Terms and Conditions

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) appointment-management platform for any business or centre that works by appointment (salons, beauty studios, clinics, practices and similar), that includes:

Web administration panel for appointments, clients, professionals, services and schedules.
Mobile app for iOS and Android intended for business staff.
AI assistants ("Elena") that automatically attend to your clients by voice (phone calls) and WhatsApp, as well as by SMS, to schedule, modify or cancel appointments. WhatsApp is the main messaging channel; confirmation, reminder and status-change notifications are sent through it by default (configurable as SMS).
Integration with third-party services (Vapi AI, OpenAI and Twilio) for voice, WhatsApp and SMS functionality.

The voice and WhatsApp channels share the same AI engine and the same business logic (availability, bookings and notifications), so the rules in the following sections apply to both unless stated otherwise.

Scope of the service: Davoxly is an appointment-management tool. It is not a health, electronic health record or medical diagnostic system, and is not designed to store health data. The business must limit itself to entering the data necessary to manage appointments and must not record health information on the platform beyond what is strictly necessary. Where a conversation (call or WhatsApp) or a free-text note incidentally contains information about a client's health, such processing is based on Art. 9.2.h GDPR (provision of healthcare) and limited to the purpose of managing the appointment.

3. Eligibility

The service is intended exclusively for:

Professionals aged 18 or over.
Staff of businesses and practices (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 business 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 businesses 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 clients 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. Client Data

The business, as Data Controller for its clients' data, is solely responsible for:

Having obtained the necessary authorisations and consents from clients for the processing of their data.
Complying with GDPR, LOPDGDD and any other applicable regulations regarding client data.
The accuracy and lawfulness of client data entered into the platform.
Informing clients about the use of technology tools, including the AI voice and WhatsApp assistants.

Davoxly acts as Data Processor for client 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 Assistants (Voice and WhatsApp)

Davoxly's AI assistants ("Elena") operate using third-party technology (Vapi AI and OpenAI), both on phone calls and in WhatsApp conversations. By using this functionality:

You acknowledge that the assistant may make errors in understanding requests or managing appointments, and that business 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 business will inform its clients 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, Twilio) over which Davoxly has no absolute control.
"Return reminders" are commercial communications that the business switches on voluntarily. The business is responsible for having an appropriate legal basis (the client's consent or the existing-customer exemption under art. 21.2 LSSI) and for offering the client a simple way to opt out. At most one reminder per client and service is sent, and it cancels automatically if the client books again.

The assistant does not provide professional advice. Any such information shared by a client must be handled by the relevant qualified professional.

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 business (appointments, clients, call history) belongs to the business. 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, where the service is provided free of charge (for example, during the trial period), €100.
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 clients' data; (iv) any third-party claim arising from your use of the service.

12. Pricing and Payment

Davoxly is offered through monthly subscription plans. The price of each plan, the AI voice minutes included, the overage rate and the available add-ons are published at davoxly.com/en (section "Pricing"). By subscribing to a plan you accept these billing conditions.

Recurring monthly billing: the fee is billed in advance on a monthly basis. Period usage (minute overage and add-ons) is billed together with that month's fee.
Recurring automatic charge: by subscribing, you authorise Davoxly to issue and automatically charge each recurring invoice to the payment method you have provided (card through Stripe, our payment provider). The first charge is made on subscription and subsequent charges at the start of each monthly renewal.
Saved payment method: so that recurring charges can be made, we securely store your payment method through Stripe. You can view, update or replace it at any time from the panel (the "Mi plan" section), without cancelling the subscription. Davoxly does not store full card details.
Automatic renewal: the subscription renews automatically at the end of each monthly period until you cancel it. Cancellation takes effect at the end of the period already paid for; until then you keep access and no further charges are generated.
Taxes: published prices exclude VAT (21% in Spain), which is added on the invoice where applicable.
AI voice minutes: each plan includes a monthly minute allowance. Unused minutes are kept for up to 12 months, within the limit stated on the website. Usage beyond the allowance and accumulated minutes is billed at the plan's overage rate.
Free trial: new businesses get a 14-day trial starting when their assistant goes live, under the conditions published on the website.
Free or promotional periods: Davoxly may grant periods during which the subscription is fully or partly comped (for example, due to a promotion, an incident or a commercial agreement). While they are in force, no fee is charged, although the business keeps the same level of service. Our team manages these periods and will tell you the date until which they extend; from that date, recurring billing resumes as normal, with prior notice.
Add-ons: Davoxly may offer add-ons (for example, minute packs or SMS messages), priced and disclosed before purchase.
Cancellation: you may cancel at any time without commitment from the panel or by writing to support@davoxly.com. Cancellation takes effect at the end of the period already paid for, switches off automatic renewal and generates no further charges.
Refunds: you have 15 days from your first purchase to request a refund of the first month's fee, by writing to support@davoxly.com. Already-invoiced usage (minutes and add-ons) is non-refundable.
Failed payment and recovery: if an automatic charge cannot be processed (for example, due to an expired card or insufficient funds), we will notify you by email and keep the service running for a grace period of 7 days so you can update your payment method. If the debt is not settled within that period, the voice AI assistant is switched off (the panel and your data remain available, with a pending-payment notice); data is not deleted and the service is automatically restored as soon as payment is settled. Without prejudice to the foregoing, we may recover overdue, unpaid fees through any legally available means.
Price changes: Davoxly may change plan prices. Changes will be communicated at least 30 days in advance and will not apply retroactively to the current period. Existing subscriptions keep their contracted price unless the plan is changed.

13. Termination

Either party may terminate the relationship at any time:

The user / business: 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 business 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