Termeni și Condiții

1. PREAMBLE AND ACCEPTANCE

These Terms and Conditions ("Terms") constitute a legally binding agreement between ELYSIUM MEDIA INDUSTRIES S.R.L., a company incorporated under the laws of Romania, with its registered office in Cluj-Napoca, Str. Izlazului 18, registered with the Trade Registry under no. J12/5109/2022, fiscal code 46671160 ("Company", "we", "us", or "our"), and the individual or legal entity accessing or using our software-as-a-service platform known as Sales Flow ("Service", "Platform", or "User").

By creating an account, subscribing to, or using Sales Flow, you expressly agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Service.

2. DESCRIPTION OF SERVICE

Sales Flow is a lead management and automation platform designed to assist businesses in processing inquiries. The Service includes:

• CRM functionality for lead storage and management.
• AI Agent capabilities: Automated voice calling, SMS messaging, and scheduling (via Google Calendar integration).
• AI Interaction: Real-time call participation, recording, transcription, and offer generation based on defined parameters.
• Contract Automation: Generating service contracts based on templates and AI-derived data.

3. ARTIFICIAL INTELLIGENCE DISCLAIMER (IMPORTANT)

3.1. Nature of AI.

The Service utilizes advanced Artificial Intelligence (AI) technologies, including Generative AI, to interact with leads, generate transcripts, formulate offers (Low/Medium/High), and draft contracts.

3.2. No Guarantee of Accuracy ("Hallucinations").

You acknowledge that AI systems may occasionally produce incorrect, misleading, or "hallucinated" information. The Company does not guarantee that the AI agents will always perform without error, understand context perfectly, or generate legally binding contracts without flaws.

3.3. Human-in-the-Loop Requirement.

You agree that you are solely responsible for reviewing and verifying:

• All offers generated by the AI before they are sent to your leads.
• All contracts populated by the AI before they are signed or executed.
• The accuracy of call transcripts and summaries.

3.4. Limitation of Liability for AI Output.

ELYSIUM MEDIA INDUSTRIES S.R.L. SHALL NOT BE LIABLE for any direct, indirect, incidental, or consequential damages arising from:

• Incorrect pricing or terms offered by the AI Agent.
• Errors or omissions in contracts generated by the Platform.
• Misinterpretation of user intent by the AI.
• Any loss of business or reputation resulting from AI interactions.

4. COMPLIANCE, RECORDING, AND DATA PRIVACY (GDPR)

4.1. Role of Parties.

Under the General Data Protection Regulation (GDPR), the User is the Data Controller of the leads' personal data, and the Company is the Data Processor.

4.2. User Warranties Regarding Leads.

You represent and warrant that you have obtained all necessary consents and legal bases to contact the leads imported into the CRM via phone, SMS, or email. You explicitly guarantee that contacting these individuals does not violate GDPR, e-Privacy Directives, or national anti-spam laws.

4.3. Call Recording & Transparency.

The Service includes a feature where the AI Agent participates in and records calls.

• The AI Agent is configured to announce at the beginning of the call that the conversation is being recorded.
• You agree not to disable, circumvent, or obscure this announcement.
• You assume full liability for ensuring that the recording of calls complies with the laws of the jurisdiction where your leads are located.

4.4. Third-Party Participants.

If the AI Agent joins a video conference (Zoom, Google Meet), you are responsible for notifying all participants of the AI's presence and its recording function.

5. SUBSCRIPTION AND PAYMENTS

5.1. Subscription.

The Service is offered on a monthly subscription basis. By subscribing, you authorize us to charge your payment method on a recurring monthly basis.

5.2. No Trial.

Currently, we do not offer a free trial period. Access to the Service is granted immediately upon payment.

5.3. Refund Policy.

We aim for full customer satisfaction. If you are not satisfied with the Service, you may request a refund by contacting our support team. Refunds are processed at the Company's sole discretion or as required by applicable EU consumer protection laws (if you are a consumer). For business customers (B2B), refunds are generally considered on a case-by-case basis based on usage.

6. INTELLECTUAL PROPERTY

6.1. Platform Rights.

All rights, title, and interest in and to the Sales Flow platform, including its code, algorithms, and AI configurations, belong exclusively to Elysium Media Industries S.R.L.

6.2. User Data.

You retain ownership of your lead data and the specific content of your contracts and offers. You grant us a license to process this data solely to provide the Service.

7. PROHIBITED USE

You agree not to use Sales Flow to:

• Engage in unsolicited cold calling or "spam" activities in violation of law.
• Harass, threaten, or defraud individuals.
• Record individuals without their knowledge where prohibited by law.
• Reverse engineer or attempt to derive the source code of the Platform.

8. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ELYSIUM MEDIA INDUSTRIES S.R.L. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

9. GOVERNING LAW AND JURISDICTION

These Terms shall be governed by and construed in accordance with the laws of Romania. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the competent courts in Cluj-Napoca, Romania.

10. CONTACT INFORMATION

For any questions regarding these Terms, please contact us at: