Terms and Conditions  

Effective Date: 1st of March 2025

Welcome to Triviat! These Terms and Conditions (“Terms”) govern your access to and use of our website and services, including our SaaS platform of human-like, AI-powered phone calls and chats (“Services”). By accessing, browsing, or using our Services, you agree to comply with these Terms. If you do not agree to these Terms, you must cease using our Services immediately.

 1. Definitions  

For the purposes of these Terms:

  • “Triviat” refers to Triviat Services B.V., the provider of the Services.
  • “User”/”Client” refers to any individual or entity accessing or using the Services.
  • “Third-Party Services” refers to external services integrated into Triviat’s platform or used by it.

2. Scope of Services  

2.1. Subscription Model:
Triviat operates on a subscription basis, with subscription periods of month and above. Clients can choose from various subscription plans, each offering different features and limits. Optional add-ons, such as packages of minutes or enhanced features, can be purchased for an additional fee or be included in the subscription plan. Current state of subscription models, with pricing and a comprehensive list of features and limits is always available at the website.

2.2. Service Evolution:
Triviat continually evolves its platform and reserves the right to modify, suspend, or discontinue any aspect of the Services at its sole discretion, as well as amend content and pricing of subscription packages. Users will be dully notified of material changes through our website or other communication channels.

3. Data Processing  

3.1. Data We Process:

  • Client Data: Personal data provided by our direct clients during account registration or usage of our Services.
  • Clients’ Client Data: Personal data of individuals interacting with our clients through the platform (e.g., customers of our clients).
  • Third-Party Data: Personal data provided by clients as part of chatbot training, configurations, or other processes.

3.2. Data Protection Compliance:
Triviat processes personal data in accordance with applicable data protection laws, including but not limited to GDPR and other applicable legislation. By using our Services, you confirm that you have obtained necessary consents and legal bases for providing any third-party personal data to Triviat.

3.3. Data Security:
We implement appropriate, state-of-the-industry technical and organizational measures to protect personal data from unauthorized access, alteration, disclosure, or destruction. However, no system is completely secure, and we cannot guarantee absolute security.

4. Third-Party Services

4.1. Integrated Services:
Triviat relies on third-party service providers to ensure the quality, functionality, and efficiency of its platform. These third-party services include, but are not limited to:

  • Twilio: Utilized for IP telephony traffic to enable seamless communication functionality for our users.
  • Eleven Labs: Integrated for AI-generated voice capabilities, enhancing the voice interaction features of our platform.
  • OpenAI: Provides the foundational language model that powers the chatbot functionalities and natural language processing features.

Please refer to websites and terms and conditions of said services for more information about their nature, content, limitations, including limitation of liability.

4.2. Future Third-Party Service Providers:
As Triviat evolves, we may replace current third-party providers or integrate additional third-party services to enhance or expand the features of our platform. We will make reasonable efforts to notify clients of significant changes to third-party providers via updates on our website or other communication channels.

4.3. Client Responsibility for Third-Party Services:
You acknowledge that Triviat does not own or control these third-party services. By using our platform, you agree to comply with the terms and conditions of these third-party service providers. Clients are responsible for understanding how third-party services process data and for ensuring compliance with applicable laws and regulations when utilizing such services in conjunction with the Triviat platform.

4.4. Data Sharing with Third-Party Services:
To provide our Services, Triviat may share certain data with third-party service providers. Such data sharing is conducted strictly for the purpose of providing or improving our Services. By using our platform, you authorize Triviat to share data with third-party service providers as necessary to fulfill the functionality of our platform.

4.5. Third-Party Service Limitations:
While Triviat carefully selects and partners with reputable third-party providers, we cannot guarantee the uninterrupted availability, security, or performance of these services. Any interruptions or breaches occurring within third-party services are outside Triviat’s control.

5. Payment and Fees

5.1. Subscription Fees:
Clients agree to pay all subscription and additional service fees as specified during the purchase process. Failure to pay may result in non-start, suspension or termination of Services.

5.2. Billing:
All fees are billed in advance on a monthly basis unless otherwise agreed. By providing payment details, you authorize Triviat to process payments through the provided payment method.

5.3. Refund Policy:
Fees are non-refundable, except as required by applicable law. In case of disputes, clients may contact our support team for resolution.

6. Intellectual Property

6.1. Ownership:
All content, trademarks, software, and other intellectual property on the Triviat platform are the sole property of Triviat or its licensors. Unauthorized use of any intellectual property is strictly prohibited.

6.2. License to Use:
Subject to these Terms, we grant Users a limited, non-exclusive, non-transferable license to use our Services for their intended purpose.

7. Limitations of Liability  

7.1. General Exclusion of Liability:
To the fullest extent permitted by law, Triviat and its affiliates, directors, employees, or agents shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, or goodwill, arising from:

  • The use or inability to use our platform or Services.
  • Errors, defects, or inaccuracies within the Services.
  • Failures or interruptions in connectivity or functionality caused by third-party service providers.
  • Unauthorized access, tampering, or misuse of data transmitted to or from our platform.

7.2. Third-Party Service Issues:
Triviat does not warrant or accept liability for the reliability, security, or performance of third-party services integrated with our platform. You acknowledge that issues arising from third-party services, such as downtime, security breaches, or inaccuracies, are not the responsibility of Triviat.

7.3. Data Provided by Users:
Triviat is not liable for any breaches, errors, or damages resulting from the provision of inaccurate, incomplete, or unauthorized personal data by our clients or their users. Clients bear full responsibility for ensuring that any data shared with Triviat, or processed through our platform, complies with applicable laws and regulations.

7.4. Limit of Financial Liability:
In no event shall Triviat’s aggregate liability exceed the total amount paid by the client to Triviat within the twelve (12) months preceding the claim. This limitation applies regardless of the legal theory on which the claim is based.

7.5. Indemnification:
You agree to indemnify, defend, and hold harmless Triviat and its affiliates from any claims, liabilities, damages, losses, or expenses arising out of:

  • Your violation of these Terms.
  • Your use of the Services.
  • Your failure to comply with applicable laws or regulations.
  • Issues arising from third-party data provided by you.

8. Termination of Services  

Triviat reserves the right to suspend or terminate your access to the Services in cases of:

  • Violation of these Terms.
  • Non-payment of fees.
  • Unlawful or unauthorized use of our platform.

Upon termination, your access to the Services will cease, and Triviat retains the right to delete all related data.

 9. Amendments to Terms  

Triviat may amend these Terms at its discretion. Users will be notified of changes via our website or direct communication. Continued use of the Services signifies acceptance of the revised Terms.

10. Governing Law and Dispute Resolution
These Terms shall be governed by and interpreted in accordance with the laws of the Netherlands. Any disputes arising out of these Terms will be resolved through arbitration or the courts of the governing jurisdiction.

11. Contact Information
For inquiries regarding these Terms, please contact us at:
Email: [email protected]