Terms and Conditions.
1. 1. Definitions
In these terms, Fenna means the AI phone answering service offered by Fenna Ltd, Bond House, 216 Sheriff Street Upper, Coopers Cross, Dublin 1, D01 K1W5, Ierland, also referred to as we or us; you means the business customer entering into an agreement with us; the service means the Fenna platform, including the AI receptionist, the dashboard and related features; the agreement means your order or sign-up, these terms, the privacy statement and the data processing agreement taken together. Fenna is intended for business use only; these terms are not written for consumers.
2. 2. The service and what falls outside it
Fenna answers phone calls for your business with an AI receptionist, handles requests such as reservations according to the settings you choose, and gives you insight into those calls through the dashboard. Fenna is not a telephony provider: you keep your own phone number and phone plan and set up call forwarding to Fenna yourself. Fenna is also not an advisory or emergency service; it is not intended for emergency calls and not suitable for providing medical, legal or other professional advice to callers. Features that are not included in your plan or the agreement are not part of the service.
3. 3. Account and access
To use Fenna you create an account and keep the account details accurate and up to date. You keep login credentials confidential and share them only with people in your organisation who are authorised to use the account on your behalf. Everything that happens under your account is your responsibility, so notify us immediately if you suspect misuse or loss of credentials. We may temporarily restrict access to an account where necessary to address a security risk.
4. 4. Subscription, bundles and overage
Your subscription includes a monthly usage bundle; the size of your bundle and the rate for usage above it are stated with your plan. Usage above the bundle is charged on your next invoice. We invoice monthly and all prices exclude VAT. You can cancel your subscription on a monthly basis, with cancellation taking effect at the end of the current billing period; if you choose an annual plan with a discount, that plan runs for the agreed annual term.
5. 5. Payment
You pay by invoice or direct debit, within the payment term stated on the invoice. If you do not pay on time, we first send a reminder; if payment still does not follow, we may suspend the service until the outstanding amount has been settled. In the event of continued non-payment we may charge statutory commercial interest and reasonable collection costs and terminate the agreement. Suspension of the service does not release you from your obligation to pay for the period already provided.
6. 6. Fair use and abuse
You use Fenna only for the normal phone availability of your own business. You must not use the service for spam or unsolicited outreach, for illegal purposes, for offering medical or legal services through Fenna, or to generate artificial traffic that burdens the service or our systems. You must not disrupt, circumvent or reverse engineer the service. In the event of abuse, or a reasonable suspicion of it, we may suspend the service immediately and, in the case of serious or repeated breaches, terminate the agreement.
7. 7. Your responsibilities
You make sure the business details Fenna relies on, such as opening hours, capacity, prices and instructions, are accurate and up to date; the quality of the calls depends directly on them. You provide a working phone number of your own and set up and maintain the call forwarding to Fenna. Where legislation requires it, you inform your guests and callers, for example about the fact that they are speaking to an automated system or about how their data is processed. You remain responsible for your own service to your guests and for complying with the rules that apply to your business.
8. 8. Limitations of AI
Fenna runs on artificial intelligence, which can make mistakes: a caller may be misheard, an answer may be incorrect or incomplete, and a request may be recorded wrongly. That is why you review your settings and approve the test call before Fenna goes live for your business. Call outcomes are not advice and you should not base decisions on them without your own checks where it matters. We continuously improve the service, but we cannot guarantee that every call will be flawless.
9. 9. Availability and maintenance
We make every reasonable effort to keep Fenna running well and without interruption, but we do not guarantee any particular uptime. The service also depends on third parties, such as telephony and hosting providers, and may be temporarily unavailable or degraded due to maintenance or outages. We carry out planned maintenance during low-traffic periods where possible and announce it in advance where reasonably practicable. Please arrange a reasonable fallback for situations where phone availability is critical to your business.
10. 10. Intellectual property
All intellectual property rights in Fenna, including the software, the models, the dashboard and the documentation, belong to us or our licensors. For the duration of the agreement you receive a limited, non-exclusive and non-transferable right to use the service for your own business. The data you enter into the service remains yours. If you give us feedback or suggestions, we may use them freely to improve the service, without compensation or obligation.
11. 11. Confidentiality
Both parties keep each other's confidential information secret and use it only to perform the agreement. Confidential information is any information you can reasonably understand is not meant for third parties, such as pricing, customer data and technical or commercial information. This obligation does not apply to information that is already public, that the recipient demonstrably already knew, or that must be disclosed under law or a court order. The confidentiality obligation survives the end of the agreement.
12. 12. Processing of personal data
When you use Fenna, we process personal data of your callers and guests on your behalf; you are the controller and we are the processor. The data processing agreement forms part of the agreement and governs matters such as security, confidentiality and the handling of data breaches. How we handle personal data is set out in our privacy statement. The subprocessors we currently use: a database and account platform (EU-Ireland), providers for speech technology, language models and speech recognition (US), telephony and messaging providers (US/EU), a hosting provider (US/EU), an email provider (US) and a payment provider (EU). You can raise questions about privacy and data processing via privacy@heyfenna.com.
13. 13. Limitation of liability
Our total liability per event or series of connected events is limited to the amount you paid for the service in the three months preceding the event. We are not liable for indirect damage, including lost profit or revenue, missed reservations, loss of data or reputational harm. These limitations apply to the extent permitted by law and therefore do not apply to damage caused by our intent or deliberate recklessness, or in other cases where liability cannot lawfully be limited. You must notify us of a claim as soon as reasonably possible after discovering the damage.
14. 14. Indemnification
You indemnify us against third-party claims arising from your use of the service in breach of the agreement or the law, from inaccurate or incomplete information you have provided, or from your failure to meet your own legal obligations towards your guests and callers. This indemnity also covers the reasonable costs we incur in defending against such claims. We will inform you as soon as possible of any claim for which we rely on this indemnity and will reasonably coordinate its handling with you.
15. 15. Term and termination
The agreement remains in force for as long as you hold a subscription with us. You may cancel as described in section 4; we may terminate the agreement if you materially breach these terms and fail to remedy the breach after a warning with a reasonable cure period, or if your business becomes insolvent or is wound up. When the agreement ends, your access to the service ends and we delete your data in accordance with the retention periods in our privacy statement. Provisions that by their nature are intended to survive, such as confidentiality, liability and governing law, continue to apply after termination.
16. 16. Changes to these terms
We may change these terms, for example when the service changes or legislation requires it. We announce any material change at least thirty days before it takes effect, by email or through the dashboard. If you do not agree with a change, you may cancel the agreement before the change takes effect; if you continue using the service afterwards, the amended terms apply. Minor changes that do not disadvantage you, such as clarifications, may take effect without prior notice.
17. 17. Governing law and jurisdiction
The agreement is governed by the laws of Ireland, excluding the United Nations Convention on Contracts for the International Sale of Goods. Any dispute we cannot resolve together will be submitted to the competent courts of Ireland, which have exclusive jurisdiction. We will always try to resolve a dispute amicably first before either of us goes to court.
18. 18. Final provisions
If any provision of these terms is invalid or unenforceable, the remaining provisions remain in full force and we will replace the invalid provision with a valid one that comes as close as possible to its intent. The agreement constitutes the entire agreement between you and us regarding the service and supersedes any prior arrangements on the same subject. You may not assign the agreement without our written consent; we may assign it to a group company or in connection with an acquisition, provided your rights are not adversely affected. If we do not enforce a provision on one occasion, that does not mean we waive it.
Also legal:Privacy PolicyData Processing Agreement (DPA)Ethical AI Framework