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TalkWiz

Terms of Use

This is an English translation provided for convenience. Under section 24.7, the Hebrew version prevails.

Last updated: October 5, 2026

Important to read. These terms are a binding agreement between the Customer and TalkWiz. Among other things, they provide that the Customer is solely responsible for the lawfulness of recording, collecting and processing the call data it enters into the Service (section 6), that TalkWiz is a technological tool only (section 3), that AI outputs are not guaranteed (section 8), a limitation of liability (section 15), a waiver of claims (section 16) and an indemnity (section 17). Anyone who does not agree to the terms may not use the Service.

1. The parties and scope

1.1. The TalkWiz service (the "Service") is operated by Yehonatan Shamam, licensed dealer no. 302910187, of 94 Yigal Alon Street, Tel Aviv-Yafo ("TalkWiz", the "Operator" or "we").

1.2. The "Customer" is the business, corporation or dealer in whose name an organization was opened in the Service. A "User" is any person the Customer or anyone on its behalf allows to access the organization, including owners, admins, team leads and agents.

1.3. Whoever accepts these terms on behalf of the Customer represents that they are authorized to bind the Customer. If not authorized, they are personally liable for all of the Customer's obligations under these terms.

1.4. The Service is intended for businesses only and for business use. The Customer represents that it engages with TalkWiz as a business, for the purposes of its business, and not as a consumer.

1.5. Signing up, creating an organization, checking the acceptance box or any use of the Service constitutes full consent to these terms and to the following documents, which are an integral part of them: the Privacy Policy, the Data Processing Agreement and the Information Security and Information Management Policy (together: the "Agreement").

1.6. Order of precedence in case of conflict: on the processing of personal information on behalf of the Customer, the Data Processing Agreement prevails; on any other matter these terms prevail. A separate written agreement signed between TalkWiz and the Customer (for example for an Enterprise plan) prevails over the Agreement on the matters it expressly governs.

1.7. The Agreement is written in the plural or the masculine form for convenience only, and refers to all genders. Section headings are for convenience and are not used for interpretation.

2. Definitions

3. The nature of the Service: a technological tool only

3.1. The Service is a software tool (SaaS) that allows the Customer to transcribe and analyze its sales and service calls using artificial intelligence, and to present the results to its Users.

3.2. TalkWiz does not record calls, is not a party to calls, does not initiate them, does not listen to them and does not choose which calls are received. The Customer alone decides which data to enter into the Service, from which source, in what way, for what purpose, who gets access, how long to keep it, and where to send outputs. The Service performs these actions automatically according to the Customer's settings and instructions.

3.3. With respect to Customer Data, the Customer is the "database controller" and TalkWiz is a "holder" that processes information for it only, within the meaning of these terms in the Privacy Protection Law.

3.4. TalkWiz does not provide legal advice, employment law advice, human resources advice, financial advice or any other professional advice, and is not responsible for decisions the Customer makes with the help of the Service.

3.5. TalkWiz may improve, change, add or remove features, models, providers and analysis templates from time to time. We will give advance notice, where possible, of the removal of a material feature the Customer pays for.

4. Account, users and access security

4.1. The Customer is responsible for the details it gave at sign-up, for keeping them up to date, and for every action taken in its organization or in the name of its Users, whether or not it approved it.

4.2. The Customer decides who gets access to the organization, in which role and to which teams, and is responsible for removing access from anyone who no longer needs it (for example an employee who left).

4.3. The Customer and its Users are responsible for keeping passwords, invitation links, API keys, webhook keys and connection addresses secret, and for notifying us immediately of any suspected unauthorized use. Damage caused by the use of the Customer's access details is the Customer's responsibility, unless caused by a breach of TalkWiz's security obligations.

4.4. The Customer is responsible for every User on its behalf acting in accordance with the Agreement, and a breach by a User will be deemed a breach by the Customer.

4.5. Actions performed through an API key, webhook, integration, script or automated agent (including an artificial intelligence agent) that the Customer connected to the Service will be deemed actions of the Customer, and it is fully responsible for them.

4.6. The Customer is responsible for bringing the terms of the Agreement to the attention of the Users on its behalf. Every User accepts the Agreement at their first login, and acts within it as a representative of the Customer.

4.7. In a dispute over control of the organization (for example between partners, or after the departure of whoever opened the organization), TalkWiz may act on the instruction of whoever is registered as the owner in the organization, according to the billing details, or according to documents presented to it, and may freeze access to the organization until the matter is decided. TalkWiz will not be liable for the results of such an action taken in good faith.

5. License of use

5.1. Subject to compliance with the Agreement and to payment, TalkWiz grants the Customer a limited, personal, non-exclusive, non-transferable and revocable license to use the Service for its internal business purposes during the term of the engagement.

5.2. Every right not expressly granted is reserved to TalkWiz.

6. The Customer's responsibility for data and lawful use

6.1. Sole responsibility. The Customer is solely responsible for the Customer Data, its content, its accuracy, the lawfulness of obtaining it, the lawfulness of entering it into the Service and the lawfulness of using it and the AI Outputs.

6.2. Lawful recording. The Customer represents and undertakes that every recording or transcript it enters into the Service was made lawfully, including under the Wiretap Law, 5739-1979, and that the Customer or its representative was a party to the call. The Customer will not enter into the Service a recording of a call it was not a party to, nor a recording obtained unlawfully.

6.3. Notice and consent. The Customer is solely responsible for giving the parties to calls every notice required by law, and obtaining every consent required by law, before the recording, transcription and analysis, including notice that the call is recorded, that it is transcribed and analyzed using artificial intelligence and outside providers, and that the information may be transferred outside Israel as set out in the Privacy Policy. The Customer is also responsible for giving the notice and the information required under the Privacy Protection Law after Amendment 13.

6.4. Employees and agents. The Customer is responsible for informing its employees and agents in advance that their calls are analyzed, scored and compared, and for acting on this matter in accordance with employment law, the principles of proportionality and transparency and the guidelines of the Privacy Protection Authority on employee monitoring. Decisions about employees, including evaluation, compensation, discipline or termination, are the Customer's alone.

6.5. Obligations as database controller. The Customer is responsible for fulfilling all the obligations of a database controller, including a legal basis for the processing, data minimization, registering a database or giving notice of it where required, appointing a privacy protection officer where required, handling requests of data subjects for review, correction and deletion, and reporting security incidents to the authority and to data subjects where required.

6.6. Sensitive information. The Customer will not enter into the Service information of special sensitivity (for example medical, biometric or genetic information, information about criminal history or beliefs), information about minors, or protected professional secrets, unless this is necessary for its business, it is permitted to do so by law, and it has obtained every required consent. The Service's automatic hiding mechanism (section 8.5) does not replace the Customer's responsibility.

6.7. Recordings for evidence and retention. The Service is not a recording archive, not a backup system and not intended for keeping evidence. Recordings uploaded to the Service are deleted right after transcription, and transcripts are deleted at the end of the retention period the Customer set. If the Customer has an obligation to keep recordings or to give them to customers, including under Amendment No. 73 to the Consumer Protection Law, 5741-1981, the Customer is responsible for keeping them in its own recording system.

6.8. Messages to End Customers. Drafts of follow-up messages (WhatsApp, email and others) that the Service prepares are sent, if at all, by the User, from their own device and account. The Customer is the sender, and it is responsible for checking the content before sending and for complying with every law, including section 30A of the Communications (Telecommunications and Broadcasting) Law, 5742-1982, regarding advertising messages.

6.9. Sources and connections. The Customer represents that it is permitted to connect to the Service every third-party system it connects (for example a dialer or CRM system), and that it is permitted to instruct the transfer of outputs to every destination it defines (data writeback, webhook, export). From the moment information is transferred to a destination the Customer defined, it is outside TalkWiz's control and the Customer's responsibility.

6.10. Website scanning and business memory. The Customer represents that it is permitted to instruct the Service to scan every website address it enters, and that the information it enters into the business memory does not infringe the rights of others.

6.11. Call library and internal sharing. The Customer is responsible for the decision which calls to share in the call library or with other Users in the organization, and for the sharing being permitted by law.

6.12. A call center working for others. A Customer that runs a sales or service call center for its own clients (outsourcing), and enters into the Service calls made for them, represents that it is authorized to do so under its agreement with those clients, and that it is responsible toward them for every obligation regarding the information. Toward TalkWiz, the Customer is the only party that gives instructions, and TalkWiz is not a party to the relationship between it and its clients.

6.13. Sales and marketing calls. The Customer is responsible for complying with every law that applies to the telephone marketing, sales and collection calls it makes, including consumer protection law, restrictions on contacting those who asked not to be contacted, and employment law. The Service does not check the lawfulness of calls.

7. Prohibited use

The Customer and its Users will not do, and will not allow anyone else to do, the following:

TalkWiz may set reasonable usage limits (for example API call rate, file size and daily volume) to protect the stability of the Service, and limit use that significantly exceeds the usual use of the plan.

8. Artificial intelligence and AI Outputs

8.1. AI Outputs are produced automatically, probabilistically and without human review by TalkWiz. They may be wrong, partial, biased or outdated, among other things because of recording quality, transcription errors, wrong speaker identification, accent, background noise, missing information in the business memory or limitations of the models.

8.2. AI Outputs are a support tool only. The Customer is responsible for checking every output before relying on it, sharing it or acting on it. Every finding comes with a quote from the call to allow checking.

8.3. Alerts, flags and detection of exceptions (for example churn risk, a legal threat, a complaint or a low score) are provided as a support service. TalkWiz does not undertake that every event will be detected, that the alert will be sent or that it will arrive on time, and has no duty to monitor the Customer's calls.

8.4. The Service uses models of outside providers, as set out in the Privacy Policy. TalkWiz may replace a model or provider, and outputs may change as a result.

8.5. The Service automatically hides certain payment details and identifiers in transcripts before storage and before analysis. The hiding is based on pattern recognition, and there is no guarantee it will catch every case (for example numbers spoken as words). Voice recordings are not hidden, and are therefore deleted right after transcription.

8.6. TalkWiz does not use Customer Data to train artificial intelligence models, and uses APIs of providers that under their policy do not train models on information sent to them this way.

9. Third-party services and systems

9.1. The Service connects to third-party systems as the Customer chooses (for example CallMarker, WhatsApp, email programs and the Customer's systems). These systems are not under TalkWiz's control, and their use is subject to the terms of their providers.

9.2. TalkWiz is not responsible for the availability, proper functioning, security or changes of third-party systems, including a change in an interface that causes data not to arrive or not to be sent back.

9.3. The Service includes third-party software components, including open source software, which are subject to their license terms.

9.4. Features in trial. Features marked as new, experimental, "beta" or "in trial" are provided as is, without any undertaking as to availability, accuracy or continued existence. TalkWiz may change or remove them at any time, and will not be liable for any damage caused by their use.

10. Trial period

10.1. The free trial includes analysis of the organization's first 100 calls, free of charge, with no credit card and no time limit. To prevent abnormal use, the trial is also limited to 3,000 credits, so particularly long calls or transcription of recordings may end it before 100 calls.

10.2. When the trial ends, new calls are saved but not analyzed until a paid plan is chosen. After choosing a plan, the Customer can send the waiting calls for analysis, and they will use the plan's credits.

10.3. The free trial is given once per business. TalkWiz may refuse to open another trial, or end a trial, for a business that already enjoyed a trial or in case of suspected misuse.

10.4. During the trial the Service is provided as is, without any undertaking as to availability or support. TalkWiz may change or stop the trial terms.

11. Prices, credits and payment

11.1. The prices, the credits included in each plan and the price of an extra credit are shown on the plans page and in the billing settings. Prices do not include VAT, which will be added as required by law.

11.2. Use is measured in credits: one credit for each minute (or part of a minute) of an analyzed call, plus two credits for each minute of a call transcribed from a recording. Use is measured according to TalkWiz's system records.

11.3. Subscription fees are paid in advance for each billing period. Credits not used in the period do not carry over to the next period and do not entitle a refund. Use beyond the included credits (overage), if the Customer did not turn it off, is charged at the start of the next period, up to the cap that was set.

11.4. The subscription renews automatically every period, and the Customer authorizes charging the payment method it provided at each renewal. The payment method is given directly to the payment processor, and TalkWiz does not store card numbers.

11.5. If a payment fails, the Customer will be notified, and the charge will be retried. If payment is not settled within 7 days, TalkWiz may suspend the analysis until it is settled.

11.6. TalkWiz may change prices, plans and the credit price with at least 30 days' notice. The change will apply from the billing period after the notice. A Customer who does not agree may cancel before the change takes effect.

11.7. Amounts paid are not refunded, including for a period in which the Service was not used, unless the law requires otherwise. Tax invoices are issued and sent by email.

11.8. An amount not paid on time will bear linkage differentials and interest under the Adjudication of Interest and Linkage Law, 5721-1961, from the date set for payment until actual payment. The Customer will bear the reasonable costs of collecting the debt, including attorney's fees and the costs of proceedings.

11.9. Canceling a transaction or disputing a charge with the credit card company (chargeback) not in accordance with the Agreement will be deemed a breach, and the Customer will bear the canceled amount and the fees charged to TalkWiz for it. TalkWiz may suspend the Service until the matter is settled.

11.10. Prices do not include taxes, fees or levies that apply to the Customer. If the Customer is required to withhold tax from a payment to TalkWiz, it will gross up the payment so that TalkWiz receives the full amount it would have received without the withholding, unless TalkWiz presented a withholding exemption certificate.

11.11. Promotions, discounts and launch prices are valid only for the period stated in them, and at its end the regular price applies.

12. Intellectual property

12.1. All rights in the Service, including the code, design, analysis templates, instructions to the models, scoring mechanisms, documentation, trademarks and their improvements, belong to TalkWiz or its licensors.

12.2. Customer Data and the AI Outputs produced from it belong to the Customer. The Customer grants TalkWiz a license to process them only to the extent needed to provide the Service, secure it, support the Customer and comply with the law.

12.3. TalkWiz may produce and use aggregated statistical data and operational metrics (for example usage volume, processing times and costs), that do not identify the Customer, a User or any person, to operate and improve the Service.

12.4. Suggestions, feedback and ideas the Customer gives about the Service (including marking a finding as correct or wrong) are given without consideration, and TalkWiz may use them to improve the Service without any obligation toward the Customer.

13. Confidentiality

Each party will keep confidential non-public information of the other party that reached it in connection with the Agreement, and will use it only for the purpose of the Agreement. The obligation does not apply to information that was public, that was lawfully in the party's possession before, that was independently developed, or whose disclosure is required by law or order (and in such a case, where permitted, notice will be given to the other party).

14. Availability, support and backup

14.1. TalkWiz works to maintain reasonable availability of the Service, but does not undertake uninterrupted service, without faults, without data loss or without delays, and does not undertake a service level (SLA) except in a separate written agreement.

14.2. The Service may be unavailable for maintenance, updates, security or because of a fault at infrastructure providers. A call analysis may be delayed or fail, and in such a case the solution is to run the analysis again.

14.3. The Customer is responsible for keeping a copy of any information important to it in its own systems. The Service allows exporting call data and analysis outputs.

14.4. Support is given by email at info@talkwiz.app, on business days and during usual business hours, with reasonable effort.

15. Representations and limitation of liability

15.1. The Service is provided AS IS and AS AVAILABLE. To the fullest extent the law permits, TalkWiz gives no representation or undertaking, express or implied, including as to the accuracy, completeness or reliability of AI Outputs, fitness for a particular purpose, business results, or the compliance of the Customer's use with the law.

15.2. Damages we are not liable for. To the fullest extent the law permits, TalkWiz, its employees, managers and providers will not be liable for any indirect, consequential, special or punitive damage, for loss of profits, revenue, customers, deals, goodwill or anticipated savings, for loss of information or its recovery, or for any damage caused by:

15.3. Liability cap. To the fullest extent the law permits, TalkWiz's total and cumulative liability toward the Customer and anyone on its behalf, for all causes of action together (contract, tort, privacy, statute or any other cause), will not exceed the amount the Customer actually paid TalkWiz for the Service in the 12 months before the first event for which liability is claimed. During a trial period, or if nothing was paid, the cap is ILS 500.

15.4. The limitations in this section will not apply to damage caused with malice, nor where the law does not allow liability to be limited. In such a case liability will be limited to the fullest extent the law permits.

15.5. The parties agree that the limitations of liability are a material part of the Agreement and of the basis for the Service's pricing, and that TalkWiz would not have provided the Service at these prices without them.

15.6. The Customer will notify TalkWiz in writing of any claim in connection with the Service within a reasonable time from the day it learned of it, and allow it to fix the matter before taking proceedings.

15.7. Before taking legal proceedings, the parties will try to resolve any dispute through good-faith negotiation for 30 days from written notice. This does not prevent a party from seeking urgent relief.

16. Waiver of claims on matters that are the Customer's responsibility

16.1. Given that the Customer is the controller of the Customer Data and that the Service processes it according to its instructions, the Customer hereby finally waives any claim, demand or action against TalkWiz, its employees, managers and providers, including a claim of invasion of privacy, that originates in one of the following: data the Customer chose to enter into the Service; the absence of notice, information, consent or a legal basis; settings, permissions, retention periods and sharing the Customer set; an action of a User on behalf of the Customer; a transfer of information to a destination the Customer defined; use of AI Outputs; or use of the Service in breach of the Agreement.

16.2. The waiver does not apply to a breach of the security obligations or of TalkWiz's obligations as a holder under the Data Processing Agreement, and the limitations of liability in section 15 will apply to such claims.

17. Indemnity

17.1. The Customer will indemnify TalkWiz, its employees, managers and providers, immediately on demand, for any damage, loss, charge, compensation, monetary sanction (to the extent the law permits indemnity for it) and expense, including attorney's fees and legal costs, incurred by them in connection with a claim, action, complaint or proceeding of a third party (including End Customers, the Customer's employees, and authorities including the Privacy Protection Authority) arising from one of the following:

17.2. TalkWiz will notify the Customer of such a claim within a reasonable time, and allow it to participate in the defense at its own expense. The Customer will not settle on behalf of TalkWiz without its written consent.

18. Suspension

TalkWiz may suspend access to the Service, in whole or in part, immediately and without prior notice, if it has reasonable grounds to believe that the Customer or a User on its behalf is breaching sections 6 or 7, if needed to protect the Service, other customers or data subjects, or on the demand of a competent authority; and also under section 11.5 for non-payment. TalkWiz will work to restore access when the reason is removed.

19. Ending the engagement and deleting information

19.1. The Customer may cancel the subscription at any time in the billing settings. The cancellation takes effect at the end of the current billing period, and the overage of the last period will be charged.

19.2. TalkWiz may end the engagement for any reason with 30 days' notice, and in such a case will refund the pro rata part of subscription fees paid in advance for the unused period. TalkWiz may end the engagement immediately in case of a breach of sections 6 or 7, or of non-payment not settled within 14 days of notice, and in these cases no refund will be given.

19.3. The organization's owners may request deletion of the organization in the settings. The organization and all its data are permanently deleted 30 days after the request, and the request can be canceled until then. After the engagement ends for any other reason, TalkWiz may delete the Customer Data after 30 days.

19.4. The responsibility to export the data before deletion is the Customer's. TalkWiz is not obliged to keep data after the end of the engagement or to allow access to it, and may stop access to the organization on the date the engagement ends. After deletion the data cannot be recovered, except copies in backups that are deleted in the regular backup cycle, and except information TalkWiz must keep by law (for example accounting documents and records of terms acceptance).

19.5. Sections that by their nature are intended to apply after the end of the engagement will continue to apply, including sections 6, 8, 12, 13, 15, 16, 17, 19, 22 and 23.

20. Changes to the Agreement

20.1. TalkWiz may update the Agreement from time to time. We will notify of a material change by email or by notice in the Service at least 14 days before it takes effect, and ask Users to accept the updated version at their next login to the Service.

20.2. A change required by law, following a demand of an authority, or for security purposes, may take effect earlier.

20.3. A Customer that does not agree to a change may cancel the subscription before it takes effect. Continued use of the Service after the change takes effect, or accepting the updated version, constitutes consent to it.

21. Force majeure

TalkWiz will not be liable for a delay or non-performance caused by circumstances beyond its reasonable control, including war, hostilities, a state of emergency, a cyber attack, an outage of cloud, communication, electricity or artificial intelligence model providers, a pandemic, a strike or an order of an authority.

22. Evidence and communication

22.1. TalkWiz's system records, including records of use, credits, actions, terms acceptances and settings, will constitute prima facie evidence of their correctness.

22.2. Notices to the Customer will be sent to the email address of the organization's owners or shown in the Service, and will be deemed received one business day after they were sent. Notices to TalkWiz will be sent to info@talkwiz.app.

22.3. The Customer agrees to receive service, billing, security and agreement update messages from TalkWiz by email. Marketing messages will be sent only with consent and as required by law, and you can unsubscribe from them at any time.

23. Governing law and jurisdiction

23.1. The Agreement and any matter arising from it are governed only by the laws of the State of Israel, without applying its conflict of laws rules.

23.2. Exclusive jurisdiction over any matter arising from the Agreement is given to the competent courts in the Tel Aviv-Yafo district, and the parties waive any claim regarding the local jurisdiction of another court.

24. General

24.1. The Agreement is the entire agreement between the parties regarding the Service and prevails over any previous representation, offer or correspondence. Terms in the Customer's purchase documents or orders will not apply.

24.2. If a provision of the Agreement is found invalid or unenforceable, it will be narrowed to the extent needed to make it valid, and the other provisions will remain in force.

24.3. A waiver, forbearance or delay in exercising a right will not be deemed a waiver of the right.

24.4. The Customer will not transfer its rights or obligations under the Agreement without TalkWiz's written consent. TalkWiz may transfer the Agreement to another entity in a merger, acquisition, transfer of activity or structural change, provided the acquiring entity assumes its obligations toward the Customer.

24.5. The relationship between the parties is that of a service customer and an independent service provider. Nothing in the Agreement creates a partnership, agency, employment relationship or joint venture.

24.6. TalkWiz may mention the Customer's name and logo as a customer of the Service, unless the Customer asked otherwise in writing.

24.7. The Agreement was written in Hebrew. If it is translated into another language, the Hebrew version prevails.

24.8. Accepting the Agreement by electronic means (checking a box and clicking) binds the Customer like signing a written agreement. TalkWiz keeps a record of the version accepted, the user who accepted and the time of acceptance.

25. Contact

Yehonatan Shamam, licensed dealer no. 302910187, of 94 Yigal Alon Street, Tel Aviv-Yafo.

Email: info@talkwiz.app

Version 1.4

Questions about this document? info@talkwiz.app