Terms of use

These terms govern the use of the midcall.ai marketing website, published by Pertinence RH & Stratégie. By browsing the site, you accept them.

The site is accessible free of charge, excluding connection costs. We strive to keep it available without being able to guarantee it, and we reserve the right to suspend or modify access at any time, in particular for maintenance.

The site presents the Midcall service, a real-time AI sales assistance tool made up of an application (app.midcall.ai) and a Chrome extension ("Live Sales Coach") used during video calls. Access to the service is not open online: accounts are created by our team after a demo. Use of the service, the application and the extension is governed by the terms of sale (midcall.ai/en/terms-of-sale) and the order form entered into between Pertinence RH & Stratégie and the client company, as well as by section 8 of our privacy policy, which prevail over these terms for everything relating to the service. Articles 7 to 11 of these terms form an integral part of it.

The descriptions, coaching examples and performance indicators presented on the site are provided to illustrate Midcall's value proposition and constitute neither a guarantee of results nor a contractual commitment.

The Midcall trademark, the logo, the text and the graphic elements of the site are the exclusive property of Pertinence RH & Stratégie. Any reuse without written authorization is prohibited.

The site integrates a booking module operated by Cal.com, subject to its own terms. The Chrome extension is distributed via the Chrome Web Store, subject to Google's terms. We accept no liability for third-party services.

7.1 When using the Service, the Client acts as data controller within the meaning of Regulation (EU) 2016/679 ("GDPR") for all personal data processed through the Service, in particular the data of the users it declares and of the people taking part in the conversations it has analyzed.

7.2 Midcall acts as data processor and only processes this data on the Client's documented instructions, use of the Service constituting that instruction.

7.3 Midcall undertakes to: a) process the data only to provide the Service, to the exclusion of any purpose of its own, and in particular without using it to train artificial-intelligence models; b) ensure that the persons authorized to process the data are bound by an obligation of confidentiality; c) implement appropriate technical and organizational measures within the meaning of Article 32 of the GDPR; d) assist the Client in responding to data-subject requests, notifying data breaches and carrying out impact assessments; e) notify the Client of any data breach concerning it as soon as possible and at the latest 48 hours after becoming aware of it; f) delete or return the data at the end of the engagement, at the Client's choice; g) make available the information needed to demonstrate compliance with these obligations and allow audits to be carried out.

7.4 Subprocessors. The Client authorizes Midcall to use the subprocessors listed on the subprocessors page. Midcall informs the Client of any addition or replacement at least thirty (30) days in advance, and the Client may object on legitimate grounds.

7.5 Transfers outside the European Union. Some subprocessors process data outside the European Union. These transfers are governed by the European Commission's standard contractual clauses (decision 2021/914). The details per subprocessor, including the country of processing, appear at the address mentioned in section 7.4.

8.1 The Service analyzes the content of conversations involving people who are not users of the Service, in particular the Client's business counterparts (the "Third-Party Participants").

8.2 The Client is solely responsible for informing Third-Party Participants and, where applicable, for obtaining their consent, in accordance with Articles 13 and 14 of the GDPR and with the applicable rules on the confidentiality of communications.

8.3 The Client undertakes that each of its users informs Third-Party Participants, before any processing, that the conversation is transcribed and analyzed by an artificial-intelligence assistant, and that it feeds a follow-up sheet kept within their organization. The Service provides, in the web application and in the extension window, a standard notice the user can read out, and records with the call's summary a timestamp of the attestation made by the user. This record is provided as an element of traceability; it does not relieve the Client of building and keeping its own proof of the information given to Third-Party Participants.

8.4 The Client indemnifies Midcall against any claim by a Third-Party Participant resulting from a breach of section 8.2.

8.5 Requests to exercise rights made by a Third-Party Participant are addressed to the Client, as data controller. A request received by Midcall is forwarded to the Client and handled with it; Midcall carries out deletions on the Client's instruction, under the conditions of section 11.

9.1 The Service produces analyses and scores relating to the performance of the Client's users during their sales conversations, and makes them available to their line managers within the Client's workspace.

9.2 The Client acknowledges that this processing constitutes an employee-evaluation mechanism. Before any deployment, and under its sole responsibility, it is for the Client: a) to inform the employees concerned individually of the purposes of the mechanism, the data processed and their rights (Article L. 1222-4 of the French Labor Code); b) to inform and consult the works council (comité social et économique) where its implementation so requires (Article L. 2312-38 of the French Labor Code); c) to keep its record of processing activities up to date and, where applicable, to carry out a data protection impact assessment.

9.3 The scores and analyses produced by the Service are a decision-support tool. They cannot, on their own, form the basis of a decision producing legal effects concerning an employee or similarly significantly affecting them, within the meaning of Article 22 of the GDPR. The Client undertakes not to make any automated use of these results for disciplinary, remuneration or termination purposes.

10.1 The Service relies on artificial-intelligence systems. Midcall acts as provider and the Client as deployer within the meaning of Regulation (EU) 2024/1689 (the "AI Act").

10.2 Midcall provides the Client with instructions for use describing the purposes of the Service, its known limitations, the expected level of accuracy and the human-oversight measures in place.

10.3 Human oversight. The Service makes no automated decisions. The suggestions displayed during a conversation are subject to the user's judgment, and the user remains free to follow them or not. Subsequent analyses are an aid to human judgment.

10.4 No emotion recognition or biometric processing. The Service does not implement any emotion-recognition system within the meaning of Article 3 of the AI Act: no inference is drawn from voice, faces or any biometric data. The signals it surfaces are derived from the content of what is said. Midcall does not build, keep or use any voiceprint that would allow a person to be recognized, and identifies no one by their voice: when words are attributed to a named person, the name comes from the information displayed by the video-conferencing platform. When several people speak on the same audio stream, telling speakers apart may rely on acoustic separation performed by a transcription subprocessor; Midcall only keeps anonymous, temporary labels from it, valid for the duration of the exchange.

10.5 It is for the Client, as deployer, to comply with its obligations under the AI Act, in particular informing the workers concerned and assigning human oversight to people with the necessary competence and authority.

11.1 Midcall creates and keeps no audio recording of conversations: the stream passing through its servers is transcribed on the fly then discarded, and only the text is stored. When the Client uses the meeting assistant, the capture is performed by a subprocessor on its own infrastructure, under the conditions of the data-processing agreement entered into with it, whose details appear at the address mentioned in section 7.4; that recording is deleted no later than five (5) days after the meeting, and Midcall keeps no copy of it.

11.2 Conversation data (transcripts, analyses, summaries and scores) is kept for five (5) years from the conversation, then deleted from Midcall's systems. When the Client has exported a summary to its own customer-relationship-management tool, the copy thus created is its sole responsibility and is not affected by this deletion.

11.3 Prospect-account follow-up data, built from successive conversations to keep the coaching continuous, is kept for five (5) years per version: each update of the sheet is deleted five years after it was written, and a sheet whose last conversation is more than five years old disappears entirely. The Client may request its deletion at any time, in whole or in part, under the conditions of section 11.5.

11.4 Midcall keeps conversations replayed for internal quality control of its models for five (5) years from the replay.

11.5 The Client may at any time request the deletion of all or part of the data in its workspace. Midcall carries out the deletion within thirty (30) days. No user account is deleted automatically: account deletion takes place on the Client's express request.

11.6 Upon termination, access to the Service ceases. The Client's data is kept for the durations set out in sections 11.2 to 11.4, unless the Client requests earlier deletion or return, handled within thirty (30) days.

12.1 The Service depends on third-party providers (transcription, language models, hosting). An outage at any of them may degrade or interrupt all or part of the features.

12.2 The suggestions and analyses produced may contain inaccuracies. They constitute neither legal advice, nor financial advice, nor a guarantee of commercial results.

12.3 The Service is provided without a service-level commitment, unless otherwise agreed in writing.

These terms are governed by French law. Failing an amicable resolution, any dispute falls under the competent courts of the jurisdiction of the publisher's registered office.

This English version is provided for convenience only. In the event of any discrepancy, the French version available at midcall.ai/cgu prevails.