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Terms of Service (Regulamin swiadczenia uslug)

Status: DRAFT — Requires legal review before publication. Effective date: [DATE] Last updated: [DATE] Legal basis: Ustawa o swiadczeniu uslug droga elektroniczna; Prawo komunikacji elektronicznej (Dz.U. 2024 poz. 1221); Ustawa o prawach konsumenta; Kodeks cywilny

1. Definitions

For the purposes of these Terms:

  • Service — the browser-based international calling service operated at [WEBSITE_URL], including standard calls and AI-translated calls.
  • Provider / we / us — [LEGAL_NAME], sole trader (Jednoosobowa dzialalnosc gospodarcza) registered in Poland, NIP: [NIP_NUMBER], REGON: [REGON_NUMBER], CEIDG, entered in the register of telecommunications entrepreneurs maintained by the President of UKE under number [UKE_NUMBER]. Contact: [CONTACT_EMAIL].
  • User / you — any natural person who creates an account and uses the Service.
  • Consumer — a User who is a natural person acting for purposes outside their trade, business, craft, or profession (Art. 22^1 Kodeks cywilny).
  • Account — a user account created via email/password or OAuth provider (Google, Apple).
  • Credits — prepaid call credits purchased by the User and consumed on a per-minute basis during calls. Credits are currently denominated in United States Dollars (USD). We may introduce additional currencies in the future.
  • Standard Call — a call routed to the PSTN (public switched telephone network) without AI translation.
  • Translated Call — a call with real-time AI-powered translation between two languages.
  • Caller ID — a verified phone number displayed to the call recipient as the calling number.
  • Inactive Account — an Account with no call or top-up activity for 18 consecutive months.

2. Agreement to Terms

By creating an Account or using the Service, you agree to be bound by these Terms of Service ("Terms"), our Privacy Policy, and our Cookie Policy. If you do not agree, you may not use the Service.

These Terms constitute a legally binding agreement between you and [LEGAL_NAME].

3. Description of Service

Parlacall is a browser-based international calling platform. The Service allows you to:

  • Make international phone calls directly from your web browser to phone numbers worldwide.
  • Use AI-powered real-time translation during calls, enabling conversations across language barriers.
  • Verify your phone number as a Caller ID so recipients see your number when you call.

The Service operates on a prepaid credit model. You purchase Credits in advance and consume them on a per-minute basis during calls. Rates vary by destination country, number type (landline, mobile, premium), and whether AI translation is enabled.

The Provider is registered as a telecommunications entrepreneur with the Office of Electronic Communications (UKE) under number [UKE_NUMBER], providing Number-Based Interpersonal Communication Services (NB-ICS) pursuant to Art. 10 of the Prawo komunikacji elektronicznej.

4. Data Processing and Telecommunications Secrecy

Our processing of your personal data is governed by our Privacy Policy, incorporated into these Terms by reference. We process personal data in accordance with the General Data Protection Regulation (EU) 2016/679 ("GDPR") and the Polish Act on the Protection of Personal Data.

We are bound by the obligation of telecommunications secrecy (tajemnica telekomunikacyjna) under the Prawo komunikacji elektronicznej. The content of your calls and call metadata are protected. We may disclose such information only in circumstances expressly permitted by law.

5. Eligibility and Account Registration

5.1 Eligibility

You must be at least 16 years old to use the Service. By using the Service, you represent and warrant that you meet this age requirement.

5.2 Account Registration

To use the Service, you must create an Account by providing a valid email address and password, or by authenticating through a supported third-party provider (Google or Apple). You agree to:

  • Provide accurate, current, and complete registration information.
  • Maintain and promptly update your Account information.
  • Maintain the security of your Account credentials.
  • Accept responsibility for all activities that occur under your Account.
  • Notify us immediately of any unauthorized use of your Account.

You may not create more than one Account. We employ technical measures to detect and prevent duplicate account creation, including email normalization and disposable email detection.

5.3 Account Security

You are solely responsible for safeguarding your Account credentials. We will not be liable for any loss or damage arising from your failure to maintain the security of your Account.

6. Call Credits and Billing

6.1 Prepaid Credits

The Service uses a prepaid credit model. You must purchase Credits before making calls. Credits are currently denominated in United States Dollars (USD).

6.2 Pricing

Call rates are charged on a per-minute basis and vary by:

  • Destination country — rates differ for each of the 222+ supported countries.
  • Call mode — Translated Calls have a higher per-minute rate than Standard Calls.
  • Number type — rates differ between landline, mobile, and premium numbers.

Current rates are displayed on our Pricing and Rates pages. All rates are shown in USD and do not include VAT or other taxes, which may apply depending on your jurisdiction (see Section 6.7).

Each call is charged at the rate displayed to you immediately before you initiate that call. Rates are variable and may be updated on the Website from time to time. You always see and confirm the applicable rate before a call begins. Active calls in progress are billed at the rate that was displayed when the call was initiated.

6.3 Billing

Calls are billed in 60-second increments. Any partial minute is rounded up to the next full minute.

Before a call begins, we reserve an estimated amount from your wallet balance based on the applicable rate and estimated duration. During the call, reserved funds are consumed incrementally. When the call ends, we calculate the actual cost based on actual duration, and release any excess reserved funds back to your wallet immediately. You are never charged more than the actual cost of the call.

6.4 Payment Processing

Payments are processed by Stripe, Inc., a PCI DSS Level 1 certified payment processor. We do not store, process, or have access to your full payment card details. All payment information is handled directly by Stripe in accordance with their terms of service and privacy policy.

6.5 No Automatic Renewal

Credit purchases are one-time transactions. We do not charge your payment method automatically or on a recurring basis. You choose when and how much to top up.

6.6 Credit Validity and Inactive Accounts

Credits remain valid and available for use as long as your Account is active. However:

  1. Inactive Accounts. If your Account has had no call or top-up activity for 18 consecutive months (an "Inactive Account"), we reserve the right to close the Account, subject to the notification procedure below.
  2. Notification before closure. Before closing an Inactive Account, we will send you email notifications at the address associated with your Account:
    • First notice at 12 months of inactivity: informing you that your Account will be closed in 6 months if no call or top-up activity occurs.
    • Second notice at 16 months of inactivity: final warning that your Account will be closed in approximately 60 days unless you make a call or top up.
    • Final notice at 18 months: confirmation that the Account has been closed.
  3. Reactivation. Any call or top-up during the inactivity period resets the 18-month counter. Logging in alone does not reset the counter.
  4. Refund of unused Credits after closure. If you contact us within 12 months after Account closure due to inactivity, we will refund your remaining unused Credits via the original payment method (or an alternative method you specify) upon verification of your identity. After 12 months, unused Credits are non-recoverable.
  5. Consumer rights preserved. This inactivity clause does not affect your statutory rights under EU consumer protection law. If you are a Consumer and believe your Account was closed improperly, you may file a complaint under Section 17.

6.7 Taxes

All prices and rates displayed on the Website are in USD and do not include VAT or other applicable taxes. You are responsible for any taxes, duties, or levies (including VAT) imposed by your jurisdiction on the purchase of Credits or use of the Service. If we are required by law to collect VAT or other taxes, the applicable tax will be shown separately during the checkout process before you confirm your purchase.

7. Right of Withdrawal (EU Consumers)

If you are a Consumer located in the European Union, you have the right to withdraw from a credit purchase within 14 calendar days of the purchase date, without giving any reason, in accordance with Directive 2011/83/EU as transposed into Polish law (Ustawa o prawach konsumenta). The 14-day period is set by EU law and cannot be shortened.

7.1 Consent to Immediate Performance

Before completing a credit purchase, you will be asked to expressly consent to the immediate commencement of service performance before the withdrawal period expires, and to acknowledge that:

  • Each call you make consumes a portion of the purchased Credits.
  • Your withdrawal right is proportionally reduced by the value of Credits consumed.
  • If all purchased Credits are consumed before the withdrawal period ends, the right of withdrawal is fully exhausted.

This consent is obtained before payment in accordance with Art. 38 pkt 1 Ustawy o prawach konsumenta. The purchase cannot be completed without providing this consent.

7.2 How to Withdraw

To exercise your right of withdrawal, you must inform us of your decision by a clear statement sent to [CONTACT_EMAIL] within 14 calendar days of the purchase. You may use the following model withdrawal form, but it is not mandatory:

To: [LEGAL_NAME], [CONTACT_EMAIL] I hereby give notice that I withdraw from my contract for the purchase of call credits on [DATE], order reference [STRIPE_SESSION_ID]. Name: [YOUR_NAME] Email: [YOUR_EMAIL] Date: [DATE]

7.3 Refund on Withdrawal

If you withdraw, we will reimburse you for unused Credits without undue delay, and in any event no later than 14 days from the day on which we are informed of your decision. The consumed amount will be deducted proportionally based on the rates applicable to calls made. We will use the same means of payment as you used for the initial transaction, unless you expressly agree otherwise. You will not incur any fees as a result of the reimbursement.

8. Refund Policy (Beyond Withdrawal Period)

After the 14-day withdrawal period has expired:

8.1 Technical Errors

If a call resulted in a technical error on our side (failed connection where no audio was established, billing error, duplicate charge), we will credit your wallet with the appropriate amount automatically or upon request. Contact [CONTACT_EMAIL] with the affected call details.

8.2 Voluntary Refunds

Refunds for unused Credits beyond the withdrawal period are not guaranteed but may be granted on a case-by-case basis at our discretion. To request a voluntary refund, contact [CONTACT_EMAIL]. We will respond within 14 days.

8.3 Non-Refundable Situations

Credits are not refundable in the following situations:

  • Credits consumed on completed calls (calls where audio was established).
  • Credits forfeited due to Account termination for Terms violations (Section 16.2).
  • Credits forfeited due to Account inactivity after the full notification procedure (Section 6.6).

8.4 Refund Processing

Refunds, when granted, are processed within 5-7 business days via the original payment method.

8.5 Anti-Abuse

We reserve the right to decline voluntary (non-statutory) refund requests where we detect patterns of abuse, including but not limited to:

  • Repeated purchases followed by immediate withdrawal requests with no or minimal service usage.
  • Multiple accounts created to exploit the withdrawal right or promotional offers.

This anti-abuse clause does not restrict your statutory right of withdrawal (Section 7) or any rights under applicable payment-scheme rules. If we decline a refund request for suspected abuse, we will explain our reasoning and you may escalate through the complaints procedure.

9. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree NOT to:

  1. Use the Service for any purpose that is illegal or prohibited by these Terms.
  2. Make calls for the purpose of fraud, scams, phishing, or social engineering.
  3. Conduct automated or mass calling operations (robocalling, telemarketing, or call center operations) without our prior written consent.
  4. Harass, threaten, intimidate, or abuse any person via the Service.
  5. Impersonate any person or entity, or falsely claim an affiliation with any person or entity.
  6. Verify a phone number as a Caller ID that you do not own or are not authorized to use.
  7. Interfere with, disrupt, or attempt to gain unauthorized access to the Service, its servers, or networks.
  8. Reverse engineer, decompile, or disassemble any part of the Service, except as permitted by applicable law (e.g., EU Directive 2009/24/EC on software interoperability).
  9. Use the Service to transmit malware, spam, or unsolicited communications.
  10. Resell, redistribute, or sublicense access to the Service without our prior written consent.
  11. Exploit the withdrawal right, refund policy, or any promotional offers in bad faith.

9.1 Consequences of Violation

Violation of these rules may result in:

  • Warning — for first-time or minor violations, we may issue a written warning with an explanation.
  • Temporary suspension — Account access suspended for a defined period (typically 7-30 days) while we investigate.
  • Permanent termination — for serious or repeated violations, your Account may be permanently terminated.

In cases of serious violations (fraud, illegal activity, mass calling without authorization), we may suspend your Account immediately without prior warning to prevent further harm. We will notify you of the reason for suspension within 48 hours.

Credit forfeiture upon termination for cause is proportionate to the severity of the violation. Where a violation is minor and Credits were legitimately purchased, we may refund unused Credits at our discretion.

10. Call Quality and Availability

10.1 Availability

The Service is provided on an "as available" basis. We aim to maintain high availability but do not guarantee uninterrupted service. We may suspend or restrict access for maintenance, updates, or other operational reasons.

10.2 Call Quality

Call quality depends on multiple factors outside our control, including:

  • Your internet connection speed and stability.
  • The recipient's phone network and signal strength.
  • Network congestion along the call route.
  • Your device's microphone and speaker quality.

We are not liable for poor call quality caused by factors beyond our reasonable control.

10.3 Translation Limitations

AI translation is provided by a third-party AI model and is offered on a best-effort basis. Translation is NOT guaranteed to be:

  • 100% accurate or complete.
  • Suitable for legal, medical, financial, or emergency communications.
  • Free from errors, omissions, or misinterpretations.

You acknowledge that AI translation is an assistive technology and should not be relied upon where precise communication is critical. The Service is not intended for emergency communications. For emergency situations, contact emergency services directly using a traditional telephone (see Section 12).

11. AI Translation Disclaimer

The AI translation feature is powered by third-party artificial intelligence technology. By using this feature, you acknowledge and agree that:

  1. Translation is approximate. AI translation may contain errors, omissions, or contextual misinterpretations. Quality varies by language pair, accent, background noise, and speaking speed.
  2. Not suitable for critical communications. Do NOT rely on AI translation for legal proceedings, medical consultations, emergency communications, financial transactions, or any situation where miscommunication could cause harm.
  3. No human review. Translations are generated in real time by an AI model. No human translator reviews or verifies the output.
  4. Audio is processed in real time. During a Translated Call, your voice audio is transmitted to our AI translation service for real-time processing. Audio is processed in real time and is not recorded or stored by us. Our sub-processors' data handling is described in our Privacy Policy.
  5. Continuous improvement. Translation quality may vary over time as the underlying AI model is updated.

12. Emergency Services Disclaimer

PARLACALL IS NOT A REPLACEMENT FOR YOUR TRADITIONAL TELEPHONE SERVICE.

The Service does NOT support calls to emergency services (such as 112 in the EU, 911 in the US, or equivalent numbers in other jurisdictions). The Service cannot determine your physical location, which means emergency services cannot be dispatched to your location even if a connection were established. You must maintain access to a traditional telephone service (landline or mobile) capable of reaching emergency services.

We are not liable for any inability to reach emergency services through our platform. By using the Service, you acknowledge this limitation.

13. Caller ID Verification

The Service allows you to verify a phone number as your Caller ID, so that recipients see your number when you call. By using this feature, you represent and warrant that:

  1. You own or are the authorized user of the phone number you verify.
  2. You will not verify a phone number belonging to another person or entity without their explicit consent.
  3. You will not use Caller ID verification for impersonation, fraud, or deception.

We verify phone numbers via SMS one-time passwords (OTP). We reserve the right to revoke any verified number at any time if we suspect misuse, with notification to the Account holder.

14. Intellectual Property

14.1 Our Intellectual Property

The Service, including its design, interface, software, features, and content (excluding user-provided data), is owned by or licensed to [LEGAL_NAME] and is protected by Polish and EU copyright, trademark, and other intellectual property laws.

14.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial purposes in accordance with these Terms.

14.3 Restrictions

You may not copy, modify, distribute, sell, lease, reverse engineer, or create derivative works from any part of the Service, except as expressly permitted by these Terms or by applicable law.

15. Privacy and Call Data

We collect and process call metadata (destination number, call duration, cost, timestamps, Caller ID used) for billing and service operation. We do NOT record or store the audio content of your calls. Our sub-processors' data handling is described in our Privacy Policy.

For complete details on how we collect, use, and protect your data, please refer to our Privacy Policy.

16. Account Suspension and Termination

16.1 By You

You may close your Account at any time by contacting us at [CONTACT_EMAIL]. Upon Account closure:

  • Your remaining unused Credits may be refunded in accordance with our Refund Policy (Section 8).
  • Your Account data will be deleted in accordance with our Privacy Policy, subject to legally required retention periods.

16.2 By Us (for Cause)

We may suspend or terminate your Account if:

  • You materially violate these Terms.
  • We are required to do so by law or regulatory order.
  • We have reasonable grounds to believe your Account is being used for fraudulent or illegal activity.

Before termination, except in cases of serious violations requiring immediate action (fraud, illegal activity, security threats), we will:

  • Notify you by email of the violation and the proposed action.
  • Give you 14 days to remedy the violation (where the violation is remediable).

Upon termination for cause:

  • Credits may be forfeited proportionally to the severity of the violation (see Section 9.1).
  • Your access to the Service will be revoked.
  • You may file a complaint under Section 17 if you believe the termination was unjustified.

16.3 Inactivity

Accounts may be closed due to inactivity in accordance with Section 6.6. This is not a termination for cause and follows the notification procedure described in that section.

16.4 Effect of Termination

Upon termination, your right to use the Service ceases. Sections that by their nature should survive termination will survive, including but not limited to: Limitation of Liability, Indemnification, Governing Law, Complaints Procedure, and Intellectual Property.

17. Complaints Procedure (Procedura reklamacyjna)

In accordance with the Prawo komunikacji elektronicznej, we maintain the following complaints procedure:

17.1 Filing a Complaint

You may file a complaint regarding the Service (billing errors, call quality issues, service interruptions, Account actions) by sending a written statement to [CONTACT_EMAIL]. Your complaint should include:

  • Your name and Account email address.
  • A description of the issue, including relevant dates, call details, and amounts.
  • Your requested resolution.

17.2 Processing Timeline

  • We will acknowledge receipt of your complaint within 14 days.
  • We will issue a substantive response within 30 days from the date of receipt.
  • If we fail to respond within 30 days, your complaint is deemed accepted (reklamacja uznana) in its entirety, in accordance with the Prawo komunikacji elektronicznej. There are no extensions to this deadline.

17.3 Escalation

If you are not satisfied with the outcome of the complaints procedure, you may:

  1. Request mediation or arbitration through the President of UKE (Urzad Komunikacji Elektronicznej), ul. Gielmowa 11, 00-060 Warszawa, https://www.uke.gov.pl/.
  2. Bring a claim before the competent court (see Section 21).

18. Limitation of Liability

18.1 Limitation

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, [LEGAL_NAME] SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

  1. Your access to, use of, or inability to access or use the Service.
  2. Any conduct or content of any third party on the Service.
  3. Unauthorized access, use, or alteration of your transmissions or content.
  4. Inaccuracies in AI translation.
  5. Call quality issues caused by factors outside our control.

18.2 Cap on Liability

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT YOU HAVE PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM.

18.3 Consumer Rights Preserved

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for:

  • Death or personal injury caused by negligence.
  • Fraud or fraudulent misrepresentation.
  • Any liability that cannot be excluded under EU consumer protection law (Directive 93/13/EEC, Ustawa o prawach konsumenta).
  • Intentional damage (wina umyslna) under Polish law.

If you are a Consumer in the European Union, you benefit from mandatory consumer protection provisions of the law of the country in which you reside. Nothing in these Terms affects your rights as a Consumer under such mandatory provisions.

19. Indemnification

You agree to indemnify, defend, and hold harmless [LEGAL_NAME] from and against any claims, damages, or expenses arising from:

  1. Your violation of these Terms.
  2. Your violation of any third-party right, including any intellectual property, privacy, or property right.
  3. Your misuse of the Caller ID verification feature.
  4. Any illegal activity conducted through the Service.

This indemnification obligation does not apply to Consumers where the claim arises from our negligence, breach of these Terms, or any other circumstance where the Consumer is not at fault. This clause does not create obligations that would be considered unfair under Directive 93/13/EEC.

20. Modifications to Service and Terms

20.1 Service Updates

We continuously improve the Service. Routine updates (new features, UI improvements, bug fixes, security patches) are published without prior notice. No notification is required for changes that do not materially reduce the functionality or availability of the Service.

For changes that materially reduce the functionality or availability of the Service to your detriment, we will notify affected Users via email at least 30 days before the change takes effect, on a durable medium, in accordance with EECC Article 105(4) and PKE Article 306. Consumers have the right to terminate the agreement without penalty before such changes take effect.

20.2 Terms Modifications

We may revise these Terms. If we make material changes, we will:

  • Post the revised Terms on the Website with an updated "Last updated" date.
  • Notify registered Users via email at least 30 days before the changes take effect, on a durable medium.

If you do not agree to the revised Terms, you may terminate your Account and request a refund of unused Credits before the changes take effect. If you continue to use the Service after the effective date, you accept the revised Terms.

For Consumers: Material changes to your detriment give you the right to terminate the agreement without penalty before the changes take effect, in accordance with the Prawo komunikacji elektronicznej.

21. Governing Law and Dispute Resolution

21.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the Republic of Poland.

21.2 Consumer Rights

If you are a Consumer habitually resident in the European Union, you additionally benefit from the mandatory consumer protection provisions of your country of residence. Nothing in these Terms deprives you of those protections.

21.3 Dispute Resolution

We encourage you to contact us first at [CONTACT_EMAIL] to seek an amicable resolution. If a dispute cannot be resolved amicably:

  • Consumers may request mediation or arbitration through UKE (Section 17.3).
  • Any disputes shall be submitted to the jurisdiction of the competent courts in [CITY], Poland. Consumers may also bring proceedings in the courts of their habitual residence, as required by EU consumer protection law (Regulation 1215/2012, Art. 18).

22. General Provisions

22.1 Entire Agreement

These Terms, together with the Privacy Policy and Cookie Policy, constitute the entire agreement between you and [LEGAL_NAME] regarding the Service.

22.2 Severability

If any provision of these Terms is held to be invalid, unfair, or unenforceable (including under Directive 93/13/EEC), such provision shall be struck to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

22.3 Waiver

Our failure to enforce any right or provision of these Terms shall not be considered a waiver of such right or provision.

22.4 Assignment

You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights under these Terms in connection with a merger, acquisition, or sale of assets, with 30 days' prior notice to you.

22.5 Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms where such failure or delay results from events beyond our reasonable control, including but not limited to natural disasters, war, terrorism, epidemics, government action, network failures, or failures of third-party service providers.

23. Contact

If you have questions about these Terms, please contact us:

Email: [CONTACT_EMAIL] [LEGAL_NAME] [STREET_ADDRESS] [POSTAL_CODE] [CITY], Poland NIP: [NIP_NUMBER] UKE Registry: [UKE_NUMBER]

DISCLAIMER: This document is a template for informational purposes. Consult with a qualified attorney licensed in Poland and familiar with EU consumer protection law, the Prawo komunikacji elektronicznej, and Directive 93/13/EEC for legal advice specific to your situation.