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Draft, to be reviewed by a lawyer. The text is a template and is not a legally reviewed document. Fill in the fields in square brackets.

Terms of use

Version of [date]

1. Who we are

Xplai service, Vilnius, Lithuania. Legal entity details will be provided after the company is registered. In these terms we refer to ourselves as "we", and to the hotel, apartments, school or other business using Xplai as the "client".

[Draft, to be reviewed by a lawyer]

2. Account and access

The client is responsible for their staff's access and for actions taken under their accounts. The client's administrator decides which staff member sees what.

3. Plans and payment

Prices are listed on the “Pricing” page or in the contract, in euros, excl. VAT.

There are two payment options. Option A: the client pays the first 3 months upfront, setup is free, then an invoice once a month. Option B: the client pays the first month and a one-time setup fee, then an invoice once a month.

AI phone call minutes are billed as used, invoiced at the end of the month.

The client pays Meta (the owner of WhatsApp) directly for WhatsApp messages at its rates.

4. Limits and overage

Every plan has a limit: how many chat replies are included per month. If more replies are needed, each additional 1 000 replies cost €15. We notify the client when 80% is used. The client can set a cap on call minutes and spending.

5. Customer obligations

The client provides accurate information for the knowledge base (prices, rules, schedule) and keeps it up to date. The client informs guests about the processing of their data and follows messenger rules.

6. AI replies

Xplai answers based on the client's knowledge base. We aim for accurate answers, but the client is responsible for the content of the knowledge base and for decisions based on the answers. For the first 2 weeks draft mode is on: the client's staff checks answers before sending.

7. Data and privacy

Personal data processing is described in the Data Processing Agreement and the Privacy Policy. The data of the client and their guests belongs to the client.

8. Service availability

We aim to keep Xplai running without interruptions and give advance notice of planned maintenance. Target availability of the Xplai platform: 99,5% of the time per month, excluding the third-party services listed in the "Third-party services" section. [Draft, to be reviewed by a lawyer]

9. Third-party services

Xplai depends on third-party services: WhatsApp and Meta, Telegram, Instagram, telecom operators and phone line providers, the booking and customer management software used by the client, payment systems, AI providers, hosting and domain registrars.

Xplai is not responsible for outages, restrictions, blocks or changes to prices and terms of these services. The client pays for WhatsApp messages and telecom services directly to their owners.

Supplier price changes. Prices for items that depend on third parties (AI voice models, carriers and phone line providers, WhatsApp and Meta messages) may change in proportion to the supplier's price changes. We notify the customer at least 30 days in advance, and the customer can disable that module without penalty. The monthly plan and the price of chat replies are fixed for the term of the contract. [Draft, to be reviewed by a lawyer]

If a third-party service fails, we inform the client and, where possible, move guest communication to backup channels.

AI replies are based on the client's data. The client is responsible for keeping this data (prices, rules, schedule) up to date.

[Draft, to be reviewed by a lawyer]

10. Websites and marketplaces

Scope of work, price, timeline and number of revision rounds (default 2) are set out in the brief or contract. The customer pays for the domain and paid third-party services. Development payment 50/50: half at the start, half at launch. Website support is billed monthly, minimum term 6 months, first month free. [Draft, to be reviewed by a lawyer]

11. Cancellation and refunds

14-day guarantee. During the first 14 days after launch (draft mode), the customer can cancel the services and get a refund. We only retain the setup fee: €190 for the chat agent, schools and apartments, €590 for a hotel up to 50 rooms, €690 up to 150 rooms, €990 up to 300 rooms, €390 for telephony setup. Example: a customer paid €1 200 for 3 months, cancelled within the first 14 days and gets €510 back. With monthly payment, we refund the month's payment; the setup fee is non-refundable.

After 14 days the paid period is neither refunded nor renewed. The client can cancel the subscription at any time: there will be no new charges, and Xplai works until the end of the paid period.

You only pay for the talk minutes you use.

At the client's request we export or delete their data within 30 days.

[Draft, to be reviewed by a lawyer]

12. Limitation of liability

Our liability is limited to the amount the customer paid over the last 12 months, except where the law does not permit such a limitation. [Draft, to be reviewed by a lawyer]

13. Governing law

These terms are governed by the law of the Republic of Lithuania. Disputes are heard by the court at Xplai's location in Vilnius. [Draft, to be reviewed by a lawyer]

14. Contacts

Phone and WhatsApp: +370 630 67364. Email: hello@xplai.eu.

Условия использования Xplai
Черновик, проверит юрист. Текст подготовлен как шаблон и не является юридически проверенным документом. Поля в квадратных скобках нужно заполнить.

Условия использования

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