"Nelyma", "we", "us" or "our" refers to the sole trader operating this Service from the Republic of Ireland. Contact: [email protected].
"You", "Customer" or "Subscriber" refers to the business entity or individual who registers a paid or trial account with the Service.
"Visitor" or "End User" refers to the customer of your business who interacts with the widget on your website.
By creating an account, embedding the widget on a website you control, or otherwise using the Service, you confirm that you have read, understood and accept these Terms and our Privacy Policy. If you do not accept, do not use the Service.
If you use the Service on behalf of a company or other legal entity, you represent that you are authorised to bind that entity to these Terms.
The Service provides an embeddable web chat widget that answers your website visitors' questions, collects booking requests, and notifies you via WhatsApp and email. It also includes a dashboard for you to customise the widget, review appointments, and manage settings.
WhatsApp Business API and Instagram DM channels are currently in development. If you subscribe to a plan that includes these channels, they will be activated at no additional cost when they become available. We do not guarantee a specific launch date.
As a consumer or micro-business inside the EU, you have the right to withdraw from a paid subscription within 14 days of the first payment, without giving a reason, under Article 9 of Directive 2011/83/EU as transposed into Irish law by the European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013 and the Consumer Rights Act 2022.
To exercise this right, email [email protected] from the address on your account and include your business name and the request "please cancel my subscription under my cooling-off right". We will process the refund of the initial charge, less any usage above the free trial cap that has already been billed, within 14 days of receiving your request.
By starting to use the Service immediately (which happens as soon as you upgrade), you expressly consent to the Service being provided before the cooling-off period ends and acknowledge that any usage during those 14 days may be deducted from your refund.
You agree not to use the Service to:
We reserve the right to suspend accounts that violate these rules while we investigate.
You retain all rights to the content you upload to the Service (your business description, FAQ, images, brand colour). You grant us a limited licence to store, process and display that content solely for the purpose of operating the Service on your behalf.
We do not sell your data. We do not use the content of your conversations to train third-party AI models (see Privacy Policy for details on the model provider we use).
When a visitor chats with the widget, the Service collects personal data about that visitor on your behalf (name, phone number, message content). For that data, you are the Data Controller and we act as your Data Processor under Article 28 of the GDPR.
These Terms, together with the Privacy Policy, form the Data Processing Agreement between us. In particular:
You confirm that you have a lawful basis (typically consent obtained via our GDPR consent screen, or performance of a contract when the visitor books an appointment) to collect and process this data, and that you have provided your visitors with all information required by Articles 13-14 GDPR.
The Service depends on the following sub-processors:
By using the Service you consent to your data being processed by these sub-processors under our Data Processing Agreement.
We target 99% monthly uptime but do not guarantee it. Planned maintenance is announced in advance where practical. If a full-service outage lasting more than 24 continuous hours occurs during a billing month, contact us and we will offer a pro-rata service credit against your next invoice.
The Service is provided "as is" and "as available", without warranties of any kind, express or implied, except those which cannot be excluded under Irish or EU consumer law. We do not warrant that the Service will meet your specific business requirements, that it will be uninterrupted, or that answers generated by the AI will always be accurate.
You are responsible for reviewing your dashboard content (services, prices, hours, FAQ) for accuracy. You are responsible for confirming or declining any booking requests captured by the widget.
To the fullest extent permitted by law, and without excluding or limiting our liability for death, personal injury caused by our negligence, fraud, or any other liability that cannot be excluded under Irish law:
Nothing in these Terms limits any statutory rights you have as a consumer under Irish or EU law.
You will indemnify and hold us harmless from any third-party claims arising from: (a) your breach of these Terms; (b) your business content displayed via the Service; (c) your interaction with your visitors; or (d) your failure to comply with your obligations as a Data Controller under the GDPR.
The Service, the widget code, our brand name, logos and website are our intellectual property. Nothing in these Terms transfers any of our intellectual property rights to you.
We grant you a non-exclusive, non-transferable licence to embed the widget on the domain(s) you list in your dashboard, for the duration of your active subscription.
We may update these Terms occasionally. Material changes will be announced by email at least 30 days before they take effect. If you do not accept the changes, you may cancel your subscription without penalty during that notice period.
These Terms are governed by Irish law. The courts of Ireland have exclusive jurisdiction over any dispute arising out of them, without prejudice to your rights as a consumer to bring proceedings in the courts of the country where you live.
For consumer disputes you may also use the European Commission's online dispute resolution platform: https://ec.europa.eu/consumers/odr.
Questions or complaints: [email protected].