Términos y condiciones contratación

TERMS AND CONDITIONS OF CONTRACT AND USE OF BOOKYBOT

Please read these Terms and Conditions of Contract and Use of the BOOKYBOT Service carefully before contracting or registering. Their acceptance attributes the status of user and expresses the user's full and unreserved acceptance of each and every one of the terms of the Conditions of Contract and Use of the BOOKYBOT service. If you do not agree with these terms, do not contract the service. Likewise, your use of the service implies acceptance of all the terms of these Conditions of Use.

These Conditions of Use regulate the relationship established between MINT TECHNOLOGY CLOUD, S.L. (hereinafter MINTT), with C.I.F. B87472833 with registered office in Getafe, Madrid, Avda. Leonardo Da Vinci, 8 and the user (hereinafter the CLIENT), for the provision of the BOOKYBOT service.

The parties formalize this Contract for the provision of the BOOKYBOT service and subject it to the following

Stipulations

FIRST - Object

The object of this Contract is the provision of the BOOKYBOT service that MINTT, within the framework of its own activity and in the exercise of it, will provide in favor of the CLIENT.

SECOND - Description of the service

This service consists of a virtual assistant for use by restaurants, which serves CLIENT users to automate service.

BOOKYBOT is a software that is hosted in the cloud.

BOOKYBOT can serve CLIENT users through different communication channels: telephone, chat, WhatsApp. The channels used depend on what the CUSTOMER has contracted.

The CUSTOMER does not purchase a software license but pays for its use in the software as a service (SaaS) modality, and only has the right to use the service for as long as it is contracted.

In the event that BOOKYBOT answers by telephone, the telephone number to which it is connected and where it answers calls may be transferred for use by MINTT to the CLIENT. In this case, the telephone number belongs to MINTT, which transfers its use to the CUSTOMER while the CLIENT has contracted the service.

If the telephone number to which BOOKYBOT is connected comes from a portability and belonged to the CUSTOMER before contracting this service, in the event of its cancellation, the CLIENT may claim the telephone number from MINTT through a portability request.

THIRD - Scope

BOOKYBOT dialogues with users to automate certain processes:

3.1 Table reservation

This functionality allows a user to make a reservation for a table for a specific date and time and for a certain number of diners by dialoguing with BOOKYBOT.

3.2 Modification of a reservation

Through a conversation with BOOKYBOT, a user can modify a previous table reservation.

3.3 Cancellation of a reservation

This functionality allows a user to cancel a reservation they had previously made.

3.4 Answer to frequently asked questions

BOOKYBOT answers user questions related to the CLIENT's restaurant.

3.5 Call transfer

At any time during the conversation, and if the user requests it, the conversation can be transferred to a telephone number that had previously been established by the CUSTOMER.

This transfer can be phone to phone or chat to phone.

3.6 Integration with the restaurant reservation book

The assistant is integrated with the RESTOO reservation book.

3.5 Configuration of restaurant data and texts used in dialogs

The CLIENT, through the web portal www.bookybot.es, and using the username and password that they configured when registering, can change both the restaurant data as well as the texts that BOOKYBOT uses throughout a conversation with the user.

BOOKYBOT has the capacity to serve the user in up to a maximum of four languages selectable by the CLIENT.

FOURTH - Duration

This Contract will come into force at the time a CUSTOMER contracts any of the plans that exist on the BOOKYBOT portal.

The CUSTOMER may cancel the subscription to the BOOKYBOT service at any time. In that case, the subscription will remain active until the end of the current period that is already billed and paid.

FIFTH – Economic conditions

The prices of the BOOKYBOT service are those that appear on the portalwww.bookybot.es in the Plans and prices section. The prices shown there do not include VAT.

MINTT reserves the right to modify plans and prices at any time.

MINTT, if it so considers, may apply an annual price increase to clients who have already contracted the service, based on the CPI (consumer price index) indicator, published at that time.

MINTT invoices and charges the CUSTOMER for periods of one month in advance. The billing and collection day will be the day of the month in which the CUSTOMER contracted the plan.

The payment methods accepted by MINTT are by bank card or Paypal.

In the event that the CLIENT does not pay any fee, MINTT may suspend the service until the CLIENT pays the fee or fees pending payment. If the CLIENT, within a period of one month, does not pay the outstanding fees, MINTT may unilaterally cancel the service to the CLIENT, and initiate a claim for the debt and damages caused to MINTT due to non-payment. , if you consider it so.

SIXTH – Responsibilities and obligations of MINTT

The BOOKYBOT service is based on a computer system with software. As such, the system is fallible.

BOOKYBOT processes and understands what the user says in natural language. Although MINTT conducts extensive training of BOOKYBOT so that it is able to understand the intentions expressed by a user, sometimes it may not understand a user correctly.

BOOKYBOT uses third-party simultaneous translation services in the event of having to serve users in a language other than Spanish. Although the degree of accuracy and precision of the translations is very high, MINTT does not guarantee 100% accuracy.

MINTT does not assume any responsibility towards the CUSTOMER or its users regarding this type of adjustments that may be necessary to improve the understanding of BOOKYBOT, but undertakes to correct the deficiencies found and to retrain BOOKYBOT to improve the understanding capabilities in the shortest time. possible, without this meaning that similar situations will not occur again in the future.

Given that the CLIENT can personalize the service through the portal www.bookybot.es, MINTT is not responsible for the content of the texts, and therefore, is not responsible for spelling errors made by the CLIENT, writing errors, and nor content such as recommendations, advice, offers and promotions, etc., that the CLIENT may publish and that are reproduced to the user by BOOKYBOT.

MINTT is also not responsible in the event that the CLIENT or its users make non-legitimate or fraudulent use of the BOOKYBOT service, conduct contrary to the law, morality or public order.

MINTT has no responsibility for the users who use the service, the actions they carry out, the content they access, the information provided to BOOKYBOT, or the messages they may say to BOOKYBOT in a conversation.

The BOOKYBOT service is provided as is, without any guarantee that it meets the CUSTOMER's requirements, and the CUSTOMER assumes its own risk when using it. MINTT only guarantees that BOOKYBOT complies with the functionality published on the portalwww.bookybot.es.

MINTT, as well as its administrators, directors, directors or executives, agents or resellers, do not assume any responsibility for loss of profits, loss of information, cost of acquiring substitute goods or services, or special, indirect, incidental, punitive damages. , compensatory or consequential of any kind that arise.

MINTT does not assume any responsibility for service interruptions resulting from major causes, or caused by cyber attacks that may be suffered by MINTT platforms or those of its suppliers.

Since the CLIENT, when configuring the service, may include links to external web pages, MINTT is not responsible for the availability of those pages, their content, advertisements, products or services, or any material available through those pages.

MINTT guarantees monthly service availability of 99.5% of the time.

SEVENTH – Responsibilities and obligations of the CLIENT

The CLIENT undertakes, by this Contract, to collaborate with MINTT to facilitate the provision of the BOOKYBOT service that is the object of this Contract.

The CLIENT undertakes to provide MINTT with access to all the information necessary for the adequate provision of the service.

The CLIENT authorizes MINTT to change the versions of the software used to provide the service, whenever MINTT considers it necessary, whether by manual or automatic means.

THE CUSTOMER is responsible for using the BOOKYBOT service in environments where such use is legally permitted.

THE CUSTOMER will not modify, adapt, translate, reverse engineer, decipher, decompile or disassemble any portion of the service or the software used to provide the service, or assist or incite third parties to do so.

EIGHTH – Privacy Policy and Data Protection

The MINTT Privacy Policy is published on the portal www.bookybot.es.

NINTH – Intellectual property

MINTT guarantees that it has all the rights and licenses of use required by current legislation for the correct and appropriate use of all the tools and products necessary, where applicable, for the provision of the BOOKYBOT service. MINTT is committed to establishing and guaranteeing adequate controls that prevent illegal use and acts that violate the intellectual property rights of software applications and other computer products of the parties or third parties.

To provide the SERVICES, MINTT relies on its own developments and as such are protected by intellectual property rights.

Information, ideas, concepts, know-how, techniques, methodologies, plans, videos, photographs, slides, drawings, designs, specifications, reports, annexes, books, brochures and, in general, all types of documents, written or computer media , audiovisual or sound, prepared, modified and/or corrected directly or indirectly by MINTT or to which it had access in relation to the service, are entirely the property of MINTT, as well as all renounceable intellectual and industrial property rights for the maximum time that the Law recognizes the author, committing to execute those activities and formalize the documents that are necessary, for this purpose.

Consequently, the CUSTOMER renounces any right he or she may have over the products or materials referred to.

MINTT® and BOOKYBOT® are registered trademarks of MINTT and may never be used without the written authorization of their owner.

TENTH – Technical support

If the CUSTOMER needs technical help related to the BOOKYBOT service, they can contact the MINTT Technical Support Department from 9 a.m. to 2 p.m. and from 3 p.m. to 6 p.m. from Monday to Thursday and from 9 a.m. to 3 p.m. on Fridays, always on days working hours of Madrid capital.

ELEVENTH – Termination rights

In the event of breach of any of the representations, warranties, agreements or any of the clauses established in this Agreement by the CUSTOMER or MINTT, the affected party may, at its sole discretion and in addition to any other remedy provided by law or under this Agreement you may be entitled to terminate this Agreement immediately.

TWELFTH - Confidentiality

MINTT guarantees that it will maintain the strictest confidentiality and express compliance with the duty of professional secrecy in relation to the CLIENT's affairs during the term of this Contract and after its termination.

MINTT, during and after the validity of this Contract, will treat all information owned by the CLIENT in a strictly confidential manner.

For the purposes of this Contract, confidential information will be considered all that which may be revealed orally, in writing or by any other means or support, tangible or intangible, currently known or invented in the future, whether exchanged as consequence of this contractual relationship or that one party indicates or designates the other as confidential.

THIRTEENTH - Notifications

All notification necessary for the purposes of this Contract will be made to the attention and address of:

MINTT: address that appears in this Contract.
CUSTOMER: address with which you registered on the BOOKYBOT portal at the time of contracting the service.

THIRTEENTH - Transfer

MINTT is authorized to assign this Contract to any company that is a shareholder of the same, or to any company of which MINTT is a partner, with the sole obligation of notifying such circumstance, in writing to the other party, leaving the subrogated assignee company in all rights and obligations arising from this Contract.

FOURTEENTH - Jurisdiction

These Conditions of Use will be governed in accordance with the laws of the Kingdom of Spain. In the event that doubts and/or divergences arise regarding its interpretation and/or effects, only the Courts of the city of Madrid will be competent, with the parties waiving any other jurisdiction that may apply to them.