Terms of Service

1. Definitions

• "LocalReply" refers to the SaaS AI assistant platform for local businesses, operated by an independent individual operator based in Switzerland (contact: support@localreply.ai).
• "Service" refers to all features of the LocalReply platform, including the AI assistant, appointment management, dashboard, and analytics.
• "User" or "Subscriber" refers to any individual or legal entity that has created an account on LocalReply.
• "End Customer" refers to any person interacting with the chat widget deployed by a Subscriber.
• "Content" refers to all information, text, data, and configurations provided by the User on the platform.
• "Trial Period" refers to the first 14 days following registration, during which access to the Pro plan is provided free of charge.

2. Acceptance of Terms

By creating an account on LocalReply, accessing the Service, or using it in any way, you unconditionally accept these Terms of Service.

If you do not accept these terms, you must not use the Service. Use of the Service constitutes full and complete acceptance of these Terms.

These Terms apply to all access and use of the Service, whether free (trial period) or paid.

3. Description of Service

LocalReply is a SaaS platform that enables independent businesses to deploy a conversational AI assistant to respond to their customers, manage appointments, and analyze their interactions.

The Service includes in particular:

• A conversational AI assistant in 8 languages (French, German, Italian, Spanish, English, Portuguese, Dutch, Polish)
• Appointment management with Google Calendar synchronization
• A dashboard for managing conversations and appointments
• AI-generated analytics and summaries
• A unique link and QR code per business
• Email and SMS notifications (Pro plan)

4. Account Creation and Access

4.1 Registration Requirements

To create an account, you must:

• Be an adult individual (18 years or older) or a legally constituted entity
• Provide accurate, complete, and up-to-date information
• Have a valid email address
• Accept these Terms and the Privacy Policy

4.2 Account Security

You are solely responsible for the confidentiality of your login credentials. Any activity carried out from your account is deemed to have been performed by you. In case of unauthorized use, you must immediately notify us at support@localreply.ai.

4.3 Trial Period

All new subscribers benefit from a 14-day trial period with full access to the Pro plan. A valid credit card is required at registration. No charge is made during the trial period. At the end of the trial, the chosen subscription is automatically activated unless cancelled before the end of the trial period.

5. Subscriptions and Billing

5.1 Available Plans

5.2 Billing

Subscriptions are billed monthly on the anniversary date of activation. Payment is processed by Stripe. In case of payment failure, a retry is attempted. After 3 consecutive failures, the account is suspended.

5.3 Plan Changes

You can switch between plans at any time from your account area. The change takes effect immediately. For upgrades, the difference is charged pro-rata. For downgrades, the pro-rata refund is credited to the next invoice.

5.4 Refunds

Subscriptions are non-refundable. No refund shall be issued for partial billing periods, unused features, or early cancellation. This does not affect any mandatory statutory rights you may have under applicable consumer protection law in your country of residence. In the event of a proven technical failure attributable to LocalReply lasting more than 48 consecutive hours, a proportional credit may be granted at LocalReply's discretion.

5.5 Additional SMS (Pro Plan)

The Pro plan includes 50 SMS per month. Beyond that, each SMS is charged at €0.10 excl. VAT. These charges are collected at the end of the month with the subscription.

6. User Obligations

By using LocalReply, you agree to:

• Provide accurate information about your business (services, hours, prices)
• Not mislead your end customers through AI responses
• Inform your end customers that they are interacting with an AI assistant
• Comply with GDPR and applicable legislation regarding your end customers' data
• Keep your payment information up to date
• Not share your login credentials with third parties
• Report any malfunction or abuse observed

7. Prohibited Uses

It is strictly prohibited to use LocalReply to:

• Distribute illegal, defamatory, obscene, or immoral content
• Collect end customer personal data without a valid legal basis
• Impersonate a third party or company
• Attempt to circumvent platform security measures
• Use the Service for spam or unsolicited solicitation
• Reproduce, copy, or resell any part of the Service without authorization
• Conduct load testing or penetration testing without prior written consent
• Use the Service in a sector that is illegal in the country of operation

8. Intellectual Property

8.1 LocalReply Rights

The LocalReply platform, its source code, interfaces, algorithms, brand, logo, and all documentation are the exclusive property of LocalReply and are protected by intellectual property laws. Any unauthorized reproduction or use is prohibited.

8.2 User Rights

You retain full ownership of the content you publish on the platform (your business information, FAQ, services, etc.). By publishing it, you grant LocalReply a limited, non-exclusive, royalty-free license to use this content solely to provide the Service.

8.3 AI-Generated Data

Summaries, analyses, and insights generated by the AI from your data belong to you. LocalReply does not use them for third-party commercial purposes without your consent.

9. Limitation of Liability

LocalReply cannot be held liable for:

• AI-generated responses, which may contain inaccuracies
• Decisions made by the User or their end customers based on AI responses
• Data loss due to technical failures beyond our control
• Service interruptions related to third-party providers (OpenAI, Google, Stripe, etc.)
• Indirect damages, loss of revenue, or lost profits
• Acts or omissions of third parties, including service providers

In any event, LocalReply's total liability to a User is limited to the amounts actually paid by that User in the 3 months preceding the triggering event.

10. Service Availability

LocalReply strives to keep the Service available 24/7. However, we do not guarantee uninterrupted availability. Interruptions may occur due to:

• Planned maintenance operations (announced 24 hours in advance where possible)
• Unforeseen technical failures
• Incidents at our hosting or API providers
• Force majeure events

In case of a major outage, we will communicate by email as soon as possible.

11. Termination

11.1 Termination by the User

You may cancel your subscription at any time from your account area or by contacting us by email. Termination takes effect at the end of the current billing period. No refund is made for the period already charged.

11.2 Termination During Trial

If you cancel before the end of the 14-day trial, no charge will be made.

11.3 Termination by LocalReply

LocalReply reserves the right to suspend or terminate an account without notice in case of:

• Violation of these Terms
• Fraudulent or abusive behavior
• Non-payment after 3 unsuccessful attempts
• Use of the Service for illegal purposes

11.4 Consequences of Termination

Upon termination, access to the Service is cut off. Your data is retained for an additional 30 days, during which you may request an export. After this period, it is permanently deleted in accordance with our Privacy Policy.

12. Changes to Terms

LocalReply reserves the right to modify these Terms at any time. In case of a material change, you will be notified by email at least 30 days before the new provisions come into effect.

If you continue to use the Service after the new Terms come into effect, you are deemed to have accepted them. Otherwise, you must cancel your subscription before the effective date.

13. General Provisions

13.1 Entire Agreement

These Terms of Service, together with the Privacy Policy and GDPR Policy, constitute the entire agreement between LocalReply and the User, and supersede all prior negotiations, representations, or agreements relating to the subject matter hereof.

13.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be replaced by the closest valid provision that best reflects the original intent.

13.3 No Waiver

The failure of LocalReply to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of LocalReply.

13.4 Force Majeure

LocalReply shall not be liable for any delay or failure to perform its obligations where such delay or failure results from any cause beyond LocalReply's reasonable control, including but not limited to: acts of God, war, terrorism, pandemic, power failure, internet outages, failures of third-party providers (OpenAI, Google, Stripe, Twilio), or regulatory actions. LocalReply will notify affected Users as soon as reasonably practicable and will use reasonable efforts to resume normal service.

13.5 Assignment

You may not assign, transfer, or sublicense your rights under these Terms without the prior written consent of LocalReply. LocalReply may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of its assets, with written notice to Users at least 30 days in advance.

13.6 Language

These Terms are drafted in English. English is the controlling language for all purposes. Any translation is provided for convenience only and shall not be legally binding.

14. Governing Law and Disputes

These Terms are governed by Swiss law, in particular the Code of Obligations (CO). Any dispute relating to the interpretation or performance of these Terms shall be subject to the exclusive jurisdiction of the competent Swiss courts.

In case of a dispute, we invite you to contact us first to seek an amicable solution. If no amicable solution is found within 30 days, the parties may refer the matter to the competent court.

15. Contact

For any questions regarding these Terms: