Terms & Services

Effective Date: 22 September 2025
These Platform Terms of Service (the “Platform Terms”) govern access to and use of the Callab AI voice agent platform, APIs, and related services (the “Platform”).

1. Accounts and Access

1.1 Registration. You must create an account and keep credentials confidential.
1.2 Eligibility. You are a business user acting for commercial purposes; 18+ or duly authorized.
1.3 Authorised Users. You are responsible for users under your account.

2. Definitions

• Customer Data: data you submit to the Platform (e.g., contact lists, call scripts, CRMs).

• Outputs: transcripts, analytics, recordings, models, and agent configurations produced by the Platform.

• Sub‑processors: third parties Clusterlabs engages to deliver the Platform.

3. Rights; Ownership; Improvements

3.1 Your Materials. You own Customer Data and Outputs (subject to third‑party rights and these Platform Terms).
3.2 Our IP. We own the Platform and all underlying models, software, and know‑how.
3.3 Model improvement. By default, we may use de‑identified and aggregated telemetry to improve performance and safety. Enterprise No‑Train Addendum available on request to disable model improvement use beyond providing the services.

4. License and Restrictions

4.1 License. During your subscription, Clusterlabs grants a non‑exclusive, non‑transferable right to access and use the Platform for your internal business purposes, in accordance with these Platform Terms and the Acceptable Use Policy (AUP) below.
4.2 Restrictions. You will not: reverse‑engineer; circumvent technical limits; benchmark for publication without consent; mine or re‑identify de‑identified data; or use the Platform to build a competing product.

5. Plans, Fees, Taxes, Suspension

5.1 Fees. Pay fees per order form or online plan. Unless stated otherwise, fees are exclusive of taxes, carrier rates, and overages (minutes, messages, storage).
5.2 Invoicing. Charges may be pre‑authorized to your payment method; disputed amounts must be raised within 15 days.
5.3 Suspension. We may suspend for non‑payment, material AUP breach, security risk, or legal compliance.

6. Telemarketing and Calling Compliance

6.1 Your obligations. You must comply with all calling, recording, consumer‑protection, and marketing laws wherever call recipients are located, including UAE Cabinet Resolution No. 56 of 2024 (Telemarketing Regulations) and Cabinet Resolution No. 57 of 2024 (penalties), and any Do‑Not‑Call Registry (DNCR) rules and approvals. You must obtain prior consent where required, honor opt‑outs, present valid caller ID, respect time‑of‑day/frequency limits, and maintain records.
6.2 Global examples. Where you call outside the UAE, you must also comply with applicable frameworks such as TCPA/TSR (US) and ePrivacy rules (EU), two‑party consent recording laws, and carrier policies.
6.3 Product controls. You will use DNCR scrubbing, suppression lists, and opt‑out mechanisms provided or required by the Platform and will not circumvent them.
6.4 Not a telecom carrier. Clusterlabs is not a regulated telecom carrier; numbering, routing, and termination depend on third‑party providers, which may change.

7. Data Protection (ADGM DPR 2021)

7.1 Roles. Unless otherwise agreed in a signed DPA, for Customer Data we act as Processor and you act as Controller under the ADGM Data Protection Regulations 2021.
7.2 DPA. The Data Processing Addendum in Section 3 below is incorporated by reference.
7.3 Transfers. International transfers rely on appropriate safeguards, including the ADGM Addendum to EU SCCs where applicable.
7.4 Special categories. If you process biometric/voice or other special‑category data, you must have a valid lawful basis and, where required, an Appropriate Policy Document and DPIA. 

8. Security and Confidentiality

We maintain industry‑standard technical and organizational measures. Both parties will protect each other’s Confidential Information and use it only for the agreed purpose.

9. Service Levels and Changes

9.1 Uptime. Target 99.9% monthly uptime. Credits apply per the SLA if we miss targets.
9.2 Changes. We may update features, safety systems, and providers; we will give 30 days’ notice for deprecations that materially reduce core functionality, where practicable.

10. Indemnities

10.1 By you. You will defend and indemnify Clusterlabs against third‑party claims arising from Customer Data, your Outputs, your calling activities, or your breach of the AUP or laws.
10.2 By us. We will defend and indemnify you against claims that the Platform (as provided by us) infringes IP, excluding claims based on your content, combinations not supplied by us, or use after we notify a workaround.

11. Disclaimers

AI is probabilistic. Outputs may be incomplete, out‑of‑date, or inaccurate. You remain responsible for human review and for decisions made using Outputs.

12. Liability Cap

Except for your payment obligations, IP infringement indemnity, and breach of Section 7 (Data Protection): each party’s aggregate liability in any 12‑month period is limited to the fees you paid in that period; neither party is liable for indirect or consequential damages.

13. Term and Termination

Subscriptions auto‑renew unless cancelled per your plan. Either party may terminate for uncured material breach after 30 days’ notice. On termination, we will make Customer Data and Outputs export available for 30 days, then delete per our retention schedule and DPA.

14. Publicity

We may use your name and logo as a customer reference unless you opt out in writing.

15. Governing Law; Dispute Resolution

15.1 Governing law. Laws of ADGM apply.
15.2 Arbitration. Any dispute will be resolved by arbitration seated in ADGM under ADGM Arbitration Regulations 2015, administered under the ICC Rules, in English, by one arbitrator (or three for claims exceeding USD 1,000,000). Interim or injunctive relief may be sought in the ADGM Courts. 

16. Order of Precedence; Entire Agreement

If there is a conflict: Order Form → Platform Terms → AUP → Telemarketing Addendum → Site Terms. These documents are the entire agreement for the Platform.

Acceptable Use Policy (AUP)

You and your users will not use the Platform to:

1. Violate laws or rights; send unlawful, deceptive, harassing, defamatory, or invasive communications.

2. Violate telemarketing or recording rules, DNCR requirements, consent rules, time‑of‑day or frequency limits, or caller ID obligations (see Telemarketing Addendum).

3. Conduct scams, impersonation, phishing, account takeovers, or payments fraud.

4. Target minors or vulnerable groups; send political persuasion, emergency services, or financial promotions without required approvals.

5. Process special‑category data without a valid lawful basis and required safeguards.

6. Attempt to re‑identify de‑identified data, scrape suppression lists, or bypass opt‑outs.

7. Interfere with security or service integrity; test for vulnerabilities without authorization.

8. Benchmark for publication or build competing models using our Outputs or telemetry.

9. Use for high‑risk activities where failure may lead to death, personal injury, or property damage.
   
   

Telemarketing Compliance Addendum

This Addendum applies to any calling into or from the UAE.

A. Approvals and Compliance Program
A.1 You will obtain prior approvals required to conduct phone marketing in the UAE and maintain evidence. A.2 You will train staff on ethics, DNCR use, and opt‑out handling; maintain written procedures and call logs.

B. DNCR and Consents
B.1 You will scrub numbers against the DNCR before each campaign and at reasonable intervals thereafter; B.2 you will honor verbal and DTMF opt‑outs immediately; B.3 you will not place calls to numbers on the DNCR unless an applicable exception applies.

C. Presentation and Timing
C.1 Present a valid caller ID traceable to your entity; C.2 comply with time‑of‑day and frequency limits; C.3 do not spoof or rotate numbers to evade detection. 

D. Recording and Monitoring
D.1 Obtain and record lawful consent for recordings and analytics; D.2 where two‑party consent is required, obtain consent from all participants before recording.

E. Penalties and Enforcement
E.1 You acknowledge administrative penalties under Cabinet Resolution 57 of 2024 for violations of the Telemarketing Regulations.