1. Eligibility and Minimum Age

By accessing New Eureka SL services, you confirm that you are at least 18 years old and legally capable of entering into contracts under Spanish and EU law. Any use of our telephony platform by minors is strictly prohibited. New Eureka SL (“Company”) reserves the right to suspend or refuse service to any user who cannot lawfully contract with us.

2. Introduction

These Terms of Use govern your access to and use of New Eureka SL’s cloud-based telephony and communications services (“Services”). New Eureka SL is a company incorporated in Spain (NIF B22610398), with its registered address at CL GALICIA, 3 45215 VISO DE SAN JUAN, TOLEDO, SPAIN. Throughout this document, “we”, “us” or “Company” refers to New Eureka SL, and “you” or “Customer” refers to the individual or entity using our Services. By registering for any paid subscription, installing or using our software or services, and by clicking “accept” or a similar button, you agree to be bound by these Terms of Use, our Privacy Policy, any applicable Data Protection Addendum, and Cookie Policy. These documents may be amended from time to time and posted on our website; the latest version will govern our relationship. In case of any conflict between these Terms and any other policy (e.g. privacy policy), these Terms shall prevail. All prior agreements or representations are superseded by these Terms unless otherwise agreed in writing by both parties.

3. New Eureka SL Services – Provision of Telephony Services

New Eureka SL provides a cloud-based telephony and communications platform, including voice calling, messaging, voicemail, and related features (the “Services”). We may update, modify or discontinue any feature of the Services at our discretion, without notice. New Eureka SL reserves the right to suspend or cancel your access to all or any part of the Services if we determine that your use is inappropriate or violates these Terms. You acknowledge that the Services are provided “as available”; we do not guarantee uninterrupted or fault-free service except as expressly stated in Section 10 below.

4. Payment Methods and Terms

4.1 Payment Methods: You may pay for Services using one or more of the following methods: credit or debit card, bank transfer (including international transfers), or SEPA Direct Debit for EU accounts. Additional payment options (e.g. payment gateways or digital wallets) may be offered on our website. Please choose your preferred method under “Payment Methods” in your online account or during checkout.
4.2 Billing Cycle and Due Date: Unless otherwise specified in your plan, fees for Services are invoiced monthly and are due within 30 days of the invoice date. We reserve the right to charge interest on overdue amounts at the legal rate permitted in Spain. Accounts left unpaid beyond the due date may be suspended or terminated.
4.3 Direct Debit Details: If you elect to pay by SEPA Direct Debit, you authorize New Eureka SL to collect payments from the bank account you specify. You must ensure the account can accept direct debits and that the person signing the mandate is authorized. If you wish to cancel a direct debit, you must notify both your bank and New Eureka SL in writing. You must also promptly inform us of any change to your bank details by emailing contact@neweureka.ai. We may charge a fee (for example, €15) for any failed direct debit or returned payment.
4.4 Late or Failed Payment: If an installment or invoice remains unpaid, we will notify you and may suspend your Services. We may charge a reconnection fee (up to €50) when reinstating Service after a disconnection. In any event, you remain responsible for all unpaid charges and fees.
4.5 Prepaid Accounts: For prepaid (pay-as-you-go) accounts, you must top up your account balance in advance of use. All usage (calls, messages, etc.) will be deducted from your prepaid balance. Any remaining balance must be used within 12 months, after which it will expire. Invoices for prepaid credit are due immediately upon receipt. No interest or refund is given on unused prepaid balances.
4.6 Usage of Unlimited Plans: Certain plans may offer “unlimited” usage. These are subject to fair use: if we reasonably determine that your usage is excessive or violates these Terms, we may limit or terminate the Unlimited Plan with or without notice.

5. Geographic Telephone Numbers

5.1 Eligibility: If you purchase geographic (local) telephone numbers through our Services, you warrant that you are authorized to use them under local telecommunications regulations. For example, certain laws require that a subscriber of a local number reside in or have a legitimate presence in its geographic area. You agree not to obtain or use any number in violation of such regulations.
5.2 Charges and Maintenance: Geographic numbers may incur setup or monthly maintenance fees. These numbers remain active on your account only while all fees are paid and your account is in good standing. If your account is suspended or terminated, the number will be released or ported out according to regulations.
5.3 Testing and Publication: You should verify that any assigned number works before publishing it. We shall not be liable for any costs or losses you incur from publishing a number that, for any reason, does not work as intended.
5.4 Porting and Cancellation: Upon cancellation of your account, you may request to port out your telephone numbers to another provider. We will cooperate with a valid port-out request provided your account is paid in full and the new provider can accept the numbers.

6. Cancellation, Withdrawal and Refunds

6.1 Right of Withdrawal (EU 14-day cooling-off): Under EU law, when you subscribe to our Services online (a “distance contract”), you have a legal right to cancel the contract within 14 days without penalty and without giving a reason. For Services, the 14-day period begins on the day the contract is concluded (usually the date you sign up). To exercise this right, you must notify us in writing (for example, via email to accounts@neweureka.ai) within the 14-day period.
6.2 Effects of Withdrawal: If you validly withdraw under this right, we will refund all payments received from you (including setup fees) within 30 days after your cancellation notice. However, if you have expressly requested that the Services begin during the cancellation period, or if you have made significant use of the Services, you may lose the right to withdraw. In that case, you will owe payment for the portion of Services provided up to cancellation, but you will not be charged for future service periods.
6.3 Hardware and Devices: If you purchase physical equipment (e.g. phones or hardware) from us, you may return unused items in their original packaging within 14 days of receipt for a full refund. Returned items must be in pristine, resalable condition. Any shipping costs for returns are your responsibility unless the item is defective.
6.4 Service Cancellation: You may cancel your subscription to any Service at any time by contacting us at accounts@neweureka.ai or through your account portal. Cancellation of a month-to-month service will take effect at the end of the current billing period. If you have prepaid for the month and cancel mid-month without having fully utilized the Services, you may receive a prorated refund for the unused portion of the month. No refunds will be given for partial months beyond any pro rata credit.
6.5 Returned Fees: If you cancel within the 14-day withdrawal period as described above, we will promptly refund any service fees paid. Except as required by law, we generally do not refund payments for Services already provided or for reasons beyond our control (e.g. events of force majeure).
6.6 Dispute of Charges: To dispute any bill, you must notify us promptly in writing. All undisputed charges remain payable and will be due according to the original terms while the dispute is resolved.

7. Acceptable Use Policy

7.1 General Prohibition: You and your Users shall use the Services only in compliance with these Terms and applicable law. All use of the Services must be lawful, civil, and professional. Any illegal, fraudulent, abusive or offensive use is strictly prohibited. For example, you may not use the Services to:

• Engage in criminal or harassing conduct, including hate speech, defamation, threats, or invasion of privacy.

• Distracted driving: You must comply with local laws regarding the use of mobile or hands-free devices while driving. We are not liable for any accident or violation caused by using our Services while operating a vehicle.

• Send unsolicited communications (spam): Do not use the Services to send bulk facsimiles, emails, SMS, or voice messages without the recipient’s prior consent. This includes “blasting” many messages simultaneously or purchasing lists of contacts for unsolicited marketing.

• Harvest data: Do not collect or store personal information about others without their consent or in violation of data protection laws.

• Automated dialing: Do not use dialers or other automated systems to place repeated calls in violation of law. Excessive or abusive auto-dialing is prohibited.

• Transmit malicious code: You must not transmit any software containing viruses, worms, Trojan horses, or other harmful code.

• Spoof or forge identities: You may not falsify or disguise the origin of any calls, messages, email headers, or Caller ID. Impersonating another party or manipulating identifiers is prohibited.

• Infringe rights: Do not transmit any content that infringes intellectual property rights or violates anyone’s privacy or publicity rights.

• Tamper with the Services: You may not reverse-engineer, decompile, or alter any of our software or network operations. This includes attempting to bypass security or usage controls.

• Violate telecommunications rules: All calls, texts, or transmissions must comply with applicable telecommunications regulations (for example, rules on robocalling, recording calls, emergency calling, and privacy).

• Excessive usage: You agree not to exceed normal business usage of a single line. Sharing one VoIP line with multiple users or using it beyond what is reasonable for one person may lead to service restriction or termination.

• Reselling or third-party use: Unless expressly authorized, you may not resell or lease the Services or grant access to others. Any transfer of rights to the Services requires our prior written consent.
  7.2 Enforcement: A breach of any part of this Acceptable Use Policy is a material breach of these Terms. We reserve the right to suspend or terminate your Service immediately if we believe you have violated these rules. We may also employ technical measures (such as filters or blocking) to prevent or stop any prohibited use. You agree to indemnify and hold us harmless from any liability arising out of any use of the Services in violation of this policy.

8. Customer Security Policy

8.1 Password Security: You are responsible for choosing and safeguarding strong passwords and access credentials for your account. All passwords should be at least eight characters long and include a mix of letters, numbers, and symbols. Default or generic passwords must be changed immediately. You should change passwords regularly (at least quarterly) and avoid reusing passwords across accounts. Do not share your passwords. If you suspect any password has been compromised or if you suspect any unauthorized access to your account, change it immediately and notify us.
8.2 Endpoint and Network Security: You agree to use industry-standard security measures to protect all devices (endpoints) that access New Eureka SL Services. This includes, without limitation, using firewalls, anti-malware software, up-to-date security patches, and secure Wi-Fi networks. For example, you might disable international calling on lines that don’t require it, block incoming calls from unknown or undesirable numbers, and avoid using the NewEureka Mobile App over unsecured public networks. You are responsible for the security of any computers, phones, or networks that connect to our Services.
8.3 Account Monitoring and Incident Reporting: You should regularly monitor your account usage for any unusual or unauthorized activity. Implement internal security practices (such as periodic review of call logs and account settings) to detect misuse. You agree to promptly notify New Eureka SL if you become aware of any account security incident (such as password theft or unauthorized usage) and to cooperate with us in mitigating such incidents.

9. Service Requirements and Limitations

9.1 Network Requirements: The quality and reliability of VoIP calls and other Services depend on the speed and stability of your Internet connection. You acknowledge that the Services require a properly configured, high-speed broadband network (wired Ethernet or equivalent). Use on weak or inconsistent networks (such as basic 3G/LTE/4G) may result in dropped calls or poor call quality. You agree to provide and maintain, at your expense, a suitable network and equipment to use the Services. New Eureka SL is not liable for any service issues caused by your network or power failures. IMPORTANT: If your broadband or power goes down, your voice service will also fail.
9.2 Caller ID and Privacy: The display of calling information (Caller ID) is subject to legal restrictions. We will comply with applicable laws regarding the accuracy and transmission of caller identification or any privacy-related instructions. New Eureka SL is not obligated to alter or block Caller ID information except as required by law, and we disclaim any liability for the content of call origin information provided through the Service.
9.3 Voice-to-Text and Automated Features: If our Services include features that convert voice calls to text (or vice versa), you understand these are provided only for convenience and may not be completely accurate. Neither you nor any end user may rely solely on automated transcriptions for critical information. You are solely responsible for verifying the accuracy of any content produced by such features.
9.4 Third-Party Hardware: New Eureka SL does not guarantee compatibility between our Services and any third-party devices (IP phones, headsets, routers, etc.) you may use. If you use equipment not supplied by us, you do so at your own risk. We will assist with troubleshooting to the extent possible, but the performance of the Services over third-party devices is not warranted.
9.5 Mobile Application Use: If you use the New Eureka SL mobile app to make calls over a cellular network, you may incur data charges from your mobile provider. You can configure the app to allow calls only over Wi-Fi to avoid mobile data usage.

10. Service Levels

10.1 Quality of Service: We strive to deliver high-quality service, but service levels can be affected by factors outside our control (internet outages, local telecom infrastructure, natural disasters, etc.). We do not guarantee uninterrupted service or a specific uptime percentage. We will make commercially reasonable efforts to resolve any service issues in cooperation with your ISP or network provider. However, we do not provide compensation for outages, and New Eureka SL will not be liable for any direct or indirect losses caused by service unavailability.
10.2 Maintenance: Routine maintenance of our network may require temporary suspension of services. We will attempt to give advance notice of any scheduled maintenance. We have a standard maintenance window (e.g. 01:00–05:00 GMT daily) during which service interruptions may occur.
10.3 Prohibited Resale: The Services are provided to you for your internal business use only. You may not resell or distribute the Services to third parties.
10.4 Activation and Delivery: New Eureka SL will activate your account once all required customer details are provided and any initial setup fees are paid. Any hardware ordered from us will be delivered in accordance with our then-current delivery schedules.
10.5 Termination for Unacceptable Quality: If, within 30 days of service commencement, the quality of the Services is unacceptably low (as determined by us or the customer), either party may terminate the account, and the subscriber will receive a full refund of the subscription fee for that period, minus charges for calls and usage already provided. This remedy applies only if you provide written notice of quality issues within the 30-day window.

11. Emergency Calls

11.1 Location for Emergency Calls: Because our service is internet-based, it cannot automatically determine your physical location. In an emergency call (e.g. to 112 or 911), you must immediately inform the operator of your exact location.
11.2 Reliability: We route emergency calls (112 in Europe, 911/999 where applicable) but we do not guarantee their reliability. During power failures or internet outages, emergency calling may not function. By using our Services, you acknowledge these limitations.

12. Confidentiality

12.1 Call Privacy: Voice calls over VoIP travel over the public internet.New Eureka SL uses reasonable security measures to protect call confidentiality, but we cannot absolutely guarantee privacy. You acknowledge that third parties might intercept or access communications despite our efforts.

12.2 Limitation of Liability for Confidentiality: New Eureka SL accepts no liability for any breach of confidentiality of communications. You understand that it is your responsibility to use additional encryption or security measures if needed for sensitive information.

13. Data Protection and Privacy

We respect your privacy and comply with EU and Spanish data protection laws (including the EU General Data Protection Regulation, GDPR). Any personal data you provide to New Eureka SL (e.g. during registration or usage) will be used only for the purposes of providing and improving our Services, billing, and support, in accordance with our Privacy Policy and any Data Processing Addendum. We will not disclose your personal data to third parties except as permitted by law (for example, to comply with legal obligations or to provide the Services). You can review our full Privacy Policy on our website for details on data collection, use, storage, and your rights under GDPR.

14. Complaints and Dispute Resolution

14.1 Customer Service: We are committed to providing good customer service. You may direct any complaints or service issues to our support team (email: contact@neweureka.ai). We will try to respond promptly and resolve your complaint within a reasonable time frame (for example, within 30 days). We keep records of all complaints for at least one year as required by telecommunications regulations.
14.2 Escalation: If you are not satisfied with our initial response, you may escalate the issue in writing to our Customer Service Manager at contact@neweureka.ai. In unresolved cases, you may escalate to regulatory or arbitration bodies as described below.
14.3 Regulatory and ADR Options: As a Spanish telecommunications provider, we follow the dispute resolution procedures set by the Spanish telecom regulator (Comisión Nacional de los Mercados y la Competencia, CNMC) and consumer protection authorities. If you remain unsatisfied, you may lodge a complaint with CNMC or your local consumer protection office. You also have the right to use the European Online Dispute Resolution (ODR) platform or the European Consumer Centres for cross-border disputes. For more information about your rights and dispute resolution in the EU, you can visit the Your Europe Consumer portal.

15. Disclaimer

15.1 No Liability for Losses: To the extent permitted by law, New Eureka SL and its affiliates will not be liable for any direct or indirect damages or losses arising from your use of the Website or Services. This includes, without limitation, loss of profits, loss of data, business interruption, or any other commercial or economic loss.
15.2 External Links: The Website may contain links to third-party websites. We do not control those sites, and a link does not imply endorsement. We accept no responsibility for the content or policies of any external site.
15.3 Content Accuracy: We strive for accuracy, but we make no warranties about the completeness or accuracy of any information on the Website or in the Services. We are not responsible for errors or omissions.
15.4 Service Modifications: New Eureka SL reserves the right to modify, suspend, or discontinue any aspect of the Services or Website at any time, including limiting or disabling features, without notice. We will not be liable for any consequences of such changes.

16. Indemnity

You agree to indemnify, defend, and hold harmless New Eureka SL and its officers, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorney’s fees) arising out of or related to: (a) your use of the Services; (b) any violation of these Terms or applicable laws by you or your Users; (c) any infringement by you of any intellectual property or other rights of third parties; or (d) any dispute between you and any third party. We reserve the right to take over the exclusive defense and control of any matter subject to indemnification, and you will cooperate in that defense.

17. Intellectual Property and Use of Materials

17.1 Our Intellectual Property: All text, graphics, logos, software, and other materials on the Website and in the Services are protected by copyright, trademark, and other intellectual property laws. These materials are owned by or licensed to New Eureka SL. You may not reproduce, distribute, modify, or create derivative works of any New Eureka SL content without our prior written permission. Our name and logo are trademarks of New Eureka SL. Unauthorized use of our trademarks is prohibited.
17.2 Third-Party Content: If any materials on our Website or Services include images, logos, or content owned by third parties (for which we do not hold rights), those third parties have the right to demand removal of their content according to the EU’s Copyright Directive (Directive 2019/790). If we are notified that we have used such content without permission, we will promptly remove it from our materials.

18. Acceptance of Terms

Your use of the Services constitutes an acknowledgment that you have read, understood, and agreed to these Terms of Use. If you do not agree to these Terms, you must not use the Services.

19. Company Address and Contact Details

For all communications related to these Terms or our Services, including notices of cancellation or changes, New Eureka SL’s primary address is:

• Registered Office: CL GALICIA, 3 45215 VISO DE SAN JUAN, TOLEDO, SPAIN.

• Contact Email: contact@neweureka.ai

• Phone: +34 613 83 49 18

You warrant that any contact information you provide to us (during registration or thereafter) is accurate and complete. You are responsible for promptly updating your contact details (email address, postal address, etc.) to ensure we can reach you. You can update your details by logging into your account portal or by emailing contact@neweureka.ai. We will primarily send notices and communications to the email address you provide.

20. General Provisions

All notices, requests, and other communications must be made in writing (in English or Spanish). Notices from you to us should be sent to the address above or to contact@neweureka.ai. Notices from us to you will be sent to the email or postal address in your account. An email notice is deemed received on the date sent; a notice by registered mail is deemed received two business days after posting. These Terms, together with the Privacy Policy, any Data Addendum, and any documents expressly referred to, constitute the entire agreement between you and New Eureka SL regarding the Services. No other terms (including any you propose) will apply unless expressly agreed in writing. No waiver by us of any breach of these Terms shall be effective unless in writing. If any provision of these Terms is found to be illegal or unenforceable under Spanish or EU law, that provision will be deemed modified to the minimum extent necessary, and the remaining provisions will remain in full force.

21. Limitation of Liability

21.1 Exclusion of Implied Warranties: Except as expressly provided in these Terms or required by law, New Eureka SL disclaims all warranties, whether express or implied. This includes implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
21.2 Limits on Liability: To the extent permitted by Spanish law, New Eureka SL’s total liability for any claim arising out of or in connection with these Terms or the Services will not exceed the fees paid by you for the Services in the twelve months preceding the claim. We are not liable for any loss of profits, data, goodwill, or any indirect, incidental, or consequential damages.
21.3 Mandatory Liability: Nothing in these Terms excludes liability for death or personal injury caused by New Eureka SL’s negligence, or any liability that cannot be excluded under Spanish law (for example, consumer rights that cannot be contracted out).

22. Notices

Any notice required or permitted under these Terms shall be in writing and shall be sent to the respective addresses or email addresses provided above. Notices sent by email shall be deemed effective upon transmission, and those sent by courier shall be deemed effective two days after deposit.

23. Headings

Section headings in these Terms are for convenience only and do not affect the interpretation of any provision.

24. Entire Agreement

These Terms of Use (including any referenced policies) constitute the entire agreement between you and New Eureka SL relating to the subject matter hereof, and supersede all prior agreements, understandings, or proposals, oral or written. You acknowledge that you have not relied on any representations other than those expressly set out in these Terms.

25. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of Spain. Any dispute arising out of or related to these Terms or the Services will be subject to the non-exclusive jurisdiction of the Spanish courts, and the parties consent to that jurisdiction.