Terms and Conditions
Terms and Conditions
1. Introduction
Welcome to AYBIZA. These Terms and Conditions ("Terms") govern your use of our AI-powered inbound phone system services ("Services"). By accessing or using our Services, you agree to comply with and be bound by these Terms.
2. Definitions
- "Services": The AI-powered inbound phone system and related functionalities provided by AYBIZA.
- "User": Any individual or entity utilizing the Services.
- "Client": The contracting party receiving the Services.
- "Confidential Information": Non-public information disclosed between the parties.
- "Third-Party Providers": External service providers integrated into our Services, such as Twilio, Make.com, ChatGPT, and others.
3. Services Provided
3.1 AI-Powered Inbound Phone System: We offer an AI-driven system that handles inbound calls 24/7 for sales and support inquiries.
3.2 Automated Actions: Our system can perform tasks such as sending emails or SMS messages, integrating with your email and calendar systems via Make.com.
3.3 Third-Party Integrations: We utilize services from AI voice providers, Twilio, Make.com, ChatGPT, Google Drive, and others to deliver our Services.
3.4 Telephone Number Provisioning: We assist in provisioning a UK phone number through Twilio or another suitable provider, to be managed by you.
4. User Responsibilities
4.1 Account Information: You agree to provide accurate and complete information when creating an account and to update this information as necessary.
4.2 Compliance: You agree to use our Services in compliance with all applicable laws and regulations, including data protection laws.
4.3 Prohibited Uses: You agree not to use our Services for any unlawful purposes or in a manner that could damage, disable, or impair our Services.
4.4 Account Security: You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.
5. Fees and Payment
5.1 Subscription Plans: Our Services are offered on a subscription basis. Details of available plans and pricing are provided on our website.
5.2 Payment Terms: Payments are due in advance for each subscription period. Failure to make timely payments may result in suspension or termination of Services.
5.3 Refunds: Refunds are not provided except as required by law or as specified in your subscription plan.
6. Intellectual Property
6.1 Ownership: All intellectual property rights in our Services, including software, content, and trademarks, are owned by us or our licensors.
6.2 License: We grant you a non-exclusive, non-transferable license to use our Services in accordance with these Terms.
6.3 Restrictions: You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software.
7. Confidentiality
7.1 Confidential Information: Both parties agree to keep all proprietary and confidential information strictly confidential during the term of this agreement and for two years after its termination.
7.2 Use of Confidential Information: Confidential information shall not be used for any purpose other than fulfilling obligations under this agreement.
7.3 Exceptions: Confidentiality obligations do not apply to information that is already in the public domain, lawfully obtained from a third party without restrictions, or required to be disclosed by law or court order (with prior notice to the other party, if permitted).
8. Data Protection
8.1 Compliance: We comply with applicable data protection laws, including the General Data Protection Regulation (GDPR) and relevant US privacy regulations.
8.2 Data Processing: We process personal data as described in our Privacy Policy. By using our Services, you consent to such processing.
8.3 Third-Party Services: We utilize third-party services to deliver our Services. These providers process your data on our behalf and are contractually obligated to protect your information.
9. Service Availability and Limitations
9.1 Third-Party Dependencies: Our Services depend on third-party providers such as AI voice providers, Twilio, Make.com, ChatGPT, and others. Outages or issues with these providers may affect service availability.
9.2 Liability Limitation: We are not liable for service disruptions caused by third-party providers.
9.3 Communication of Issues: We will inform you of any third-party service issues as soon as they are identified and will coordinate with providers to expedite resolution.
10. Limitation of Liability
10.1 Indirect Damages: We are not liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly.
10.2 Total Liability: Our total liability for any claims under these Terms is limited to the amount you paid us to use the Services.
11. Indemnification
You agree to indemnify and hold us harmless from any claims, damages, liabilities, and expenses arising out of your use of our Services or violation of these Terms.
12. Termination
12.1 Termination by You: You may terminate your subscription at any time by providing written notice.
12.2 Termination by Us: We may terminate or suspend your access to our Services if you violate these Terms or if we are required to do so by law.
12.3 Effect of Termination: Upon termination, your right to use the Services will immediately cease.
13. Amendments
We may amend these Terms from time to time. We will notify you of any significant changes by posting the updated Terms on our website and indicating the date of the latest revision. Your continued use of the Services after such changes constitutes your acceptance of the new Terms.
14. Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of Spain. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts of Barcelona, Spain.
15. Force Majeure
Neither party shall be liable for any failure or delay in performance under these Terms due to causes beyond their reasonable control, including but not limited to natural disasters, wars, acts of terrorism, pandemics, governmental actions, or failures of telecommunications networks.
16. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
17. Entire Agreement
These Terms constitute the entire agreement between the parties regarding the subject matter herein and supersede all prior agreements or understandings, whether written or oral.
18. Contact Information
If you have any questions or concerns about these Terms, please contact us at:
- Email: info@aybiza.com
- Address: Casanova 101, Barcelona, Spain