What happens to the calls, and the rules we keep

Upshot builds and runs AI phone agents for businesses. Upshot is run by Francesco Franceschetti and is based in Barcelona, Spain. In these pages “we” means Upshot. “Our client” means a business that uses one of our agents, and “a caller” means anyone our agent speaks to or texts on a client’s behalf.

Questions about anything on this page: francesco@upshotagents.com.

• The calculator runs entirely in your browser. What you type into it is never sent to us or stored.
• No advertising or tracking cookies. We count visits with Cloudflare Web Analytics, which sets no cookies and does not identify you. It tells us how many people visited and which pages they read.
• Booking a call takes you to our booking page on Cal.com. The name, email and notes you enter there are used to hold the call and to prepare for it, and nothing else.
• Emailing us gives us your email address and whatever you write. We use it to reply.
• Talking to our agent on this site is recorded. Your browser asks before it lets her hear your microphone, and nothing is recorded until you start the conversation. The audio and a written transcript are handled by ElevenLabs. What you tell her (your name, your business, your email, what you need) is used to book your call and prepare a demo for your business, and nothing else. A conversation ends by itself after five minutes. The recording and transcript are deleted after 90 days, or sooner if you ask us at francesco@upshotagents.com.

When our agent answers or makes a call for a client, the client decides what the call is for and we carry it out on their instructions. In data protection terms the client is the controller and we are their processor.

• What is handled: the caller’s phone number, the call audio, a written transcript and summary, and any booking details given on the call (name, time, address, what the job is).
• What it is used for: answering the caller, booking the appointment, texting the confirmation, and sending the client a summary. We also review calls to find and fix the agent’s mistakes.
• What it is never used for: selling, advertising, or training anybody else’s product.
• How long it is kept: recordings and transcripts are deleted after 90 days unless the client asks us to keep them longer, and everything is deleted within 30 days of a client’s contract ending.

• Our agents are AI. If a caller asks whether they are speaking to a person, the agent says it is not, the first time it is asked.
• Calls are recorded so the client can check what was agreed and so we can improve the agent. Where the law requires callers to be told, or to agree, the agent says so at the start of the call.
• A caller who wants a person is put through to the client or given a way to reach them. The agent does not argue.

Instant Callback, Reactivation and Outbound ring people from a list. The rules we hold every campaign to:

• We only call lists the client owns and is allowed to contact. The client confirms this before a campaign starts and is responsible for the consent behind it.
• Anyone who asks not to be called again is removed that day and never called again from any list for that client.
• Numbers on the national do-not-call registers are screened out where the law requires it.
• We call at reasonable local hours only, never early morning or late night.
• Every text says who it is from, and replying STOP ends all texts from that number.

A few specialist companies process data for us, under their own security and privacy terms. Some of them are outside the UK and the EU; where that applies, the transfer is covered by standard contractual clauses.

You can ask us what we hold about you, to correct it, to delete it, or to stop using it. Write to francesco@upshotagents.com. If you were a caller, we pass the request to the business you called and help them answer it within one month.

If you are not happy with our answer you can complain to a data protection authority: ours is Spain’s Agencia Española de Protección de Datos (aepd.es), or you can go to your own, such as the Information Commissioner’s Office in the UK (ico.org.uk).

• Monthly, cancel any month. Monthly plans run one month at a time. Cancel by email before the next month starts and nothing further is charged.
• Setup. The one-off setup fee covers building the agent, your rules and the testing before it goes live. It is charged once, when the build starts. Cancel before we start building and it is refunded in full; once the build has started it is not refundable.
• Reactivation is billed per appointment booked, at the agreed rate, monthly in arrears.
• Prices are in US dollars and exclude taxes, which are added where they apply. We agree a price before we start and do not change it without telling you a month in advance.
• What you are responsible for: the accuracy of the prices, hours and rules you give us, and the right to contact any list you hand us.
• What we are responsible for: building and running the agent with reasonable care and fixing mistakes promptly once we know about them. Our total liability is limited to the fees you paid us in the 12 months before the claim.
• Law. These terms are governed by Spanish law, and the courts of Barcelona hear any dispute. If you are a consumer, you keep the protection of the law where you live.