Terms of Service

01Provider

Published pursuant to Art. 4 of the Electronic Commerce Act (Закон за електронната търговия).

02Definitions

Service — the ZynTrail platform at https://app.zyntrail.com, together with all features included in the subscription.

Customer — the legal entity or sole trader that has concluded a contract on these Terms.

User — a natural person holding an account in the Service, created by the Customer.

Customer Data — all data the Customer enters into the Service or which arrives in it through connected channels, including data about its own customers and counterparties, messages, files and call recordings.

Annex 1 — the Data Processing Agreement, which forms an integral part of these Terms.

03Formation of the contract

3.1 How it is concluded

The Service offers no self-service registration. An account is created by the Provider following a request from the Customer. The contract is concluded when an authorised representative of the Customer accepts these Terms and Annex 1 electronically and the Provider activates the account.

Electronic acceptance is valid under Art. 293(4) of the Commerce Act (Търговски закон) — the written form is deemed observed where the statement is recorded technically in a manner permitting its reproduction. It also takes effect under Art. 25(1) of Regulation (EU) No 910/2014, under which an electronic signature shall not be denied legal effect solely because it is in electronic form.

Customers who prefer it may sign the contract with a qualified electronic signature.

3.2 What is recorded on acceptance

On acceptance the Provider records and retains unaltered: the Customer's name and EIK (Bulgarian company ID); the name, job title and account of the accepting individual; the version numbers and SHA-256 checksum of the exact text of the Terms and Annex 1 accepted; the date and time in UTC; the IP address; and the method of acceptance.

The record is kept for the term of the contract and three years after termination. Every superseded version remains available at a permanent address.

3.3 Binding effect and order of precedence

Under Art. 298 of the Commerce Act, general terms established by a merchant bind the other party only if they were delivered to it at the time of conclusion. The Provider therefore delivers the full text of the Terms and Annex 1 as an attachment to the activation email, not merely as a link.

Under the same provision, individually negotiated terms prevail over general terms. The order of precedence is:

1. an individually signed order form or agreement;
2. Annex 1 (Data Processing Agreement);
3. these Terms of Service.

3.4 The Customer confirms it is not a consumer

On acceptance the Customer declares that it is contracting in the course of its trade or profession and is not acting as a consumer within the meaning of the Consumer Protection Act. The Provider collects the EIK at account creation precisely so that this is verifiable.

3.5 Language

The contract is concluded in Bulgarian. The published English and Russian texts are translations for convenience. In the event of discrepancy, the Bulgarian text prevails.

04Scope of the Service

The features included in each subscription plan are described in the Service and on the website. The Provider may add features. Removal or material restriction of a feature from the current plan is notified at least 60 days in advance and entitles the Customer to terminate without penalty as of the date of the change.

External channels — email, Messenger, Instagram, WhatsApp, Telegram (alerts for the team) and Twilio — are connected using the Customer's own accounts. Phone numbers and the ZynTrail Voice phone system are provided by the Provider. The Customer declares that it holds the necessary rights to them and complies with the respective providers' terms. Termination or restriction of access by such a provider is not a breach by ZynTrail.

05Trial, prices, payment

5.1 Trial

A 30-day free trial is provided on account creation. It creates no payment obligation and may be ended at any time.

5.2 Prices

Prices are stated in euro in the published price list. These Terms refer to the price list rather than reproducing it, so that a price change does not require the contract to be reissued.

Prices are exclusive of VAT. For customers VAT-registered in another Member State, the place of supply is where the recipient is established and the reverse charge applies, with the invoice bearing the corresponding annotation. The Customer must provide a valid VAT number and notify any change immediately. Where the number is invalid or withdrawn, the Provider charges Bulgarian VAT and the Customer owes the difference.

5.3 Payment

Payment is made by card through Stripe or by bank transfer against an issued invoice. The Provider does not receive or store payment card data. The subscription renews automatically for a further term equal to the preceding one unless terminated.

5.4 Price changes

The price is fixed for the current subscription term. Changes take effect from the next term and are notified at least 30 days before the renewal date. The Customer may decline by terminating before renewal. Continued use after the start of the new term constitutes acceptance.

The Provider does not reserve a right to change the price unilaterally within a current term.

5.5 Late payment

On late payment the Provider is entitled to statutory interest under Art. 294 of the Commerce Act, and to compensation for recovery costs under the rules on late payment in commercial transactions.

5.6 Refunds

No statutory right of withdrawal applies between merchants. Amounts paid are not refunded pro rata on termination before the end of the term. Termination takes effect at the end of the paid period.

06On expiry: read-⁠only, not deletion

On expiry of the subscription a 7-day grace period applies, during which the Service operates unchanged.

After the grace period the account enters read-only mode: the Customer and Users retain access to all data and may view and export it, but cannot create or modify records. No data is deleted.

The purpose of retaining data in this mode is to give the Customer the export window under section 8, not to serve as leverage for payment.

The precise scope of the restriction — what happens to incoming messages, calls and external notifications in this mode — is described in the Service, in the subscription section.

07Availability

The Provider prefers to state verifiable numbers rather than a percentage it cannot guarantee.

7.1 What the Provider owes

The Provider exercises the care of a prudent merchant under Art. 302 of the Commerce Act and performs in good faith under Art. 63 of the Obligations and Contracts Act. These duties cannot be excluded by contract and are not excluded by these Terms.

7.2 What the Provider does not guarantee

The Provider does not guarantee any particular availability percentage. The Service runs from a single server configuration without real-time redundancy. A 99.9% commitment on such infrastructure would be a promise that cannot be kept, and a breached commitment is worse than an absent one.

7.3 What the Provider guarantees instead — measured figures

These are targets, not guarantees, and they derive from an actually performed drill rather than from an estimate.

The distinction between the second and third rows is deliberate. Six seconds is the time taken to bring the data back from a backup. It does not include detecting the failure, provisioning a new host, or repointing addresses. The Provider states what was measured as measured and what was not as not measured, rather than merging the two into a single more flattering figure.

The drill is repeated and the results documented.

7.4 Planned maintenance

Planned maintenance is announced at least 48 hours in advance. Emergency security updates are applied immediately and without prior notice.

7.5 Dependencies

The Provider is not liable for unavailability caused by: Meta (Messenger, Instagram, WhatsApp), Google, Stripe, Telegram, the AI providers, the telephony platform, or the hosting provider. These are named individually because a substantial part of the functionality depends directly on them, and a general reference to "third parties" would conceal the actual allocation of risk.

7.6 Force majeure

Art. 306 of the Commerce Act applies. The affected party notifies the other in writing within a reasonable time. If the impediment persists long enough that the other party no longer has an interest in performance, either party may terminate.

08Termination, data export, deletion

8.1 Termination

The Customer may terminate at any time through the Service or the Stripe portal. Termination takes effect at the end of the paid period.

The Provider may terminate on 60 days' notice, and without notice for a material breach not remedied within 14 days of written demand.

8.2 Suspension

The Provider may suspend access immediately in the event of an active security threat, use of the Service for unlawful activity, or sending unsolicited bulk messages that endanger the Provider's accounts with channel providers. The Customer is notified as soon as practicable.

8.3 Data export

After termination the Customer has 30 days in which to export its data.

What can be exported, exhaustively:

What cannot be exported automatically, and why:

• Call recordings — not exported through the interface. For calls made through ZynTrail's own telephony platform, recordings are held on the Provider's infrastructure and are supplied on written request within the period stated in the final paragraph of this section. Where a direct integration with an external provider is used, recordings are held by that provider and the Customer downloads them from its account there.
• Shift, leave and attendance data — there is currently no single-operation export.
• A full copy of the database in one file — not offered through the interface.

For each of the categories listed above that is not exported automatically and is held by the Provider, the Provider supplies the data in a machine-readable format on written request, within 14 days and free of charge.

The enumeration is exhaustive by design — a requirement of Art. 25 of Regulation (EU) 2023/2854. A general sentence saying "you may export your data" does not satisfy it.

8.4 Switching providers

Under Regulation (EU) 2023/2854 (Data Act):

• the notice period for initiating a switch is no more than 2 months;
• the transitional period for transfer and retrieval is at least 30 days, extended at the Customer's request;
• the Provider imposes no contractual, commercial, technical or organisational obstacles to switching;
• the Provider levies no switching or export charge.

8.5 Deletion

After the period in 8.3 expires, Customer Data is deleted from live systems within 14 days, unless the Customer has requested earlier deletion or return.

The choice between deletion and return belongs to the Customer, under Art. 28(3)(g) GDPR.

Backups are overwritten on a rolling cycle — up to 7 days for the on-server copy and up to 30 days for the offsite copy. An erased record may persist in a backup for at most 30 days after erasure from the live system. During that period the copies are not read, except in an actual disaster recovery event.

Accounting and tax documents subject to a statutory retention period are not deleted. Those documents are the Provider's data in its capacity as controller, not Customer Data.

09Customer obligations and warranties

The Customer declares and undertakes:

• to have a lawful basis for the data it enters into the Service, and to have informed its own data subjects;
• to have informed its own employees about the processing of their data in the Service, including call recording and working-time records;
• not to enter special categories of data under Art. 9 GDPR, or criminal conviction data, without prior written agreement with the Provider;
• not to use the Service for unsolicited bulk messaging;
• to keep credentials confidential and to revoke the rights of departing employees;
• to comply with the terms of the connected channel providers.

10Call recording

Where the Customer uses the telephony functionality, calls are recorded.

The Customer is the controller of the recordings. It decides whether to record, for what purpose and for how long, and it owes the notification. The Provider supplies the technical capability.

The Customer undertakes: to ensure notification before the recording begins; to inform both the external participant and its own employee; not to rely on employee consent as a basis, insofar as it is not valid in an employment relationship; and to set a retention period.

Where the recording is stored depends on the call path. For calls through ZynTrail's own telephony platform, the recording is held on the Provider's infrastructure, the Provider acting in that capacity as a processor on the Customer's instructions. Where a direct integration with an external telephony provider is used, the recording is held by that provider and ZynTrail keeps only a reference. In both cases ZynTrail stores the call metadata.

The distinction determines to whom a request to delete or to access a recording must be addressed, and is therefore stated rather than generalised.

11Artificial intelligence

• The model provider is determined by the subscription plan, is not chosen by the Customer, and is named in section 6 of the Privacy Policy.
• Processing is carried out on the Customer's instructions; the Customer remains controller of the content.
• Customer Data is not used to train models — neither by the Provider nor by the model provider.
• The Customer may disable AI features entirely.
• Where an AI feature communicates directly with a natural person, the Service informs that person that they are interacting with an automated system, in accordance with Art. 50 of Regulation (EU) 2024/1689. The Customer may not disable or misrepresent this notification.
• Special categories of data under Art. 9 GDPR are not to be routed to the AI features (see also Annex 1, section 1).

12Intellectual property

The platform, source code, interface and documentation are and remain the Provider's property. The Customer receives a non-exclusive, non-transferable right of use for the term of the contract.

Customer Data remains the Customer's. The Provider acquires no rights in it and does not use it for its own purposes — see section 6 of Annex 1.

If the Customer provides suggestions for improvement, the Provider may use them without obligation to pay. This does not extend to Customer Data.

13Confidentiality

Each party keeps confidential the other's information to which it gains access and does not disclose it to third parties except to staff and subcontractors bound by the same duty. The obligation applies for the term of the contract and 3 years after termination, and for trade secrets until they lose that character.

14Liability

14.1 What cannot be limited

The limitations in this section do not apply in cases of intent or gross negligence, pursuant to Art. 94 of the Obligations and Contracts Act, which renders void any prior agreement excluding such liability. Nor do they apply where the law otherwise does not permit limitation.

14.2 Scope of damages

Damages cover loss that was foreseeable at the time the contract was concluded, under Art. 82 of the Obligations and Contracts Act. No compensation is due for lost profits, for indirect loss or for unforeseeable loss.

14.3 Cap

The Provider's total liability under the contract for all events in any twelve consecutive months shall not exceed the amount paid by the Customer for that same period.

Exception: for breach of the confidentiality obligation and for a personal data breach for which the Provider is responsible, the cap is three times the annual subscription fee.

14.4 GDPR liability

The limitations in this section govern the contractual relationship between the Provider and the Customer. They do not and cannot affect a data subject's right to seek compensation directly from the Provider or the Customer under Art. 82 GDPR, including their joint and several liability and the right of recourse between them. A clause purporting to limit liability towards a data subject would be void in that part and is therefore not included.

14.5 Contractual penalties

An agreed penalty is not subject to reduction for being excessive, under Art. 309 of the Commerce Act. This rule operates in favour of both parties.

15Amendments

Amendments are notified at least 30 days in advance and take effect from the next subscription term. Continued use after the start of the new term constitutes acceptance. A Customer that does not accept an amendment may terminate before renewal without penalty.

Only amendments required by law or by a change in a sub-processor's terms take immediate effect. In such a case the Provider states the reason expressly.

Annex 1 is amended under a different procedure — see section 11 of that Annex. The reason is that it reflects the Customer's instructions as controller and cannot be changed unilaterally.

Every version carries a number, a date and a description of the changes. Superseded versions remain available at permanent addresses.

16Assignment

The Customer may not assign its rights without the Provider's written consent. The Provider may assign the contract on a corporate reorganisation or sale of the business, notifying the Customer and giving it a right to terminate within 30 days.

17Governing law and jurisdiction

Bulgarian law applies, pursuant to Art. 3 of Regulation (EC) No 593/2008.

Disputes shall be resolved by the competent court in Sofia, Bulgaria, pursuant to Art. 117(2) of the Civil Procedure Code and Art. 25 of Regulation (EU) No 1215/2012. Under Art. 25(2) of that Regulation, any communication by electronic means which provides a durable record of the agreement is equivalent to writing — which is what makes this clause binding where the Terms were accepted electronically.

If any clause is held invalid, the remainder continues in effect and the invalid clause is replaced by a permissible clause of the closest effect.