Terms and Conditions

Last updated: May 26, 2025.

Introduction

These Terms and Conditions ("Terms") govern your access to and use of our software-as-a-service ("SaaS") platform, which provides an end-to-end solution to record, transcribe and generate actionable notes from sales calls. By accessing or using the Salescaling platform (hereinafter, “Salescaling” or the “Platform”), you agree to be bound by these Terms. If you do not agree to these Terms, please refrain from using our services.

The Platform is intended exclusively for businesses, professionals and organizations (hereinafter, the “Client” or “User”) acting in the context of their commercial, corporate or professional activity. Consequently, it does not apply to consumers or end users as defined in Article 3 of Royal Legislative Decree 1/2007, and acceptance of these Terms constitutes an express declaration that the user is acting in such a professional capacity.

These Terms also apply to any individual who accesses, browses or interacts with the Platform or its services, even without registering or creating an account. By accessing or using any part of the Platform, such individuals agree to be bound by the general obligations and restrictions set forth herein, especially those related to intellectual property, acceptable use, data protection and limitations of liability.

However, such individuals will not be considered Clients or Users as defined in these Terms, and their access does not grant them any right to use the Platform’s services beyond passive browsing or permitted trial functionalities.

By using our platform, you acknowledge that you have read, understood and agreed to comply with these Terms, as well as with applicable laws and regulations. If you use Salescaling on behalf of a company or organization, you confirm that you are authorized to bind that entity to these Terms. Please note that Salescaling may update these Terms periodically to reflect improvements to our platform, changes in legal requirements or other business needs. We will notify you of any material changes, but we recommend you review this document regularly to stay informed of updates.

The Company

• SALESCALING SOFTWARE, S.L.

• C/ Crujiola, 6, Alsaca Building, Tower 2, 5th Floor

• 38530 Candelaria (Santa Cruz de Tenerife)

• Tax ID B19825488

If you have any questions or concerns regarding these Terms, please contact us at [email protected]

Definitions

Throughout these Terms and Conditions, the following terms shall have the meanings described below. These definitions are essential to ensure that users clearly understand the key terms and their application when using the software.

1.1. "Platform"

Refers to the software-as-a-service (SaaS) provided by Salescaling, which enables users to record, transcribe, analyze and generate notes from sales calls and meetings using cloud-based digital tools.

1.2. "Software"

The software provided by Salescaling includes all applications, interfaces, modules and functionalities available on the Platform, whether accessed via a web browser or mobile app. This includes tools for audio recording, automated transcription, conversation analysis, among others.

1.3. "User"

Any person, company or organization that accesses or uses the Salescaling Platform. The term "User" includes both individuals who create an account and those who access the service on behalf of an organization. "Users" may be direct customers, representatives, employees or any other third party authorized to use the Platform.

1.4. "Client"

Refers to the person, company or organization that has entered into an agreement or contract with Salescaling to access the Platform’s services. The Client may have multiple Users who access the Platform under the same account or subscription.

1.5. "Content"

All information, data, audio recordings, text transcriptions, generated notes and other materials created, submitted, stored or transmitted by Users through the Platform. Content includes both recorded call information and the automatic transcriptions and notes generated by Salescaling.

1.6. "User Data"

Any information provided by the User, including registration data, contact information, meeting details and any other relevant data entered into the Platform or collected automatically during the use of the services, such as call recordings.

1.7. "Transcription"

The automated process by which Salescaling converts audio recordings of sales calls into written text using speech recognition technology.

1.8. "Meeting Notes"

The notes automatically generated by Salescaling, based on the analysis of conversations and recorded sales calls. These notes highlight key points, decisions and suggested actions, enhancing meeting productivity.

1.9. "Call Recording"

The Platform functionality that captures and stores the content of sales calls or meetings in digital audio format. These recordings are used for subsequent transcription and analysis.

1.10. "Artificial Intelligence (AI)"

The set of algorithms and machine learning technologies that Salescaling uses to analyze sales calls, identify key points of the conversation, generate automatic transcriptions and create intelligent meeting notes.

1.11. "Access"

Refers to the act of logging in and using the Platform or Software, whether via a web browser, mobile app or any other compatible device.

1.12. "Subscription"

The commercial agreement under which the Client obtains access to the Salescaling Platform based on the terms of a specific payment plan, whether monthly, annual or otherwise.

1.13. "Beta Service"

Beta services mean a product, service or functionality provided by Salescaling that may be optionally available for you to try at no additional cost, clearly designated as beta, pilot, limited release, non-production, early access, evaluation, labs or by a similar description.

1.14. "Third Parties"

Any individual or entity that is not the User or Salescaling but that may interact with the Platform or the Client’s services, such as business partners or the Client’s customers.

1.15. "Privacy Policy"

The document that details how Salescaling collects, uses, stores and protects personal information and User or Client data in accordance with applicable data protection laws.

1.16. "Add-on/s"

Complementary services that may be contracted by the Client in addition to the core services. During the contracting process the Client will be informed about the different Add-on/s and which services are mandatory to subscribe to in order to contract the Add-on/s.

1.17. "SDR Service"

An add-on that allows Clients to automate communications and calls, and schedule new meetings with potential customers through a configurable conversational agent with synthetic voice.

2. Account and Registration

• 2.1 To access the Platform and the Software functionalities, you must register to create a profile and account ("Account"), which will be protected with a password. During registration, you may be asked for specific information, which we will handle in accordance with these Terms. After registration, we will verify your information, confirm ownership and, once validated, provide you access to the Platform.

• 2.2 Your Account is non-transferable, and you are responsible for maintaining the confidentiality of your access credentials and for securing access to your email account. Any activity under your Account is solely your responsibility, including actions carried out by unauthorized users if your credentials are compromised. You must protect your devices and regularly update your Account information to ensure security. Notify us immediately at the contact indicated in Section 15 if you detect unauthorized access or suspicious activity.

• 2.3 Additionally, you may have the option to log in using third-party services, whose use of data will be governed by the privacy policy of the corresponding third party. We may access your Account only to assist you in managing your Account or use of the Software, although you may request us to restrict this access at any time. If we detect suspicious or fraudulent activity, we may suspend your Account to protect your data, notifying you by email until the matter is resolved.

3. Use of the Software and accessibility

3.1. License Grant.

Subject to subscription to one of the plans available during the contracting process, Salescaling grants you a limited, non-exclusive, non-transferable and revocable license to access and use the Platform and the Software solely for your internal business purposes, strictly in accordance with the terms of the subscribed plan, during the term of such subscription, and subject to full payment of the applicable fees. This license may also be limited to the maximum number of authorized users defined in the selected plan pursuant to these Terms.

3.2. User Conduct

You agree to use the Platform and the Software responsibly and in accordance with all applicable laws and regulations. You are responsible for ensuring that your use of the Platform does not infringe third-party rights. The following conduct is strictly prohibited:

• Using the Platform or the Software for illegal or unauthorized purposes.

• Interfering with or disrupting the security, integrity or performance of the Platform.

• Attempting to gain unauthorized access to any part of the Platform, including other users' accounts or systems.

3.3. Use Restrictions

You agree not to:

• License, sublicense, sell, resell, rent, lease, transfer, assign, distribute or commercially exploit the Platform or the Software.

• Use the Platform to store or transmit illegal, harmful content or content that infringes third-party rights.

• Attempt to reverse engineer, decompile, disassemble or otherwise extract the source code of the Software.

• Use automated systems, such as bots or crawlers, to access the Platform or its data without the express written permission of Salescaling.

3.4. Service Availability

Salescaling will use reasonable efforts to ensure that the Platform and the Software are available and operate correctly. However, we do not guarantee uninterrupted or error-free service. Access to the Platform may be temporarily suspended for maintenance, updates or due to factors beyond our control.

3.5. Responsibility for Data

The Client is responsible for the accuracy, quality and legality of the data and content it enters or transmits through the Platform. Salescaling assumes no responsibility for errors, omissions or problems related to data provided by users.

3.6 Compliance with recording laws and consent for storage.

The Client is solely responsible for complying with all applicable recording laws. By using the recording features provided through third-party service providers, the Client grants Salescaling permission to store Call Recordings of any meeting or videoconference in which you participate.

3.7 Retention and storage of Recordings

Salescaling will retain personal data processed on behalf of the Client for as long as necessary to provide the contracted services and during the term of the Client’s active Subscription to the Platform.

After termination or expiration of the Subscription, Salescaling will have the right to delete such data within a period of 30 calendar days, unless the Client requests early deletion or agrees a longer retention period under a separate agreement. Any extended retention may be subject to additional fees, which will be notified in advance. The Client is solely responsible for exporting any recording or related data before its scheduled deletion. Salescaling will not be responsible for loss of data deleted in accordance with this clause.

In accordance with Article 28.3(g) of the General Data Protection Regulation (GDPR), the Client may instruct Salescaling to return or delete all personal data at the end of the provision of services. Depending on the Subscription plan contracted, proportional charges may apply for returning or bulk downloading recordings, which will be communicated and agreed in advance with the User.

3.8 Access and download of Recordings

Access to and downloading of stored Recordings and Transcriptions may be limited to the duration of the active Subscription and to the scope of functionalities included in the selected plan. Salescaling reserves the right to charge additional fees for bulk exports or extended storage, as specified in the applicable pricing table.

3.9 SDR Services

a) Service description

The SDR service is based on generative technology and voice synthesis provided by ElevenLabs, which constitutes a General-Purpose Artificial Intelligence System as defined in Article 3(63) of Regulation (EU) 2024/1689 of the European Parliament and of the Council on Artificial Intelligence ("AI Act").

The SDR does not make sales or business decisions on its own initiative. It executes exclusively the instructions configured by the Client, based on the data and parameters provided by the Client (such as contact numbers, opening messages, call objectives and conversation flow). Under no circumstances does the SDR decide whom to contact or act autonomously beyond such configuration.

b) Actors under the AI Act

• ElevenLabs acts as the provider of the foundational model.

• Salescaling acts as the provider of an integrated general-purpose AI system, under the AI Act, incorporating the model within its SaaS environment.

• The Client acts as the system deployer (Article 3(9) of the AI Act) and is solely responsible for the specific use made of the Agent in the course of its business activity.

c) Configurable SDR functionalities and Client responsibility

The Client acknowledges and agrees that:

• The SDR may record calls only if the Client enables this functionality. In such case, the Client will be responsible for informing interlocutors and obtaining their consent, or for complying with the applicable legal basis, as provided in Section 3.6 of these Terms.

• The SDR may, if configured by the Client, request additional information from the interlocutor during the conversation (for example, confirm name, email address or meeting availability). The Client will be responsible for ensuring that such questions and any subsequent processing of the data comply with data protection regulations and the principles of lawfulness, transparency and data minimization.

• National or European regulations on commercial communications may limit the use of certain numbers or extensions for making automated or promotional calls. In this regard, Salescaling recommends using landline numbers or extensions associated with the Client’s business premises and avoiding the use of personal or unregistered mobile lines.

The Client will be fully responsible for compliance with applicable telecommunications and sector-specific regulations, including those related to advertising opt-out lists or "Robinson Lists", where applicable.

d) Obligations of the client (as system deployer)

As the system deployer, the Client agrees to:

• Use the SDR solely for legal, ethical and professional purposes, and in accordance with Salescaling’s instructions.

• Clearly inform interlocutors that they are interacting with an automated artificial intelligence agent, in accordance with Article 50(1)(a) of the AI Act, and offer them the option to be attended by a human representative. Salescaling has been designed to allow the Client to include such notice and to configure the voice, tone and characteristics of the agent so that the Client can comply with the regulation. Below we propose a short informative notice that can serve as an example to inform end customers of the call: "Hello, this is the virtual assistant of [company name]. This call may be recorded to improve our service."

• Ensure compliance with Law 34/2002 on Information Society Services and Electronic Commerce (LSSI) and the General Data Protection Regulation (GDPR), including obtaining the necessary authorizations and establishing a valid legal basis for data processing and for carrying out automated or commercial communications.

4. Privacy and Data Protection

• 4.1 Salescaling is committed to protecting the privacy and personal data of its users in accordance with the General Data Protection Regulation (Regulation (EU) 2016/679, "GDPR") and any other applicable European legislation.

• 4.2 The contact details of representatives and employees of each Party that may be processed under these Terms will be processed by the other Party only to enable the development, execution and control of the contractual relationship between the Parties. The legal basis for this processing is the performance of the contractual relationship. Such data will be retained during the provision of the services and while necessary to comply with applicable legal obligations or until expiration of any liabilities arising. Each Party may exercise its rights of access, rectification, erasure, restriction, portability and objection by contacting the other Party at the email addresses provided. In case of disagreement, they may file a complaint with the Spanish Data Protection Agency (AEPD) or the competent supervisory authority.

• 4.3 Salescaling collects and processes personal data on behalf of the Client during the provision of the services. This information may include personal data such as names, contact details and job titles, as well as audio and video recordings. The data collected is used primarily to provide our services, including but not limited to integration with third-party CRMs and to improve the user experience through product enhancements.

• 4.4 With respect to the personal data that the Client makes available to Salescaling in connection with the provision of the Services, the user confirms and warrants that:

  • it acts as the Data Controller in accordance with applicable law;

  • it has a valid legal basis for processing such data and for its disclosure and subcontracting to Salescaling for the provision of the Services;

  • it has taken all necessary measures to ensure lawful processing, including informing and, where applicable, obtaining the consent of the data subjects;

  • and it will comply at all times with the applicable provisions of the General Data Protection Regulation (Regulation EU 2016/679 – GDPR) and applicable national laws.

• 4.5 The processing of personal data by Salescaling acting as Data Processor on behalf of the Client is necessary for the correct provision of the services under this agreement. Salescaling will not access, use or process personal data collected or uploaded by the Client for any purpose other than that strictly necessary for the provision of the services described in these Terms and in the applicable Data Processing Agreement (“DPA” hereinafter).

• 4.6 The DPA can be consulted here and is an integral and binding part of the contractual relationship between the Client and Salescaling, and governs the processing of personal data by Salescaling on behalf of the User, in accordance with Article 28 of the GDPR, including, among other elements, a detailed description of the categories of personal data processed, the types of data subjects affected, the nature and purpose of the processing, the categories of recipients (including subprocessors), the technical and organizational security measures implemented by Salescaling and the rights and obligations of the user as Data Controller.

By checking the corresponding box during the registration or account creation process, the Client expressly agrees to be bound by the DPA in its entirety and confirms that it has the authority to act on behalf of the entity it represents. The date and time of acceptance, together with technical records (including IP address and version of the Terms), will serve as proof of the Client’s acceptance of the DPA and these Terms.

• 4.7 For more information related to the processing of personal data by Salescaling visit our Privacy Policy.

5. Intellectual Property Rights

• 5.1. Salescaling and its licensors retain all rights, title and interest in and to the Platform and the Software, including all content, information, materials, code and associated technologies. This includes, but is not limited to, copyrights, patents, trademarks, navigation architecture, databases, services, graphics, videos and any other visual component integral to the app, as well as logos, icons, user interfaces, scripts, texts, images, sounds, music and artistic works (“Our Intellectual Property”).

• 5.2. Except with express prior written consent or as permitted by applicable law, you may not, in whole or in part, copy, distribute, reproduce, adapt, store, transmit, decrypt, print, display, market, perform, publish, create derivative works, offer for sale or otherwise use any part of Our Intellectual Property. Your rights are strictly limited to those expressly granted in these Terms.

• 5.3. You agree not to: circumvent, remove, alter, disable, degrade or undermine any content protection in the Software; use automated means such as robots, spiders or scrapers to access the Software; decompile, reverse engineer or disassemble any software or product accessible through the Software; insert code or manipulate the content of the Software; or employ data mining or extraction methods. In addition, you agree not to upload, post, email or transmit material designed to disrupt, damage or limit the functionality of any software, hardware or telecommunications equipment associated, including viruses or harmful computer code.

• 5.4. Subject to these Terms, you grant us permission to use or disclose any material, content, data and information provided to Salescaling for and during the provision of the services (collectively, “Your Content”) only to the extent necessary for the Software to function or as permitted here. You represent and warrant that: (i) you own or have acquired all necessary rights to submit Your Content to the Platform; and (ii) Your Content does not infringe any applicable law, third-party rights or policies. If Salescaling suspects you are infringing rights or these Terms, we may suspend your access to the Platform and your account.

6. Third-Party Services

• 6.1 If you choose to enable, access or use third-party services together with Salescaling, please note that your access to and use of these third-party services is governed solely by the terms and conditions of those services. Salescaling does not endorse, is not responsible for, nor makes any representations or warranties about any aspect of those third-party services, including their content, how they handle data (including your personal data) or any interaction between you and third-party service providers.

• 6.2 By enabling these services, you acknowledge and agree that Salescaling will not be responsible for damages or losses caused or alleged to be caused by your use of or reliance on such services, including their privacy practices, data security protocols or other policies. You irrevocably waive any claims against Salescaling regarding the use of such third-party services.

• 6.3 In certain cases, you may be required to register or log in directly via these third-party services. By enabling any third-party service, you expressly authorize Salescaling to share the necessary data, including your login credentials and other relevant information, as needed to facilitate the integration with those services.

• 6.4 Salescaling does not assume responsibility for how third parties process or secure your data once shared, and we recommend that you review the privacy policies and terms of those third-party services before using them.

7. Billing, Plans and Payments

• 7.1 Salescaling offers various subscription plans with different features, including but not limited to call recording, transcription services and note-taking functionalities. These plans are available on a monthly or annual basis, with prices and features clearly detailed on our Platform during the registration process. By selecting a subscription plan, you agree to pay the associated fees.

• 7.2 The User agrees to pay the applicable fees promptly, in accordance with the economic terms established between the parties. Such terms may be established by:

  • a specific agreement between the User and Salescaling;

  • any notice or communication exchanged between the parties that expressly sets out such terms; or

  • the online registration and contracting of services by electronic means, including the Platform or other channel made available by Salescaling. In any case, the User acknowledges that registration, activation or use of the services, as well as the express acceptance of these Terms and Conditions, constitute full acceptance of the payment obligations arising from the selected service plan.

• 7.3 Subscription plan payments are billed in advance, either monthly or annually, depending on the chosen plan. Your subscription will automatically renew at the end of each billing cycle unless you cancel it before the renewal date. You authorize Salescaling to charge the applicable subscription fee to the payment method selected for each renewal. If payment is not processed correctly due to expiration, insufficient funds or other reason, Salescaling reserves the right to suspend or terminate your access to the Platform until full payment is received.

• 7.4 Requirements for contracting complementary services: Access to certain Add-ons may be subject to subscription to certain core services. The Client will be informed during the contracting process about the essential services and the different available Add-ons.

• 7.5 If you decide to upgrade your subscription plan or increase the number of authorized users during your subscription period (an "Subscription Upgrade"), any additional charges associated with the upgrade will be prorated during the remaining period of your current subscription. These incremental charges will be applied to your account and will be due immediately after the upgrade is implemented. In any subsequent subscription period, charges will reflect the upgraded plan, including any prior enhancements.

• 7.6 Salescaling reserves the right to modify the prices of its plans at any time. Any price change will be communicated at least 30 days in advance, and the new rates will apply at the start of the next billing cycle. If you disagree with the price changes, you may cancel your subscription before the new terms take effect.

• 7.7 Taxes: All prices shown on the platform are net amounts. Applicable indirect taxes will be added according to the customer’s location and tax status. Salescaling Software, S.L., as a company established in the Canary Islands, is subject to the Canary Islands General Indirect Tax (IGIC) pursuant to Law 20/1991 and other applicable tax regulations.

• 7.8 Customers are responsible for providing valid and up-to-date tax information, including VAT or IGIC numbers where applicable. In absence of sufficient documentation, Salescaling reserves the right to apply the default tax rate according to its jurisdiction. The customer acknowledges and agrees that any tax, duty or charge arising in its jurisdiction in relation to the use of Salescaling services will be its sole responsibility.

8. User Responsibility

• 8.1 By using Salescaling’s services, you agree to comply with all laws, regulations and these Terms and Conditions. The user, as data controller of personal data, will be solely responsible for ensuring that any processing of personal data carried out through Salescaling is based on a valid legal basis pursuant to Article 6 of Regulation (EU) 2016/679 (GDPR), with respect to any natural person whose data is processed, including employees, staff, clients, end users or other individuals on whom the user acts as controller.

In particular, the controller declares and warrants that, when using functionalities that involve recording, transcribing or analyzing conversations (including video calls, voice calls or recorded meetings), it has duly informed the data subjects and, where required, obtained their explicit consent, or that the processing is based on another valid legal basis such as contract performance, compliance with a legal obligation or legitimate interest.

You acknowledge that recording calls without the necessary consent may be illegal in certain jurisdictions, and it is your responsibility to determine and comply with the legal requirements of your location and intended use. The controller will indemnify Salescaling, as processor, against any claim, sanction or damage arising from the use of Salescaling without a valid legal basis or from non-compliance with GDPR requirements.

• 8.2 You must ensure that any content, including call recordings, notes and other information stored on the Salescaling platform, does not violate third-party rights or contain illegal, harmful or defamatory material. Salescaling reserves the right to remove or restrict access to content that it deems, in its sole discretion, to violate these Terms or to be harmful to our services or users.

• 8.3 To maintain the security of your account, you agree to keep your access credentials confidential and to notify Salescaling immediately if you suspect unauthorized use. Any activity performed under your account is your responsibility, and you will be liable for losses or damages resulting from misuse or negligence.

• 8.4 Misuse of Salescaling’s services, including attempts to access unauthorized data, interference with other users’ accounts or compromising the integrity of the platform, may result in immediate suspension or termination of your access to the service. Salescaling reserves the right to take legal action for any misuse that violates these Terms and Conditions or applicable law.

• 8.5 The Client acknowledges and agrees that the use of the SDR service, as described in Section 3.9 of these Terms, involves the use of a general-purpose artificial intelligence system integrated into the Platform, whose configuration and practical implementation depend exclusively on the Client. Consequently:

  a) The Client will be solely responsible for the configuration and use of the SDR, including the contact data shared by the Client, the instructions provided, the messages used and the communication decisions made through the system.

  b) Salescaling will not be responsible for the decisions, interactions or outcomes generated by the SDR that result from the information, data or instructions supplied by the Client, nor for breaches that may arise in relation to personal data protection laws, electronic commerce and commercial communication or other applicable legislation.

• 8.6 The User agrees to pay the agreed price for the services described in these Terms and Conditions in the manner and within the timeframe specified. In the event of non-payment of any monthly fee or agreed amount on the due date, Salescaling may suspend access to the services and restrict the use of the platform without prior notice or demand, until full payment is received.

Furthermore, if non-payment persists for more than 15 calendar days, Salescaling may terminate the contract with immediate effect by written communication to the User, without the need for prior notice.

Salescaling will be entitled to claim, from the day following the due date, late payment interest at the legal rate applicable to commercial transactions, pursuant to Directive 2011/7/EU and national legislation (including, where applicable, Spanish Law 3/2004, of December 29). The applicable rate will be that published semiannually by the European Central Bank plus the legal margin established.

This is without prejudice to other rights, remedies or claims available to Salescaling, including full recovery of outstanding fees, accrued interest and reasonable collection costs.

9. Suspension and Termination of Service

• 9.1. The Client or Salescaling may choose to terminate the Client’s Account and Service subscription at the end of the then-current Subscription period by giving written notice at least thirty (30) days before the end of the period or by canceling the Subscription directly through the Platform, when this functionality is available.

If termination is not notified, the subscription will automatically renew for a period equivalent to the expiring term. Unless otherwise agreed, subscription charges for any renewal will reflect Salescaling’s then-current standard rates at the start of the renewed period.

• 9.2 No refunds, credits or prorated amounts will be issued if the Client decides to terminate the Service or cancel the Account before the end of the active Subscription period. After termination or cancellation, Salescaling reserves the right to delete all Client Data in accordance with its data retention policy and these Terms. Once deleted, the Client Data cannot be recovered.

• 9.3 If the Client terminates the Service or cancels the Account before the Subscription period expires, or if Salescaling terminates the account pursuant to Section 9.4, the Client must immediately pay the outstanding subscription charges associated with the remaining period.

• 9.4 Salescaling reserves the right to modify, suspend or terminate access to the Service, the Client’s Account or the rights of any user and end user to access the Service if:

  • Breach of Terms: Salescaling reasonably believes that the Client or its users have breached these Terms and Conditions.

  • Security or Service Integrity Risks: Salescaling detects activities that endanger the Service’s security, data integrity or overall stability of Salescaling’s operations.

  • Suspicious Activity: Suspected fraudulent, abusive or illegal activities, which may also be reported to the authorities at Salescaling’s sole discretion.

Salescaling will use commercially reasonable efforts to notify the Client by email before taking such actions, unless prohibited by law. Salescaling will not be liable to the Client, its users or third parties for modification, suspension or termination of Service rights.

• 9.5 After suspension or termination of the Service, the following conditions will apply:

  • Data Access: Salescaling may retain or delete Client Data in accordance with the Data Processing Agreement (DPA) and retention policies. Deleted data cannot be restored.

  • Outstanding Charges: The Client remains responsible for any fees outstanding at the time of termination.

  • Reactivation: If the Client’s Service is suspended rather than terminated, Salescaling may restore access once the Client resolves the issues that caused the suspension. Salescaling reserves the right to impose reactivation fees or additional conditions.

10. Limitation of Liability

• 10.1 Salescaling disclaims all express or implied warranties, including but not limited to implied warranties of accuracy, fitness for purpose, availability, completeness or reliability. Salescaling will not be liable, contractually or otherwise, for direct or indirect damages, including loss of business, revenue, profits, data or other intangible losses arising from your access to or use of the Software, or reliance on its content.

• 10.2 Salescaling does not guarantee the accuracy, completeness or timeliness of information provided by end users or recorded through calls between Clients and end users. Any reliance placed on such information is at your own risk, and Salescaling disclaims all liability arising from such reliance by you or third parties who may access this content.

• 10.3 Salescaling does not warrant that the Software will meet your expectations, be uninterrupted, secure or error-free, nor that data provided will be stored securely at all times.

• 10.4 Salescaling is not responsible for the content, data or conduct of third parties, including linked sites or third-party products and services used together with the Software. You release Salescaling and its affiliates from any claim or damage, known or unknown, related to interactions or claims with third parties. No information, oral or written, obtained from Salescaling constitutes a warranty not expressly set forth herein.

• 10.5 You acknowledge that using the Software does not transfer responsibility for managing your call center services. You are solely responsible for ensuring compliance with applicable data protection laws in your operations.

• 10.6 Account Suspension or Termination Salescaling will not be liable for losses incurred if you use the Software in violation of these Terms, whether or not Salescaling terminates or suspends your account.

• 10.7 The total liability of Salescaling, whether in contract, warranty, tort or otherwise, arising out of your use or inability to use the Software, will not exceed the amount paid by you to Salescaling in the month immediately preceding the claim or €100, whichever is lower. Where applicable law limits these restrictions, Salescaling’s liability will be limited to the maximum permitted. No claim may be brought against Salescaling more than one (1) year after the issue alleged was discovered or occurred.

11. Warranties and Disclaimers

Salescaling provides the Software "as is" and "as available", without any express or implied warranties of any kind. To the fullest extent permitted by law, Salescaling disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose and non-infringement. Salescaling does not warrant that the Software will meet your requirements, operate without interruption or be free of errors or harmful components. Any reliance on the Software is at your own risk, and Salescaling does not guarantee the accuracy, reliability or completeness of the information or content provided.

12. Miscellaneous

• 12.1 Entire Agreement: These Terms and any applicable Service Agreement constitute the entire agreement between Salescaling and you with respect to the use of the Software, superseding any prior agreement or communication.

• 12.2 Modification of terms: Salescaling reserves the right to modify, add to or remove parts of these Terms at any time. We will provide prior notice of any change, where reasonably possible, by notification via email. We encourage users to review these Terms periodically on the Platform to stay informed of any updates that may affect the use of our services. If you do not agree with the amended Terms, you should stop accessing the platform and using the software. Continued use of Salescaling after any change will mean your acceptance of the revised Terms.

• 12.3 Governing Law: These Terms, together with the Privacy Policy and Cookie Policy, and any access to or use of the Platform and Software, are governed exclusively by the laws of Spain, excluding any conflict of law principles that would require the application of the laws of another jurisdiction. Any dispute, claim or controversy arising out of or related to these Terms, including the Privacy Policy and Cookie Policy, or connected to access to or use of the Platform and Software, will be resolved in the courts of Madrid, Spain.

13. Acceptance

The Parties agree that they may use a simple electronic signature to sign these Terms and Conditions and, accordingly, accept and acknowledge that the use of a simple electronic signature will have the same validity as a handwritten signature on paper for their execution.

14. Notices

Notices:

All notices, requests and other communications related to these Terms and Conditions will be provided by Salescaling by one of the following methods: (i) a notice within the platform, (ii) an email sent to the address you provided during registration, or (iii) any other contact information you have provided to Salescaling.

Salescaling’s notices will be deemed effective immediately when posted within the platform, or twenty-four (24) hours after being sent by email, unless the notice specifies a later effective date. It is your responsibility to ensure that Salescaling has up-to-date contact information, including a valid email address.