Terms and Conditions

Last Updated: January 2026

1. Introduction

Welcome to VivaSpeak. These Terms and Conditions ("Terms") govern your access to and use of our AI Voice Agent services, website, and any related services we provide. By using our services, you agree to these Terms.

2. Definitions

"User," "You" refers to the person or entity using our services.

"VivaSpeak," "We" refers to VivaSpeak and its affiliates.

"Services" refers to our AI Voice Agents, call automation tools, and website.

3. Acceptance of Terms

By accessing our website, registering, or using our services, you confirm that you have read, understood, and accepted these Terms.

4. License and Permitted Use

We grant you a limited, non-exclusive, non-transferable, revocable license to use our services.

• You may not reverse-engineer or extract the source code of our software.
• You may not share login credentials or use our services for misleading purposes.

5. Subscription and Payment

Subscriptions renew automatically unless canceled. Payments are non-refundable unless required by law.

Refunds are generally not provided, except when required by law or if a service was not delivered as promised. If you believe you qualify for a refund, contact us at contact@vivaspeak.com.

6. Data Collection and Privacy

We collect personal data as described in our Privacy Policy.

7. Use of Google integrations

When the User connects their Google account (e.g. Google Contacts or Google Calendar), they authorize VivaSpeak to access and operate on those services in accordance with the permissions granted via Google OAuth. The User is responsible for keeping such permissions active and may revoke them at any time from their Google account or from VivaSpeak settings. The use of Google data is additionally governed by our Privacy Policy. The User is responsible for ensuring that they have sufficient authorization to create events in the connected calendars and that the use of such integrations complies with applicable regulations and Google's policies.

8. Technical operator / authorized third party

VivaSpeak acts as a technical provider that operates messaging integrations (including the WhatsApp Business API) on behalf of the Client, following the Client's instructions.

VivaSpeak does not decide or control the content of messages, flows, or automated responses, which are defined or authorized by the Client.

9. WhatsApp and third parties

The Client is solely responsible for complying with the policies of WhatsApp, Meta, and external providers. VivaSpeak does not own the channel or the number, and does not control suspensions, limits, or blocks imposed by third parties.

The Client must ensure user consent (opt-in), honor opt-out requests, use approved templates when required, and provide clear support paths. WhatsApp messaging is also governed by our WhatsApp Messaging Policy.

VivaSpeak uses external technology providers to deliver the service. The Client acknowledges that availability, limits, and operation of those services depend on third parties.

10. AI clause

Messaging data processed by VivaSpeak is not used to train general-purpose AI models, and is not shared between clients. The AI operates in a deterministic and/or contextual manner, limited to providing the contracted service for each Client.

Under no circumstances is data used to train, retrain, or improve general-purpose language or artificial intelligence models.

11. Call recording and transcription

This clause applies to inbound and outbound calls made to or from numbers managed by VivaSpeak.

Calls made to numbers managed by VivaSpeak may be recorded and transcribed using artificial intelligence systems, when permitted by applicable law, for the purpose of providing the contracted service, handling requests, improving service quality, and ensuring the proper functioning of the voice agents.

These recordings and transcripts may include personal data and will be processed in accordance with the General Data Protection Regulation (GDPR) and applicable data protection regulations.

By initiating a call, the user expressly accepts this processing. If the user does not agree, they must refrain from making the call or request an alternative contact channel.

The Client is responsible for informing and obtaining, when legally required, the consent of the end interlocutor for recording, transcription, and use of automated voice agents.

12. User Responsibilities

• Provide accurate information during registration.
• Keep your login credentials confidential.

13. Intellectual Property

All software, trademarks, and content belong to VivaSpeak. You may not copy or distribute them.

14. Service Availability and Limitations

We strive to provide continuous availability but do not guarantee uninterrupted service. VivaSpeak is not responsible for interruptions due to maintenance, third-party failures, or unforeseen circumstances.

15. Termination

We may terminate accounts for violations or unpaid fees. No refunds are issued for terminations due to non-compliance.

16. Limitation of Liability

We are not liable for indirect, incidental, or consequential damages. Our maximum liability is limited to the last three months of payments.

17. Right of Withdrawal (EU Consumers)

EU consumers have the right to withdraw within 14 days of subscribing, unless the service has already been used.

18. Changes to the Terms

VivaSpeak reserves the right to update or modify these Terms at any time. If changes are significant, we will notify users by email or through a notice on our website. Continued use of the Services constitutes acceptance of the updated Terms.

19. Governing Law

For EU users, disputes are subject to Spanish law and resolved in Málaga, Spain.

20. Dispute Resolution

Before initiating legal action, both parties agree to attempt resolution through mediation. If mediation fails, disputes will be resolved through arbitration in Málaga, Spain.

21. Contact

If you have any questions, contact us at contact@vivaspeak.com.