These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and Dafolks (doing business as Call Optix) ("Call Optix," "we," "us," or "our"). By accessing or using our website at https://calloptix.com (the "Website") or our AI-powered call analytics platform (the "Platform"), you agree to be bound by these Terms. If you do not agree to these Terms, you must not use our services.

1. Definitions

• Platform refers to Call Optix's AI-powered call analytics, transcription, VoIP telephony, call recording, coaching, and automation software provided as a service.
• Services refers collectively to the Platform, Website, and any related tools, features, or offerings provided by Call Optix.
• Customer / Client means any business or individual that subscribes to or uses the Platform.
• End User means any individual whose call is recorded, transcribed, or analyzed through the Platform.
• Customer Data means all data submitted to, generated by, or processed through the Platform by or on behalf of the Customer, including call recordings, transcriptions, analytics, and extracted data fields.

2. Service Description

Call Optix provides an AI-powered call analytics platform that enables businesses to record, transcribe, analyze, and derive insights from telephone conversations. The Platform may include VoIP telephony, call recording infrastructure, AI-powered transcription, sentiment analysis, agent performance scoring, automated task management, custom data extraction, and related features. The specific features available to you depend on your subscription plan.

3. Account Registration

To access the Platform, you must create an account and provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access to or use of your account.

4. Customer Responsibilities and Compliance

Call Optix provides a technology platform that enables call recording, transcription, storage, analysis, and related services. The Platform may include VoIP telephony, call recording infrastructure, and AI-powered analytics capabilities. Call Optix is a technology provider and does not control how Customers use these capabilities.

The Customer acknowledges and agrees that, as between the Customer and Call Optix, the Customer is the data controller with respect to all call recordings, transcriptions, and associated data processed through the Platform. The Customer maintains full responsibility for determining the purposes and means of processing such data.

The Customer shall ensure that its use of the Platform complies with all applicable laws, regulations, and industry standards, including without limitation those governing call recording, telecommunications monitoring, data protection, and privacy (such as applicable one-party or two-party consent statutes, the General Data Protection Regulation, the Telephone Consumer Protection Act, the Privacy and Electronic Communications Regulations, and equivalent legislation in any relevant jurisdiction). The Customer shall obtain all required consents, provide all necessary disclosures, and implement all notices required under applicable law prior to recording, monitoring, or analyzing any call through the Platform.

Call Optix does not provide legal advice and makes no representation or warranty regarding the legality of call recording, monitoring, or analysis in any jurisdiction. The Customer acknowledges that laws governing call recording and surveillance vary significantly across jurisdictions, and it is the Customer's sole responsibility to seek independent legal counsel to ensure compliance.

Call Optix shall not be liable for any claims, damages, penalties, fines, or losses arising from the Customer's failure to comply with applicable laws, including but not limited to claims from recorded parties, regulatory enforcement actions, or third-party complaints relating to the Customer's use of call recording, monitoring, or analysis features provided through the Platform.

5. Data Ownership

As between the Customer and Call Optix, the Customer retains all rights, title, and interest in and to Customer Data. The Customer grants Call Optix a limited, non-exclusive, non-transferable licence to process, store, and transmit Customer Data solely for the purpose of providing and improving the Services in accordance with these Terms and our Privacy Policy.

Call Optix may generate aggregated, anonymized, or de-identified data derived from Customer Data that does not identify any individual or the Customer. Call Optix retains all rights in such aggregated data and may use it for product improvement, benchmarking, and analytics purposes.

6. Acceptable Use

You agree not to use the Services to:

• Record, monitor, or analyze calls in violation of applicable laws or without required consents
• Harass, stalk, threaten, or intimidate any individual
• Transmit malicious code, viruses, or any other harmful technology
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Platform
• Resell, sublicence, or redistribute the Services without our prior written consent
• Use the Services in any manner that could damage, disable, or impair the Platform
• Access or use another Customer's account or data without authorization

7. Intellectual Property

All intellectual property rights in the Platform, Website, and Services — including but not limited to the software, AI models, algorithms, user interface designs, documentation, trademarks, and logos — are and shall remain the exclusive property of Call Optix or its licensors. These Terms do not grant you any rights in or to our intellectual property except for the limited right to use the Services as described herein.

8. Payment Terms

Paid features of the Platform require a subscription. Pricing, billing cycles, and payment terms are as specified during the subscription process and on our pricing page. All fees are non-refundable except as set forth in our Refund and Returns Policy. We reserve the right to modify our pricing with reasonable notice to existing Customers.

9. Limitation of Liability

To the maximum extent permitted by applicable law, Call Optix shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business opportunities, or goodwill, arising out of or in connection with your use of the Services, regardless of the theory of liability.

Without limiting the foregoing, Call Optix shall not be liable for any claims, damages, penalties, fines, or losses arising from: (a) the Customer's failure to comply with applicable call recording, monitoring, or data protection laws; (b) any claims from recorded parties or third parties relating to the Customer's use of the recording, transcription, or analysis features; or (c) the Customer's failure to obtain required consents or provide required notices.

In no event shall Call Optix's total aggregate liability for all claims arising out of or in connection with these Terms or the Services exceed the total fees paid by the Customer to Call Optix during the twelve (12) months immediately preceding the event giving rise to such liability.

10. Indemnification

The Customer agrees to indemnify, defend, and hold harmless Call Optix, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with: (a) the Customer's breach of these Terms; (b) the Customer's failure to obtain required consents or provide required notices in connection with call recording or monitoring; (c) any violation of applicable laws, regulations, or third-party rights resulting from the Customer's use of the Platform; or (d) any dispute between the Customer and any recorded party or third party relating to the Customer's use of call recording, transcription, or analysis features.

11. Disclaimer of Warranties

The Services are provided on an "as is" and "as available" basis without warranties of any kind, whether express, implied, or statutory. Call Optix disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Call Optix does not warrant that the Services will be uninterrupted, error-free, or secure, nor does it warrant the accuracy of any transcription, analysis, or data extraction performed by the Platform.

Call Optix makes no warranty or representation that use of the Platform will be lawful in any particular jurisdiction. The Customer is solely responsible for determining whether its use of the Services complies with applicable law.

12. Data on Termination

Upon cancellation or termination of your subscription, your access to the Platform will cease at the end of your current billing cycle. Customer Data is not automatically deleted upon account cancellation or termination. If you wish to have your Customer Data deleted, you must submit a written request to support@calloptix.com. We will process deletion requests within a reasonable timeframe, subject to any legal obligations that may require us to retain certain data.

13. Subscription and Cancellation

Subscriptions renew automatically at the end of each billing cycle unless cancelled prior to the renewal date. You may cancel your subscription at any time. Cancellation will take effect at the end of the current billing cycle, and no further charges will be applied. For full details on refunds, please refer to our Refund and Returns Policy.

14. Termination

Call Optix reserves the right to suspend or terminate your access to the Services at any time, with or without notice, if you breach these Terms, engage in unlawful activity, or if we reasonably believe that your use of the Services poses a risk to the Platform, other Customers, or third parties.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which the Company is registered, without regard to its conflict of law principles. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the competent courts in such jurisdiction.

16. Changes to These Terms

We may update these Terms from time to time. We will notify you of any material changes by posting the updated Terms on this page, updating the "Last Updated" date above, or by sending notice to the email address associated with your account. Your continued use of the Services following the posting of changes constitutes your acceptance of such changes.

17. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, shall be severed from these Terms. The remaining provisions shall continue in full force and effect.

18. Entire Agreement

These Terms, together with our Privacy Policy, Refund and Returns Policy, and any additional agreements applicable to specific Services, constitute the entire agreement between you and Call Optix regarding your use of the Services and supersede all prior agreements, understandings, and communications.

19. Contact Us

If you have any questions about these Terms, please contact us:

• By email: support@calloptix.com
• By visiting: https://calloptix.com/contact