Terms of Service
These Terms of Service ("Terms") form a binding agreement between you and NEXGEN SKYLINEX, S.L., a company registered at Paseo Virgen del Puerto 51, 28005 Madrid, Spain ("Alovibe", "we", "us", or "our"), and govern your access to and use of the Alovibe platform, websites, applications, AI assistant, and related services (together, the "Service").
By creating an account, clicking to accept these Terms, or otherwise accessing or using the Service, you agree to be bound by these Terms. If you are entering into these Terms on behalf of a business or other organisation, you represent that you have authority to bind that entity, and "you" refers to that entity. If you do not agree to these Terms, you must not access or use the Service.
These Terms incorporate by reference our Privacy Policy, our Cookie Policy, and — where you process the personal data of your own customers through the Service — our Data Processing Agreement ("DPA"). Please read all of these documents. If there is a conflict between these Terms and one of those documents, Section 16.6 (Order of precedence) explains which prevails.
1. Definitions
In these Terms, the following capitalised words have the meanings given below:
- "Account" means the registered tenant account through which you access and configure the Service.
- "Alo" means the AI assistant feature of the Service, which generates automated messages and performs actions on your behalf according to your configuration.
- "Connected Channel" means a third-party messaging, calendar, email, or payment account that you connect to the Service (for example your own WhatsApp Business, Telegram, Instagram, Facebook, Google, or Stripe account).
- "Customer Data" means data relating to your own customers, contacts, bookings, conversations, and commerce that you upload to, generate within, or process through the Service. For clarity, Customer Data includes the personal data of your End Customers.
- "DPA" means the Data Processing Agreement that governs our processing of Customer Data on your behalf.
- "End Customer" means an individual who interacts with your business through the Service, including a person who books an appointment, sends a message through a Connected Channel, makes a purchase, or otherwise communicates with you via the Service.
- "Sub-processor" means a third party we engage to process Customer Data in order to provide the Service, as listed in Section 9 and in our Privacy Policy and DPA.
- "Subscription" means the paid plan you select, which determines the features and usage limits available to your Account.
- "You" or "Tenant" means the business or individual that registers and operates the Account.
2. Eligibility and Accounts
2.1 Eligibility. To use the Service you must be at least 18 years old (or the age of legal majority in your jurisdiction) and able to form a binding contract. The Service is intended for businesses and professional users, not for personal or household use by consumers.
2.2 Registration. You must provide accurate, current, and complete information when you register and keep that information up to date. You must be authorised to act on behalf of any business you register and to bind it to these Terms.
2.3 Account security. You are responsible for safeguarding your login credentials, for any team members or staff you invite, and for all activity that occurs under your Account. We strongly recommend enabling two-factor authentication, which the Service supports. You must notify us promptly at support@alovibe.app if you suspect any unauthorised access to or use of your Account. We are not liable for losses caused by unauthorised use of your Account where that use results from your failure to keep credentials secure.
2.4 Roles. The Service supports tenant-scoped roles (such as owner, manager, and front desk), and certain sensitive or irreversible actions require re-authentication or are restricted to the owner role. You are responsible for assigning roles appropriately and for the actions of every user you grant access to your Account.
3. Description of the Service
3.1 What the Service does. Alovibe is a multi-tenant software-as-a-service platform that provides booking, scheduling, customer relationship management, messaging, and commerce tools for businesses, including the AI assistant Alo. The Service lets you manage appointments and staff, communicate with End Customers across supported channels (including WhatsApp, Telegram, Instagram, Facebook, website chat, email, and optional voice), sell products and gift cards, run loyalty and marketing programmes, and accept payments through your own connected payment account.
3.2 Plans and features. The specific features, channels, usage allowances, and limits available to you depend on your Subscription plan as described on our pricing page or in your order. We may add, change, or remove features over time. Some features are configurable, and you control whether they are enabled. The AI assistant autopilot and the voice feature are enabled by default, and you can turn either of them off at any time in your settings.
3.3 Configuration is your responsibility. The Service is a flexible tool that you configure. You decide which channels to connect, whether and how to enable Alo, what messages and campaigns are sent, what data is collected, and how your business operates within the Service. You are responsible for these decisions and their outcomes.
3.4 Optional and evolving features. Some features may be offered as optional, beta, or preview functionality. Such features may be incomplete, may change, and may be withdrawn, and are provided without any commitment as to availability or support.
4. Subscriptions, Trials, Billing, and Taxes
4.1 Subscriptions. Paid plans are offered on a recurring subscription basis (for example monthly or annually) and renew automatically for successive periods unless cancelled. Subscription fees are billed in advance in the currency shown at checkout. We use a third-party payment processor (Stripe) to bill your Subscription; by subscribing you authorise recurring charges to your chosen payment method.
4.2 Trials. We may offer a free trial. If a trial requires a payment method, your Subscription will begin automatically and the applicable fee will be charged when the trial ends, unless you cancel before then. We may modify or discontinue trials at any time.
4.3 Cancellation. You may cancel your Subscription at any time through your Account or billing portal. Cancellation takes effect at the end of the then-current billing period; you retain access until that period ends. Except where required by law, fees already paid are non-refundable and we do not provide pro-rated refunds for partial periods.
4.4 Price changes. We may change our fees or introduce new charges. We will give you advance notice of any price increase that affects your Subscription, and the change will apply from your next renewal. If you do not accept a price change, you may cancel before it takes effect.
4.5 Taxes. Stated fees are exclusive of taxes unless otherwise indicated. You are responsible for all applicable sales, use, value-added (VAT), goods-and-services, withholding, and similar taxes arising from your Subscription, other than taxes based on our net income. Where we are required to collect such taxes, they will be added to your invoice.
4.6 Non-payment. If a charge fails or your account is past due, we may retry the charge and, after notice, suspend or limit your access until payment is resolved, as described in Section 11.
4.7 Payments from your End Customers. The Service does not charge your End Customers on our behalf, and the only payment we collect from you is your Subscription. Where you accept payments from End Customers through the Service — for example booking deposits, balances, no-show fees, product orders, or gift cards — those payments are processed through your own connected Stripe account (via Stripe Connect) and are paid directly to you. We facilitate the integration and store payment identifiers and metadata (never full card numbers), but we are not a party to, and are not responsible for, the underlying transaction between you and your End Customer. You are responsible for any refunds, chargebacks, disputes, and tax obligations arising from those transactions, and for the Stripe processing fees billed to your connected account. See Section 9 for related third-party fees.
5. Acceptable Use
5.1 General. You agree to use the Service lawfully and in accordance with these Terms. You must not, and must not permit any user or End Customer acting through your Account to:
- use the Service for any unlawful, fraudulent, deceptive, harmful, harassing, defamatory, or abusive purpose;
- send messages, marketing, or other communications without a lawful basis or required consent, or in violation of anti-spam, telemarketing, or electronic-communications laws (including the GDPR, the ePrivacy rules, CAN-SPAM, and equivalent laws);
- infringe the intellectual property, privacy, publicity, or other rights of any person;
- upload or transmit malware, or any content that is obscene, hateful, or otherwise objectionable;
- attempt to gain unauthorised access to the Service, other tenants' accounts or data, or our systems, or to probe, scan, or test the vulnerability of the Service except with our prior written permission;
- reverse-engineer, decompile, or attempt to derive the source code of the Service, except to the extent this restriction is prohibited by law;
- interfere with or disrupt the integrity or performance of the Service, including by circumventing usage limits, rate limits, anti-abuse measures, or security measures;
- resell, sublicense, or make the Service available to any third party other than your authorised users and your End Customers, or use it to build a competing product; or
- use the Service in violation of the terms or policies of any Connected Channel or third-party provider.
5.2 Responsibility for content and channels. You are solely responsible for all content, messages, data, and configurations you and your users and End Customers create, send, or process through the Service, and for complying with the rules of every third-party channel you connect (including WhatsApp, Telegram, Instagram, Facebook, Google, and Stripe).
5.3 Anti-abuse measures. The Service applies automated rate limiting and abuse-prevention controls (for example to detect repeated or bulk inbound messaging) that may pause or limit automated handling on a conversation to protect the Service and its users. These controls operate automatically and do not relieve you of your obligations under this Section.
5.4 Enforcement. We may, but are not obligated to, investigate suspected violations and take action, including removing content, disabling features, or suspending access, as described in Section 11.
6. Tenant Responsibilities and Data Protection Roles
6.1 Three-party model. The Service operates a multi-tenant model that involves three categories of party: (a) us, as operator of the Service; (b) you, as the tenant business; and (c) your End Customers (and your staff), whose personal data may be processed through the Service.
6.2 Roles under data-protection law. With respect to account, billing, login, and security data relating to you and your users, we act as the controller, as described in our Privacy Policy. With respect to the Customer Data you process through the Service — including conversations, bookings, contacts, and commerce data relating to your End Customers — you are the controller and we act as your processor, processing that data on your documented instructions in accordance with the DPA. Where the DPA conflicts with these Terms in relation to the processing of Customer Data, the DPA prevails.
6.3 Your lawful basis and notices. As controller of your End Customers' personal data, you are responsible for: establishing a valid lawful basis for processing (such as consent, contract, or legitimate interests); providing your End Customers with required privacy notices and information about how their data is used, including that an AI assistant may handle communications and that the Service uses Sub-processors; obtaining and recording any consents required for marketing or messaging; and honouring data-subject rights and opt-out requests. The Service provides tooling to help you do this (including data export, deletion, correction, and marketing opt-out), but the obligation to comply rests with you as controller.
6.4 Lawful collection. You represent and warrant that you have the right to upload, import, and process all Customer Data you bring into the Service, and that doing so does not violate any law or third-party right.
6.5 Connected Channels are yours. Connected Channels are your own third-party accounts. You are responsible for maintaining them, for compliance with their terms, and for any fees they charge (see Section 9).
7. Your Content and Data; Intellectual Property
7.1 Your ownership. As between you and us, you retain all rights in and to your Customer Data and any content you upload to the Service. We do not claim ownership of it.
7.2 Licence to us. You grant us a worldwide, non-exclusive, royalty-free licence to host, store, process, transmit, display, and otherwise use your Customer Data and content solely to the extent necessary to provide, secure, maintain, and improve the Service for you, to comply with your instructions and these Terms, and to meet our legal obligations. This licence ends when the relevant data is deleted in accordance with our retention practices, except for copies retained in routine backups (which are overwritten on their normal rotation cycle) or as required by law.
7.3 Our intellectual property. The Service — including its software, models, design, user interface, documentation, trademarks, and brand — is owned by us or our licensors and is protected by intellectual property and other laws. Subject to these Terms and your payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Service for your internal business purposes during the term of your Subscription. We reserve all rights not expressly granted to you. Nothing in these Terms transfers any ownership of the Service to you.
7.4 Aggregated and de-identified data. We may generate and use aggregated or de-identified statistics about use of the Service (data that does not identify you or any individual) to operate, analyse, and improve the Service. We do not sell your Customer Data.
7.5 Feedback. If you give us suggestions or feedback about the Service, you grant us a perpetual, irrevocable, royalty-free licence to use it without restriction or obligation to you.
8. AI Assistant
8.1 Automated output. Alo and any other AI features generate responses, summaries, and suggested actions automatically using machine-learning models. AI output can be inaccurate, incomplete, or otherwise wrong, and may not be suitable for every situation. AI output does not represent our advice or opinion.
8.2 Human oversight and your responsibility. You are responsible for configuring the AI features appropriately, for reviewing AI-generated content, and for all messages and actions taken on your behalf — whether sent automatically or after review. You should maintain appropriate human oversight, especially for sensitive, high-value, or irreversible interactions. The AI features are optional and you control whether and how they are enabled.
8.3 Not professional advice. The Service and any AI output are not a substitute for professional, legal, medical, financial, or other expert advice, and must not be relied upon as such.
8.4 AI processing by Sub-processors. To provide the AI features, relevant content (such as conversation context and your knowledge-base content) is sent to our AI Sub-processor for processing. For the voice feature, the End Customer's audio is sent to our own servers, which relay it to our AI Sub-processor to transcribe the speech to text, generate a reply, and synthesize the spoken reply (a cascade); audio is not streamed directly between the End Customer's browser and that provider. This processing is described in our Privacy Policy and DPA. You are responsible for ensuring you have a lawful basis to send Customer Data for AI processing.
9. Third-Party Services and Channel Fees
9.1 Sub-processors and integrations. The Service integrates with and relies on third-party providers, which act as our or your Sub-processors as described in our Privacy Policy and DPA. These currently include: OpenAI (AI assistant, embeddings, and voice); Stripe (Subscription billing and, via Stripe Connect, your own payment processing); Resend (transactional and marketing email delivery); Meta (WhatsApp, Instagram, and Facebook messaging); Telegram (bot messaging); optionally Google (Calendar sync and send-only Gmail); and optionally Sentry (error monitoring). The Service is hosted on operator-run infrastructure that we manage. An up-to-date list of Sub-processors is maintained in our Privacy Policy and DPA, and we will provide a mechanism to notify you of changes to Sub-processors as set out in the DPA.
9.2 Third-party terms. Your use of any integration may also be subject to the relevant provider's own terms and policies, and that provider processes data under its own terms in that respect. We are not responsible for third-party services, their availability, or their acts or omissions, and their inclusion does not imply endorsement.
9.3 Channel fees are yours. When you connect a Connected Channel, you connect your own provider account. Any fees those providers charge — including WhatsApp/Meta conversation or message fees and payment-processing fees on your Stripe account — are billed by the provider directly to your account and are your responsibility, not ours. You are responsible for adding any required payment method to those accounts, obtaining any necessary opt-in or consent from End Customers, and complying with each provider's policies.
10. Availability and Support
10.1 Reasonable efforts. We aim to keep the Service available and use commercially reasonable efforts to maintain a high level of uptime. However, the Service is provided on an "as available" basis and we do not guarantee that it will be uninterrupted, timely, or error-free.
10.2 Maintenance. We may perform scheduled or emergency maintenance, which can cause temporary unavailability. Where reasonably practicable we will announce planned maintenance in advance.
10.3 Dependencies. Availability can be affected by third-party providers and Connected Channels outside our control. We are not responsible for downtime or degradation caused by such third parties, your own configuration, or factors beyond our reasonable control.
10.4 No SLA unless agreed. Unless we have agreed a separate written service-level agreement with you, no specific uptime or response-time commitment forms part of these Terms.
11. Suspension and Termination
11.1 By you. You may stop using the Service and cancel your Subscription at any time as described in Section 4. You may request deletion of your Account from within the Service; deletion triggers the cancellation and data-removal process described in our Privacy Policy.
11.2 By us. We may suspend, limit, or terminate your access to all or part of the Service, with or without notice as appropriate to the circumstances, if: (a) you materially breach these Terms (including the Acceptable Use policy) and, where the breach is curable, fail to cure it within a reasonable period after notice; (b) your account is past due; (c) we reasonably believe suspension is necessary to protect the Service, other users, End Customers, or third parties, or to prevent harm, fraud, or a security risk; or (d) we are required to do so by law.
11.3 Effect of termination. On termination or expiry, your right to access and use the Service ends. We will handle your data in accordance with our retention practices, the DPA, and applicable law, including making export available to you for a limited period and deleting Customer Data after the applicable retention window. You remain responsible for fees accrued before termination. Sections that by their nature should survive termination (including ownership, licences granted to us, confidentiality, disclaimers, limitation of liability, indemnity, and governing law) will survive.
12. Disclaimers
12.1 As-is. To the maximum extent permitted by law, the Service is provided "as is" and "as available", without warranties or conditions of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, accuracy, and non-infringement.
12.2 No guarantee of results. We do not warrant that the Service will meet your requirements, that it will be uninterrupted, secure, or error-free, that AI output will be accurate, or that defects will be corrected. You are responsible for verifying outputs and for your business decisions.
12.3 Statutory rights. Some jurisdictions do not allow the exclusion of certain warranties. To the extent such exclusions are not permitted, the excluded warranties are limited to the minimum period and extent required by law, and nothing in these Terms limits any non-excludable statutory or consumer-protection rights you may have.
13. Limitation of Liability
13.1 Exclusion of certain damages. To the maximum extent permitted by law, neither party will be liable to the other for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, goodwill, business, anticipated savings, or data, arising out of or relating to the Service or these Terms, even if advised of the possibility of such damages.
13.2 Cap on liability. To the maximum extent permitted by law, our total aggregate liability arising out of or relating to the Service or these Terms — whether in contract, tort (including negligence), or otherwise — will not exceed the total amount you paid to us for the Service in the twelve (12) months immediately before the event giving rise to the liability.
13.3 Exceptions. Nothing in these Terms excludes or limits either party's liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under applicable law. The limitation in Section 13.2 does not apply to your obligation to pay fees due under Section 4 or to your indemnity obligations under Section 14.
13.4 Allocation of risk. The limitations in this Section reflect a reasonable allocation of risk and form an essential basis of the bargain between us; the fees would be substantially higher without them.
14. Indemnity
You will defend, indemnify, and hold harmless Alovibe and its officers, directors, employees, and agents from and against any third-party claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable legal fees) arising out of or relating to: (a) your Customer Data or content; (b) your use of the Service in breach of these Terms or applicable law; (c) your messaging, marketing, or other communications with End Customers, including any failure to obtain a required lawful basis or consent; (d) your configuration or use of the AI features and Connected Channels; or (e) your breach of your obligations as a data controller. We will notify you of any such claim, allow you to control the defence (with our right to participate using our own counsel), and reasonably cooperate; you may not settle any claim in a way that imposes obligations or admissions on us without our prior written consent.
15. Compliance with Laws; Export and Sanctions
You are responsible for complying with all laws applicable to your use of the Service, including data-protection, consumer-protection, marketing, and electronic-communications laws. You represent that you and your authorised users are not subject to applicable trade sanctions or export-control restrictions that would prohibit your use of the Service, and you agree not to use or export the Service in violation of such laws. You will not use the Service for the benefit of any sanctioned person or in any embargoed territory in breach of applicable law.
16. Changes to These Terms and General
16.1 Changes to these Terms. We may update these Terms from time to time. If we make a material change, we will provide reasonable notice (for example by posting the updated Terms with a new effective date and, where appropriate, notifying you by email or in-product). Changes take effect on the date stated, and your continued use of the Service after that date constitutes acceptance. If you do not agree to a change, you must stop using the Service before the change takes effect.
16.2 Entire agreement. These Terms, together with the Privacy Policy, Cookie Policy, DPA, and any order or plan details, constitute the entire agreement between you and us regarding the Service and supersede all prior agreements on the subject.
16.3 Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganisation, or sale of assets, on notice to you.
16.4 Severability and waiver. If any provision is held unenforceable, the remaining provisions remain in effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable. A failure to enforce a provision is not a waiver of it.
16.5 Notices. We may send notices to the email address associated with your Account; you are responsible for keeping it current. Notices to us should be sent to support@alovibe.app.
16.6 Order of precedence. In the event of a conflict, the following order of precedence applies: (a) the DPA, in relation to our processing of Customer Data on your behalf; (b) any written order or plan details agreed between us; (c) these Terms; and (d) the Privacy Policy and Cookie Policy. In all other respects these documents are intended to be read together.
16.7 Independent parties. The parties are independent contractors. Nothing in these Terms creates any partnership, joint venture, agency, or employment relationship between them.
16.8 No third-party beneficiaries. These Terms do not confer any rights on, and are not enforceable by, any person who is not a party to them, except as expressly stated.
16.9 Force majeure. Neither party is liable for failure or delay caused by events beyond its reasonable control, including acts of nature, outages, third-party provider failures, labour disputes, or government action.
17. Governing Law and Dispute Resolution
These Terms, and any dispute or claim arising out of or in connection with them or the Service (including non-contractual disputes), are governed by and construed in accordance with the laws of Spain, without regard to its conflict-of-law rules. The courts of Spain have exclusive jurisdiction to settle any such dispute, except that either party may seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property or confidential information. Nothing in this Section affects any mandatory consumer-protection rights or the right to bring proceedings in the courts of your country of residence where such rights cannot be excluded by agreement.
18. Contact
If you have questions about these Terms or the Service, contact us at:
NEXGEN SKYLINEX, S.L. Paseo Virgen del Puerto 51, 28005 Madrid, Spain Email: support@alovibe.app (general) / privacy@alovibe.com (privacy and data protection)