Terms & Services(EEA)
Effective Date: 22 September 2025
These Platform Terms of Service ("Platform Terms") govern access to and use of the Callab AI voice agent platform, APIs, and related services (the "Platform") for customers located outside the European Economic Area, Switzerland, and the United Kingdom. For customers inside these regions, please refer to our T&S(EE).
1. Accounts and Access
1.1 Registration. You must create an account with accurate information and keep credentials confidential. You are responsible for all activities under your account.
1.2 Eligibility. You represent that you are a business user acting for commercial purposes, or if an individual, are 18+ with legal capacity to contract.
1.3 Authorized Users. You are responsible for users under your account and their compliance with these Platform Terms.
2. Definitions
Customer Data: data you submit to the Platform (e.g., contact lists, call scripts, CRM data).
Outputs: transcripts, analytics, recordings, models, and agent configurations produced by the Platform.
Personal Data, Controller, Processor: as defined in Regulation (EU) 2016/679 (GDPR).
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. For business customers, we may use de-identified and aggregated telemetry to improve performance and safety. Enterprise No-Train Addendum available on request. Individual users may opt out of improvement uses via account settings.
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.
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 competing products.
5. Plans, Fees, and Payment
5.1 Fees. Pay fees per order form or online plan. Unless stated otherwise, fees exclude VAT, taxes, carrier rates, and overages (minutes, messages, storage). Payment is due within 14 days of invoice.
5.2 Disputes and Suspension. Disputed amounts must be raised within 15 days. We may suspend for non-payment after 30 days notice, material AUP breach, security risk, or legal compliance.
5.3 Consumer Rights. Consumers have 14 days from signup to withdraw and receive a full refund. This right expires once you begin using the Platform with your express consent. Business customers do not have withdrawal rights.
6. Calling and Marketing Compliance
6.1 Your Obligations. You must comply with all calling, recording, consumer-protection, and marketing laws wherever recipients are located, including ePrivacy Directive 2002/58/EC, PECR, national do-not-call registries, consent requirements, and time restrictions. You must obtain prior consent where required, honor opt-outs immediately, present valid caller ID, and maintain required records.
6.2 Platform Controls. You will use DNCR scrubbing, suppression lists, and opt-out mechanisms provided by the Platform and will not circumvent them.
6.3 Not a Telecom Carrier. Clusterlabs ltd is not a regulated telecom carrier; numbering, routing, and termination depend on third-party providers.
7. Data Protection (GDPR)
7.1 Roles. We act as Processor and you act as Controller under GDPR for Customer Data processing. Our Data Processing Addendum (DPA) available at callab.ai/dpa is incorporated by reference.
7.2 Lawful Basis. You warrant having valid lawful basis under Article 6 GDPR for all Personal Data processed through the Platform. For special category data including voice biometrics (Article 9), you must have explicit consent or other valid basis and implement appropriate safeguards.
7.3 Data Subject Rights. We will assist you in responding to data subject requests for access, rectification, erasure, restriction, portability, objection, and rights regarding automated decision-making as required under GDPR Articles 15-22.
7.4 International Transfers. Primary processing occurs in UAE (ADGM). Transfers outside EEA rely on Standard Contractual Clauses (Module Two: Controller to Processor) with supplementary measures including encryption and access controls. Current sub-processors listed at callab.ai/subprocessors; changes notified 30 days in advance.
7.5 Security and Breaches. We maintain appropriate technical and organizational measures per Article 32 GDPR. We will notify you within 72 hours of becoming aware of a personal data breach affecting your data.
7.6 Data Retention. Active data retained during service term. Post-termination: 30-day retrieval period then deletion. Call recordings: 90 days default (configurable). Logs: 13 months. Legal holds as required.
8. Indemnities
8.1 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, applicable laws, or these Platform Terms.
8.2 By Us. We will defend and indemnify you against claims that the Platform as provided infringes intellectual property rights, excluding claims based on your content, unauthorized combinations, or use after notice of required changes.
9. Warranties and Disclaimers
9.1 Mutual Warranties. Each party warrants full authority to enter this agreement and compliance with applicable laws.
9.2 AI Disclaimers. AI is probabilistic. Outputs may be incomplete, outdated, or inaccurate. You remain responsible for human review and decisions made using Outputs. We do not warrant accuracy, completeness, or fitness for particular purposes.
9.3 Platform Warranty. The Platform will perform materially as documented. Your sole remedy is correction or, if not possible, termination and pro-rata refund.
10. Liability
10.1 Cap. Except for payment obligations, IP indemnification, and data protection breaches: each party's aggregate liability in any 12-month period is limited to fees paid in that period. Neither party is liable for indirect or consequential damages.
10.2 Consumer Protections. Nothing excludes or limits liability for death or personal injury from negligence, fraud, or rights that cannot be excluded under applicable consumer protection laws. Data protection liability is uncapped per Article 82 GDPR.
11. Term and Termination
Subscriptions auto-renew unless cancelled per your plan. Monthly plans: 30 days notice. Annual plans: per order form. Either party may terminate immediately for uncured material breach after 30 days notice. On termination, we make Customer Data available for 30 days export, then delete per our retention schedule.
12. Governing Law; Disputes
12.1 Governing Law. For business customers: Irish law. For consumers: your country of residence.
12.2 Dispute Resolution. Business customers: good faith negotiation, then courts of Ireland or ICC arbitration. Consumers may bring claims in country of residence. Either party may seek injunctive relief for IP or confidentiality breaches.
13. General
These Platform Terms, including incorporated DPA and AUP, constitute the entire agreement. Order of precedence: Order Form → DPA → Platform Terms → AUP. Neither party may assign without consent except to affiliates or acquirers. If any provision is unenforceable, remainder continues. Neither party liable for force majeure delays.
You will not use the Platform to: violate laws or rights; send unlawful, deceptive, harassing, defamatory, or invasive communications; violate ePrivacy, PECR, GDPR, or marketing rules including do-not-call registries, consent requirements, time restrictions, or caller ID obligations; conduct scams, impersonation, phishing, or fraud; target minors without parental consent or vulnerable groups inappropriately; process special category data without Article 9 basis; attempt to re-identify de-identified data or bypass security; interfere with service integrity; benchmark for publication or build competing models; or use for high-risk activities where failure may cause harm.
