Terms of Service

1. Agreement to Terms

By accessing or using Custovia ("Service", "Platform", "we", "us", or "our"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access the Service.

These Terms apply to all visitors, users, and others who access or use the Service, including but not limited to businesses, individuals, and organizations.

2. Description of Service

Custovia is an AI-powered customer engagement platform that provides:

• AI chatbot and voice assistant capabilities
• Multi-channel communication (chat, voice, SMS, WhatsApp, email)
• Knowledge base management and RAG (Retrieval Augmented Generation)
• Conversation analytics and insights
• Integration with third-party services
• Subscription-based access with usage-based pricing

We reserve the right to modify, suspend, or discontinue any part of the Service with or without notice.

3. Account Registration

To use certain features of the Service, you must register for an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your account credentials
• Accept responsibility for all activities under your account
• Immediately notify us of any unauthorized access or security breach

You may not share your account credentials or allow others to access your account. We reserve the right to suspend or terminate accounts that violate these Terms.

4. Subscription and Billing

4.1 Subscription Plans

Custovia offers multiple subscription tiers: Starter, Growth, Business, and Enterprise. Each tier includes a base subscription fee and usage-based charges for messages, voice minutes, and other services.

4.2 Payment

By providing payment information, you:

• Authorize us to charge your payment method for all fees
• Authorize automatic renewal of your subscription
• Agree to pay all applicable taxes (sales tax, VAT, etc.)
• Accept responsibility for all charges

4.3 Usage-Based Charges

In addition to your base subscription fee, you will be charged for:

• AI messages beyond your plan's free allowance
• Voice minutes (widget and phone) beyond free allowance
• SMS messages beyond free allowance
• WhatsApp messages (per Twilio pricing)
• Optional add-ons (dedicated WhatsApp numbers, etc.)

4.4 Billing Cycle

Base subscription fees are billed in advance on a monthly or annual basis. Usage-based charges are calculated and billed at the end of each billing period. All fees are non-refundable except as required by law.

4.5 Cancellation

You may cancel your subscription at any time through your account settings or billing portal. Cancellation takes effect at the end of your current billing period. You will not receive a refund for the current period.

5. Acceptable Use Policy

You agree NOT to use the Service to:

• Violate any laws, regulations, or third-party rights
• Send spam, unsolicited messages, or engage in harassment
• Transmit viruses, malware, or malicious code
• Attempt to gain unauthorized access to our systems
• Reverse engineer or decompile the Service
• Use the Service for illegal activities or fraud
• Scrape, crawl, or data mine the Service
• Resell or redistribute the Service without authorization
• Use the Service to harm, threaten, or defame others
• Violate our intellectual property rights or those of others

Violation of this policy may result in immediate suspension or termination of your account without refund.

6. Intellectual Property

6.1 Our Rights

The Service, including its original content, features, and functionality, is owned by Custovia and is protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

6.2 Your Content

You retain ownership of any content you submit to the Service ("User Content"). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, store, process, and display your content solely to provide the Service.

You represent that you own or have the necessary rights to all User Content and that your content does not violate any third-party rights.

7. Data Privacy and Security

Your use of the Service is subject to our Privacy Policy, which explains how we collect, use, and protect your data.

We implement industry-standard security measures to protect your data, but cannot guarantee absolute security. You are responsible for maintaining the confidentiality of your account credentials.

8. AI and Automated Services

Our Service uses artificial intelligence and machine learning technologies. You acknowledge that:

• AI responses may not always be accurate or appropriate
• You are responsible for reviewing and approving AI-generated content
• We do not guarantee specific results or outcomes
• AI training may use aggregated, anonymized data
• You should not rely solely on AI for critical decisions

9. Third-Party Services

The Service integrates with third-party services including but not limited to:

• Stripe (payment processing)
• Twilio (voice and SMS)
• OpenAI (AI capabilities)
• Google Calendar (appointment booking)
• Other integrations as offered

Your use of third-party services is subject to their respective terms and privacy policies. We are not responsible for third-party services or their performance.

10. Service Level and Availability

While we strive to provide continuous service, we do not guarantee:

• Uninterrupted or error-free operation
• Specific uptime percentages (unless in a separate SLA)
• That the Service will meet your specific requirements
• That defects will be corrected within any timeframe

We may perform maintenance, updates, or modifications that temporarily affect Service availability. We will provide reasonable notice of scheduled maintenance when possible.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND
• WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
• OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE PAST 12 MONTHS
• WE ARE NOT LIABLE FOR THIRD-PARTY SERVICES OR INTEGRATIONS
• WE ARE NOT LIABLE FOR DATA LOSS (maintain your own backups)

12. Indemnification

You agree to indemnify, defend, and hold harmless Custovia, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including legal fees) arising from:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Your User Content
• Your illegal or unauthorized activities

13. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice, for:

• Violation of these Terms
• Non-payment of fees
• Fraudulent or illegal activity
• Abuse of the Service
• Request by law enforcement

Upon termination, your right to use the Service ceases immediately. We may delete your data according to our retention policies. You remain liable for all fees incurred before termination.

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes via:

• Email to your registered address
• Notice in the Service dashboard
• Update to the "Last Updated" date above

Your continued use of the Service after changes constitutes acceptance of the new Terms. If you disagree with the changes, you must stop using the Service and cancel your subscription.

15. Dispute Resolution and Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States and the State of [YOUR STATE], without regard to conflict of law provisions.

Any disputes arising from these Terms or your use of the Service shall be resolved through binding arbitration, except where prohibited by law. You waive your right to a jury trial or to participate in a class action.

16. Miscellaneous

• Entire Agreement: These Terms constitute the entire agreement between you and Custovia
• Severability: If any provision is found invalid, the remaining provisions remain in effect
• No Waiver: Our failure to enforce any right does not waive that right
• Assignment: We may assign these Terms; you may not without our consent
• Force Majeure: We are not liable for delays due to circumstances beyond our control

17. Contact Us

If you have questions about these Terms, please contact us: