By subscribing to Viqal's Virtual Concierge services, you ("Customer") agree to be legally bound by these Terms and Conditions ("Terms"). If you use Viqal's services on behalf of a company or other entity, "Customer" refers to that entity, and you confirm that you are authorized to bind the entity to these Terms. Together with the Data Processing Agreement and any applicable quotation, these Terms form the full agreement between Viqal and the Customer (collectively, the "Agreement").
The Subscription Term is for the length indicated in the quotation, commencing from the date of activation. Subscriptions will automatically renew for successive terms unless canceled by the Customer through their account dashboard or via the link provided in their subscription-related emails before the end of the current term.
Viqal strives to provide uninterrupted access to the Services but may perform scheduled or unscheduled maintenance. While Viqal will attempt to notify the Customer in advance, it cannot guarantee prior notice in all cases.
Viqal provides ongoing support as part of the subscription. Additional support may be available for an additional fee, as mutually agreed upon by the parties.
By using Viqal's Virtual Concierge services, the Customer agrees to comply with the terms outlined in the Data Processing Agreement (DPA), which is incorporated by reference into these Terms.
9. AI-Powered Services
9.1 The Services include an AI-powered communication system (the "AI Operator") that interacts directly with the Customer's guests. Use of the AI Operator is subject to the EU AI Act (Regulation (EU) 2024/1689) and the operational terms set out in the Data Processing Agreement.
9.2 AI Disclosure. The Customer acknowledges that guests interacting with the AI Operator will be informed that they are communicating with an AI system. Viqal provides standard disclosure templates as part of the Services. The Customer is responsible for ensuring that any modifications continue to meet applicable transparency requirements.
9.3 Intended Use. The Customer shall use the AI Operator only for the intended purpose of guest communication and related hospitality services. The Customer shall not use the AI Operator for credit scoring, employment decisions, biometric identification, or any other purpose that would constitute high-risk AI use under Annex III of the EU AI Act.
9.4 Human Oversight. The AI Operator is designed to escalate to the Customer's staff when it is instructed to do so or when the AI Operator determines escalation is appropriate. The Customer is responsible for staffing and responding to escalated conversations within reasonable timeframes.
9.5 Limitations of AI. The Customer acknowledges that the AI Operator may produce errors, inaccuracies, or omissions, including but not limited to incorrect pricing, availability, or service information. Such errors do not constitute a breach of these Terms or a Personal Data Breach unless they involve unauthorized processing of Personal Data as defined in the Data Processing Agreement. Viqal's liability for AI-generated content errors is limited as set out in Section 14 (Limitation of Liability).
Both parties agree to keep all Confidential Information received from the other party confidential and to use it solely for the purpose of fulfilling their obligations under this Agreement. Confidential Information excludes information that is publicly known, independently developed, or lawfully obtained from a third party.
The prices quoted are exclusive of any applicable taxes, duties, or other governmental charges. Taxation is handled as follows based on geographical region:
To the maximum extent permitted by law, neither party will be liable for indirect, incidental, or consequential damages, including lost profits. Viqal’s liability is limited to the amount paid by the Customer in the 12 months preceding the incident giving rise to the liability.
These Terms are governed by Dutch law, with disputes exclusively settled by the courts of The Netherlands.
Viqal reserves the right to modify these Terms with prior notice. If the Customer does not accept the changes, they may terminate the Agreement by providing notice within 14 days of the changes. Continued use of the Services constitutes acceptance of the new Terms.
Viqal will not be liable for any failure to perform its obligations under this Agreement due to events beyond its reasonable control, including natural disasters, war, or government regulations. If such an event continues for more than 30 days, either party may terminate the Agreement.
These Terms, along with the Data Processing Agreement and quotation, represent the entire agreement between the parties and supersede any prior agreements.
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