← Back to Legal

Terms of Service

Draft — pending external legal review. This document sets out the product requirements and decisions that the final text must reflect; it has not been reviewed by a lawyer. It does not constitute legal advice and is not a publishable final version.

Last updated: [EFFECTIVE DATE]

1. Who we are and what this document covers

iNTELIGENCIA VIVA is a product and brand operated by ZARZA CORP, S.A. ("we", "us", "the Company"), with its registered address at Concepción de San Rafael, Heredia, Costa Rica and governed by the laws of Costa Rica. iNTELIGENCIA VIVA is a customer-conversation platform that combines human agents and AI agents in a single inbox, offered across the three layers described in Section 3. These Terms of Service ("Terms") govern the use of any of those three layers by any person or entity ("You", the "Customer"), including use through a Workspace (a business's account within the product).

The name of both the product and the Company behind it is always "iNTELIGENCIA VIVA", written with a lowercase initial "i" and no category descriptor attached.

By creating a Workspace, installing the WordPress Plugin, embedding the free Directory snippet, or otherwise accessing the Service, You agree to these Terms. If You act on behalf of an organization, You represent that You have authority to bind it.

2. Definitions

3. Description of the Service

The Service is offered across four plans grouped into three infrastructure layers, following the rule that governs the entire business model: each backend layer runs on the infrastructure of whoever pays for it.

  1. Free Directory (US$0). An HTML/CSS/JS snippet that runs entirely in the browser of a visitor to the Customer's site, with no backend of ours and no account requirement.
  2. Free WordPress Plugin (US$0). Same scope as the Directory, packaged as a native plugin whose backend runs entirely on the WordPress hosting the Customer already pays for.
  3. Paid platform (Pro, Business, and Enterprise plans). Real-time chat, AI with memory and the business's own knowledge, handoff to a human agent, a unified multichannel inbox, and access to the public API, hosted on our infrastructure (Cloudflare) or, for Enterprise, on-premise under a separate agreement.

The specific features of each plan (Pro, Business, Enterprise) and current pricing are published on the site's Pricing page and may be updated with reasonable notice.

4. Accounts and eligibility

To use the paid platform or the WordPress Plugin's panel, the Customer must create an account with an email and password, or by signing in with Google. The Customer is responsible for keeping its credentials confidential and for all activity that occurs under its Workspace. The Customer must have the legal capacity to contract and, if representing an organization, the authority to do so.

5. Plans, pricing, and billing

Paid plans are billed per Workspace, not per human Agent — human Agents are unlimited on every paid plan. What is metered and billed is AI usage, measured in "resolutions": a conversation the AI closes without needing a human Agent to step in. Each plan includes a set number of monthly resolutions; additional resolutions are billed per unit at the plan's current rate. Metering and billing of resolutions are implemented through Stripe (metered billing) and reflected in the Workspace's billing portal.

Payments are processed through Stripe. The Customer authorizes recurring charges according to the chosen plan and is responsible for keeping a valid payment method on file. Applicable taxes are the Customer's responsibility unless the law provides otherwise. Plan changes (upgrades or downgrades) are prorated according to Stripe's standard rules.

6. Open Core

The free client-side Directory, the free WordPress Plugin, and any backend libraries we release as open source are distributed under the Apache License 2.0. The license text accompanies the corresponding source code and prevails over any conflicting provision of these Terms with respect to that specific code. The Apache License 2.0 permits commercial use, modification, and redistribution, without warranty, subject to the attribution conditions it sets out. Using the Open Core does not require accepting these Terms except to the extent it connects to the paid platform.

7. Customer Content and Contact data

The Customer retains ownership of its Content. It grants us a limited, non-exclusive license to store, process, and transmit that Content to the extent necessary to provide the Service, including processing by the AI models the Service uses (ours or third-party, depending on the configured model router).

Where Content includes personal data of a Contact, the Workspace acts as the data controller and we act as the data processor, on the terms set out in the Data Processing Agreement. The Customer is responsible for having an adequate legal basis for its Contacts to communicate with it through the Service and for providing them with the relevant privacy information.

8. Acceptable use

Use of the Service, including the API, is subject to the Acceptable Use Policy, incorporated here by reference. Non-compliance may result in suspension or termination under Section 11.

9. Intellectual property

"iNTELIGENCIA VIVA" and its associated brand elements are owned by the Company. These Terms do not transfer any intellectual property right in the Service other than the limited license of use described here, and do not affect the open-source licenses in Section 6.

10. Service availability

We pursue reasonable Service availability, with scheduled and, where possible, announced maintenance. Enterprise plans may include a separate contractual service level agreement (SLA). The free tier (Directory and WordPress Plugin) is provided "as is", with no availability guarantee and no contractual support.

11. Termination

Either party may terminate a paid plan relationship at any time; termination does not entitle the Customer to a refund of already-billed periods unless applicable law provides otherwise. We may suspend or terminate a Workspace's access immediately in the event of non-payment, breach of the Acceptable Use Policy, or a security risk to the Service or other Workspaces. On termination, the data retention and deletion rules described in the Privacy Policy and the Data Processing Agreement apply.

12. Warranties and limitation of liability

The Service is provided "as is" and "as available". To the maximum extent permitted by applicable law in Costa Rica, we do not warrant that the Service will be uninterrupted or error-free, and our aggregate liability to the Customer is limited to the amounts actually paid by the Customer in the twelve (12) months preceding the event giving rise to the claim. We are not liable for indirect, incidental, or consequential damages.

13. Indemnification

The Customer will indemnify us against third-party claims arising from its Content, misuse of the Service, or breach of these Terms or the Acceptable Use Policy.

14. Governing law and jurisdiction

These Terms are governed by the laws of Costa Rica, without prejudice to any consumer-protection rules that mandatorily apply in the Customer's country of residence. Any dispute will be submitted to the competent courts of Costa Rica, unless the law provides otherwise.

15. Changes to these Terms

We may update these Terms to reflect changes in the Service or in legal requirements. We will notify material changes with reasonable advance notice through the site or by email to Workspace administrators. Continued use of the Service after changes take effect constitutes acceptance of the new Terms.

16. Contact

Questions about these Terms: legal@inteligenciaviva.com.