This is a preliminary translation. The Portuguese version is authoritative. For questions, contact us at legal@talkover.ai.
1. Subject Matter
These Terms of Use govern access to and use of the Talkover platform, offered as Software as a Service (SaaS), enabling automated telephone calls via artificial intelligence (AI), with features such as recording, transcription, intelligent routing, calendar and API integrations, interaction analysis and event tracking.
2. Acceptance and Scope
By using Talkover, users accept these Terms together with the Privacy Policy, Cookie Policy, Retention and Disposal Policy, Data Processing Agreement (DPA) and applicable Recording Consent Terms.
3. Contractual Definitions
- Customer: Individual or legal entity that contracts the platform
- Authorized User: Person designated to access and operate the platform
- Data Subject: Natural person whose data may be processed via interaction with the platform
- Personal Data: Information relating to an identified or identifiable natural person
- Controller: Customer company that determines what data to collect and how to use it
- Processor: Talkover, processing data on behalf of the customer
- Sub-Processor: Company contracted by the Processor to assist with data processing
- Supplier: Entity that provides services without direct access to personal data
4. Talkover's Obligations
- Provide access to the platform according to the contracted plan
- Implement technical and administrative protection measures
- Act strictly as a processor without defining processing purposes
- Contract sub-processors with standards equivalent to LGPD/GDPR
- Ensure data integrity, confidentiality and traceability
- Implement integrations in accordance with specific API policies
- Comply with Google API Limited Use requirements
5. Customer's Obligations
The customer acknowledges:
- Acting as the data controller
- Responsibility for obtaining lawful consent from data subjects
- Must inform users and customers about AI, recordings and automations
- Responsible for any improper or unauthorized use of the platform
- Must maintain confidentiality of credentials and the platform environment
6. Sub-Processors and Third Parties
Talkover uses sub-processors for:
- High-availability cloud storage for recordings and data
- Automatic voice processing and call transcription
- VoIP call routing and execution
- Platform integrity monitoring and security surveillance
- Backups and disaster recovery strategies
- Event synchronization via Google Calendar API
- Automated report and statistics generation
- Automatic notifications and transactional messages
All suppliers are contractually bound to security, confidentiality and applicable legal compliance.
7. Recordings, Transcriptions and Automated Decisions
Automated inbound and outbound calls may be recorded and transcribed.
The use of recordings is governed by the Recording Consent Terms and applicable legislation.
Automated decisions are solely intended to optimize operational routines and do not replace human decisions.
The customer is responsible for validating legality in their territory.
8. Intellectual Property
Talkover holds rights over the software, algorithms, infrastructure, brand, workflows, technical documents, interface and components of the solution. Reproduction or reverse engineering is prohibited.
9. Confidentiality
Both parties undertake to maintain the confidentiality of technical, commercial, operational and strategic information accessed through the contractual relationship.
10. Suspension and Termination
Talkover may suspend or terminate access to the platform for:
- Breach of contract
- Violations of legislation or these Terms
- Risk to platform security or processed data
11. Liability and Indemnification
Talkover is not responsible for:
- Violations of data subjects' rights by the customer
- Data entered without legal basis or valid consent
- Business decisions based on platform data
The customer indemnifies Talkover against damages, fines or litigation arising from improper use of the platform.
12. Technological Evolution
Talkover may improve platform features, workflows, AI models and integrations without prior authorization, maintaining the contracted conditions.
13. Logs, Audit and Traceability
Talkover maintains technical and operational records of accesses, commands and relevant system changes for security and legal compliance.
14. Pricing and Exchange Rate Variation
Voice agent minute pricing may be defined in USD or foreign currency cost tables as a reference for the final price. The actual price charged per minute may vary according to exchange rate fluctuations on the billing date.
15. Post-Termination Policy
After contract termination:
- Stored data and recordings are deleted or anonymized within 90 days, except where legal obligations require otherwise
- Log and access records may be retained longer in accordance with the Retention and Disposal Policy
16. Modifications to the Terms
Talkover may update these Terms via email or system notification. Continued use of the platform implies automatic acceptance.
17. Jurisdiction and Applicable Law
These Terms are governed by applicable law in the jurisdiction of the contracting parties.