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1. Introduction
These Terms & Conditions ("Terms") form a binding agreement between Techfyte Innovations - FZCO, a free zone company registered in Dubai, United Arab Emirates, with its registered office at DSO IFZA, IFZA Properties, Dubai Silicon Oasis, Dubai, UAE, which owns and operates Maica ("Maica", "we", "us" or "our"), and the business or organisation that registers for or uses the Services ("Customer" or "you").
The "Services" are the Maica website, dashboard, APIs, AI voice and chat agents ("Agents"), telephony and messaging features, and all related software and support.
These Terms include our Acceptable Use Policy and Data Processing Agreement. If these documents conflict, the following order applies: (1) a signed order form or enterprise agreement; (2) the Data Processing Agreement, for personal data; (3) the Acceptable Use Policy; (4) these Terms.
By creating an account, accepting these Terms online or using the Services, you agree to these Terms. If you do not agree, do not use the Services.
2. Eligibility
The Services are for business use only and are not offered to consumers. You confirm that you are at least 18 years old, that you are authorised to accept these Terms for your organisation, and that your organisation is not prohibited by sanctions from using the Services.
3. Your account
Keep your registration details accurate and your login details and API keys secure. You are responsible for all activity under your account, including activity by your team members and integrations. Tell us at [email protected] as soon as you suspect unauthorised access. We may ask you to verify your identity, business and intended use before we activate or continue any feature.
4. The Services
Maica provides software that lets you build, configure and run Agents that hold voice and chat conversations with people you choose ("End Users"). You control each Agent's instructions, scripts, knowledge sources, voice, contact lists, schedules and integrations ("Agent Configuration").
Maica is a technology provider only. You decide whom your Agents contact, when and for what purpose. Every call and message made through your account is made by you and on your behalf, not by Maica.
We may change and improve the Services. We will give reasonable notice before removing a material feature from a paid plan.
Trials, beta features and free credits. Free trials, promotional credits and features labelled beta, preview or early access are provided as is, without warranty, support or service levels, and may be changed or withdrawn at any time. Credits have no cash value, cannot be transferred or refunded, and may expire.
Availability. The Services may be unavailable during maintenance, which we try to announce in advance, or because of events outside our control. Some features, phone numbers and voices are not available in every country.
5. Your legal responsibilities
You are solely responsible for making sure that your use of the Services, your Agent Configuration and every call and message sent through your account comply with all applicable laws, including the laws of the country where you operate and the country where each End User is located. Laws differ from country to country; knowing and following the rules that apply to you is your responsibility. In particular, you must:
- obtain every consent required before calling, messaging or recording an End User, including consent for automated or AI-voice calls;
- check Do-Not-Call and similar registers, keep to permitted calling hours, and act promptly on opt-out requests;
- tell End Users that they are speaking with an AI system, and that the call may be recorded, wherever the law requires it;
- have a lawful basis for processing End User personal data and give the privacy notices the law requires;
- hold every licence, registration and approval your business and campaigns need, including telecom sender, header and number registrations; and
- give End Users a way to reach a human where the law or the circumstances require it.
Maica may offer tools that help with these duties, such as AI disclosure and opt-out features. Providing or using those tools does not transfer any of your legal responsibilities to Maica. Maica does not give legal advice and does not check whether your use is lawful in any country.
6. Acceptable use
You must comply with our Acceptable Use Policy, which lists prohibited uses and the industries that need our prior written approval.
Maica has no obligation to monitor how you use the Services. We may, however, review Agent Configuration, call metadata and samples of content to protect the Services, End Users and others, and to enforce these Terms. Any review is for Maica's own purposes and does not make Maica responsible for your content or your compliance.
7. AI output
Agents generate responses using artificial intelligence. AI output can be wrong, incomplete or inappropriate, and similar output may be produced for other customers. You must test every Agent before it goes live, monitor it in use, and keep human oversight suited to your use case. Agents must not make final medical, legal, financial, credit or employment decisions; a qualified person must make or review those decisions. AI-generated content may not be protected by copyright. Maica does not guarantee any result, including bookings, sales, collections, hires or conversions.
8. No emergency use
The Services are not designed for emergency, life-safety or critical-care purposes. Do not rely on an Agent to handle emergencies, and make sure End Users can reach emergency services when they need to.
9. Customer Content and data
"Customer Content" means all material that you or End Users provide through the Services, including Agent Configuration, documents, contact lists, call audio, recordings, transcripts and outputs. You own your Customer Content and are responsible for it. You grant Maica a worldwide, non-exclusive licence to host, copy, process, transmit and display Customer Content only as needed to provide, secure and support the Services and to comply with law.
Agent training. Maica uses your Customer Content, such as scripts, knowledge documents, FAQs, sample conversations and call transcripts, to set up, train and improve the Agents, language understanding, intents and workflows in your account. The results are used only for your account and are never shared with, or used for, other customers. You may ask us to stop using call transcripts for this purpose, although Agent quality may be reduced. Maica does not use identifiable Customer Content to train general or shared AI models without your written agreement. We may use aggregated or de-identified data that does not identify you or any individual to operate and improve the Services.
Third-party AI providers. Some features use AI models supplied by third parties. Each provider handles the data it receives under its own terms, which may allow it to retain or use that data. Where a provider offers settings that switch off training or limit retention, we use them where reasonably available. Our obligations for these providers are set out in the Data Processing Agreement. Contact us before going live if you need to know which providers your Agents use.
Personal data in Customer Content is processed under our Data Processing Agreement, under which you are the controller and Maica is your processor.
10. Voices
Use only voices supplied by Maica or voices you have full rights to use. You must not create or use a voice that imitates a real person without that person's documented, informed consent.
11. Telephony and third-party services
Phone numbers, calls and messages are carried by telephony and messaging providers under their own terms, tariffs and rules, which you must follow. Maica is not a telecom operator and is not the telemarketer or sender of your campaigns. You are responsible for any registration or approval required by telecom regulators, such as TRAI in India and the TDRA in the UAE. Maica is not responsible for carrier outages, call blocking, spam labelling, number suspension, or any third-party service you connect, such as a CRM or calendar.
12. Fees and payment
You agree to pay the fees for your plan and your usage, including per-minute, phone number, telephony and messaging charges, as shown on our pricing page or order form. Fees exclude taxes, including VAT, which you must also pay. Subscriptions are billed in advance and renew automatically for the same period unless you cancel before the renewal date; cancellation takes effect at the end of the current billing period. Top-ups and credits added to your account, whether bought online or added by Maica after a bank transfer or invoice, are used to pay for usage at the rates shown. Refunds are handled under any refund terms we publish on our website or set out in your order form; until such terms are published, refund requests are reviewed case by case at Maica's discretion, except where the law requires otherwise. If you believe a charge is wrong, contact [email protected] within 30 days, before raising a chargeback with your bank.
13. Suspension
We may suspend or restrict all or part of the Services immediately, without liability, if we reasonably believe that:
- you have breached these Terms or the Acceptable Use Policy;
- your use may be unlawful in any country, or may expose Maica, End Users or others to legal, security or reputational harm;
- a carrier, regulator, court or other authority requires it; or
- an invoice remains unpaid 14 days after we have notified you.
Where the law allows, we will tell you the reason and restore access once the issue is resolved.
14. Cooperation with authorities
Maica may preserve and disclose information about your account, Agents, calls and messages when required by law, regulation, court order or a valid request from a competent authority, or when we believe in good faith that disclosure is needed to prevent fraud, harm or illegal activity. We may report suspected illegal use to carriers, regulators or law enforcement. Where the law allows, we will tell you about requests that concern your data.
15. Term and termination
These Terms apply while you use the Services. You may close your account at any time. We may end these Terms on 30 days' notice, or immediately if you materially breach them or if continuing would be unlawful for Maica. After termination you may export your Customer Content for 30 days; we then delete it as described in the Data Processing Agreement, unless the law requires us to keep it. Provisions that by their nature should continue, including those on fees, intellectual property, confidentiality, indemnity, limitation of liability and disputes, survive termination.
16. Intellectual property
Maica and its licensors own the Services, software, models, Maica-supplied voices, documentation and brand. You must not copy, resell, sublicense, reverse engineer or scrape the Services, or use the Services or their output to build or train a competing product or model. Maica may use any feedback you give without obligation to you.
17. Confidentiality
Each party will protect the other's non-public business, technical and commercial information with reasonable care and use it only to perform these Terms. On request or at termination, each party will return or delete the other's confidential information. These obligations continue for three years after termination, and for trade secrets for as long as they remain trade secrets.
18. Disclaimers
We provide the Services with reasonable skill and care. Apart from that, and to the fullest extent permitted by law, the Services and all AI output are provided "as is" and "as available", and Maica disclaims all other warranties, express or implied, including merchantability, fitness for a particular purpose, accuracy, non-infringement and uninterrupted or error-free operation.
19. Indemnity
You will defend, indemnify and hold harmless Maica and its affiliates, directors, employees and agents against all claims, demands, fines, penalties, losses, damages and costs (including reasonable legal fees) arising out of or relating to:
- your Customer Content or Agent Configuration;
- any call or message made through your account;
- your breach of these Terms, the Acceptable Use Policy or the Data Processing Agreement;
- your breach of any law or regulation in any country, including laws on telemarketing, consent, call recording, data protection, consumer protection, employment, healthcare, financial services and gaming; or
- any dispute between you and an End User or other third party.
Maica will defend you against a third-party claim that the Services, used as these Terms permit, infringe that party's intellectual property, and will pay any damages finally awarded by a court. This does not apply to claims arising from Customer Content, Agent Configuration, or use of the Services with anything not supplied by Maica.
20. Limitation of liability
To the fullest extent permitted by law:
- neither party is liable for indirect, incidental, special, consequential or punitive damages, or for loss of profits, revenue, business, goodwill or data; and
- Maica's total liability arising out of or relating to these Terms is limited to the fees you paid Maica in the 12 months before the event giving rise to the claim.
These limits do not apply to your payment obligations, your indemnity obligations, either party's fraud or wilful misconduct, or any liability that cannot be limited by law.
21. Changes to these Terms
We may update these Terms from time to time. We will give at least 30 days' notice of material changes by email or in the dashboard. If you continue to use the Services after a change takes effect, you accept the updated Terms.
22. Governing law and disputes
These Terms are governed by the laws of the United Arab Emirates as applied in the Emirate of Dubai. Before starting formal proceedings, a party must give the other written notice of the dispute, and both parties will try in good faith to resolve it within 30 days. A dispute not resolved in that time will be finally settled by arbitration under the Arbitration Rules of the Dubai International Arbitration Centre (DIAC), seated in Dubai, in English, before a sole arbitrator. Claims may be brought only individually, not as a class, collective or representative action. Either party may seek urgent injunctive relief from any competent court.
23. General
You may not assign these Terms without our written consent; we may assign them to an affiliate or to a successor to our business. Neither party is liable for delay or failure caused by events beyond its reasonable control. If any provision is found unenforceable, the rest remains in effect. Not enforcing a right is not a waiver of it. You must comply with all applicable export control and sanctions laws. We send service, security and billing notices electronically, and you cannot opt out of them while you use the Services. The English version of these Terms prevails over any translation. These Terms, with the documents they refer to, are the entire agreement between the parties on their subject.
24. Contact
Techfyte Innovations - FZCO (operating Maica), DSO IFZA, IFZA Properties, Dubai Silicon Oasis, Dubai, UAE.
Support and legal: [email protected] · Sales and enterprise: [email protected]