These Terms of Service ("Terms") govern your use of the website at xovizo.com and any services provided by Eliora ApS ("Xovizo," "we," "us," or "our"). By accessing our website or entering into a service agreement with us, you agree to these Terms.
1. The Service
Xovizo provides AI-powered sales automation services designed to help roofing companies in the United States reactivate cold leads and book appointments. The specific scope, pricing, and terms of each engagement are set out in a separate written agreement between Xovizo and the client.
2. Eligibility
Our services are intended for businesses, not consumers. By using our services, you represent that you are acting in a professional or business capacity and have the authority to bind the entity you represent to these Terms.
3. Performance-Based Pricing
Xovizo operates on a performance-based model. Fees are charged per booked appointment delivered to the client's calendar. No retainers, setup fees, or monthly fees apply unless separately agreed in writing. The specific per-appointment fee and any minimum or maximum volumes are set out in the client's service agreement.
4. Client Responsibilities
As a client, you are responsible for:
- Providing accurate contact data and ensuring you have the legal right to contact the individuals in your database
- Complying with all applicable laws, including the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, and any applicable state telemarketing laws
- Maintaining an active sales process to respond to and close booked appointments
- Ensuring your CRM or lead list contains a minimum of 200 qualifying contacts
- Notifying us promptly of any complaints or opt-out requests received from contacts
5. Acceptable Use
You agree not to use our services to:
- Contact individuals who have opted out or requested to be on a do-not-contact list
- Engage in fraud, deception, or misrepresentation
- Violate any applicable law or regulation
- Interfere with or disrupt our systems or services
6. Data and Confidentiality
Each party agrees to keep confidential the other party's non-public business information shared in connection with the services. Client contact data provided to Xovizo remains the property of the client. We process such data solely to deliver the agreed services. See our Privacy Policy for details on how personal data is handled.
7. Intellectual Property
All intellectual property in the Xovizo platform, AI models, workflows, and website content is owned by Eliora ApS. Nothing in these Terms grants you a license to use our intellectual property beyond what is necessary to receive the agreed services.
8. Limitation of Liability
To the fullest extent permitted by law, Xovizo's total liability to you for any claim arising out of or related to these Terms or the services shall not exceed the total fees paid by you to Xovizo in the three months preceding the claim. In no event shall Xovizo be liable for any indirect, consequential, incidental, special, or punitive damages.
9. Indemnification
You agree to indemnify, defend, and hold harmless Eliora ApS and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising from your use of the services, your violation of these Terms, or your violation of any third-party rights or applicable law.
10. Disclaimers
The services are provided "as is" and "as available." We do not guarantee any specific number of appointments, revenue outcomes, or business results. Actual results depend on the quality and size of your lead database, your sales process, your market, and other factors outside our control.
11. Termination
Either party may terminate the service engagement by providing written notice as specified in the applicable service agreement. We reserve the right to suspend or terminate access to our services immediately if you breach these Terms or any applicable law.
12. Governing Law
These Terms are governed by the laws of Denmark. Any disputes arising out of or related to these Terms shall be subject to the exclusive jurisdiction of the courts of Denmark, unless otherwise required by applicable mandatory consumer protection law in your jurisdiction.
13. Changes to These Terms
We may update these Terms from time to time. Updated Terms will be posted on this page with a revised "Last updated" date. Your continued use of our services after the effective date of any changes constitutes acceptance of the updated Terms.
14. Contact
Questions about these Terms should be directed to:
Eliora ApS
Vadumvej 16, 7860 Spottrup, Denmark
hello@xovizo.com