Terms and Conditions

1. Introduction and Scope

These Terms and Conditions ("Terms") govern the access and use of the "Guido" Conversational AI Travel Assistant and the Hotel Information Hub (collectively, the "Services") provided by HERO TECHNOLOGIES, S.L., a company registered in Barcelona, Spain.

These Terms apply to two distinct categories of users:

• "Clients": The hotel chains, hospitality groups, or property managers who purchase and deploy our Services.
• "End-Users": The hotel guests or website visitors who interact with the AI assistant via the Client's digital channels.

By accessing or deploying the Services, you agree to be bound by these Terms. For Clients, these Terms supplement any Master Services Agreement (MSA) signed with HERO. In the event of a conflict between these Terms and the MSA, the MSA shall prevail.

2. AI-Specific Terms and Disclaimers

Generative Artificial Intelligence is a dynamic, probabilistic technology. By using the Services, Clients and End-Users acknowledge and agree to the following:

• 2.1. AI Hallucinations & Accuracy: The "Guido" assistant generates responses using Large Language Models (LLMs). While we strive for high accuracy, the AI may occasionally produce outputs that are inaccurate, incomplete, or logically inconsistent ("hallucinations"). HERO is not liable for any decisions made, actions taken, or expectations formed based on the AI's outputs.
• 2.2. Client Responsibility for Knowledge Base: The AI's factual accuracy regarding room availability, pricing, and hotel amenities relies entirely on the data provided by the Client (e.g., via integration with the Client's Property Management System and the Hotel Information Hub). The Client is strictly and solely responsible for ensuring this data is accurate and up-to-date. HERO shall not be liable for financial discrepancies, unhonored prices, or overbookings caused by outdated or incorrect Client data.
• 2.3. Mandatory Human-in-the-Loop: Clients must provide a clear escalation path for End-Users to contact a human representative (e.g., a phone number, email, or live chat transfer). HERO is not responsible for resolving critical, sensitive, or emergency guest issues that the AI is unable to handle.

3. Acceptable Use Policy (AUP) and EU AI Act Compliance

We strictly enforce an Acceptable Use Policy to ensure the security of our models and compliance with the 2026 EU AI Act.

• 3.1. Prohibited End-User Actions: End-Users and Clients are strictly prohibited from engaging in "prompt injection" attacks, "jailbreaking," attempting to extract the model's system prompts or source code, or using the AI to generate abusive, discriminatory, or illegal content.
• 3.2. Prohibition of High-Risk Deployments: Under the EU AI Act, the Services are classified as general-purpose/customer-service AI. Clients may not use the Services for "High-Risk" activities, including but not limited to: automated evaluation of employee performance, biometric categorization of guests to deduce emotions or sensitive traits, or autonomous decision-making regarding physical security or legal rights.

4. Separation of Liability (Hospitality Services)

HERO is solely a software technology provider. We do not own, operate, or manage hotels.

• 4.1. No Liability for Physical Services: HERO is completely separated from the physical hospitality services provided by the Client. We are not responsible or liable for honoring hotel bookings, providing room upgrades, processing financial refunds, the quality of the physical accommodations, or any bodily injury or property damage occurring during a hotel stay.
• 4.2. Dispute Resolution: Any disputes regarding a hotel stay, payment, or reservation must be resolved directly between the End-User and the Client.

5. Intellectual Property Rights (IP)

• 5.1. HERO IP: HERO retains all intellectual property rights, title, and interest in and to the Services, the underlying AI models, the Hotel Information Hub infrastructure, and any software code or algorithms.
• 5.2. Inputs and Outputs: As between HERO and the Client/End-User, the user retains ownership of the prompts submitted to the AI ("Inputs") and the specific responses generated ("Outputs"). HERO retains a limited license to process these Inputs and Outputs strictly to provide the Services and perform continuous operational optimization, in accordance with our Privacy Policy.

6. Third-Party APIs and Messaging Platforms

The Services rely on third-party infrastructure.

• 6.1. LLM Dependencies: Our AI utilizes foundational models provided by third parties (e.g., Google Cloud). Service availability is subject to the uptime, rate limits, and latency of these external APIs. HERO is not liable for outages or degraded performance directly caused by these third-party providers.
• 6.2. Messaging Channel Compliance: If the Client deploys the AI on third-party channels (e.g., WhatsApp, Meta Messenger), the Client is solely responsible for complying with the respective platform's Terms of Service, including strict adherence to automated messaging windows (e.g., Meta's 24-hour customer service window).

7. Financial Terms, API Limits, and SLAs (For B2B Clients)

• 7.1. Limits and Overage: Subscription tiers include predefined limits on conversations, API calls, or token generation. Usage exceeding these limits will incur overage fees as outlined in the applicable MSA or Order Form.
• 7.2. SLA & Maintenance: HERO aims for a 99.8% uptime SLA. However, we reserve the right to temporarily suspend the Services for scheduled maintenance. HERO is not liable for downtime caused by Force Majeure events (e.g., internet backbone failures, acts of God).

8. Limitation of Liability and Indemnification

• 8.1. Limitation of Liability: To the maximum extent permitted by law, HERO's total aggregate liability for any claims arising out of or related to these Terms or the Services shall not exceed the total amount paid by the Client to HERO in the twelve (12) months immediately preceding the event giving rise to the claim. Under no circumstances shall HERO be liable for indirect, consequential, special, or reputational damages.
• 8.2. Indemnification: The Client agrees to indemnify, defend, and hold harmless HERO TECHNOLOGIES, S.L. against any claims, lawsuits, or damages brought by End-Users or third parties arising from the Client's breach of these Terms, the Client's provision of inaccurate data to the AI, or the physical hospitality services provided by the Client.

9. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Spain. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the Courts of Barcelona, Spain.