Service Terms

Version 1.0
Last updated: 16 September 2026

These Service Terms govern the use of the Absher voice AI platform by an organisation. If you are a visitor to our website rather than a customer, our Terms of Use apply to you instead.

1. The agreement

These terms are between [LEGAL ENTITY NAME], a company registered in Tunisia under commercial register number [RC NUMBER], with its registered office at [REGISTERED ADDRESS] ("Absher", "we", "us" or "our"), and the organisation identified in the Order ("Customer", "you" or "your").

An "Order" is an order form, pilot agreement, statement of work or written confirmation signed or accepted by both parties that refers to these terms. Together, the Order, these terms, the Data Processing Addendum and any documentation we point to form the "Agreement".

If there is a conflict, the order of precedence is: the Order, then the Data Processing Addendum, then these terms, then the documentation.

2. Definitions

Service means the Absher voice and messaging agents, the dashboard, the APIs and SDKs, and anything else we make available under an Order.

Customer Data means all data you or your end users provide to the Service or that the Service generates for you, including call audio, recordings, transcripts, conversation content, caller identifiers, outcomes and records written back to your systems.

End User means any person who interacts with an agent you deploy, including a caller to your contact centre.

Documentation means the technical and operational documentation we publish for the Service.

3. The Service and your licence

Subject to the Agreement, we grant you a non exclusive, non transferable, revocable right during the term to access and use the Service for your internal business purposes and for handling interactions with your End Users.

We provide the Service on a subscription or usage basis as set out in the Order. We may improve, modify or replace features. We will not materially reduce the core functionality you are paying for during a paid term without giving you reasonable notice and, if the reduction materially harms you, the right to terminate the affected part and receive a pro rata refund of prepaid fees.

4. Pilots, trials and early access

We may make the Service or a feature available for a pilot, trial, proof of concept or early access programme, whether free or discounted.

Such access is provided as is, may be changed or withdrawn at any time, and carries no service level commitment, no uptime guarantee and no warranty. Our total liability for anything supplied on a free or trial basis is capped at one thousand United States dollars (USD 1,000), and sections 17, 18 and 19 otherwise apply.

Data you put into a pilot may be deleted when the pilot ends. Please export anything you need first.

5. Your responsibilities

You are responsible for how you deploy the Service and for what your agents say and do on your behalf. In particular you must:

• Disclose the AI. Keep enabled the disclosure that tells End Users they are speaking with an automated system, and give them a reasonable way to reach a human. You must not configure an agent to claim to be a human, or to impersonate a named individual, when asked.
• Handle notice and consent. Give End Users the privacy notice the law requires, and obtain any consent required for calling them, messaging them and recording the interaction. You control the call, so this is your obligation, not ours.
• Call lawfully. Comply with the telecommunications, marketing and do not call rules that apply to any outbound calling or messaging you run through the Service, including holding a lawful basis for contacting each recipient.
• Get the rights you need. Ensure you have the rights and permissions for all Customer Data, prompts, scripts, knowledge bases and voices you supply or select, and that using them through the Service does not infringe anyone's rights.
• Configure the escalation path. Define when an agent must hand off to a human, and keep human oversight proportionate to the risk of the conversations you automate.
• Secure your access. Keep API keys and dashboard credentials confidential, control who in your organisation has access, and tell us promptly if you suspect a compromise.
• Comply with law. Meet the legal and regulatory requirements that apply to your own industry and to your use of the Service.

6. Acceptable use

You must not use the Service, and must not permit anyone else to use it, to:

• make unsolicited or unlawful bulk calls or messages, or to evade do not call registers or a recipient's opt out;
• clone or synthesise the voice of a real person without that person's documented, informed consent;
• deceive an End User about the automated nature of the agent, or impersonate a person, a public authority or another organisation;
• carry out fraud, phishing, social engineering, harassment, intimidation or debt collection in breach of applicable law;
• give medical, legal or financial advice that requires a licensed human professional, without appropriate human oversight and any licence the law requires;
• make decisions producing legal or similarly significant effects on a person without the safeguards and the human intervention the law requires;
• process special category or sensitive personal data through the Service unless you have told us in the Order, so that we can put the right measures in place;
• reverse engineer, decompile or attempt to derive the source code, model weights or training data of the Service;
• use the Service, or its output, to build or train a competing speech or language model, or to benchmark it for publication without our written consent;
• resell or provide the Service to a third party except as expressly permitted in the Order;
• circumvent usage limits, or probe or test the security of the Service without our written authorisation;
• breach applicable sanctions or export control law.

If we reasonably believe your use breaches this section and creates a risk of harm or legal exposure, we may suspend the affected part of the Service. We will tell you first where it is practicable and lawful to do so, we will limit any suspension to what is necessary, and we will restore the Service once the cause is resolved.

7. Data protection

For Customer Data containing personal data, you are the controller and we are the processor. You determine the purposes and means of processing, and we process only on your documented instructions, which the Agreement constitutes.

Our Data Processing Addendum forms part of the Agreement and sets out the details required by the Saudi Personal Data Protection Law and, where it applies, Article 28 of the GDPR. In summary we will:

• process personal data only on your instructions, and tell you if we believe an instruction breaches applicable law;
• bind everyone with access to it to confidentiality;
• apply appropriate technical and organisational security measures;
• engage sub-processors only under written terms no less protective than ours, keep a current list available to you, and give you advance notice of a new one so you can object on reasonable grounds;
• assist you with data subject requests, security incident notification, data protection impact assessments and regulator engagement, taking into account the nature of the processing;
• notify you without undue delay after becoming aware of a personal data breach affecting your data;
• delete or return personal data at the end of the Agreement, as you choose, subject to any retention the law requires of us;
• make available the information needed to demonstrate compliance and allow for audits on reasonable notice, subject to confidentiality and to not disrupting our other customers.

Data location. We host the Service in the region stated in the Order. Where you require Customer Data to remain within the Kingdom of Saudi Arabia, we will configure the Service accordingly and the Order will record it. Any transfer outside the region is made only on a legal basis that applicable law permits, with the safeguards described in our Privacy Policy.

8. Call recordings and transcripts

Recording is configurable. You decide whether calls are recorded, how long recordings and transcripts are kept, and who in your organisation can access them.

We retain them for the period set in your configuration or the Order, and we delete them on that schedule or on your instruction. We access call content only to deliver and support the Service, to investigate a fault or abuse you have reported or we have detected, or where the law requires it. Access by our staff is role based and logged.

9. Improving our models

We do not use your Customer Data to train, fine tune or improve our models, or anyone else's, unless you opt in. This is the default and it does not change unless you say so in writing.

Opting in requires two consents, not one. You may opt in only if you confirm that you have given End Users the notice, and obtained the consent, that applicable law requires for their conversation data to be used to improve our models, and that you will keep that consent current. Your contractual opt in does not substitute for End User consent, and we may not rely on it if that consent is absent.

We will ask you to re-confirm the opt in at each renewal of the Order, and at any point where we materially change how improvement data is used. If you do not re-confirm, the opt in lapses and we stop using your data for that purpose.

If you tell us that an End User has withdrawn consent, or that consent was not validly obtained, we will stop using the affected data on becoming aware and remove it from any training set not yet used.

If you do opt in, in the Order or in another signed document, then:

• the scope of what may be used is what the Order says and nothing more;
• we de-identify the data before it enters a training set, removing direct identifiers including names, telephone numbers, account numbers and addresses;
• we use it only to improve Arabic speech recognition, language understanding and speech synthesis;
• we do not expose your information to any other customer, and we do not use it to build a service specific to a competitor of yours;
• we exclude special category and sensitive personal data;
• you can withdraw the opt in at any time on written notice. Withdrawal stops further use immediately. It may not be possible to reverse training already completed, and we will tell you plainly what can and cannot be undone.

Separately, and regardless of any opt in, we may use aggregated and fully anonymised statistics about how the Service performs, for example accuracy and latency measurements, that do not identify you, any End User or the content of any conversation.

10. Intellectual property

Yours. You own your Customer Data and your trade marks, and nothing here transfers them to us. You grant us a limited licence to host, process, transmit and display Customer Data as necessary to provide the Service, and for the purposes you have expressly authorised.

Ours. We own the Service, our models, software, documentation and brand, and all improvements to them. Nothing here transfers them to you beyond the licence in section 3.

Output. As between you and us, you own the output an agent generates for you, subject to our underlying rights in the Service. Output generated for one customer may resemble output generated for another, and we make no claim that output is unique.

Feedback. If you give us feedback or suggestions, we may use them freely without obligation to you.

11. AI output, accuracy and oversight

The Service uses probabilistic models. It can mishear, misunderstand, or generate a response that is wrong, incomplete or unsuitable, particularly with unusual accents, poor line quality, background noise or subject matter outside what it was configured for.

You are responsible for deciding which conversations are suitable for automation, for testing agents before deployment and after any change to a prompt, knowledge base or model version, for setting escalation rules, and for keeping human review proportionate to risk. Do not use the Service as the sole basis for a decision that materially affects a person's rights, finances, health or safety.

We do not warrant that any particular accuracy level will be achieved unless an Order expressly states one.

12. Availability and support

We aim to provide the Service reliably. Where an Order includes a service level agreement, that document sets out the availability target, the measurement method and the remedy, and that remedy is your exclusive remedy for failing to meet it.

Where no service level agreement is stated, the Service is provided without an availability commitment. Planned maintenance is notified in advance where practicable. The Service depends on telephony carriers and cloud infrastructure we do not control, and interruptions originating with them are excluded from any availability measurement.

13. Fees

Fees, the billing period and any usage rates are set out in the Order. Unless the Order says otherwise, fees are payable within 30 days of invoice, in the currency stated, without set off.

Fees exclude value added tax and any other applicable tax, which you pay in addition. If you are required to withhold tax, you will gross up so that we receive the amount we would have received without the withholding.

We may charge interest on late payment at the lower of 1.5 percent per month and the maximum the law allows, and may suspend the Service for non payment after giving you 14 days written notice and an opportunity to pay.

We may change our fees on 60 days notice before the start of a renewal term. If you do not accept the change, you may choose not to renew.

14. Confidentiality

Each party may receive confidential information of the other. The receiving party will use it only to perform the Agreement, protect it with at least reasonable care, and disclose it only to people who need it and who are bound by confidentiality obligations.

These obligations do not apply to information that is public through no fault of the receiving party, was already lawfully known to it, is independently developed without use of the disclosing party's information, or is lawfully received from a third party. A party may disclose confidential information where legally compelled, giving the other party notice where it is lawful to do so.

These obligations continue for three years after the Agreement ends, and indefinitely for trade secrets and Customer Data.

15. Term and termination

The Agreement starts on the date in the Order and runs for the term stated there, renewing automatically for successive periods of the same length unless either party gives notice not to renew at least 30 days before the end of the current term.

Either party may terminate for material breach that is not cured within 30 days of written notice, or immediately if the other becomes insolvent or enters an equivalent procedure. We may terminate immediately where continuing would put us in breach of law or sanctions.

On termination your right to use the Service ends, and you must pay fees accrued up to that date. For 30 days afterwards we will make Customer Data available for export, and after that we will delete it in accordance with our retention schedule, except for backups which are deleted on their ordinary cycle and remain protected by section 14 meanwhile. Sections 10, 14, 17, 18, 19, 21 and 22 survive termination.

16. Warranties

Each party warrants that it has the authority to enter into the Agreement.

We warrant that we will provide the Service with reasonable skill and care, in accordance with the Documentation in all material respects, and that we will not knowingly introduce malware into it.

You warrant that you have obtained all consents, given all notices, and hold all rights required for us to process Customer Data as contemplated by the Agreement.

17. Disclaimer

Except as expressly stated in section 16, and to the fullest extent permitted by law, the Service is provided without warranty of any kind, whether express, implied or statutory, including any implied warranty of merchantability, fitness for a particular purpose, accuracy or non infringement. We do not warrant that the Service will be uninterrupted, error free, or that its output will be correct or suitable for any particular purpose.

18. Indemnities

By us. We will defend you against a third party claim that the Service, used in accordance with the Agreement, infringes that party's intellectual property rights, and pay damages finally awarded or amounts we agree in settlement. If the Service becomes, or we believe it may become, the subject of such a claim, we may modify it, obtain a licence for it, or terminate the affected part and refund prepaid unused fees. We have no obligation for a claim arising from Customer Data, from your configuration, prompts, scripts or selected voices, from use in breach of the Agreement, or from combination with anything we did not supply.

By you. You will defend us against a third party claim arising from Customer Data, from your deployment or configuration of the Service, from your failure to give notice or obtain consent required for calling, messaging or recording, or from your use of the Service in breach of section 5 or 6, and pay damages finally awarded or amounts you agree in settlement.

In each case the indemnified party must notify the other promptly, give it control of the defence, and provide reasonable cooperation at the indemnifying party's expense.

Our obligations under this section are subject to the cap in section 19. Your obligations under this section are not capped.

19. Limitation of liability

What is never limited. Nothing in the Agreement limits either party's liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, for your obligation to pay fees, for your indemnity obligations under section 18, or for any liability that cannot lawfully be limited.

What neither party can claim. To the fullest extent permitted by law, neither party is liable for loss of profit, revenue, business, goodwill, anticipated savings or data, or for any indirect or consequential loss, however arising.

The cap. Subject to the paragraphs above, each party's total aggregate liability arising out of or in connection with the Agreement, including under section 18, is limited to the total fees actually paid by you under the Order in the twelve months immediately preceding the event giving rise to the claim. Where the Service was supplied free of charge, the cap in section 4 applies instead.

What we are not responsible for. We are not liable for loss arising from your configuration of the Service, the prompts, scripts, knowledge bases or voices you supply or select, your decision to automate a particular type of conversation, your failure to set or honour an escalation path, your failure to give notice or obtain consent required for calling, messaging or recording, or any act or omission of a telecommunications carrier.

20. Force majeure

Neither party is liable for failure or delay caused by an event beyond its reasonable control, including natural disaster, war, civil unrest, epidemic, act of government, failure of a telecommunications carrier or public cloud provider, or widespread internet disruption. The affected party will tell the other promptly and use reasonable efforts to mitigate. This does not excuse payment obligations for the Service already provided. If the event continues for more than 60 days, either party may terminate the affected Order.

21. Governing law and disputes

The Agreement, and any dispute arising out of it including non contractual disputes, are governed by the laws of the Kingdom of Saudi Arabia, and the competent courts of Riyadh have exclusive jurisdiction.

Before starting proceedings, each party will escalate the dispute to a senior representative and attempt in good faith to resolve it within 30 days. This does not prevent either party from seeking urgent injunctive relief.

We are established in Tunisia and remain subject to Tunisian law in respect of our own corporate obligations.

22. General

Notices must be in writing, to the addresses in the Order, and are effective on delivery. Notices to us should be copied to contact@absher-ai.com.

Assignment. Neither party may assign the Agreement without the other's written consent, which will not be unreasonably withheld, except that either may assign it in full to an affiliate or to a successor in a merger or sale of substantially all its assets, on notice.

Publicity. Neither party may use the other's name or logo publicly without prior written consent. Where you consent, that consent may be withdrawn on 30 days notice.

Changes to these terms. We may update these terms for new features or legal change. For a paid Order, changes take effect at the start of your next renewal term, and we will give you at least 30 days notice. Changes required by law may take effect sooner.

Independent contractors. The parties are independent contractors. Nothing creates a partnership, joint venture, agency or employment relationship.

Severability and waiver. If a provision is unenforceable, the rest continues in force. A failure to enforce a right is not a waiver of it.

Entire agreement. The Agreement is the entire agreement between the parties on its subject matter and supersedes prior discussions. Any purchase order terms you issue are of no effect.

23. Contact

Commercial, contractual, privacy and data protection questions: contact@absher-ai.com

[LEGAL ENTITY NAME]
[REGISTERED ADDRESS]