Terms and Conditions of Sale and Use
This English version is provided for convenience. In the event of any discrepancy, the French version prevails.
Article 1 — Purpose
These Terms and Conditions of Sale and Use set out the conditions under which the Service Provider makes the Xenaos Platform and the associated Services available to the Client. They apply exclusively to business-to-business relationships. By subscribing, the Client declares that it is acting for business purposes.
Article 2 — Description of the services
Xenaos is a SaaS solution of AI assistants: a voice agent (Sophia), a management application (Cockpit) and an assistant for teams (Pocket). Depending on the plan chosen, the services may include: answering inbound calls, outbound calls, written answers on the customer’s website (widget), qualification, appointment booking, call transfer, sending confirmations and reminders, playbooks, integrations, the management application, onboarding and support.
The plans offered are Flex, Start, Pro, Business and Pocket only. The content of each plan (included minutes, number of seats, Pocket level, SMS reminders, features) is as described on the Pricing page of the website on the date of subscription. Each seat gives use of Cockpit (in an essential version with the Flex plan) and, from the Start plan upwards, of Pocket.
Article 3 — Subscription and guarantee
Subscription is reserved for professionals. Xenaos offers a 30-day money-back guarantee on the subscription: if the Client is not satisfied within 30 days of go-live, the Client may request, without giving any reason, a full refund of the first month’s subscription on monthly billing, or of the amount paid for the year on annual billing. The request ends the subscription. Any set-up fees are separate and non-refundable once configuration has begun.
Article 4 — Financial terms
Prices are stated in euros excluding tax. They are those shown on the Pricing page on the date of subscription, in particular:
- Flex: monthly subscription including 60 call minutes, plus each minute handled by Sophia beyond those 60 minutes, plus a one-off set-up fee
- Start, Pro and Business: subscription including a volume of minutes and a number of seats; set-up is included
- Additional seat: €49 excl. VAT per month per person, on all plans
- Pocket only: €79 excl. VAT per month for 1 user, then €49 excl. VAT per additional user; beyond 10 users, a volume discount may be offered on quotation
- SMS reminders: Pro includes 100 SMS per month and Business 300; beyond that, each SMS is charged €0.15 excl. VAT
- Sophia on the customer’s website (written answers): Pro includes 300 conversations per month and Business 1,000; beyond that, each conversation is charged €0.25 excl. VAT. A conversation is counted as soon as the visitor writes a message in the chat window; it lasts up to 30 minutes and does not count towards call minutes
Included minutes, SMS and conversations apply to the current month and do not roll over. Minutes beyond the allowance, SMS and conversations beyond the quota and additional seats are invoiced at the end of the month at the rate of the subscribed plan. On annual billing, the subscription is payable in advance and one month in twelve is free. Applicable VAT is added to prices excluding tax: Luxembourg VAT for customers established in Luxembourg, and reverse charge by the Customer for businesses established in another EU Member State with a valid VAT number. Any late payment may result in suspension of access after a notice that has remained unheeded, as well as a fixed recovery fee of €40.
Article 5 — Term, plan changes and termination
The monthly subscription carries no commitment: it renews automatically each month and may be terminated at any time, with termination taking effect at the end of the current paid period. The annual subscription is taken out for a fixed term of 12 months; it renews for 12 months at the end of the term, unless the Client gives notice of termination before the renewal date. The Client may change plan at any time, from Cockpit (My plan) or in writing; the new plan applies as soon as it is activated. For the Flex, Start and Pro plans billed monthly, the Client may enable the “automatic switch to the best plan” in Cockpit: as soon as the minutes used in the period make the next plan up cheaper than the current plan, the subscription moves to that higher plan, with the subscription difference billed pro rata for the remaining days. All minutes in the period are then counted under the new plan. The Client is informed by email. No plan is ever reduced automatically; the Client may disable this option and ask to return to the previous plan, effective from the next period.
Article 6 — Client obligations
- Use the Services in compliance with applicable laws, in particular those governing telephone prospecting
- Hold the rights and consents necessary to contact its customers and prospects
- Correctly configure its business information and knowledge bases
- Not attempt to circumvent security or resell the Platform
Article 7 — Artificial intelligence
Output generated by artificial intelligence may contain errors or approximations. The Client remains responsible for configuring and supervising communications. The Service Provider recommends human validation for sensitive cases.
Article 8 — Liability
The Service Provider’s total liability is limited to the amount paid by the Client in respect of the three months preceding the event giving rise to the claim. The Service Provider shall not be liable for indirect damage.
Article 9 — Payment
Subscriptions and fees are paid by card or direct debit via Stripe, on subscription and then on each due date. Amounts invoiced at the end of the month are payable on receipt of the invoice. Any late payment automatically bears late-payment interest at the rate set by the Luxembourg law of 18 April 2004 on payment terms and late-payment interest, in addition to the fixed €40 recovery fee provided for in Article 4.
Article 10 — Personal data
For the data of its customers and prospects processed through the Platform, the Client is the controller and Xenaos the processor. This processing is governed by the data processing agreement (DPA), which forms an integral part of these terms. Calls are not recorded; Cockpit keeps a summary and a transcript.
Article 11 — Confidentiality
Each party keeps confidential any non-public information received from the other party during the contract and for two years after it ends.
Article 12 — Availability and force majeure
The Service Provider uses reasonable means to keep the Platform available, without guaranteeing continuous availability: interruptions may occur for maintenance or because of telephony, hosting or artificial intelligence providers. Neither party is liable for a failure caused by force majeure within the meaning of Luxembourg law and case law.
Article 13 — Termination for breach
If a party commits a serious breach that is not remedied within 30 days of formal written notice, the other party may terminate the contract automatically, without prejudice to any damages.
Article 14 — Changes to these terms
The Service Provider may amend these terms. The Client is informed by e-mail at least 30 days before they take effect and may, if it disagrees, terminate its subscription at no cost before that date.
Article 15 — Governing law
These Terms are governed by Luxembourg law. Failing an amicable settlement, the courts of Luxembourg City shall have exclusive jurisdiction.