Terms of Service
Effective Date: December 11, 2025
1. Identity & Company Details
The services described herein are provided by David Paulos Da Fonseca (trading as "Solfaia"), an Entreprise Individuelle established in Luxembourg.
VAT / TVA Number: LU31854716
Contact: contact@solfaia.com
2. Services & Setup Fees (Non-Refundable)
Solfaia provides AI-driven communication agents. The "Setup Fee" covers the custom engineering, prompting, and integration labor required to launch your specific agent. Due to the customized labor involved and/or the utilization of government digitalization subsidies, the Setup Fee is non-refundable once the onboarding process has commenced.
3. Fixed Monthly Fee (Platform & Support)
The Monthly Fee (sometimes referred to as the Platform/Support Fee) is a fixed recurring charge that covers the license for the Solfaia software, maintenance, hosting of the AI agent model, and technical support. This fee is purely for platform access and service delivery and does not include any variable usage costs.
- Flexibility: The monthly service is non-binding. You may cancel your subscription at any time.
- Notice Period: Cancellations must be requested via email to cancel@solfaia.com at least 7 days (one week) before your next billing renewal date to avoid being charged for the subsequent month.
- Reactivation Fee: If a subscription is cancelled and you wish to reactivate the service later, a €500 Reactivation Fee will apply to re-deploy your instances.
- Seasonal Exception: Businesses with a pre-approved "Seasonal Plan" are exempt from the Reactivation Fee during agreed off-season pauses.
4. Variable AI Usage Costs & Abuse Policy
The Client is responsible for all costs generated by the AI’s operation and interaction with third-party providers. These costs are variable and are billed separately from the Fixed Monthly Fee.
- Definition: Variable AI Usage Costs include, but are not limited to, fees charged by Large Language Model (LLM) providers, telephony network carriers (per minute), SMS and WhatsApp business API fees (per message), and related data processing costs.
- Billing: Solfaia will pass through these Variable AI Usage Costs to the Client, often with an administrative fee to cover billing and monitoring overhead. The total usage cost will be invoiced monthly in arrears.
- Abuse Protection & Limits: To protect against malicious activity (e.g., Denial of Service attacks) and excessive, non-productive usage that may compromise platform stability or incur extreme charges, Solfaia reserves the right to implement technical Rate Limits on the volume of calls, messages, or other interactions originating from a single source or within a specific time window.
- Suspension: Accounts generating excessively high variable costs due to suspected abuse or technical misconfiguration may be temporarily suspended without notice until the issue is resolved and a solution is implemented.
5. Service Availability & Fallback
Solfaia strives for 99.9% uptime. However, services rely on third-party providers (internet service providers, LLM providers, telephony networks). Manual Fallback Protocol: In the unlikely event of a service outage, the Client agrees to revert temporarily to their manual operational systems (e.g., answering phones manually). Solfaia is not liable for business lost during downtime caused by third-party failures.
6. Limitation of Liability (AI Disclaimer)
AI Behavior: The Client acknowledges that the Service utilizes Artificial Intelligence. While optimized for accuracy, the AI may occasionally generate incorrect or "hallucinated" responses. Liability Cap: David Paulos Da Fonseca (Solfaia) shall not be liable for any indirect, incidental, or consequential damages (including lost profits or missed bookings) arising from the AI’s performance. The Client retains full responsibility for verifying critical data processed by the AI.
7. Governing Law
These terms are governed by the laws of the Grand Duchy of Luxembourg. Any disputes shall be settled in the courts of Luxembourg City. By using the Service, international clients acknowledge that while the Service is offered worldwide, this legal agreement is governed exclusively by the laws of the Grand Duchy of Luxembourg.