Terms of Service

1. Definitions

• "HolaAI," "we," "us," or "our" refers to the operator of the Service, based in Spain.
• "User," "you," or "your" refers to any individual or entity that accesses or uses the Service.
• "Host" refers to a User who manages short-term rental properties through the Service.
• "Guest" refers to a traveler who interacts with the Service through a Host's property chat or guidebook.
• "AI Assistant" refers to the artificial intelligence features that generate text or voice responses.
• "Content" refers to all data, text, messages, images, and other materials uploaded to or generated through the Service.

2. Eligibility and account registration

You must be at least 18 years old and have the legal capacity to enter into binding contracts to use the Service. By registering, you represent that all information you provide is accurate and complete. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. You must notify us immediately at hello@holaai.es if you suspect unauthorized access.

3. Service description

HolaAI provides AI-powered guest messaging and support tools for short-term rental hosts on platforms such as Airbnb, Vrbo, and Booking.com. The Service includes automated chat responses, voice interactions, property guidebooks, knowledge base management, booking analytics, and related features. Features may be added, modified, or discontinued as part of normal product development. We will provide reasonable notice of material changes that significantly affect your use of the Service.

4. Subscription and billing

The Service is offered on a subscription basis:

• Plans: Starter (€19/month, up to 2 properties), Pro (€39/month, up to 10 properties), and Agency (€79/month, unlimited properties). Prices may change with 30 days' prior notice.
• Free trial: All plans include a 30-day free trial. No credit card is required to start. If you do not subscribe before the trial ends, your access to paid features will be suspended.
• Billing: Subscriptions are billed monthly through Stripe. By subscribing, you authorize recurring charges to your chosen payment method.
• Cancellation: You may cancel your subscription at any time from your account settings. Cancellation takes effect at the end of the current billing period. No refunds are issued for partial billing periods.
• Failed payments: If a payment fails, we will notify you and may suspend access after a reasonable grace period. We are not responsible for fees charged by your bank or payment provider.

5. AI-generated content disclaimer

The Service uses artificial intelligence (currently Google Gemini) to generate responses to guest messages and provide voice interactions. AI-generated content is produced automatically based on the property information, house rules, and context you provide. While we strive for accuracy, AI responses may contain errors, inaccuracies, or inappropriate content. You acknowledge and agree that: (a) you are solely responsible for reviewing AI-generated responses before they are sent to guests or relied upon for any purpose; (b) AI responses do not constitute professional, legal, medical, or safety advice; (c) HolaAI does not guarantee the accuracy, completeness, or appropriateness of any AI-generated content; and (d) you remain fully responsible for all communications with your guests, whether generated by AI or written manually.

6. User responsibilities

When using the Service, you agree to:

• Provide accurate and current account and property information.
• Use the Service in compliance with all applicable laws, regulations, and the terms of any booking platform you use.
• Review AI-generated responses before relying on them, especially for safety-critical information (emergency contacts, property hazards, health guidelines).
• Not use the Service for any unlawful, abusive, fraudulent, harassing, or discriminatory purpose.
• Not attempt to reverse-engineer, decompile, or extract source code from the Service.
• Not use the Service to send spam, unsolicited messages, or misleading content to guests.
• Keep your account credentials secure and notify us promptly of any unauthorized access.
• Ensure that any data you upload (including guest information) has been collected in compliance with applicable data protection laws.

7. Intellectual property

All rights, title, and interest in the Service, including software, design, branding, documentation, and proprietary technology, belong to HolaAI or our licensors. Your subscription grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes during your subscription period. You retain ownership of the content you upload to the Service (property data, messages, images). By uploading content, you grant us a limited license to use it solely to provide and improve the Service. We do not claim ownership of your content.

8. Prohibited uses

You may not use the Service to:

• Violate any applicable law, regulation, or third-party rights.
• Transmit malware, viruses, or any harmful code.
• Attempt to gain unauthorized access to other users' accounts or our infrastructure.
• Scrape, crawl, or automated-harvest data from the Service beyond normal API usage.
• Resell, sublicense, or redistribute access to the Service without our written consent.
• Use the Service in a manner that could damage, disable, or impair our servers or networks.
• Impersonate any person or entity, or misrepresent your affiliation.

9. Data and privacy

Your privacy is important to us. Our collection and use of personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you acknowledge that you have read and understood our Privacy Policy. If you process personal data of guests through the Service, you act as a data controller for that data, and HolaAI acts as a data processor on your behalf under the GDPR. You are responsible for ensuring a valid legal basis for processing guest data.

10. Termination

You may terminate your account at any time by canceling your subscription and contacting us at hello@holaai.es. We may suspend or terminate your access to the Service at any time if you violate these Terms, engage in fraudulent or harmful activity, or fail to pay subscription fees after notice. Upon termination: (a) your license to use the Service immediately ends; (b) you may request a copy of your data within 30 days; (c) we will delete or anonymize your personal data in accordance with our Privacy Policy, except where retention is required by law.

11. Limitation of liability

To the maximum extent permitted by applicable law, HolaAI and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, business opportunities, or goodwill, arising from or related to your use of the Service. Our total aggregate liability for any claims arising under these Terms shall not exceed the total fees paid by you to HolaAI in the twelve (12) months preceding the event giving rise to the claim. The Service is provided on an "as is" and "as available" basis. We do not warrant that the Service will be uninterrupted, error-free, or free of harmful components. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence, or for fraud.

12. Indemnification

You agree to indemnify, defend, and hold harmless HolaAI and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) content you upload or transmit through the Service. This obligation survives termination of your account.

13. Modifications to these Terms

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on our website, updating the "Last updated" date, and where appropriate, notifying you by email. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the Service and cancel your subscription.

14. General provisions

• Severability: If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain in full force and effect.
• Entire agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and HolaAI regarding the Service.
• Waiver: Failure to enforce any provision does not constitute a waiver of that provision or any other.
• Assignment: You may not assign your rights under these Terms without our consent. We may assign our rights and obligations freely.

15. Governing law and dispute resolution

These Terms are governed by and construed in accordance with the laws of Spain. Any dispute arising from these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of Spain, unless mandatory consumer protection law of your country of residence requires otherwise. For consumers within the EU, you may also use the European Commission's Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr.

16. Contact

For questions about these Terms, contact us at:

• Email: hello@holaai.es
• Website: holaai.es