Service terms · AI Agents and Assistants

1. What this document is and who it applies to

AIGiner, S.L., tax ID (NIF) B93819753, registered address at Gran Via de Carles III, 98, 10º, 08028 Barcelona, Spain, registered with the Barcelona Companies Registry, sheet B-662372, entry 1 (IRUS 1000478196595) («AIGiner»). You can write to us at hola@aiginer.com or message us on WhatsApp at +34 644 04 03 78. The rest of our identification details are in the legal notice. The service is provided by AIGiner, S.L., tax ID (NIF) B93819753, Gran Via de Carles III, 98, 10º, 08028 Barcelona, Spain, registered with the Barcelona Companies Registry, sheet B-662372, entry 1 (IRUS 1000478196595). Write to us at hola@aiginer.com.

These terms are the public framework for the service. The engagement is contracted through a proposal you accept in writing and, where the project calls for it, through a signed agreement: if they say something different, they prevail. They are read together with the General Terms, with the data processing agreement (Article 28 GDPR), which is always signed here because an assistant that deals with people processes personal data by definition, and with the Service Level Agreement where the proposal incorporates one.

The service has two parts: an implementation with fixed scope and price, and a continuing service of operation and improvement with a fee. It is aimed at businesses, professionals and self-employed people; if you contract as a consumer, the mandatory rights the law gives you also apply.

2. What the service includes

The implementation runs in five phases: briefing and use cases (what it solves, on which channels, from which sources and when it escalates to a person); conversation and voice design, which you approve before anything is built; development and integration; testing with real conversations and calls; and go-live and training.

We deliver the assistant configured with your catalogue, your frequently asked questions and your tone of voice; deployed on the channels contracted (web, WhatsApp Business, social media, phone); with a synthetic voice if there is a telephone channel; integrated with the systems in the annex; with the qualification and booking flows; with escalation to a person on your team carrying the whole context across; and with a panel of conversations, transcripts and metrics.

The fee covers operation and hosting, monitoring and incident handling, continuous improvement with a number of monthly hours that do not roll over, corrective maintenance of flows and integrations, access to the panel and a periodic usage report.

3. What it does not include

In addition to what is excluded in clause 5.2 of the General Terms, the following are not included: third-party accounts, subscriptions and consumption —WhatsApp Business and its per-conversation charges, telephone numbering and minutes, social media, your CRM or calendar—, which you contract in your own name and pay for; consumption above the volumes included; human handling of whatever the assistant escalates, which your team provides; drafting the business content, which you supply; new channels or languages; translation or localisation; developing new functionality in your systems; and legal review of what the assistant communicates, which is for you.

4. What we need from you

A single point of contact and a human team to handle escalations, with the hours you tell your users about. The reference content, kept up to date: you are solely responsible for it being accurate, lawful and current, and for holding the rights over copy, trade marks and images. That you supervise the assistant and tell us about any incorrect or off-message reply. And that you meet the user information obligations in section 11.

Access and credentials: a dedicated user with the minimum necessary permissions, never your administrator account, delivered over an encrypted channel. We keep them encrypted in a secrets manager and destroy them securely when we finish; revoking them at the end is done by you.

5. Timescales

The estimated implementation period runs from the moment three things have happened together: signature of the agreement, payment of the first milestone and actual delivery of the content and the access. They are estimates and are adjusted if you are late, if there is a change of scope or in cases of force majeure. If a stoppage on your side exceeds sixty calendar days, we may invoice what has been performed and terminate.

6. Price, payments and monthly fees

The price is the one published on the service page at the time of contracting or the one in the accepted proposal, and the proposal prevails over the page. We deliberately write no figures here, so that this text does not go stale the day a price changes.

Prices are stated excluding VAT: the applicable tax at the rate in force by law is added to the amount and the invoice sets out the taxable base and the tax separately. The «from» prices on the page are indicative and are not a binding offer. If you contract as a private individual, the total with VAT already included is shown to you before paying, and that total is the amount that will be charged; it cannot always be calculated on the page, because the rate depends on your billing country and your VAT number, which are entered in the payment gateway.

Payment terms: fifteen (15) calendar days from the invoice date, unless your proposal says otherwise. Late payment interest and suspension for non-payment are in clause 9 of the General Terms.

The implementation is invoiced 50 % on signature and 50 % on acceptance of go-live. The fee is paid in advance at the start of each period and the first one accrues on the day you accept go-live, pro-rated by days in the first month on the monthly basis. Three bases with a fixed discount: monthly with no discount, half-yearly paying five months out of six, annual paying nine out of twelve.

Telephone assistant. Three sizes, each with a one-off set-up fee and a mandatory monthly fee for as long as the assistant is active, because it lives on our platform and does not work without it. The fee covers operation, hosting, monitoring, continuous improvement, corrective maintenance and the voice minutes included in your size; the minutes for each size, the price of an additional minute and the amount of the fee are those published on the service page and those set out in your proposal. Here maintenance is inside the fee: it is not invoiced separately.

Chatbot. Three sizes depending on the channels, at a project price. Maintenance is included for the first month within the project and, from the second month on, it is optional and with no minimum term.

Overages. The fee includes a number of conversations per month and, where there is a phone channel, of minutes; usage above that is invoiced monthly in arrears at the unit price in your proposal. We alert you by email and by notification on reaching 80 % and 90 % of the volume included, and we do not charge for an overage that was not preceded by that alert, unless you switched the notifications off yourself.

Price reviews. The fee is reviewed once a year at most, with sixty calendar days' notice and in line with the general Spanish CPI published by the INE; any increase above CPI needs your written agreement and, if you do not give it, you may terminate without penalty at renewal.

Cancelling: there is no minimum term. You can cancel whenever you like, in writing to hola@aiginer.com with thirty (30) calendar days' notice, or with effect at the end of the period already invoiced if that comes first. You pay the fees accrued up to the effective date and nothing else: no penalty, no fees for the months that were left, no minimum commitment period. Amounts paid in advance on the half-yearly and annual bases are not refunded, except on termination for a serious and uncured breach on our side (section 13).

The set-up fee is not refunded once the service is in place. The set-up fee pays for specific work that has already been done and that you keep: the conversation and voice design, the configuration of the assistant, the knowledge base built from your content, the integration with your systems, the synthetic voice and the commissioning of the number. It is not a penalty for cancelling, and that is why it does not depend on how long you stay with us and does not increase if you cancel early: it is the price of a service already performed and delivered. Three consequences of treating it that way, and they are what makes the rule fair:

• If you cancel before go-live, we invoice only the work actually performed up to that point and refund the rest.
• If cancellation follows termination for a serious and uncured breach on our side (section 13), the set-up fee is included in the refund calculation.
• The fee itself stands on its own and has no minimum term, as you have just read.

If you contract as a consumer, this rule is without prejudice to your right of withdrawal and to the rest of the mandatory regime the law gives you (General Terms, clause 24.3).

If you do not pay, after a written demand we may suspend the service and leave the assistant inactive until payment is made, without this affecting the retention of your data.

7. Changes of scope and acceptance of delivery

The implementation includes two rounds of adjustment on the conversation design and on the assistant as built. Adding channels, languages, integrations or use cases not in the annex, redoing an approved design or adapting the assistant to a change on your side after the design was closed are changes of scope.

You have ten working days from the moment we tell you it is live to point out, with reasons, any deviations from the annex. If the period passes, or if the assistant handles real conversations with your customers, it is deemed accepted. If you point out deviations in time, we correct them and a fresh period of five working days opens, limited to those points.

8. Warranty, maintenance and support

Thirty calendar days' warranty from acceptance: we correct free of charge any defects attributable to us, a defect being the assistant working differently from what the annex describes. It does not cover incorrect replies caused by inaccurate or out-of-date content of yours, failures caused by changes on your side or by third parties, outages of third-party channels or services, or requests for improvements. After that period, corrections are covered by the fee for as long as it is in force.

Be clear about what those thirty days are: they are the period for free correction, not the period for bringing a claim. If you contract as a business, professional or self-employed person, to claim a defect you notice later you have twelve (12) months from when you know of it or should have known of it (General Terms, clause 17.4). If you contract as a consumer, neither the thirty days nor the twelve months apply to you: the statutory conformity period in Articles 114 et seq. of the consolidated text of the Spanish General Law for the Protection of Consumers and Users applies, which is longer, with no limitation added by us.

Support Monday to Friday, 9:00 to 18:00 (mainland Spanish time), excluding Barcelona city public holidays. We do not provide 24/7 support or an on-call service: the assistant being available to your users at any hour does not mean there is someone of ours on the other side at any hour.

We work to a monthly availability target measured only on the infrastructure we control, with a service credit against later invoices if it is not met for reasons attributable to us. Excluded from the calculation are notified scheduled maintenance, third-party outages (messaging, telephony, model providers, your systems), anything caused by you and force majeure. The percentage, the credit and the first-response times are in the proposal and in the Service Level Agreement.

9. Third-party tools and continuity

The assistant runs on third-party channels, APIs and services —messaging, social media, telephony, model providers— which can change, restrict, raise the price of or withdraw their service whenever they choose. The accounts, numbering and subscriptions you contract in your own name and pay for.

Adapting the assistant when it stops working because of a unilateral change by a third party, because of changes on your side, because a necessary subscription ends or because a provider suspends an account of yours falls outside the warranty: we will propose the adaptation as a change of scope or against the continuous improvement hours. Give us fifteen calendar days' notice of any planned change.

10. Intellectual property and confidentiality

Once the implementation has been paid in full and with the fee up to date, we assign to you, exclusively and for the maximum term allowed by law, the rights over what was created for you: conversation flows, instructions and configuration, the knowledge base built from your content, and documentation.

The platform the assistant runs on is ours. Over it you receive a non-exclusive, non-transferable licence limited to the term of the agreement, with no sublicensing or resale. To put it plainly: the assistant does not keep working without the continuing service. What you take with you is the configuration and the knowledge, not the platform.

Your trade marks, content, catalogue and data are yours, including the transcripts of the conversations with your users. Portfolio use and confidentiality —during the relationship and for the five years that follow— are in clauses 11 and 12 of the General Terms.

11. Data protection and artificial intelligence

The assistant processes your users' personal data: conversations, contact details and, on the phone, recordings and transcripts. You are the controller and we are the processor (Article 28 GDPR and Spanish Organic Law 3/2018); the detail is in the data processing agreement.

We undertake to process the data only on your documented instructions; to ensure the confidentiality of those who process it; to apply the Article 32 measures; to give you thirty days' notice of any new sub-processor; to assist you with data subjects' rights and pass on any request without answering it ourselves; to notify you of a breach within 48 hours of becoming aware of it, and if the data processing agreement provides for a different deadline the shorter of the two applies (General Terms, clause 13.6); to allow you to audit once a year; and to return or delete the data when we finish.

Inference runs on infrastructure in the European Union, under a data processing agreement and with zero retention: there is no international transfer on this account and neither your data nor your users' data is used to train models. The specific provider is published at `aiginer.com/sub-encargados`. If that provider's credential is missing or stops working, the assistant shuts down and says so: there is no degraded mode that sends the conversation to another provider or to another jurisdiction.

The assistant identifies itself as an AI-based virtual assistant at the first contact in every conversation, as Article 50 of Regulation (EU) 2024/1689 requires, and is not configured to pass itself off as a person. You inform your users that they are talking to an AI system, reflect it in your privacy policy and your terms, and give notice before a call is recorded or transcribed, with a legal basis for doing so; we give you the wording.

Generative replies can be incorrect, incomplete or biased even when they sound confident. That is why there is human oversight: you appoint someone to review conversations in the panel, you keep escalation working and there are actions the assistant never carries out on its own. Those marked as sensitive in the annex go to prior human approval: confirming orders, issuing binding quotations, accepting returns, committing to deadlines or prices, and any communication with legal effects. The limits configured are not switched off without written notice to us. The assistant does not take automated decisions within the meaning of Article 22 GDPR and does not give legal, financial, tax or medical advice.

The assistant speaks in your name: it is deployed under your brand and on your channels, so what it says is attributed to you, including statements about prices, deadlines, availability or warranties. We are answerable for the design, the build and the operation, not for the specific content generated from what you supply.

Using a real person's voice requires their prior, express, specific written consent, which you obtain and hand to us; without it we clone no voice, and if it is withdrawn we stop using it and delete the model.

You may not use the assistant for the high-risk uses in Annex III to that Regulation without prior written agreement, or for the prohibited practices in its Article 5. Channel: privacidad@aiginer.com; no Data Protection Officer has been appointed because the conditions in Article 37 do not apply, and dpo@aiginer.com is a contact mailbox.

12. Liability

Our obligation is one of means and not of result: we do not guarantee any commercial outcome, nor a number of leads captured, nor a percentage of enquiries resolved without a person, nor any particular saving.

Total aggregate liability is limited to what you have paid us in the twelve months preceding the event causing the loss, with the exclusions and the mandatory carve-outs in clause 17 of the General Terms. In addition, we are not liable for the content of the replies on the terms in section 11, for inaccurate information you supply, or for your failure to meet your information and oversight obligations.

If you contract as a consumer we limit nothing: the statutory regime that applies to you governs in full, and any provision of this text that conflicts with it is deemed not to have been included.

13. Term, cancellation and what happens when it ends

The agreement takes effect on signature and the continuing service renews automatically for equal periods unless either party gives written notice thirty calendar days before the end of the then-current period. Renewal creates no minimum commitment: you can cancel at any time under section 6.

Between businesses there is no right of withdrawal. Terminating for breach requires a written demand and fifteen calendar days to cure it; the only serious breaches on our side are continued unavailability attributable to us, the essential functionality in the annex being unusable, or our failing to meet the data protection obligations. If you terminate on that basis, we refund the proportionate part of the period paid for and not enjoyed, less actual consumption: the percentage of days elapsed and the percentage of conversations and minutes used are calculated, and the higher of the two is deducted, to two decimal places and rounded to the cent; we tell you the percentage applied so that you can redo the calculation. In that case the set-up fee is included in the calculation, under section 6.

When it ends, the assistant stops answering on the effective date, because it depends on our platform. Within fifteen working days we hand over, in a structured and usable format, instructions and configuration, conversation flows, the knowledge base, the history of conversations and transcripts and documentation. We delete your data sixty calendar days later, save for backup rotation cycles and legal retention. You may deploy what has been assigned to you on your own or with a third party, and on written request we can provide up to three months of transition support.

14. Governing law and how to complain

If something is not right, write to us first: hola@aiginer.com, legal@aiginer.com for contractual matters and privacidad@aiginer.com for data protection. Spanish law applies and, for anything that cannot be resolved by talking, the Courts and Tribunals of Barcelona. If you contract as a consumer that submission does not apply to you: you may go to the courts where you live. AIGiner is not a member of any alternative consumer dispute resolution body.

These terms are drafted in Spanish. This English version is a courtesy translation: if there is any discrepancy, the Spanish version prevails, without prejudice to any mandatory consumer protection rules that apply to you.

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AIGiner, S.L., tax ID (NIF) B93819753, registered address at Gran Via de Carles III, 98, 10º, 08028 Barcelona, Spain, registered with the Barcelona Companies Registry, sheet B-662372, entry 1 (IRUS 1000478196595) («AIGiner»). You can write to us at hola@aiginer.com or message us on WhatsApp at +34 644 04 03 78. The rest of our identification details are in the legal notice. AIGiner, S.L. · Gran Via de Carles III, 98, 10º · 08028 Barcelona · Spain · NIF B93819753 · hola@aiginer.com · aiginer.com

Service terms · AI Agents and Assistants · version 1.2 · in force from 21 September 2026.

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