Terms of Service
Draft for legal review
This text is not in force yet. Highlighted items wait for an owner decision
The terms on which a business uses iCall, the AI phone assistant from KCall LLC.
Version 0.1-draft · Updated
Draft for legal review. This document has not been reviewed by a lawyer and is not in force. Highlighted items marked D01, D02 and so on are decisions the owner still has to make, with a proposal where one exists.
1. Who we are and what applies
iCall is an AI phone assistant service provided by KCall LLC (Georgian company ID 404509983), registered at [registered address · to be confirmed] ("KCall", "iCall", "we"). KCall has run a call center in Georgia since 2016.
These terms apply to the business, sole proprietor or organisation that opens an iCall account or signs an order form ("Customer", "you"). iCall is a service for businesses. It is not offered to consumers, and you confirm that you are acting for a business purpose [business customers only, confirm · to be confirmed].
The agreement between us consists of these terms, your order form or the package you chose on the pricing page, and the following documents, which are part of it:
- the Data Processing Agreement (DPA)
- the Service Level Agreement (SLA)
- the Acceptable Use Policy (AUP)
- the Call recording and AI disclosure policy
If documents conflict, the order form comes first, then the DPA for anything about personal data, then these terms, then the SLA, the AUP and the disclosure policy.
2. The service
iCall lets you set up an AI voice assistant that answers inbound calls and, where you enable it, makes outbound calls for you. The assistant can look up information you approve, collect details, create or change records in systems you connect, and pass the call to a person on your team. You manage it in the iCall workspace.
We describe only what is available and tested. Features marked as planned or coming soon are not part of the service until we announce them, and nothing in the agreement obliges us to deliver them by a given date.
The assistant is built on third-party AI models. The providers we use are listed in the DPA.
3. Accounts and users
You need an account to use the workspace. You must give accurate details and keep them current. You decide who in your organisation gets access and with which role, and you are responsible for what they do with it.
Keep your login details and second factor safe. Tell us without delay at [security contact email · to be confirmed] if you suspect that someone else has access. We may require a stronger sign-in step for owner and administrator accounts.
4. Demo and trial
Today. The demo on our website is a simulation. It plays a scripted example conversation with a countdown. It does not use your microphone, does not send your voice or any other data to an AI service, does not send an SMS and does not ask for your phone number. The rest of this section describes the live voice demo and trial, which are planned. They are not part of the service until we announce that they are live.
Planned live demo and trial. Anyone will be able to try a short voice demo on our website without registering. The demo will be limited in time: [40 seconds without registration, 4 more minutes after phone number verification; a 7-day trial with 60 minutes of calls in total, starting with your first test call from your own phone and granted once per phone number, with no card. The trial ends after 7 days or 60 minutes, whichever comes first. A paid subscription lifts these trial limits, as in the current product plan · to be confirmed]. Verifying a phone number will send a one-time code by SMS. It will not sign you up for marketing messages and will not start a sales call.
Once the live demo and trial are available, your voice, the transcript and the phone number you verify will be processed to run the demo, to prevent abuse and to improve our service. How long we will keep them is in the data retention schedule. Trial and demo features may differ from the paid service, and we may limit or stop them to protect the service or control cost.
5. Fees and payment
Fees are in the order form or in the package you select on the pricing page. Unless it says otherwise, prices are in Georgian lari (GEL) and exclude VAT.
- Monthly packages include a number of AI minutes. Minutes are counted as described on the pricing page. Unused minutes do not carry over.
- Telephony and SMS costs are separate unless the order form says they are included.
- Extra usage beyond your package is switched off by default. It happens only if you turn it on and set a spending limit.
- Payment is taken through our payment provider, Flitt. We do not store your card number.
- Invoices are due [payment term, for example 7 days from invoice date · to be confirmed]. Late amounts may lead to suspension after written notice [grace period, for example 10 days · to be confirmed].
- We may change prices on [price change notice, for example 30 days · to be confirmed] days written notice. A change applies from your next billing period, and you may cancel before it takes effect.
6. Your responsibilities
You are responsible for how you use iCall and for the calls the assistant takes or makes for you. In particular, you confirm and promise that:
- you have a lawful basis to process the personal data you bring to iCall (caller numbers, contact lists, customer records) and to have the assistant contact those people
- you give the notices and obtain the consents the law requires, including telling callers that they are talking to an AI and that the call may be recorded, as set out in the Call recording and AI disclosure policy
- you own, or are allowed to use, the phone numbers and trunks you connect
- the knowledge, scripts and instructions you give the assistant are accurate and lawful, and you review them
- you follow the Acceptable Use Policy, including its rules for outbound calling
You stay responsible for decisions and promises made to your customers. Check the assistant's work with the same care you would apply to a new employee.
7. Limits of an AI assistant
AI makes mistakes. It can mishear, misunderstand or give a wrong answer, and it can be misled by a caller. iCall is not designed for emergency calls, medical, legal or financial advice, or any decision that has legal or similarly significant effects on a person without a human check. Do not route emergency services calls to it.
A hand-over to a person works only if you have configured a destination and the person is available. Automatic speech recognition and transcripts are not guaranteed to be complete or exact.
8. Personal data
For the personal data of your callers and contacts that iCall processes on your behalf, you are the controller and KCall is the processor, under the DPA. We process that data only on your documented instructions.
For website, account, billing, security and abuse-prevention data, KCall is the controller. How we handle it is in the Privacy Policy.
We do not sell personal data. We do not use your call content to train AI models, and we use it to improve our service only if you agree [no training or improvement use of customer call content without opt-in · to be confirmed]. The retention schedule sets how long data is kept.
9. Intellectual property
We own the iCall platform, software, documentation and brand. We give you a limited, non-exclusive, non-transferable right to use the service during the term for your business.
You own your content: your knowledge base, scripts, contact lists, call recordings, transcripts and the outputs generated for you. You give us the licence we need to host and process them to provide the service and to meet our legal duties.
You may not copy, reverse engineer or resell the platform, or use it to build a competing service. If you give us feedback, we may use it without obligation to you.
10. Availability and support
We target the availability and support levels in the SLA. We may carry out maintenance as the SLA describes. We may suspend all or part of the service at once if needed to stop a security threat, an unlawful use or a serious breach of the AUP, and we will tell you why as soon as we can.
11. Confidentiality
Each of us keeps the other's non-public information confidential, uses it only for the agreement, and shares it only with people who need it and are bound to keep it secret, or where the law requires. This lasts for [confidentiality period after the end, for example 3 years · to be confirmed] after the agreement ends and for as long as personal data is concerned.
12. Warranties
We provide the service with reasonable skill and care. We do not promise that it will be uninterrupted or error free, or that AI output will be accurate. To the extent Georgian law allows, we give no other warranties.
13. Liability
Nothing here limits liability that cannot be limited by law, including for intent or gross negligence.
Subject to that, KCall's total liability under the agreement in any 12 months is limited to [cap, for example the fees paid in the 12 months before the event · to be confirmed]. Neither of us is liable for loss of profit, loss of business or indirect loss. Service credits under the SLA count toward this limit.
14. Indemnity
You will defend and compensate KCall against third-party claims and regulatory penalties that arise from your calls without a lawful basis, from your failure to give required notices or obtain required consents, or from content and instructions you provide in breach of the law or the AUP [indemnity scope, confirm with counsel · to be confirmed].
We will defend and compensate you against third-party claims that the iCall platform, as we provide it, infringes their intellectual property rights, subject to the limits above [confirm with counsel · to be confirmed].
15. Term and ending the agreement
The agreement starts when you accept it and continues for the term in the order form. Monthly packages renew each month until you give notice. Either of us may end a monthly agreement by giving [notice period, for example 30 days · to be confirmed] days written notice.
Either of us may end the agreement at once by written notice if the other commits a material breach and does not fix it within [cure period, for example 14 days · to be confirmed] days of being asked to. We may end it at once for a serious breach of the AUP.
When the agreement ends you can export your data for [export window, for example 30 days · to be confirmed] days. After that we delete it as set out in the retention schedule and the DPA. Fees already due stay payable.
16. Changes to these terms
We may update these terms. For a material change we will give you [notice of changes, for example 30 days · to be confirmed] days notice by email and in the workspace. If you do not accept a change, you may end the agreement before it takes effect.
17. Governing law and disputes
Georgian law governs the agreement. The parties will first try to settle a dispute by talks. If that fails, the dispute goes to [Tbilisi City Court, or arbitration institution to be chosen · to be confirmed]. Rules on personal data in the DPA apply as the law requires, whatever this section says.
18. Contact and notices
Notices to KCall go to [legal notices email · to be confirmed] and to the address in section 1. Notices to you go to the email of your account owner. General questions: [general contact email · to be confirmed].