Terms of sale

1. Parties and scope

These terms govern the services sold under the Otomexia brand by VIVA DISCOUNT EUROPE, S.L., a company incorporated under Spanish law, Carrer del Pintor Parra 2, planta 2, puerta 1, 46600 Alzira, Valencia (Spain), NIF B40529265, EU VAT ESB40529265 (“the Provider”), to any professional client, company, association, local authority or public body (“the Client”). The services are intended exclusively for professionals; consumer law provisions do not apply.

2. Services

The Provider offers: (a) a remote Needs Audit at €400 excl. VAT, including a questionnaire, two video interviews, a review of the Client’s tools and documents, an analysis and a written report (tasks, volumes, data, priorities, estimated gain and budget) with a quote for next steps; (b) an optional half-day Demonstration Workshop at the Client’s premises, after the audit, at €890 excl. VAT, including live trials on the Client’s documents with its team, measurement of time saved and a firm quote; (c) Private AI and Market AI projects (prototype, go-live), on quote; (d) Maintenance by subscription, on quote. The content and exclusions of each service are set out on the website pages for each offer and in the quote, which form part of the contract.

3. Order and payment

The Audit and the Workshop are ordered online or by accepted quote and paid on order. Projects start on an accepted quote, according to its payment schedule. Payment is made by card or SEPA direct debit via Stripe, or by bank transfer on invoice. Card data is processed by Stripe and never passed to the Provider. Prices are exclusive of VAT; applicable VAT depends on the Client’s country and status (reverse charge for a VAT-registered business established in another EU Member State). An invoice is issued for every payment. The Audit and Workshop fees are fully deducted from the first project ordered within 3 months of their delivery.

4. Delivery and Client obligations

Audit interview dates and the workshop date are agreed after the order. The Client makes the relevant people and representative documents available, and warrants it has the right to use those documents and data. Travel costs beyond 100 km from the Provider’s locations are stated in the quote and invoiced in addition. Subscriptions to third-party tools (ChatGPT, Claude, Gemini, Copilot, Make, n8n, Zapier, hosting, hardware) are taken out in the Client’s name and at its expense.

5. Best-efforts obligation

The Provider is bound by an obligation of means (best efforts). It commits to method, means and timelines, not to a result. It does not guarantee any level of quality of answers produced by an AI model, any specific time saving, nor the availability, prices or terms of third-party vendors, which it does not control. Time-saving estimates in the workshop report are measurements on real cases, not commitments. Every automation delivered includes a human handover on uncertain cases; the Client remains responsible for validating decisions based on the results.

6. Cancellation and refund policy

Needs Audit: cancellation with full refund up to 5 business days before the first interview. Once the first interview has taken place, the audit is due and the report is delivered. If no automatable task is identified, the Client keeps the report and nothing else is invoiced.
Demonstration Workshop: cancellation with full refund up to 5 business days before the agreed date. One free rescheduling up to 48 hours before the date. After that, the workshop is due; it may be rescheduled once in case of force majeure. If the Provider cancels and cannot offer a new date accepted by the Client, it refunds in full.
Projects on quote: amounts for stages already delivered remain due; the Client may stop after the prototype with no further commitment, as set out in the quote.
Maintenance: no minimum term; cancellation at any time by e-mail, effective at the end of the current month, with no refund for the month started.
Refunds are made to the original payment method within 10 business days.

7. Data and confidentiality

Documents and data accessed by the Provider are confidential and used only to perform the service. No data the Client identifies as sensitive is sent to an external AI provider without its written consent. Access credentials are revoked or returned at the end of the service. Where the Provider processes personal data on the Client’s behalf, a data processing agreement compliant with Article 28 GDPR is concluded. Processing of prospect data is described in the legal notice.

8. Ownership

Code, prompts, fine-tuned models and documentation produced specifically for the Client belong to the Client upon delivery, subject to payment of the sums due for that delivery. The Provider retains its pre-existing tools, methods and generic components, which the Client may use for the purposes of the service. Open models and third-party software remain subject to their own licences.

9. Liability

The Provider’s total liability is limited to the amount excluding VAT actually paid by the Client for the service concerned or, for a subscription, to the last three monthly payments. The Provider is not liable for loss of business, revenue, data or reputation, nor for indirect damage. The Client remains responsible for its backups and its own legal obligations.

10. Subcontracting and tools

The Provider may use tools and technical subcontractors under its responsibility, and will inform the Client on request.

11. Governing law and disputes

These terms are governed by Spanish law, without prejudice to mandatory provisions applicable to the Client in its country of establishment. The parties will first seek an amicable solution; failing that, the courts of Valencia (Spain) have jurisdiction, unless mandatory rules provide otherwise, in particular for public-law Clients.

12. Contact

For any question, rescheduling, cancellation or refund request: [email protected].