General Terms of Sale and Use

Article 1 — Purpose

These general terms define the conditions for subscribing to and using the HostMind AI service, together with the rights and obligations of the parties.

They are entered into between the publisher, hereinafter "the Provider", and any legal entity or individual acting for professional purposes who subscribes, hereinafter "the Customer".

The service is intended exclusively for professionals. It is not offered to consumers. The provisions of the French Consumer Code, in particular the right of withdrawal, do not apply.

Article 2 — Identification of the Provider

Margaux Dubois

Sole trader (micro-entreprise)

Registered office: 14 avenue José Maria de Heredia, 44300 Nantes, France

SIREN: 100 741 917

Registered activity: online sale of digital services by subscription to businesses

Email: info@ai-host-mind.com

Website: ai-host-mind.com

Article 3 — Description of the service

HostMind AI is a software service accessible online enabling a hotel establishment to provide its guests with a conversational assistant based on artificial intelligence.

The assistant answers guests' questions from the content entered by the Customer in the administration interface, and may supplement its answers with general information about the establishment's surroundings.

Access to the assistant is by means of a public link or an access code made available by the Customer. No guest authentication is required.

The service constitutes neither a booking service nor a mandate given to the Provider to bind the Customer towards third parties.

Article 4 — Plans and subscription

The service is offered under the plans described on the pricing page, each defining a functional scope, a number of establishments and a maximum retention period for conversations.

Subscription is completed online. The Customer warrants the accuracy of the information provided and that it has authority to bind the legal entity it represents.

The Customer is responsible for the confidentiality of its credentials and for any use made through its account.

Article 5 — Trial period

A first subscription for an establishment gives entitlement to a free trial period of seven (7) days.

This period requires a payment method to be registered.

Failing termination before its end, the subscription continues and the first payment is taken at the end of the trial period.

Article 6 — Price, invoicing and payment

The applicable prices are those displayed on the pricing page on the day of subscription. They are expressed in euros and exclusive of tax.

VAT not applicable, article 293 B of the French General Tax Code.

Payment is made by bank card, by automatic debit at each due date, through the payment provider Stripe. The Provider has no access to any bank card data.

Monthly subscriptions are invoiced in advance each month. Annual subscriptions are invoiced in advance in a single payment for twelve months.

In the event of a failed payment, the Provider informs the Customer. Access to the service is maintained for seven (7) days from the unpaid due date. After that period, access is suspended until the situation is regularised.

In accordance with article L. 441-10 of the French Commercial Code, any late payment automatically gives rise to late payment penalties at the interest rate applied by the European Central Bank to its most recent refinancing operation plus ten percentage points, together with a fixed indemnity of forty (40) euros for recovery costs.

Article 7 — Term, renewal and termination

Monthly subscriptions are entered into for a term of one month, tacitly renewable for periods of equal length. Annual subscriptions are entered into for a term of twelve months, tacitly renewable.

No notice period is required. Termination takes effect at the end of the current subscription period. Sums already paid in respect of that period remain vested in the Provider and are not refunded on a pro rata basis.

The Customer may terminate at any time from its management area.

The Provider may terminate the subscription in the event of the Customer's breach of its obligations, after a formal notice has remained without effect for fifteen (15) days.

On termination, the Customer may request, by email sent before the effective date, the return of the content it has entered in the application together with the history of conversations still retained at that date. The return is made in CSV or JSON format, within fifteen (15) working days of the request.

After a period of thirty (30) days from the effective date of termination, the Customer's data is permanently deleted.

Article 8 — Customer obligations

The Customer is solely responsible for the content it enters in the application, for its accuracy and for keeping it up to date.

- It ensures that it does not enter any information it would not wish to be communicated to any person holding the public link to the assistant, including the establishment's wireless network credentials. - It informs its guests, by any appropriate means, of the existence of the assistant and of its automated nature. - It refrains from any use of the service contrary to the law, to third-party rights or to its intended purpose. - It does not attempt to circumvent the technical limitations of the service, in particular the rate limits intended to preserve its operation.

Article 9 — Nature and limitations of the service

The Customer acknowledges that the service relies on generative artificial intelligence technology, whose answers are produced probabilistically.

Consequently, the assistant may produce inaccurate, incomplete or outdated answers, in particular regarding information about the establishment's surroundings which does not come from content entered by the Customer.

The Customer remains responsible for the information communicated to its own guests. It is for the Customer to verify the content it enters and to put in place such control measures as it deems necessary.

The Provider gives no warranty as to the relevance of the answers produced.

Article 10 — Availability, maintenance and support

The Provider implements reasonable means to ensure the accessibility of the service, without undertaking any quantified availability commitment. Operation of the service depends in particular on third-party technical providers whose availability the Provider does not control.

The service may be interrupted for maintenance operations, for security reasons, or as a result of a technical provider's failure. The Provider endeavours, so far as possible, to inform the Customer of scheduled interruptions.

Support: requests are sent to support@ai-host-mind.com, Monday to Friday, excluding public holidays. The Provider endeavours to reply within one (1) working day. This period is indicative and does not constitute a contractual commitment.

Article 11 — Personal data

In performing the service, the Customer acts as controller for the data of its own guests, and the Provider as processor within the meaning of Regulation (EU) 2016/679.

The terms of that processing are set out in the data processing agreement annexed to these terms, of which it forms an integral part, available at ai-host-mind.com/legal/dpa.

Processing for which the Provider acts as controller, in particular account management and invoicing, is described in the privacy policy.

Article 12 — Intellectual property

The Provider remains the holder of all intellectual property rights relating to the service. The Customer is granted, for the term of the subscription, a personal, non-exclusive and non-transferable right of use.

Content entered by the Customer remains its property. The Customer grants the Provider a licence limited to its use solely for the purpose of performing the service.

The Provider does not use the Customer's content and conversations for the purpose of training artificial intelligence models. Exchanges are transmitted to a third-party model provider solely for the purpose of generating answers, under the conditions set out in the privacy policy.

Article 13 — Liability

The Provider's liability may be engaged only in the event of proven fault and for direct damage only.

Indirect damage is excluded, in particular loss of revenue, loss of customers, damage to image and commercial loss.

In any event, the Provider's liability is capped at the total sums actually paid by the Customer in respect of the twelve (12) months preceding the triggering event.

These limitations do not apply in the event of wilful misconduct, gross negligence, or in cases where the law excludes them.

Article 14 — Confidentiality

Each party undertakes to preserve the confidentiality of non-public information of which it becomes aware in connection with the performance of the contract, for its term and for three (3) years from its end.

Article 15 — Force majeure

Neither party may be held liable for a breach resulting from an event of force majeure within the meaning of article 1218 of the French Civil Code.

Article 16 — Amendment of the general terms

The Provider may amend these terms. Substantial amendments are notified to the Customer by email at least thirty (30) days before they take effect.

A Customer who refuses the new terms may terminate its subscription before that date, without penalty.

Article 17 — Governing law and jurisdiction

These terms are governed by French law.

Failing an amicable resolution, any dispute relating to the formation, interpretation, performance or termination of this contract falls within the exclusive jurisdiction of the courts of Nantes, France.