Terms of Service

1. Definitions

• "Galvaniq", "we", "us", "our" — Galvaniq Group, the operator of IVAR
• "IVAR" — the WhatsApp AI receptionist platform, including all software, APIs, and dashboards
• "Client" — a business or individual who creates an IVAR account to use the service
• "End-customer" — a WhatsApp user who interacts with a Client's IVAR-powered number
• "You" — the Client, including any authorised users of the Client's account
• "Content" — all data, text, and information submitted to or generated by IVAR

2. The service

IVAR provides WhatsApp AI automation for businesses, including but not limited to: AI-generated responses to WhatsApp messages, lead qualification, appointment booking via Google Calendar, handover alerts, and a management dashboard.

IVAR operates over WhatsApp Business Cloud API (provided by Meta Platforms) and uses OpenAI's API to generate AI responses. Availability and features may depend on third-party providers outside our control.

We reserve the right to modify, suspend, or discontinue features of the service at any time with reasonable notice to active Clients.

3. Accounts and eligibility

• You must be at least 18 years old to create an account
• You must have authority to act on behalf of the business if registering on behalf of a company
• You are responsible for maintaining the security of your login credentials
• You must not share login credentials with unauthorised individuals
• You must notify us immediately at hello@galvaniq.com if you believe your account has been compromised
• One account may only be used for one WhatsApp Business number unless you purchase a plan that explicitly allows multiple numbers

4. Acceptable use

You agree not to use IVAR to:

• Send spam, unsolicited messages, or bulk promotional messages in violation of WhatsApp's policies
• Harass, threaten, or deceive end-customers
• Impersonate another business or person
• Collect or process personal data in violation of applicable privacy laws (POPIA, GDPR, etc.)
• Engage in any illegal activity, including fraud, phishing, or money laundering
• Attempt to reverse-engineer, decompile, or copy IVAR's software
• Access IVAR in ways that circumvent usage limits or billing
• Use IVAR for any purpose that violates Meta's WhatsApp Business Policy

Violation of these terms may result in immediate account suspension without refund.

5. Subscriptions and billing

5.1 Plans

IVAR is sold on a subscription basis. Current plans and pricing are available at ivar.ai/#pricing. Prices are in USD unless stated otherwise and are exclusive of applicable taxes.

5.2 Billing

Subscriptions are billed monthly or annually depending on your chosen plan. Payment is charged at the start of each billing period. We support card payments via Stripe and local payments via Paynow.

5.3 Free trial

Where offered, free trials are for new accounts only and may not be combined with other promotions. We reserve the right to modify or discontinue free trial offers at any time.

5.4 Cancellation and refunds

You may cancel your subscription at any time from your dashboard. Cancellation takes effect at the end of the current billing period — you retain access until then. We do not offer pro-rated refunds for partial months unless required by applicable consumer protection law.

5.5 Non-payment

If payment fails, we will attempt to charge the payment method on file up to three times over 7 days. If payment remains outstanding, the account may be suspended. Data is retained for 30 days after suspension to allow for payment resolution before deletion.

6. Your data

You retain ownership of all data you submit to IVAR, including business configuration, conversation history, and customer data. You grant Galvaniq a limited licence to process this data solely for the purpose of providing the IVAR service.

You are the data controller for your end-customers' personal data. You are responsible for:

• Having a lawful basis for processing end-customer data via IVAR
• Providing end-customers with appropriate privacy notices
• Honouring end-customer data deletion requests (IVAR provides tools to assist with this)
• Complying with POPIA, GDPR, and any other applicable data protection laws in your jurisdiction

Our full Privacy Policy at galvaniq.com/privacy governs how we process data as your data processor.

7. Intellectual property

IVAR, its software, dashboards, branding, and all original content is owned by Galvaniq Group and protected by copyright and intellectual property laws. Nothing in these Terms transfers ownership of our intellectual property to you.

You retain ownership of your business configuration, custom AI prompts, and customer data. You grant us permission to use aggregated, anonymised usage statistics to improve our service.

If you provide feedback or suggestions about IVAR, you grant us an irrevocable, royalty-free right to use that feedback in any way.

8. Third-party services

IVAR integrates with third-party services including Meta WhatsApp Business API, OpenAI, Google Calendar, Stripe, and others. Use of these services is subject to their own terms:

• Meta WhatsApp Business Policy
• OpenAI Terms of Service
• Google API Terms of Service
• Stripe Services Agreement

We are not responsible for the availability, content, or policies of third-party services. Disruptions to third-party services (including Meta or OpenAI outages) do not constitute a breach of these Terms by Galvaniq.

8.1 Google Calendar integration

If you connect Google Calendar, you authorise IVAR to access your Google Calendar to check availability and create/manage appointments on your behalf. You can revoke this access at any time. See our Privacy Policy Section 4 for full details of how Google data is handled.

9. Disclaimers

AI-generated responses are produced by large language models and may contain inaccuracies. You are responsible for reviewing AI responses that relate to significant business decisions, medical advice, legal advice, or financial advice. Do not rely solely on AI-generated content for critical decisions.

IVAR is not a licensed medical, legal, or financial service provider. Nothing in the service constitutes professional advice in these domains.

10. Limitation of liability

To the maximum extent permitted by applicable law, Galvaniq's total liability to you for any claims arising from or related to the use of IVAR shall not exceed the total amount you paid us in the three (3) months preceding the claim.

We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, loss of data, loss of customers, or business interruption, even if we have been advised of the possibility of such damages.

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded by law.

11. Indemnification

You agree to indemnify, defend, and hold harmless Galvaniq Group and its officers, directors, employees, and contractors from any claims, losses, damages, and expenses (including legal fees) arising from:

• Your use of IVAR in violation of these Terms
• Your violation of any applicable law or regulation
• Your violation of any third party's rights (including WhatsApp's terms and your end-customers' privacy rights)
• Any content or data you submit to IVAR

12. Termination

Either party may terminate these Terms at any time:

• You may cancel your account from the dashboard at any time
• We may suspend or terminate your account immediately for violations of Section 4 (Acceptable Use), for non-payment, or if required by applicable law or Meta's WhatsApp policies
• We may terminate the service with 30 days' notice to all Clients if we decide to wind down IVAR

Upon termination, your access to IVAR will cease. Your data will be retained for 30 days, then deleted, unless a longer retention period is required by law. You may request an export of your data before deletion by emailing hello@galvaniq.com.

Sections 6, 7, 9, 10, 11, and 13 survive termination.

13. Governing law

These Terms are governed by the laws of Zimbabwe. Any disputes shall first be attempted to be resolved through good-faith negotiation. If a dispute cannot be resolved within 30 days, it shall be submitted to binding arbitration in Harare, Zimbabwe, unless you are a consumer located in a jurisdiction with mandatory consumer protection laws that provide otherwise.

For Clients based in South Africa, POPIA obligations are governed by South African law.

14. Changes to these terms

We may update these Terms from time to time. We will notify active Clients by email at least 14 days before material changes take effect. The "Last updated" date at the top of this page always reflects the most recent version.

Continued use of IVAR after the effective date constitutes acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using IVAR and cancel your account.

15. Contact