Terms and Conditions of Service

These Terms and Conditions govern the contracting and use of the ACCOLIER service (hereinafter, the "Service") by hotels, resorts and similar establishments (hereinafter, the "Client").

1. SERVICE PROVIDER IDENTIFICATION

2. SERVICE DESCRIPTION

Accolier is a B2B service that provides virtual concierges based on artificial intelligence through photorealistic avatars for guest service and attention in hotels and resorts.

Main features:

• Conversations through artificial intelligence with photorealistic digital avatars
• 24/7 availability for guest service
• Administration panel for hotel staff
• Personalized experience per guest
• Integration with hotel PMS systems

The Service does NOT constitute:

• A medical, therapeutic or mental health service
• A substitute for professional healthcare
• A medical monitoring or emergency system

3. CONTRACTING CONDITIONS

3.1 Client Requirements

The Client declares and warrants that:

• It is a legally constituted legal entity or a self-employed professional
• It has the legal capacity to contract
• It has the necessary administrative authorizations for its activity

3.2 Contract formalization

Contracting the Service requires:

1. Demo request or commercial contact
2. Negotiation of particular conditions
3. Signing of the service provision contract
4. Signing of the data processing agreement (DPA)
5. Initial Service configuration

3.3 Duration and renewal

The conditions of duration, renewal and cancellation will be established in the particular contract signed with each Client.

4. OBLIGATIONS OF THE PARTIES

4.1 Obligations of BuddyBeam S.L.

• Provide the Service as contracted
• Maintain Service availability according to agreed levels (SLA)
• Provide technical support to the Client
• Implement adequate security measures
• Comply with data protection regulations as data processor
• Notify security incidents as established in the DPA

4.2 Client Obligations

• Pay the agreed fees within the established deadlines
• Use the Service in accordance with these terms and the law
• Obtain necessary consents from guests when applicable
• Adequately inform guests about the use of AI
• Provide truthful information in the Service configuration
• Report incidents to BuddyBeam in a timely manner
• Not use the Service for illegal or unauthorized purposes

5. DATA PROTECTION

5.1 Roles in processing

In relation to the data of guests using the Service:

• The Client acts as Data Controller
• BuddyBeam S.L. acts as Data Processor

5.2 Data Processing Agreement (DPA)

The provision of the Service requires the signing of a Data Processing Agreement that will regulate:

• The Client's instructions for processing
• Applicable security measures
• The sub-processor regime
• Procedures for exercising rights or security breaches
• Conditions for data return or destruction

5.3 Client Obligations as Controller

The Client is responsible for:

• Obtaining informed consent from guests when necessary
• Informing guests about the use of artificial intelligence
• Attending to data subjects' exercise of rights
• Determining the purposes of processing within the framework of the Service

5.4 Data processed

Accolier processes, on behalf of the Client:

• Guest name or alias
• Preferences and information entered by hotel staff
• Conversation history with the virtual concierge
• Service usage data

The purpose of the Service does not include processing special category data (health, ethnic origin, beliefs, etc.). However, since guests may freely mention any topic during conversations, the content of such conversations may incidentally include this type of information. The Service is not designed to actively collect, analyze or process such data.

6. INTELLECTUAL AND INDUSTRIAL PROPERTY

6.1 BuddyBeam Ownership

The following are the exclusive property of BuddyBeam S.L.:

• The software, source code, algorithms and artificial intelligence models of the Service
• The architecture, structure and technical design of the platform
• The designs, trademarks, logos, trade name and visual identity
• Technical, commercial and training documentation
• The databases, methodologies and know-how associated with the Service
• Improvements, updates and developments made to the Service
• Any material derived or created during the provision of the Service

6.2 License of use

BuddyBeam grants the Client a limited, non-exclusive, non-transferable and revocable license to use the Service during the term of the contract, exclusively for the intended purposes.

6.3 Generated content

Content generated by AI during conversations is the property of BuddyBeam S.L., without prejudice to the Client's access to such content for Service purposes.

7. LIMITATIONS AND EXCLUSIONS

7.1 Nature of the Service

The Client acknowledges and accepts that:

• The Service uses generative artificial intelligence
• Responses may contain inaccuracies
• The Service does not replace professional human attention
• Guests interact with an automated system, not real people
• The Service does NOT constitute or replace medical, health, therapeutic, psychological, psychiatric or mental health services
• The Service does NOT provide diagnoses, treatments or medical advice of any kind
• The Service is NOT an emergency, health monitoring or medical alert system

7.2 Exclusion of warranties

The Service is provided "as is". BuddyBeam does not guarantee:

• That the Service will be uninterrupted or error-free
• The suitability of the Service for specific purposes not agreed upon
• Specific results derived from the use of the Service

7.3 Limitation of liability

BuddyBeam will not be liable for:

• Indirect, consequential damages or loss of profits
• Misuse of the Service by the Client or guests
• Decisions made based on content generated by AI
• Breaches arising from force majeure

BuddyBeam's maximum liability will be limited to the amount paid by the Client in the 12 months prior to the event causing the claim.

8. CONFIDENTIALITY

Both parties agree to maintain the confidentiality of information exchanged in connection with the contractual relationship, including commercial conditions, technical data and any non-public information.

This obligation will remain in force during the contractual relationship and for 3 years following its termination.

9. SERVICE MODIFICATIONS

BuddyBeam reserves the right to:

• Update and improve the Service
• Modify features provided they do not substantially affect the contracted service
• Incorporate new features

Substantial changes will be communicated with reasonable advance notice.

10. SUSPENSION AND TERMINATION

10.1 Causes of suspension

BuddyBeam may suspend the Service for:

• Non-payment of amounts due
• Improper or fraudulent use of the Service
• Serious breach of these terms
• Requirement of competent authority

10.2 Termination

The contract may be terminated by:

• Mutual agreement of the parties
• Expiration of the contracted period without renewal
• Serious breach by either party
• Causes established in the particular contract

10.3 Effects of termination

After termination:

• BuddyBeam will provide the Client with their data as established in the DPA
• The Client will no longer have access to the Service
• Confidentiality obligations and clauses that by their nature must remain in force will survive

11. APPLICABLE LAW AND JURISDICTION

These terms are governed by Spanish law.

For the resolution of disputes, the parties submit to the Courts of Tarragona, waiving any other jurisdiction that may correspond to them.

12. CONTACT

For inquiries about these terms:

BUDDYBEAM, S.L. Email: info@accolier.com Phone: Available in contract Address: Carrer del Pare Palau, N.º 5, Izquierda, Entresuelo 3, 43001 – Tarragona, Spain