Legal notice and terms of use

1. Website and service operator

Atendy is provided by Telvia Comunicaciones S.L., Spanish tax ID B22615314, Calle Rosselló 42, 08328 Alella, Barcelona, Spain. Contact: info@atendy.es.

Registered with the Barcelona Commercial Registry, section 8, sheet B 638122, entry 1, dated 7 July 2025.

We provide business software and services for conversational agents, call automation, voice assistance, WhatsApp, integrations and operational management.

2. What Atendy provides

Atendy lets you configure AI agents to receive or place calls, respond through connected channels, consult authorised information, execute integrated actions and hand over to a person according to your instructions.

The platform is for businesses, professionals and teams managing service, sales, support, appointments, collections or operations. It is not intended for private consumers or account holders under 18. By registering, you confirm that you are an adult acting for a business or professional activity with authority to accept these terms.

3. Account, credentials and access

Provide accurate, up-to-date information. Credentials are personal and must be kept secure. You are responsible for account activity, except unauthorised access attributable to Atendy. We may suspend or restrict access for abuse, security risks, unlawful use or breach of these terms.

4. Your responsibility for your agents

You decide which agents to create, their instructions, accessible data, tools, recipients, messages and handover rules. Before production use, test real or simulated calls and validate the flow, notices, tone and actions. Do not configure agents to deceive, impersonate, make prohibited decisions or perform actions without legal justification.

AI transparency: ensure people know they are interacting with AI, not a human, in accordance with the EU AI Act. Identify this clearly at the start of the first interaction. Do not remove, conceal or contradict that identification.

5. Calls, recordings and communications

Calls are transcribed and audio is retained when recording is enabled so you can review it in your panel. As controller for your interlocutors, inform them at the start about the automated agent and applicable recording or transcription, and establish the necessary legal basis. Outbound calls, campaigns, reminders, collections and prospecting must comply with applicable data protection, consumer, telecommunications, advertising, suppression-list and commercial communications rules.

Automated marketing calls without human intervention require prior recipient consent where applicable law requires it, including article 66.1.a of the Spanish General Telecommunications Act. You must be able to demonstrate consent and respect opt-outs and objections. A previous business relationship does not itself replace this requirement. Service reminders must stay within their purpose and have an appropriate legal basis.

Spam, mass calls without a legal basis, harassment, fraud, impersonation, misleading solicitation, aggressive practices and prohibited communications are not permitted.

6. Third-party services and integrations

Telvia uses third-party infrastructure and services. The Privacy Policy explains recipient categories and purposes. Subprocessor identities and documentation are available in the customer register at provider and subprocessor register. Processing on your behalf, subprocessors and international transfers are governed by the DPA. Telvia retains its own responsibilities for service delivery and data protection.

Integrations may involve AI, telephony, SIP, databases, CRM, calendars, WhatsApp, payments, webhooks and other services. Some require your own keys, tokens or credentials. You are responsible for entitlement to use those accounts, third-party costs and compliance with their terms. Atendy does not control their decisions, changes, outages, prices or limits.

6a. Tools, call transfers and notifications

Depending on the functions contracted and activated, agents may query shops, calendars, CRM and other systems, manage appointments or records, send messages and transfer calls. A transfer with confirmation may give the recipient a summary and necessary data before acceptance; their response may be processed to decide whether to complete the transfer. Subsequent notifications and summaries may disclose conversation data to recipients you configure.

Authorise the accesses and actions, verify numbers and recipients, minimise shared data and inform callers and receiving staff where required. Review significant actions and provide alternatives when an integration or transfer fails. Enabling a tool does not guarantee successful completion or replace risk-appropriate supervision.

7. Acceptable use

Do not use Atendy for unlawful, discriminatory, fraudulent, violent or defamatory purposes, or to infringe others’ rights. Do not introduce malware, access others’ systems without permission, bypass limits or compromise security. Do not upload or use data without a legal basis or authority. Do not configure medical, legal, financial or emergency advice as a substitute for qualified professionals, or legally or similarly significant automated decisions without human review and an appropriate legal basis.

You are responsible for the lawfulness of your data, content, instructions, recipients, purposes and authorisations, and for damage or claims to the extent caused by a breach attributable to you. This does not exclude Atendy’s responsibility for its own acts, omissions or legal duties.

On reasonable indications of fraud, impersonation, harassment, extortion, other unlawful use or serious risk, Atendy may proportionately suspend affected functions or accounts. We will provide reasons and a review channel unless prohibited by law or prejudicial to security or investigation. Report abuse to info@atendy.es with “Unlawful use” in the subject.

8. AI and service limitations

AI can make mistakes, misunderstand instructions, lack context or produce inaccurate answers. Atendy provides controls, rules, tests, transcripts and human escalation; you must supervise use and keep instructions clear. We do not guarantee every case will be resolved, every call completed or every external integration error-free. Define safety thresholds and review procedures.

We do not guarantee absence of inaccuracies or omissions, or specific commercial results. Supervision must reflect risk, particularly for legal, financial or health consequences. These limitations do not release Atendy from providing contracted functions with due care or meeting its legal and security obligations.

9. Plans, prices and payments

Prices, included minutes, limits, extras, trials, taxes and commercial terms are those published on the website, platform or accepted offer. Prices exclude VAT unless stated otherwise. Enterprise or volume arrangements may be specified in a proposal, contract, DPA, SLA or service order.

10. Intellectual property

Atendy’s brand, software, interface, design, text, documentation, code and graphics belong to Telvia or its licensors. You receive a limited, non-exclusive, revocable, non-transferable right to use the platform under these terms. You retain rights in your data, own configurations, content, knowledge bases and uploaded materials, subject to the licence needed to provide the service.

11. Data protection

The Privacy Policy governs personal data processing. Where Atendy processes on your behalf, the DPA forms part of and is accepted with these terms. It covers instructions, security, subprocessors, breach notification and assistance with rights under GDPR article 28.

Minimise data, set proportionate retention periods and request deletion when no longer necessary. Special-category data also require the relevant additional legal condition and any necessary safeguards or impact assessments. Accepting these terms does not replace the legal basis for processing interlocutors’ data or either party’s duties.

Return and deletion on termination, rights assistance and breach notification follow the DPA and applicable law. Contact info@atendy.es. Compliance information is provided with appropriate confidentiality safeguards without restricting statutory rights.

12. Availability, support and changes

We work to maintain availability and security, but maintenance, incidents, external providers, force majeure or technical changes may cause interruption. Functions may change to improve the service, meet legal requirements, strengthen security or adapt integrations.

Email support: write to info@atendy.es with “Atendy Support”, the affected account and a description. Support hours are Monday–Friday, 09:00–18:00 Europe/Madrid, excluding national, Catalan and Alella public holidays.

Critical (total outage or general inability of the account to handle calls): first human response within 8 support hours. Important (essential function failure with partial service): within 16 support hours. General (questions, configuration and minor errors): within 24 support hours.

Time starts on receipt and accrues only within support hours, starting or resuming at the next opening outside those hours. The first human response includes an initial assessment and next step; an automatic acknowledgement does not count. Atendy classifies by actual impact and explains priority changes. Missing information does not extend the first-response deadline; it is requested within that deadline.

These are response, not resolution, times. Atendy will diligently restore service and provide an update at least once per support day while a critical incident remains open. There is no 24/7 on-call service or guaranteed uptime percentage unless expressly agreed. Accepted specific support terms, including Enterprise terms, take precedence.

Statutory security, breach-notification and privacy deadlines follow applicable law and the DPA. Support hours do not suspend them or replace notification without undue delay where required.

13. Liability

In business and professional relationships, to the extent permitted by law, Telvia is not liable for indirect damage, lost profit or lost business. Data losses, decisions, third-party costs or unlawful use attributable to the customer are not attributed to Telvia merely because the platform was used, without prejudice to liability for Telvia’s own acts or omissions.

Subject to the exceptions below, Telvia’s aggregate contractual liability for service-related events is limited to service fees paid or payable in the preceding twelve months, or the elapsed relationship if shorter. Taxes and third-party service amounts are excluded.

Exclusions and limits do not apply to intentional misconduct, gross negligence or liability that cannot legally be limited. They do not restrict data subjects’ GDPR rights, regulatory powers or Telvia’s own controller or processor obligations, and do not exempt criminal or administrative liability.

14. Changes and termination

We may update these terms when necessary and publish the current version here. Material changes for existing customers will be emailed at least 30 days in advance, except urgent legally or security-required changes, notified as soon as possible. You may terminate without penalty before an unaccepted material change takes effect, paying for service actually provided. Publication does not itself replace any acceptance required to incorporate new conditions into existing contracts.

15. Governing law and jurisdiction

Spanish law governs these terms. Disputes are subject to the courts competent under applicable law.