These Terms and Conditions ("Terms") form a legally binding agreement between Floxela ("Floxela," "we," "us," or "our") and the individual or entity subscribing to or using our services ("Client," "you," or "your"). By accessing, subscribing to, or using any Floxela service, you confirm that you have read, understood, and agreed to be bound by these Terms.
1. Definitions
- "Services" means Floxela's AI-powered virtual receptionist, call-handling, appointment-booking, and related communication services.
- "Subscription" means the recurring paid plan selected by the Client.
- "Call Minutes" means the cumulative duration of inbound and outbound calls handled by the AI on the Client's behalf within a billing cycle.
- "Client Data" means all information, content, and configurations provided by the Client to enable the Services.
- "End User" means any third party who interacts with the AI through the Client's configured services.
2. Services
Floxela provides AI-powered virtual receptionist and call-handling services designed to assist businesses with customer communication, appointment booking, and general inquiries. The Services operate based on configurations, scripts, and information supplied by the Client. Floxela may update, enhance, or modify features of the Services from time to time to improve performance, security, or functionality.
The Services are provided on an "as available" basis. While Floxela takes reasonable steps to maintain uptime and reliability, interruptions may occur due to maintenance, upgrades, third-party provider failures, or factors beyond Floxela's reasonable control.
3. Eligibility and Account Registration
To use the Services, the Client must be a legally registered business or an individual at least 18 years of age with the legal capacity to enter into binding contracts. The Client agrees to provide accurate information during registration and to keep account credentials confidential.
4. Service Usage, Plans and Fair Use
Each Subscription plan includes a monthly allowance of up to 2,000 Call Minutes unless stated otherwise. Usage exceeding the included allowance may incur additional charges at rates communicated to the Client in advance.
Floxela operates a fair use policy. The Services must not be used in a manner that is excessive, abusive, fraudulent, or that places undue strain on infrastructure. Floxela reserves the right to modify pricing, usage limits, and fees with at least thirty (30) days' notice.
5. Client Responsibilities and Configuration
The Client is solely responsible for providing accurate, current, and complete information necessary for the proper operation of the Services, including pricing, business hours, booking rules, and any scripts or FAQs provided to the AI. Floxela is not responsible for errors resulting from inaccurate or outdated information supplied by the Client.
The Client warrants that it has obtained all necessary consents and legal bases required to lawfully use the Services, including any consents required for call recording and automated calling.
6. Acceptable Use
The Client agrees not to use the Services to: engage in unlawful, fraudulent or deceptive activities; harass or discriminate against any person; transmit unsolicited marketing in violation of applicable laws; impersonate any person or entity; interfere with or reverse-engineer the Services; or handle calls relating to emergency or life-safety situations requiring immediate human intervention.
7. Payments, Billing and Refunds
Services are billed on a recurring subscription basis in advance in the currency applicable to the Client's region (GBP or USD), exclusive of applicable taxes such as VAT. All payments are non-refundable except where required by applicable consumer protection law. If the Client cancels a Subscription, the Services will remain active until the end of the current billing cycle.
8. No Guarantee of Results
Floxela does not guarantee any specific business outcomes from use of the Services, including leads generated, appointments booked, conversion rates, or revenue.
9. Intellectual Property
All software, models, technology, branding, and materials provided by Floxela remain the exclusive property of Floxela or its licensors. The Client is granted a limited, non-exclusive, non-transferable licence to use the Services solely for its internal business purposes during the term of the Subscription.
10. Confidentiality
Each party agrees to keep confidential any non-public information disclosed by the other party and to use it only for the purposes of performing under these Terms.
11. Data Protection
Floxela processes personal data in accordance with its Privacy Policy and applicable data protection laws, including the UK GDPR and EU GDPR. Where Floxela processes personal data on behalf of the Client, the Client acts as data controller and Floxela as data processor.
12. AI Service Disclaimer
The Services are powered by artificial intelligence systems. While Floxela makes reasonable efforts to ensure accuracy, AI systems may occasionally produce incorrect, incomplete, or unexpected outputs. The Client acknowledges and accepts this limitation.
13. Limitation of Liability
To the fullest extent permitted by law, Floxela shall not be liable for any indirect, incidental, consequential, special, or punitive damages arising out of or related to the use of the Services. Floxela's total aggregate liability shall not exceed the total fees paid by the Client in the three (3) months immediately preceding the event giving rise to the claim. Nothing in these Terms excludes liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded by law.
14. Indemnification
The Client agrees to indemnify and hold harmless Floxela from any claims, damages, losses, and expenses arising out of the Client's breach of these Terms, misuse of the Services, violation of any law, or any content provided by the Client.
15. Suspension and Termination
Either party may terminate the Subscription at any time. Floxela reserves the right to suspend or terminate the Services immediately in the event of non-payment, breach of these Terms, misuse, or where required by law.
16. Modifications
Floxela reserves the right to modify these Terms at any time. Material changes will be communicated at least thirty (30) days before they take effect. Continued use of the Services after the effective date constitutes acceptance.
17. Force Majeure
Neither party shall be liable for any failure or delay in performance due to causes beyond its reasonable control.
18. Governing Law and Jurisdiction
These Terms shall be governed by the laws of England and Wales. The parties submit to the exclusive jurisdiction of the courts of England and Wales.
19. Contact
For any questions regarding these Terms, please contact: [email protected]