Terms of Service

By registering for or using Askappel (operated by Genesis Optimisation), you agree to be bound by these Terms of Service. If you do not agree, you must not use the service.

Askappel provides an AI-powered voice receptionist platform for restaurants. The service includes:

• An AI agent that handles inbound telephone calls on your behalf.
• Automated order-taking, FAQ answering, and call logging.
• A dashboard for managing your agent, viewing call logs, orders, and analytics.
• Integration with Twilio for telephony and optional third-party text-to-speech providers.

• You must provide accurate, current, and complete information when creating an account.
• You are responsible for maintaining the confidentiality of your credentials.
• You must notify us immediately of any unauthorized access to your account.
• One account per organization. You may not resell access to the platform.

You agree to use Askappel solely for lawful purposes. You must not:

• Use the service for any illegal activity or to facilitate illegal activity.
• Attempt to circumvent, disable, or interfere with platform security.
• Use the AI agent to deceive callers about its nature as an automated system.
• Record or store calls in jurisdictions where doing so is unlawful without notice to callers.
• Exceed fair use thresholds or attempt to abuse the platform capacity.
• Reverse-engineer, decompile, or attempt to extract source code from the platform.

You retain ownership of all content you upload (menus, prompts, knowledge base). By uploading content, you grant Genesis Optimisation a non-exclusive, worldwide licence to process and transmit that content solely to provide the service.

You are solely responsible for ensuring your content complies with applicable laws and does not infringe third-party rights.

Our Privacy Policy is incorporated into these Terms by reference and governs our collection and use of your personal data.

You are responsible for informing callers that their calls may be handled by an AI system, and where required by law, for obtaining their consent to be recorded.

We aim to provide a reliable service but do not guarantee 100% uptime. The platform is provided "as is" without warranty. We are not liable for any downtime, data loss, or failure of third-party integrations (Twilio, OpenAI, AWS, Cartesia).

We reserve the right to perform scheduled maintenance; we will endeavour to notify you in advance.

To the maximum extent permitted by applicable law, Genesis Optimisation's total liability to you for any claim arising out of or relating to these Terms or the service shall not exceed the fees you paid in the 3 months preceding the claim.

We are not liable for indirect, incidental, special, consequential, or punitive damages, including lost revenue, lost profits, or missed orders.

You may cancel your account at any time from your account settings. Upon cancellation, your data will be retained for 30 days before permanent deletion, in accordance with our Privacy Policy.

We reserve the right to suspend or terminate your account immediately if you breach these Terms, without liability to you.

We may modify or discontinue features of the service at any time. We will give at least 30 days' notice before removing core functionality. Continued use after notice constitutes acceptance of changes.

These Terms are governed by the laws of Belgium. Any disputes shall be subject to the exclusive jurisdiction of the courts of Belgium.

This Data Processing Agreement ("DPA") forms part of the Terms of Service between the Controller (the restaurant or business using Askappel) and the Processor (Genesis Optimisation, operating Askappel), and governs the processing of Personal Data in connection with the service.

• Controller: the restaurant or business entity that has subscribed to Askappel and determines the purposes and means of processing Personal Data.
• Processor: Genesis Optimisation, which processes Personal Data on behalf of the Controller in order to provide the Askappel service.
• Personal Data: any information relating to an identified or identifiable natural person, as defined under GDPR Article 4(1).
• Processing: any operation performed on Personal Data, as defined under GDPR Article 4(2), including collection, recording, storage, retrieval, use, and deletion.

The Processor provides an AI voice receptionist service. Processing operations carried out on behalf of the Controller include:

• Receiving and routing inbound telephone calls to the AI agent.
• Transcribing caller audio in real-time using speech-to-text processing.
• Processing caller information including name, phone number, and delivery address.
• Storing call transcripts, order details, and call logs in the Controller's dashboard.

Customers and callers who contact the Controller's restaurant by telephone.

The following categories of personal data are processed:

• Telephone (caller) numbers
• First names (where provided by the caller)
• Delivery addresses (where provided for delivery orders)
• Order details (items, quantities, special requests)
• Call transcripts (full text of the conversation)

Processing continues for the duration of the Controller's active subscription. Upon termination of the subscription or written request, all Personal Data attributable to the Controller shall be permanently deleted within 30 days, unless a longer retention period is required by law.

The Processor undertakes to:

• Process Personal Data only on documented instructions from the Controller, including with regard to transfers.
• Ensure that persons authorised to process the data are bound by confidentiality obligations.
• Implement appropriate technical and organisational security measures as described in Article 9.
• Not engage new sub-processors without providing prior notice to the Controller (see Article 7).
• Assist the Controller in responding to data subject rights requests, as described in Article 10.
• Delete or return all Personal Data to the Controller upon termination of the service.
• Notify the Controller within 72 hours of becoming aware of a Personal Data breach.

The Controller authorises the Processor to engage the following sub-processors:

• Twilio Inc. (USA) — telephony services: call routing and recording.
• Deepgram Inc. (USA) — speech-to-text processing of caller audio in real-time.
• OpenAI Inc. (USA) — large language model processing for AI responses.
• Amazon Web Services (EU, eu-west-3 region) — cloud hosting and text-to-speech (Amazon Polly).
• Cartesia AI (USA) — text-to-speech synthesis for English and Dutch.
• Hetzner Online GmbH (Germany) — VPS hosting and data storage infrastructure.

The Processor will notify the Controller of any intended changes to this list, giving the Controller the opportunity to object before the new sub-processor commences processing.

Several sub-processors listed in Article 7 are located outside the European Economic Area (EEA), including in the United States. All such transfers are subject to appropriate safeguards, specifically Standard Contractual Clauses (SCCs) as approved by the European Commission under GDPR Article 46(2)(c), or other lawful transfer mechanisms.

The Processor implements the following technical and organisational security measures:

• TLS encryption for all data in transit.
• Encryption at rest for sensitive credentials (AES-256-GCM).
• Role-based access controls and authentication requirements.
• Security monitoring and logging of access to production systems.
• Regular security reviews and patching processes.

The Processor will assist the Controller in fulfilling its obligations to respond to data subject rights requests (access, rectification, erasure, portability, restriction, objection) within the timescales required by GDPR.

Data subjects may also contact the Processor directly at privacy@genesis-optimisation.com to exercise their rights, and the Processor will forward such requests to the relevant Controller without undue delay.

This DPA is governed by the laws of the European Union, in particular Regulation (EU) 2016/679 (the General Data Protection Regulation). Any disputes arising under this DPA shall be subject to the jurisdiction specified in the main Terms of Service.

Genesis Optimisation
Email: contact@genesis-optimisation.com