Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the products and services provided by FAIRA PLATFORMS LTD (“Faira”, “we”, “us” or “our”).

By creating an account, subscribing to Faira, accessing our platform or using any Faira service, you agree to these Terms.

If you are using Faira on behalf of a business or organisation, you confirm that you have authority to bind that business or organisation to these Terms.

Faira provides technology that helps businesses capture, manage, respond to and convert customer enquiries and communications.

Depending on the service and configuration, Faira may provide:

• AI-powered voice agents
• telephone and voice communications
• WhatsApp communications
• Instagram messaging
• Facebook Messenger communications
• website chat
• customer enquiry management
• lead qualification
• appointment and booking workflows
• CRM integrations
• automated follow-up
• conversation transcription
• AI-generated responses
• workflow automation
• reporting and analytics

The specific services available to you will depend on your subscription, configuration and applicable order or commercial agreement.

You may use Faira only if:

• you are legally capable of entering into a binding agreement
• you are at least 18 years old, or otherwise have the legal capacity required to enter into the agreement in your jurisdiction
• you are authorised to use the Faira account or service

Faira is primarily designed for business use.

You are responsible for:

• providing accurate account information
• maintaining the confidentiality of your login credentials
• controlling access to your account
• ensuring that authorised users comply with these Terms
• maintaining appropriate account security
• notifying Faira promptly of suspected unauthorised access

You are responsible for activity carried out through your account unless caused by Faira's failure to maintain appropriate security.

If you use Faira to communicate with your own customers, prospects, patients, clients, members or other individuals, you are responsible for ensuring that your use of Faira complies with applicable law.

This includes responsibility for:

• determining the purposes for which personal data is processed
• establishing an appropriate lawful basis for processing
• providing appropriate privacy notices
• obtaining consent where required
• complying with marketing and telecommunications laws
• complying with call recording requirements
• configuring appropriate retention periods
• responding to data subject requests
• ensuring that information supplied to Faira is lawful to process
• ensuring that your use of automated decision-making complies with applicable law
• configuring appropriate human oversight
• ensuring that your communications are accurate and lawful
• obtaining any permissions required to connect third-party platforms

Where Faira acts as your data processor, our processing of personal data will also be governed by the applicable Data Processing Agreement.

Faira may allow you to connect third-party platforms and services, including:

• Meta
• WhatsApp
• Instagram
• Facebook and Messenger
• CRM systems
• booking and calendar systems
• telecommunications providers
• payment or billing systems
• other supported integrations

You are responsible for ensuring that:

• you have the authority to connect the relevant account
• you have the necessary permissions
• your use of the integration complies with the third party's terms
• you comply with applicable platform policies
• the information supplied to Faira through the integration may lawfully be processed

Third-party platforms may change, restrict or discontinue APIs or functionality.

Faira does not guarantee that any third-party integration will remain available indefinitely.

Where Faira provides integrations with Meta services, you agree to comply with the applicable Meta terms, policies and requirements.

This may include requirements applicable to:

• WhatsApp Business Platform
• Instagram messaging
• Facebook Pages
• Messenger
• Meta Business accounts
• Meta APIs
• other Meta technologies

You must not use Faira to circumvent Meta's policies, restrictions, rate limits, authentication requirements or other platform controls.

Faira may suspend or restrict a Meta integration where necessary to comply with Meta requirements or applicable law.

Meta is an independent third party and is not a party to your agreement with Faira unless expressly stated otherwise.

Faira may provide or facilitate voice and telecommunications services using third-party providers.

These may include:

• Twilio for UK, US and European telecommunications services
• Africa's Talking for telecommunications services in Nigeria and Kenya

Telephone numbers, call routing, voice audio, call metadata and related communications may therefore be processed through third-party telecommunications infrastructure.

Availability of telephone numbers and services depends on the relevant country, carrier, provider and regulatory requirements.

Faira does not guarantee uninterrupted availability of telecommunications services.

Some Faira services may allow calls to be recorded, transcribed or analysed.

If you configure Faira to record calls, you are responsible for:

• determining whether recording is lawful
• providing required notices
• obtaining required consent
• complying with telecommunications and interception laws
• determining appropriate retention periods
• ensuring that recording is used only for lawful purposes

Faira provides technology that may support call recording and related workflows but does not provide legal advice or guarantee that a particular configuration satisfies the laws of a particular jurisdiction.

Faira uses artificial intelligence as part of certain services.

AI may be used to:

• understand enquiries
• transcribe conversations
• classify interactions
• generate responses
• summarise conversations
• qualify leads
• assist with bookings
• recommend workflow actions
• execute configured workflow actions
• assist human operators

Faira may use third-party AI providers, including OpenAI, to provide these capabilities.

AI-generated information may be inaccurate, incomplete, inappropriate or outdated.

You are responsible for determining whether AI-generated information is suitable for your intended use.

You should not rely solely on Faira's AI output where errors could cause:

• legal consequences
• financial loss
• medical consequences
• safety risks
• regulatory consequences
• other significant harm

Where appropriate, you should provide human review and oversight.

Unless expressly agreed with Faira in writing, you must not use Faira's AI functionality as the sole basis for making decisions that produce legal or similarly significant effects on an individual.

Examples may include solely automated decisions concerning:

• employment
• credit
• insurance
• housing
• access to essential services
• healthcare
• education
• other areas protected by applicable law

Where you use Faira in a regulated or high-risk environment, you remain responsible for ensuring that your use complies with applicable law.

You must not use Faira to:

• violate applicable law
• infringe another person's rights
• impersonate another person or organisation unlawfully
• transmit malware or malicious code
• interfere with Faira's infrastructure
• attempt to gain unauthorised access
• circumvent security controls
• abuse telecommunications services
• send unlawful or unsolicited communications
• conduct fraud or deceptive practices
• harvest personal data unlawfully
• transmit content that you do not have the right to use
• circumvent third-party platform restrictions
• abuse Meta, WhatsApp, Twilio, Vapi, Africa's Talking or other provider policies
• generate or distribute unlawful content
• facilitate discrimination or unlawful profiling
• use Faira in a way that could reasonably expose Faira or a third-party provider to regulatory or legal risk

Faira may suspend or restrict accounts that violate these requirements.

If you use Faira to send marketing communications, you are responsible for complying with applicable laws and regulations.

This includes requirements relating to:

• consent
• opt-outs
• direct marketing
• telephone marketing
• SMS
• WhatsApp
• email
• automated calling
• do-not-contact or suppression lists

You must maintain appropriate records demonstrating your compliance where required.

Faira does not guarantee that your use of a particular communications channel is lawful merely because Faira technically enables that channel.

You retain ownership of content and data that you provide to Faira or process through Faira, subject to the rights necessary for Faira to provide the services.

You grant Faira a limited, non-exclusive right to process, transmit, store and otherwise use that content solely as necessary to:

• provide the services
• operate and secure the platform
• provide support
• prevent fraud and abuse
• comply with law
• perform other activities permitted by your agreement with Faira

Where Faira processes personal data on your behalf, the applicable Data Processing Agreement governs that processing.

Faira does not sell customer data.

Faira will not use customer personal data to train general-purpose AI models where such use is prohibited by the applicable customer agreement, product configuration or data protection requirements.

Where third-party AI providers are used, Faira will configure and contract for those services in accordance with the applicable provider terms and Faira's contractual commitments.

Faira and its licensors own all rights in:

• the Faira platform
• software
• interfaces
• workflows and workflow technology
• documentation
• trademarks
• designs
• branding
• underlying technology
• proprietary methods
• other Faira intellectual property

Except as expressly permitted under these Terms, you may not copy, modify, reverse engineer, decompile, distribute, sell, sublicense, lease or commercially exploit Faira's technology.

If you provide suggestions, ideas, feedback or recommendations regarding Faira, you grant Faira the right to use that feedback without restriction or compensation, provided that doing so does not disclose your confidential information.

Where Faira services are provided on a paid basis, applicable fees will be stated:

• during checkout
• in your subscription
• in an order form
• in a commercial agreement
• through other agreed pricing documentation

Unless otherwise agreed:

• fees are payable in accordance with the applicable billing arrangement
• subscriptions may automatically renew
• applicable taxes may be added
• usage-based services may incur additional charges
• unpaid amounts may result in suspension of services

Certain Faira services may be charged based on usage.

Examples may include:

• voice minutes
• telephone numbers
• messages
• AI usage
• API usage
• other consumption-based services

Usage calculations may rely on data supplied by Faira or relevant service providers.

Third-party telecommunications and AI providers may impose additional usage limits or charges.

Faira relies on third-party services to operate parts of its platform.

These may include:

• Amazon Web Services
• OpenAI
• Vapi
• Twilio
• Africa's Talking
• Meta
• WhatsApp
• other service providers

Third-party services may be subject to separate terms.

Faira is not responsible for failures caused by third-party services outside Faira's reasonable control.

Faira will use reasonable efforts to provide the services reliably.

However, we do not guarantee that:

• the services will always be available
• services will be uninterrupted
• services will be error-free
• AI outputs will always be accurate
• third-party integrations will remain available
• telecommunications services will always be available
• a particular commercial outcome will be achieved

Scheduled maintenance, emergency maintenance, third-party outages and other circumstances may affect availability.

Faira may suspend or restrict access to the services where reasonably necessary to:

• protect the security of the platform
• prevent fraud or abuse
• investigate suspected violations
• comply with law
• comply with third-party platform requirements
• comply with telecommunications requirements
• protect Faira or another party from harm
• address overdue payments

Where reasonably practicable, Faira will provide notice before suspension.

Immediate suspension may occur where necessary to address serious security, legal or regulatory risks.

You may terminate your Faira subscription in accordance with the applicable subscription or commercial agreement.

Faira may terminate or suspend services where:

• you materially breach these Terms
• you fail to pay applicable fees
• continued provision would violate applicable law
• continued provision would create material security or regulatory risk
• Faira discontinues the relevant service

Upon termination, your access to the relevant services may cease.

Data will be handled in accordance with the applicable retention and deletion provisions.

Each party may receive confidential information from the other.

Each party agrees to:

• protect confidential information
• use it only for purposes connected with the relationship
• disclose it only where authorised or legally required

These obligations do not apply to information that:

• is publicly available
• was already lawfully known
• is independently developed
• is lawfully obtained from another source

Faira processes personal data in accordance with applicable data protection law.

Our Privacy Policy explains how Faira processes personal data where Faira acts as a controller.

Where Faira processes personal data on behalf of a business customer, the applicable Data Processing Agreement governs the processing relationship.

The Data Processing Agreement and these Terms should be read together.

Faira maintains technical and organisational measures designed to protect customer information.

However, you are also responsible for:

• securing your account
• controlling user access
• protecting credentials
• configuring integrations appropriately
• maintaining appropriate security practices within your organisation

Further information is available in Faira's Security & Compliance documentation.

To the extent permitted by law, you agree to indemnify and hold harmless Faira and its officers, employees and contractors from claims, losses, liabilities and expenses arising from:

• your unlawful use of the services
• your breach of these Terms
• your violation of third-party platform terms
• your violation of applicable telecommunications or marketing laws
• content supplied by you
• your misuse of AI-generated information
• your processing of personal data in breach of applicable law

This section does not apply to the extent that the relevant claim resulted from Faira's own breach of applicable law or contractual obligations.

To the maximum extent permitted by law, Faira will not be liable for:

• indirect or consequential losses
• loss of profits
• loss of revenue
• loss of business opportunities
• loss of goodwill
• loss of anticipated savings
• losses arising from third-party services or telecommunications failures

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.

This includes liability for:

• death or personal injury caused by negligence
• fraud or fraudulent misrepresentation
• other liability that applicable law does not permit us to exclude or limit

For paid services, Faira's aggregate liability will be limited to the amount paid or payable by the customer to Faira during the applicable period specified in the relevant commercial agreement, subject to applicable law.

Where no specific period is stated, the limitation will generally be based on fees paid during the twelve months preceding the event giving rise to the claim.

Faira provides technology and software.

Faira does not provide:

• legal advice
• medical advice
• financial advice
• insurance advice
• telecommunications regulatory advice
• other professional advice

You are responsible for obtaining appropriate professional advice where required.

Faira may modify or improve the services from time to time.

This may include:

• adding functionality
• removing functionality
• changing interfaces
• changing integrations
• updating AI models
• changing third-party providers
• modifying technical infrastructure

Where a material change substantially reduces the functionality of a paid service, Faira will take reasonable steps to notify affected customers where appropriate.

We may update these Terms from time to time.

Where changes are material, we will take reasonable steps to notify customers.

Your continued use of the services following the effective date of updated Terms constitutes acceptance of the revised Terms, to the extent permitted by law.

These Terms and any dispute arising from them are governed by the laws of England and Wales, unless applicable law requires otherwise.

The courts of England and Wales will have jurisdiction over disputes arising from these Terms, subject to any mandatory rights you may have under applicable law.

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in effect.

Failure to enforce a provision does not constitute a waiver of that provision.

You may not transfer your rights or obligations under these Terms without Faira's prior written consent, except where permitted by applicable law.

Faira may transfer its rights and obligations as part of a merger, acquisition, restructuring, financing, sale of assets or similar transaction.

These Terms, together with any applicable order form, subscription terms, Data Processing Agreement and other expressly incorporated documents, constitute the agreement between you and Faira regarding the relevant services.

If you have questions about these Terms or the Faira services, contact:

Company

FAIRA PLATFORMS LTD

Company number

17059377

Registered office

2 Guthrum Court, 1 Cavendish Square, London, England, E16 2XN

Email

compliance@getfaira.com