Terms of Service — Customer Terms

2.1 You accept these Terms by ticking the acceptance checkbox presented during registration, or by accessing or using the Service. Your acceptance is recorded together with the version of these Terms then in effect (the version identifier is the "Last updated" date shown above), the date and time of acceptance, and the accepting user's account identifier. That record is evidence of your agreement to that version.

2.2 If you accept these Terms on behalf of an organization, you represent that you are authorized to bind that organization, and "Customer", "you" and "your" refer to that organization.

2.3 The Service is offered only to organizations acting in the course of a business, profession, or public function, and only to users aged 18 or over. It is not offered to consumers for personal use.

3.1 A separate document, the End-User Terms of Service, governs the relationship with the individuals who communicate with your Agents. It is available at /terms-of-service-en.html and /terms-of-service-he.html and is presented to End Users through the chat widget's consent gate before they may send a message.

3.2 The End-User Terms do not create any relationship between Luminata and your End Users in respect of the underlying services you provide. As between you and Luminata, you remain solely responsible for the services, information, commitments, and transactions your Agents offer or perform.

3.3 You must not remove, suppress, or obscure the consent gate, the End-User Terms link, the privacy notice link, or any disclosure identifying communications as AI-generated.

4.1 What the Service does. The Service enables you to configure and deploy Agents that communicate with End Users over the channels you enable, answer questions using a knowledge base built from website content and documents you supply, collect requests and contact details, and, where you enable it, place outbound calls and take messages when calls are unanswered. The administrative dashboard lets you configure Agents, connect and disconnect channels, review conversations, and manage your knowledge base.

4.2 Channel prerequisites. Some channels require accounts, numbers, or approvals from third parties. For WhatsApp, Facebook Messenger and Instagram messaging you must hold the applicable Meta business assets and complete Meta's connection and review flows. For telephone channels, a phone number must be provisioned or connected. Availability of any channel depends on the relevant third party and may change.

4.3 Changes to the Service. We may modify, add, or discontinue features. We will not materially degrade the core functionality of a paid subscription during its then-current term without giving you notice and, if the degradation is material and we cannot remedy it, the option to terminate and receive a pro-rata refund of pre-paid fees for the unused period.

4.4 Support. Support is provided by email to support@anita24.com or through the support channel identified in the dashboard, during normal business hours in Israel. Unless a separate service-level agreement is signed, no uptime or response-time commitment applies.

4.5 Beta features. Features identified as beta, preview, or trial are provided for evaluation only, without warranty of any kind, and may be withdrawn at any time.

5.1 You are responsible for all activity under your account and for maintaining the confidentiality of credentials, tokens, and access keys issued to or connected by you.

5.2 You must configure user access within your organization appropriately and remove access promptly when a user leaves.

5.3 You must notify us without undue delay at support@anita24.com of any suspected unauthorized access to or use of your account.

6.1 Lawful use. You are responsible for complying with all laws applicable to your use of the Service, including laws on privacy and data protection, electronic communications and marketing, telephony and call recording, consumer protection, accessibility, and the use of artificial intelligence, in every jurisdiction in which you deploy Agents or contact End Users.

6.2 Notice and consent to End Users. You are the controller of End-User Personal Data processed through your Agents. You must: (a) provide End Users with all legally required notices about the processing, including that they are communicating with an AI agent and not a human; (b) obtain and maintain any consent required by law before End-User data is processed through the Service; (c) honour End-User rights requests you receive, and give us the instructions we need to assist you; and (d) not configure Agents to solicit special-category or otherwise sensitive personal data unless you have a lawful basis and appropriate safeguards for doing so.

6.3 Voice calls, recording and transcription. Where you enable telephone channels, calls may be recorded and transcribed so that conversation records can be shown to you in the dashboard. You are responsible for giving End Users any recording and transcription notice required by law, and for obtaining consent where consent is required, before the recording begins.

6.4 Outbound contact, consent and opt-out. Where you enable Customer-initiated outbound calls or messages, you are the sender. You must: (a) hold a valid lawful basis and, where required, prior consent for each number or contact you upload or cause the Service to contact; (b) not use the Service to contact numbers you are prohibited from contacting; (c) present a clear identification of your organization and the purpose of the contact; (d) offer a working opt-out on every outbound contact and honour opt-out requests promptly; and (e) maintain your suppression and opt-out records within the Service and not override or delete an opt-out record. Opt-out records are maintained per Customer account and are applied to further outbound contact you initiate through the Service. We may suspend outbound functionality where we reasonably believe it is being used contrary to this clause.

6.5 Accuracy of configuration and content. You are responsible for the accuracy, completeness, currency, and lawfulness of Customer Content, including the website content and documents you submit for knowledge-base import, the business information you configure, and the instructions you give your Agents. You represent that you have the rights necessary to submit that content and to have it processed through the Service.

6.6 Prohibited uses. You must not, and must not permit any third party to: (a) use the Service for unlawful, fraudulent, deceptive, harassing, or malicious purposes; (b) deploy an Agent to provide medical, legal, financial, tax, insurance, psychological, or other regulated professional advice, or to make or communicate decisions that produce legal or similarly significant effects for an individual, without qualified human review and any licence or authorization the law requires; (c) deploy an Agent for emergency, crisis, safety-of-life, or medical-triage purposes; (d) present the Agent as a human being, or configure it to deny that it is an AI agent when asked; (e) use the Service to generate or distribute unlawful, infringing, defamatory, or discriminatory content; (f) attempt to reverse engineer, decompile, or derive the underlying models, instructions, or components of the Service, or to circumvent its usage limits or security controls; (g) use the Service or its outputs to build, train, or evaluate a competing product or model; (h) resell, sublicense, or provide the Service to third parties other than as a channel for your own End Users, unless expressly agreed in writing; or (i) submit malware or attempt to interfere with the integrity or performance of the Service.

6.7 Third-party platform rules. Where you connect a third-party platform, you must comply with that platform's terms and policies and maintain any verification, approval, or payment method it requires. You are responsible for what your Agents send over those platforms.

6.8 Human escalation. You must provide End Users with a reasonable means of reaching a human within your organization, and must monitor conversations to a degree appropriate to the subject matter your Agents handle.

7.1 The Service uses generative artificial intelligence. Agent Output may be inaccurate, incomplete, out of date, or unsuitable for a particular purpose, even when the knowledge base is correct. Agent Output is generated automatically and is not reviewed by Luminata before delivery.

7.2 Agent Output does not constitute professional advice of any kind — it is not medical, legal, financial, tax, insurance, psychological or other professional advice — and must not be presented to End Users as such.

7.3 You are responsible for reviewing, testing, and monitoring your Agents' behaviour before and during deployment, and for the consequences of Agent Output delivered on your behalf. Where Agent Output could affect an End User's rights, health, safety, finances, or legal position, you must ensure meaningful human oversight.

7.4 As between the parties, Agent Output delivered by your Agents is treated as your communication to your End Users.

8.1 Fees. You will pay the fees for the plan you select at registration or in an order form or written service agreement signed by the parties. Fees may include recurring subscription charges, usage-based charges (for example message, call, or minute volume), and one-time setup charges.

8.2 Payment. Fees are payable in advance for each billing period unless the order form states otherwise. Where you pay by card or another automated method, you authorize us and our third-party payment processors to charge that method for all fees when due. Where we invoice you, invoices are payable within thirty (30) days of the invoice date. Overdue amounts may accrue interest at 1.5% per month or the maximum permitted by law, whichever is lower, and we may suspend the Service under clause 15.3 after giving notice and a reasonable opportunity to pay.

8.3 Taxes. Fees are exclusive of VAT and any other taxes or duties, which you will pay in addition, except taxes on Luminata's net income.

8.4 Renewal. Subscriptions renew automatically for successive periods equal to the then-current term unless either party gives notice of non-renewal at least thirty (30) days before the end of the current term. We will send a renewal reminder to your account email at least thirty (30) days before each renewal.

8.5 Price changes. We may change fees effective from the start of a renewal term by giving you at least thirty (30) days' notice before the renewal date. If you do not accept the new fees, you may give notice of non-renewal before the end of the current term, and the change will not apply to that term.

8.6 Refunds. Except where clause 4.3 applies, where we terminate without cause, or where a refund is required by law, fees are non-refundable and pre-paid amounts are not credited on early termination.

8.7 Third-party charges. Charges billed to you directly by third parties (for example messaging platform conversation charges or telecommunications charges) are your responsibility and are not included in our fees unless expressly stated.

9.1 Luminata IP. The Service, and all software, models, interfaces, designs, documentation, trademarks, and other intellectual property in or associated with it, remain the exclusive property of Luminata and its licensors. Subject to these Terms and payment of fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Service during the term for your internal business or public-service purposes.

9.2 Customer Content. You retain all rights in Customer Content. You grant us a worldwide, non-exclusive, royalty-free licence to host, store, process, transmit, display, and adapt Customer Content solely to the extent necessary to provide, secure, and support the Service for you, and to comply with law. This licence ends when the content is deleted, subject to clause 15.6.

9.3 Agent Output. As between the parties, you own the Agent Output generated by your Agents, and we assign to you any rights we may have in it, subject to clause 9.1 (nothing in this clause transfers rights in the Service itself) and to the terms of the applicable AI model providers. You acknowledge that generative AI may produce similar or identical output for different customers, and that we make no representation that Agent Output is original or free of third-party rights.

9.4 No training on your content. We do not use Customer Content, Agent Output, or End-User Personal Data to train or fine-tune general-purpose generative AI models, and our agreements with our AI model providers do not permit them to do so. Any tuning or configuration we carry out using your data is performed solely for your own deployment and is not used for the benefit of any other customer.

9.5 Service data. We may generate and use aggregated and de-identified statistical data about use of the Service to operate, secure, support, and improve it, provided that such data does not identify you, any End User, or the content of any conversation.

9.6 Feedback. If you give us suggestions or feedback about the Service, we may use them without restriction or obligation to you. You are not required to give feedback.

10.1 "Confidential Information" means non-public information disclosed by one party to the other that is identified as confidential or that a reasonable person would understand to be confidential, including Customer Content, the non-public features and performance of the Service, and the commercial terms of the parties' agreement.

10.2 The receiving party will use Confidential Information only to perform under these Terms, will protect it with at least reasonable care, and will disclose it only to its personnel and professional advisers who need it and are bound by confidentiality obligations at least as protective.

10.3 These obligations do not apply to information that is or becomes public without breach, was lawfully known before disclosure, is independently developed, or is lawfully received from a third party. A party may disclose Confidential Information where required by law or a public authority, giving the other party reasonable prior notice where lawful.

10.4 These obligations continue for three (3) years after termination, and for so long as the information remains a trade secret.

11.1 Roles. In respect of End-User Personal Data processed through your Agents, you are the controller and Luminata acts as processor or service provider on your documented instructions, which are these Terms, your configuration of the Service, and any data processing agreement between the parties. In respect of your account and billing data, Luminata is the controller.

11.2 Privacy Policy. Our processing of your account data, and a current list of the categories of sub-processors we engage, are described in the Privacy Policy for Customers, which forms part of these Terms. The processing of End-User data through deployed Agents is additionally described to End Users in the Privacy Policy for End Users (Hebrew: /privacy-policy-he.html).

11.3 Data processing agreement. Where the applicable data protection law requires one, the parties will enter into a data processing agreement, which prevails over this clause 11 in case of conflict. Contact support@anita24.com to request it.

11.4 Sub-processors. You authorize us to engage sub-processors to provide the Service. We will impose data protection obligations on them no less protective than those in these Terms and remain responsible for their performance. We will give notice of new sub-processors before they begin processing, and you may object on reasonable data protection grounds.

11.5 Security. We maintain technical and organizational measures appropriate to the risk, including encryption of data in transit and at rest, access controls, role-based permissions, separation of each Customer's data, logging, and periodic review of our security measures. We will notify you without undue delay after becoming aware of a personal data breach affecting your data and will provide the information you reasonably need to meet your own notification duties.

11.6 International transfers. Personal Data may be processed in Israel, the European Economic Area, the United States, and other jurisdictions where our providers operate, subject to appropriate transfer safeguards as described in the Privacy Policy for Customers.

11.7 Retention. Conversation records and Customer Content are retained for the period stated in the Privacy Policy for Customers or in your plan, unless a different period is agreed in writing or a longer period is required by law. Retention periods are stated in one place only — the Privacy Policy for Customers — and are not restated in these Terms.

14.1 By Customer. You will defend Luminata and its officers, directors, employees, and agents against third-party claims arising from: (a) Customer Content, including a claim that it infringes or misappropriates intellectual property or privacy rights; (b) your configuration, deployment, or operation of Agents, including Agent Output delivered on your behalf and any outbound contact you initiate; (c) your breach of clause 6; or (d) your violation of law or of a connected platform's terms; and will indemnify Luminata against damages, losses, costs, and reasonable legal fees finally awarded or agreed in settlement.

14.2 By Luminata. We will defend you against third-party claims that the Service, as provided by us and used in accordance with these Terms, infringes a third party's intellectual property rights, and will indemnify you against damages, losses, costs, and reasonable legal fees finally awarded or agreed in settlement. This obligation does not apply to claims arising from Customer Content, Agent Output, your configuration or instructions, combination of the Service with anything not supplied by us, or use of the Service in breach of these Terms. If the Service becomes, or we believe it may become, the subject of such a claim, we may at our option procure the right to continue using it, modify or replace it, or terminate the affected part of the Service and refund pre-paid fees for the unused period.

14.3 Procedure. The indemnified party will notify the indemnifying party promptly, give it sole control of the defence and settlement (provided no settlement imposes a non-indemnified liability or admission on the indemnified party without consent), and provide reasonable cooperation at the indemnifying party's expense.

14.4 Clause 14.2 states our entire liability and your exclusive remedy for third-party intellectual-property claims.

15.1 Term. These Terms begin when you first accept them or first use the Service, and continue until all subscriptions have expired or been terminated.

15.2 Termination for convenience. You may terminate by giving notice effective at the end of the then-current subscription term, using the cancellation function in the dashboard or by notice to support@anita24.com. We may terminate a subscription for convenience by giving at least sixty (60) days' notice and refunding pre-paid fees for the unused period.

15.3 Suspension. We may suspend all or part of the Service immediately where: (a) required by law or by a third-party platform; (b) your use presents a security, integrity, or legal risk to the Service, to us, or to third parties; (c) an outbound campaign appears to breach clause 6.4; or (d) undisputed fees remain unpaid ten (10) days after a written reminder. We will give notice as soon as practicable, limit the suspension in scope and duration to what is necessary, and restore the Service once the cause is resolved. Suspension does not relieve you of payment obligations for the suspended period unless the suspension was our fault.

15.4 Termination for cause. Either party may terminate immediately on notice if the other materially breaches these Terms and fails to cure within thirty (30) days of notice, or becomes insolvent or subject to liquidation or receivership. We may also terminate immediately if a connected third-party platform permanently withdraws access in a way that prevents delivery of the Service to you.

15.5 Effect. On termination, your rights to use the Service cease and all accrued fees become due.

15.6 Data export and deletion. For thirty (30) days after termination we will make your Customer Content available for export through the Service's export functionality or, on written request, in a commonly used machine-readable format. After that period we will delete or de-identify Customer Content and End-User Personal Data within a further ninety (90) days, except where retention is required by law or where the data exists in routine backups, which are deleted on our ordinary backup cycle. You may request earlier deletion in writing.

15.7 Survival. Clauses 1, 6.2 (as to acts before termination), 7, 8 (as to accrued amounts), 9, 10, 11 (as to data still held), 12, 13, 14, 15.5–15.7, 17, 18, and 19 survive termination.

16.1 We may update these Terms. The version in effect is identified by the "Last updated" date at the top of this page.

16.2 For changes that materially affect your rights or obligations — including changes to fees, liability, indemnification, or data protection — we will give at least thirty (30) days' notice by email to your account address or by prominent notice in the dashboard before the change takes effect, and will ask you to accept the new version. If you do not accept a material change, you may terminate before it takes effect and receive a pro-rata refund of pre-paid fees for the unused period; continued use after the effective date constitutes acceptance.

16.3 Non-material changes take effect when posted.

16.4 We keep a record of the version you accepted and the date of acceptance.

17.1 These Terms are governed by the laws of the State of Israel, without regard to conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

17.2 The parties will first attempt in good faith to resolve any dispute by negotiation between senior representatives within thirty (30) days of written notice of the dispute.

17.3 If the dispute is not resolved, the competent courts of Tel Aviv-Jaffa, Israel, have exclusive jurisdiction, and each party irrevocably submits to that jurisdiction. Nothing prevents either party from seeking injunctive or other interim relief in any competent court.

17.4 The parties may agree in an order form to submit disputes to binding arbitration in Tel Aviv before a single arbitrator instead of clause 17.3.

19.1 Entire agreement. These Terms, together with the Privacy Policy for Customers, any data processing agreement, and any order form or written service agreement between the parties, constitute the entire agreement and supersede all prior communications and representations on their subject matter.

19.2 Order of precedence. In case of conflict: (a) a signed order form or service agreement; (b) any data processing agreement; (c) these Terms; (d) the Privacy Policy for Customers.

19.3 Severability. If any provision is held invalid or unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions remain in force.

19.4 Waiver. Failure to enforce a provision is not a waiver of it.

19.5 Assignment. You may not assign these Terms without our prior written consent, except to a successor to all or substantially all of your business or functions, on notice to us. We may assign to an affiliate or to a successor in a merger, acquisition, or sale of assets. Any other assignment is void.

19.6 Notices. Legal notices to Luminata must be sent to Admin@anita24.com and to [registered business address — to be confirmed by counsel]. Notices to you may be sent to your account email address or given in the dashboard, and are deemed received on the next business day after sending.

19.7 Independent contractors. The parties are independent contractors. Nothing creates a partnership, agency, or employment relationship.

19.8 No third-party beneficiaries. These Terms do not confer rights on any third party, including End Users. The separate End-User Terms of Service govern Luminata's relationship with End Users.

19.9 Export and sanctions. You represent that you are not subject to trade sanctions that would prohibit your use of the Service and that you will not use the Service in violation of export-control or sanctions laws.

19.10 Publicity. Neither party may use the other's name or logo publicly without prior written consent, except that we may identify you as a customer in a customer list unless you notify us otherwise.