General Terms and Conditions of Sale and Use

Les présentes conditions (« CGVU ») régissent la relation entre H.D.L, société par actions simplifiée unipersonnelle (SASU) au capital de 1 000 €, 904 923 R.C.S., TVA FR32904923 (« l'Éditeur »), et toute personne créant un compte ou utilisant le service (« le Client »).

Elles définissent les conditions d'accès, d'utilisation et de facturation du service. Elles constituent le contrat applicable, sauf accord écrit particulier. Contact : bonjour@vitecall.fr.

Vitecall is online cold calling software: browser-based calls, simultaneous calls based on the plan, management of lists and contacts imported by the Client, call recording and transcription, statistics, audio and video team rooms, live monitoring of team activity and listening to ongoing calls by authorized users, SMS, and connections to third-party tools.

Features may evolve to improve the service.

The Client is responsible for their credentials, access security, and all usage made from their accounts and those of their users.

The Publisher may suspend or restrict access in the event of security risks, non-compliant use, violation of the T&Cs or Acceptable Use Policy, or payment default.

Vitecall is designed for professional (B2B) use. The Client declares they are acting for professional purposes. Any use involving individuals is done under their sole responsibility and in compliance with applicable regulations, including, since August 11, 2026, the prior agreement of the individual (Law No. 2025-594 of June 30, 2025, Article L.223-1 of the Consumer Code), authorized days and hours, and the prohibition of hidden numbers; these consent rules do not target professional contacts.

As the service is reserved for professionals, the right of withdrawal provided for consumers does not apply.

Prices are listed excluding taxes on the Pricing page. Subscriptions are payable in advance and are non-refundable, except where mandatory by law.

Monthly prices per licence: Solo €29 excluding VAT, Pro €99 excluding VAT, Intensif €229 excluding VAT; Custom by quotation. Quarterly payment receives a 10% discount and annual payment a 20% discount, paid upfront in a single payment for the selected term. The applicable price is the one confirmed when subscribing; this new pricing does not automatically change existing subscriptions.

Certain usages depend on actual consumption (call minutes, SMS, numbers, AI functions). Consumed credits are non-refundable.

In case of payment default, access may be suspended until regularized.

Calls and SMS are routed by third-party operators. The Publisher is not a party to the communications. Vitecall does not route emergency calls (15, 17, 18, 112...).

The Client may only display as a caller ID a number they have acquired or for which they have proven possession.

Vitecall is a technical tool. The Client alone chooses the numbers displayed, the number of lines used in parallel, the frequency, and the recipients of their calls. The Publisher exercises no control, supervision, or verification over these choices or the content of communications.

The Client is solely responsible for complying with the regulations applicable to the numbers used, including the national numbering plan and Arcep decisions regarding mobile numbers (06 and 07) and automated calling systems, as well as the terms of use of the operators providing these numbers. The Client declares to have read them before activating a number or a parallel calling session.

Number allocation by plan. During the 7-day trial, the Customer may request a number from support in the dashboard, subject to availability; allocation is not automatic. Solo: 1 call at a time with the Customer's own number; any trial number is withdrawn. Pro: 3 simultaneous calls and up to 3 connectable numbers. Intensif: 5 simultaneous calls and up to 5 connectable numbers. These limits do not represent numbers automatically provided or included in the price. Numbers must be requested from dashboard support, after review and confirmation of availability, costs and terms. A previously allocated trial number may be retained with an active Pro or Intensif subscription, and is withdrawn upon cancellation or switching to Solo. Parallel calling requires an eligible number as defined in section 6 bis, even when using a single connected number. Additional number requests are reviewed individually.

Provided numbers. Telephone numbers provided by Vitecall remain its exclusive property. They are assigned to the Client for the duration of the subscription, on a personal and non-transferable basis. Vitecall may modify, replace, or withdraw a number at any time, notably for technical or security reasons or at the request of an operator, without entitlement to compensation. Upon termination of the subscription or downgrade to the Solo plan, the number is removed and cannot be kept or transferred to another operator. The Client remains solely responsible for the use of the numbers, including compliance with telemarketing rules.

The provided number may have been previously used. It is withdrawn without compensation if the trial ends without a Pro, Intensive, or Custom subscription, or in case of cancellation at the end of the last paid period. Callbacks and SMS subsequently received on this number will no longer be forwarded to the Client, and the Publisher may reassign it. Clients wishing to keep a number after cancellation must use a number they own personally. The Client remains solely responsible for calls made with this number.

When a mobile number (06 or 07) is used, the Client agrees that it must be assigned by name to a single person, be reachable for callbacks, and never be shared between multiple users.

Vitecall does not provide mobile numbers (06 or 07). The Client may connect a mobile number held with a third-party operator; its acquisition, cost, and compliance with said operator's terms remain the Client's responsibility.

If an operator, Arcep, or any authority requests the suspension, restriction, or withdrawal of a number or usage, the Publisher may comply without notice or compensation. A number withdrawn by the operator does not entitle the Client to any refund of the current subscription.

The Client indemnifies the Publisher, its directors, employees, and subcontractors against any claim, penalty, demand, or action by a third party (operator, authority, called party) resulting from the use of numbers, calls made from their accounts, or any violation of these TOS or the law, and shall cover the resulting costs, damages, and legal fees.

The Solo plan allows Vitecall to be used only with numbers connected by the Client. It does not include the provision or purchase of numbers, and support is provided via self-service resources. Generally, plans cover the ability to connect numbers, not their acquisition: each number is subscribed to by the Client at their own expense with the operator of their choice, and the Publisher is not a party to the subscription contract for these numbers.

Subscriptions are offered monthly with no commitment, quarterly with a three-month commitment, or annually with a twelve-month commitment, paid upfront for the selected duration. On Pro and Intensive plans, the quarterly subscription entitles the Client to one number change per paid quarter and the annual subscription to two changes per year per number; the monthly subscription and Solo plan include none. These changes function as a credit: the Client must submit a written request to bonjour@vitecall.fr during the relevant period. No change is made without a request, and an unrequested change is not carried over to the next period, refunded, or converted into a discount. The new number is assigned based on availability and operator conditions.

Automatic number rotation is announced as a future feature and is not yet available. No purchased number is guaranteed to be new or free from being flagged as spam; its assignment is dedicated to the Client according to the operator's conditions.

The Client is solely responsible for the legality of their calls and recordings: oral announcement of the recording by the representative at the start of each conversation, obtaining required consents, and compliance with telemarketing rules and authorized time slots.

Recording and transcription of conversations are enabled by default for calls made through the service. Each user can disable recording for future calls in Configuration > Settings > Calls; previously recorded calls are not deleted by this change. Unanswered calls do not produce a conversation recording.

By using recording, the Client agrees to inform called parties before starting, to respect their objections, to have an appropriate legal basis, and to obtain their consent where applicable law requires. The Client remains responsible for the compliance of their campaigns and instructions to their users. This clause does not remove the Publisher's own legal obligations, particularly regarding security and data processing.

The parallel calling function, as well as any other automated calling mode, may only be used with verified multipurpose numbers, in accordance with the Arcep numbering plan (decision n° 2022-1583). For information, these numbers include those starting with 01 62, 01 63, 02 70, 02 71, 03 77, 03 78, 04 24, 04 25, 05 68, 05 69, 09 48, or 09 49.

Before using parallel mode, the Client must personally verify that the number is among these multipurpose numbers and provide proof upon the Publisher's first request (operator certificate or client portal screenshot). The Publisher may restrict the parallel calling function to accounts that have provided such proof.

All other numbers, whether mobile (06 and 07), landline (01 to 05), or 09, whether provided by Vitecall or connected by the Client, must be used exclusively for calls made one by one, each call being launched upon the explicit command of a user.

Each mobile number is reserved for a single user and may not be shared between multiple team members.

The Client agrees to use the parallel calling function, and any other automated calling mode, exclusively with the eligible numbers mentioned in this article, and not to activate this function with any other number. Any use contrary to this article is the sole and full responsibility of the Client, who indemnifies Vitecall against any claim, penalty, service interruption, or demand for compensation from an operator, authority, or third party.

In case of non-compliance with this article, the Publisher may, without notice or compensation, limit or disable the parallel calling function for the account concerned and take the measures provided for in Article 3 (suspension or restriction of access). The Client will be informed as soon as the measure is implemented.

The Sales floor allows users of the same team to meet in audio and video rooms, follow their colleagues' calling activity in real time and, for users authorized by the Customer, listen live to an ongoing conversation without intervening.

Team rooms transmit participants' voices in real time and, when they turn on their camera, their image. They are neither recorded nor transcribed by the Publisher. Each participant chooses whether to turn on their microphone and camera. The Customer ensures that its users make professional use of them, respectful of the people present.

Live listening is reserved for administrators, managers and users to whom the Customer has granted the right to view the team's history. The Customer alone determines who holds this right and is answerable for how its users use it.

The Customer is the controller of the processing that listening to its employees' conversations constitutes. It undertakes to use it only for legitimate and proportionate purposes, notably training, evaluation and quality improvement, not to set up any permanent or systematic listening, to inform the employees concerned individually and in advance of the existence of this system, its purposes and their rights, and to consult its staff representative bodies where required by law.

The Customer also undertakes to inform the people called, from the start of each conversation, that the conversation may be listened to or recorded, of the purpose of this system and of their right to object, and to respect that objection. This information may be given orally by the sales representative, with a reference to full information.

Each listening session is logged (author, employee listened to, date and time) for security and evidence purposes. Listening does not alter the call, its recording or the statistics of the employee listened to.

For these features, the Publisher acts on behalf of and on the instructions of the Customer within the meaning of Article 28 of the GDPR, under the conditions of Article 7 bis. The Customer indemnifies the Publisher against any claim, penalty or action resulting from use of these features contrary to this article or to applicable regulations, notably the French Labour Code and the CNIL's recommendations.

The Publisher may enable or disable team rooms for an account, notably depending on the plan subscribed, without giving rise to any compensation.

For contacts and calls imported or created by the Client, the Publisher acts as a data processor under the GDPR and only processes them to provide the service. For account management and billing, it acts as a data controller (see the Privacy page).

The Client guarantees having a legal basis for processing prospect data and respecting their rights (information, objection, deletion).

Certain data may be processed outside the European Union by service providers (telephony, artificial intelligence), with appropriate contractual guarantees.

Subject and duration: The Publisher processes, on behalf of the Client, the contact and call data necessary to provide the service for the duration of the subscription.

Nature and purpose: storage of contacts provided by the Customer, call dialling, recording, transcription and statistics, live listening to conversations by the Customer's authorized users, audio and video team rooms transmitted in real time without recording. Data subjects: the Customer's professional prospects, clients and contacts, and users. Data categories: identity, professional contact information, call history and content, users' voice and image in team rooms, listening log.

Publisher Commitments: process data only on documented instructions from the Client (these TOSU and service use); inform the Client if an instruction appears unlawful; guarantee the confidentiality of authorized persons; implement security measures described in the Privacy Policy; assist the Client in responding to rights requests and conducting impact assessments; notify any data breach promptly and no later than 48 hours after becoming aware of it; allow reasonable audits, upon thirty days' notice and at most once per year.

Sub-processors: the Client authorizes those listed in the Privacy Policy. Any addition or replacement is notified at least thirty days in advance; the Client may object for a legitimate reason and terminate without penalty. The Publisher imposes equivalent obligations on each.

Transfers outside the EU: governed by the Data Privacy Framework or the European Commission's standard contractual clauses.

End of contract: the Client may export their data before the end of the subscription; data is then deleted within three months, unless there is a legal obligation to retain it.

Automatically generated transcriptions, call summaries, and suggestions may be incomplete or inaccurate. Summaries use the transcription and preparation sheets use data already present in the account. No commitment, decision, or appointment should be considered confirmed on this basis alone; the Client verifies this content and remains responsible for its use.

The service relies on third-party providers (telephony, hosting, artificial intelligence and CRM). The Publisher is not responsible for failures attributable to those providers.

The Publisher implements reasonable means to ensure the availability and security of the service (controlled access, exchange encryption, backups). No absolute security exists and service levels are objectives, not guarantees.

The Publisher is bound by an obligation of means. Its liability is limited to the amounts paid by the Client during the last 12 months. Indirect damages, loss of turnover, and loss of data are excluded.

The Client indemnifies the Publisher against third-party claims and actions, authority sanctions, defense costs, and legal fees resulting from its use of the service, the numbers it connects, its calls, its data, or non-compliance with these terms. This warranty does not apply to the consequences of the Publisher's own breach of its obligations.

Any liability action against the Publisher must be initiated within one year from the event giving rise to it.

The Publisher retains all rights to the software. The Client retains ownership of its data and is granted a personal, non-transferable right of use for the duration of its subscription.

Subscriptions may be terminated at any time and end at the conclusion of the paid period; for quarterly or annual subscriptions, termination takes effect at the end of the current commitment period, with no refund for the period already started. After termination, Client data is deleted within a reasonable timeframe, unless there is a legal obligation to retain it. The Client may export data beforehand.

At the end of the subscription, numbers provided by the Publisher (any allocated trial number and numbers provided on request) are removed from the Customer's account and may be reassigned; unused number-change credits are lost. Numbers owned and connected by the Customer remain their property and are not affected.

The parties shall keep exchanged information confidential. The service's electronic logs and data shall be authoritative between the parties. Neither party is responsible for a failure due to force majeure.

The TOSU may evolve. The Client is informed by email or via the application; explicit acceptance may be requested. Continued use of the service after information constitutes acceptance of the new version.

The TOSU are governed by French law. In the absence of an amicable agreement within thirty days, any dispute will be submitted to the competent commercial court.