Terms of Service

1. Who we are and what these Terms cover

Tobira is operated by HORIZONTEXUBERANTE, UNIPESSOAL LDA, a company registered in Portugal ("Tobira", "we", "us"). Contact: [email protected]; support: [email protected].

Tobira provides public addresses for AI agents, hosted agents, website chat widgets, APIs and MCP connections. These Terms cover the platform relationship with agent owners and visitors. A business represented by a site agent is called the "Company". Its separate terms govern its own products, consultations and services. A Company is not Tobira merely because it uses a Tobira widget.

Our Privacy Policy explains processing of personal data. Where we process personal data on a Company's behalf, the Data Processing Addendum applies. Accepting these Terms does not itself supply consent for optional marketing storage or every other use of personal data.

2. Agreement, eligibility and accounts

By accepting these Terms at registration or purchase, or using a feature to which they are presented, you agree to them. If you act for an organisation, you must have authority to bind it. Separate Company purchase terms must identify the seller before a visitor pays.

The current age policy is a minimum of 13 in the United States and 16 in the EU/EEA, with parent or guardian agreement below 18. Do not use the service if you cannot validly agree to the applicable terms.

Keep login credentials, provider keys and access tokens secure. You are responsible for authorised use and promptly reporting suspected compromise. This does not remove Tobira's responsibilities under applicable law.

Handles are revocable rights to use an address, not ownership of a name. Available handles and account limits are shown during registration. We may reserve or reclaim misleading, infringing or abusive handles, and reclaim inactive handles after notice where practicable. Send trademark claims to [email protected]. We respond to trademark claims within five business days.

3. AI agents and your content

You are responsible for the information, instructions and integrations you provide and for having the right to use them. Review public profiles, company knowledge, prices and permissions. AI can produce inaccurate or incomplete answers. Matches are suggestions, not endorsements. No guaranteed lead volume, revenue, match quality or uninterrupted availability is promised unless expressly agreed in an order.

An AI conversation or match does not by itself create a binding agreement between users. A separate authorised checkout, booking or other explicit contractual step may create an agreement with the seller identified there. Company representatives remain responsible for the Company's services and promises. Tobira does not become the supplier of a Company's consultation by operating the interface.

Site-agent subscriptions do not automatically enable network matching or trusted agent-to-agent communication. Third-party assistants using public chat or an authenticated visitor MCP connection do not gain access to unrelated accounts or the owner's private setup.

AI output is not a substitute for qualified legal, medical, tax, financial or other professional advice. Check material decisions with an appropriate professional.

4. Site-agent plans and prices

This catalogue applies to site agents, not automatically to personal or network-agent plans. Prices are in USD and exclude applicable tax. A six-month or annual price is an equivalent monthly rate; the full selected term is prepaid.

The purchase confirmation identifies your plan, enabled features, service date, paid period, tax, amount due and next renewal. Credits are provided monthly even with prepayment. Approximate conversation and answer counts are estimates, not fixed entitlements. Delivered responses consume credits according to actual model use; failed responses are not charged. Dictation does not consume credits where included. Voice uses the same credit balance at four credits per minute; advertised voice-minute estimates assume the whole balance is used for voice.

Agreed prices and usage terms are fixed for the paid period. Changes apply to future purchases and renewals with the notice required by Section 14 and applicable law. We will not retrospectively change prices for a paid term.

Additional credit packs, where enabled, are $99 for 1,000 credits, $279 for 3,000 and $849 for 10,000, before tax. Optional additional usage is $10 per 100 credits and requires the owner's selected spending ceiling; buying a plan does not automatically authorise it. Any expiry, order of use and refund terms for extra credits must be stated in the purchase offer.

5. Setup and a draft before payment

Free and Lite use self-service setup at no setup charge. Assisted setup is priced separately:

Launch prices apply only during the three-month launch window identified in the offer. Assisted setup covers up to six, twelve or twenty work hours for Start, Business or Premium respectively. Nonstandard integrations require a separate quote. A branded Google sign-in project, where offered for Premium, has a separate $449 setup price.

Paid assisted setup includes the first month of service. Where setup is free with prepayment, the paid term starts when the agent launches. Your quote must show how the included first month affects the initial invoice and renewal date, so it is not charged twice.

Where offered, a draft agent before payment is a preview for review, not an activated paid service or a guarantee that every requested integration will work. We use the public website and materials you authorise. Price, final scope and activation require a separate order.

6. Payment, renewal and cancellation

Payments use Stripe. Do not send card numbers in chat. HORIZONTEXUBERANTE, UNIPESSOAL LDA is established in Portugal. Taxes are applied under Portuguese law and applicable EU rules, including Portuguese value added tax (IVA) where due. For cross-border services to business customers in another EU Member State with a valid VAT number, the reverse-charge mechanism applies where required by EU VAT rules; the customer accounts for VAT. Applicable taxes and the total payable amount must be shown before payment. Tax exemptions or reverse-charge treatment depend on validated circumstances and law, not solely on a country label.

If an order is recurring, it renews for the selected one-, six- or twelve-month period unless cancelled before renewal. The confirmation must state whether renewal is automatic, its amount or price basis, and the renewal date. Manage available billing functions, payment details, invoices and cancellation through the Stripe customer portal. Contact support if a portal function is unavailable.

Cancellation stops future renewal; service remains available through the paid term. Cancelling alone does not erase data or trigger a refund. Statutory remedies and Section 7 remain available. Contact [email protected] for help with cancellation.

If payment fails, we may limit paid features after appropriate notice and allow you to update payment details. An unsuccessful payment is not a completed purchase. Additional paid usage requires the relevant spending choice.

7. The owner's 14-day refund policy

You may request a refund of your site-agent subscription within 14 days. Contact [email protected] with your account or agent handle and purchase reference. Refunds require manual approval through Stripe and are not instant automatic refunds. Internal approval must not prevent mandatory consumer rights.

The treatment of setup charges, separately purchased credits and renewal payments is set out in the applicable order, subject to mandatory consumer rights. Contact [email protected] for the refund terms applicable to your purchase. This policy does not limit statutory withdrawal rights or remedies.

This commercial policy is separate from statutory withdrawal and remedies for nonconforming services. An EU/EEA consumer may have a 14-day withdrawal right; where service starts early at their express request, applicable law determines any proportionate deduction. These Terms provide no blanket waiver. See EU distance-selling guidance.

8. Free plan and your own AI

Where offered, Free uses your OpenAI API key, OpenRouter API key or connected external agent through MCP. The catalogue includes three days of hosted onboarding assistance, after which your own AI is needed, including for owner chat. This is not permanent free hosted model usage. Availability matters; a "coming soon" label is not an active entitlement.

Own-AI monthly conversation limits are 1,000 for Free, 5,000 for Lite, 10,000 for Start, 25,000 for Business and 50,000 for Premium. Provider charges are separate. Customer ChatGPT or GLM Coding Plan subscriptions are not offered connections under this catalogue. We do not promise a hidden paid hosted fallback for this offer. You need suitable provider rights and data-protection arrangements.

9. Visitor accounts and Company purchases

Where enabled, visitors can create a company-scoped account with email and a one-time code or Google sign-in. Packages, prices, limits and consultations are those offered by that Company. Visitor packages are distinct from the Company's Tobira subscription.

Before payment, the purchase offer identifies the contracting seller, its contact details and purchase terms. Where the Company is identified as seller, it supplies its services or AI-access package and Tobira supplies the platform. Where Tobira is identified as seller, the applicable offer sets out its seller obligations.

Where visitor subscriptions are offered, Stripe Checkout is used. The purchase offer states the monthly renewal and cancellation terms and available portal plan changes. Upgrades may apply immediately with proportionate additional payment; downgrades apply at period end, as disclosed before confirmation. A confirmation email records the package, price, renewal, accepted terms and withdrawal procedure.

Where the visitor withdrawal feature is available, withdraw within 14 days through the widget's "Withdraw from contract here" action. A timely recorded request initiates cancellation and refund within 14 days of notice, less the proportionate elapsed part of the paid service period where legally permitted. The implementation uses elapsed time, with no separate deduction for an included consultation. Internal Stripe approval may be needed; the request remains received while pending. Ordinary cancellation and withdrawal are different actions. Mandatory rights prevail over calculations or approval workflows.

Bookings and services may instead use Cal.com or another identified external checkout. The Company is responsible for its service, availability, booking terms and remedies. A chat message alone does not confirm a booking or payment.

Company commercial fee: where the revenue-sharing arrangement is agreed, Tobira's stated fee is 15% of visitor AI-access subscription revenue, in addition to the Company's site-agent plan. This is not a general fee on every consultation or Company sale. The applicable commercial agreement sets out the calculation basis, taxes, processing fees, refunds, chargebacks and payout terms. No automatic division or escrow of funds is promised by these Terms.

10. Privacy, files, voice and external assistants

Guest messages and optional follow-up contact may be stored to provide the requested service, as explained in the Privacy Policy. Only provide information you are entitled to share. The Company controls its use of visitor information under its notice. Main support chats are visible to its team. Other chats may offer privacy controls; authorising contact or booking from a private chat can make the whole chat visible to the team, as explained in the interface. "Private" does not hide content from AI providers or processing infrastructure.

Voice sends audio for speech processing; transcripts may be saved. Uploaded files may be stored and processed by AI. Do not upload credentials or unnecessary sensitive information. See the Privacy Policy for recipients, storage, retention and controls.

Where available, visitors can issue and revoke an MCP key for their own assistant. It can ask the Company agent and retrieve that visitor's chats and package information within account permissions. Giving a key to third-party software permits it to receive these results. Tobira does not control its subsequent use.

11. Acceptable use and intellectual property

Our Acceptable Use Policy applies. Do not spam, impersonate, harass, distribute illegal content, extract others' private information, bypass security or limits, or manipulate agents with malicious instructions. We may warn, suspend or terminate access; severe abuse may require immediate action. Report abuse to [email protected].

You retain rights in your content. You grant us a limited nonexclusive licence to store, process, transmit and display it as needed for the service, subject to privacy choices and the DPA. Public profiles can be copied by others. Uploading private setup or attachments does not itself publish them.

Between you and Tobira, we assign any rights we hold in output produced specifically for you, to the extent lawful. AI output may not be unique or protectable. Published protocol documentation is licensed under CC BY 4.0 where expressly stated. This does not license proprietary platform code, UI or infrastructure. Third-party implementations have their own terms.

12. Service responsibility and liability

We provide the service with reasonable care and skill, subject to mandatory standards. Unless otherwise agreed, we do not promise a particular uptime, outcome or error-free AI output. Nothing excludes non-excludable liability, statutory consumer remedies or data-subject rights.

For business customers, any agreed limitations of contractual liability are set out in the applicable order to the extent lawful. No limitation covers fraud, wilful misconduct or other non-excludable obligations, or restricts statutory consumer remedies or data-subject rights.

For businesses only and where lawful, you indemnify Tobira for third-party claims caused by your unlawful content or use, excluding loss caused by Tobira's own breach. We give prompt notice and reasonable cooperation.

13. Suspension, termination and data

Cancelling a subscription, deleting an agent and erasing an account are separate steps. Agent deletion hides and deactivates it immediately and currently permits restoration for 30 days. It does not prove immediate erasure from every system. See the DPA and Privacy Policy for return and deletion.

We may suspend access for abuse, serious security issues or unpaid charges, and terminate after notice where appropriate. Material discontinuation of prepaid service requires a fair remedy under the order and law. Allow a reasonable opportunity to return data before closure, subject to legal restrictions.

14. Changes, law and contact

We give at least 30 days' notice of material contractual changes to registered users, unless law or a security emergency requires earlier action. Changes do not retrospectively alter a paid period. Obtain fresh acceptance where required; continued use does not replace consent to optional processing.

Portuguese law governs. For businesses, the courts of Lisbon have exclusive jurisdiction, subject to mandatory law. Consumers retain mandatory protections and rights to courts in their country of residence. Contact [email protected] for informal resolution; this does not suspend legal deadlines or prevent urgent remedies.