Terms and Conditions

Part A — Website Terms of Use

A1. Purpose

These terms of use (the “Terms of Use”) govern access to and use of the thecallagent.com website. The website is published by CALL AGENT SASU (a French simplified joint-stock company, RCS Bordeaux 989 047 691), which operates the TheCallAgent brand (see the legal notice). By browsing the website, you accept these Terms of Use.

A2. Access to the website

The website is accessible free of charge. TheCallAgent endeavors to keep it accessible, without any obligation of result: access may be interrupted for maintenance, updates or in the event of force majeure.

A3. Published information

The information on the website describes the features of TheCallAgent offers for guidance only. Market data is quoted together with its source. This information does not constitute a contractual offer: only these terms of sale, the subscription page and, where applicable, the signed quote are binding on TheCallAgent.

A4. AI assistant and third-party services

The website provides an automated chat assistant, supplied by Retell AI, which directs you to the offer best suited to your needs. It is an artificial intelligence system: its answers are generated automatically, are provided for guidance only and may contain errors. Do not enter any sensitive data (health information, bank details, etc.).

This assistant and the booking calendar (Google Calendar) are only loaded with your consent. See the cookie policy.

A5. Contact form

You undertake to provide accurate information. The data you submit is processed in accordance with the privacy policy.

A6. Intellectual property

The content of the website is protected by intellectual property law. The conditions for its reuse and the credits are set out in the legal notice.

A7. Links and liability

TheCallAgent is not liable for the content of third-party websites to which links refer, nor for any damage resulting from a use of the website that does not comply with these Terms of Use.

A8. Amendments and governing law

TheCallAgent may amend these Terms of Use; the applicable version is the one online at the time of your visit. These Terms of Use are governed by French law.

Part B — Terms of Sale

B1. Scope

These terms of sale (the “Terms of Sale”) are entered into between CALL AGENT SASU (a French simplified joint-stock company, RCS Bordeaux 989 047 691, registered office: 15 Rue de Saint-Hubert, 33370 Artigues-Près-Bordeaux, France), hereinafter “TheCallAgent”, and the Customer. They apply to all TheCallAgent offers:

• subscription offers purchased online, including the packaged Restaurants and Real Estate offers;
• the custom offer, which is subject to a quote.

In the event of any conflict, the signed quote prevails over the Terms of Sale. In accordance with Article L441-1 of the French Commercial Code, the Terms of Sale are provided on a durable medium to any business buyer who requests them.

B2. Offers reserved for business customers

TheCallAgent offers are intended exclusively for business customers acting for the purposes of their business activity. The Customer declares this when subscribing and provides its company name and SIREN number. The offers are not available to consumers.

B3. Description of services

TheCallAgent provides a phone agent based on artificial intelligence, configured according to the information supplied by the Customer (opening hours, services, pricing, appointment-scheduling rules, tools to connect). The content of each offer is described on the subscription page or in the quote.

The service relies on technical providers (telephony, speech recognition and speech synthesis, artificial intelligence models, connected tools), the list of which is set out in the privacy policy.

B4. Ordering and formation of the contract

Online: the Customer selects an offer, creates an account, reviews the order summary and may correct any errors, accepts these Terms of Sale by checking the box provided, then proceeds to payment. The contract is formed upon validation of the payment; a confirmation summarizing the order is sent by email (Articles 1127-1 and 1127-2 of the French Civil Code).

By quote: the contract is formed when the Customer signs the quote.

B5. Pricing

Prices are quoted in euros and exclusive of VAT. VAT is invoiced in addition where applicable; where the small-business VAT exemption scheme applies, the invoice bears the statement “TVA non applicable, article 293 B du CGI” (VAT not applicable, Article 293 B of the French General Tax Code). Any variable usage (call minutes, SMS) is invoiced according to the rate schedule of the subscribed offer.

TheCallAgent may change its prices by notifying the Customer at least 30 days before the new prices take effect. A Customer who does not accept the change may cancel their subscription before that date.

B6. Payment

Subscriptions are payable in advance, for each billing period, by credit or debit card or by direct debit through a secure payment provider. TheCallAgent does not store any bank details. Invoices issued under a quote are payable according to the payment schedule set out in the quote, and no later than 30 days after their issue date.

Any late payment automatically incurs late-payment penalties calculated at the rate applied by the European Central Bank to its most recent refinancing operation, plus 10 percentage points, together with a fixed recovery-cost indemnity of €40 (Articles L441-10 and D441-5 of the French Commercial Code). If a formal notice remains without effect for 8 days, TheCallAgent may suspend the service.

B7. Term, renewal and termination

Unless a different term is stated on the subscription page or in the quote, the subscription is entered into for one month and renews automatically for successive one-month periods. The Customer may cancel it at any time from their customer area or by email; cancellation takes effect at the end of the current, already-paid period.

Either party may terminate the contract in the event of a serious breach by the other party that is not remedied within 15 days of a formal notice.

B8. Right of withdrawal

A contract concluded at a distance (online) between business parties does not give rise to a right of withdrawal: the extension of this right to business customers under Article L221-3 of the French Consumer Code applies only to contracts concluded off-premises.

Where the contract is concluded off-premises (for example, signed during a meeting at the Customer's premises), its subject matter falls outside the scope of the Customer's main business activity and the Customer employs five employees or fewer, the Customer has a 14-day withdrawal period. The procedure and the withdrawal form are set out in the refund policy.

B9. TheCallAgent's obligations

TheCallAgent deploys and configures the agent, maintains it and responds to support requests by email. It is bound by a best-efforts obligation.

B10. Customer's obligations

The Customer undertakes to:

• provide accurate and up-to-date information about its business, which the agent uses to answer calls;
• check the content produced by the agent before any binding use (quotes, documents, messages);
• use the service lawfully, in particular by complying with the regulations applicable to telephone canvassing (Articles L223-1 et seq. of the French Consumer Code) for outbound calls;
• not disable the announcement, at the start of each call, of the agent's artificial nature;
• comply with the terms of use of the third-party services it connects.

B11. Artificial intelligence

The agent is an artificial intelligence system. In accordance with Article 50 of Regulation (EU) 2024/1689, it is designed to inform individuals, from the start of the call, that they are speaking with an AI. Its answers are generated automatically and may be inaccurate; TheCallAgent does not guarantee the accuracy of each answer.

B12. Personal data

With respect to the data of called or calling individuals, the Customer is the data controller and TheCallAgent acts as processor. To that end, the parties enter into a data processing agreement compliant with Article 28 of the GDPR. For all other matters, see the privacy policy.

B13. Liability

TheCallAgent may only be held liable where fault is proven. Its liability is limited to direct damages and capped at the amount paid by the Customer during the 12 months preceding the event giving rise to the claim, except in the event of gross negligence or willful misconduct. TheCallAgent is not liable for indirect damages (loss of revenue, customers or data), nor for interruptions attributable to technical providers or telephone operators.

B14. Force majeure

Neither party is liable for a failure caused by an event of force majeure within the meaning of Article 1218 of the French Civil Code.

B15. Intellectual property

TheCallAgent grants the Customer, for the term of the subscription, a non-exclusive, non-transferable right to use the service. The data and content supplied by the Customer remain the Customer's property.

B16. End of the contract

At the end of the contract, the Customer may request an export of its data for 30 days. After that period, the data is deleted in accordance with the privacy policy.

B17. Governing law and disputes

These Terms of Sale are governed by French law. The parties shall first seek an amicable solution. Failing that, the dispute shall be brought before the competent courts of Bordeaux, France, to the extent permitted by Article 48 of the French Code of Civil Procedure.

As the offers are reserved for business customers, the consumer mediation scheme does not apply.