Terms of Use of the Service
1 FOREWORD.
These Terms of Use of the Service (the “Terms“) govern the use of the chatbot (the “ChatBot“) provided by StayEase S.r.l., headquartered in Venice Sestiere Castello 1790, C.F. and P. IVA IT04830510279 (“StayEase“) within the StayEase platform accessible through the following link https://assistant.stayeasechat.com (the “Platform“) or accessible through access to the StayEase client’s website (the “Client“). By using the ChatBot, you (the “User“) represent and agree to be bound by these Terms of Use.
To use the Service, you must be at least 18 years old or have permission from your parent or legal guardian. Those who accept these Terms of Use, in the name and on behalf of a corporation, association, or other legal entity, represent and warrant that they have the relevant power and authority to do so.
2 SERVICE.
2.1 ChatBot object functionality
The ChatBot provided by StayEase is an artificial intelligence-based service designed to answer Users’ questions, provide information and assist them with reference to the accommodation and/or other services provided for the User’s benefit
The ChatBot is a software that analyzes the text of the User’s questions and responds according to the training performed based on the information provided by the Client and proprietary algorithms. It is understood that the quality of the responses provided by the ChatBot may vary, and StayEase cannot guarantee the accuracy or usefulness of these responses.
No claim for damages, refunds or other grievance shall be made against the Client and/or StayEase as a result of and as a consequence of incorrect and/or incomplete and/or inaccurate answers given by the ChatBot.
2.2 Using the ChatBot
By using the ChatBot, the User agrees to:
a) not post, send or share defamatory, offensive, intimidating, illegal, racist, discriminatory, obscene or inappropriate content in any form through the ChatBot;
(b) Do not use the ChatBot to conduct illegal or immoral activities;
c) not attempt to compromise the security of the ChatBot or access confidential information related to the service provided by StayEase;
d) not copy, distribute, modify, reverse engineer, decompile, or attempt to extract the source code of the ChatBot or any component part thereof, without StayEase’s prior written consent;
e) not to use the ChatBot to disparage, defame and generally damage the image of StayEase, the Client and/or third parties;
f) not to use the Platform or the content therein for illicit purposes;
(g) not send data or information or otherwise transmit material through the ChatBot that is (i) protected by copyright, trade secret, or otherwise subject to third party rights or intellectual property rights, including privacy and marketing rights, unless the User is the rightful owner of such rights or has the rightful owner’s permission to send or transmit such data or information; (ii) is illegal, fraudulent, abusive, or integrates or encourages conduct that could be considered a crime, or does or may give rise to civil liability or violates any law, rule, or regulation;
(h) not engage in spamming, flooding, phishing or other activities intended to gather information illegally;
(i) not transmit any software or other material that contains malicious code, including but not limited to viruses, worms, Trojans, etc;
j) not modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any part of the Platform;
k) not to use the Platform in any way and/or for any purpose that may adversely affect StayEase’s interests;
l) not engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform and/or ChatBot or that may harm StayEase or its Customers and/or expose them to liability, or that is otherwise inconsistent with the purposes for which the Platform and ChatBot are made available.
2.3 Availability of the Service
StayEase does not guarantee that there will be no interruptions, suspensions, disruptions, or malfunctions in the use of the Platform and the ChatBot, possibly due to the effect of virus o bugs information technology, or that such interruptions, suspensions, disruptions or malfunctions are remedied in a timely manner, subject to StayEase’s commitment to do what is reasonably necessary to remedy such situations.
Access to the Platform and/or ChatBot may also be occasionally suspended or restricted to allow for repair work, maintenance, or the introduction of new features or services. StayEase will attempt to limit the frequency and duration of such suspensions and limitations. In such cases, StayEase cannot be held liable in any way for any damages or losses, direct or indirect, suffered by Users and/or third parties.
The Chatbot is provided as-is in the versions time to time in effect, without StayEase making any representations or warranties, implied or express, about it.
StayEase will endeavor to ensure that the ChatBot is available 24 hours a day without interruption, but shall in no way be held liable if, for any reason, the ChatBot is not accessible and/or operational at any time or for any period. Access to the ChatBot may be suspended temporarily and without notice in the event of system failure, maintenance, repairs, or for reasons wholly beyond StayEase’s control or for force majeure events.
You acknowledge and agree that circumstances beyond the control of the Company may occur that may cause temporary interruptions or disruptions to the Platform and/or ChatBot, including but not limited to technical malfunctions, connectivity problems, or cyber attacks. In these cases, StayEase shall in no way be held liable for any damages or losses, direct or indirect, suffered by Users and/or third parties.
3 INTELLECTUAL PROPERTY
3.1 Intellectual Property
StayEase owns all intellectual property rights inherent in the ChatBot or, where a third party owns the intellectual property rights, represents that it has obtained from that third party the right to market or distribute the ChatBot. StayEase reserves all rights, including the right to make corrections on the service.
The Terms of Use do not grant the User any ownership rights in the ChatBot, its technology, or the intellectual property rights of StayEase or any third party.
4 PROCESSING OF PERSONAL DATA
By using the ChatBot, you agree that personal data entered into the live chat may be collected, processed and used for the purpose of improving the ChatBot’s functionality and User experience, as further detailed in the Privacy Policy https://stayeasechat.com/privacy-policy/
LIMITATION OF LIABILITY. MANLEVA
By using the ChatBot, you agree that the ChatBot is provided “as-is ” and “as available.” It is understood that StayEase makes no representations or warranties, express or implied, regarding the reliability, accuracy, completeness, or suitability of the Chatbot for the purpose for which it will be used.
Except in cases of willful misconduct or gross negligence, in no event shall StayEase be liable for any damages, direct or indirect, suffered by the User in connection with the use of the ChatBot.
5 APPLICABLE LAW AND JURISDICTION
This Contract shall be governed by and construed in accordance with Italian law.
For any dispute relating to the application, execution and interpretation of these Terms of Use, the court of the place where the User resides or has elected domicile (if in Italy) shall have jurisdiction. Otherwise, the Court of Venice has jurisdiction.
A User residing in a Member State of the European Union other than Italy may also have access, for any dispute relating to the application, enforcement and interpretation of these Terms of Use, to the European Small Claims Procedure established by Regulation (EC) no. 861/2007 of the European Parliament and of the Council of July 11, 2007, provided that the value of the dispute does not exceed, excluding interest, fees and expenses, Euro 2,000.00.
StayEase informs the User that a European platform for online consumer dispute resolution (“ODR Platform“) has been established. The ODR Platform can be found at ec.europa.eu/consumers/odr. Through the ODR Platform, the User will be able to consult the list of ADR entities and initiate an online dispute resolution procedure in which he or she is involved.