MyBix.App Licence & Subscription Agreement
1. Parties
1.1 This Agreement is between:
(a) It’s All Savvy Ltd, a company incorporated in Ireland under company number 691859, with its registered office at The Mill Enterprise Hub, Newtown Link Road, Greenhills, Drogheda, Louth, Ireland, A92 CD3D (“It’s All Savvy”, “we”, “us” or “our”); and
(b) the business or organisation registering for or using MyBix.App (“you”, “your” or the “Licensee”).
1.2 By creating an account, accessing MyBix.App, purchasing an Add-on or otherwise using the Services, you agree to be bound by this Agreement.
2. Definitions
2.1 In this Agreement:
“Account” means the account created for you to access and use MyBix.App.
“Add-on” means an optional paid feature or service made available in connection with MyBix.App, including SMS, AI Receptionist, Custom Reports, Premium Support and Training or Set Up Support.
“AI Receptionist” means the optional artificial-intelligence telephone answering and reception service provided through MyBix.App.
“Business Day” means a weekday other than a public holiday in Ireland.
“Business Hours” means 09:00 to 17:00 Irish time on a Business Day, unless otherwise stated for a particular support service.
“Charges” means the fees payable for paid Add-ons, Services, hardware or other chargeable products selected by you.
“Customer Data” means personal data and other information entered into MyBix.App by or on behalf of the Licensee or generated through the Licensee’s use of the Services.
“Documentation” means user guides, help materials and other documentation made available by us relating to MyBix.App.
“Effective Date” means the date on which you create an Account or first access MyBix.App, whichever occurs first.
“Intellectual Property Rights” means copyright, database rights, trade marks, trade names, patents, designs, confidential information, know-how and all other intellectual property rights, whether registered or unregistered, anywhere in the world.
“MyBix.App” means the cloud-based software platform provided by It’s All Savvy under the MyBix brand, together with its associated applications, functionality and Documentation.
“Services” means MyBix.App and any Add-ons or related services provided by us.
“Term” means the period during which this Agreement remains in force.
3. Account and Eligibility
3.1 You must provide accurate and complete information when creating your Account and must keep that information up to date.
3.2 You are responsible for keeping your Account credentials secure and for all activity carried out through your Account.
3.3 You must notify us promptly if you believe your Account has been accessed without authorisation.
3.4 MyBix.App is intended primarily for businesses and organisations. If you use the Services as a consumer, any mandatory rights that apply to you under applicable law will not be affected by this Agreement.
4. Free MyBix.App Service
4.1 MyBix.App’s core software is provided on a free-forever basis, subject to this Agreement and any usage limits or reasonable restrictions stated from time to time.
4.2 There is no automatic expiry of the free core Account and no requirement to purchase a paid subscription in order to continue using the free core functionality.
4.3 We may introduce, remove or change individual features of the free service, provided that we do so reasonably and do not retrospectively charge for the free service.
4.4 Paid Add-ons are separate from the free core service and are only enabled where you actively select or purchase them.
5. Paid Add-ons and Services
5.1 We may offer optional paid Add-ons and Services. The Charges applicable to an Add-on will be displayed or otherwise communicated to you before you purchase or activate it.
5.2 Add-ons may have additional terms, usage limits or service-specific provisions set out in a Schedule or made available at the point of purchase.
5.3 Current or planned Add-ons may include SMS, AI Receptionist, Custom Reports, Premium Support and Training or Set Up Support.
5.4 We may introduce additional Add-ons in the future. New Add-ons will be subject to the Charges and terms presented when you choose to activate them.
5.5 Unless expressly stated otherwise, Add-ons do not form part of the free core MyBix.App service.
6. Licence to Use MyBix.App
6.1 Subject to your compliance with this Agreement, we grant you a non-exclusive, non-transferable, revocable licence during the Term to access and use MyBix.App for your internal business purposes.
6.2 You may permit your employees, contractors and other authorised personnel to use the Services on your behalf, provided that you remain responsible for their compliance with this Agreement.
6.3 You must not:
- sell, resell, rent, lease, loan, sublicense, distribute or otherwise make the Services available to a third party except as expressly permitted by this Agreement;
- copy, reproduce, modify, adapt or create derivative works of the software except where expressly permitted by applicable law;
- decompile, disassemble, de-obfuscate, reverse engineer or attempt to discover the source code of the Services except where such restriction is prohibited by applicable law;
- use the Services to build or provide a substantially similar competing service;
- interfere with or disrupt the integrity, performance or security of the Services;
- attempt to gain unauthorised access to any account, system or network connected with the Services; or
- circumvent usage limits, security measures or access controls.
7. Savvy Pay and Payment Services
7.1 MyBix.App may include payment functionality under the Savvy Pay service.
7.2 Payment processing is provided using Adyen. Adyen may process payment information and transaction data as necessary to provide payment services.
7.3 We do not intend MyBix.App to be a system for storing customers’ full payment card details. Where payment card information is required for payment processing, it is handled through the relevant payment service provider.
7.4 Payment processing may be subject to separate terms, fees and requirements imposed by the relevant payment provider.
7.5 Where you use Savvy Pay to collect payments from your own customers, you remain responsible for the goods or services you provide, the amount charged, refunds, disputes, taxes and compliance with applicable payment, consumer and other laws.
7.6 Savvy Pay may also be used, where available, to collect Charges due to It’s All Savvy.
8. SMS and Communications
8.1 SMS is an optional paid Add-on. SMS functionality is not automatically included in the free core service.
8.2 SMS delivery may be provided through Twilio. Twilio may process telephone numbers, message content and delivery information as necessary to provide the service.
8.3 You are responsible for ensuring that all SMS and other communications sent through MyBix.App are lawful and that you have any consent or other lawful basis required to send them.
8.4 You must not use MyBix.App to send unsolicited, unlawful, misleading, abusive or otherwise prohibited communications.
8.5 Any SMS bundles, usage limits, pricing or auto top-up arrangements applicable to your account will be stated at the point of purchase or in the relevant Add-on terms.
9. AI Receptionist
9.1 The AI Receptionist is an optional Add-on to MyBix.App. It may also be made available by It’s All Savvy as a standalone service in the future.
9.2 The AI Receptionist may answer telephone calls, handle enquiries, provide information, take messages and assist with appointments or bookings according to the configuration and instructions provided by you.
9.3 The AI Receptionist uses technology provided by third-party service providers, including ElevenLabs Conversational AI and Twilio. OpenAI GPT-4.1 may be used as the underlying language model through ElevenLabs.
9.4 Calls may be recorded and transcribed. Callers will be informed at the beginning of a call that the call may be recorded.
9.5 You are responsible for configuring the AI Receptionist appropriately for your business and for ensuring that the information, instructions, services, prices, appointment availability and other content supplied to the AI Receptionist are accurate.
9.6 You remain responsible for the decisions made by your business following an AI Receptionist interaction. The AI Receptionist is an automated service and you should not represent it as a human employee.
9.7 The AI Receptionist may not always understand a caller correctly or provide a correct or complete response. You should provide an appropriate route for callers to contact a human member of your business where necessary.
9.8 Specific AI Receptionist usage allowances, charges and service limitations will be stated at the point of purchase or in the relevant Add-on terms.
10. Your Responsibilities and Lawful Use
10.1 You are responsible for your use of the Services and for all Customer Data and other content submitted to or generated through your Account.
10.2 You agree to comply with all applicable laws and regulations, including data protection, marketing, telecommunications, consumer protection, intellectual property and tax laws.
10.3 You must not use the Services:
- for any unlawful, fraudulent or malicious purpose;
- to transmit material that is defamatory, threatening, abusive, discriminatory or otherwise unlawful;
- to impersonate another person or misrepresent your identity or authority;
- to send unsolicited marketing communications where you do not have the required legal basis or consent;
- to upload malicious code or material intended to damage or disrupt the Services; or
- in a way that places unreasonable or excessive demand on the Services or jeopardises their security or availability.
10.4 You are responsible for ensuring that the personal information you enter into MyBix.App is adequate, relevant and retained only for as long as necessary for your purposes.
10.5 You must not knowingly enter full payment card details into general MyBix.App fields where those details are not intended to be processed through an approved payment function.
11. Customer Data and Data Protection
11.1 As between you and us, you remain responsible for determining why and how personal data relating to your customers, staff and other individuals is processed through your use of MyBix.App.
11.2 Where we process personal data on your behalf as a processor, the Data Processing Agreement in Schedule 2 applies.
11.3 You are responsible for providing appropriate privacy information to individuals whose personal data you process through MyBix.App and for having an appropriate lawful basis for that processing.
11.4 You are responsible for responding to data subject requests relating to your processing. We will provide reasonable technical assistance where required by applicable data protection law and where technically possible.
11.5 We may process limited personal information as an independent controller for our own account administration, billing, support, security, legal and business purposes as described in our Privacy Notice.
12. Subprocessors and Third-Party Services
12.1 You authorise us to use appropriate third-party service providers to operate and support MyBix.App.
12.2 Current service providers may include hosting and infrastructure providers, Adyen for payment processing, Twilio for SMS and telephony, Twilio SendGrid for email delivery, and ElevenLabs for AI Receptionist functionality, including related speech and transcription processing.
12.3 We may appoint or replace subprocessors where reasonably necessary to provide or improve the Services, subject to the requirements of applicable data protection law and Schedule 2.
12.4 Third-party services may have their own terms and privacy information. Where you use a third-party service through MyBix.App, you remain responsible for complying with any terms applicable to your use of that service.
13. Intellectual Property
13.1 All Intellectual Property Rights in and to MyBix.App, the software, Documentation, branding, designs, functionality and underlying technology belong to It’s All Savvy Ltd or its licensors.
13.2 Except for the limited licence expressly granted under this Agreement, no rights in our Intellectual Property Rights are transferred to you.
13.3 You retain ownership of your Customer Data and other materials that you submit to MyBix.App, subject to the rights necessary for us to provide the Services.
13.4 You grant us a limited licence to host, copy, transmit, process and otherwise use Customer Data only as reasonably necessary to provide, secure, support and improve the Services and to comply with our legal obligations, subject to Schedule 2 and our Privacy Notice.
14. Availability, Maintenance and Support
14.1 We will use reasonable efforts to make MyBix.App available and operational, but we do not guarantee that the Services will always be uninterrupted, error-free or available at all times.
14.2 We may carry out maintenance, upgrades, security work or other changes that temporarily affect availability.
14.3 We will use reasonable efforts to minimise disruption caused by planned maintenance where practicable.
14.4 Support available to free users and paid Add-on customers may differ. Premium Support and Training or Set Up Support may be purchased where offered.
15. Charges, Billing and Price Changes
15.1 The core MyBix.App service is free, subject to the terms of this Agreement.
15.2 You must pay Charges for any paid Add-ons or other chargeable Services you select.
15.3 Charges will be presented before you purchase or activate a paid service.
15.4 Unless otherwise stated, paid Services may be billed monthly or according to the billing period displayed at the time of purchase.
15.5 We may change Charges by giving you at least 30 days’ notice. Any price change will apply no earlier than the start of the next applicable billing period following the notice period.
15.6 If you do not wish to accept a price increase, you may cancel the affected paid service by giving the required one month's notice.
15.7 You are responsible for providing valid payment details and ensuring that Charges can be collected when due.
15.8 If an amount remains unpaid, we may suspend the relevant paid service after giving reasonable notice. This does not prevent us from pursuing any unpaid amount that is properly due.
16. Cancellation and Termination
16.1 You may continue using the free core MyBix.App service indefinitely unless this Agreement is terminated in accordance with its terms.
16.2 You may cancel a paid Add-on or paid Service by giving us at least one month's notice, unless a different notice period is expressly stated for that particular service.
16.3 During the notice period, you may continue to access the relevant paid service subject to payment of applicable Charges.
16.4 Either party may terminate this Agreement immediately by written notice if the other party commits a material breach which is incapable of remedy, or, where the breach is capable of remedy, fails to remedy it within 30 days after written notice requiring it to do so.
16.5 We may suspend or terminate access where reasonably necessary to protect the security or integrity of the Services, to comply with law, or where your use creates a material risk to other customers or the Services.
16.6 We may terminate an Account where it has been inactive for an extended period, but will take reasonable steps to notify you where practicable before doing so.
17. Data Export and What Happens on Cancellation
17.1 You are responsible for exporting any Customer Data or other information that you wish to retain before your Account or relevant paid Service is terminated.
17.2 Your one-month cancellation notice period is intended to provide you with an opportunity to review and export your data.
17.3 At the end of the applicable notice period, access to paid Services may cease and the Account may be deactivated or deleted in accordance with this Agreement and Schedule 2.
17.4 Following termination, Customer Data may remain in encrypted backup systems for a limited period for disaster recovery and security purposes. Such data will not be available for ordinary use and will be deleted in accordance with our backup retention processes.
17.5 We may retain information where required by law or where reasonably necessary to establish, exercise or defend legal claims, prevent fraud or meet legitimate business and accounting requirements.
18. Warranties and Disclaimers
18.1 You acknowledge that complex software may contain defects, errors or bugs and that we do not warrant that MyBix.App will be wholly free from them.
18.2 Except as expressly stated in this Agreement and to the maximum extent permitted by applicable law, the Services are provided without warranties or representations as to uninterrupted availability, fitness for a particular purpose or complete freedom from defects.
18.3 We do not guarantee that the Services will produce a particular business, financial, marketing or operational result.
18.4 We do not guarantee that AI-generated responses, transcriptions, summaries or automated actions will always be accurate or complete.
19. Liability
19.1 Nothing in this Agreement limits or excludes liability to the extent that such liability cannot lawfully be limited or excluded.
19.2 Nothing in this Agreement excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded.
19.3 Subject to Clause 19.1 and 19.2, we will not be liable for indirect, incidental, special or consequential loss, or for loss of profits, revenue, business, goodwill or anticipated savings arising from use of the Services.
19.4 Subject to the preceding provisions, our aggregate liability arising out of or in connection with a paid Service during any twelve-month period will not exceed the greater of: (a) the Charges paid or payable by you for the affected paid Service during the twelve months preceding the event giving rise to the claim; or (b) £100.
19.5 Nothing in this Agreement makes us responsible for your business decisions, pricing, customer relationships, legal compliance, marketing activity, content, bookings, payments you choose to accept, or the acts or omissions of your customers.
19.6 You acknowledge that automated and AI-powered functionality carries inherent risks of misunderstanding, error or omission and you remain responsible for appropriate human oversight.
20. Complaints and Dispute Resolution
20.1 Before starting legal proceedings, you agree to make a good-faith effort to resolve any dispute with us by contacting us with a written description of the issue, the circumstances giving rise to it and the outcome you are seeking.
20.2 We will endeavour to resolve complaints informally and will respond within a reasonable period.
20.3 If a dispute has not been resolved within 30 days of receipt of the written complaint, either party may take further action, including commencing legal proceedings.
21. General
21.1 No failure or delay by either party in exercising a right under this Agreement will constitute a waiver of that right.
21.2 If any provision is found to be unlawful or unenforceable, the remaining provisions will remain in force.
21.3 We may update this Agreement where reasonably necessary to reflect changes to the Services, law, technology or our business. Where a change materially affects your rights or obligations, we will provide reasonable notice.
21.4 You may not assign or transfer this Agreement without our prior written consent, except where required by law or as part of a transfer of your business where the transferee agrees to be bound by this Agreement.
21.5 We may assign or transfer this Agreement as part of a reorganisation, merger, sale of assets or transfer of the relevant business, provided this does not materially reduce your rights.
21.6 This Agreement, together with the Privacy Notice, Schedule 1 and Schedule 2 and any applicable Add-on terms, constitutes the agreement between you and us concerning the Services and supersedes previous agreements relating to the same subject matter.
21.7 Nothing in this Agreement creates a partnership, agency or employment relationship between the parties.
21.8 A person who is not a party to this Agreement has no right to enforce any term of it, except where applicable law provides otherwise.
22. Governing Law and Jurisdiction
22.1 This Agreement is governed by and construed in accordance with the laws of Ireland.
22.2 Subject to any mandatory rights or jurisdictional rules that cannot lawfully be excluded, the courts of Ireland shall have jurisdiction over disputes arising out of or in connection with this Agreement.
23. Acceptance
23.1 You indicate your acceptance of this Agreement by creating an Account, accessing MyBix.App, purchasing or activating an Add-on, or otherwise using the Services.
23.2 If you are accepting this Agreement on behalf of a company, partnership or other organisation, you confirm that you have authority to bind that organisation.
Schedule 1 – MyBix.App Services and Add-ons
1. Core MyBix.App Service
The core MyBix.App service is provided free of charge on a free-forever basis, subject to the functionality and reasonable usage limits made available from time to time.
2. Optional Add-ons
- SMS – optional paid messaging functionality, subject to applicable message charges or allowances.
- AI Receptionist – optional automated telephone reception service, subject to applicable monthly charges, minute allowances and service limits.
- Custom Reports – optional enhanced reporting functionality where offered.
- Premium Support – optional enhanced customer support where offered.
- Training and Set Up Support – optional paid implementation, training or configuration assistance where offered.
- Card Machines – physical card machines are not included in the free core service and are subject to separate purchase, supply and payment terms where offered.
3. Savvy Pay
Payments may be available through Savvy Pay and are subject to applicable transaction fees and payment-provider requirements. The transaction fee applicable to a particular payment service will be displayed or otherwise communicated before use.
Schedule 2 – Data Processing Agreement
This Data Processing Agreement (“DPA”) forms part of the MyBix.App Licence & Subscription Agreement.
1. Roles
1.1 Where you use MyBix.App to process personal data relating to your own customers, staff or other individuals, you are generally the Data Controller and It’s All Savvy Ltd is the Data Processor for that processing.
1.2 It’s All Savvy may also act as an independent Data Controller for limited processing necessary to operate its own business, including account administration, billing, security, support, legal compliance and service improvement, as described in its Privacy Notice.
2. Processing Instructions
2.1 We will process personal data on your documented instructions and as necessary to provide, secure, maintain and support the Services, except where applicable law requires otherwise.
3. Categories of Data
3.1 Depending on how you use MyBix.App, Customer Data may include names, telephone numbers, email addresses, addresses, appointment and booking information, service requirements, notes, communications, payment-related information and other information you choose to enter into the platform.
3.2 AI Receptionist use may additionally involve call audio, telephone numbers, call transcripts, AI-generated summaries and information provided by callers during telephone interactions.
4. Data Subject Rights
4.1 You are responsible for responding to data subject requests relating to your processing.
4.2 Taking into account the nature of the processing, we will provide reasonable technical assistance where required by applicable data protection law.
5. Subprocessors
5.1 You generally authorise us to use subprocessors reasonably necessary to provide the Services.
5.2 These may include hosting and infrastructure providers, Adyen for payment processing, Twilio for SMS and telephony, Twilio SendGrid for email delivery and ElevenLabs for AI Receptionist functionality. OpenAI GPT-4.1 may be used through ElevenLabs as the underlying language model.
5.3 We will remain responsible for our subprocessors' compliance with the obligations applicable to them under our arrangements and applicable data protection law.
6. Security
6.1 We will maintain appropriate technical and organisational measures designed to protect personal data against unauthorised or unlawful processing and against accidental loss, destruction or damage.
6.2 Such measures may include encrypted connections, access controls, authentication, restricted system access, monitoring and appropriate backup and recovery arrangements.
7. Personal Data Breach
7.1 Where we become aware of a personal data breach affecting Customer Data, we will notify you without undue delay where required by applicable data protection law and provide information reasonably available to assist you with your obligations.
8. International Transfers
8.1 As It’s All Savvy Ltd is established in Ireland, processing is primarily subject to the EU GDPR and applicable Irish data protection law. Where UK data protection law applies, we will comply with applicable UK GDPR requirements.
8.2 Where personal data is transferred outside the EEA or UK, we will use an appropriate lawful transfer mechanism, which may include an adequacy decision, the European Commission Standard Contractual Clauses, the UK International Data Transfer Agreement or UK Addendum, where applicable.
9. Retention and Deletion
9.1 During the Agreement, we will retain Customer Data for as long as reasonably necessary to provide the Services.
9.2 Following termination, Customer Data will be deleted from live systems in accordance with the Agreement and our deletion processes, subject to legal retention requirements and limited backup retention.
9.3 You remain responsible for exporting data you need before the end of your one-month cancellation period.
10. Controller Responsibilities
10.1 You are responsible for having a lawful basis for processing personal data, providing appropriate privacy information, meeting applicable marketing and consent requirements, responding to data subject requests and complying with applicable data protection law.
11. AI Receptionist Processing
11.1 Where you use the AI Receptionist, you acknowledge that call audio and related information may be processed by Twilio and ElevenLabs and that ElevenLabs provides conversational AI, speech-to-text and text-to-speech functionality.
11.2 OpenAI GPT-4.1 may be used as the underlying language model through ElevenLabs.
11.3 Callers are informed at the beginning of calls that the call may be recorded.
11.4 Recordings and transcripts held by ElevenLabs are retained for 90 days and then deleted. Transcripts and AI-generated summaries stored within MyBix.App are automatically deleted after 90 days. The MyBix.App call log may retain limited call information for up to two years for billing, customer service and historical business records.
11.5 Where voicemail is used, voicemail recordings may be stored by Twilio for 90 days and then automatically deleted.
12. DPA Term
12.1 This DPA remains in force for as long as we process Customer Data on your behalf in connection with the Services.
Contact
For support, complaints, contractual notices or data protection enquiries, please email hello@itsallsavvy.com
END OF AGREEMENT