Terms of Service

1. The service

gexep is a cloud service for businesses and professionals. The features available depend on the plan purchased (gexep Free, Starter, Growth or Pro), as described on the pricing page. We may improve and change the features of the service; if a change substantially reduces a paid plan, we will give you reasonable notice.

2. Account and sign-up

• You must be of legal age and authorised to bind the company you represent.
• Sign-up details must be accurate and kept up to date.
• You are responsible for keeping credentials safe and for all activity carried out with your organisation's accounts. Tell us immediately at admin@gexep.com if you detect unauthorised use.
• The admin user may create other users within the plan limits and is responsible for ensuring they comply with these Terms.

3. Free trial

• When you sign up you get a free 7-day trial of the gexep Growth plan, with no credit card required.
• During the trial you are assigned a gexep phone number to test the service. The number belongs to gexep and is made available to you while your account is active.
• When the trial ends, the account automatically switches to the gexep Free plan, at no charge. Your data is kept, but features and limits become those of gexep Free: usage above those limits (users, automations, numbers, tokens, campaigns, etc.) may be restricted or disabled.
• You can upgrade to a paid plan at any time from the Billing section.
• Only one trial per company is allowed. We may cancel trials created abusively or fraudulently.

4. Plans, pricing and payment

• Paid plans are billed in advance, monthly or annually, through our payment provider (Stripe). Prices are shown excluding taxes unless stated otherwise; applicable taxes will be added to the invoice.
• Subscriptions renew automatically at the end of each period until you cancel. Cancellation takes effect at the end of the period already paid and does not entitle you to partial refunds, unless the law provides otherwise.
• Each plan includes a monthly amount of AI tokens. Unused included tokens do not roll over to the next month. You can buy additional token packs.
• Additional phone numbers and telephony usage may have their own costs, shown before you buy them.
• If a payment fails, we will notify you and open a grace period. If payment is not made within that period, we may suspend the account.
• We may change prices with at least 30 days' notice; the new price will apply from the next renewal.

5. Acceptable use

The Customer is responsible for its use of the service and agrees to comply with applicable law. In particular, it is forbidden to:

• Make unsolicited calls or campaigns without the required legal basis, call people registered on do-not-call lists, or breach telemarketing and consumer protection rules.
• Spoof the identity or caller ID of calls, or use the service for fraud, phishing, harassment or unlawful content.
• Record or analyse calls without informing the other party where the law requires it. The Customer must disclose recording and, where applicable, that the person is talking to an AI agent.
• Attempt unauthorised access to other systems or accounts, overload the platform, or reverse engineer the service.
• Resell the service without a written agreement with gexep.

Emergency calls: gexep is not a traditional telephone service and does not guarantee calls to emergency numbers. It must not be relied on to contact emergency services.

6. Customer data and data processing

• The Customer retains ownership of the data and content it enters or generates in gexep (contacts, recordings, transcriptions, flows, etc.) and grants gexep a limited licence to process them solely to provide the service.
• For personal data in that content, the Customer is the controller and gexep acts as processor under Article 28 GDPR: it processes data only on the Customer's documented instructions, under confidentiality and with appropriate security measures, uses the sub-processors listed in the Privacy Policy, helps the Customer respond to data subject requests and, when the service ends, deletes or returns the data.
• The Customer warrants that it has a legal basis to process the data it uploads to gexep and to make the calls and campaigns it configures.
• The processing of gexep users' data is described in the Privacy Policy.

7. Artificial intelligence features

gexep uses third-party AI models to converse, transcribe, summarise and analyse calls. AI-generated output may be inaccurate or incomplete. The Customer is responsible for configuring its AI agents, reviewing results before making important decisions based on them, and always providing a way to reach a human when needed.

8. Availability and support

We work to keep gexep continuously available, but the service is provided "as is" and may be interrupted by maintenance, incidents or failures of telephony, AI or internet providers. Unless agreed in writing, the gexep Free plan and the free trial do not include any guaranteed service level. Support is provided according to the plan purchased.

9. Intellectual property

gexep, its software, design, brand and documentation belong to Omelcia Technologies SL or its licensors. These Terms only grant you a limited, non-exclusive and non-transferable right of use for the duration of your account. If you send us suggestions, we may use them freely to improve the service.

10. Liability

• gexep will not be liable for indirect damages, loss of profit, loss of data or loss of business opportunities.
• gexep's total liability arising from these Terms is limited to the amount paid by the Customer in the 12 months before the event giving rise to it. For free plans and the trial, that liability is limited to €100.
• These limitations do not apply in cases of wilful misconduct, gross negligence or where the law does not allow liability to be limited.
• The Customer will indemnify gexep against third-party claims arising from its unlawful use of the service or its breach of these Terms.

11. Suspension and termination

• You can close your account at any time by writing to admin@gexep.com.
• We may suspend or close an account, with prior notice where possible, in case of breach of these Terms, non-payment, security risk or fraudulent use, or if required by an authority.
• After closure, the Customer has 30 days to request an export of its data. The data will then be deleted, unless the law requires it to be kept. Numbers assigned by gexep return to gexep.

12. Changes to these Terms

We may change these Terms. We will publish the new version on this page and, if the changes are significant, notify you at least 30 days in advance. If you do not agree, you can cancel your account before they take effect.

13. Governing law and jurisdiction

These Terms are governed by the law of España. Any dispute will be submitted to the courts of Madrid, unless the law requires otherwise.

14. Contact

For any question about these Terms, write to admin@gexep.com. For sales enquiries: ventas@gexep.com.