Terms of Service

1. Who We Are and Acceptance of Terms

These Terms of Service ("Terms") are a binding agreement between you ("you", "Customer") and Nairon GmbH, Rothausstrasse 1, 8280 Kreuzlingen, Switzerland (UID: CHE-308.568.524) ("Nairon", "we", "us", or "our").

By accessing or using our website, platform, or services (the "Services"), creating an account, or signing an order form referencing these Terms, you agree to be bound by these Terms. If you do not agree, do not use the Services.

If you use the Services on behalf of an organization, you confirm that you are authorized to bind that organization, and "you" refers to that organization.

2. Services

Nairon provides AI-powered voice agents and related customer communication, telephony, and automation tools, together with supporting dashboards and APIs.

We may update, improve, or modify Service features over time to maintain performance, security, reliability, and legal compliance. We will not materially reduce the core functionality of a paid plan during a paid term without offering a comparable alternative.

3. Eligibility and Accounts

You must be at least 18 years old (or the age of majority where you live) and capable of entering into a binding contract to use the Services.

You are responsible for keeping your account credentials confidential and for all activity under your account. You agree to provide accurate information and to notify us promptly of any unauthorized use or security incident.

4. Acceptable Use

You must not misuse the Services, including by violating laws, infringing third-party rights, reverse engineering or circumventing protected systems, or attempting unauthorized access.

You must not use the Services to place unlawful, fraudulent, deceptive, or abusive calls, to send unsolicited communications in breach of applicable telecommunications or marketing law, or to process content or personal data you are not authorized to handle.

You are responsible for obtaining any consents and providing any notices required by law (including call-recording and data protection notices) before using the Services to interact with your end customers.

5. Customer Content and Data

You retain all rights to the content, data, prompts, knowledge sources, and recordings you provide or generate through the Services ("Customer Content"). You grant us a limited license to host, process, and transmit Customer Content as needed to provide and support the Services.

Where we process personal data on your behalf as a processor, our Data Processing Agreement applies and forms part of these Terms. You act as the controller and are responsible for the lawfulness of the data you provide.

6. Fees, Subscriptions and Refunds

Paid plans and usage-based Services are billed under the pricing agreed with Nairon. Unless stated otherwise, subscription fees are charged in advance and recurring subscriptions renew automatically for successive periods of equal length until cancelled. Usage and overage charges are billed in arrears.

You may cancel a recurring subscription at any time through your account or by contacting us; cancellation takes effect at the end of the current billing period, and you retain access until then.

Except where mandatory law requires otherwise, all fees are non-refundable, and we do not provide refunds or credits for partial periods, unused subscription time, or unused prepaid credits. Any refund granted outside mandatory law is at our sole discretion and does not create an obligation to grant further refunds. See our Refund Policy for more detail.

Consumers in the EU/EEA may have a statutory 14-day right of withdrawal for distance contracts. By requesting that we begin providing a digital service before the end of this period, an eligible consumer agrees that the withdrawal right is lost once performance has started, to the extent permitted by law.

Fees are exclusive of taxes (such as VAT) unless stated otherwise. We may change prices for future billing periods with reasonable advance notice; if you do not accept a price change, you may cancel before it takes effect.

7. Intellectual Property

Nairon and its licensors retain all rights to the Services, software, models, branding, and related materials. No rights are granted except as expressly set out in these Terms.

Subject to your compliance with these Terms, we grant you a non-exclusive, non-transferable right to access and use the Services during your subscription term.

8. Third-Party Services

The Services may integrate with or rely on third-party services (such as telephony carriers, payment processors, and AI model providers). Your use of those services may be subject to their own terms, and we are not responsible for their acts or omissions.

9. Confidentiality and Data Protection

Each party agrees to protect the other party’s confidential information and to use it only for purposes permitted under these Terms.

We process personal data in accordance with our Privacy Policy, the Swiss Federal Act on Data Protection (FADP), and, where applicable, the EU General Data Protection Regulation (GDPR).

10. Disclaimers

The Services are provided on an "as is" and "as available" basis. AI-generated output may be inaccurate or incomplete, and you are responsible for reviewing its suitability for your use.

To the extent permitted by law, we disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement.

11. Limitation of Liability

To the maximum extent permitted by law, Nairon is not liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data.

Our total aggregate liability arising out of or related to the Services is limited to the amounts paid by you to Nairon for the affected Services in the twelve (12) months preceding the event giving rise to the claim.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable mandatory law, including liability for unlawful intent or gross negligence.

12. Term and Termination

You may stop using the Services at any time. Either party may terminate for material breach that remains uncured after a reasonable notice period.

We may suspend or terminate access where required by law, to address a security risk, or for non-payment. Provisions that by their nature should survive termination (including fees due, confidentiality, intellectual property, disclaimers, and limitations of liability) will remain in effect.

13. Changes to These Terms

We may update these Terms to reflect legal, operational, or product changes. When changes are material, we will provide reasonable notice through the Services or by email.

Your continued use of the Services after changes take effect constitutes acceptance of the updated Terms.

14. Governing Law and Jurisdiction

These Terms are governed by the substantive laws of Switzerland, excluding its conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG).

The exclusive place of jurisdiction for any dispute arising out of or in connection with these Terms is Kreuzlingen, Canton of Thurgau, Switzerland, subject to any mandatory place of jurisdiction that protects consumers under applicable law.

15. Contact

Nairon GmbH, Rothausstrasse 1, 8280 Kreuzlingen, Switzerland.

For legal questions about these Terms, contact us at [email protected].