# Terms of Service **LeadEvoke — AI Voice Workflows for Revenue Recovery** Version: **1.0** Language: English (authoritative version for Customers whose onboarding locale is English) Effective: upon electronic acceptance by the Customer, recorded in the platform's onboarding records. --- ## 1. Who we are and what these Terms cover 1.1 The LeadEvoke platform (the "**Platform**") is operated by **CR OÜ**, a private limited company incorporated under the laws of Estonia, registry code 16936108, with its registered office in Tallinn, Estonia ("**LeadEvoke**", "**we**", "**us**"). 1.2 These Terms of Service (the "**Terms**") govern the access to and use of the Platform by the business customer that registers an account (the "**Customer**", "**you**"). The Platform is a **business-to-business service**. By accepting these Terms you represent that you are acting in the course of a trade, business or profession, and that the person accepting is authorised to bind the Customer. 1.3 The **Data Processing Addendum** ("**DPA**"), accepted during onboarding and available at `https://leadevoke.com/legal/dpa-en.html`, forms an integral part of these Terms. In case of conflict regarding the processing of personal data, the DPA prevails. ## 2. The Service 2.1 The Platform provides AI-voice outbound and inbound calling workflows: it contacts, on the Customer's instruction, sales leads uploaded by the Customer (each a "**Lead**"), qualifies remaining interest, books appointments, confirms and verifies them, and reports outcomes (the "**Service**"). 2.2 The voice conversations are conducted by an automated artificial-intelligence assistant (the "**AI Assistant**") configured with the Customer's brand name, product description, tone and FAQ during onboarding. The AI Assistant identifies itself as a virtual assistant during calls. 2.3 The Service is provided on an "as configured" basis: the Customer reviews and approves its AI Assistant (including through a test call) before real calls are placed. LeadEvoke may also perform an internal quality review before releasing an AI Assistant. 2.4 We may modify, add or discontinue features of the Platform, provided that modifications do not materially reduce the core functionality paid for during a subscription period already invoiced. ## 3. Accounts and eligibility 3.1 Registration requires a valid business email address. Access is passwordless (magic link) or via credentials; the Customer is responsible for the security of its mailbox and credentials and for all activity under its account. 3.2 You must be at least 18 years old and legally capable of entering into contracts. The Service may not be used by consumers. 3.3 We may refuse, suspend or reject a registration or an onboarding at our reasonable discretion, in particular where registration data appears inaccurate, fraudulent or abusive, or where the intended use appears to violate Section 6 (Communications Compliance). ## 4. Free trial 4.1 New Customers may receive a free trial (currently up to 20 real calls) without payment details. Trial scope, duration and limits may change at any time and have no cash value. 4.2 Trial calls are placed only after (i) the Customer has accepted these Terms and the DPA, (ii) the Customer has declared the legal basis for contacting the uploaded Leads (DPA, Annex D), (iii) LeadEvoke has completed its internal quality review, and (iv) the Customer has approved the test call. LeadEvoke may reject any trial at its discretion, including after provisioning. 4.3 Trials are for genuine evaluation by a real business. Uploading fabricated, purchased-without-consent, or third-party numbers for which the Customer has no lawful basis is a material breach and leads to immediate termination. ## 5. Subscriptions, credits, billing 5.1 Paid plans, included call volumes, overage credit packs and prices are those displayed on the pricing page at the time of purchase, or as separately agreed in writing. Prices are exclusive of applicable taxes (VAT, sales tax), which are added where required by law. 5.2 Payments are processed by **Stripe**. Subscriptions renew automatically for successive periods equal to the initial period unless cancelled before renewal from the dashboard or by written notice. Cancellation takes effect at the end of the current billing period; periods already started are not refunded. 5.3 Call credits and included volumes expire as stated at purchase and are not redeemable for cash. 5.4 Where an outcome-based component applies (e.g. billing per verified appointment), only outcomes marked billable after the dispute window stated in the plan are invoiced. Disputes on individual outcomes must be raised within the dispute window through the dashboard. 5.5 If a payment fails, we may suspend the Service after notice and a reasonable cure period. We may recover reasonable collection costs for undisputed unpaid amounts. ## 6. Communications compliance (IMPORTANT) **This Section is central to the Service. Read it carefully.** 6.1 **Customer is the initiator.** All calls and messages are placed on the Customer's behalf and on the Customer's instruction, to Leads selected and uploaded by the Customer. As between the parties, the Customer is the "seller" and/or the party that "makes" or "initiates" the calls for the purposes of telemarketing laws, including — for United States campaigns — the Telephone Consumer Protection Act (47 U.S.C. § 227, "**TCPA**"), the FCC rules thereunder (47 C.F.R. § 64.1200), the FTC Telemarketing Sales Rule (16 C.F.R. Part 310, "**TSR**") and applicable state telemarketing, call-recording and AI-disclosure statutes. 6.2 **Consent warranty.** For every Lead uploaded, the Customer represents and warrants that it possesses, and will retain evidence of, the legal basis it declares at import (DPA, Annex D). For calls to United States numbers using an artificial or prerecorded voice or AI-generated voice, the required standard is **prior express written consent (PEWC)** of the called party covering automated/AI-voice calls by or on behalf of the Customer, unless a statutory exemption clearly applies. Consent language, capture, scope and retention are the Customer's sole responsibility. 6.3 **Do-not-call.** The Customer is responsible for scrubbing its Leads against the National Do Not Call Registry and applicable state registries, and against the Customer's own internal do-not-call list, before upload, except where the Customer has a documented exemption (e.g. existing business relationship where applicable, or PEWC). LeadEvoke maintains its own suppression list from in-call opt-outs and honours it automatically. 6.4 **Platform safeguards.** LeadEvoke enforces at platform level: statutory calling windows in the Lead's own time zone; per-Lead attempt caps; automated opt-out capture ("do not call me again" is honoured immediately and permanently); AI self-identification at call start; blocking of numbers on the platform suppression list. These safeguards are a technical aid and **do not transfer or reduce the Customer's legal responsibility** under Sections 6.1–6.3. 6.5 **Call recording.** Calls are recorded and transcribed to provide the Service (quality review, transcripts, reporting). Several U.S. states require all-party consent for recording. The Customer instructs recording as controller and must ensure the lawfulness of recording for the numbers it uploads. On written request LeadEvoke will disable recording for the Customer's account where technically feasible. 6.6 **Prohibited campaigns.** The Service may not be used for: cold calls to numbers with no prior relationship or consent; robocall spam; calls to emergency lines or healthcare-critical lines; debt-collection harassment; political robocalls; deceptive or fraudulent solicitations; caller-ID spoofing; scraping or purchasing of consumer lists without valid consent chains; any use that would make LeadEvoke a facilitator of unlawful telemarketing. 6.7 **Verification and suspension.** LeadEvoke may request evidence of consent for any batch at any time and may suspend calling — in whole or per batch — where it reasonably suspects a breach of this Section, without liability for the suspension. 6.8 **Indemnity.** The Customer shall defend, indemnify and hold harmless LeadEvoke, its officers and suppliers from and against any third-party claim, regulatory investigation, fine, damage award (including statutory damages per call), settlement and reasonable defence costs arising out of (i) the Customer's breach of this Section 6, (ii) inaccuracy of an Annex D declaration, or (iii) content or instructions supplied by the Customer. ## 7. Customer content and data 7.1 The Customer retains all rights in the Lead data, brand assets, product descriptions and FAQs it uploads ("**Customer Content**"). The Customer grants LeadEvoke a non-exclusive licence to host and process Customer Content strictly to provide the Service, as further governed by the DPA. 7.2 The Customer is responsible for the accuracy and lawfulness of Customer Content. We may remove content that is unlawful or infringes third-party rights. 7.3 Call recordings, transcripts and outcome data are made available to the Customer in the dashboard and are retained and deleted per the DPA retention terms. ## 8. Acceptable use of the Platform The Customer shall not: (a) reverse engineer, resell or white-label the Platform except under a separate written partner agreement; (b) probe or breach security controls; (c) use the Platform to develop a competing product; (d) exceed reasonable API usage or circumvent technical limits; (e) upload malware or unlawful content; (f) misrepresent its identity or impersonate another business. ## 9. Intellectual property The Platform, including its software, AI prompt engineering, vertical knowledge packs, designs and documentation, is and remains the exclusive property of LeadEvoke or its licensors. No rights are granted except the limited right to use the Service under these Terms. ## 10. Third-party services The Service depends on third-party providers (telephony carriers, speech-to-text, large-language-model and text-to-speech providers, hosting, email, payments) listed in the DPA (Annex C). LeadEvoke is not responsible for outages attributable to such providers or to carriers of the called party, but will use commercially reasonable efforts to mitigate and, where an outage materially affects a paid volume, will credit the affected calls. ## 11. Warranties and disclaimers 11.1 We warrant that the Service will be provided with reasonable skill and care. 11.2 **No outcome warranty.** LeadEvoke does not warrant any conversion rate, answer rate, booking rate or revenue outcome. AI-generated conversation is probabilistic; occasional imperfect responses are inherent to the technology and do not constitute a defect. 11.3 Except as expressly stated, the Service is provided "**as is**" and all implied warranties (merchantability, fitness for a particular purpose, non-infringement) are disclaimed to the maximum extent permitted by law. ## 12. Limitation of liability 12.1 Nothing in these Terms excludes liability for wilful misconduct, gross negligence, death or personal injury, or any liability that cannot be excluded by law. 12.2 Subject to 12.1, LeadEvoke's aggregate liability arising out of or in connection with the Service in any 12-month period shall not exceed the **fees paid by the Customer for the Service in that period**. LeadEvoke shall not be liable for indirect or consequential loss, loss of profits, loss of business, loss of data (other than caused by breach of the DPA), or regulatory fines imposed on the Customer. 12.3 The Customer acknowledges that the caps in this Section are a fair allocation of risk given that call targeting and consent rest solely with the Customer (Section 6). ## 13. Term, suspension and termination 13.1 These Terms apply from acceptance until the account is closed. 13.2 Either party may terminate for convenience at the end of the current billing period. Either party may terminate immediately for material breach not cured within 14 days of notice; breach of Section 6 entitles LeadEvoke to immediate termination without cure period. 13.3 Upon termination: outstanding fees become due; calling stops; the Customer may export its data from the dashboard for 30 days, after which data is deleted per the DPA. ## 14. Changes to these Terms We may update these Terms with at least 30 days' notice by email or dashboard notice for material changes. Continued use after the effective date constitutes acceptance. If the Customer objects to a material adverse change, it may terminate with effect from the change date and receive a pro-rata refund of prepaid unused fees. ## 15. Governing law and disputes 15.1 These Terms are governed by the laws of **Estonia**, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods. 15.2 The courts of **Harju County (Tallinn), Estonia** have exclusive jurisdiction. Before commencing proceedings, the parties will attempt in good faith to resolve any dispute through negotiation for 30 days. 15.3 Mandatory consumer-protection rules do not apply, the Service being strictly B2B. ## 16. Miscellaneous 16.1 **Notices**: to LeadEvoke at `legal@leadevoke.com`; to the Customer at the account email. 16.2 **Assignment**: the Customer may not assign these Terms without consent; LeadEvoke may assign to an affiliate or in connection with a merger or sale of assets. 16.3 **Force majeure**: neither party is liable for failure caused by events beyond reasonable control. 16.4 **Severability**: invalid provisions are replaced by valid ones closest to the parties' intent. 16.5 **Entire agreement**: these Terms, the DPA and the order/pricing accepted in the dashboard are the entire agreement and supersede prior discussions. 16.6 **Language**: for Customers onboarded in English, this English version is authoritative. --- *Questions: `legal@leadevoke.com` · Privacy: `privacy@leadevoke.com` · DPA: https://leadevoke.com/legal/dpa-en.html*