Terms of Service

1. The Provider

• Name: Dávid Szél, sole trader (egyéni vállalkozó)
• Registered seat: Bocskai utca 24., floor −1, door 3, 5600 Békéscsaba, Hungary
• Registration number: 61934993
• Tax number: 91804026-1-24
• Statistical code: 91804026-6210-231-04
• Registering authority: Hungarian National Tax and Customs Administration (NAV) — Register of Sole Traders (EVNY). Verifiable at evny.nav.gov.hu/portal
• Trading since: 20 February 2026
• VAT status: exempt under the Hungarian VAT Act (Act CXXVII of 2007)
• Email: info@windyapp.hu
• Website: windyapp.hu

Hosting provider: Rackhost Zrt. (seat: Tisza Lajos körút 41., 6722 Szeged, Hungary; company registration number: 06-10-000489; tax number: 25333572-2-06; email: info@rackhost.hu)

2. Definitions

• Service: Windy, an AI-based telephone assistant service that answers calls the Subscriber does not take or forwards to it, holds a conversation with the caller, produces a summary of the call and delivers it to the Subscriber, together with the associated web dashboard.
• Subscriber: a company, sole trader or other business entity using the Service in the course of its business. The Service is not available to consumers.
• Caller: a person who dials the Subscriber's Service Number and whose call is answered by the Assistant.
• Service Number: the telephone number the Provider makes available to the Subscriber as part of the Service, to which the Subscriber forwards calls.
• Assistant: the software call handler that speaks with a synthetic voice, whose name, voice and Script are configured by the Subscriber.
• Script: the text supplied by the Subscriber that determines what the Assistant says and how it says it.

3. Scope and acceptance

3.1. These Terms set out the general conditions of the service relationship between the Provider and the Subscriber.

3.2. The Subscriber accepts these Terms by placing a subscription order, starting the trial period, or beginning to use the Service — whichever occurs first.

3.3. The Provider may amend these Terms unilaterally. The Provider will notify the Subscriber by email at least 15 days before an amendment takes effect. If the Subscriber does not accept the amendment, it may terminate the agreement with immediate effect and without charge before the amendment takes effect.

3.4. The language of the contract is Hungarian. The contract is not filed as a written contract; it is recorded electronically by the Provider and made accessible to the Subscriber on request.

4. What the Service includes

4.1. Under the Service, the Provider:

• makes a Service Number available to the Subscriber;
• answers calls to that number through the Assistant;
• produces written summaries of calls and delivers them by SMS, by email and in the dashboard;
• provides a web dashboard for managing calls, transcripts and settings;
• provides appointment booking in the Service's own calendar on the Pro and Premium plans, and sends each booking as a standard calendar attachment (.ics) so the Subscriber can add it to their own calendar;
• on the Pro and Premium plans, makes a returning Caller's earlier call records available to the Assistant;
• on the Pro and Premium plans, allows the Assistant to speak in a voice generated from a recording uploaded by the Subscriber (clause 8A);
• on the Pro and Premium plans, places outbound calls as directed by the Subscriber (clause 4A);
• transfers a call to a telephone number given by the Subscriber, where the Subscriber has enabled this.

4.2. The exact contents and limits of each plan are set out in the plan descriptions published on the website as amended from time to time. Calendar booking is not available on the entry-level plan.

4.3. The Assistant only records information on behalf of the Subscriber and does not make contractual declarations on the Subscriber's behalf. A conversation between the Assistant and a Caller does not create a contract between the Subscriber and the Caller.

4.3.1. The Assistant states a price only where the Subscriber has entered a price list in the dashboard, and only for the items on that list. Any price given this way is indicative and does not constitute an offer, and the Assistant always adds that the final amount depends on inspecting the job. The Subscriber is responsible for the content and accuracy of the price list.

4.4. Configuring call forwarding with the Subscriber's own telephone operator is the Subscriber's responsibility. Any charges for this are levied by that operator and do not form part of the Service fee.

4.5. The Service Number remains under the control of the Provider or its telecommunications partner. On termination the Service Number is withdrawn; the Provider does not offer number portability.

4.6. What the Assistant says is determined by the Script supplied by the Subscriber. The Subscriber is responsible for the content, lawfulness and accuracy of the Script.

4A. Outbound calls. On the Pro and Premium plans the Assistant may also place outbound calls as directed by the Subscriber: appointment reminders, follow-up calls after a job, or calls to a list uploaded by the Subscriber.

4A.1. The Subscriber is responsible for the lawfulness of outbound calls, and in particular for holding the called party's prior, explicit consent. For list-based outreach the Subscriber must state the source of that consent; without it the system does not place the call. The Subscriber acknowledges that under section 6 of Hungarian Act XLVIII of 2008 on commercial advertising, marketing calls made by an automated calling system require the recipient's prior, clear and explicit consent.

4A.2. Outbound calls are placed on weekdays between 8am and 8pm only. If a called party asks in any form not to be contacted again, the system excludes that number from further calls immediately and permanently; neither the Subscriber nor the Provider can reverse this without the called party's request.

5. Formation of the contract, trial period

5.1. The Subscriber orders the Service electronically on the website. The steps are: selecting a plan, entering payment details, then creating the account. Input errors can be corrected on the form at any point before the order is submitted.

5.2. The contract is formed for an indefinite term when the Provider confirms the order and the account is created.

5.3. Orders for the entry-level plan include a 7-day free trial. A valid payment card is required to start the trial, but the Provider does not charge the card during the trial. During the trial the Subscriber may terminate at any time, without reason and without charge.

5.4. At the end of the trial, unless the Subscriber has terminated, billing begins and the Provider charges the first monthly fee to the card on file.

5.5. The Premium plan cannot be ordered directly; its terms are agreed between the parties in advance.

6. Fees and payment

6.1. The fees for the Service are those published on the website as amended from time to time. The fee, the plan's monthly call-minute allowance and the currency applicable to your subscription are shown before you complete your order and on the checkout page.

6.2. The Provider is VAT-exempt in Hungary, so invoices do not include Hungarian VAT. Where the Subscriber is a taxable person established in another EU Member State, the reverse-charge mechanism applies. Subscribers outside the European Union are responsible for any import, sales, use or withholding taxes arising in their own jurisdiction.

6.3. Fees are payable monthly in advance by payment card through Stripe. The Provider never sees or stores card details; these are handled solely by Stripe. The subscription renews automatically each month until terminated.

6.4. The Provider issues an electronic invoice for each payment and sends it to the Subscriber by email.

6.5. Exceeding the allowance. If usage in a given month exceeds the call minutes included in the plan, the Provider will notify the Subscriber. The Provider does not suspend call answering for exceeding the allowance and does not charge extra automatically. Unused minutes do not roll over.

6.5.1. Minute top-up. The Subscriber may buy a one-off minute top-up for the current month from the dashboard. A top-up is a single payment, does not recur, and the minutes purchased expire at the end of the calendar month; they do not roll over and are not refundable. The current number of minutes and the price of a top-up are set out in the price list published on the website.

6.6. If a card charge fails, the Provider may retry it. If payment is still not received within 15 days of the due date, the Provider may suspend the Service until the outstanding amount is settled. While suspended, calls to the Service Number are not answered.

6.7. The Provider may change its fees unilaterally, giving the Subscriber at least 30 days' notice by email. The Subscriber may terminate under clause 11.1 in response.

7. Subscriber obligations and acceptable use

7.1. The Subscriber may use the Service only for lawful purposes and in the course of its own business. The Subscriber is responsible for keeping its account credentials secure.

7.2. The Service and the Service Number must not be used:

• to make unsolicited marketing calls (cold calling);
• to mislead or harass Callers, or to collect data unlawfully;
• to use another person's calling number without authorisation (caller ID spoofing);
• to configure a Script that contains false statements or that presents the Assistant as a human being;
• for any activity that breaches applicable law, regulatory requirements, or the policies of the Provider's telecommunications partners.

7.3. Outbound calls may be made through the Service only to a Caller who has previously contacted the Subscriber or who has expressly consented to being called back.

7.4. If clause 7.2 is breached, the Provider may suspend the Service without prior warning and, in the case of a serious or repeated breach, terminate the agreement with immediate effect. The Subscriber is liable for any resulting damage and regulatory penalties.

8. Call recording and data protection

8.1. The Service necessarily involves recording the conversation between the Assistant and the Caller and converting it into a written transcript.

8.2. In respect of Callers' personal data, the Subscriber is the data controller and the Provider acts as data processor on the Subscriber's behalf. It is the Subscriber's responsibility to inform Callers about its own processing in accordance with the GDPR and to establish a lawful basis for it.

8.3. At the start of the call the Assistant informs the Caller that they are speaking to a digital assistant and that the call is being recorded. Disabling or circumventing this notice is prohibited and constitutes a material breach under clause 7.2.

8.4. Recordings and transcripts are retained for the duration of the agreement. The Subscriber may delete them at any time in the dashboard, and may also ask the Provider to delete them. After termination, clause 11.4 applies.

8.5. To deliver the Service the Provider engages further processors — including telecommunications, speech recognition, speech synthesis, language model, hosting and payment providers — some of which operate outside the European Economic Area. The list of processors and the detailed rules of processing are set out in the separately published Privacy Notice.

8.6. By ordering the Service the Subscriber authorises the Provider to engage the further processors referred to in clause 8.5.

8A. The Subscriber's voice

8A.1. On the Pro and Premium plans the Subscriber may upload a voice recording, from which the Provider's partner builds a voice model. The Assistant then speaks in that voice if the Subscriber selects it.

8A.2. By uploading, the Subscriber declares that the recording is their own voice and consents to it being processed. Uploading another person's voice is prohibited, and the Subscriber bears all consequences of doing so.

8A.3. The voice model does not change the fact that the Assistant introduces itself as an assistant at the start of the conversation. The Service is neither suitable nor permitted for making the Assistant pass itself off as the Subscriber or as any other natural person.

8A.4. The Subscriber may delete the voice model at any time from the dashboard. On termination of the contract the Provider deletes it.

9. Availability and maintenance

9.1. The Provider aims to keep the Service running continuously but does not guarantee any particular level of availability, and no service level agreement (SLA) applies to the Service.

9.2. The Service depends fundamentally on third parties: telecommunications networks, speech recognition and speech synthesis providers, the language model provider and the hosting provider. The Provider is not liable for outages caused by the failure, maintenance or discontinuation of those services.

9.3. The Provider will give advance notice of planned maintenance where reasonably possible.

9.4. If the Service is unavailable for more than 48 hours in total in a calendar month for reasons attributable to the Provider, the Provider will, at the Subscriber's request, credit a pro-rata part of that month's fee against the following month's invoice. This is the Subscriber's sole remedy for outages.

10. Liability

10.1. The Service is based on artificial intelligence. The accuracy of speech recognition, transcripts and summaries cannot be guaranteed; the Assistant may misunderstand, omit or incorrectly record information. The Subscriber acknowledges that the Service does not replace human handling and must treat the summaries accordingly.

10.2. The Service is not an emergency service. The Provider does not guarantee that the Assistant will recognise or escalate emergency calls.

10.3. The Provider is not liable for lost profit, lost business opportunity, or damage arising from calls that were not answered, were misunderstood or were recorded incorrectly.

10.4. Save for damage caused intentionally and damage to human life, bodily integrity or health, the Provider's liability is limited to the total fees actually paid by the Subscriber in the 12 months preceding the event giving rise to the claim.

10.5. The Subscriber is responsible for the content of the Script and for meeting its own obligations towards its customers. If a third party or authority brings a claim against the Provider as a result of the Subscriber's breach, the Subscriber shall indemnify the Provider.

11. Termination

11.1. There is no minimum term. The Subscriber may terminate at any time, without reason, in the dashboard or by email. Termination takes effect on the last day of the subscription period already paid for; the Provider does not refund on a pro-rata basis.

11.2. The Provider may terminate on 30 days' notice without giving reasons. In that case the Provider refunds the fee for the unused period.

11.3. The Provider may terminate with immediate effect in the event of a material breach under clause 7.2.

11.4. On termination the Service Number is withdrawn. The Provider keeps the Subscriber's data, recordings and transcripts accessible for 30 days after termination so that the Subscriber can download them, and deletes them thereafter. Statutory retention obligations (for example accounting records) are unaffected.

12. Complaints and disputes

12.1. Complaints may be submitted to info@windyapp.hu. The Provider will investigate and respond in writing within 30 days.

12.2. Because the Service is not offered to consumers, consumer protection and conciliation board procedures do not apply to this agreement.

12.3. The parties will seek to resolve disputes by negotiation. Failing that, this agreement is governed by Hungarian law and the Hungarian courts have jurisdiction.

13. Intellectual property

13.1. The Service, the website, the dashboard and the "Windy" name and logo are the intellectual property of the Provider. The Subscriber receives a non-exclusive, non-transferable right to use the Service for the term of the agreement.

13.2. The Script and knowledge material uploaded by the Subscriber remain the Subscriber's property. The Provider uses them solely to deliver the Service.

14. Miscellaneous

14.1. Matters not regulated in these Terms are governed by Act V of 2013 on the Civil Code, Act CVIII of 2001 on electronic commerce services, and other applicable Hungarian and European Union law.

14.2. If any provision of these Terms is held invalid, the validity of the remaining provisions is unaffected.

14.3. The Subscriber may not assign its rights and obligations under the agreement without the Provider's prior written consent.

14.4. The current version of these Terms is available at windyapp.hu/terms.html, and the binding Hungarian version at windyapp.hu/aszf.html.