Terms and Conditions
DeepCalls GmbH | UID: CHE-382.093.446
lara@deepcalls.io | deepcalls.io
Article 1 – Definitions
1.1 DeepCalls GmbH (UID: CHE-382.093.446) is a company registered in Switzerland specialising in cybersecurity assessments, including the simulation of social engineering by telephone (voice phishing). In these terms, DeepCalls GmbH is referred to as “DeepCalls”.
1.2 Client: the organisation or person entering into an agreement with DeepCalls.
1.3 Assignment: the work carried out by DeepCalls for the Client in exchange for payment.
1.4 Agreement: the written arrangement between DeepCalls and the Client, including any appendices such as a Statement of Work or quotation.
Article 2 – Applicability
2.1 These general terms and conditions apply to all offers, quotations, agreements, and services of DeepCalls.
2.2 Deviations from these terms are only valid if expressly agreed in writing by both parties.
Article 3 – Nature of the services
3.1 DeepCalls performs cybersecurity assessments, including simulated social engineering scenarios by telephone. These are always carried out with the Client’s prior written authorisation.
3.2 DeepCalls performs its work on a best-efforts basis: it aims for the best possible result, but no specific outcome can be guaranteed.
3.3 DeepCalls does not obtain access to the Client’s IT systems and does not intervene in them.
Article 4 – Formation of the agreement
4.1 All offers made by DeepCalls are non-binding unless expressly stated otherwise.
4.2 An agreement is formed at the moment DeepCalls confirms an assignment in writing.
4.3 All intellectual property rights in materials developed by DeepCalls — such as test scenarios, methods, and reports — remain vested in DeepCalls.
Article 5 – Execution of the assignment
5.1 DeepCalls carries out the assignment with due care and in accordance with professional standards.
5.2 The Client shall ensure that DeepCalls receives all necessary information, access, and authorisations in a timely manner.
5.3 DeepCalls may engage third parties in the execution of the assignment where necessary or desirable.
Article 6 – Fees and payment
6.1 Fees and payment arrangements are set out in the quotation or Statement of Work.
6.2 Invoices must be paid within 30 days of the invoice date, unless otherwise agreed in writing.
6.3 In the event of late payment, DeepCalls is entitled to charge statutory commercial interest and reasonable collection costs.
Article 7 – Confidentiality
7.1 DeepCalls treats all information it receives in connection with an assignment as strictly confidential and does not share it with third parties unless necessary for the performance of the assignment or required by law.
7.2 This duty of confidentiality also applies after completion or termination of the agreement.
7.3 The Client shall also treat information about DeepCalls’ methods, working practices, and results as confidential.
Article 8 – Privacy and data protection
8.1 In the course of its services, DeepCalls may process personal data, such as the names and telephone numbers of the Client’s employees. This is done only to the extent necessary for the execution of the assignment.
8.2 DeepCalls processes personal data in accordance with applicable privacy legislation, including the GDPR where relevant.
8.3 The Client is responsible for informing the data subjects (employees) about the assessment insofar as this fits within the test design. The parties make arrangements about this in advance.
8.4 DeepCalls does not retain personal data longer than necessary for the execution of the assignment and the agreed reporting obligations. After completion of the assignment, data will be deleted or anonymised at the Client’s request.
8.5 DeepCalls takes appropriate technical and organisational measures to protect personal data against unauthorised access, loss, or misuse.
8.6 If the processing of personal data requires a data processing agreement, the parties are prepared to record this additionally in writing.
Article 9 – Liability
9.1 DeepCalls’ liability for damage arising from or related to the execution of an assignment is limited to the amount paid by the Client for the relevant assignment.
9.2 Liability is in all cases further limited to the amount covered and actually paid out under DeepCalls’ professional liability insurance. Where both limitations apply, the lower amount shall prevail.
9.3 DeepCalls is not liable for indirect damage, such as loss of revenue, data loss, or reputational damage.
9.4 DeepCalls is not liable for damage resulting from incorrect or incomplete information provided by the Client.
9.5 Claims must be submitted to DeepCalls in writing within two months after discovery, failing which the right to compensation lapses.
Article 10 – Indemnity
10.1 The Client indemnifies DeepCalls against third-party claims — including claims by employees, contractors, or representatives of the Client — arising from the performance of the agreement. This indemnity applies only if DeepCalls has acted within the agreed scope and on the basis of the Client’s written authorisation.
10.2 The indemnity includes all reasonable legal costs and other costs incurred by DeepCalls as a result of such claims.
10.3 Both parties shall inform each other without delay if a third party brings a claim falling within this indemnity, and shall consult on the approach to be taken.
Article 11 – Intellectual property
11.1 All intellectual property rights in materials developed by DeepCalls remain vested in DeepCalls.
11.2 The Client receives a limited, non-exclusive right to use the delivered reports solely for internal purposes. Distribution to third parties or publication is not permitted without the prior written consent of DeepCalls.
Article 12 – Client responsibility
12.1 The Client remains at all times responsible for its own information security, internal policy, and compliance with applicable laws and regulations.
12.2 DeepCalls provides assessments and recommendations. The decision to take measures on that basis rests with the Client.
Article 13 – Governing law and competent court
13.1 Swiss law shall in principle govern these terms and the agreements between the parties.
13.2 Disputes shall in principle be submitted to the competent court in the place of establishment of DeepCalls GmbH in Switzerland.
13.3 If the Client is a Dutch municipality or another Dutch public body, the parties deviate from the above: in that case Dutch law shall apply and the competent court shall be the court in the district of the Client’s registered seat, unless the parties agree otherwise in writing.
Article 14 – Amendments to these terms
14.1 DeepCalls reserves the right to amend these terms.
14.2 Amendments are communicated to the Client in writing at least 30 days before they take effect.
14.3 The amended terms apply to all new agreements entered into after their effective date. Ongoing agreements remain governed by the version in force at the start, unless the Client expressly agrees in writing to the new version.
Article 15 – Force majeure
15.1 DeepCalls is not liable for failure or delay in the performance of its obligations due to circumstances beyond its reasonable control, such as illness, technical failures, or government measures.
15.2 DeepCalls shall inform the Client as soon as possible of a force majeure situation and will make reasonable efforts to resume the work as quickly as possible.
Article 16 – Client cooperation
16.1 The Client shall ensure that DeepCalls timely receives all information, access, and authorisations necessary for the execution of the assignment.
16.2 If the Client fails to do so or does so too late, DeepCalls is entitled to suspend performance without incurring liability.
16.3 Any delays resulting therefrom shall be for the Client’s account and risk.
Version: adopted on 14 April 2026. These terms remain applicable until a new version is formally adopted in writing.