Recording & AI Terms

These terms (the "Recording Terms") govern the use of the call recording, transcription, analysis, and artificial-intelligence assistance features (the "AI Services") made available through the Ohmia platform (the "Platform").

The AI Services are provided by DS MARKETING ADVISOR DI STACCHI DAVIDE, registered office at Via Piergiorgio Gallotti 2, 00019 Tivoli (RM), Italy, VAT ID IT17076701006 (the "Provider").

By accessing the Platform and using the AI Services, the user (the "User") represents that they have read, understood, and fully accepted these Recording Terms. Acceptance is a necessary condition for using the relevant features.

1. Purpose and roles of the parties

These Recording Terms supplement the Platform's general Terms of Service and its Privacy Policy. For the purposes of applicable law on the protection of personal data and on artificial-intelligence systems, the Provider acts as the provider of the technological tools, and the User acts as the party using such tools in the course of its own activity and is the controller of the data relating to its own contacts and communications. Accordingly, the User is solely responsible for using the AI Services in compliance with the law applicable in its own jurisdiction and in that of the counterparties with whom it interacts.

2. Notice and consent requirement

Recording, transcribing, or otherwise capturing the content of a communication may be subject, in many jurisdictions, to the obligation to inform all parties in advance and, in certain cases, to obtain their consent. Certain jurisdictions (including several U.S. states and European Union member states) require the consent of all parties before recording or transcribing a conversation. Where a communication involves parties subject to different jurisdictions, the stricter rule may apply.

The User undertakes, under its sole responsibility, to: (a) inform each counterparty, in advance and clearly, that the call is assisted and/or recorded by means of artificial-intelligence tools; (b) obtain, where required by applicable law, the consent of each counterparty before activating recording or transcription; and (c) refrain from recording or transcribing where such consent has not been given, where required by law.

3. How the consent tool works

At the start of each call, the Platform prompts the User to confirm that notice has been given and that the counterparty has consented. If the User indicates that consent has been given, the Platform proceeds with full processing (audio recording, transcription, analysis, and summary). If the User indicates that consent has not been given, the Platform activates a protected mode in which no audio, transcript, conversation history, or content summary is retained; only the essential call data (date, time, duration, counterparty reference) and notes entered manually by the User are retained.

Real-time assistance features (live suggestions and translation) do not constitute recording or retention of content and may remain active in protected mode. For each call, the Platform records the User's indication as to whether consent was given, together with date and time, as evidence of the diligence adopted; this evidence does not entail the Provider's access to the content of the conversations.

4. Nature of the AI Services and data processing

The AI Services rely on leading-standard artificial-intelligence models, available including within the European Union, which process data solely to provide the requested features. Data processed within the AI Services is not used to train the artificial-intelligence models and is processed only within the technical flow necessary to provide the service. The Provider does not access the content of the User's conversations in the ordinary operation of the Platform; processing is carried out on an automated basis. Interaction with the artificial-intelligence features is disclosed in accordance with applicable transparency obligations.

5. Liability and indemnification

The User acknowledges that it is solely responsible for compliance with applicable law on the recording of communications, the protection of personal data, and the transparency of artificial-intelligence systems. The User undertakes to indemnify and hold the Provider harmless from any claim, action, damage, cost, or expense, including legal fees, arising from any use of the AI Services that does not comply with these Recording Terms or with applicable law, including any failure to meet the notice and consent obligations set out in Section 2. The Provider is not responsible for the manner in which the User uses the AI Services, nor for the content of the communications handled by the User.

6. Amendments

The Provider may amend these Recording Terms, giving notice to the User. Continued use of the AI Services after such notice constitutes acceptance of the amendments.

7. Governing law and jurisdiction

These Recording Terms are governed by Italian law, with exclusive jurisdiction of the courts of Tivoli (RM), Italy, without prejudice to mandatory provisions of law.

8. Contact

For any request regarding the protection of personal data: hello@ohmia.ai.