Terms of service & privacy policy

01General

1. The website sinwan.ai (the "Site") and the services offered on it (the "Service") are operated by Yakov Sinwani, an exempt dealer (osek patur), dealer no. 305231789, of 1 Pri Gan St., Rishon LeZion, Israel ("sinwan", "we").
2. Using the Site or the Service, including purchasing a top-up package, constitutes acceptance of these terms and of the privacy policy included in them (chapter 9). If you do not agree, please do not use the Service.
3. A "customer" is anyone who opened an account or purchased a package. A "consumer" is a customer who is a consumer as defined in the Israeli Consumer Protection Law, 5741-1981 (the "Consumer Protection Law"). Provisions written for consumers apply to consumers only and do not derogate from non-waivable rights.
4. These terms are written in Hebrew. The English translation is provided for convenience; in case of conflict the Hebrew text prevails.

02The service

1. sinwan is a platform that lets businesses set up AI voice agents that handle inbound and outbound phone calls, rely on business knowledge the customer provides, and take actions in the customer's systems.
2. The Service is intended for businesses and business use. The person signing up confirms they are at least 18 years old and authorized to bind the business on whose behalf they act.
3. The Service runs on a prepaid balance: the customer loads a balance into the account, and usage is deducted from it at the rates shown in the account.
4. Deducted from the balance: call minutes (billed per second after a 60-second minimum for every answered call; unanswered calls are not charged), monthly rent for phone numbers assigned to the account, indexing of knowledge documents, call analysis and SMS messages, all at the current rates shown in the account.
5. Rates may change. A rate change is shown in the account before it takes effect and applies only to usage after that date; it does not change a balance already purchased.
6. When the balance reaches zero, new calls cannot be started. A call already in progress is never cut off. Inbound calls continue to be accepted up to a limited overdraft shown in the account, which is deducted from the next top-up.
7. A phone number whose monthly rent is not covered by the balance is suspended, a notice is emailed to the customer, and after 7 days without a top-up the number is released to the carrier and cannot be recovered.
8. We work to keep the Service highly available but do not guarantee uninterrupted or error-free availability, and in particular not the availability of third-party providers (carriers and model providers) the Service relies on.
9. The Service is not intended for emergency calls and does not support dialing emergency services.

03Account and access

1. An account is opened by verifying an email address. The customer is responsible for safeguarding access to the account and its API keys, and for the actions of users added to the account.
2. The customer undertakes to provide accurate, up-to-date details and to update them when they change.
3. We may suspend or close an account that violates these terms or the law, after notice where circumstances allow. Unused balance is refunded, except where the closure is due to a violation.

04Prices and payment

1. Prices on the Site are in New Israeli Shekels and are final. sinwan operates as an exempt dealer, so no VAT is added; should its status change, VAT will apply as required by law and the displayed prices will be updated.
2. Payment is made by credit card through a secure, PCI DSS compliant payment page operated by Tranzila. Card details are entered directly with the payment processor and are never stored on sinwan's servers.
3. The charge is made at the time of purchase. A receipt is sent to the email address given at purchase.
4. The balance is credited to the account associated with the email address given at purchase. If no account exists at that address yet, the balance waits and is credited automatically when an account is opened with that address.
5. The balance credited for each package is denominated in US dollars and is shown next to the package price in shekels. The shekel price of a package is fixed and does not change with the exchange rate after purchase.
6. The balance belongs to the account, is non-transferable and cannot be converted to cash, except for a refund under chapter 5. Purchased balance does not expire.
7. In the event of an obvious pricing error we may cancel the transaction and refund the payment in full, with notice to the customer.

05Cancellation and refunds

1. This chapter implements the Consumer Protection Law's provisions on distance transactions. Nothing in it derogates from any non-waivable right under law.
2. A consumer may cancel the purchase of a top-up package within 14 days from the date of the transaction or from receipt of the transaction details document (the purchase confirmation and invoice sent by email), whichever is later.
3. A consumer who is a person with a disability, a senior citizen or a new immigrant may cancel within four months from the transaction date or from receipt of the transaction details document, whichever is later, provided the transaction included a conversation between us and the consumer, including by electronic means. We may ask for a document evidencing eligibility.
4. A cancellation notice is given by any of the following means and includes the customer's name, the email address used for the purchase and the receipt number:
   Cancel a purchase

   • By email to support@sinwan.ai
   • By phone at +972 54-694-7526, Sun–Thu 9:00–17:00
   • By registered mail to 1 Pri Gan St., Rishon LeZion, Israel
   • Through the "Cancel a purchase" link at the bottom of every page of the Site, which leads to this chapter
5. If the transaction is cancelled for a reason other than a defect or non-conformity, we refund the payment within 14 days of receiving the cancellation notice, to the same payment method used for the purchase, less a cancellation fee of 5% of the transaction price or NIS 100, whichever is lower.
6. If the balance was used before cancellation (calls, number rent, indexing, SMS and the like), the proportional value of the service provided, at the rates the account was charged, is deducted from the refund in addition to the cancellation fee, in accordance with section 14E of the Consumer Protection Law.
7. If the transaction is cancelled because of a defect in the Service, a non-conformity between the Service and the details given about it, or a failure to provide it on time, no cancellation fee is charged and the refund is made in full within 14 days of receiving the notice.
8. A business customer who is not a consumer under the Consumer Protection Law may request a refund of the unused balance of a package within 14 days of purchase, less a handling fee of 5% of the package price or NIS 100, whichever is lower. After that date the balance is non-refundable except at our discretion.
9. Phone number rent already charged for a month that has started is not refunded, as it is paid in advance to the carrier; cancelling the number stops the charges from the following month.
10. Nothing in this chapter limits the customer's right to close the account at any time.

06Acceptable use and customer responsibility

1. The customer is solely responsible for the instructions given to its agents, the information uploaded to the Service, and the use made of calls conducted on its behalf.
2. The customer undertakes to comply with all laws applicable to automated phone calls, call recording and marketing, and in particular: to inform call participants that the call is recorded and that they are speaking with an automated system where the law requires it; to honor requests to stop contacting; to comply with section 30A of the Israeli Communications Law (Telecommunications and Broadcasting), 5742-1982, when sending SMS and email; and to comply with the privacy laws applicable to the information about the people its agents speak with ("callers").
3. The Service may not be used for harassment, fraud, impersonation, mass contact without consent, distribution of unlawful content, or harm to third parties.
4. The customer acknowledges that AI systems may give wrong or inaccurate answers, and is responsible for verifying that an agent is fit for its purpose before deploying it to its own customers and for supervising it in use.
5. The customer will indemnify sinwan against any third-party claim or demand arising from a breach of this chapter.
6. A breach of this chapter is grounds for immediate suspension of the account.

07Intellectual property and customer data

1. The platform, software, design, trademarks and documentation are the property of sinwan or its licensors. The customer receives a limited, non-exclusive, non-transferable license to use them solely to receive the Service.
2. Information the customer uploads (knowledge documents, contacts, leads, instructions) and content generated in its calls (recordings, transcripts, summaries) remain the customer's property. The customer grants sinwan a license to process them solely to provide the Service.
3. sinwan does not use customer data to train AI models.

08Limitation of liability

1. The Service is provided as is. sinwan is not liable for indirect or consequential damage, loss of profit, loss of data not caused by its own act or omission, or damage caused by a third-party provider's failure.
2. sinwan's total liability to the customer, on any ground, will not exceed the amounts the customer paid sinwan in the 12 months preceding the event giving rise to the claim.
3. These limitations do not derogate from liability that cannot be limited or excluded by law, including towards consumers.

09Privacy policy

1. The database owner and the party responsible for processing is Yakov Sinwani. Privacy inquiries: support@sinwan.ai.
2. Information we collect:
   • Account information: email address, name, business name, and the payment details the payment processor returns to us (name, last four digits of the card and a reference number). The full card number never reaches us.
   • Information the customer uploads: contacts, leads, knowledge documents and agent instructions.
   • Information generated in calls: recordings, transcripts, summaries, callers' phone numbers, call times and outcomes.
   • Technical information: system logs, IP addresses and browser type, for security and operations.
   • On the Site itself: no tracking cookies or advertising tools are used. To count visits and see which pages they reach, we use Plausible Analytics, which sets no cookies and collects no information that identifies you; the aggregate data is stored on servers in the European Union. Your browser stores only the language you chose.
3. Purposes of processing: providing and operating the Service, billing and accounting, information security and fraud prevention, customer support, and compliance with legal obligations.
4. With respect to information about callers, the customer is the database owner and sinwan processes the information on its behalf and under its instructions, as a database holder. A data processing agreement (DPA) is available on request.
5. Who receives the information: sub-processors acting on our behalf and under our instructions, including Amazon Web Services (storage and computing in the European Union, Frankfurt); AI model providers (OpenAI, xAI, Google), according to the configuration the customer chose, to conduct and analyze the call in real time; telecommunications and messaging providers (Twilio and others) for call routing and SMS; Tranzila for payment processing; and an email service provider for system messages. Some providers operate outside Israel, and information is transferred to them subject to the safeguards required by law. We do not sell personal information and do not disclose it to third parties for marketing.
6. Retention: account information and receipts are kept while the account is active and afterwards for the period required by law for accounting and tax purposes (up to 7 years). Recordings, transcripts and caller information are kept until the customer deletes them or closes the account. Technical system logs are kept for up to 90 days.
7. Rights: every person is entitled to access information about them and to request its correction or deletion, in accordance with the Israeli Protection of Privacy Law, 5741-1981 and its regulations. Requests go to the address in section 9.1. A caller who contacts us about information processed on behalf of a customer is referred to that customer, and we assist as needed.
8. Security: information is encrypted in transit and at rest; accounts are isolated from one another; secrets and credentials are kept in a dedicated secrets-management system; actions are logged; and access to information is limited to those who need it to provide the Service. We apply security measures in accordance with the Protection of Privacy Regulations (Data Security), 5777-2017.
9. Google user data: when a customer connects a Google account (Google Calendar, Google Contacts or Google Sheets) to the Service, we access only the scopes the customer approves on Google's consent screen, and each connection requests only the scopes of its own feature: for the calendar, the list of their calendars (calendar.calendarlist.readonly), free and busy times (calendar.events.freebusy), and creating, reading and cancelling events (calendar.events); for contacts, read-only access to the customer's contacts (contacts.readonly); for spreadsheets, access only to files the Service itself creates in the customer's Drive (drive.file). We use this data only to provide the feature the customer turned on, and for no other purpose: checking availability and booking or cancelling appointments in the customer's calendar during and after phone calls handled by the customer's agents; recognizing a caller by their phone number in the customer's contacts when a call begins, so the agent knows their name, without ever creating, modifying or deleting contacts; and writing a call log to a spreadsheet the Service created. Contact data is read when the call begins, is used for that call only, and is not retained after it. We do not use it for advertising, do not sell it, do not use it to train AI models, and do not transfer it to third parties except as necessary to provide the feature, for security, or as required by law. Availability and event details, and the name of the recognized contact, are passed to the AI model conducting the call only for that call. Google access tokens are stored encrypted and are deleted when the customer disconnects the account, and the customer can revoke access at any time at myaccount.google.com/permissions. sinwan's use and transfer of information received from Google APIs adheres to the Google API Services User Data Policy, including the Limited Use requirements.
10. The Service is not intended for minors, and we do not knowingly collect information from minors.
11. We notify customers of a material change to this policy by email or by a notice in the account.

10Changes and termination

1. We may update these terms from time to time. We notify customers of a material change by email or by a notice in the account at least 14 days before it takes effect. Continued use of the Service after that date constitutes acceptance of the updated terms.
2. The customer may close the account at any time. Unused balance is handled under chapter 5.
3. If we decide to discontinue the Service altogether, we give 30 days' notice and refund unused balance in full.

11Governing law and jurisdiction

1. These terms are governed by the laws of the State of Israel. The competent courts of Rishon LeZion have exclusive jurisdiction over any matter relating to these terms or the Service. This does not derogate from a consumer's rights under law.
2. If any provision of these terms is found invalid, the remaining provisions remain in force.

12Contact