Terms of Service

1. Who we are

The services are provided by Zirvo OÜ, a private limited company registered in the Estonian Commercial Register under registry code 17611162, with its address at Comerç 39, 08620 Sant Vicenç dels Horts, Barcelona, Spain ("Zirvo", "we", "us"). You can reach us at hello@zirvo.ai.

2. Business customers only

Our services are intended exclusively for businesses, professionals and organisations. By accepting these Terms you confirm that you are acting for purposes related to your trade, business or profession, and not as a consumer. The person accepting these Terms confirms that they are authorised to bind the business they represent ("Customer", "you").

3. The services

Zirvo provides AI-powered communication and process automation software as a service, which may include online booking management, AI voice agents that answer and handle phone calls, WhatsApp messaging automation and workflow automation (the "Services"). The specific features available to you depend on your plan or on the order form or quote agreed with you.

We continuously improve the Services and may add, change or remove features. We will not materially reduce the core functionality of a paid plan during a paid subscription period without giving you notice and the option to cancel.

4. Your account

• You must provide accurate and complete information and keep it up to date.
• You are responsible for keeping login credentials confidential and for all activity under your account, including by users you invite.
• Please notify us immediately at support@zirvo.ai if you suspect unauthorised access.

5. Plans, fees and payment

• Fees are those shown on our website or in the order form or quote at the time of purchase. Unless stated otherwise, prices are in euros and exclude VAT and other applicable taxes.
• Subscriptions are billed in advance on a monthly or annual basis and renew automatically for the same period until cancelled.
• Payments are processed by our payment provider Stripe, or by bank transfer against an invoice. You authorise us to charge the payment method you provide for recurring fees.
• Usage-based items (for example call minutes or message volumes above your plan) are charged as described in your plan.
• We may change our prices with at least 30 days' notice. Changes apply from your next billing period; if you do not agree, you may cancel before the change takes effect.
• If a payment fails or an invoice is overdue, we will notify you. If payment is not made within 14 days of that notice, we may suspend the Services until the outstanding amount is paid.
• For customers established in another EU member state with a valid VAT number, VAT may be accounted for under the reverse-charge mechanism where applicable.

6. Cancellation

You can cancel your subscription at any time from your account or by writing to billing@zirvo.ai. Cancellation takes effect at the end of the current billing period, and you keep access until then. Refunds are governed by our Refund Policy.

7. Setup and project work

Implementation, integration and custom automation projects are provided under a separate written quote that describes the scope, price and payment terms. If there is a conflict between a quote and these Terms, the quote prevails for that project.

8. Your responsibilities and acceptable use

You are responsible for how you use the Services and for the content, rules and information you configure in them (for example opening hours, menus, prices, booking policies and message templates). You agree that you will:

• use the Services only in compliance with applicable laws, including data protection, telecommunications, consumer protection and marketing laws;
• obtain any consents required from the people you contact or whose data you process, including for call recording and for marketing messages;
• inform the people who interact with an AI voice agent or chatbot that they are communicating with an AI system, where required by law. By default, Zirvo configures its AI agents to disclose that they are automated;
• comply with the policies of third-party channels you use through Zirvo, such as the WhatsApp Business policies;
• not use the Services to send spam or unsolicited bulk messages, make unlawful or harassing calls, impersonate others, or distribute unlawful, misleading or harmful content;
• not attempt to reverse engineer, overload, disrupt or gain unauthorised access to the Services.

9. AI-generated output

The Services use artificial intelligence to understand and generate speech and text. AI output may occasionally be inaccurate, incomplete or inappropriate. You should review how the Services are configured and monitor their results. The Services are not designed for emergency, medical, legal or other safety-critical situations, and must not be relied upon for them. Where a conversation requires human judgement, the Services can be configured to hand over to your staff.

10. Third-party services

The Services rely on and may integrate with third-party providers, such as messaging platforms, telephony networks, AI model providers and payment processors. Your use of those channels may also be subject to the third party's own terms. We are not responsible for outages, changes or decisions of third-party providers that are outside our reasonable control, but we will take reasonable steps to limit their impact on you.

11. Data protection

Our processing of personal data about you, your users and our website visitors is described in our Privacy Policy.

When the Services process personal data on your behalf (for example data about your guests, callers or customers), you are the controller and Zirvo acts as your processor. In that case, our Data Processing Agreement under Article 28 of the GDPR forms part of these Terms. You can request a copy at privacy@zirvo.ai.

12. Intellectual property

• We and our licensors own all rights in the Services, the software and related materials. Subject to these Terms and payment of the fees, we grant you a non-exclusive, non-transferable right to use the Services for your internal business purposes during your subscription.
• You keep all rights in the data and content you upload or that is generated for you ("Customer Data"). You grant us the rights needed to host, process and display Customer Data solely to provide, secure and support the Services.
• If you send us suggestions or feedback, we may use them freely to improve the Services.

13. Availability and support

We aim to keep the Services available and to fix issues promptly, but we do not guarantee uninterrupted or error-free operation unless a service level has been agreed in writing. We may carry out planned maintenance, which we will try to schedule outside peak hours for restaurants and announce in advance where possible. Support is available by email at support@zirvo.ai.

14. Warranties

We will provide the Services with reasonable skill and care. Except as expressly stated in these Terms, and to the extent permitted by law, the Services are provided "as is" and we make no other warranties, express or implied, including fitness for a particular purpose.

15. Limitation of liability

• Neither party is liable for indirect or consequential losses, including loss of profit, revenue, bookings, goodwill or data, even if advised of their possibility.
• Our total liability arising out of or in connection with these Terms in any 12-month period is limited to the fees you paid to us for the Services in the 12 months before the event giving rise to the claim.
• Nothing in these Terms limits liability that cannot be limited by law, including liability for intentional misconduct or gross negligence.

16. Suspension and termination

We may suspend or terminate your access if you materially breach these Terms, fail to pay undisputed fees after notice, or use the Services in a way that causes legal risk or harm to us, other customers or third parties. Where reasonable, we will give you notice and an opportunity to fix the issue first.

17. Your data after termination

After your subscription ends, you can request an export of your Customer Data for 30 days. After that period we will delete it, unless we are required by law to keep it longer.

18. Changes to these Terms

We may update these Terms from time to time. For material changes we will give you at least 30 days' notice by email or in the product. If you do not agree, you may cancel before the changes take effect; continued use after that date means you accept the updated Terms.

19. Governing law and jurisdiction

These Terms are governed by the laws of the Republic of Estonia, excluding its conflict-of-law rules. Disputes will be settled by Harju County Court (Harju Maakohus) in Tallinn, Estonia, unless mandatory law provides otherwise.

20. Contact

Zirvo OÜ · Registry code 17611162 · hello@zirvo.ai