1. Introduction

Welcome to Svaito LTD (“Svaito”, “we”, “us”, or “our”). These Terms of Service (“Terms”) govern your access to and use of our AI-powered booking assistant platform (the “Platform”). These Terms apply to all users of the Platform, including Clients, Client Collaborators, and Client Consumers (collectively, “Users”). By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Platform.

2. Definitions

Platform: The AI-powered booking assistant platform provided by Svaito, including all related services, applications, and technology.

• Services: All services provided by Svaito through the Platform, including but not limited to automated booking requests, modifications, cancellations, pricing inquiries, and payment processing.

• Content: Any text, images, data, or other materials displayed, generated, or otherwise made available through the Platform.

• Client: Companies that have contracted with Svaito to use our Platform.

• Client Collaborators: Employees or representatives of the Client using the Platform.

• Client Consumers: End-users or customers of the Client interacting with the Platform.

• User: Any individual or entity accessing or using the Platform, including Clients, Client Collaborators, and Client Consumers.

• Personal Data: Information relating to an identified or identifiable natural person.

3. Services

3. Services

Svaito provides an AI-powered booking assistant platform designed to streamline reservation processes for golf courses and similar entities. The Platform enables automated handling of booking requests, modifications, cancellations, pricing inquiries, payment processing, multi-language support, and customer communications across various channels. Services may include integration with third-party systems, analytics, and reporting tools to enhance operational efficiency and customer experience.

3.1 Service Availability

While we strive to ensure the Platform is available at all times, we do not guarantee uninterrupted access. There may be occasions when the Platform is unavailable due to maintenance, updates, or other reasons beyond our control. We will endeavour to provide notice of any scheduled downtime.

4. User Obligations

4.1 Compliance with Laws and Policies

Users must comply with all applicable laws, regulations, and Svaito's policies, including this ToS and our Privacy Policy, when using the Platform.

4.2 Account Information

Users must provide accurate, current, and complete information when creating an account and must keep this information up to date. Users are responsible for all activities that occur under their account.

4.3 Security

Users are responsible for maintaining the confidentiality of their account credentials and for all activities that occur under their account. Users must immediately notify Svaito of any unauthorised use of their account or any other breach of security.

4.4 Prohibited Activities

Users must not engage in any activities that may harm the Platform, Svaito, or other users. Prohibited activities include, but are not limited to:

• Unauthorised Access: Attempting to gain unauthorised access to the Platform, other user accounts, or computer systems or networks connected to the Platform.

• Disruption: Engaging in any activity that disrupts or interferes with the performance of the Platform or the servers and networks used by the Platform.

• Malicious Software: Uploading or transmitting viruses, malware, or any other harmful code.

• Data Mining: Using any automated means, such as robots or scraping tools, to access or collect data from the Platform without Svaito's express written permission.

• Infringement: Uploading, transmitting, or sharing content that infringes any third party's intellectual property rights or privacy rights.

• Unlawful Activities: Using the Platform for any unlawful or fraudulent purposes.

4.5 User-Generated Content

If Users submit, post, or otherwise provide content to the Platform, they must ensure that such content is accurate, lawful, and does not infringe any third-party rights. Users grant Svaito a worldwide, non-exclusive, royalty-free licence to use, reproduce, modify, adapt, publish, and display such content for the purpose of providing the Services.

5. Data Protection

5.1 Privacy Policy: Our use of personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Platform, you consent to the collection, use, and disclosure of your personal data as described in the Privacy Policy.

5.2 GDPR Compliance: We comply with the General Data Protection Regulation (GDPR) and other relevant data protection laws. Users have rights regarding their personal data as outlined in our Privacy Policy.

6. Intellectual Property

6.1 Ownership

Svaito retains all rights, title, and interest in and to the Platform and its underlying technology, including all intellectual property rights. All Content provided by Svaito is owned by Svaito or its licensors and is protected by copyright, trademark, and other applicable laws.

6.2 Licence to Use the Platform

Subject to these Terms, Svaito grants Users a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform for its intended purposes.

6.3 User Content

If Users submit or upload any content to the Platform, they grant Svaito a worldwide, non-exclusive, royalty-free licence to use, reproduce, modify, adapt, publish, translate, distribute, and display such content solely for the purpose of providing and improving the Services.

6.4 Prohibited Actions

Users must not:

• Copy, modify, distribute, sell, or lease any part of the Platform or its underlying technology without Svaito’s prior written consent.

• Reverse engineer, decompile, or attempt to extract the source code of the Platform or any part thereof.

• Use any trademarks, logos, or service marks displayed on the Platform without Svaito’s prior written permission.

6.5 Feedback

Any feedback, suggestions, or ideas provided by Users regarding the Platform (“Feedback”) is entirely voluntary. Svaito is free to use such Feedback as it sees fit and without any obligation to the User.

7. Payment and Fees

7.1 Fees

Clients may be required to pay fees for the use of certain features of the Platform. Details of applicable fees are provided in the Client’s contract.

7.2 Payment Terms

Payments must be made in accordance with the terms specified in the Client’s contract. Late payments may result in suspension or termination of access to the Platform.

8. Termination

8.1 Termination by User

Users may terminate their use of the Platform at any time by closing their account. Clients must provide written notice of termination in accordance with their contract terms.

8.2 Termination by Svaito

Svaito may suspend or terminate a User’s access to the Platform at any time, with or without cause, and with or without notice, if the User violates these Terms or engages in any conduct that Svaito deems inappropriate or harmful. In the event of termination for cause, Svaito shall have no liability to the User.

8.3 Effects of Termination

Upon termination:

• All rights granted to the User under these Terms will immediately cease.

• The User must discontinue all use of the Platform.

• Any outstanding fees owed by the Client become immediately due and payable.

• Svaito will delete or deactivate the User's account and data in accordance with the Privacy Policy and applicable laws.

8.4 Survival

Sections relating to Intellectual Property, Limitation of Liability, Governing Law and Dispute Resolution, Confidentiality, and any other provisions which by their nature should survive termination shall survive termination of these Terms.

9. Limitation of Liability

9.1 Disclaimer

The Platform is provided on an "as is" and "as available" basis without any warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. Svaito does not warrant that the Platform will be uninterrupted, secure, or error-free.

9.2 Limitation

Nothing in these Terms excludes or limits Svaito's liability for:

• Death or personal injury caused by Svaito's negligence.

• Fraud or fraudulent misrepresentation.

• Any other liability that cannot be excluded or limited by law.

9.3 Exclusion of Certain Losses

Subject to Clause 9.2, Svaito shall not be liable to the User for:

• Any loss of profits, sales, business, or revenue.

• Loss or corruption of data, information, or software.

• Loss of business opportunity.

• Loss of anticipated savings.

• Loss of goodwill; or

• Any indirect or consequential loss.

9.4 Liability Cap

Subject to Clause 9.2, Svaito's total liability to the Client in respect of all losses arising under or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the total fees paid by the Client to Svaito in the twelve (12) months preceding the date on which the claim arose.

10. Governing Law and Dispute Resolution

10.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Portugal, without regard to its conflict of law principles.

10.2 Dispute Resolution

10.2.1 Negotiation

In the event of any dispute arising out of or in connection with these Terms, the parties shall first attempt to resolve the dispute amicably through good-faith negotiations within thirty (30) days from the date either party notifies the other of the dispute.

10.2.2 Mediation

If the dispute cannot be resolved through negotiation, the parties agree to attempt to resolve it through mediation in accordance with the Mediation Rules of the Portuguese Arbitration Centre ("Centro de Arbitragem Comercial").

10.2.3 Arbitration

If the dispute is not resolved through mediation within sixty (60) days, it shall be finally resolved by arbitration under the Rules of Arbitration of the Portuguese Arbitration Centre. The arbitration shall take place in Faro, Portugal, and shall be conducted in English.

10.2.4 Language

Unless otherwise agreed, the language to be used in the arbitration proceedings shall be English.

10.2.5 Consumers

For Client Consumers who are considered consumers under applicable law, this clause does not affect your statutory rights to bring proceedings in your home country or to seek other remedies under consumer protection laws.

10.2.6 Court Jurisdiction

If arbitration is not applicable or enforceable, the parties agree that the courts of Faro, Portugal shall have exclusive jurisdiction to settle any disputes arising out of or in connection with these Terms.

11. Changes to the Terms

Svaito reserves the right to modify these Terms at any time. We will provide at least thirty (30) days’ notice before any material changes take effect. Any changes will be posted on our website and communicated via email or Platform notification. Your continued use of the Platform after the effective date of the changes constitutes your acceptance of the new Terms.

12. Confidentiality

12.1 Confidential Information

Each party (“Receiving Party”) agrees to keep confidential all information disclosed by the other party (“Disclosing Party”) that is designated as confidential or which ought reasonably to be considered confidential (“Confidential Information”).

12.2 Obligations

The Receiving Party shall:

• Use the Confidential Information solely for the purpose of performing its obligations under these Terms.

• Not disclose Confidential Information to any third party without the prior written consent of the Disclosing Party, except to its employees or professional advisers who need to know the information and are bound by confidentiality obligations.

12.3 Exceptions

Confidential Information does not include information that:

• Is or becomes publicly available without breach of these Terms.

• Was known to the Receiving Party before disclosure by the Disclosing Party.

• Is lawfully received from a third party without restriction.

• Is independently developed by the Receiving Party.

13. Force Majeure

Svaito shall not be liable for any failure or delay in performing its obligations under these Terms due to events beyond its reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, strikes, fire, flood, epidemics, or internet service provider failures.

14. Severability

If any provision of these Terms is found invalid or unenforceable by a court of competent jurisdiction, such provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions shall remain in full force and effect.

15 Third-Party Rights

A person who is not a party to these Terms shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms.

16. Notices

16.1 Method of Notice

All notices and other communications required or permitted under these Terms shall be in writing and shall be deemed to have been duly given when delivered personally, sent by registered post, or sent by email to the addresses specified below.

16.2 Svaito's Contact Information

Svaito LTD
68 Rua de Santo António
8000-283 Faro
Portugal

16.3 User's Contact Information

Notices to Users will be sent to the contact information provided in their account or as updated by the User.

18. Contact Information

If you have any questions about these Terms, please contact us.