Terms of Service

Last updated: September 26, 2026

1. Introduction, parties and acceptance

These Terms govern access to and use of the Totem Studio SaaS platform and related services (the “Service”). The provider is Totem Studio International Technologies, S.L. (“Totem”), with NIF (Spanish tax identification number) B45528395, registered office at Ronda de Buenavista 24, bloque 9, 4.º C, 45005 Toledo (Spain), registered with the Registro Mercantil de Toledo (Toledo Commercial Registry), tomo 1.171, sección 8.ª, hoja TO-19.191. The “Customer” is the business or professional identified in the acceptance record; the person accepting represents that they are authorized to bind it.

The contract consists of: (i) the specific terms signed or accepted for that account, if any; (ii) the Data Processing Agreement and its annexes, which prevails in all matters relating to personal data processed on behalf of the Customer; (iii) these Terms; and (iv) the plan, price and usage shown during the purchase process and on the pricing page at the time of purchase. In the event of any conflict, that order of precedence applies.

Electronic contracting: the Customer creates its account, enters its company details, chooses a plan and billing frequency, reviews these documents and accepts them by checking an express, non-pre-checked box before entering its payment method. Before accepting, it may review and correct the data entered by returning to the previous steps. Totem stores the acceptance record together with the version and fingerprint of the documents accepted, which the Customer may consult and download from its account, and sends confirmation of the contract by electronic means. The contract may be concluded in Spanish or in English; translations into other languages are for information purposes only and, in the event of any discrepancy, the Spanish version prevails.

2. Requirements for use

The Service is offered exclusively to businesses and professionals for purposes related to their business or professional activity; it is not offered to consumers. By contracting, the Customer declares that it is not acting as a consumer and that the person accepting is of legal age and has sufficient authority.

The Service may be contracted from the countries in which Totem markets it. The Customer is responsible for ensuring that its use of the Service complies with the laws of the country in which it operates and of those in which the persons with whom it communicates are located.

3. Account and security

The Customer must provide truthful, complete and up-to-date information when creating the account and throughout the term of the contract, including tax and billing details.
The Customer is responsible for keeping its credentials confidential, for managing its users’ access and for all activity carried out through its account.
The Customer must notify Totem without delay of any suspected unauthorized access or security incident.

4. Description of the Service

Totem provides the features of the plan contracted, which may include AI-powered voice and text assistants, a virtual switchboard and telephone numbers, omnichannel messaging (WhatsApp, Instagram, Messenger, web and other enabled channels), CRM, bookings, dashboards and automations. Initial setup is carried out through the platform’s guided process; the personalized assistance, training and installation included are those specified in the plan or offer contracted. Totem provides reasonable technical support through its support channels during the term of the contract.

Custom developments, additional integrations and substantial changes to the standard functionality require a quote and the Customer’s prior acceptance. Totem may improve, modify or replace features provided that it does not substantially reduce the essential features of the contracted plan during the period already paid for.

5. Plans, prices and billing

The plan, price, currency, taxes, included usage, billing frequency and rates for additional usage are shown before contracting. Prices exclude taxes unless otherwise stated; the applicable taxes will be charged according to the Customer’s location and tax status.

Billing frequency and renewal: The fee is paid in advance, monthly or annually according to the option chosen, and renews automatically for equal periods until the Customer cancels it. There is no minimum commitment beyond the current period. Under annual billing, the recurring extras contracted (for example, additional team members or locations or the Centralita Virtual add-on) are charged in advance for the twelve months together with the annual fee, applying the discounts agreed for the account; usage continues to be charged monthly.
Trial: Where offered, the trial period lasts 14 calendar days from activation of the Service, and the plan fee is not charged during it. The plan fee is first charged to the saved payment method at the end of the trial, unless the Customer cancels beforehand. The trial does not include promotional credit unless expressly offered; in that case, the credit only covers the services indicated, is neither refundable nor exchangeable, and expires at the end of the trial.
Usage and extras: Usage exceeding what is included in the plan and the extras contracted (for example, additional AI voice minutes, telephone carriage, additional team members or locations, the Centralita Virtual add-on or number rental) are charged at the published rates in force, under the modality shown for the account at contracting: (i) monthly in arrears, to the Customer’s saved payment method; or (ii) where the account uses prepaid balance, by deduction from that balance, in which case no new paid usage is started without sufficient balance. Charges invoiced directly to the Customer by third parties (for example, by Meta for WhatsApp conversations or templates, or by the Customer’s own telephone operator) are unrelated to Totem.
Top-ups: Where the account uses prepaid balance, the Customer may top it up manually or authorize automatic top-ups for the amount, threshold and limit it chooses, which it may change or deactivate at any time. Top-ups cover future usage.
Plan changes: The Customer may upgrade its plan at any time: the upgrade takes effect immediately, and the price difference, in proportion to the time remaining in the current period, is charged at that moment. Plan downgrades take effect at the start of the next period, without refund. Changes to the billing frequency (monthly or annual) are handled through Totem.
Payments: Payments are processed through Stripe Payments Europe Ltd. or another entity of the Stripe group, acting as payment service provider; Totem does not store full card details. When contracting online, payment is made by card; SEPA Direct Debit is only accepted where Totem enables it for the account and the Customer accepts the corresponding mandate. The Customer authorizes Totem to charge the fees, renewals, usage and extras invoices and, where applicable, authorized top-ups to the saved payment method. Invoices are issued in electronic format and are available in the account.

Totem will give notice of any price change at least 30 days before it takes effect, and the change will apply from the next renewal. If the Customer does not agree, it may cancel before that renewal. Periods already paid for and agreed specific terms are respected.

6. Non-payment

If a charge cannot be collected, Totem will notify the Customer by email and on the platform and will retry the charge. The Customer must settle the payment or update its payment method. If non-payment persists, Totem may suspend the Service once 14 calendar days have elapsed since the first notification in the case of accounts more than three months old, counted from activation of the Service, or 7 calendar days in all other cases, subject to prior notice of the suspension. Where the payment method is a card, suspension may be applied automatically at the end of that period, subject to prior notice. Totem may, at its discretion, extend that period. If non-payment persists 30 days after the suspension, Totem may terminate the contract.

Overdue and unpaid amounts will accrue late-payment interest as provided in Ley 3/2004, de 29 de diciembre, de lucha contra la morosidad en las operaciones comerciales (Spanish Act on combating late payment in commercial transactions), without prejudice to the compensation for recovery costs established by that Act. Suspension does not release the Customer from paying the amounts accrued.

7. Cancellation and refunds

The Customer may cancel at any time from its account or by written notice to Totem. Cancellation takes effect at the end of the period already paid for, and access is maintained until then. If the Customer requests immediate termination, Totem may terminate the service on the date requested.

Fees paid, including annual fees, are not refundable for partial use of the period, except where required by law, in the event of breach by Totem or where otherwise agreed. Balance topped up by the Customer and not consumed is refunded at the Customer’s request upon termination of the contract, less any outstanding amounts. The promotional credit is non-refundable.

8. Acceptable use

The Customer shall use the Service responsibly and in accordance with the applicable legislation on data protection, electronic communications, telecommunications, advertising and commercial practices. In particular, it shall only contact persons in respect of whom it has a valid legal basis to process their data and to communicate with them (for example, consent, a prior contractual relationship or a request for information from the person themselves). It is prohibited to use the Service to:

Send spam, mass campaigns or unsolicited commercial communications, or make commercial calls without consent where the law requires prior consent (in Spain, Article 66.1.b of Ley 11/2022, General de Telecomunicaciones, the Spanish General Telecommunications Act), including calls, without a legal basis, to persons registered in advertising opt-out systems.
Use databases obtained unlawfully or without appropriate legitimacy, including purchased lists or data scraped in bulk from social networks, websites or directories.
Make calls or send messages for fraudulent, deceptive or abusive purposes, conceal or falsify the calling line identification, or impersonate another person or organization.
Harass, threaten, discriminate, disseminate unlawful content or content inciting hatred, or carry out unlawful surveillance.
Upload or process data that it has no right to use, or special categories of data beyond what is permitted by the Data Processing Agreement.
Use the Service for artificial intelligence practices prohibited by Regulation (EU) 2024/1689 (Artificial Intelligence Act), including inferring the emotions of its employees or collaborators in the workplace, or for high-risk uses (for example, decisions on employment, credit, insurance or access to essential services) without prior written agreement with Totem.
Attempt to circumvent security measures, usage limits or access controls, or carry out activities that cause blocks, penalties or restrictions by third-party providers (including under the policies of Meta and of telecommunications operators) or by authorities.
Resell the Service or make it available to third parties outside its organization without Totem’s authorization. Features described as unlimited are intended for the normal and reasonable use of the Customer’s own business.

If Totem detects use contrary to this clause, it may suspend all or part of the affected Service, notifying the Customer, and terminate the contract if the situation is not remedied following notification. Where the use causes or may cause serious or imminent harm, or where a provider or an authority so requires, the suspension may be immediate. The Customer is liable for any claims, penalties and blocks arising from non-compliant use.

8.1. Access restrictions and competitive use

Except with Totem’s prior, express and written authorization, no one may, directly or indirectly, access, register for, contract, purchase, test or use the Service if they are a Competitor, on behalf of or for the benefit of a Competitor, or for a Competitive Purpose. “Competitor” means any person or organization that develops, markets or offers products or services that compete with the Service. “Competitive Purpose” means any purpose intended to research, evaluate, reproduce, develop, improve, promote or support a competing product or service.

Obtain or facilitate access through a subsidiary, employee, contractor, consultant, customer, intermediary, false identity or other third party.
Inspect, observe, test, analyze or benchmark the Service in order to learn about its internal operation, architecture, flows, prompts, models, interfaces, features, pricing, strategy, security or limitations.
Copy or reproduce ideas, characteristics, functions, flows, interfaces or experiences of the Service, or use any information, output or knowledge obtained from it to create, train, develop, improve, market or support a competing offering.
Use the Service or any related access or information in a manner that may harm Totem, its security, business, reputation, or legitimate interests, or benefit a Competitor.
Share accounts, credentials, trial or demo access, screenshots, recordings, documentation, outputs or information obtained from the Service in order to enable or facilitate any of the foregoing conduct.

This section does not limit any right that applicable law expressly permits and that cannot validly be excluded by contract.

9. Artificial intelligence, recording and transparency

The assistants in the Service are artificial intelligence systems that the Customer configures and uses with its own customers and contacts. The Customer must ensure that the persons interacting with them know that they are talking to an artificial intelligence, unless this is obvious. By default, the platform includes an identification as an AI assistant in the greeting; the Customer must not remove it or configure the assistant to deny that it is an AI or to impersonate a specific person.

Recording and transcription are enabled by default on compatible voice channels and can be configured from the account. The Customer, as data controller, must inform persons of the recording and of the processing of their data, have the necessary legal basis and respond to the exercise of their rights. The platform provides a privacy notice and configurable notice messages, which the Customer must review and adapt to its activity.

AI outputs may be inaccurate or incomplete. The Customer must supervise their use in a manner appropriate to its activity, review the information that the assistant communicates (prices, availability, conditions) and ensure that the staff managing it have sufficient knowledge of how it works. Totem does not guarantee specific commercial results.

10. Telephony and numbers

Totem does not provide electronic communications services and is not the holder of any numbering. Telephone numbers and call carriage are provided by a telecommunications operator (for example, Zadarma or Telnyx). Where the Customer contracts the numbers in its own account with the operator, the relationship with the operator is direct and governed by the operator’s terms; Totem only connects the platform to that account in accordance with the Customer’s instructions. Where the platform allows a number to be obtained through Totem, Totem manages the contract with the operator on the Customer’s behalf and passes its cost on to the Customer, and the Customer must provide the identity and address documentation required by the operator or by the numbering regulations.

The Customer shall use each number in accordance with its type and scope and with the applicable regulations, including those on calling line identification and the rules on numbers for commercial calls. The numbers are not the Customer’s property; their portability and cancellation are subject to the operator’s terms and the applicable regulations. Totem will cooperate reasonably with porting where the Customer requests it before termination.

The Service is not designed for emergency calls and does not guarantee access to 112 or other emergency services, or the location of the caller. The Customer must have another means of making emergency calls and must inform its users of this.

11. Third-party services and availability

The Service integrates third-party services, such as cloud providers, AI models, telecommunications operators, Meta or Stripe. Totem provides the Service with professional diligence, but does not control and is not liable for interruptions, changes to interfaces or policies, blocks or failures of such third parties, or for the decisions they take regarding the Customer’s accounts. Totem will make reasonable efforts to mitigate their effects and will keep the Customer informed. The foregoing does not exclude Totem’s obligations in respect of its sub-processors under the Data Processing Agreement.

Availability may be affected by maintenance, updates or events beyond Totem’s reasonable control. Unless expressly agreed in writing, no specific service level is guaranteed.

12. Customer data, export and switching provider

The Customer retains ownership of its content and of its customers’ data. For personal data processed on its behalf, Totem acts as data processor under the Data Processing Agreement, which forms part of the contract. Totem does not sell such data, does not use it for its own advertising or to train general-purpose AI models, and may only use aggregated and truly anonymous information to maintain and improve the Service. Totem is an independent controller of the account, billing and business contact data described in its Privacy Policy.

The Customer may export its data (contacts and leads, conversations and messages, available recordings and transcripts, appointments and exportable configurations) in structured and commonly used formats through the platform’s features or by requesting it from Totem. Following termination of the contract, the Customer has 30 calendar days to request the export of its data; once that period has elapsed, Totem will delete it in accordance with the Data Processing Agreement, unless there is a legal obligation to retain it.

In accordance with Regulation (EU) 2023/2854 (Data Act), the Customer may at any time request to switch to another provider or to its own infrastructure with a maximum notice period of two months. Totem will provide reasonable assistance and will facilitate the export of exportable data during a transitional period of up to 30 days and, thereafter, a period of at least 30 days to retrieve it, after which Totem will delete it. Totem does not charge any fees for switching provider or for data export, other than, where applicable, the direct costs permitted by that Regulation until January 12, 2027.

13. Intellectual property and confidentiality

Totem and its licensors hold all rights in the Service, including the software, designs, trademark and documentation. During the term of the contract, Totem grants the Customer a non-exclusive, non-transferable license to use the Service in accordance with these Terms. The Customer grants Totem the right to process its content only to the extent necessary to provide the Service. If the Customer submits suggestions for improvement, Totem may use them freely without any obligation.

Each party shall protect the non-public information received from the other, use it solely for the purposes of the contract and disclose it only to authorized persons bound by confidentiality. This obligation continues for the term of the contract and for two years thereafter, except in respect of information already lawfully known, public without breach, or whose disclosure is required by law. The confidentiality of personal data continues for as long as required by the Data Processing Agreement or by law.

14. Warranties

Totem shall provide the Service with the required professional diligence. Except as expressly provided in these Terms and to the extent permitted by law, the Service is provided “as is” and “as available”, without any other express or implied warranties, including those of fitness for a particular purpose or of achieving specific commercial results.

15. Limitation of liability

To the maximum extent permitted by law, neither party shall be liable for indirect or consequential damages, loss of profits, or loss of business, revenue or goodwill.

To the maximum extent permitted by law, Totem’s total liability for all claims arising out of or in connection with the contract shall not exceed the amounts paid by the Customer to Totem for the Service in the twelve (12) months preceding the event giving rise to the claim.

These limitations do not apply in cases of willful misconduct or gross negligence, to the Customer’s payment obligations, to the Customer’s liability for breach of the acceptable use clause or of its indemnification obligation, or to any other cases in which the law does not permit liability to be limited.

16. Indemnification

The Customer shall hold Totem harmless against any claims, penalties, damages, losses and reasonable expenses (including legal fees) of third parties or authorities arising from its content or data, from its communications with third parties made through the Service, or from its breach of these Terms or of the applicable law. Totem will notify the claim without delay and will cooperate reasonably in the defense.

17. Term and termination

The contract begins upon acceptance and remains in force for as long as the subscription is active. The Customer may terminate it at any time in accordance with the cancellation clause. Totem may terminate it without cause by giving 30 days’ written notice, refunding the proportional part of the fees paid in advance and not used.

Either party may terminate the contract if the other party seriously breaches its obligations and fails to remedy the breach within 15 days of notification, or immediately where the breach cannot be remedied. Totem may also suspend or terminate the Service in accordance with the non-payment and acceptable use clauses, or where required by law or by an authority.

Termination does not release anyone from the payment of amounts accrued up to the effective date. Thereafter, the data export and deletion regime set out in clause 12 applies. Clauses which by their nature should survive termination shall survive it, including those on payment, confidentiality, data protection, limitation of liability, indemnification and governing law.

18. Amendments to the Terms

Totem may amend these Terms for legal, technical or commercial reasons. It will give notice of substantial changes at least 30 days in advance, indicating their scope and effective date. If the Customer does not agree, it may cancel before that date without penalty. Where a new express acceptance is required, Totem will request it in respect of the identified version and will retain the previous acceptance record. Changes of sub-processors follow the procedure set out in the Data Processing Agreement.

19. General provisions

Notices: Notices shall be given in writing and shall be valid if sent by email to the Customer’s account address and to Totem’s contact address, as well as by notices on the platform. The Customer must keep its contact email address up to date.
Assignment: Neither party may assign the contract without the other party’s written consent, except that Totem may do so to companies of its group or in the event of a merger, reorganization or transfer of its business, provided that the Customer’s rights are not prejudiced.
Force majeure: Neither party shall be liable for non-performance due to causes beyond its reasonable control, for as long as they last and provided that it gives notice without delay. This clause does not apply to payment obligations.
Severability: The invalidity or unenforceability of any clause shall not affect the remainder, which shall be interpreted in accordance with its purpose.
Entire agreement: The contract described in clause 1 constitutes the entire agreement between the parties concerning its subject matter and supersedes any prior agreement or communication, without prejudice to the specific terms in force.

20. Governing law and jurisdiction

The contract is governed by Spanish law. For any dispute arising from the contract or the Service, the parties submit to the courts and tribunals of Toledo (Spain), unless a mandatory rule establishes a different forum.

Company / Contact Information

Legal entity: Totem Studio International Technologies, S.L.
Tax ID (CIF/VAT): B45528395
Registration details: Registro Mercantil de Toledo, tomo 1.171, sección 8.ª, hoja TO-19.191
Address: Ronda de Buenavista 24, bloque 9, 4.º C, 45005 Toledo, Spain
Email: hello@totemstudio.ai
Phone: +34 900 433 533
Website: totemstudio.ai