ActiveCalls Acceptable Use Policy and Service Agreement
Preamble
This Acceptable Use Policy and Service Agreement (the “Agreement”) is entered into between Intergo Telecom Ltd, a limited liability company incorporated in the Republic of Cyprus with registration number HE 352115, having its registered office at Tepeleniou 17, Office 102-103, 8010 Paphos, Cyprus, operating the ActiveCalls platform (“Intergo Telecom”, “ActiveCalls”, “we”, “us” or “our”), and the person or entity that registers for or uses the Services (the “Customer” or “you”).
By creating an account, clicking “I agree” (or a similar button) during sign-up, or by accessing or using the Services, you confirm that you have read, understood and accepted this Agreement, including the ActiveCalls Data Processing Agreement, which is incorporated into this Agreement by reference. If you accept this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind that entity, in which case “Customer” refers to that entity.
1. Definitions
1.1 In this Agreement, the following terms have the following meanings:
(a) “Account” means the account created by the Customer to access and administer the Services, including the ActiveCalls portal at portal.activecalls.com.
(b) “Applicable Law” means all laws, regulations, regulatory decisions, codes of practice and industry rules applicable to the Customer’s use of the Services, including telecommunications, numbering, consumer protection, telemarketing, call recording, data protection and privacy laws in every jurisdiction where calls are originated or terminated.
(c) “Call Data” means call detail records (CDRs), call metadata, call recordings, voicemails, transcripts, IVR inputs, analytics and any other content or information transmitted, generated or stored through the Services.
(d) “Customer Data” means all data, including Personal Data and Call Data, submitted to, transmitted through or stored in the Services by or on behalf of the Customer or its End Users.
(e) “DPA” means the ActiveCalls Data Processing Agreement, as amended from time to time.
(f) “End User” means any individual who uses the Services through the Customer’s Account, including the Customer’s employees, agents, consultants, contractors and supervisors, and, where the context requires, any person who places a call to or receives a call from the Customer through the Services.
(g) “Numbers” means telephone numbers, including local, national, toll-free and ported numbers, assigned to the Customer for use with the Services.
(h) “Order” means the Customer’s selection of a plan, add-ons and Numbers through the ActiveCalls portal, a quotation or an order form accepted by Intergo Telecom.
(i) “Personal Data” has the meaning given in the DPA.
(j) “Services” means the ActiveCalls cloud-based contact-centre and voice services, including inbound and outbound calling, IVR and auto-attendant, call queues and routing, call recording, transcription and analytics features, supervisor tools, WebRTC calling, the ActiveCalls softphone applications, the portal, APIs and integrations, and Numbers, as described on activecalls.com and in the applicable Order.
(k) “User Licence” means a subscription allowing one named End User to access the Services under the Customer’s plan.
2. Scope and Order of Precedence
2.1 This Agreement governs the Customer’s purchase and use of the Services. The use of the activecalls.com website is governed by the ActiveCalls website Terms and Conditions, and the processing of personal data by Intergo Telecom as a controller is described in the ActiveCalls Privacy Policy.
2.2 The Services are intended for business use. If you are a consumer, nothing in this Agreement affects the rights you have under mandatory consumer protection law.
2.3 In the event of any conflict, the following order of precedence applies: (a) an Order signed by both parties, but only with respect to the specific terms it expressly varies; (b) the DPA, with respect to the processing of Personal Data; (c) this Agreement; and (d) any other policies referenced in this Agreement.
3. The Services
3.1 Intergo Telecom will provide the Services in accordance with this Agreement and the applicable Order, using reasonable skill and care.
3.2 Plans and User Licences. The Services are provided on a per-User Licence basis under the plan selected by the Customer (currently Basic, Standard and Enterprise). Features, channel capacity, storage and support levels depend on the selected plan as described on the pricing page at the time of the Order. Each User Licence may be used by one named End User only and may not be shared.
3.3 Free trials. Where Intergo Telecom offers a free trial, the Services are provided “as is”, may be limited in functionality, capacity or destinations, and may be terminated by Intergo Telecom at any time. Unless the Customer purchases a plan before the end of the trial, the trial Account and its Customer Data may be deleted after the trial ends.
3.4 Changes to the Services. Intergo Telecom may modify, update or discontinue features of the Services from time to time. Where a change materially reduces the functionality of the Services the Customer has paid for, Intergo Telecom will give the Customer reasonable advance notice and, if the Customer objects, the Customer may terminate the affected Services and receive a pro-rata refund of any prepaid fees for the remaining period.
3.5 Availability. Intergo Telecom aims to provide high availability of the Services. Availability figures published on the website (including “99.8% uptime”) describe historical or targeted performance and do not constitute a contractual service level. A contractual service level agreement applies only if agreed in a signed Order.
3.6 AI and transcription features. Where the Services include automated transcription, call summarisation, sentiment analysis or other AI-assisted features, their outputs are generated automatically and may contain errors. The Customer is responsible for reviewing outputs before relying on them, and must not use such outputs as the sole basis for decisions that produce legal or similarly significant effects on individuals without appropriate human review.
3.7 Third-party networks. Calls are originated and terminated through public telephone networks and third-party carriers. Intergo Telecom is not responsible for the availability, quality, call completion or routing of networks it does not control, or for restrictions imposed by destination operators or regulators.
4. Account, End Users and Security
4.1 The Customer must provide accurate, current and complete registration, billing and identification information and keep it up to date. Intergo Telecom may carry out identity, “know your customer”, credit and fraud checks before activating or continuing the Services, and may decline or suspend an Account where the required information is not provided or cannot be verified.
4.2 The Customer is responsible for all activity under its Account, including all calls made and all charges incurred, whether or not authorised by the Customer, and for its End Users’ compliance with this Agreement.
4.3 The Customer must keep Account credentials, SIP credentials and API keys confidential, use strong passwords and, where available, multi-factor authentication, promptly remove access for departing End Users, and notify Intergo Telecom immediately at support@activecalls.com of any actual or suspected unauthorised access or use.
4.4 Toll fraud. The Customer acknowledges the risk of toll fraud, including international revenue share fraud, arising from compromised credentials or devices. Except to the extent caused by Intergo Telecom’s breach of its own security obligations, the Customer is liable for all charges resulting from unauthorised use of its Account. Intergo Telecom may apply spending limits, destination restrictions and fraud controls, and may block calls or suspend the Account without notice where it suspects fraudulent activity.
5. Telephone Numbers
5.1 Numbers are assigned to the Customer for use with the Services only. Numbers are allocated by national regulators and carriers; the Customer acquires no ownership or other proprietary right in any Number.
5.2 Many countries require the Customer to provide proof of identity, a local address or other documentation before a Number can be activated or kept active. The Customer must provide accurate documentation on request and comply with the numbering rules of each country in which it uses Numbers. Intergo Telecom may suspend or withdraw a Number where documentation is missing or inaccurate, or where required by a regulator or carrier.
5.3 The Customer may request to port Numbers into or out of the Services in accordance with applicable porting rules, subject to settlement of all outstanding fees. Intergo Telecom does not guarantee that a porting request will be accepted by the losing or gaining operator.
5.4 Following termination of the Services or of a Number, and unless the Customer has submitted a valid port-out request beforehand, the Number may be returned to the carrier or reassigned after 30 days.
6. Acceptable Use
6.1 The Customer must use, and must ensure that its End Users use, the Services only in compliance with this Agreement and Applicable Law. The Customer must not use, or permit any person to use, the Services to:
(a) engage in any illegal, fraudulent, deceptive or harmful activity, including scams, phishing (“vishing”), impersonation of public authorities or other organisations, or the facilitation of any such activity;
(b) make unsolicited marketing calls, automated or prerecorded calls (“robocalls”) or calls using an automatic telephone dialling system where the required prior consent has not been obtained, or call numbers listed on an applicable do-not-call register, except as permitted by Applicable Law;
(c) misrepresent the caller’s identity, including by displaying a calling line identity (CLI) or caller ID that the Customer is not authorised to use, that is not a valid, dialable number, or that is intended to mislead the called party (“spoofing”);
(d) generate artificially inflated traffic, including traffic pumping, international revenue share fraud, “wangiri” (one-ring) calls, autodialled calls with no live agent available, or any traffic whose purpose is to generate termination revenue rather than genuine communication;
(e) harass, threaten, abuse or intimidate any person, or transmit content that is obscene, defamatory, discriminatory, hateful or that incites violence;
(f) record, monitor or intercept communications without providing the notices and obtaining the consents required by Applicable Law;
(g) infringe the intellectual property, privacy or other rights of any person;
(h) transmit malware or interfere with, disrupt, probe, scan or attempt to gain unauthorised access to the Services, the ActiveCalls network or the networks or systems of any third party, including through denial-of-service attacks;
(i) resell, sublicense or provide the Services to third parties, or use them on a service-bureau basis, without Intergo Telecom’s prior written consent;
(j) use the Services for high-risk purposes where a failure or interruption could lead to death, personal injury or significant environmental or property damage, or for safety-critical applications; or
(k) use the Services in excess of reasonable business use, including use of free on-net calls, unlimited allowances or channel capacity in a manner that is abusive or inconsistent with normal contact-centre operations (fair use).
6.2 The list in clause 6.1 is illustrative and not exhaustive. Intergo Telecom may determine, acting reasonably, whether any activity breaches this clause 6.
6.3 The Customer must cooperate with any investigation by Intergo Telecom, its carriers or a competent authority relating to suspected misuse of the Services, including traceback requests, and must provide information about the origin and purpose of calls on request.
7. Outbound Calling and Telemarketing Compliance
7.1 The Customer is solely responsible for ensuring that its calling activities comply with all Applicable Law, including rules on prior consent, do-not-call registers, permitted calling hours, call frequency, abandoned and silent call limits, caller identification and the disclosures required at the start of a call.
7.2 By way of example only, and without limitation, such laws may include:
- the EU General Data Protection Regulation (GDPR), the ePrivacy Directive 2002/58/EC and their national implementing laws;
- in the United Kingdom, the UK GDPR, the Data Protection Act 2018, the Privacy and Electronic Communications Regulations 2003 (PECR), the Telephone Preference Service and Ofcom’s rules on CLI and persistent misuse;
- in the United States, the Telephone Consumer Protection Act (TCPA), the Telemarketing Sales Rule and the National Do Not Call Registry, the STIR/SHAKEN caller-ID authentication framework, and applicable state laws, including state telemarketing and two-party consent recording laws and the California Consumer Privacy Act as amended by the CPRA (CCPA/CPRA);
- in Canada, the Unsolicited Telecommunications Rules and the National Do Not Call List administered by the CRTC, and Canada’s Anti-Spam Legislation (CASL);
- in Australia, the Do Not Call Register Act 2006, the Telecommunications (Telemarketing and Research Calls) Industry Standard and the Spam Act 2003.
7.3 The Customer must maintain records of consents and do-not-call list screening and provide them to Intergo Telecom on request. The Customer must promptly honour any request by a called party not to be called again.
8. Call Recording, Monitoring and Transcription
8.1 Call recording, live monitoring, whisper/barge-in, transcription and analytics features are enabled and configured by the Customer. The Customer, as controller, is solely responsible for determining whether and how these features may lawfully be used, for having an appropriate legal basis, and for providing all notices to, and obtaining all consents from, callers, called parties and End Users that Applicable Law requires, including in jurisdictions that require the consent of all parties to a call.
8.2 The Customer is responsible for configuring retention periods for recordings and transcripts in line with Applicable Law and its own policies. Recordings and transcripts are deleted in accordance with the Customer’s configuration and, in any event, in accordance with the DPA following termination.
8.3 The Customer must ensure that its use of monitoring features in relation to its own employees complies with applicable employment and data protection law, including any obligation to inform or consult employee representatives.
9. Emergency Services
9.1 The Services are not a replacement for a traditional telephone line and are not designed or intended to support or carry emergency calls (such as 112, 911 or 999). Emergency calling through the Services may be unavailable or limited, may not transmit accurate location information, and will not function during power outages, internet or network failures or service suspensions.
9.2 The Customer must ensure that its End Users have access at all times to an alternative means of contacting emergency services and must inform its End Users of these limitations. To the maximum extent permitted by Applicable Law, Intergo Telecom shall not be liable for any loss arising from the unavailability or failure of emergency calling through the Services.
10. Customer Data and Data Protection
10.1 As between the parties, the Customer retains all rights in Customer Data. The Customer grants Intergo Telecom a non-exclusive licence to process Customer Data solely as necessary to provide, secure and support the Services and to comply with Applicable Law.
10.2 Where Intergo Telecom processes Personal Data on behalf of the Customer, it does so as a processor and in accordance with the DPA, which forms part of this Agreement and is accepted by the Customer upon acceptance of this Agreement.
10.3 Intergo Telecom processes Account, billing and contact data, and the Call Data necessary for billing, fraud prevention, network security and compliance with its legal and regulatory obligations as a provider of electronic communications services, as an independent controller in accordance with the ActiveCalls Privacy Policy.
10.4 Intergo Telecom may disclose Customer Data where required to do so by Applicable Law or by a binding order of a competent court or authority. Where legally permitted, Intergo Telecom will notify the Customer of such a request.
11. Fees, Billing and Payment
11.1 The Customer shall pay the fees for the Services set out in the Order and on the pricing page in force at the time of the Order, including recurring per-User Licence fees, add-on fees, Number fees and usage-based charges for calls to destinations not included in the plan.
11.2 Recurring fees are charged monthly/annually in advance. Usage-based charges are charged in arrears / against a prepaid balance.
11.3 All fees are exclusive of VAT and other applicable taxes, duties and regulatory levies, which shall be borne by the Customer. Where the Customer is established in another EU Member State and provides a valid VAT number, the reverse-charge mechanism applies.
11.4 Invoices are payable within 14 days of the invoice date. Intergo Telecom may charge interest on overdue amounts at the statutory rate under Applicable Law and may suspend the Services where any amount remains unpaid after 7 days’ written notice, or immediately where the Customer’s prepaid balance is exhausted.
11.5 The Customer must notify any good-faith billing dispute in writing within 30 days of the invoice date, failing which the invoice is deemed accepted. Undisputed amounts remain payable.
11.6 Intergo Telecom may change its fees on at least 30 days’ notice. Changes to per-destination call rates may take effect on shorter notice where caused by changes in carrier or regulatory costs.
12. Cancellation, Refunds and Right of Withdrawal
12.1 Customers may cancel any services purchased under this Agreement with written notice to ActiveCalls within thirty (30) days of the date on which the purchase becomes effective. Except as otherwise provided in this Agreement, in the event of a timely cancellation, the Customer shall not owe any fees or charges for the services being cancelled in respect of any period after the date of such written notice (except those arising from continued usage) and shall be entitled to a refund of any positive balance after reduction of any User Licence fees, service fees and other applicable fees payable up to the day of such request.
12.2 If the Customer is a consumer residing in the European Union, the Customer has the right to withdraw from this Agreement within fourteen (14) days without giving any reason, in accordance with Directive 2011/83/EU and applicable Cyprus law. If the Customer requests that the Services begin during the withdrawal period, the Customer shall pay an amount proportionate to the Services provided until the withdrawal is communicated, and loses the right of withdrawal once the Services have been fully performed.
12.3 Cancellation requests and withdrawal notices must be sent to support@activecalls.com
13. Term, Suspension and Termination
13.1 This Agreement starts when the Customer accepts it and continues until terminated. Each subscription renews automatically for successive periods equal to the initial billing period unless cancelled before the renewal date.
13.2 The Customer may terminate a subscription at any time through the portal or by written notice, with effect from the end of the current billing period. Except as set out in clause 12, fees already paid are not refundable.
13.3 Intergo Telecom may suspend the Services, in whole or in part, immediately and without prior notice where: (a) the Customer breaches clause 6, 7 or 8; (b) Intergo Telecom suspects fraud, unauthorised use or a security threat; (c) a carrier, regulator or competent authority requires it; or (d) suspension is necessary to protect the integrity of the network or other customers. Intergo Telecom will restore the Services once the cause of the suspension has been resolved.
13.4 Either party may terminate this Agreement with immediate effect by written notice if the other party commits a material breach that is not remedied within 14 days of notice, or becomes insolvent. Intergo Telecom may terminate this Agreement immediately for a serious or repeated breach of clause 6.
13.5 On termination: (a) all User Licences and access to the Services end; (b) all outstanding fees become immediately due; (c) Numbers are handled in accordance with clause 5.4; and (d) the Customer may export its Customer Data for 30 days, after which Intergo Telecom will delete it in accordance with the DPA, save where retention is required by Applicable Law.
14. Intellectual Property
14.1 Intergo Telecom and its licensors own all intellectual property rights in the Services, the softphone applications, the portal, APIs and documentation. Subject to payment of the fees, Intergo Telecom grants the Customer a non-exclusive, non-transferable right, for the duration of this Agreement, to use the Services for its internal business purposes.
14.2 The Customer must not copy, modify, reverse engineer, decompile or create derivative works of the Services, except to the extent such restriction is prohibited by Applicable Law.
14.3 Intergo Telecom may freely use any feedback or suggestions the Customer provides about the Services without obligation to the Customer.
15. Third-Party Services and Integrations
15.1 The Services may interoperate with third-party applications, such as CRM or helpdesk systems, enabled by the Customer. Such third-party services are governed by their own terms. Intergo Telecom is not responsible for third-party services, and the Customer’s decision to enable an integration authorises the exchange of Customer Data with that third party.
16. Warranties and Disclaimers
16.1 The Customer warrants that it has all rights, consents and authorisations necessary to use the Services and to provide Customer Data to Intergo Telecom, and that its use of the Services complies with Applicable Law.
16.2 Except as expressly set out in this Agreement, and to the maximum extent permitted by Applicable Law, the Services are provided “as is” and “as available”, and Intergo Telecom disclaims all other warranties, express or implied, including that the Services will be uninterrupted, error-free or that every call will be completed.
17. Limitation of Liability
17.1 To the maximum extent permitted by Applicable Law, neither party shall be liable for any indirect, incidental, special or consequential damages, or for any loss of profits, revenue, business, goodwill or anticipated savings, arising out of or in connection with this Agreement.
17.2 Each party’s total aggregate liability arising out of or in connection with this Agreement shall be limited to the total fees paid and payable by the Customer to Intergo Telecom under this Agreement during the twelve (12) months preceding the event giving rise to the claim.
17.3 The limitations in clauses 17.1 and 17.2 do not apply to: (a) the Customer’s obligation to pay the fees; (b) the Customer’s liability under clauses 6, 7, 8 and 18; (c) liability for death or personal injury caused by negligence; (d) fraud or fraudulent misrepresentation; or (e) any liability that cannot be limited or excluded under Applicable Law.
18. Indemnification
18.1 The Customer shall indemnify and hold harmless Intergo Telecom, its affiliates, officers and employees against all claims, fines, penalties, carrier charges, losses and reasonable costs (including legal fees) arising from: (a) the Customer’s or its End Users’ breach of clause 6, 7 or 8; (b) the content of calls made or received through the Customer’s Account; or (c) the Customer’s failure to obtain any notice, consent or authorisation required by Applicable Law.
19. Confidentiality
19.1 Each party shall keep confidential all non-public information disclosed by the other party in connection with this Agreement and use it only for the purposes of this Agreement, except where disclosure is required by Applicable Law or by a competent authority. This obligation survives termination for three (3) years.
20. Changes to this Agreement
20.1 Intergo Telecom may amend this Agreement from time to time. Material changes will be notified to the Customer by email or through the portal at least 30 days before they take effect, unless a shorter period is required by Applicable Law, a regulator or a carrier. If the Customer does not agree to a material change, it may terminate the affected Services before the change takes effect without penalty. Continued use of the Services after the effective date constitutes acceptance of the change.
21. General
21.1 Force majeure. Neither party is liable for failure or delay caused by events beyond its reasonable control, including failures of third-party networks or carriers, power outages, natural disasters, pandemics, war, cyber-attacks not resulting from that party’s failure to implement reasonable security measures, or acts of government. This clause does not excuse payment obligations.
21.2 Assignment. The Customer may not assign or transfer this Agreement without Intergo Telecom’s prior written consent. Intergo Telecom may assign this Agreement to an affiliate or to a successor of its business on notice to the Customer.
21.3 Notices. Notices to Intergo Telecom must be sent to legal@intergotelecom.com. Notices to the Customer may be sent to the email address associated with the Account or through the portal.
21.4 Entire agreement. This Agreement, together with the DPA and any Order, constitutes the entire agreement between the parties regarding the Services and supersedes all prior understandings.
21.5 Severability and waiver. If any provision is held invalid, the remaining provisions remain in full force. A failure to enforce any provision is not a waiver of it.
21.6 Language. This Agreement is concluded in English. Any translation is provided for convenience only, and the English version prevails.
22. Governing Law and Jurisdiction
22.1 This Agreement and any dispute arising out of or in connection with it are governed by the laws of the Republic of Cyprus. The courts of Cyprus have exclusive jurisdiction.
22.2 If the Customer is a consumer, nothing in this Agreement deprives the Customer of the protection of mandatory provisions of the law of the country of residence, or of the right to bring proceedings in the courts of that country.
23. Contact and Reporting Abuse
23.1 Questions about this Agreement may be sent to support@activecalls.com Suspected misuse of the Services, including unwanted calls originating from ActiveCalls Numbers, may be reported to the same email address.
23.2 Intergo Telecom Ltd, Tepeleniou 17, Office 102-103, 8010 Paphos, Cyprus. Reg. No. HE 352115. VAT No. CY 10352115X.
