Terms of Service

1. Acceptance of Terms

By accessing and using Equilia AI's services, you accept and agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our services.

2. Description of Service

Equilia AI provides an AI-powered customer communication platform that enables businesses to manage conversations across multiple channels including phone, SMS, WhatsApp, Telegram, email, Facebook Messenger, Instagram, video, and web chat. Depending on your configuration, AI assistants may also perform agentic tasks on your behalf, including searching the internet and browsing websites to retrieve publicly available information.

3. User Accounts

• You must provide accurate and complete information when creating an account
• You are responsible for maintaining the security of your account credentials
• You must notify us immediately of any unauthorized access
• One account per user; sharing accounts is prohibited

4. Acceptable Use

4.1 Prohibited Conduct

You agree NOT to:

• Violate any laws or regulations
• Send spam, unsolicited messages, or engage in harassment
• Impersonate others or misrepresent your affiliation
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt our services
• Use our platform for illegal or fraudulent activities
• Reverse engineer or attempt to extract source code
• Instruct AI assistants to perform tasks that violate third-party terms of service, access accounts you do not own, or transmit personal data of third parties to external services
• You are responsible for all tasks you delegate to AI assistants, including internet searches and web browsing tasks carried out on your behalf

4.2 Restricted Business Categories

• Some communication channels (WhatsApp, SMS, Telegram, Facebook Messenger, Instagram) are provided by third-party platforms whose own policies prohibit certain business categories, including gambling and sexually explicit content
• We use automated screening of your prompts and knowledge base content to detect these categories. If detected, the affected channels will be automatically disabled for your organization
• Automated screening may occasionally misclassify content. If you believe a restriction was applied in error, you may request a review by contacting
• This restriction applies in addition to the general prohibitions in Section 4.1

5. Data and Privacy

Your use of our services is also governed by our Privacy Policy. By using our services, you consent to our collection and use of your data as described.

6. Intellectual Property

All content, features, and functionality of Equilia AI are owned by us or our licensors and are protected by copyright, trademark, and other intellectual property laws.

7. Payment Terms

7.1 Pricing and Currency

• All fees, credits, and charges are denominated in Euros (EUR) unless otherwise agreed in writing
• Subscription plans are available in multiple tiers: Starter, Growth, and Enterprise. Each tier includes different features, channel access, credit allocations, and pricing
• The Enterprise tier offers custom pricing, credit allocations, and service-level terms negotiated individually. Enterprise plans are available only by contacting our sales team and cannot be selected through self-service
• Current plan details and pricing are available in your account dashboard

7.2 Free Trial

• New organizations are automatically enrolled in a 7-day free trial on the Free tier at no charge
• During the free trial, access is limited to web chat and document uploads. Phone, SMS, WhatsApp, email, Telegram, Facebook Messenger, Instagram, and video channels are not available
• At the end of the 7-day trial period, your organization will be automatically upgraded to the Starter plan and billing will commence at the applicable Starter subscription rate
• You may upgrade to any paid plan at any time during the trial. Upgrading ends the trial immediately and begins your paid subscription
• Free trial users must add a valid payment method (credit or debit card) to their account. Your card will not be charged during the trial period but will be charged for the Starter plan subscription upon trial expiry unless you have selected a different plan
• The free trial is available once per organization and cannot be restarted or extended

7.3 Billing Frequency

• Subscriptions may be billed on a monthly or annual basis, depending on the plan selected
• Annual subscriptions are billed upfront for the full year unless otherwise specified
• All fees are non-refundable except as required by law
• We may change pricing with 30 days' notice
• Each organization has its own billing cycle anchored to the date the subscription was activated. Billing periods are calculated from this anchor date on a monthly basis

7.4 Payment Methods

• Card Payments (Stripe): Organizations configured for card payment will have their credit or debit card automatically charged for subscription fees, usage charges, and any applicable taxes. By providing your card details, you authorize Equilia AI to charge your card for all amounts owed under these terms. Card payments are securely processed by Stripe, Inc.
• Invoice Payments (Bank Transfer): Organizations configured for invoice payment will receive invoices for all charges and must remit payment via bank transfer within the payment terms specified on the invoice
• Payment Method Requirement: Organizations using card payment must maintain a valid payment method on file. Services including conversation creation and messaging may be restricted until a valid payment method is provided. Free trial users are also required to add a valid payment method, which will be charged upon trial expiry
• Auto-Pay: Organizations may enable automatic payment, which authorizes Equilia AI to automatically charge pending invoices using the primary payment method on file

7.5 Non-Payment and Payment Retries

• For card payments, if an automatic charge fails, we will retry the charge up to three additional times on the following schedule: 1 day after initial failure, 3 days after the first retry, and 7 days after the second retry (4 attempts total)
• If all payment attempts are exhausted, a 7-day grace period begins during which warning notices will be sent at 5, 3, and 1 days remaining
• Failure to resolve the outstanding payment within the grace period may result in service suspension
• Suspended services may be restored upon receipt of full payment for all outstanding invoices
• We reserve the right to charge interest on overdue amounts to the extent permitted by applicable law

8. Usage Credits and Billing

Our platform operates on a credit-based billing system with the following structure:

8.1 Credit Types

• Individual User Credits: Each team member may receive a monthly allocation of usage credits (denominated in EUR) depending on your plan. These credits are consumed by AI-powered activities such as conversations and messages
• Organization Credits: A shared pool of credits (denominated in EUR) available to all users in your organization, consumed by AI conversations, messages, and other platform activities
• Overage Charges: Usage beyond included credits is charged at premium rates as specified in your plan

8.2 Credit Application Order

When you use our services, credits are consumed in the following priority:

1. Individual user credits are deducted first (if applicable to the activity)
2. Organization credits are deducted second (if individual credits are exhausted)
3. Overage charges apply when all included credits are exhausted

8.3 Billing Periods

• Credits reset at the beginning of each billing period based on your organization's subscription start date
• Unused credits do not roll over to the next billing period
• Usage is tracked in real-time and billed monthly

8.4 Usage Restrictions

• Depending on your plan, the platform may prevent new activities when individual user credits are exhausted
• Organization administrators can configure whether users can continue using services after their individual credits are depleted
• All completed usage is charged, even if limits are reached mid-activity

8.5 Budget Controls

• Organizations can set spending limits at both the per-channel level (e.g., web, phone, video, WhatsApp, Telegram, SMS) and as a total aggregate to prevent unexpected charges
• Automated alerts can notify administrators when spending reaches configured thresholds
• Services may be automatically restricted if budget limits are exceeded

8.6 Channel-Specific Pricing

• Different communication channels may have different per-use costs that are deducted from your credit allocation. Channels billed per minute include phone calls, voice-to-voice calls (AI real-time voice), video calls, AI-generated video, and AI-generated audio. Channels billed per message include web chat, SMS, WhatsApp, email, Telegram, Facebook Messenger, Instagram, and coordinator (multi-agent orchestration). Document uploads are billed per chunk processed
• Video conversations and AI-generated video/audio may incur higher credit consumption due to third-party infrastructure costs
• WhatsApp and SMS channels may incur additional per-message costs depending on the recipient's region and carrier
• Overage rates (applied after included credits are exhausted) may differ from standard rates and vary by channel
• Current channel pricing rates are available in your account dashboard under Billing

8.7 Invoice Generation and Proration

• Subscription Fees: Base subscription fees, team member base charges, and concurrency stream base charges are billed upfront for the current billing period.
• Usage Costs: Overage and usage costs exceeding included credits are billed in arrears on the following period's invoice.
• Mid-Period Plan Changes: If your pricing plan changes mid-billing period, subscription fees are prorated based on the exact time each plan was active.
• Team Member Additions: When new team members are added mid-period, their prorated charges for that period will be billed as back pay on the following invoice.
• Concurrency Increases: When concurrent stream limits are increased mid-period, the additional charge is prorated for the remaining days in the billing period and applied immediately.
• Preview Invoices: Your account dashboard displays a real-time preview of your current billing period's accumulating charges. This preview is updated periodically and is not a final invoice.

8.8 Concurrent Stream Limits

• Phone and video channels may be subject to concurrent stream limits, which control the maximum number of simultaneous active calls or sessions for each channel type
• Each concurrent stream is billed at a per-stream monthly rate as specified in your plan. Phone and video streams are tracked and billed independently
• Increasing Limits: Increases to concurrent stream limits take effect immediately. You will be charged a prorated amount for the remainder of the current billing period based on the number of additional streams added
• Decreasing Limits: Decreases to concurrent stream limits are deferred until the start of the next billing period. Your current limits remain active for the remainder of the current period, and the new lower limits will apply when the next period begins
• Base Charges: At the start of each billing period, concurrent stream charges are calculated based on the active limits at that time (including any pending decreases from the previous period)
• Current concurrent stream pricing is available in your account dashboard
• No Guaranteed Availability: Concurrent stream limits reflect capacity allocated to your organization and are provided on a best-effort basis, not as a guaranteed real-time availability SLA. A stream may occasionally be temporarily unavailable even within your allotted limit

9. Taxes

• All fees and charges are exclusive of applicable taxes unless otherwise stated
• Value Added Tax (VAT) or other applicable sales taxes will be added to invoices in accordance with the tax laws of your jurisdiction
• The default VAT rate applied is 21% (Spanish IVA). A different rate may apply depending on your organization's tax residence and any applicable tax exemptions
• You are responsible for providing accurate tax identification information (e.g., VAT number, NIF/CIF) to ensure correct tax treatment
• Organizations with a valid intra-EU VAT number may be eligible for reverse charge treatment in accordance with EU VAT Directive 2006/112/EC

10. AI and Automated Content

Our platform uses AI to generate responses, transcribe audio, and process communications. Certain AI assistants may also perform agentic tasks, including searching the web via Serper (Google Search API) and browsing websites using cloud browser infrastructure (Browserbase), to retrieve information on your behalf. While we strive for accuracy, AI-generated content may contain errors. You are responsible for reviewing and approving AI-generated content before use.

We apply automated safety and privacy filters before any user-supplied text is sent to external services. These filters screen for harmful requests and personally identifiable information (PII). However, these filters are not infallible, and you remain responsible for ensuring that tasks you delegate to AI assistants do not contain sensitive personal data about third parties.

11. Service Availability

We aim for 99.9% uptime but do not guarantee uninterrupted access. We may perform maintenance that temporarily limits access to the platform.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EQUILIA AI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES.

13. Indemnification

You agree to indemnify and hold harmless Equilia AI from any claims, damages, or expenses arising from your use of our services or violation of these terms.

14. Termination

14.1 Termination by Us

We may suspend or terminate your account for violation of these Terms, including the Acceptable Use provisions in Section 4. Where practical, we will provide notice before termination; violations that pose an immediate risk to our platform, other users, or third parties may result in immediate suspension without prior notice.

14.2 Voluntary Account Closure

• You may close your organization's account at any time through your account settings
• If your organization has more than one member, ownership must be transferred to another member (or all other members removed) before the account can be closed
• Closing your account settles any outstanding usage charges immediately via your payment method on file, then permanently deletes your organization's account in the same action
• Account closure is immediate and cannot be undone — there is no grace period or recovery window afterward
• See our Privacy Policy for what happens to your data upon closure

14.3 Effect of Termination

• Your right to access the Services ends immediately upon termination or closure
• Fees already paid are non-refundable except as required by law or as stated in Section 7
• Provisions that by their nature should survive termination (including Sections 6, 12, 13, and 16) continue to apply

15. Changes to Terms

We reserve the right to modify these terms at any time. We will notify you of material changes via email or platform notice. Continued use after changes constitutes acceptance.

16. Governing Law

These terms are governed by the laws of Spain and the European Union. Any disputes shall be resolved in the courts of Barcelona, Spain.

17. Contact Information

For questions about these Terms of Service:
Email:
Support:

18. Entire Agreement

These Terms of Service, together with our Privacy Policy, constitute the entire agreement between you and Equilia AI regarding use of our services.