Terms of Service

Last updated: January 10, 2026

1. Introduction and Acceptance

These Terms of Service ("Terms") govern your access to and use of Totem Studio’s website and the Totem Voice Panel platform and related services (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms.

2. Eligibility

The Service is intended for businesses and professionals. You must be at least 18 years old to use the Service and have authority to bind the organization you represent.

The Service is available worldwide, subject to applicable laws and any technical limitations.

3. Account Registration

You must provide accurate and complete information when creating or requesting access to an account.
You are responsible for maintaining the confidentiality of your credentials and for all activity under your account.
You must promptly notify us of any unauthorized access or suspected security incident.

4. Service Description

Totem provides an AI-enabled platform that may include voice calling, omnichannel messaging (where enabled), dashboards, analytics, and integrations. Features may vary by plan and may change over time.

5. Subscription Plans and Billing

Subscription fees and plan features are described on our pricing page and in the Service. Current example monthly plan prices include: Starter (€59), Launch (€99), Growth (€199), Scale (€399), and Enterprise (€699).

Billing cycle: Subscriptions are billed in advance on a recurring basis (monthly unless otherwise stated).
VAT/Taxes: Taxes (including VAT) may apply depending on your location and tax status.
Add-ons: Additional usage (e.g., minutes/messages) may be billed according to the rates shown in the Service.
Payment provider: Payments are processed by Stripe. You authorize us and Stripe to charge your selected payment method.

We may update prices and plan terms from time to time. If we increase subscription prices, we will provide reasonable advance notice.

6. Refund and Cancellation Policy

You can cancel your subscription at any time. Unless required by applicable law, fees are non-refundable and we do not provide refunds or credits for partially used billing periods. Your access will remain active until the end of the current paid period, unless terminated earlier for cause.

7. Acceptable Use

You agree not to use the Service for unlawful, harmful, or abusive activities, including:

Spam, unsolicited outreach, or unlawful robocalling/automated messaging.
Harassment, threats, hate speech, or exploitation.
Impersonation, fraud, deceptive practices, or unlawful surveillance.
Uploading or processing data you do not have the right to use.
Attempting to bypass security, usage limits, or access controls.

8. Service Levels and Changes

We aim to provide a reliable Service, but availability may be affected by maintenance, updates, third-party dependencies, or events beyond our reasonable control. Unless expressly agreed in writing (e.g., an Enterprise agreement), the Service is provided on a best-effort basis without a guaranteed service level.

9. Data Ownership and Processing

As between you and Totem, you retain ownership of your content and customer data that you submit to or generate via the Service (including call recordings and transcripts, where enabled). You grant Totem a limited license to process such data solely to provide and improve the Service, maintain security, comply with law, and support you.

Totem typically acts as a data processor for end-user personal data processed in your workspace, and you are typically the controller. You are responsible for providing appropriate notices to and obtaining any required consents from your end users.

You can delete conversations/calls from the panel. We will remove deleted data from active systems within a reasonable period, subject to technical constraints (e.g., backups) and legal obligations.

10. Intellectual Property

Totem and its licensors own all rights, title, and interest in and to the Service, including software, designs, branding, and documentation, except for your content. You may not copy, modify, distribute, sell, or lease any part of the Service except as permitted by these Terms.

11. Disclaimers

The Service includes AI-generated outputs and automations. AI results may be inaccurate or incomplete. You are responsible for reviewing outputs and ensuring compliance with laws applicable to your use case (including telemarketing, call recording, and privacy laws).

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TOTEM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TOTEM’S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO TOTEM FOR THE SERVICE IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.

13. Indemnification

You agree to defend, indemnify, and hold harmless Totem from and against any claims, damages, liabilities, losses, and expenses (including reasonable attorneys’ fees) arising from your use of the Service, your content/customer data, or your violation of these Terms or applicable law.

14. Termination

We may suspend or terminate your access to the Service if you violate these Terms, if required by law, or to protect the security and integrity of the Service. Upon termination, your right to use the Service will cease. Certain obligations (including payment obligations, disclaimers, limitation of liability, and indemnification) will survive termination.

15. Modifications to Terms

We may update these Terms from time to time. If changes are material, we will provide reasonable notice (for example, by posting a notice on the Service). Continued use of the Service after the effective date of updated Terms constitutes acceptance.

16. Governing Law and Disputes

These Terms are governed by the laws of Spain, without regard to conflict of law principles. Any dispute arising out of or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of Toledo, Spain, unless mandatory law provides otherwise.

Company / Contact Information

Legal entity: Totem Studio International Technologies S.L.
Tax ID (CIF/VAT): ESB45528395
Address: Ronda Buenavista 24, 9 4-C, 45005 Toledo, Spain
Email: [email protected]
Phone: +34 900 433 533
Website: https://thetotem.studio/