> For the complete documentation index, see [llms.txt](https://docs.salescaling.com/llms.txt). Markdown versions of documentation pages are available by appending `.md` to page URLs; this page is available as [Markdown](https://docs.salescaling.com/en/compliance-and-legal/terminos-condiciones.md). # 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 platform ("SaaS"), which provides an end-to-end solution for recording, transcribing, and generating 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 companies, professionals, and organizations (hereinafter, the “Client” or “User”) acting within the scope of their commercial, business, or professional activity. Accordingly, 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 statement that the user is acting in such 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 relating to intellectual property, acceptable use, data protection, and limitations of liability. However, such individuals shall 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 applicable laws and regulations. If you use Salescaling on behalf of a company or organization, you confirm that you are authorized to bind such 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 inform you of any significant changes, but we recommend reviewing this document regularly to stay informed of updates. ## The Company * SALESCALING SOFTWARE, S.L. * C/ Crujiola, 6, Alsaca Building, Tower 2, Floor 5 * 38530 Candelaria (Santa Cruz de Tenerife) * Tax ID B19825488 If you have any questions or concerns regarding these Terms, please contact us at ## 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 allows users to record, transcribe, analyze, and generate notes for sales calls and meetings using digital and cloud-based tools. ### 1.2. "Software" The software provided by Salescaling includes all applications, interfaces, modules, and functionalities available on the Platform, whether accessed through a web browser or mobile application. 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 accessing 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 transcriptions and automatic 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 automatically collected during 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" Automatically generated notes by Salescaling, based on the analysis of conversations and recorded sales calls. These notes highlight key points, decisions, and suggested actions, improving 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 machine learning algorithms and technologies that Salescaling uses to analyze sales calls, identify key conversation points, generate automatic transcriptions, and create smart meeting notes. ### 1.11. "Access" Refers to the act of logging in and using the Platform or Software, whether through a web browser, mobile application, 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 paid plan, whether monthly, annual, or otherwise. ### 1.13. "Beta Service" Beta services mean a product, service, or functionality provided by Salescaling that may be made available for you to optionally test 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 other than the User or Salescaling that may interact with the Platform or the Client’s services, such as the Client’s business partners or customers. ### 1.15. "Privacy Policy" The document detailing 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 together with the basic services. During the contracting process, the Client will be informed about the different Add-on/s and which services are mandatory subscriptions in order to contract the Add-on/s. ### 1.17. "SDR Service" Add-on that allows Clients to automate communications and calls, and schedule new meetings with prospects through a configurable conversational agent with synthetic voice. ## 2. Account and Registration * 2.1 To access the Platform and the Software’s 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 keeping your access credentials confidential and ensuring access to your email account. Any activity under your Account is solely your responsibility, including actions taken 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 In addition, you may have the option to log in through third-party services, whose use of data will be governed by the privacy policy of the relevant third party. We may access your Account solely to assist you in managing your Account or using the Software, although you may request that we 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. Grant of License. Subject to subscription to one of the available plans during the contracting process, Salescaling grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Platform and Software solely for your internal business purposes, strictly in accordance with the terms of the subscribed plan, for the duration of such subscription, and subject to full compliance with the corresponding payment obligations. This license may also be limited to the maximum number of authorized users defined in the selected plan under these Terms. ### 3.2. User Conduct You agree to use the Platform and 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 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 Software. * Use the Platform to store or transmit illegal, harmful content, or content that violates third-party rights. * Attempt to reverse engineer, decompile, disassemble, or otherwise extract the Software’s source code. * Use automated systems, such as bots or crawlers, to access the Platform or its data without Salescaling’s express written permission. ### 3.4. Service Availability Salescaling will make reasonable efforts to ensure that the Platform and Software are available and operate properly. 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 that it enters or transmits through the Platform. Salescaling assumes no responsibility for errors, omissions, or issues 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 the personal data processed on behalf of the Client as long as necessary to provide the contracted services and for the duration of the Client’s active Subscription to the Platform. Upon termination or expiration of the Subscription, Salescaling shall be entitled to delete such data within a period of 30 calendar days, unless the Client requests early deletion or agrees to an extended 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 shall not be liable for the loss of data deleted pursuant to 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 the services. Depending on the contracted Subscription plan, proportional charges may apply for the return or bulk download of recordings, which will be communicated and agreed in advance with the User. ### 3.8 Access to and download of Recordings Access to and download of stored Recordings and Transcriptions may be limited to the duration of the active Subscription and the scope of the features 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 commercial 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 foundation model. * Salescaling acts as the provider of a general-purpose integrated 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 that case, the Client shall be responsible for informing the 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, confirming the name, email address, or meeting availability). The Client shall 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 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 shall be fully responsible for compliance with applicable telecommunications and sector-specific regulations, including those relating to advertising exclusion lists or "Robinson Lists," where applicable. #### d) Client obligations (as system deployer) As the system deployer, the Client undertakes to: * Use the SDR solely for lawful, 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 of being assisted by a human representative. Salescaling has been designed to allow the Client to include the aforementioned notice and to configure the voice, tone, and characteristics of the agent in such a way that the Client can comply with the regulations. Below we propose a short informational notice that may serve as an example to inform end callers: "Hello, this is the virtual assistant of \[company name]. This call may be recorded to improve our service". * Ensure compliance with Spanish 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 the making of 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 the representatives and employees of each Party that may be processed under these Terms shall be processed by the other Party solely to enable the development, performance, and control of the contractual relationship between the Parties. The legal basis for this processing is the performance of the contractual relationship. Such data shall be retained during the provision of the services and for as long as necessary to comply with applicable legal obligations or until any resulting liabilities expire. 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 the event 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 CRM systems and improving 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: * acts as the Data Controller in accordance with applicable law; * has a valid legal basis for processing such data and for its disclosure and outsourcing to Salescaling for the provision of the Services; * has taken all necessary measures to ensure lawful processing, including informing and, where applicable, obtaining the consent of the data subjects; * and will comply at all times with the applicable provisions of the General Data Protection Regulation (EU Regulation 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 proper 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 (hereinafter, the “DPA”). * 4.6 The DPA can be consulted [here](/en/compliance-and-legal/procesamiento-datos.md) and forms 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, pursuant to 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 sub-processors), 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), shall 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, please visit our [Privacy Policy](/en/compliance-and-legal/privacidad.md). ## 5. Intellectual Property Rights * 5.1. Salescaling and its licensors retain all rights, title, and interest in and to the Platform and Software, including all associated content, information, materials, code, and 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. Unless expressly agreed in writing or permitted by applicable law, you may not, in whole or in part, copy, distribute, reproduce, adapt, store, transmit, decrypt, print, display, commercialize, 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: bypass, 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 Software’s content; or use any data mining or extraction methods. In addition, you agree not to upload, post, email, or transmit material designed to interrupt, damage, or limit the functionality of any associated software, hardware, or telecommunications equipment, 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 otherwise permitted herein. You represent and warrant that: (i) you own or have obtained 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 that you are violating 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 in conjunction with Salescaling, please note that your access to and use of such third-party services is governed exclusively by the terms and conditions of those services. Salescaling does not endorse, is not responsible for, and makes no representations or warranties regarding any aspect of these third-party services, including their content, how they handle data (including your personal data), or any interactions between you and the third-party service providers. * 6.2 By enabling these services, you acknowledge and agree that Salescaling shall not be liable for any damage or loss caused or allegedly caused by your use of or reliance on these services, including their privacy practices, data security protocols, or other policies. You irrevocably waive any claim 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 through 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 use of the integration with these services. * 6.4 Salescaling assumes no responsibility for how third parties process or secure your data once shared, and we recommend that you review the privacy policies and terms of these third-party services before using them. ## 7. Billing, Plans, and Payments * 7.1 Salescaling offers several 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 pricing 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 undertakes to pay the applicable fees on time, in accordance with the financial terms established between the parties. Such terms may be established through: * a specific agreement between the User and Salescaling; * any notice or communication exchanged between the parties expressly setting out such terms; or * the online registration and contracting of services by telematic means, including through the Platform or another channel made available by Salescaling.\ In any case, the User acknowledges that the registration, activation, or use of the services, as well as the express acceptance of these Terms and Conditions, constitutes 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 plan chosen. Your subscription will automatically renew at the end of each billing cycle unless you cancel before the renewal date. You authorize Salescaling to charge the applicable subscription fee to the selected payment method for each renewal. If payment is not successfully processed due to expiration, insufficient funds, or another 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 subscribing to certain basic services. The Client will be informed during the contracting process about the essential services and the different Add-ons available. * 7.5 If you decide to upgrade your subscription plan or increase the number of authorized users during your subscription period (a "Subscription Upgrade"), any additional charges associated with the upgrade will be prorated over the remaining period of your current subscription. These incremental charges will be applied to your account and will be due immediately upon implementation of the upgrade. In any subsequent subscription period, the charges will reflect the upgraded plan, including any prior improvements. * 7.6 Salescaling reserves the right to modify the fees for its plans at any time. Any price changes will be communicated at least 30 days in advance, and the new fees will apply at the start of the next billing cycle. If you do not agree with the fee 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 based on 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) in accordance with 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 the 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 connection with the use of Salescaling’s services shall 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, shall 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, customers, end users, or other individuals for whom the user acts as controller. In particular, the controller declares and warrants that, when using features involving the recording, transcription, or analysis of 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 performance of a contract, 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 shall hold Salescaling, as data processor, harmless from any claim, sanction, or damage arising from the use of Salescaling without a valid legal basis or from failure to comply 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 carried out 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, interfere with other users’ accounts, or compromise 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 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 solely on the Client. Accordingly: a) The Client shall 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 shall 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 any non-compliance that may arise in relation to personal data protection, e-commerce, and commercial communications laws 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 specified manner and within the specified time. In the event of non-payment of any monthly fee or agreed amount by the due date, Salescaling may suspend access to the services and restrict use of the platform without prior notice or demand, until full payment is received. In addition, if non-payment persists for more than 15 calendar days, Salescaling may terminate the agreement with immediate effect by written notice to the User, without the need for prior notice. Salescaling shall be entitled to claim, from the day following the due date, late payment interest at the legal rate applicable to commercial transactions, in accordance with Directive 2011/7/EU and national legislation (including, where applicable, Spanish Law 3/2004 of December 29). The applicable rate shall be the one published semiannually by the European Central Bank plus the established statutory margin. This is without prejudice to any other rights, remedies, or claims available to Salescaling, including full recovery of outstanding fees, accrued interest, and reasonable collection costs. ## 9. Service Suspension and Termination * 9.1. The Client or Salescaling may choose to terminate the Client’s Account and Service subscription at the end of the 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, where this functionality is available. If termination is not notified, the subscription will automatically renew for a period equal 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. Upon termination or cancellation, Salescaling reserves the right to delete all Client Data in accordance with its data retention policy and these Terms. Once deleted, 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 shall immediately pay any 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. * Service Security or Integrity Risks: Salescaling detects activities that jeopardize the security of the Service, data integrity, or the 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 make commercially reasonable efforts to notify the Client by email before taking such actions, unless prohibited by law. Salescaling shall not be liable to the Client, its users, or third parties for modification, suspension, or termination of Service rights. * 9.5 Upon suspension or termination of the Service, the following conditions shall 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 outstanding fees 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, availability, completeness, or reliability. Salescaling shall not be liable, in contract or in tort, 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 from reliance on its content. * 10.2 Salescaling does not warrant 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 by third parties who may access this content. * 10.3 Salescaling does not guarantee that the Software will meet your expectations, be uninterrupted, secure, or error-free, or that the 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 and all claims or damages, 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 use of 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 Suspension or Termination of Account\ Salescaling shall not be liable for losses incurred if you use the Software in violation of these Terms, regardless of whether Salescaling terminates or suspends your account. * 10.7 Salescaling’s total liability, whether in contract, warranty, tort, or otherwise, arising from your use or inability to use the Software, shall 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 shall be limited to the maximum extent permitted. No claim may be brought against Salescaling more than one (1) year after the alleged problem 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 from 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 regarding 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 changes, whenever reasonably possible, by email notification. 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 modified Terms, you must stop accessing the platform and using the software. Continued use of Salescaling after any changes 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, shall be governed exclusively by the laws of Spain, excluding any conflict-of-laws principles that would require the application of the laws of another jurisdiction. Any dispute, claim, or controversy arising from or related to these Terms, including the Privacy Policy and Cookie Policy, or connected with access to or use of the Platform and Software, shall 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 shall have the same validity as a handwritten signature on paper for the execution thereof. ## 14. Notices Notices: All notices, requests, and other communications related to these Terms and Conditions shall 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 notices shall be deemed effective immediately upon being posted within the platform, or twenty-four (24) hours after being sent by email, unless the notice specifies a later effective date. 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