These Terms and Conditions govern access to and use of the Davoxly service (web application at davoxly.com and the Davoxly mobile app) provided by Flormarys Elena Diaz Diaz, self-employed (autónoma) based in Murcia, Spain (hereinafter "Davoxly" or "we").
By registering, accessing or using the service, you agree to be bound by these Terms. If you disagree, you must not use the service.
1. Acceptance of Terms
Use of the service constitutes full and unconditional acceptance of these Terms and Conditions, as well as our Privacy Policy and Cookie Policy. In the event of conflict between these Terms and any other communication, these Terms shall prevail.
2. Service Description
Davoxly is a SaaS (Software as a Service) management platform for clinics, practices, and any appointment-based business, that includes:
- Web administration panel for appointments, patients, doctors, services and schedules.
- Mobile app for iOS and Android intended for clinic staff.
- AI voice assistant ("Elena") that automatically handles incoming patient phone calls to schedule, modify or cancel appointments.
- Integration with third-party services (Vapi AI, Twilio) for voice and SMS functionality.
Davoxly is not a certified electronic health records (EHR) system or a medical diagnostic system. It must not be used as a substitute for professional clinical judgement.
3. Eligibility
The service is intended exclusively for:
- Professionals aged 18 or over.
- Staff of clinics, practices, or businesses (receptionists, professionals, administrators) who have been registered on the platform by their organisation's administrator.
Individual self-registration is not available. Accounts are created by invitation from the clinic administrator. By creating an account, you confirm that you meet the above eligibility requirements.
4. User Accounts
You are responsible for:
- Maintaining the confidentiality of your access credentials.
- All activities carried out using your account.
- Immediately notifying support@davoxly.com of any unauthorised use of your account or security breach.
You must not share your password or allow third parties to access the service with your credentials. Davoxly will not be liable for losses arising from unauthorised use of your account where you have failed to comply with these obligations.
5. Acceptable Use
The following are expressly prohibited:
- Using the service for illegal, fraudulent purposes or in violation of third-party rights.
- Accessing, manipulating or copying data belonging to other clinics or users.
- Reverse engineering, decompiling or attempting to extract the source code of the application.
- Transmitting viruses, malware or any harmful code.
- Deliberately overloading the service infrastructure (denial-of-service attacks).
- Using the service to send unsolicited communications (spam).
- Using the voice assistant to deceive patients or for purposes other than appointment management.
- Assigning or sublicensing access to the service to unauthorised third parties.
Breach of these rules may result in immediate suspension or cancellation of the account, without prejudice to any applicable legal actions.
6. Patient Data
The clinic, as Data Controller for its patients' data, is solely responsible for:
- Having obtained the necessary authorisations and consents from patients for the processing of their data.
- Complying with GDPR, LOPDGDD and any applicable health regulations regarding patient data.
- The accuracy and lawfulness of patient data entered into the platform.
- Informing patients about the use of technology tools, including the AI voice assistant.
Davoxly acts as Data Processor for patient data, in accordance with the Data Processing Agreement (DPA) that forms an integral part of these Terms. The full DPA is available in our Privacy Policy or may be requested at support@davoxly.com.
7. AI Voice Assistant
Davoxly's AI voice assistant ("Elena") operates using third-party technology (Vapi AI and OpenAI). By using this functionality:
- You acknowledge that the assistant may make errors in understanding requests or managing appointments, and that clinic staff must supervise appointments created or modified by the assistant.
- You accept that calls handled by the assistant may be recorded for quality purposes.
- You confirm that the clinic will inform its patients that their calls may be attended and recorded by an automated assistant.
- You understand that the availability of this functionality depends on third-party services (Vapi, OpenAI) over which Davoxly has no absolute control.
The voice assistant does not provide medical advice, diagnoses or treatment recommendations. Any such information shared by a patient during a call must be handled by qualified medical staff.
8. Service Availability
Davoxly makes all reasonable efforts to keep the service continuously available, but does not guarantee 100% uptime. The service may be interrupted due to:
- Scheduled maintenance (communicated in advance where possible).
- Failures in third-party infrastructure (DigitalOcean, Vapi, Twilio).
- Force majeure.
- Urgent security updates.
Davoxly will not be liable for damages or losses resulting from service interruption, except in cases provided for by applicable law.
9. Intellectual Property
All intellectual property rights in the software, design, logos, text, database and other elements that make up the Davoxly service belong to Flormarys Elena Diaz Diaz or the respective licensors.
You are granted a limited, non-exclusive, non-transferable and revocable licence to use the service under the terms set out in this document. This licence does not imply the transfer of any ownership rights over the software or any element of the service.
Data generated by the clinic (appointments, patients, call history) belongs to the clinic. Davoxly will facilitate the export of such data in a standard format upon termination of the contract.
10. Limitation of Liability
To the maximum extent permitted by applicable law:
- The service is provided "as is" and "as available".
- Davoxly does not warrant that the service will be uninterrupted, error-free or completely secure.
- Davoxly will not be liable for indirect, incidental, special, consequential or punitive damages, including loss of profits, data or goodwill.
- Davoxly's total liability to you for any claim will not exceed the amount paid for the service during the three (3) months prior to the event giving rise to the claim, or €100 if the service is provided free of charge.
- Davoxly accepts no liability for the acts or omissions of third-party services (Vapi, Twilio, DigitalOcean) integrated into the platform.
These limitations do not affect any statutory rights you may have as a consumer under Spanish and European law.
11. Indemnification
You agree to indemnify, defend and hold harmless Davoxly and its collaborators against any claims, liabilities, damages, losses or expenses (including reasonable legal fees) arising from or related to: (i) your use of the service in violation of these Terms; (ii) the inaccuracy or unlawfulness of data you enter into the platform; (iii) your failure to fulfil your obligations as Data Controller for your patients' data; (iv) any third-party claim arising from your use of the service.
12. Pricing and Payment
During the current product validation phase, the service is provided free of charge. When Davoxly establishes pricing, existing users will be notified at least 30 days in advance and may cancel their account at no cost if they do not accept the new pricing.
When paid plans are introduced, information will be provided about: amounts, billing frequency, payment method, cancellation conditions and refund policy.
13. Termination
Either party may terminate the relationship at any time:
- The user / clinic: By sending a cancellation request to support@davoxly.com or deleting the account from the panel.
- Davoxly: May suspend or cancel access immediately and without prior notice in the event of serious breach of these Terms, fraudulent use or illegal activity. In other cases, at least 15 days' notice will be given.
After termination, Davoxly will make clinic data available for export for 30 days, after which the data will be deleted as described in the Privacy Policy.
14. Governing Law and Dispute Resolution
These Terms are governed by Spanish law. Any dispute shall be subject to the exclusive jurisdiction of the courts of Murcia (Spain), unless applicable law establishes a mandatory alternative forum (e.g. the consumer's place of domicile).
Before initiating any legal action, the parties commit to attempting to resolve the dispute in good faith through direct negotiation for a period of 30 days.
15. Changes to Terms
Davoxly may modify these Terms at any time. Material changes will be communicated by email or a notice in the application at least 30 days in advance. Continued use of the service after changes take effect implies acceptance of the new Terms.
16. Contact
For any queries about these Terms, contact us at:
- Email: support@davoxly.com
- Website: https://davoxly.com