Terms of Service

1. Agreement Overview

These Terms of Service ("Terms") govern the use of AICA — AI Communication Analyzer ("Service"), a B2B SaaS platform provided by Auspex Streamline S.L. ("Auspex", "Provider", "we", "us").

By subscribing to or using the Service, the entity on whose behalf the subscription is made ("Customer", "you") agrees to these Terms.

These Terms, together with the Data Processing Agreement ("DPA"), Privacy Policy, and any Order Form, constitute the complete agreement ("Agreement") between Customer and Provider.

2. Definitions

• "Authorized Users" — Customer's employees, contractors, or agents authorized to access the Service.
• "Call Data" — Audio recordings, transcripts, AI analyses, metadata, and any other data processed through the Service on Customer's behalf.
• "Controller" — As defined in GDPR Article 4(7). Customer is the Controller of Call Data.
• "Processor" — As defined in GDPR Article 4(8). Auspex is the Processor of Call Data.
• "Platform Data" — Data generated by the Service itself (usage metrics, audit logs, platform analytics). Auspex is the Controller of Platform Data.
• "Order Form" — A document specifying the subscription plan, pricing, term, and any custom terms.
• "Sub-processor" — A third party engaged by Auspex to process Call Data, as listed in the Sub-Processor List.

3. Service Description

3.1 What AICA Does

• Speech-to-text transcription of audio recordings
• AI analysis of transcripts (quality scoring, sentiment, key points, sales indicators)
• Configurable alerting based on analysis results
• CRM integration for delivery of analysis results
• Dashboard and reporting for quality monitoring

3.2 What AICA Does NOT Do

• AICA does not record calls. Customer is responsible for recording and uploading/transmitting audio.
• AICA does not obtain consent from call participants. Customer is responsible for consent.
• AICA does not respond to data subject requests directly. Customer uses our API to fulfill requests.
• AICA does not provide legal advice. Compliance guidance is informational only.

3.3 Service Availability

Provider targets 99.5% monthly uptime for the Service (excluding scheduled maintenance). Scheduled maintenance windows are communicated at least 48 hours in advance.

4. Account and Access

Customer shall provide accurate and complete information during registration and is responsible for maintaining the confidentiality of account credentials. Customer may grant access to Authorized Users in accordance with their subscription plan. The Service provides role-based access control — Customer is responsible for assigning appropriate roles and managing permissions.

5. Customer Obligations

5.1 Lawful Use

Customer warrants that its use of the Service complies with all applicable laws, including:

• (a) Recording consent. Customer shall obtain all required consents from call participants before recording and transmitting audio to the Service.
• (b) Disclosure. Customer shall inform call participants that calls are being recorded, AI technology is used to analyze calls, and what purposes the analysis serves.
• (c) Data protection. Customer shall comply with applicable data protection laws (GDPR, CCPA, LGPD, etc.) as Controller of Call Data.
• (d) Employment law. If using the Service to analyze employee performance, Customer shall comply with applicable employment and labor laws.

5.2 Prohibited Uses

Customer shall NOT:

• Upload audio recorded without the required consent
• Use the Service to process calls involving minors (under 16)
• Use AI analysis results as the sole basis for decisions with legal or significant effect on individuals (without human review)
• Reverse-engineer, decompile, or attempt to extract source code of the Service
• Share account credentials or allow unauthorized access
• Transmit malware, viruses, or harmful code
• Use the Service in violation of applicable sanctions or export controls

5.3 Indemnification

Customer shall indemnify and hold Auspex harmless from claims, damages, and expenses arising from Customer's failure to obtain required recording consent, failure to inform Data Subjects about processing, or use of the Service in violation of applicable laws.

6. Provider Obligations

Provider shall make the Service available in accordance with the service level described in Section 3.3, process Call Data only in accordance with Customer's documented instructions and the DPA, maintain the security measures described in the DPA, and notify Customer of any material changes at least 30 days in advance.

6.1 Support

7. Data Processing

Customer = Controller of Call Data. Auspex = Processor of Call Data. Auspex = Controller of Platform Data.

The Data Processing Agreement is incorporated into these Terms by reference. Call Data is retained according to Customer's configured retention settings. Upon termination, Customer has 30 days to export data, after which Provider deletes all Call Data within 30 days.

8. Intellectual Property

Auspex retains all intellectual property rights in the Service. Customer retains all rights in Call Data. Auspex may use anonymized, aggregated data derived from Service usage to improve the Service. If Customer provides feedback or suggestions, Auspex may use them without restriction.

9. Pricing and Payment

Fees are specified in the Order Form or subscription plan. All fees are exclusive of applicable taxes. Invoices are due within 14 days of issuance. Auspex may change pricing with 60 days written notice, effective at the next renewal period.

10. Term and Termination

If no period is specified, the initial term is 12 months, renewing automatically unless either party provides 30 days' written notice. Either party may terminate immediately if the other party materially breaches and fails to cure within 30 days. Customer may terminate at any time with 30 days' notice.

Upon termination: Customer's access is suspended, Customer has 30 days to export data via API, then Provider deletes all Call Data within 30 days and provides written confirmation upon request.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY SHALL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

EACH PARTY'S TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE FEES PAID IN THE 12 MONTHS PRECEDING THE EVENT.

For data protection matters, each party's liability shall not exceed the greater of: (a) fees paid in the 24 months preceding the event, or (b) €100,000.

AI Accuracy Disclaimer

The Service uses AI to analyze calls. AI analysis results are not guaranteed to be accurate or complete. Quality scores, sentiment ratings, and other metrics are probabilistic estimates. AI analysis should not be the sole basis for decisions affecting individuals.

12. Confidentiality

"Confidential Information" means any non-public information disclosed by one party to the other. The receiving party shall use it only as necessary to perform under these Terms, protect it with at least reasonable care, and not disclose it to third parties except as permitted. Disclosure is permitted if required by law.

13. Warranties and Disclaimers

Provider warrants that the Service will perform materially in accordance with its documentation and will process Call Data in accordance with the DPA.

EXCEPT AS EXPRESSLY SET OUT, THE SERVICE IS PROVIDED "AS IS". Provider does NOT warrant that the Service will be uninterrupted, AI results will be accurate, or the Service will meet specific regulatory requirements.

14. Governing Law and Disputes

These Terms are governed by the laws of Spain. Disputes shall first be resolved through negotiation (30 days). If negotiation fails, disputes shall be submitted to the courts of Madrid, Spain, except for GDPR-related disputes where Customer's local courts have jurisdiction.

15. General Provisions

Neither party may assign these Terms without consent, except in connection with a merger or acquisition. Neither party is liable for force majeure events. If any provision is unenforceable, the remaining provisions remain in effect. Auspex may update these Terms with 30 days' notice.

16. Contact

Auspex Streamline S.L.
C.I.F.: B56341829
Calle Velarde 13, 4B
35010 Las Palmas de Gran Canaria
Canarias, Spain

General inquiries: support@auspex.company

Legal / privacy: privacy@auspex.company