US Customer Addendum

/01 Business purchase only

The Services are sold to US Customers for business purposes only. By accepting this Addendum the Customer declares that it purchases the Services as a business, for its business activity, and provides its Employer Identification Number (EIN). The Provider relies on this declaration and on the EIN to determine the VAT treatment of the Services. The Customer informs the Provider without delay if its EIN changes or the declaration ceases to be true, and is liable for any tax, interest and penalties assessed on the Provider as a result of an untrue declaration.

/02 Prices, currency and taxes

• Prices are in US dollars (USD) as shown in the application at the time of the order. USD prices are not converted at exchange rates.
• The Services are supplied to a business established outside Poland, so the place of supply is outside Poland (Article 28b of the Polish VAT Act) and the Provider does not charge Polish VAT. The provision of the Terms that prices are increased by VAT does not apply.
• Invoices are issued under Polish law through the Polish National e-Invoicing System (KSeF) and are delivered to the Customer electronically.
• The Customer is responsible for any sales, use or similar taxes imposed in the United States in connection with the Services, including self-assessment where required, and for any withholding tax.
• Payments are made in full, without deduction of any withholding tax, bank or transfer fees. If the Customer is required by law to withhold tax, it increases the payment so that the Provider receives the amount it would have received without the withholding.

/03 Payment by card or ACH Direct Debit

• US Customers pay by payment card or by ACH Direct Debit from a US bank account. Payments are processed by Stripe as set out in the Terms.
• By choosing ACH Direct Debit the Customer authorises the Provider, through Stripe, to debit the bank account it designates for the subscription fees for each billing period, in the amounts shown in the application, until the subscription is cancelled. The Customer gives this authorisation (mandate) in the Stripe payment form and receives a confirmation of it by e-mail. The Customer may revoke the authorisation by cancelling the subscription as described in the Terms or by notice sent to [email protected], with effect for debits not yet initiated.
• An ACH debit settles within a few business days. The Plan is activated and the order confirmation is issued once the payment is confirmed.
• If a debit fails or is returned, in particular for insufficient funds, a closed account or a revoked authorisation, the amount remains due. The Provider may retry the debit or ask the Customer to pay by another method. The Customer reimburses bank and Stripe fees caused by a debit returned for reasons attributable to the Customer. The provisions of the Terms on restricting or suspending access apply to overdue amounts.

/04 AI voice calls in the United States

Bobi calls on behalf of the Customer, the persons the Customer designates, for the purposes the Customer instructs. The Customer is responsible for obtaining and documenting all consents and other legal grounds required under US federal and state law from every person Bobi calls on its behalf, for the purposes it instructs. This includes in particular the Telephone Consumer Protection Act (TCPA) and its rules on calls using an artificial or prerecorded voice, and state laws on recording telephone calls, including those requiring the consent of all parties. The Customer enters into the Services only numbers of persons who have given such consent and keeps evidence of it.

At the start of every call Bobi states that it is an AI assistant, that the call is recorded and on whose behalf it is calling. A request not to be called again is honoured: Bobi does not call that number again on the Customer’s behalf. The Customer also honours such requests made to it directly.

Bobi may not be used for telemarketing, telephone solicitation, advertising or any other marketing calls.

The Customer indemnifies and holds the Provider harmless against all amounts, including statutory damages, fines, costs and reasonable attorneys’ fees, arising from claims relating to calls initiated by the Customer without the required consent or in breach of this section.

/05 US privacy laws

To the extent the California Consumer Privacy Act as amended by the California Privacy Rights Act (CCPA/CPRA) or similar US state privacy laws apply to personal information the Provider processes on behalf of the Customer, the Provider acts as a “service provider” or “processor” and the Customer as a “business” or “controller”. The Provider:

• processes personal information only for the business purposes set out in the Data Processing Agreement, namely to provide the Services to the Customer,
• does not sell or share personal information,
• does not retain, use or disclose personal information for any other purpose or outside the direct business relationship with the Customer,
• does not combine personal information received from the Customer with personal information it receives from others or collects itself, except as permitted by law,
• provides the level of privacy protection those laws require, notifies the Customer if it can no longer meet its obligations, and allows the Customer to take reasonable steps to stop and remediate unauthorised processing,
• engages the sub-processors listed in the Data Processing Agreement under contracts that impose obligations no less protective than this section.

The Provider certifies that it understands these restrictions and will comply with them. In all other respects the Data Processing Agreement applies. Customer data is hosted in the European Union; the US-based sub-processors listed in the Data Processing Agreement receive only the data needed for their service.

/06 Language

The Contract documents are made available in Polish and English. For US Customers the English version of the Contract documents, including this Addendum, prevails in the event of any discrepancy between the versions.

/07 Order of precedence, governing law and changes

In the event of conflict the following prevail in this order: the order confirmation, including any separate order signed by both parties, then this Addendum, then the Terms, the Data Processing Agreement and the Service Level Agreement. Matters not covered by this Addendum are governed by the Terms.

This Addendum is governed by Polish law and disputes are resolved by the court specified in the Terms. The Provider may amend this Addendum on the terms that apply to amendments of the Terms.