General Terms and Conditions

1. Who we are

1.1. The purchase and use of the Emblematic Voice service (the “Service” or the “Platform”) is authorized, under these Terms, by Emblematic, Inc., a company incorporated in the State of Delaware (USA), with its registered office at 251 Little Falls Drive, Wilmington, New Castle County, Delaware 19808, USA (“Emblematic,” “we,” or the “Provider”).

1.2. The Customer may contact the Provider for any matter arising from these Terms at info@emblematic.ai.

2. Purpose and acceptance of these Terms

2.1. These Terms govern the purchase of, access to, and use of the Service by the individual or legal entity that purchases it (the “Customer” or “you”).

2.2. The Service is intended exclusively for businesses, self-employed professionals, and practitioners acting in the course of their economic activity, and is not intended for consumers for personal use or for minors.

2.3. The Customer accepts these Terms by checking the acceptance box provided during sign-up or checkout, by purchasing a Plan, or by using the Service. If the Customer contracts on behalf of a legal entity, it represents that it has sufficient authority to bind that entity.

2.4. In accordance with Spanish Law 34/2002 of July 11 on information society services and electronic commerce, the Customer agrees that confirmation of receipt of acceptance is not required where the contract is entered into exclusively by electronic means. If the Customer submits its own documentation that conflicts with these Terms, these Terms shall prevail.

3. Description of the Service

3.1. Emblematic Voice is an artificial-intelligence voice assistant that answers phone calls — and, in beta, WhatsApp messages — on the Customer’s behalf, with features including, without limitation: 24/7 call answering, appointment booking in the connected calendar, answering frequently asked questions, call screening, taking messages and orders, transferring calls to a member of the team, and connecting to the Customer’s CRM and phone system.

3.2. Nature of artificial intelligence. The assistant generates responses automatically. Although the Provider works to make it accurate and reliable, the Service is provided on a best-efforts basis and the Provider does not warrant that the assistant’s responses will in all cases be accurate, complete, or appropriate to every situation. The Customer is responsible for configuring the assistant correctly (scripts, frequently asked questions, and escalation rules) and for monitoring its operation. The Service must not be used for emergencies or for critical communications requiring guaranteed human attention.

3.3. Beta features. Features identified as “beta” (including, among others, WhatsApp) are provided “AS IS,” may be modified, limited, or discontinued at any time, and may be subject to additional terms.

4. Registration and account

4.1. To use the Service, the Customer must create an account and provide accurate, complete, and up-to-date information. The Provider may suspend or delete any account where there are reasonable indications that the information provided is false or that these Terms have been breached.

4.2. The Customer is responsible for safeguarding the confidentiality of its credentials and for all activity carried out through its account. All Plans include unlimited Dashboard users. The Customer shall notify the Provider without delay of any unauthorized use of which it becomes aware.

5. Plans and features

5.1. The Plans in force and their limits are those published at emblematic.ai and those shown to the Customer during checkout. As of the date of these Terms:

5.2. The Provider may update the Plans and their features in accordance with Clause 8. In the event of any discrepancy between the table above and the prices published at the time of purchase, the latter shall prevail.

6. Price, taxes, and billing

6.1. Currency. All prices are stated in euros (€) and exclude VAT.

6.2. Payment method. Payments are processed through Stripe. By purchasing, the Customer authorizes Emblematic — and Stripe on its behalf — to charge on a recurring basis the amount of the Plan and any additional usage to the payment method provided, until cancellation. The Customer undertakes to maintain a valid payment method and correct billing details (legal name, tax ID, and address).

6.3. Billing cycle. Billing is in advance, on a monthly or annual basis at the Customer’s choice. Annual prepayment carries a fifteen percent (15%) discount on the monthly price.

6.4. Taxes and reverse charge. The Service is currently invoiced by Emblematic, Inc., an entity not established in the territory where Spanish VAT applies. For supplies to customers acting as a business or professional, VAT shall be declared and paid by the Customer itself under the reverse-charge mechanism, and invoices will therefore be issued without VAT charged, bearing the notation “reverse charge / inversión del sujeto pasivo.” To that end, the Customer undertakes to provide a valid tax ID and to declare that it is purchasing as a business or professional, information the Provider may retain as supporting evidence. Should the invoicing entity change (for example, to a Spanish company) or should applicable law so require, the applicable VAT (currently 21% in Spain) will be charged and reflected on the invoice.

6.5. Minutes and additional usage. Each Plan includes a monthly allowance of minutes that renews each billing period and does not roll over to later periods. The price of an included minute is approximately €0.10/min (Solo Plan: €99/1,000 min; Team Plan: €299/3,000 min). Once the included minutes are used up, additional minutes are billed at €0.15/min (excluding VAT), that is, fifty percent (50%) above the price of an included minute. The Provider will notify the Customer as it approaches the limit and will bill additional usage in the following cycle through Stripe. Under the Enterprise Plan, the price of additional minutes is set in the applicable agreement.

6.6. Numbers and outbound calls. The Customer may keep its current number (by forwarding or SIP) or request a new one. Numbers beyond those included in the Plan are billed according to the rates in force shown at the time of purchase. Outbound calls may incur third-party carrier termination costs depending on the destination, which may be passed on after notice to the Customer.

6.7. Non-payment. If a charge is declined or reversed, the Provider may retry collection and, after notice, suspend or limit the Service until the account is brought current.

7. Term, renewal, and cancellation

7.1. No minimum commitment. Purchase of the Service is not subject to any minimum commitment period.

7.2. Automatic renewal. The subscription renews automatically for equal periods (monthly or annual) until the Customer cancels.

7.3. Cancellation. The Customer may cancel at any time from the Dashboard or by writing to info@emblematic.ai. Cancellation takes effect at the end of the period already billed; the Customer retains access until that date and will not be charged for the following period.

7.4. Effects. Following cancellation, the assistant will stop answering calls and the Customer will have a reasonable period to export its data before deletion in accordance with Annex I.

7.5. Free trial period. Where a free trial period or promotional credit is offered, its specific conditions (duration, limits, and how it is activated) will be stated at the time of the offer. At the end of that period, unless the Customer cancels, the subscription continues in accordance with Clause 7.2 and the purchased Plan is billed.

8. Changes to these Terms and to prices

8.1. The Provider may amend these Terms, the Plans, or their limits or features. Any price change or material reduction of features in the purchased Plan will be communicated to the Customer with at least thirty (30) days’ notice by email and will take effect at the next renewal.

8.2. If the Customer does not accept the change, it may cancel before it takes effect; continued use of the Service thereafter constitutes acceptance. The Provider may introduce improvements or minor changes at any time.

9. Billing corrections

9.1. If the Customer identifies an error in an invoice or charge (incorrect amount, duplicate charge, or invoice issued to incorrect details), it must report it to info@emblematic.ai within thirty (30) days of the charge date. Once the issue is verified and where applicable, the Provider will issue the corresponding corrective invoice and/or refund through Stripe.

10. Acceptable use of the Platform

10.1. The Customer undertakes to use the Service in compliance with applicable law, in good faith, and in accordance with these Terms. Without limitation, the Customer may not:

• make unsolicited commercial communications, telephone spam, or campaigns that breach telecommunications, data protection, or competition law;
• impersonate third parties, harass, threaten, or distribute unlawful content;
• use caller ID in a misleading or prohibited manner — in Spain, using mobile numbering as the caller ID for commercial or service calls is prohibited;
• infringe third-party rights or attempt to access, alter, or overload the Platform without authorization;
• resell, assign, or exploit the Service, in whole or in part, without the Provider’s express authorization.

10.2. Breach of this Clause may result in immediate suspension of the Service in accordance with Clause 20.

11. Customer obligations (AI and call recording)

11.1. AI transparency. As the party deploying the Service toward the individuals who speak with the assistant, the Customer must ensure that those individuals are informed that they are interacting with an artificial-intelligence system. The Provider makes the necessary configuration available for this purpose.

11.2. Recording and consent. If the Customer enables call recording or transcription, it is responsible for informing the parties to the call and for having an appropriate legal basis under the GDPR, Spanish Organic Law 3/2018 (LOPDGDD), and any other applicable law, including US federal and state call-recording laws where relevant.

11.3. Numbering and forwarding. The Customer is responsible for ensuring that the forwarding of its number and its use of numbering comply with its carrier agreement and applicable law.

11.4. Content and configuration. The Customer is responsible for the accuracy of the information it uploads to the Platform (frequently asked questions, prices, availability) and for the assistant’s use of it.

12. Intellectual property

12.1. The Provider owns, or holds sufficient license over, all intellectual property rights in the Platform, the software, the models, the “Emblematic” and “Emblematic Voice” trademarks, and other associated elements. The Provider grants the Customer a non-exclusive, non-transferable, revocable license to use the Service for the term of its subscription.

12.2. The Customer retains ownership of its content and its Call Data and grants the Provider a limited license to process it for the sole purpose of providing the Service. The Customer undertakes not to copy, adapt, decompile, or reverse-engineer the Platform.

13. Data protection

13.1. Where the Service processes personal data of the Customer’s callers on its behalf, the Customer acts as data controller and Emblematic as data processor. That processing is governed by the Data Processing Agreement (Annex I), which the Customer enters into together with these Terms.

13.2. The Provider’s commitments:

• Processing in the EU. Call Data is processed and stored within the European Economic Area (EEA). To the extent that Emblematic (USA) or any provider accesses it from outside the EEA, that transfer will be covered by Standard Contractual Clauses or other appropriate safeguards under the GDPR.
• Retention. Call Data is deleted after thirty (30) days, unless the Customer instructs otherwise or a legal retention obligation applies.
• No training. The Provider will not use the Customer’s data or that of its callers to train AI models, nor will it disclose such data to third parties for advertising purposes.
• Security. The Provider will apply technical and organizational measures appropriate to the risk, including encryption of data in transit and at rest and access controls.
• Sub-processors. The Provider may engage sub-processors (telephony, payments, infrastructure, and AI models) in accordance with Annex I.

13.3. Google user data. Where the Customer connects a Google account to the Platform, the Provider accesses and processes Google user data solely to provide the scheduling features, as described in the Privacy Policy. The use of raw or derived user data received from Google Workspace APIs will adhere to the Google API Services User Data Policy, including the Limited Use requirements. The Provider does not use, transfer, or sell Google user data to develop, improve, or train generalized or foundational AI/ML models.

13.4. Processing of data through the informational website is governed by the Privacy Policy.

14. Confidentiality

14.1. The parties undertake to keep confidential all information exchanged in connection with the contractual relationship, regardless of its format or medium (“Confidential Information”), and not to disclose it to third parties or make it public without the other party’s prior written consent.

14.2. The confidentiality obligation shall survive termination of the contractual relationship for any reason. Information that is in the public domain, must be disclosed by legal requirement, or was lawfully obtained outside this relationship shall not be considered Confidential Information.

15. Third-party services and integrations

15.1. The Service integrates with third-party tools (including, among others, Google Calendar, Outlook 365, HubSpot, Salesforce, Pipedrive, WhatsApp Business, Stripe, Bizum, Holded, Zapier, Make, Doctoralia, TheFork, Cloudbeds, Gesfincas, A3, and carriers such as Twilio, Movistar, Orange, or Vodafone). Use of those tools is governed by their own terms, and the Customer is responsible for its accounts and licenses with them.

15.2. The Provider shall not be liable for failures, interruptions, or changes in third-party services outside its control.

16. Availability, support, and service level

16.1. The Provider will work to offer high availability of the Service, which may nevertheless be interrupted for maintenance or by reason of force majeure.

16.2. The level of support depends on the Plan purchased (email within < 4 h on the Solo Plan; priority support within < 2 h on the Team Plan). The 99.9% SLA availability commitment applies only to the Enterprise Plan, on the terms of its specific agreement.

17. Warranties

17.1. Except as expressly set out in these Terms, the Service is provided “AS IS” and “AS AVAILABLE.” The Provider does not warrant that the Service will operate uninterrupted or error-free, or that responses generated by the artificial intelligence will in all cases be accurate, complete, or fit for the Customer’s intended purpose. Nothing in these Terms excludes liability that cannot be limited by law.

18. Liability

18.1. The Customer is responsible for its use of the Service and for the assistant’s configuration.

18.4. The foregoing limitations shall not apply in cases of willful misconduct or gross negligence, or in respect of damages that applicable law does not permit to be excluded or limited.

19. Indemnification

19.1. The Customer shall hold the Provider harmless against any third-party claims arising from (i) use of the Service contrary to these Terms or to law, (ii) content uploaded by the Customer, or (iii) breach of its obligations as data controller or in relation to call recording and AI transparency.

20. Suspension and termination

20.1. The Provider may suspend or terminate the Service, with prior notice where reasonable, in the event of the Customer’s breach of these Terms, non-payment, unlawful or abusive use, or where applicable law so requires.

20.2. The Customer may terminate the relationship by cancelling in accordance with Clause 7. Termination does not relieve the Customer of payment of amounts accrued up to that point.

21. Assignment

21.1. The Customer may not assign its contractual position or the rights and obligations arising from these Terms without the Provider’s prior written consent. The Provider may assign them in the context of a corporate transaction (merger, acquisition, or transfer of assets), giving notice to the Customer.

22. Governing law and jurisdiction

22.1. These Terms shall be governed by and construed in accordance with Spanish law.

22.2. For the resolution of any dispute arising from these Terms, the parties, expressly waiving any other venue to which they may be entitled, submit to the jurisdiction of the Courts and Tribunals of the city of Madrid, without prejudice to any rights that mandatorily accrue to the Customer.

23. Miscellaneous

23.1. Partial invalidity. If any provision of these Terms is held void or unenforceable, that invalidity shall not affect the validity of the remainder, which shall remain in force.

23.2. Entire agreement. These Terms, together with the Privacy Policy, Annex I, and the Plan purchased, constitute the entire agreement between the parties and supersede any prior agreement relating to their subject matter.

23.3. Notices. Communications between the parties shall be made by email to the addresses provided by each of them.

23.4. Language. This English text is a translation provided for convenience. The Spanish version of these Terms prevails for all purposes.

24. Contact

Emblematic, Inc. — Emblematic Voice · info@emblematic.ai

Annex I — Data Processing Agreement

This Annex forms an integral part of the Terms and is entered into together with them upon purchase of the Service, in compliance with Article 28 of the GDPR. It requires no separate signature.

1. Purpose. To govern the processing by Emblematic (data processor) of the personal data of the Customer’s callers (data controller), for the sole purpose of providing the Service (call answering, scheduling, messages, escalations, and the integrations configured by the Customer).

2. Duration. Processing shall continue for as long as the subscription is in force and until the data is deleted or returned in accordance with Section 9.

3. Nature and categories.

• Data subjects: individuals who call or are called by the assistant (the Customer’s clients, patients, suppliers, or other contacts).
• Data: identification and contact data (name, phone number), conversation content (audio and transcript), booking or case-handling data, and any variables the Customer chooses to extract. The Customer shall refrain from configuring the Service to collect special categories of data unless it has a legal basis for doing so and has agreed this with the Provider.

4. Instructions. The processor shall process the data solely in accordance with the controller’s documented instructions, which comprise the configuration of the Service and these Terms.

5. Confidentiality. The processor warrants that the persons authorized to process the data have undertaken to respect confidentiality.

6. Security. The processor shall apply technical and organizational measures appropriate to the risk, including encryption in transit and at rest, access controls, and logical separation of data by customer.

7. Sub-processors. The controller gives general authorization for the engagement of sub-processors to provide the Service, in the categories of telephony (e.g., Twilio), payment processing (Stripe), EU cloud infrastructure, and AI model providers. The processor shall impose equivalent data protection obligations on each sub-processor and shall give notice of material changes, which the controller may object to on reasonable grounds.

8. Assistance. The processor shall assist the controller, to the extent possible, in responding to data subject rights requests, in the security of processing, in notifying personal data breaches, and in carrying out impact assessments where applicable.

9. Personal data breaches. The processor shall notify the controller without undue delay of any personal data breaches of which it becomes aware affecting data processed on the controller’s behalf, providing the information reasonably available.

10. Deletion or return. Upon termination of the Service, the processor shall delete the Call Data (by default, after 30 days) or return it, at the controller’s choice, unless a legal retention obligation applies.

11. International transfers. Data is processed within the EEA. Any access from outside the EEA (by Emblematic, Inc. or by a sub-processor) shall be covered by Standard Contractual Clauses or other appropriate safeguards.

12. Audit. The processor shall make available to the controller the information reasonably necessary to demonstrate compliance with this Annex and shall cooperate with proportionate audits, subject to prior notice.

Data protection contact: info@emblematic.ai