Terms and Conditions
v1.0 · April 10, 2026
1. General provisions
These Terms and Conditions (hereinafter “Terms”) govern the relationship between:
MADARINA d.o.o., Trg osvoboditve 3, 2230 LENART V SLOVENSKIH GORICAH, registration number: 6127851000, tax number: SI17595231
(hereinafter “Provider” or “fonko.ai”)
AND any legal or natural person using the fonko.ai service (hereinafter “Subscriber”).
By registering, placing an order, or using the Service in any way, the Subscriber confirms that they have fully read, understood, and accepted these Terms.
2. Service description
fonko.ai is an artificial intelligence service for receiving and processing telephone calls (hereinafter “Service”), which enables the Subscriber to:
- (a) receive inbound telephone calls via an AI voice agent;
- (b) transcribe telephone conversations;
- (c) summarize, categorize, and classify call content;
- (d) schedule appointments and integrate with external calendars and systems;
- (e) receive notifications about calls, messages, and important events.
3. Registration and contract formation
3.1.
The contract is formed when the Subscriber completes registration, selects a plan, and confirms the order.
3.2.
The Subscriber warrants that the provided information is accurate and that the person entering into this contract is duly authorized.
3.3.
The Service is intended exclusively for business users (B2B).
4. Subscription plans and payment
4.1.
Current plans and prices are published at https://fonko.ai/pricing. Prices are exclusive of VAT unless stated otherwise.
4.2.
Payment is due in advance; subscriptions auto-renew until cancelled.
4.3.
In case of payment delay, the Provider may temporarily disable access. After 30 days of non-payment, the Provider may unilaterally terminate the contract.
4.4.
Price changes take effect with 30 days’ prior notice. The Subscriber may cancel without penalty within this period.
5. Subscriber obligations
5.1. Subscriber’s role as data controller
In relation to persons calling the Subscriber’s phone number (hereinafter “Callers”), the Subscriber is the data controller under the GDPR. The Provider acts as a data processor pursuant to Article 28 GDPR.
5.2. Mandatory obligations
The Subscriber is solely responsible for ensuring that:
- (a) it has a valid legal basis for processing Callers’ personal data;
- (b) Callers are informed at the beginning of each call that the call is received by an automated AI voice agent, that the call is processed and may be recorded, and that they may request transfer to a human;
- (c) its privacy policy discloses the use of the fonko.ai service;
- (d) it enters into a Data Processing Agreement (DPA) with the Provider under Art. 28 GDPR before commencing use;
- (e) it does not use the Service to process special categories of data without a separate agreement and legal basis under Art. 9 GDPR;
- (f) it conducts a Data Protection Impact Assessment (DPIA) under Art. 35 GDPR where required.
5.3. Prohibited use
The Subscriber shall not use the Service in violation of applicable law, for spam, extortion, fraud, or harassment, to impersonate another person, for reverse engineering or copying AI models, or in any manner that harms the Provider’s reputation.
5.4. Data accuracy
The Subscriber is responsible for the accuracy of business data entered into the system.
6. Provider obligations
6.1.
The Provider shall perform the Service with professional diligence.
6.2.
The Provider guarantees 99.5% monthly uptime, excluding scheduled maintenance and force majeure.
6.3.
The Provider shall promptly notify the Subscriber of material changes and security incidents.
6.4.
The Provider implements appropriate technical and organizational measures pursuant to Art. 32 GDPR.
7. Intellectual property
7.1.
All intellectual property rights relating to the Service belong to the Provider or its licensors.
7.2.
The Subscriber receives a non-exclusive, non-transferable, time-limited right to use the Service.
7.3.
Content entered by the Subscriber remains the Subscriber’s property. The Provider shall not use it for AI model training without express written consent.
8. Limitation of liability
8.1.
The AI agent is not a substitute for human judgment in critical situations.
8.2.
The Provider is not liable for decisions based on AI conversations, telephone or internet errors, data loss caused by the Subscriber or third parties, or indirect damage, loss of profits, or reputational damage.
8.3.
Total liability is limited to subscription fees paid in the 12 months preceding the event.
8.4.
This limitation does not apply to intentional misconduct or gross negligence.
9. Confidentiality
Both parties shall protect the other party’s confidential information. The confidentiality obligation survives for 3 years after termination.
10. Term and termination
10.1.
The contract is concluded for an indefinite period with automatic renewal.
10.2.
The Subscriber may cancel at any time; cancellation takes effect at the end of the current billing period.
10.3.
The Provider may terminate immediately in case of material breach, payment delay exceeding 30 days, or misuse.
10.4.
After termination, the Provider retains data for 30 days, then performs permanent deletion (except data required under tax legislation).
11. Amendments
The Provider reserves the right to amend these Terms with 30 days’ prior notice. The Subscriber may cancel without penalty within this period.
12. Force majeure
Neither party shall be liable for failure to perform caused by force majeure (natural disasters, war, large-scale cyber attacks, epidemics, governmental measures) for as long as such circumstances continue. The affected party must notify the other party without delay.
13. Final provisions
13.1.
These Terms are governed by the laws of the Republic of Slovenia.
13.2.
Exclusive jurisdiction: District Court of Maribor, Slovenia.
13.3.
If any provision is found invalid or unenforceable, the remaining provisions shall remain in full force (severability).
13.4.
These Terms are effective from April 10, 2026.