Terms and Conditions

1. INTRODUCTION AND ACCEPTANCE

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and Wilton ("we", "us", "our", or the "Company"), governing your access to and use of the BusinessPhoneAssistant mobile application (the "App") and all related services (collectively, the "Service").

By downloading, installing, accessing, or using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not download, install, or use the App.

These Terms incorporate by reference our Privacy Policy, Acceptable Use Policy, and any other policies or guidelines referenced herein.

2. DEFINITIONS

In these Terms, the following definitions apply:

• "AI Assistant" means the artificial intelligence-powered virtual receptionist feature that answers and handles calls on your behalf using Retell AI technology.
• "Account" means your registered account with BusinessPhoneAssistant.
• "Business Day" means any day other than a Saturday, Sunday, or public holiday in England and Wales.
• "Call Data" means recordings, transcriptions, summaries, and metadata relating to calls processed through the Service.
• "Consumer" means an individual acting for purposes that are wholly or mainly outside that individual's trade, business, craft, or profession.
• "Digital Content" means data produced and supplied in digital form, as defined under the Consumer Rights Act 2015.
• "Personal Data" has the meaning given in the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.
• "Subscription" means your chosen paid tier of service (Starter, Pro, or Business) as set out in Section 8.
• "Virtual Number" means the Twilio telephone number assigned to your Account for receiving forwarded calls.

3. ELIGIBILITY AND REGISTRATION

3.1 Eligibility Requirements

To use the Service, you must:

• be at least 18 years of age or the age of majority in your jurisdiction;
• have the legal capacity to enter into a binding contract;
• be a resident of the United Kingdom (the Service is currently only available in the UK);
• not be prohibited from using the Service under applicable law; and
• provide accurate, current, and complete registration information.

3.2 Account Registration

To access the Service, you must create an Account by providing your name, email address, telephone number, and business details. You may register using Google Sign-In or Apple Sign-In, subject to those providers' terms of service.

You are responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account. You must immediately notify us of any unauthorised use of your Account or any other security breach.

4. SERVICE DESCRIPTION

4.1 Overview

BusinessPhoneAssistant provides an AI-powered virtual receptionist service for small businesses and professionals. The Service enables you to forward your business calls to a Virtual Number, where they may be answered by our AI Assistant or forwarded to your mobile device.

4.2 Core Features

Subject to your Subscription tier, the Service includes:

• AI call answering with customisable voice agents and greetings;
• VoIP calling capabilities for receiving calls through your Virtual Number;
• automatic call transcription and AI-generated summaries;
• automatic task extraction from conversations;
• call recordings and call history;
• availability scheduling with automatic AI activation; and
• Google Calendar integration (where available).

4.3 Service Limitations

You acknowledge and agree that:

• the AI Assistant is not a substitute for human judgement and may not accurately handle all call scenarios;
• transcription and summarisation accuracy depends on audio quality and may contain errors;
• the Service requires a stable internet connection and compatible mobile device;
• we do not guarantee uninterrupted or error-free service; and
• the Service is not suitable for emergency services and must not be used as a primary means of emergency communication.

5. CALL RECORDING, TRANSCRIPTION, AND DATA PROCESSING

5.1 Call Recording Notice

By using the Service, you acknowledge and agree that all calls handled through the Service may be recorded, transcribed, and processed by artificial intelligence systems. This includes calls answered by the AI Assistant and calls forwarded to your device.

5.2 Your Legal Obligations

You are responsible for ensuring compliance with all applicable laws regarding call recording, including:

• informing callers that calls may be recorded and transcribed before or at the start of each call;
• obtaining any necessary consent from callers where required by law;
• complying with the UK GDPR, Data Protection Act 2018, and the Regulation of Investigatory Powers Act 2000 (RIPA); and
• complying with the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000.

Our AI Assistant is configured to inform callers that the call may be recorded. However, you remain ultimately responsible for ensuring lawful recording practices.

5.3 Lawful Basis for Processing

We process Call Data on the following lawful bases under UK GDPR:

• Performance of contract: to provide you with the Service features you have requested;
• Legitimate interests: for quality assurance, service improvement, and fraud prevention; and
• Legal obligation: where required to comply with applicable law.

5.4 Data Retention

Call recordings and transcriptions are retained according to your Subscription tier:

• Starter tier: 7 days
• Pro tier: 30 days
• Business tier: 90 days

After the applicable retention period, Call Data will be automatically and permanently deleted from our systems.

6. DATA PROTECTION AND PRIVACY

6.1 Our Role as Data Processor

Where you use the Service to process Personal Data of your callers and contacts, you act as the data controller and we act as your data processor. You must ensure you have appropriate lawful basis and have provided necessary privacy notices to data subjects.

6.2 Personal Data We Collect

We collect and process the following categories of Personal Data:

• Account information: name, email address, telephone number, business name, business type, and service area;
• Device contacts: for caller identification purposes (with your permission);
• Call Data: recordings, transcriptions, summaries, and metadata;
• Calendar data: if you connect your Google Calendar;
• Location data: for region verification and service availability;
• Payment information: processed securely via Stripe; and
• Usage data: app interactions, feature usage, and performance metrics.

6.3 Third-Party Service Providers

We use the following third-party services to deliver the Service:

• Twilio: telephone numbers, VoIP infrastructure, and call routing
• Retell AI: AI-powered call handling and voice synthesis
• Firebase (Google): backend infrastructure, authentication, and database services
• OpenAI: call summarisation and task extraction
• AssemblyAI: speech-to-text transcription
• Stripe: payment processing
• Google APIs: authentication and calendar integration

6.4 International Data Transfers

Some of our third-party service providers are located outside the United Kingdom and European Economic Area. Where Personal Data is transferred internationally, we ensure appropriate safeguards are in place, including Standard Contractual Clauses approved by the UK Information Commissioner's Office (ICO) and relevant adequacy decisions.

6.5 Your Data Protection Rights

Under UK GDPR and the Data Protection Act 2018, you have the following rights regarding your Personal Data:

• Right of access: to obtain confirmation of whether we process your data and access to that data;
• Right to rectification: to have inaccurate data corrected;
• Right to erasure: to request deletion of your data in certain circumstances;
• Right to restrict processing: to limit how we use your data;
• Right to data portability: to receive your data in a structured, commonly used format;
• Right to object: to object to processing based on legitimate interests; and
• Right to withdraw consent: where processing is based on consent.

To exercise these rights, please contact us at support@wilton.app. We will respond within one month.

6.6 Complaints

If you are not satisfied with our response to any data protection matter, you have the right to lodge a complaint with the Information Commissioner's Office (ICO) at ico.org.uk or by calling 0303 123 1113.

7. DEVICE PERMISSIONS

The App requires certain device permissions to function. By granting these permissions, you consent to the App accessing these features:

• Microphone: required for VoIP calls
• Contacts: optional, for caller identification
• Phone state and call management: for call handling integration
• Notifications: for incoming call alerts and reminders
• Background services: for VoIP push notifications
• Internet access: required for all Service functionality

You may revoke permissions through your device settings, but this may limit or disable certain features of the Service.

8. SUBSCRIPTION, PAYMENT, AND BILLING

8.1 Subscription Tiers

The Service is offered through the following Subscription tiers:

• Free Trial: limited functionality and minutes for evaluation purposes
• Starter: £10 per month
• Pro: pricing as displayed in the App
• Business: pricing as displayed in the App

Full details of features included in each tier are available in the App and on our website. We reserve the right to modify pricing and features with reasonable notice.

8.2 Free Trial

New users may be eligible for a free trial period with limited minutes and features. At the end of the trial period, you will be required to select a paid Subscription to continue using the Service.

8.3 Payment Terms

Subscription fees are billed in advance on a monthly basis. All payments are processed securely through Stripe. By subscribing, you authorise us to charge your designated payment method for all applicable fees.

All prices are stated in pounds sterling (GBP) and are inclusive of VAT where applicable.

8.4 Automatic Renewal

Your Subscription will automatically renew at the end of each billing period unless you cancel before the renewal date. We will send you a reminder notice before each renewal payment is taken.

8.5 Overage Charges

If you exceed the included minutes in your Subscription tier, additional minutes will be charged at the overage rate specified for your tier.

9. CALL FORWARDING AND MOBILE CARRIER CHARGES

You are solely responsible for any charges incurred from your mobile carrier as a result of call forwarding. Wilton has no control over and accepts no liability for these charges.

10. CANCELLATION AND REFUNDS

You may cancel your Subscription at any time through the App's account settings. Cancellation will take effect at the end of your current billing period.

Under the Consumer Contracts Regulations 2013, if you are a Consumer, you have the right to cancel your Subscription within 14 days of signing up for a full refund (the "Cooling-Off Period"), unless you have expressly requested that the Service commence during this period.

11. YOUR CONSUMER RIGHTS

If you are a Consumer, the Service (as digital content) must be of satisfactory quality, fit for a particular purpose, and as described under the Consumer Rights Act 2015.

12. ACCEPTABLE USE POLICY

The Service is intended for legitimate business call management purposes. You must not use the Service for illegal activities, harassment, telemarketing, or unsolicited communications.

13. INTELLECTUAL PROPERTY

The App, Service, and all associated intellectual property are owned by Wilton or our licensors. You are granted a limited, revocable licence to use the Service.

14. LIMITATION OF LIABILITY

Out total liability to you for any claims arising from the Service is limited to the amounts paid by you in the 12 months preceding the claim, or £100, whichever is greater.

AI Disclaimer:

You acknowledge that the AI Assistant uses artificial intelligence technology that may produce errors or inaccuracies. We do not guarantee the accuracy of AI-generated content. You are responsible for reviewing and verifying all AI outputs.

15. INDEMNIFICATION

Business users agree to indemnify and hold Wilton harmless from claims arising from their breach of these Terms or use of the Service.

16. SUSPENSION AND TERMINATION

We may suspend or terminate your access immediately for breaches of these Terms, failure to pay fees, or if the user's use is deemed harmful or unlawful.

17. CHANGES TO TERMS AND SERVICE

We may modify these Terms from time to time. Material changes will be notified at least 30 days before they take effect.

18. DISPUTE RESOLUTION

These Terms are governed by the laws of England and Wales. Complains should be sent to support@wilton.app.

19. GENERAL PROVISIONS

These Terms constitute the entire agreement regarding the Service. If any provision is found invalid, the remaining provisions stay in effect.

20. CONTACT INFORMATION