Terms of Service

1. Definitions

For the purposes of these Terms, the following definitions apply:

• "Company": SmartestVoice, based in Athens, Greece, providing the Service.
• "Service": the SaaS service "AI phone receptionist / AI voice secretary", including call answering and routing, automated speech recognition (ASR), dialogue management, text-to-speech (TTS), call metadata logging and storage, generation of transcripts and summaries, and an administration dashboard.
• "Customer": any natural or legal person that enters into a subscription/order for the Service, primarily professionals and businesses.
• "End User": any person interacting with the Service, including callers and call recipients.
• "Customer Data": any data the Customer inputs or provides, or that is generated on the Customer's behalf through the Service, including audio recordings, transcripts, summaries, call metadata, configuration files, contact lists, and instructions.
• "Call Content": the audio content of a call, the transcript, and any summary or extracted outputs.
• "Sub-processor": a third party that processes data on behalf of the Company and/or the Customer, as applicable.
• "ElevenLabs": ElevenLabs, acting as a provider of voice AI services (ASR / dialogue processing / TTS) with processing in the United States, as further described in the DPA.

2. Acceptance – binding effect

By registering for, accessing, or using the Service, the Customer confirms it has authority to bind the entity it represents and accepts these Terms without reservation.

3. Description of the Service – permitted use

The Service provides AI voice-agent functionality that answers calls, gathers information, routes calls and messages, generates transcripts and summaries, and notifies the Customer.

The Customer must use the Service lawfully, in accordance with these Terms, the applicable order/subscription, and the Company's instructions.

4. Account creation – credential security

The Customer must provide accurate information, protect login credentials, implement appropriate user permissions, and promptly notify the Company of any suspected unauthorized access or security incident.

5. Data roles and responsibilities

The Service may involve processing of personal data.

Where the Customer determines the purposes and means of processing for calls and contacts, the Customer acts as Controller and the Company as Processor, as set out in the DPA.

In limited cases (e.g., account management, billing, service security), the Company acts as Controller for its own processing activities, as described in the Privacy Policy.

6. Caller transparency – Customer obligations for lawful use

Built-in AI disclosure. By default, the Service announces at the start of every call that the caller is speaking with an artificial intelligence system and not a human, in line with Article 50(1) of Regulation (EU) 2024/1689 (AI Act) and Greek Law 5321/2026. The Customer may adapt the wording but may not remove it, delay it, or make it misleading.

The Customer is responsible for configuring and using the Service so that End Users receive appropriate information and choices. In particular, the Customer must:

• ensure a lawful basis for processing personal data and, where required, provide notices and obtain consents, under Regulation (EU) 2016/679 (GDPR) and Greek Law 4624/2019,
• clearly inform callers that they are interacting with an AI system and not a human. This must be done in a timely manner, typically at the beginning of the call, and must not be designed to mislead,
• where call recording is enabled, ensure that callers are informed in advance that the call is recorded, of the purpose(s) of recording, and of the relevant privacy information, under Article 4(3) of Greek Law 3471/2006. The Customer must not enable recording in a manner that violates confidentiality of communications or data-protection law,
• configure pre-answer messages, IVR statements, disclosures, and routing logic to match the Customer's specific legal and sectoral requirements, including professional confidentiality duties where applicable,
• not request, collect, or input special category data or other highly sensitive information through the Service, unless the Customer has ensured all conditions for lawful processing and appropriate safeguards.

7. Prohibited uses

The Service must not be used for:

• misleading third parties regarding identity or the nature of the system, including impersonating humans or creating the false impression of a human operator,
• violating confidentiality of communications or performing unlawful recording, monitoring, or surveillance,
• harassment, threats, defamation, fraud, or unlawful promotion,
• circumventing security measures, reverse engineering, or interfering with the Service,
• robocalling, spam, or mass-calling without a proper legal basis and the required consents. In particular, outbound automated calls for promotional or advertising purposes are allowed only with the recipient's prior express consent (Article 11(1) of Greek Law 3471/2006),
• providing or requesting unlawful instructions or facilitating illegal acts.

8. Trust & Safety measures

The Company applies measures to protect the security and integrity of the Service. These may include:

• abuse detection and investigation, including unusual calling patterns,
• access controls, event logging, and technical safeguards,
• Customer controls to enable or disable features (including recording) where available. The AI disclosure in Section 6 cannot be disabled,
• a reporting channel for trust & safety incidents at support@smartestvoice.com.

The Company may suspend or restrict the Service immediately if it reasonably believes there is a risk to security, to the rights of third parties, or a breach of these Terms.

9. Availability – support – changes

The Company uses reasonable efforts to maintain availability but does not guarantee uninterrupted operation. The Company may perform maintenance, updates, and feature changes.

Support terms are set out in the order/subscription or at https://www.smartestvoice.com/contact.

10. Intellectual property

The Company retains all rights in the Service, software, user interface, trademarks, and documentation.

The Customer retains rights in Customer Data and grants the Company a limited license to use Customer Data solely to provide, maintain, secure, and improve the Service in accordance with these Terms and the DPA.

11. AI limitations – no professional advice

The Customer acknowledges that the Service uses artificial intelligence and that:

• transcripts, summaries, and automated responses may contain errors or omissions,
• the Service does not substitute human judgment and does not provide professional advice (legal, medical, accounting, or otherwise),
• the Customer remains responsible for verifying critical information before making decisions or communicating to third parties.

12. Pricing – payments

Fees, billing model, and payment terms are set out in the order/subscription or at https://www.smartestvoice.com/pricing.

The Company may suspend access for overdue payments as permitted by the agreement.

13. Term – termination

The term and termination rules are set out in the order/subscription. Upon termination, the Customer may export Customer Data as described in the DPA and/or the Service.

14. Limitation of liability

To the maximum extent permitted by applicable law, the Company is not liable for indirect, special, incidental, or consequential damages, loss of profits, reputation, or data arising from use or inability to use the Service, including due to AI errors, third-party providers, or network failures.

The Company's aggregate liability is limited to the total fees paid by the Customer for the Service during the last 12 months preceding the harmful event, unless mandatory law requires otherwise.

15. Indemnity

The Customer shall indemnify and hold the Company harmless from third-party claims arising from the Customer's unlawful use of the Service, failure to provide required disclosures/consents (including AI transparency and recording notice), or infringement of third-party rights, to the extent attributable to the Customer's acts or omissions.

16. Governing law – jurisdiction

These Terms are governed by Greek law. The Courts of Athens shall have jurisdiction, unless mandatory law provides otherwise.

17. Contact

• Trust & Safety: support@smartestvoice.com
• Legal/contract: support@smartestvoice.com
• Postal address: Athens, Greece
• Phone: +30 2100140919