Founding pilot terms

1. Parties and documents

The agreement comprises the signed pilot order, these terms, the data-processing schedule, the Customer's approved AI playbook and any document expressly incorporated in writing. The pilot order prevails if it expressly states that a specific term is different.

2. Pilot status

CallGain is a pre-release pilot product, not a generally available or fully proven service. Features may be incomplete, changed, paused or withdrawn. Interruptions, defects and integration differences may occur, and AI output may be incomplete or incorrect.

The pilot tests technical reliability, caller engagement and commercial value. CallGain will use reasonable care and skill, but the service does not replace the Customer's staff, professional judgement, emergency arrangements, voicemail or business-continuity procedures.

3. Pilot service

The pilot order will identify the enabled number, department or call flow. Depending on that order, the pilot may include missed/abandoned-call events, duplicate and opt-out suppression, approved service SMS, two-way replies, AI-assisted qualification, classification and summarisation, lead alerts, transcripts, outcome reporting and reasonable configuration support.

Only features expressly listed in the pilot order are included. Any price, allowance, pilot length or setup commitment displayed on the website is indicative until confirmed in that order.

4. Excluded and prohibited use

Unless expressly agreed in writing, CallGain does not answer calls by voice, dispatch emergency help, guarantee delivery or a callback, diagnose a fault, give regulated advice, quote or negotiate prices, take payment, make a contract with a caller, promise attendance or guarantee a commercial result.

The Customer must not use the pilot for:

• emergency or safety-critical services where failure could cause death, injury or serious damage;
• medical, legal, financial or specially regulated workflows without a separate written assessment;
• cold marketing, bought lists or promotional messages outside the approved workflow;
• unlawful, deceptive, discriminatory or harassing communications;
• collecting payment credentials, passwords or unnecessary sensitive information; or
• any purpose outside the approved AI playbook.

5. Customer responsibilities

The Customer must provide accurate configuration, obtain authority to connect its communications systems, approve all caller-facing messages and questions, identify eligible triggers, maintain lawful privacy information and lawful bases, respond promptly to urgent or escalated leads, secure its users and destinations, and tell CallGain promptly about errors, complaints, opt-outs or incidents.

The Customer remains responsible for its services, promises, pricing, staff decisions, caller relationship and compliance as controller. It must not present AI output as verified professional advice or assume that CallGain has contacted or dispatched anyone unless that action is expressly integrated and confirmed.

6. Charges and messages

Charges, setup fee, included usage and any fair-use limit will be stated in the pilot order. Unless that order says otherwise, charges exclude VAT where applicable, setup work may be invoiced on acceptance, and monthly fees are payable in advance.

Additional SMS, telephone, third-party or integration costs are payable only if disclosed and accepted. Late or unpaid accounts may be suspended after reasonable notice. Website pricing is an invitation to discuss a pilot, not an offer capable of acceptance by clicking or emailing.

7. Availability, changes and support

No uptime service level applies during the pilot unless the order states one. CallGain may make reasonable changes to improve safety, security, compliance or performance, and may temporarily suspend a workflow to prevent incorrect or unlawful contact. Material changes will be explained where reasonably practical.

The Customer should maintain a fallback route for incoming calls and must not rely on CallGain as its sole communication or emergency channel.

8. AI, review and feedback

AI works only within the approved playbook and guardrails but may still misunderstand a caller. The Customer must review leads before acting and decide when human intervention is required.

The Customer may provide pilot feedback. CallGain may use non-confidential feedback to improve the service. Identifiable caller conversations will not be used to train a general-purpose model for CallGain's own benefit unless separately disclosed, assessed and agreed.

9. Data protection

Each party must comply with applicable UK data-protection law. The Customer will normally be controller for caller and lead data; CallGain will normally be processor. Before live data is processed, the parties must sign a data-processing schedule covering subject matter, duration, data types, people, documented instructions, confidentiality, security, subprocessors, rights assistance, breaches, deletion, audits and international transfers.

The final subprocessor list, retention settings, hosting locations, transfer safeguards and incident contacts must be recorded in the pilot order or data-processing schedule.

10. Confidentiality and intellectual property

Each party must keep the other's non-public business, technical and customer information confidential and use it only for the pilot, except where disclosure is legally required or to bound advisers.

Each party retains its existing intellectual property. CallGain retains the service, brand, software, workflows, templates and improvements. The Customer retains its business information and customer data, and grants CallGain the limited rights needed to provide the pilot.

11. Liability

The final liability cap and insurance position must be agreed before signature. Subject to rights that cannot legally be excluded, neither party will be liable for indirect or consequential loss. CallGain does not guarantee a lead, sale, revenue amount, message delivery or caller response.

[LEGAL REVIEW REQUIRED: insert the agreed cap, exclusions and any uncapped liabilities before these terms are used.]

12. Term and ending the pilot

The pilot begins on the date stated in the order. Either party may end it on the notice stated there; if none is stated, either may give 14 days' written notice. A party may suspend or end immediately for serious breach, unlawful use, security risk, non-payment after notice or risk of material harm.

On ending, access stops and Customer data will be returned or deleted in accordance with the signed data-processing schedule, subject to lawful retention. Accrued fees, confidentiality, intellectual property, data protection and clauses intended to survive will continue.

13. General

The parties are independent contractors. Neither may transfer the agreement without consent, except as part of a genuine business reorganisation with suitable protections. Neither is liable for delay caused by events reasonably beyond its control, but must try to reduce the effect.

Changes must be agreed in writing. If part of the agreement is unenforceable, the rest continues. A failure to enforce a term is not a waiver. The agreement is governed by the law of England and Wales, and its courts will have exclusive jurisdiction.

Contact: hello@callgain.co.uk.