These Terms of Service (the "Terms") form a binding agreement between Acastia, currently registered in Spain (the "Company", "we", "us"), and the legal entity or individual accepting these Terms (the "Customer", "you") when ordering a plan or using the Acastia service (the "Service").

By ordering a plan, paying for it, or otherwise using the Service, you confirm that you have read, understood, and agreed to be bound by these Terms. If you do not agree, do not use the Service.

Note: Acastia is currently registered in Spain. We plan to relocate the company to Denmark once we reach proof of concept. When that happens, these Terms will be updated to reflect the new Danish entity and governing law. Your rights under these Terms will not be reduced by the relocation.

Please read Sections 10, 11, 16 and 17 carefully. They limit our liability and describe warranties that we do not make. Your use of the Service depends on your acceptance of those limitations.

1. Definitions

  • AI Agent — an AI-powered voice or messaging assistant that we set up and operate for you on the Service.
  • End User — any third party who interacts with your AI Agent (typically a person being called or calling in).
  • Customer Data — all data you upload, submit, or generate through the Service, including knowledge base content, contact lists, transcripts, and account information.
  • Plan — the service plan agreed with you: a one-time Setup Fee, a Monthly Fee billed in advance, a number of Included Minutes per month, a price per additional minute, and a Minimum Term. Your Plan's details are set out in the plan confirmation and payment page we send you, and in your dashboard.
  • Included Minutes — the call minutes covered by the Monthly Fee in each billing period. Unused Included Minutes do not carry over to the next period.
  • Usage Charges — charges for call minutes beyond the Included Minutes at your Plan's price per additional minute, plus telephony charges for calls to or from destinations outside your country. Usage Charges are paid from Credits.
  • Credits — a prepaid balance on your account used to pay Usage Charges.
  • Subprocessors — third-party service providers we use to deliver the Service (listed in our Privacy Policy).

2. The Service

Acastia is a managed service. We set up, configure, and operate AI agents for you that can make and receive phone calls and handle chat and messages, and we connect them to your phone number and to the customer management and communication tools agreed with you. You follow calls, results, and invoices in a web dashboard. The Service is delivered as software as a service and is subject to continuous improvement, updates, and occasional changes.

Our AI Agents say that they are AI. An AI Agent tells End Users that they are speaking with an AI assistant at the start of every call, in the language of the call; the website chat shows it next to the AI Agent's name; and the AI Agent answers honestly when asked. A greeting written by you must say so too. The only exception is a call that the End User starts from something you clearly label as AI, such as a "Call our AI agent" button, and only where we have set that up for you.

3. Your Account

We create your account when you order a plan. Each person who uses it must (a) be at least 18 years old and (b) be authorized by the Customer, and the person ordering the plan must have legal authority to bind the Customer. You must provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your credentials and all activity under your account. Notify us immediately of any unauthorized use.

We may refuse, suspend, or terminate accounts that violate these Terms, that we suspect of fraud or abuse, or whose Customer has been the subject of a chargeback, enforcement action, or credible complaint from an End User or regulator.

4. Plans, Fees & Billing

Your Plan's fees, Included Minutes, and price per additional minute are set out in your plan confirmation and payment page, in your dashboard, and on your invoices. All prices are exclusive of VAT and other applicable taxes unless otherwise stated. Prices are denominated in Danish kroner (DKK) or Euros (EUR).

Payment. The Setup Fee and the first Monthly Fee are paid in advance when you order the Plan. After that, the Monthly Fee is charged automatically in advance for each billing period to the payment method you provided (card, or SEPA Direct Debit for Plans in EUR) until the Plan ends. You receive an invoice for every payment.

Usage beyond the Plan. Call minutes beyond the Included Minutes, and telephony charges for calls abroad, are paid from Credits. You top up Credits in advance; automatic top-up can replenish your balance when it falls below a threshold (you can turn this off in your dashboard). If your Credits run out, calls beyond the Included Minutes may not be connected until you top up.

Failed payments. If a payment fails, we will attempt to collect it again; repeated failure may result in suspension of your AI Agents or termination (see Section 14).

Minimum Term and notice. Your Plan runs for a Minimum Term of 3 months from the start of the Service unless your plan confirmation states otherwise. After the Minimum Term it continues month by month, and either party may end it with one month's written notice to the end of a calendar month. A Plan cannot end before the Minimum Term has passed. Fees already paid are not refunded, unless required by mandatory law.

Changes to your Plan. We will notify you in writing before any change to your Plan's fees takes effect.

5. Consumer Right of Withdrawal (EU / Spain)

If you are a consumer (not acting in the course of a business, trade, or profession) resident in the EU, you have a statutory right to withdraw from a distance contract within 14 days of entering into it. However, by asking us to start setting up the Service during the withdrawal period, you expressly request that the Service begin before the withdrawal period expires and you acknowledge that, upon full performance or use of the digital service, you lose your right of withdrawal for amounts actually used. We comply with the Spanish Real Decreto Legislativo 1/2007 (Ley General para la Defensa de los Consumidores y Usuarios) and the EU Consumer Rights Directive (2011/83/EU).

6. Acceptable Use

You agree not to use the Service, and not to allow any person to use the Service through your account, for any of the following:

  • Any activity that is unlawful in the jurisdiction where the call is placed or received;
  • Calling recipients who have not provided the legally required prior consent under applicable law (including TCPA, GDPR, ePrivacy Directive, and national Do-Not-Call registries);
  • Contacting numbers registered on any national do-not-call or equivalent suppression list where such contact is prohibited;
  • Misrepresenting the identity of the AI Agent, your company, or the purpose of the call; instructing the AI Agent to claim or suggest that it is a human, or to deny or avoid saying that it is an AI when asked;
  • Harassment, hate speech, threats, fraud, scams, phishing, or any form of social engineering;
  • Automated dialing of emergency services, premium-rate numbers, or numbers you do not have lawful reason to contact;
  • Sexually explicit, political robocalls, or content that exploits minors;
  • Any use that violates applicable sanctions, export controls, or anti-money-laundering laws;
  • Attempting to reverse-engineer, decompile, or discover the source code of the Service;
  • Attempting to circumvent rate limits, quotas, or billing mechanisms;
  • Using the Service to build a competing product or to train machine-learning models that compete with Acastia.

Violations of this section may result in immediate suspension or termination of your account, forfeiture of pre-paid credits, and referral to competent authorities.

7. Customer Responsibilities & Warranties

You are solely responsible for, and you warrant to us that:

  • You will obtain all consents and authorizations required under applicable law before your AI Agent makes or receives a call, including consent to call and consent to process personal data;
  • You will comply with all applicable laws and regulations, including consumer protection, telemarketing, data protection (GDPR), advertising, and anti-fraud laws;
  • The information and content you provide to us or upload for your knowledge base, scripts, or configuration is accurate, legal, and does not infringe any third-party rights;
  • You will give End Users any other information that applicable law requires of you, such as how their personal data is processed, and where we leave the AI disclosure out of calls started from something you label as AI (Section 2), you will keep that label clear and visible;
  • You will review your AI Agents' calls and output in your dashboard, and promptly tell us about any inaccurate, unsafe, or non-compliant responses so that we can correct the configuration;
  • You are responsible for the acts and omissions of all users who access the Service through your account or your team.

8. Intellectual Property

We and our licensors own all rights in the Service, including its software, design, documentation, trademarks, and any improvements to it. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service during your Plan, subject to these Terms.

You own your Customer Data. You grant us a worldwide, non-exclusive license to host, process, transmit, display, and create technical modifications to your Customer Data solely as necessary to provide and improve the Service, and to comply with law.

We will not use the content of your calls, transcripts, or knowledge base to train generic AI models that are made available to other customers without your explicit consent. Aggregated, anonymized usage data may be used to operate and improve the Service.

9. Third-Party Services & Subprocessors

The Service relies on third-party providers for speech-to-text, text-to-speech, language models, real-time audio, telephony, payment processing, and infrastructure. A current list of subprocessors is maintained in our Privacy Policy. We are not responsible for the acts or omissions of subprocessors beyond what mandatory law requires of a data controller or processor, but we take reasonable care in selecting and monitoring them.

10. AI Output Disclaimer

AI Agents use large language models and other machine-learning systems that can produce incorrect, incomplete, biased, or unexpected outputs ("hallucinations"). We do not guarantee the accuracy, reliability, appropriateness, or legality of any statement, answer, commitment, price, or representation made by an AI Agent. You are responsible for verifying any material output before relying on it or allowing End Users to rely on it.

We configure your AI Agents on the basis of the information and instructions you give us. Nothing said by an AI Agent binds Acastia, and no statement of an AI Agent constitutes financial, legal, medical, or professional advice from Acastia.

11. No Performance or Business-Outcome Warranty

The Service is provided "AS IS" and "AS AVAILABLE". To the maximum extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, uninterrupted operation, and freedom from errors, viruses, or harmful components.

Without limitation, we do not warrant that:

  • AI Agents will achieve any particular business result (including sales, bookings, lead conversion, or retention rates);
  • The Service will be uninterrupted, error-free, or meet any specific response time or latency target, unless a separate written Service Level Agreement has been signed;
  • Voice quality, transcription accuracy, or language model output will meet any specific standard;
  • Any End User will be satisfied with, respond to, or act upon an AI Agent's output;
  • The Service will be compatible with any particular third-party integration, CRM, calendar, or phone number provider.

Some jurisdictions do not allow exclusion of implied warranties. Where such exclusion is not permitted, our warranties are limited to the minimum extent required by law.

12. Service Availability & Maintenance

We will make reasonable efforts to keep the Service available, but we do not guarantee any specific uptime unless agreed separately in writing. We may suspend the Service for planned maintenance, emergency fixes, security incidents, legal compliance, abuse investigation, or force majeure events. We will give reasonable notice of scheduled maintenance when practical.

13. Data Protection

Our processing of personal data is described in our Privacy Policy, which forms part of these Terms. Where we act as a data processor on your behalf (for example for call transcripts and the personal data of End Users), we process that data only on your documented instructions and only to provide the Service. Our Data Processing Agreement, which meets Article 28 GDPR and includes the European Commission's standard contractual clauses, forms part of these Terms and applies to every Customer.

Calls handled by AI Agents are not recorded. We keep transcripts and call details, as described in our Call Recording Disclosure. You are the data controller of that data; Acastia is the data processor. You are responsible for informing End Users about the processing of their personal data where applicable law requires it.

14. Suspension & Termination

By you. You may end your Plan as described in Section 4 (Minimum Term and notice).

By us. We may suspend or terminate your account, immediately and without refund of the current billing period, if: (a) you breach these Terms, (b) you fail to pay fees when due and fail to cure within a reasonable period, (c) we reasonably believe your use of the Service exposes us, our other customers, or third parties to legal, financial, or reputational risk, (d) we are required to do so by law or regulator, or (e) we discontinue the Service or a material feature (in which case we will provide reasonable notice).

Effect of termination. On termination, your access to the Service will cease. You may request an export of your Customer Data within 30 days of termination. After that period, we may delete your Customer Data in accordance with our retention schedule (see the Privacy Policy).

15. Indemnification

You will defend, indemnify, and hold Acastia, its affiliates, officers, employees, and agents harmless from and against any claim, demand, loss, damage, cost, or expense (including reasonable legal fees) arising out of or in connection with:

  • Your use of the Service in breach of these Terms;
  • Any claim brought by an End User, regulator, or other third party arising from a call made or received by an AI Agent you configured or operated, including claims of wrongful recording, unsolicited contact, defamation, misrepresentation, misleading pricing, or violation of consumer protection or telemarketing law;
  • Any content you upload to the Service that infringes a third party's intellectual property, privacy, or publicity rights;
  • Any failure by you to obtain consents or provide disclosures required by law.

We will notify you of any claim subject to indemnification and reasonably cooperate in the defense. You will not settle any claim affecting our rights without our prior written consent.

16. Limitation of Liability

To the maximum extent permitted by law, Acastia's total aggregate liability to you under or in connection with these Terms, whether in contract, tort (including negligence), or otherwise, will not exceed the total fees you paid us for the Service in the 12 months immediately preceding the event giving rise to liability, or €1,000, whichever is greater.

In no event will Acastia be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including loss of profits, loss of revenue, loss of business, loss of data, loss of goodwill, loss of opportunity, reputational harm, or the cost of substitute services, even if advised of the possibility of such damages.

Nothing in these Terms limits or excludes liability that cannot be limited or excluded by law, including liability for (a) death or personal injury caused by our negligence, (b) our fraud or fraudulent misrepresentation, or (c) any other liability that cannot be excluded under mandatory applicable law.

17. Force Majeure

Neither party is liable for delay or failure in performing obligations (except for payment obligations) due to events beyond its reasonable control, including natural disasters, war, terrorism, riots, government action, labor disputes, outages of upstream providers or internet infrastructure, cyberattacks, or pandemics.

18. Changes to the Service and the Terms

We may update these Terms from time to time. Material changes will be communicated to you by email or via the dashboard at least 30 days before they take effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms. If you do not agree, you may end your Plan with effect from the date the change takes effect, even during the Minimum Term, and request a pro-rata refund of any prepaid but unused Monthly Fee.

19. Confidentiality

Each party agrees not to disclose the other party's non-public business or technical information received under these Terms, and to use it only to perform its obligations or exercise its rights. This obligation does not apply to information that is or becomes publicly available through no fault of the receiving party, was lawfully known before disclosure, is independently developed without reference to the disclosing party's information, or must be disclosed by law.

20. Governing Law & Jurisdiction

These Terms are governed by the laws of Spain, excluding its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Any dispute arising out of or in connection with these Terms will be submitted to the exclusive jurisdiction of the courts of Málaga, Spain (Juzgados de Málaga), except that if you are a consumer resident in the EU, you may also bring proceedings in the courts of your country of residence, and any mandatory consumer protection provisions of your country of residence will apply.

21. General

  • Entire agreement. These Terms, together with the Privacy Policy, the Call Recording Disclosure and the Data Processing Agreement, constitute the entire agreement between you and us in respect of the Service and supersede all prior agreements.
  • Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms to an affiliate or in connection with a merger, acquisition, or sale of assets.
  • Severability. If any provision is held unenforceable, the remaining provisions remain in full force and effect.
  • No waiver. A failure to enforce a right is not a waiver of that right.
  • Notices. Legal notices to Acastia must be sent to legal@acastia.com and by registered mail to our registered address. We will send notices to you via the email address on your account.

22. Contact

If you have questions about these Terms, please contact us at legal@acastia.com.

Acastia · NIE: Y4337691C · Registered office: Calle Aulaga 2, 29639 Benalmadena, Spain.