Terms of Use

1. Preamble

These Terms of Use ("Terms") govern the legal relationship between Rohe Technik OÜ, Harju maakond, Tallinn, Kesklinna linnaosa, Tornimäe tn 5, 10145, Estonia ("Rohe Technik", "we", or "us") and any person or entity that uses the platform CallAgent (the "Platform" or "Service").

CallAgent allows users to place automated phone calls to third parties powered by artificial intelligence (AI). Given the inherent risks of voice‑ and conversation‑based AI systems, we require responsible use of the Service. Please read these Terms carefully before registering or using the Service.

2. Definitions

• Platform / Service: The technical infrastructure (web, API, and telephony components) of CallAgent, including software, apps, websites, and related services.
• AI Call: A voice call initiated by the Service whose content is generated or controlled wholly or partly by AI.
• Authorized Number: A phone number whose subscriber has expressly consented to being contacted by the user.
• Prohibited Use: Any use that violates applicable law, regulatory requirements, these Terms, or our policies.

3. Subject Matter of the Agreement

Rohe Technik grants the user access to the Platform to conduct AI‑assisted calls in accordance with these Terms. Rohe Technik provides the Service "as is" and does not warrant any specific outcome or availability.

4. Registration & Account Management

1. You must register and create a user account before using the Platform.
2. You must provide truthful, current, and complete information and keep it up to date during the term of the contract.
3. Access to your account is non‑transferable. You must keep your credentials confidential and notify us immediately if you suspect misuse.

5. License Grant

1. Rohe Technik grants the user a non‑exclusive, non‑transferable, revocable right to use the Platform within the scope of these Terms.
2. All rights to the Platform (including software, source code, trademarks, databases, training data, and documentation) remain with Rohe Technik or its licensors.

6. User Obligations

The user agrees to:

1. Obtain Consent (Calling & Recording): Before every AI Call, the User must ensure that (i) the called party has expressly consented to being contacted and (ii) if the call will be recorded, that the called party has expressly consented to such recording in accordance with all applicable laws. Obtaining, documenting, storing, and proving this consent is the sole responsibility of the User.
2. Comply with Law: All activities must comply with all applicable laws, regulations, and industry standards (e.g., GDPR, ePrivacy Directive, national telecommunications acts, TCPA in the USA where applicable).
3. Avoid Prohibited Content: The user must not transmit unlawful, defamatory, threatening, harassing, fraudulent, deceptive, discriminatory, pornographic, harmful to minors, or otherwise objectionable content.
4. No Emergency Calls: The Platform must not be used to contact emergency numbers (e.g., 110/112) or other critical services.
5. No High‑Risk Use: The Platform must not be used in safety‑critical environments (e.g., medical emergencies, aviation, nuclear facilities) where malfunctions could lead to death, personal injury, or severe property damage.
6. Authentic Representation: Using the Service to deceive, conceal identity, or "deepfake" real persons is prohibited unless the affected person has given explicit, verifiable consent.
7. No Caller‑ID Spoofing: Intentional falsification or masking of caller ID (CLI) is prohibited.
8. No Mass Marketing Without Legal Basis: Unsolicited bulk communications ("robocalls", cold calls) are prohibited unless explicit consent (opt‑in) and all formal requirements (e.g., clear sender identification, opt‑out right) are met.

7. Prohibited Use (Examples)

1. Fraudulent activities, phishing, or social engineering.
2. Harassment, stalking, intimidation, or threats.
3. Violations of national or international sanctions, export, or embargo regulations.
4. Use by minors under 18 without parental consent.
5. Use in combination with technologies that process biometric data without legal basis (e.g., voice‑to‑face matching).
6. Creation of audio content that infringes third‑party copyrights or trademarks.

Rohe Technik reserves the right to classify any violation as "Prohibited Use" at its sole discretion.

8. Monitoring & Account Suspension

1. Fraud Detection: We employ automated and manual procedures to detect abusive use.
2. Immediate Suspension: If we detect evidence of fraud, illegal activities, or violations of these Terms, we may temporarily or permanently suspend or delete the user account without prior notice and without stating reasons.
3. Data Access: Upon suspension, the user may lose access to stored data. A right to data release exists only where required by law.

9. Fees & Payment

1. The Service is subject to charges unless expressly agreed otherwise.
2. The applicable prices are those published at the time of order or individually agreed.
3. Payments are due in advance. We may suspend the account in case of late payment.

10. Warranty

The Service is provided within Rohe Technik's technical, economic, and operational capabilities. We do not warrant uninterrupted, error‑free, or fault‑free availability.

11. Liability & Limitation of Liability

1. General Principle: Rohe Technik is liable – regardless of legal grounds – only for intent and gross negligence.
2. Cap on Damages: Rohe Technik's maximum liability is limited in all cases to the amount the user actually paid for the relevant billing period of the Service.
3. Exclusion of Indirect Damages: We are not liable for indirect damages, consequential damages, loss of profit, production downtime, or data loss.
4. Legal Compliance: The user is solely responsible for all content and call actions and shall indemnify Rohe Technik against third‑party claims arising from any breach of user obligations.
5. Emergency‑Call Exclusion: We accept no liability for damages arising from the user's wrongful use of the Service for emergency calls.

12. Indemnification

The user agrees to indemnify and hold harmless Rohe Technik, its officers, employees, and agents from all claims, damages, losses, costs, and expenses (including reasonable legal fees) arising from (i) a culpable breach of these Terms, (ii) use of the Platform contrary to its intended purpose, or (iii) an infringement of third‑party rights.

13. Data Protection

Our Privacy Notice applies and is available at /privacy. It explains, among other things, purposes, legal bases, retention periods, recipients, and data subject rights.

14. Changes to the Platform and the Terms

1. We may modify, further develop, or discontinue Platform functions at any time.
2. We may amend these Terms. We will inform the user of material changes at least 14 days in advance in text form. If the user does not object before the changes take effect, they will be deemed accepted.

15. Term & Termination

1. The contract is concluded for an indefinite period.
2. Either party may terminate the contract at any time with 14 days' notice.
3. The right to extraordinary termination for cause remains unaffected.
4. Upon termination or suspension, the right to use the Service ends. Clauses 11 (Liability) and 12 (Indemnification) survive termination.

16. Governing Law & Jurisdiction

Estonian law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The exclusive place of jurisdiction for all disputes arising out of or in connection with this contract is Tallinn, provided the user is a merchant or a public‑law entity.

17. Severability

If any provision of these Terms is or becomes invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a valid one that comes closest to the economic intent.

18. Contact

Rohe Technik OÜ
Harju maakond, Tallinn, Kesklinna linnaosa, Tornimäe tn 5
10145
Estonia
Email: support@rohe.ai

19. Fair‑Use Policy

In order to protect network stability and prevent abuse, Rohe Technik applies a Fair‑Use Policy:

1. Call‑Volume Thresholds: We may define reasonable limits for the number of calls, total minutes, or characters converted to speech per billing cycle. These thresholds are based on your subscription tier and typical usage patterns.
2. Burst Traffic Controls: We may temporarily throttle or queue calls if you exceed concurrency limits to avoid network congestion.
3. Excess Usage: If your usage consistently or significantly exceeds normal levels, we may (i) request an upgrade to a higher plan, (ii) impose additional fees, or (iii) suspend or terminate the account after prior notice.
4. Non‑Commercial Plans: Personal or trial plans must not be used for bulk or commercial outreach.

20. Export Control & Sanctions Compliance

1. Regulated Destinations: The Service must not be used to contact phone numbers in, or belonging to persons or entities located in, countries or regions subject to comprehensive embargoes or sanctions imposed by the EU, the United Nations, the U.S. OFAC, or other applicable authorities.
2. Denied Parties: You may not use the Service to interact with individuals or organizations listed on any applicable sanctions or denied‑party lists.
3. User Declaration: By using the Service, you represent and warrant that (i) you are not located in a sanctioned jurisdiction, (ii) you are not a denied party, and (iii) you will not direct calls or content to such parties.
4. Geo‑Blocking & Number Filtering: Rohe Technik may implement automatic geoblocking, number blacklists, and other technical measures to enforce export‑control restrictions.
5. Regulatory Cooperation: We will cooperate with competent authorities and may disclose limited user data where legally required to ensure compliance with export laws.

21. Call Recordings

1. Recording Feature: The Platform may offer the option to record calls for quality assurance, evidence, or analytics.
2. Legal Responsibility: Recording laws vary by jurisdiction (e.g., one‑party vs. two‑party consent). You are solely responsible for determining and complying with the applicable consent requirements before initiating a recording.
3. Notice & Consent: Where legally required, you must inform all call participants that the conversation is being recorded and obtain their explicit consent.
4. Storage & Security: Recordings are stored for the period specified in your subscription or deleted earlier upon your request. We implement appropriate technical and organizational measures to protect recordings against unauthorized access.
5. Prohibited Content: Recordings containing unlawful or prohibited content, as defined in these Terms, may be removed and reported to authorities.
6. User‑Provided Numbers & Consent Responsibility: All phone numbers dialled via the Service are provided solely by the User. Rohe Technik does not verify the legality of contacting or recording these numbers. The User acts as the data controller for any personal data of called parties and warrants that all required consents and legal bases exist.

22. Refund Policy

We offer a 14-day refund policy for unused tokens purchased through our platform, in accordance with Paddle Buyer Terms. If you have not used any portion of your purchased tokens and request a refund within 14 days of purchase, we will issue a full refund. Please note: Due to the nature of our service (Software as a Service - SaaS), tokens that have already been consumed or partially used to initiate calls cannot be refunded. To request a refund for unused tokens, please contact our support team at support@rohe.ai.