General Terms and Conditions

Version 2.7 dated 10 November 2026

1. Scope

These General Terms and Conditions (‘GTC’) govern the provision by Marsiglia Novarim, sole proprietorship of Eliott Marsiglia (trading as Novarim), Chemin du Coteau 4, 2533 Evilard, info@novarim.ch (‘Novarim’), of its call answering and booking services by voice assistant, and of access to the associated Dashboard, to business customers (the ‘Customer’). They apply to the exclusion of the Customer’s terms and conditions. The service is reserved for business use (B2B). The Customer accepts them by ticking the box provided for that purpose when subscribing online; they are also sent to the Customer by email with the subscription confirmation.

2. Definitions

• Aralys: the voice assistant that answers calls and takes bookings.
• Dashboard: the Customer’s online area (dashboard.novarim.ch).
• Handled Minute: the duration of an incoming call answered by Aralys, counted to the second, from the moment Aralys takes the call until the end of its conversation, whatever the outcome; ringing time is not counted. Novarim may exclude from the count calls that are manifestly abusive or automated (cold calling, robocalls).
• Plan: the subscription chosen (Essential, Pro, Business or Custom), defined by a monthly volume of included Handled Minutes, a number of people and of numbers, the features included and a price per additional minute. Volumes, features and prices in force: novarim.ch/tarifs.
• Period: the month or year of service paid in advance, according to the billing cycle chosen.
• Novarim Number: the telephone number made available to the Customer by Novarim to reach Aralys, either published as such by the Customer or used as the destination for forwarding the Customer’s own line.
• Overage Limit: the maximum amount the Customer agrees to pay each month above the monthly price of its Plan, which it sets itself in the Dashboard between zero and the cap of its Plan (art. 5.2 or, for Custom, the quote); failing this, it equals the amount provided for in art. 5.3.

3. Description of the service

Aralys answers the calls forwarded to the service, conducts the conversation with a view to making, changing or cancelling a booking, and enters the result in the Customer’s connected calendar. The Dashboard gives access to the history of calls and their summaries, to bookings, to statistics, to self-service settings and to notifications.

Scope of the service. The service is specialised in taking bookings. Requests outside this scope (general enquiries, quotes, particular emergencies, etc.) are transferred to the human contact designated by the Customer or directed according to the configuration chosen. Novarim does not provide any general secretarial or advisory service; Aralys takes messages only in the cases provided for in art. 5.3 and 6.3. Aralys gives no dietary information (allergens, composition of dishes, diets); the Customer gives it itself and remains solely responsible for it.

Changes. Novarim may develop the service (features, voice models, interface) without substantially degrading the agreed services.

4. Setup and obligations of the Customer

4.1 Setup incurs no fees. It is carried out by the Customer when first launching the application, guided step by step by the Dashboard: configuration of the establishment (contact details, opening hours, team, services), connection of its calendar, test calls, activation of call forwarding on its own line. Novarim assists the Customer on request, to a reasonable extent. Integration with third-party software (CRM, industry software) is not part of it and is the subject of a separate offer.

4.2 Novarim makes a Novarim Number available to the Customer, up to the number provided for by its subscription. The Customer chooses either to forward its own line to Novarim, in which case it keeps its number and no Novarim Number is assigned to it; or to publish a Novarim Number as its contact number, which is then assigned to it at that time. Forwarding is configured with its operator and remains under its control; it may deactivate it at any time. The Customer keeps its own number, which is never affected by the service.

4.3 The Customer guarantees that the information provided (opening hours, services, team, calendar) is accurate and kept up to date. Novarim is not liable for the consequences of incorrect or outdated information provided by the Customer.

4.4 Trial. Every subscription begins with a 7-day trial including 60 Handled Minutes. A valid payment card is required when subscribing; no charge is made during the trial. When the trial ends, the chosen subscription starts and the first Period is charged, unless the Customer terminates from the Dashboard before the trial ends. Novarim may refuse or interrupt a trial in the event of abuse (multiple subscriptions, automated use).

4.5 Lawful use and warranty. The Customer uses the service in accordance with applicable law. It warrants that the contacts it imports have been collected lawfully, and that the persons to whom it has reminders, confirmations or reactivation messages (SMS, WhatsApp, email) sent have consented to them or are its customers within the meaning of art. 3 para. 1 let. o UCA. The Customer indemnifies Novarim against third-party claims resulting from a breach of these obligations, except in the case of wilful misconduct or gross negligence by Novarim.

5. Plans, volumes and additional minutes

5.1 Each Plan includes a monthly volume of Handled Minutes and the features stated for it. The volumes, features and prices in force are set out on novarim.ch/tarifs and in the Dashboard.

5.2 Beyond the included volume, Aralys keeps answering. Additional minutes are invoiced at the Plan’s price per additional minute (CHF 0.30 for Essential, Pro and Business), in whole minutes over the month, any fraction of a minute not being invoiced, with the following Period. A month never costs more than the Plan that would have sufficed: it is invoiced at the price of the cheapest Plan for the month’s minutes, among the Customer’s Plan and the higher Plans with a published price, each with its included volume and its price per additional minute. The Customer keeps its Plan and its features. The amount invoiced above the monthly price of the Customer’s Plan is capped at CHF 800 for Essential, CHF 550 for Pro and CHF 300 for Business, so that a month of Plan and additional minutes never costs more than CHF 899. Beyond this cap, Aralys keeps answering and further minutes are not invoiced. On the annual billing cycle, these amounts are calculated on the monthly prices. The Customer is notified in the Dashboard and by email when it reaches 80% and then 100% of the included volume, and can see the month’s additional minutes at any time.

5.3 The Customer sets its Overage Limit in the Dashboard, from zero to the cap of its Plan. Until the Customer has set it, the Overage Limit equals the monthly price of its Plan, without exceeding that cap, and, for Custom, the cap in the quote: without the Customer’s consent, a month of Plan and additional minutes thus costs at most CHF 198 for Essential, CHF 698 for Pro and CHF 899 for Business. The Customer designates a transfer number before setup: it is used when an Overage Limit below the cap is reached, including the one that applies by default for Essential and Pro. When an Overage Limit below the cap is reached, and until the first day of the following month or until the Customer raises it, calls ring at that number instead of being taken by Aralys; if nobody answers, Aralys takes the caller’s message, without handling any booking. No minute is invoiced beyond the Overage Limit, and a call in progress is never interrupted.

5.4 The Customer may change Plan at any time from the Dashboard. A move to a higher Plan takes effect immediately, pro rata for the current Period. A move to a lower Plan takes effect from the following Period. A move to a Plan that does not include online booking closes the Customer’s online booking page when it takes effect; bookings already recorded are kept.

5.5 Unused volume is not carried over from one month to the next. On the annual billing cycle, the included volume remains monthly.

6. Prices and invoicing

6.1 Prices are in Swiss francs (CHF), VAT not applicable (business not registered for VAT). If Novarim becomes liable for VAT during the contract, statutory VAT is added to the amounts invoiced from the date on which Novarim becomes liable for VAT; Periods already invoiced are not corrected retroactively.

6.2 Setup is not invoiced (art. 4.1). The subscription is paid in advance by payment card, at the start of each Period, through the payment provider Stripe. Additional minutes (art. 5.2) are charged with the following Period. Invoices are available in the Dashboard.

6.3 If a payment fails, Novarim informs the Customer in the Dashboard and by email and presents the payment again for 7 days. Once this period has passed without payment, Aralys takes callers’ messages without handling any booking. Without payment 30 days after the due date, the subscription ends (art. 7.3); the amounts owed for the service provided remain payable, together with statutory default interest.

6.4 Novarim may adjust its prices subject to 30 days’ written notice, with effect from the following Period. If the Customer refuses the adjustment, it may terminate with effect from the end of the current Period. On the annual billing cycle, the adjustment takes effect only at the annual renewal.

7. Term and termination

7.1 The subscription is concluded for an indefinite term from the end of the trial. It renews automatically for each Period (month or year) unless terminated. On the annual billing cycle, Novarim sends a renewal reminder by email 30 days before the renewal date.

7.2 The Customer may terminate at any time from the Dashboard, without giving reasons or notice. Termination takes effect at the end of the paid Period; the service remains available until then. Amounts paid for the current Period are not refunded, subject to art. 7.4.

7.3 Either party may terminate with immediate effect for good cause, in particular a serious breach not remedied within 30 days of written formal notice. Non-payment under art. 6.3 ends the subscription.

7.4 Annual balance in the event of early termination. On the annual billing cycle, the balance of whole unused months is refunded within 30 days in the event of immediate termination for good cause attributable to Novarim, of termination following an amendment to the GTC (art. 14), a price adjustment (art. 6.4) or the Customer’s objection to a new sub-processor (Annex A, A3), or of the definitive and involuntary cessation of the Customer’s business (transfer of the business, bankruptcy, death of the owner of a sole proprietorship), upon supporting evidence. In all other cases, the balance is retained by Novarim; the Customer keeps access to the service until the annual renewal date.

7.5 At the end of the subscription, the Customer deactivates call forwarding if it had any, and the Novarim Number no longer reaches Aralys. Novarim returns or deletes the data in accordance with art. 8.

8. Data protection and recordings

8.1 Novarim processes personal data in accordance with the Federal Act on Data Protection (FADP) and, where applicable, the GDPR. The database is hosted in Europe. The telephony, voice and transcription of each call are processed in the United States, with adequate safeguards within the meaning of the FADP (Annex A, A3). Novarim may change sub-processor provided it guarantees an equivalent level of protection.

8.2 Transcripts and call logs. Calls handled by Aralys are transcribed and summarised for the purpose of performing the service. This content is accessible to the Customer via its Dashboard, and to authorised Novarim staff for operations and support, solely for the purposes of Annex A. At the start of each call, Aralys announces that it is a voice assistant and that the conversation is processed and transcribed; the Customer undertakes not to deactivate this announcement or have it modified.

8.3 Roles. For callers’ data (the Customer’s end customers), the Customer is the controller and Novarim the processor. Annex A (processing of data on behalf of the Customer: sub-processors, retention periods, security measures) forms an integral part of these GTC.

8.4 At the end of the contract, the Customer’s data is returned on request in a common electronic format, then deleted after verification by Novarim, no later than 120 days after the end of the contract, subject to statutory retention obligations and to backup copies, which are erased in accordance with Annex A4.

8.5 Novarim informs the Customer without delay, no later than 72 hours after becoming aware of it, of any data security breach likely to affect it, and assists it reasonably with its legal obligations.

8.6 The service is not yet open to professions bound by professional secrecy (art. 321 SCC).

8.7 Usage data. Novarim processes, as controller, the data relating to the use of the service by the Customer and its users, including their exchanges with the artificial intelligence features of the Dashboard, in order to provide, secure and improve its products. It may derive anonymous statistics from this data, which it keeps without time limit. Novarim does not use callers’ data for these purposes: it remains governed by Annex A. The privacy policy specifies the recipients, the countries and the retention periods.

9. Availability and maintenance

9.1 Novarim aims for high availability of the service but does not guarantee uninterrupted operation (obligation of means). Maintenance windows are, as far as possible, scheduled outside usual opening hours.

9.2 In the event of unavailability, calls to a Customer that forwards its own line follow that line’s normal behaviour: the forwarding does not go through and the line rings normally. Calls to a directly published Novarim Number may not go through during the unavailability; Novarim recommends that the Customer keep a line of its own.

10. Liability

10.1 Novarim is liable for proven direct damage caused by a culpable breach of the contract, up to a total of the higher of the following two amounts: the fees paid by the Customer over the last twelve (12) months, or CHF 1’500. To the extent permitted by mandatory law, any liability for indirect or consequential damage (lost profit, loss of customers, harm to reputation, loss of data not attributable to gross negligence by Novarim) is excluded.

10.2 Novarim does not guarantee any commercial result (number of calls, bookings or customers). Bookings taken by Aralys reflect the information provided by callers and the configuration approved by the Customer; Novarim is not liable for errors attributable to that information. Statements made by Aralys to callers bind the Customer only within the limits of its configuration. The Customer reports without delay any anomaly it notices via the Dashboard.

10.3 Liability for wilful misconduct or gross negligence and mandatory provisions (art. 100 and 101 CO) remain reserved.

11. Force majeure

Neither party is liable for non-performance due to an exceptional, unforeseeable event outside its sphere whose effects it could not reasonably prevent (natural disaster, pandemic, war, decision of an authority, widespread failure of telecommunications or electricity networks). The ordinary failure, interruption or delay of a supplier or subcontractor of Novarim (hosting, telephony, voice) is not such an event, unless it itself results from such an event. Obligations are suspended for the duration of the event.

12. Intellectual property

All rights in the service, the Dashboard, the signs ‘Novarim’ and ‘Aralys’ and the associated developments remain with Novarim or its rights holders. The Customer receives a non-exclusive, non-transferable right of use for the term of the contract. The Customer’s data remains the property of the Customer. Novarim Numbers remain assigned to Novarim and are not portable at the end of the subscription, unless agreed in writing; a Customer that publishes a Novarim Number as its contact number is informed of this when subscribing. The Customer’s own number is never affected (forwarding remains under its control).

13. Confidentiality and references

13.1 Each party keeps the non-public information of the other confidential, during the contract and for five years after its end, unless required by law or by a decision of an authority. Callers’ data remains protected without time limit (art. 8 and Annex A).

13.2 Novarim cites the Customer’s name or logo as a commercial reference only with its written consent. Any testimonial or figure that identifies the Customer requires the Customer’s consent (separate written consent).

14. Amendments to the GTC

Novarim may amend these GTC by written notice (email or Dashboard) 30 days before they come into force. If the amendment substantially disadvantages the Customer, the Customer may terminate with effect from the date it comes into force.

15. Final provisions

Notices under these GTC are given in writing; email is sufficient. Novarim receives them at info@novarim.ch, the Customer at the email address of its account. If a clause is void, the others remain valid. The Customer may not assign the contract without Novarim’s written consent. Novarim may transfer the contract to a company that it controls or that takes over its business (in particular when the business is taken over by a company); the Customer is informed of this in writing. Art. 8, 10, 12 and 13 survive the end of the contract to the extent necessary. If these GTC are translated, the French version prevails. Swiss law applies, to the exclusion of the conflict-of-law rules; exclusive place of jurisdiction at Novarim’s registered office (currently Evilard), mandatory places of jurisdiction being reserved.

Annex A — Processing of data on behalf of the Customer

A1. Purpose. Novarim processes callers’ data on behalf of the Customer (art. 9 FADP), solely for the purposes of answering calls, taking and managing bookings and maintaining the Customer’s Dashboard. It uses this data for no other purpose, transfers it to no one and trains no artificial intelligence model with it.

A2. Data processed. Identity and contact details of the caller, reason for and desired date of the booking, audio recording, transcript and summary of the call.

A3. Sub-processors. The Customer authorises the following sub-processors and categories of sub-processors:

• Hetzner Online GmbH: hosting of the API and the Dashboard, Germany (EU).
• Supabase Inc.: database, Switzerland (Zurich); US vendor, standard contractual clauses.
• Akenes SA (Exoscale): storage of encrypted backup copies, Switzerland (Geneva); Novarim alone holds the decryption key.
• Functional Software Inc. (Sentry): monitoring of technical errors, Germany (EU); US vendor.
• DeepL SE: translation of call summaries, Germany (EU).
• Brevo SAS: sending of emails, France (EU).
• Telephony: United States, Swiss-U.S. Data Privacy Framework.
• Voice, transcription and conduct of the conversation, with a language model supplied by a second provider: United States, Swiss-U.S. Data Privacy Framework.
• Sending of alert emails to the Customer: United States, Swiss-U.S. Data Privacy Framework.
• Reminders and confirmations via WhatsApp, if the Customer activates them: United States, Swiss-U.S. Data Privacy Framework.
• Reading of WhatsApp messages by a language model, if the Customer activates them: United States, standard contractual clauses.

The calendar the Customer connects (Google, Microsoft, CalDAV) remains with the provider it has chosen. The up-to-date list naming each sub-processor, with the safeguard for each transfer, is provided to the Customer on request, before subscribing as well as during the contract; it is confidential (art. 13). Novarim gives written notice of any addition or replacement of a sub-processor 30 days in advance; the Customer may object in writing within that period, on data protection grounds. If Novarim cannot continue without that sub-processor, either party may terminate with effect from the date it takes effect; on the annual billing cycle, the balance of whole unused months is refunded (art. 7.4).

A4. Retention periods.

• Audio recording and transcript at the voice provider: deleted 30 days after the call.
• Recordings at the telephony provider: deleted no later than 30 days after the call.
• Call records, transcripts and summaries in the Dashboard: their content is erased 30 days after the call; only the date, time and status remain.
• Bookings: for as long as they appear in the Customer’s calendar, then in accordance with art. 8.4.
• Encrypted backup copies of the database, on Novarim’s server and at the storage provider: erased no later than 16 days after their creation; data erased from the database may remain in them until then.

A5. Security measures. Encryption of all communications (HTTPS/TLS); data segregated by establishment; mandatory two-factor authentication for all access to the Dashboard; access by Novarim staff limited to operational and support needs; call content purged automatically in accordance with A4; other establishment data, bookings included, deleted at the end of the contract after human verification, in accordance with art. 8.4.

See also: Legal notice · Privacy policy.