1. Who We Are and What These Terms Cover
1.1. Tocaller is provided by a sole proprietorship (jednoosobowa działalność gospodarcza) entered in the Central Registration and Information on Business (CEIDG), with its registered place of business at Bielnikowa 7, 96-300 Żyrardów, Poland (“Tocaller”, “we”, “us”, “our”). Our full company details are in Section 26.
1.2. These Terms apply to the Website and to the Platform. They are the terms of service required by the Polish Act of 18 July 2002 on Providing Services by Electronic Means and, once accepted, form the agreement between us and the Customer.
1.3. The agreement consists of, in this order of precedence if they conflict: (a) any order form or written agreement signed by both parties, for the matters it expressly covers; (b) the Data Processing Agreement, for the processing of personal data on the Customer’s behalf; (c) these Terms; (d) the plan and price information shown on the Pricing Page and in the app at the time of purchase. Our Privacy Policy explains how we process personal data as a controller; it is information, not a part of the contract.
1.4. These Terms are available free of charge on the Website before and after you sign up, and you can save or print them.
2. Definitions
- “Website” means the website at https://tocaller.com, including its subpages.
- “Platform” means the Tocaller web app, including the built-in dialer, its APIs and the features described in Section 4.
- “Services” means the Website and the Platform, and the telephone numbers, calling and other features provided through them.
- “Customer” or “you” means the business (a company, partnership or sole trader) that creates a Workspace and accepts these Terms.
- “Consumer-Status Sole Trader” means a natural person running a business who concludes the agreement directly related to that business, where the agreement is not of a professional nature for them, in particular as shown by the business activity they have entered in CEIDG (Article 7aa of the Polish Consumer Rights Act and Article 3855 of the Polish Civil Code).
- “Workspace” means the Customer’s account on the Platform.
- “User” means a person the Customer allows to use its Workspace, such as an owner, administrator or agent.
- “License” means the right for one User to use the Platform under a paid plan.
- “Balance” means the prepaid funds in the Workspace that pay for phone numbers and usage.
- “Number” means a telephone number we assign to the Customer through the Platform.
- “Customer Content” means data the Customer or its Users put into or generate on the Platform, including contacts, notes, call records, recordings, voicemails, transcripts, audio files and AI Voice Agent settings.
- “Pricing Page” means tocaller.com/pricing and the prices shown in the app.
3. Who Can Use Tocaller
3.1. The Services are designed for businesses. By accepting these Terms you confirm that you use the Services for your business and that you are not acting as a consumer.
3.2. If you accept these Terms on behalf of an organization, you confirm that you are authorized to bind it. You must be at least 18 years old and have full legal capacity.
3.3. If you are a Consumer-Status Sole Trader, you have the rights described in Section 19, and any provision of these Terms that would be an unfair (abusive) term within the meaning of Article 3851 of the Polish Civil Code does not bind you.
4. The Services
4.1. Depending on your plan, the Platform lets you:
- get local or toll-free business numbers and manage them in the app;
- make and receive calls in the browser through the built-in dialer;
- route incoming calls with call flows (for example business hours, keypad menus, dialing a person or team, audio playback and voicemail);
- record calls, keep voicemails, and transcribe recordings with AI;
- add an AI Voice Agent to a call flow to answer calls that your team does not pick up;
- keep contacts, notes and call history, and see call reporting;
- invite Users and assign them roles and numbers.
4.2. The features, limits and prices available to you depend on your plan, the country of your Numbers and your Workspace settings, as shown on the Pricing Page and in the app. Some features may be marked as new, beta or “Proposed”; we describe their status where they are offered.
4.3. Emergency calls. Where the law of the country of your Number requires it, calls to emergency numbers (such as 112) from that Number are free of charge and are routed as that law requires. Because the Services run over the internet in a browser, emergency calls have limits: they do not work without power, an internet connection or a working browser session, and the location passed to emergency services may be based on the address registered for your Number rather than where the caller actually is. Keep the address registered for each Number up to date, tell your Users about these limits, and always keep another way to reach emergency services.
4.4. Calls depend on the internet connection of you and your Users, and on the telecommunications carriers we use (see Section 7.7). Call quality and availability can be affected by factors outside our control.
5. Technical Requirements
To use the Platform you need: a device with a current version of Google Chrome or another modern browser that supports WebRTC, with JavaScript and cookies enabled; a stable internet connection; a microphone and speakers or a headset for calls; and an active email address. Using services over the internet involves usual risks, such as malware or unauthorized access to your device; we explain how we protect the Platform in Section 17.
6. Signing Up, Workspaces and Users
6.1. The agreement is concluded when you create a Workspace and accept these Terms. It runs for an indefinite period; paid plans renew as described in Section 13.1.
6.2. You must give accurate information when you sign up and keep it up to date, including your business and billing details. We may ask you to verify your identity or business, in particular before assigning Numbers (Section 7.2).
6.3. You are responsible for your Users: who you invite, the roles and permissions you give them, and everything done in your Workspace. Each License is for one named User and may not be shared.
6.4. Keep your login details confidential and tell us promptly at legal@tocaller.com if you suspect unauthorized access. You may not resell the Services or give access to third parties outside your organization without our written consent.
7. Telephone Numbers
7.1. Availability. Numbers are subject to availability and to the rules of the country and of the carrier that provides them. Showing a number in the app does not guarantee that it can be assigned to you. You get the right to use a Number while it is assigned to you; you do not own it.
7.2. Verification. Some countries and number types require proof of identity, a business or local address, or other documents before a Number can be assigned or kept. If you do not provide them, or they are incorrect, the Number may not be assigned or may be withdrawn.
7.3. Fees. Numbers are charged separately from Licenses. When you get a Number, any setup fee and the first month are paid from your Balance. Each Number then renews monthly on the date it became active, at the monthly price shown when you got it, unless we change that price under Section 11. If a carrier cannot provide the Number, we return the amount to your Balance.
7.4. Unpaid renewals. If your Balance is too low, we warn you before the renewal date and retry the charge. If a renewal remains unpaid for 3 days, the Number is suspended (it does not make or receive calls, but stays assigned to you). If it remains unpaid for 14 more days, the Number is released and may not be recoverable.
7.5. Releasing a Number. You can release a Number in the app at any time. The current month is not refunded. A released Number may be reassigned and may not be recoverable. Cancelling your plan does not release your Numbers; they keep renewing from your Balance until you release them or close your Workspace (Section 14).
7.6. Porting. Moving an existing number to or from Tocaller is possible only where we and the carriers involved support it. Porting depends on the carriers, on the rules of the relevant country and on accurate information from you, and we cannot guarantee it or its timing. Any porting fees are shown before you request it.
7.7. Carriers. Numbers and calls are provided with the help of third-party telecommunications carriers. Their outages, routing failures, restrictions or rule changes may affect the Services. If a carrier or a regulator withdraws a Number or a number range, or requires us to stop providing it, we will tell you as early as we reasonably can and, where possible, offer a replacement. If you have paid for a period you can no longer use for that reason, we return the unused part to your Balance.
7.8. We may suspend a Number immediately where it is used in breach of Section 8, or where a carrier, regulator or court requires it.
8. Acceptable Use
8.1. You must use the Services lawfully, including the laws on telecommunications, marketing, privacy and consumer protection of every country where you call or are called. You may not provide, transmit or store unlawful content through the Services.
8.2. In particular, you may not use the Services to:
- make unsolicited marketing calls, or automated or prerecorded calls, without the consent or legal basis the law requires, or call numbers on do-not-call lists where that is prohibited;
- commit fraud, harass or threaten anyone, or impersonate a person or organization;
- falsify or hide the caller ID, or present a number you are not entitled to use;
- generate artificial traffic or use the Services for traffic pumping, call arbitrage or similar schemes;
- record or transcribe calls in breach of Section 9;
- upload malware, try to gain unauthorized access to the Platform or other accounts, overload the Platform, or reverse engineer, copy or resell it, except where the law allows this.
8.3. If we have reasonable grounds to suspect a breach of this Section, fraud or a security risk, we may investigate, ask you for an explanation, limit features (such as outbound calling or calls to certain destinations), or suspend the affected Users, Numbers or Workspace. We will tell you why, unless the law or a security reason prevents it, and restore access once the issue is resolved. Serious or repeated breaches may lead to termination under Section 14.4.
9. Call Recording and Transcription
9.1. You decide whether calls in your Workspace are recorded or transcribed, using the settings in the app. Recordings, voicemails and transcripts are Customer Content.
9.2. Recording or transcribing a call can require informing the other participants or getting their consent. The rules differ between countries and depend on where each participant is. You are responsible for checking which rules apply to your calls and for complying with them, for example by playing a notice at the start of the call. Consent alone may not be enough in every case.
9.3. Recordings and transcripts are kept for as long as your Workspace exists, unless they are deleted earlier where the app allows it. After the agreement ends, Section 15 applies. They are visible only to Users who have access to the relevant calls in your Workspace.
9.4. Recordings may be incomplete or missing, for example if a call drops or a carrier fails. Transcripts are generated automatically and may contain errors (Section 10.1).
10. AI Features
10.1. AI features include automatic transcription and the AI Voice Agent, which answers calls and speaks to callers based on the instructions you configure. AI output may be inaccurate, incomplete or inappropriate. Check it before you rely on it, in particular for legal, financial, medical or other important decisions.
10.2. You are responsible for how you configure and use the AI Voice Agent, including its instructions and what it tells callers. Where the law requires it, you must make clear to callers that they are talking to an automated system. You may not use AI features to deceive callers, imitate a real person’s voice without their permission, or make automated calls the law does not allow.
10.3. To provide AI features we send the relevant audio and text to third-party AI providers that act as our subprocessors. They are listed in our Privacy Policy and Data Processing Agreement.
10.4. AI features depend on these providers. We may change the models or providers we use, or limit a feature where a provider restricts it, provided the feature keeps substantially the same purpose. Changes to the price of a paid AI feature follow Section 11.
11. Changes to Plans and Prices: 30 Days’ Notice
11.1. Notice. We will notify you at least 30 days, and never less than one calendar month, before any change to your plan or its price takes effect. This covers changes to License fees, Number fees, per-minute and other usage rates, the start of charging for a feature marked “Proposed”, and any change that removes or limits a feature of your paid plan. We send the notice by email to the Workspace owner, so that you can store and reproduce it, and show it in the app. It states what changes, the date the change takes effect, and your right to terminate.
11.2. When changes take effect. A change never takes effect earlier than the notice period in Section 11.1. For monthly plans, it applies from the first billing period that starts after that date. For yearly plans, the License price you have paid is fixed for that year; a price change applies only from your next renewal, and we will notify you at least 30 days before that renewal.
11.3. Your right to terminate. If you do not accept a change, you can terminate the agreement, or the affected Service, at any time before the change takes effect, free of charge. If you do, we refund the License fees you prepaid for the period after termination and return any unused Balance in line with Section 14.6.
11.4. Reasons for changes. We may change plans and prices only for one of these reasons: a change in law, a decision of a court or authority, or a change in taxes; a change in the costs we pay to carriers, AI, payment or hosting providers; a change in exchange rates; inflation; the introduction of new features, or the withdrawal of features for technical, security or legal reasons; or a change in the way the Services are delivered.
11.5. Exceptions. The notice period in Section 11.1 does not apply to changes that are only to your benefit (such as a price reduction), or that a law or an authority requires to take effect sooner. We will still tell you about them, and in the second case you keep your right to terminate under Section 11.3. Promotional prices apply for the period stated when they are offered.
12. Free Trial
12.1. A new account can try Tocaller free for 7 days, once per account. During the trial some features may be limited, and Numbers and usage may need a Balance.
12.2. You do not need to add a payment card for the trial, and we will not charge you automatically when it ends. We remind you before the trial ends. To keep using the Platform after the trial, choose a paid plan; otherwise your Workspace becomes inactive. Numbers you have paid for from your Balance keep renewing under Section 7.3 until you release them.
13. Fees, Billing and Payments
13.1. Licenses. Licenses are billed per User in advance, monthly or yearly, at the price shown on the Pricing Page when you subscribe. Your plan renews automatically for the same period until you cancel it. Adding Licenses during a billing period may be charged pro rata.
13.2. Balance. Numbers and usage (such as call minutes and, where charged, recording, transcription and AI usage) are paid from your Balance. You top up the Balance by card in the amounts offered in the app. Calls are charged per minute at our rates by direction, destination and number type, based on the duration reported by the carrier. If your Balance cannot cover calls already made, outbound calling is switched off until you add funds.
13.3. Payments. Card payments are processed by Stripe. By subscribing or topping up, you authorize us and Stripe to charge your card for the amounts due, including renewals. You must keep a valid payment method on file for paid plans.
13.4. Currency and taxes. Prices are in US dollars unless the app states otherwise, and do not include VAT or other taxes, which are added where applicable. You agree to receive invoices and receipts electronically.
13.5. Failed payments. If a License renewal fails, we notify you and retry. If it is still unpaid after 7 days, we may suspend the Workspace until you pay. Unpaid Number renewals are handled under Section 7.4.
13.6. Billing questions. If you think a charge is wrong, tell us under Section 18 within 60 days of the charge. We will correct any error we confirm by a refund to your card or a credit to your Balance.
14. Cancellation and Termination
14.1. Cancelling your plan. You can cancel your plan in the app at any time. Cancellation takes effect at the end of the current billing period, and you keep access until then. We do not refund the current period, except where Sections 7.7, 11.3 or 14.5 say otherwise or the law requires it.
14.2. Cancelling a plan, releasing a Number and closing a Workspace are different. Cancelling a plan stops License renewals. Releasing a Number stops that Number’s renewals (Section 7.5). Closing the Workspace ends the agreement: it releases all Numbers and leads to the deletion of Customer Content under Section 15.
14.3. Closing your Workspace. You can terminate the agreement at any time by closing your Workspace in the app or by emailing us from the Workspace owner’s address.
14.4. Termination by us. We may terminate the agreement with 30 days’ notice for any of the reasons listed in Section 11.4 or if we stop providing the Services. We may terminate it with 7 days’ notice if you materially breach these Terms, in particular Section 8, and do not remedy the breach within that time, or immediately where the breach cannot be remedied, such as fraud.
14.5. If we terminate under Section 14.4 for a reason other than your breach, we refund the License fees you prepaid for the period after termination.
14.6. Unused Balance. When the agreement ends, you can ask us to refund the unused part of the Balance you paid for, minus any amounts you owe us. Free and promotional credits are not refunded. Fees already due at termination remain payable.
15. Your Data After Termination
15.1. After the agreement ends, we keep Customer Content for 30 days so that you can ask us for a copy, unless the law requires otherwise. After that we delete it, except data we must keep by law (for example billing records for tax purposes). Deleted data cannot be recovered.
15.2. Before you close your Workspace, download anything you want to keep, such as recordings.
16. Intellectual Property and Customer Content
16.1. The Platform, its software, design and documentation, and the Tocaller name and logo, belong to us or our licensors. For the duration of the agreement we grant you and your Users a non-exclusive, non-transferable right to use the Platform in your business, within your plan. You may not use our name or logo without our written consent.
16.2. You keep all rights to your Customer Content. You allow us to host, copy, transmit, process and display it only as needed to provide, secure and support the Services, and as the law requires. We do not use your recordings, transcripts or call content to train AI models.
16.3. You confirm that you have the rights and legal basis needed for the Customer Content you put into the Platform, such as audio files and contact lists.
16.4. Subject to applicable law and third-party terms, you may use AI output generated for your Workspace in your business.
16.5. If you send us feedback or suggestions, we may use them to improve the Services without any obligation to you.
17. Privacy, Data Protection and Security
17.1. We process the personal data of Customers, Users and website visitors as a controller, as described in our Privacy Policy.
17.2. For personal data in Customer Content (such as the data of your callers and contacts), you are the controller and we are your processor. We process that data only to provide the Services and on your instructions, under the Data Processing Agreement, which forms part of the agreement under Article 28 of the GDPR.
17.3. We use appropriate technical and organizational measures to protect the Platform and Customer Content, including encrypted connections. We will notify you without undue delay if we become aware of a personal data breach affecting Customer Content.
18. Complaints
18.1. You can file a complaint about the Services within 12 months of the event it concerns, by email to legal@tocaller.com or by post to our registered address in Section 26. Please include your Workspace name, a description of the problem, when it happened, and what you are asking for.
18.2. We will reply by email within 14 days of receiving the complaint. If we need more information, we will ask for it within that time. If we do not reply within 30 days of receiving the complaint, it is deemed accepted.
18.3. To report a technical problem, contact us at the same address. We do not offer a service level agreement (SLA) or an uptime guarantee unless agreed in writing.
19. Rights of Consumer-Status Sole Traders
19.1. This Section applies only to Consumer-Status Sole Traders.
19.2. Right of withdrawal. You may withdraw from the agreement within 14 days of concluding it without giving a reason, by sending a statement to legal@tocaller.com. You may use the model withdrawal form in Annex 2 to the Polish Consumer Rights Act, but you do not have to. We will confirm receipt and refund your payments within 14 days, using the same payment method.
19.3. If you ask us to start providing paid Services before the 14 days pass, you must pay for the Services provided until you withdraw, in proportion to the full price. Amounts used from your Balance for Numbers and calls are therefore not refunded. You lose the right of withdrawal if the Service has been fully provided at your express request, after you were told you would lose it.
19.4. Sections 21.2 and 21.3 do not limit our liability towards you where the law does not allow it.
20. Service Availability and Changes to the Platform
20.1. We work to keep the Platform available at all times, but we do not guarantee uninterrupted or error-free operation. We may carry out maintenance, preferably at times of low use, and announce planned maintenance in the app in advance where possible. Urgent maintenance may be carried out without notice.
20.2. We develop the Platform continuously and may update its design and features. Changes that remove or limit a feature of your paid plan, or affect its price, follow Section 11.
21. Liability
21.1. Each party is liable for non-performance or improper performance of the agreement under Polish law, subject to this Section.
21.2. To the extent permitted by law, we are not liable for: lost profits, revenue, business or goodwill; indirect damage; damage caused by your Users, your configuration, your devices or internet connection; failures of carriers, networks or third-party services we do not control (unless we were at fault in choosing them); or damage caused by force majeure.
21.3. To the extent permitted by law, our total liability under the agreement is limited to the fees you paid us in the 12 months before the event that caused the damage, or USD 100 if you paid nothing.
21.4. These limits do not apply to damage we cause intentionally or through gross negligence, to personal injury, or to any other liability that cannot be limited by law.
21.5. You are liable to us for damage caused by your breach of these Terms or of the law when using the Services, including fines, carrier charges and reasonable legal costs we incur because of unlawful calls, unlawful recording or fraud in your Workspace.
22. Third-Party Services
The Services rely on, or link to, third-party services such as carriers and payment, hosting, AI and chat providers, and the Website may link to third-party websites. Their own terms and privacy policies may apply to your use of them. We are not responsible for services that third parties operate independently of us, without prejudice to Sections 7.7 and 21.
23. Changes to These Terms
23.1. We may change these Terms for the reasons listed in Section 11.4, or to clarify them, fix errors or reflect new Services.
23.2. We will send you the new version, with the changes indicated, by email and show it in the app within the notice period in Section 11.1 before it takes effect. If you do not accept it, you can terminate the agreement free of charge before that date under Section 11.3. If you do not terminate, the new Terms apply from that date. Section 11.5 applies to changes that are only to your benefit or are required by law.
23.3. Changes to plans and prices always follow Section 11.
24. Governing Law and Disputes
24.1. These Terms and the agreement are governed by the laws of Poland.
24.2. Before going to court, please contact us under Section 18 so we can try to resolve the matter amicably.
24.3. Disputes will be resolved by the common court competent for our registered place of business. This does not apply to Consumer-Status Sole Traders, who may bring claims before the courts competent under general rules. It also does not deprive them of the protection of mandatory law that would apply without these Terms.
25. Final Provisions
25.1. Notices to you are sent by email to the Workspace owner’s address or shown in the app; notices to us are sent to legal@tocaller.com.
25.2. If any provision of these Terms is found invalid or unenforceable, the rest of the Terms remain in force, and the invalid provision is replaced by a valid one that best reflects its purpose.
25.3. You may not transfer the agreement without our consent. We may transfer it to a successor of our business, and we will tell you in advance.
25.4. These Terms are written in English. If we publish them in another language and the versions differ, the English version prevails, except where the law requires otherwise.
25.5. Neither party is liable for delays or failures caused by events beyond its reasonable control, such as natural disasters, war, power outages or carrier network failures (force majeure).
26. Company Information
- Registered address: Bielnikowa 7, 96-300 Żyrardów, Poland
- Register: Central Registration and Information on Business (CEIDG)
- NIP: 5242969291
- REGON: 525030486
- Email: legal@tocaller.com