Terms of Service

Last updated: April 6, 2026

These Terms of Service ("Terms") govern your access to and use of the Zalena platform, including the website at zalena.ai, dashboard, APIs, embeddable chat widget, voice assistant, and all related services (collectively, the "Service") provided by Datalya Inc. ("Datalya"), operating under the brand name Zalena ("Zalena", "we", "our", "us").

By creating an account or using the Service, you agree to be bound by these Terms. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

1. The Service

1.1 Description

Zalena is a cloud-based AI assistant platform that enables businesses to deploy AI-powered chat and voice agents. The Service includes an embeddable website chat widget, an AI voice receptionist, appointment booking, a CRM dashboard, and related tools.

1.2 Subscriptions

The Service is offered in multiple subscription tiers (Free, Starter, Pro, Business) with varying feature limits. Your access to specific features is determined by your active subscription plan. Plan details and pricing are available on our website and may be updated from time to time.

1.3 Ownership

Zalena retains all rights, title, and interest in the Service, including all software, technology, documentation, and intellectual property. These Terms do not grant you any rights to our trademarks, logos, or brand assets.

2. Your Account

2.1 Registration

You must provide accurate and complete information when creating an account. Each organization account may have multiple users with different roles (admin, member). Organization admins are responsible for managing user access and permissions.

2.2 Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately at hello@zalena.ai if you suspect unauthorized access to your account.

2.3 Organization Data

Each organization operates in its own isolated tenant environment. You are responsible for the accuracy of the business information, knowledge base content, and configuration you provide to power your AI assistant.

3. Acceptable Use

You agree not to:

  • Use the Service for any unlawful purpose or in violation of any applicable law
  • Provide false, misleading, or deceptive information through your AI assistant
  • Use the Service to send spam, unsolicited messages, or engage in abusive communication
  • Attempt to circumvent usage limits, rate limits, or security controls
  • Reverse engineer, decompile, or attempt to extract the source code of the Service
  • Resell, sublicense, or redistribute the Service without written permission
  • Use the Service to collect personal information without proper consent from individuals
  • Interfere with or disrupt the integrity or performance of the Service
  • Attempt to manipulate or inject prompts to override AI safety measures

We reserve the right to suspend or terminate your access for violations of these terms.

4. AI-Generated Content

4.1 Nature of AI Responses

The Service uses artificial intelligence to generate chat and voice responses based on the business information you provide. AI-generated content is produced algorithmically and may occasionally contain inaccuracies, incomplete information, or unexpected responses.

4.2 No Guarantee of Accuracy

Zalena does not guarantee the accuracy, completeness, or appropriateness of AI-generated responses. You are responsible for reviewing and monitoring the responses your AI assistant provides to your customers. You should not rely on the AI assistant as the sole source of critical information (e.g., medical, legal, or financial advice).

4.3 Your Responsibility

You are solely responsible for the content your AI assistant delivers to your end users. This includes ensuring your knowledge base is accurate and up to date, and that the AI assistant's responses comply with applicable laws and regulations in your industry and jurisdiction.

5. Voice Recording and Consent

If you use the voice assistant feature, phone calls handled by your AI receptionist are recorded and transcribed. You are solely responsible for complying with all applicable call recording laws, including but not limited to:

  • Informing callers that the call may be recorded and transcribed
  • Obtaining consent where required by applicable law (many jurisdictions require two-party consent)
  • Configuring your AI greeting to include appropriate recording disclosures

Zalena is not responsible for your failure to obtain required consent for call recording.

6. Chat Widget Embed

The Zalena chat widget may be embedded on your website(s) using the embed code provided in your dashboard. You agree to:

  • Only embed the widget on domains you own or are authorized to use
  • Register your domain(s) in your Zalena dashboard settings
  • Inform your website visitors that they are interacting with an AI assistant
  • Include appropriate disclosures in your website's privacy policy about the use of AI chat

7. Messaging Platform Channels (Facebook, Instagram, WhatsApp)

7.1 Platform Compliance

If you connect the Service to Meta messaging platforms (Facebook Messenger, Instagram Direct, or WhatsApp Business), your use of these channels is subject to the Meta Platform Terms, Meta Developer Policies, and the applicable platform's community guidelines, in addition to these Terms. In the event of a conflict, Meta's policies govern your use of their platforms.

7.2 Automated Messaging Disclosure

Users interacting with your business through Facebook Messenger, Instagram, or WhatsApp are communicating with an AI-powered assistant, not a human. You must ensure that your AI assistant's greeting and responses make this clear. If you hand off a conversation from the AI assistant to a human agent, you must clearly indicate the transition to the user.

7.3 WhatsApp Opt-In Requirements

If you use the WhatsApp Business channel, you must obtain explicit opt-in consent from users before sending them messages. The opt-in must clearly state:

  • Your business name
  • That the user is opting in to receive WhatsApp messages
  • The categories of messages they will receive (e.g., appointment reminders, customer support)

Business-initiated messages outside the 24-hour session window require pre-approved message templates. You are responsible for obtaining template approval through our platform.

7.4 Prohibited Uses on Messaging Platforms

You must not use messaging platform channels to:

  • Send spam, unsolicited marketing, or mass messaging
  • Collect user data from Meta platforms for purposes not disclosed in your privacy policy
  • Share or sell data obtained from Meta platforms with third parties
  • Use Meta platform data for surveillance or unauthorized profiling
  • Violate Meta's Community Standards or Commerce Policies

7.5 Data Deletion

When a user removes your app connection through their Facebook or Instagram settings, Meta sends us a data deletion request. We will delete all data associated with that user within 30 days. You acknowledge that this may result in loss of conversation history for that user in your dashboard.

8. Data Ownership and License

8.1 Your Data

You retain all ownership rights to the data you provide to the Service, including business information, knowledge base content, and configuration. You also retain ownership of conversation data generated through interactions with your customers via the Service.

8.2 License to Zalena

You grant Zalena a non-exclusive, worldwide, royalty-free license to use, process, store, and display your data solely as necessary to provide, maintain, and improve the Service. This license terminates when you delete your data or close your account, subject to our data retention policy.

8.3 Service Data

We may collect and use aggregated, anonymized data derived from your use of the Service ("Service Data") for analytics, benchmarking, and product improvement. Service Data will not identify you, your organization, or your customers.

8.4 Feedback

If you provide suggestions, feature requests, or other feedback about the Service, you grant Zalena a perpetual, irrevocable, royalty-free license to use that feedback for any purpose without obligation to you.

9. Billing and Payment

9.1 Fees

Paid subscription plans are billed in advance on a monthly or annual basis. Fees are listed on our pricing page and are subject to change with 30 days' notice. Changes do not apply to the current billing period.

9.2 Payment

Payment is processed through Stripe. By subscribing to a paid plan, you authorize us to charge your payment method on a recurring basis until you cancel. You are responsible for keeping your payment information current.

9.3 Refunds

Fees are generally non-refundable. If you cancel a subscription, you will retain access to paid features until the end of your current billing period. No partial refunds are issued for unused time within a billing period.

9.4 Usage Limits

Each plan includes limits on chat messages, voice minutes, and other features. If you exceed your plan limits, some features may be restricted until the next billing period or until you upgrade your plan.

9.5 Taxes

Fees are exclusive of applicable taxes. You are responsible for any sales tax, VAT, or other taxes imposed on your subscription, except for taxes on Zalena's income.

10. Term and Termination

10.1 Term

These Terms are effective when you create an account and continue until terminated. Paid subscriptions automatically renew at the end of each billing period unless cancelled.

10.2 Cancellation by You

You may cancel your subscription at any time from your dashboard settings. Cancellation takes effect at the end of the current billing period. You may also delete your account entirely, which will initiate deletion of your data per our Privacy Policy.

10.3 Termination by Zalena

We may suspend or terminate your access to the Service if you:

  • Violate these Terms or our Acceptable Use policy
  • Fail to pay fees when due (after a 14-day grace period)
  • Use the Service in a manner that poses a security risk or may harm other users

For material breaches, we will provide 30 days' written notice and an opportunity to cure before termination, except where immediate suspension is necessary to protect the Service or other users.

10.4 Effect of Termination

Upon termination, your right to use the Service ceases immediately. We will retain your data for 30 days after termination, during which you may request an export. After 30 days, your data will be deleted in accordance with our Privacy Policy.

11. Warranties and Disclaimers

11.1 Service Availability

We strive to maintain high availability of the Service but do not guarantee uninterrupted or error-free operation. We may perform scheduled maintenance with reasonable advance notice.

11.2 Disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Without limiting the foregoing, Zalena does not warrant that: (a) the Service will meet your specific requirements; (b) AI-generated responses will be accurate, complete, or appropriate; (c) the Service will be uninterrupted, timely, secure, or error-free; or (d) any defects will be corrected.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZALENA'S TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO ZALENA IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

IN NO EVENT SHALL ZALENA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS, OR GOODWILL, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WHETHER ZALENA WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

These limitations apply to all claims, whether based on warranty, contract, tort, or any other legal theory.

13. Indemnification

You agree to indemnify, defend, and hold harmless Zalena and its officers, directors, employees, and agents from any claims, damages, losses, and expenses (including reasonable legal fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) content provided through your AI assistant; (d) your failure to obtain required consent for call recording; or (e) your violation of any applicable law or third-party rights.

14. Confidentiality

Each party agrees to maintain the confidentiality of the other party's confidential information and not to disclose it to third parties except as necessary to perform obligations under these Terms. Confidential information does not include information that is publicly available, independently developed, or rightfully received from a third party.

15. Third-Party Services

The Service integrates with third-party services including Meta Platforms (Facebook Messenger, Instagram, WhatsApp), Stripe (payments), Clerk (authentication), Anthropic (AI), Google Calendar, and others. Your use of these integrations is subject to the respective third-party terms and privacy policies. Zalena is not responsible for the availability or performance of third-party services. Meta platform integrations are additionally governed by Section 7 of these Terms.

16. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes at least 30 days in advance via email or in-app notification. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms. If you do not agree to the changes, you may cancel your account before they take effect.

17. General Provisions

17.1 Governing Law

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles.

17.2 Dispute Resolution

Any disputes arising from these Terms shall first be resolved through good-faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, conducted in English in the State of Delaware.

17.3 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

17.4 Assignment

You may not assign these Terms without our prior written consent. Zalena may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of its assets.

17.5 Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Zalena regarding the Service and supersede all prior agreements and understandings.

17.6 No Waiver

Our failure to enforce any right or provision of these Terms shall not be considered a waiver of that right or provision.

18. Contact Us

If you have questions about these Terms, please contact us: