Terms and Conditions

Who these terms are with

These terms cover the Gyda service at askgyda.com, operated by [FILL: company name], a company registered in Portugal under NIPC [FILL: NIPC], of [FILL: registered address], Portugal, on servers in Spain.

The service

Gyda lets a business build an assistant from its own catalogue and publish it so its guests can ask questions about it. You upload content items such as rooms, dishes, tours or services, with text, images and links, choose the languages the assistant answers in, and publish. Your guests reach the published assistant through a link, a QR code or a widget on your own website, and chat with it without creating an account.

Who may use it

The service is for businesses acting in the course of a trade or profession, not for consumers. By accepting these terms you confirm that you are entering into them for business purposes, that you are authorised to bind the organisation you name, and that you are at least 18 years old.

Accounts, workspaces and members

An account belongs to one person and is identified by an email address. A workspace holds a business's assistants, content and subscription. The workspace owner may invite others as members and set their roles.

• Provide accurate account and workspace details, and keep them current.
• Keep credentials confidential and tell us promptly if you believe an account has been compromised.
• Members act on behalf of the workspace, and the workspace owner is responsible for what they do.
• Our support staff can open a read-only view of a workspace in order to answer a support request. The privacy policy explains when and why.

Your content, and what we do with it

Content you upload stays yours, and publishing an assistant transfers no ownership. To run the service we need your permission to store that content, process it, generate search indexes and machine readable representations from it, translate it into the languages your assistant is configured for, reword and summarise it for public pages on your domain, and show it to your guests through the published assistant. That permission lasts as long as the content is in your workspace and ends when it is deleted, except for copies held in backups until those expire. You confirm that you hold the rights to everything you upload, including photographs of people and any third party material, and that publishing it infringes nobody's rights.

What the assistant says

The assistant answers from the catalogue you provide, using a language model. It can still be wrong, incomplete or misleading. Its answers are not advice, and in particular they are not medical, legal, financial, allergen or safety advice. You decide what goes in the catalogue and are responsible for it being accurate and lawful, including prices, availability and anything a guest could rely on to their detriment. Where your business is subject to sector rules, for example on food allergens, meeting them stays your responsibility and must not be left to the assistant. We do not promise that the assistant will answer any particular question, or that it will decline every question outside your catalogue.

Telling guests they are talking to AI

The assistant is an AI system under the EU AI Act (Regulation (EU) 2024/1689), and we provide it. We build it to tell guests, where each conversation starts, that they are chatting with an AI assistant and not a person, and we mark its answers, and any public page text a model wrote, as AI-generated in a form machines can read. You must not hide, cover, remove or change that notice or that marking, including when you embed the assistant in your own website, and you must not present the assistant as a person. Public pages on your domain use text a model reworded and summarised from your descriptions. As with the rest of your catalogue, you are responsible for what they say, and you can edit the item or hide its page at any time.

Acceptable use

Use the service for what it is for, and not for any of the following.

• Publishing unlawful, infringing, deceptive or harmful content, or impersonating anyone.
• Sending unsolicited messages.
• Building a competing product from our outputs, or reverse engineering or scraping the service.
• Circumventing plan limits or rate limits, or attempting to reach data belonging to another workspace.
• Sharing an API key with anyone outside your business, using a key to reach another workspace, or sending automated requests at a rate meant to disrupt the service. Changes made with a key issued to your workspace are treated as yours.
• Uploading personal data of guests or third parties beyond what the assistant needs in order to answer, and never special category data such as health or biometric information.

Plans, limits and the free trial

Every new workspace gets a 14 day free trial, granted automatically at registration, with no payment card required. When the trial ends, access to paid features stops until a plan is bought. Each plan sets how many assistants and languages you get, how many content items each assistant may hold, and whether you can upload videos as well as photos. The current limits are on the pricing page and form part of this agreement. No plan sets a number of guest conversations. Guest conversations are covered by fair use: the normal use of your published assistants by the guests and customers of the business the workspace is for. A workspace is for one place: a hotel with its restaurants, spa and activities, a restaurant, a rental. Guests of that place see every assistant in it. A second property, or an agency's second client, is a second workspace. To keep the service fast for everyone we may slow down automated traffic and unusually rapid bursts of requests; a guest is never cut off for that reason. If a workspace's usage is consistently far beyond what a business of its kind on its plan generates, we will contact you to agree a suitable plan before anything changes.

Payment, renewal and cancellation

Prices are in euro for customers in Europe and in US dollars elsewhere, as shown on the pricing page and at checkout. Plans are sold monthly or yearly and renew automatically at the end of each period until cancelled. Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries and handles returns. Paddle, not [FILL: company name], is the seller for the transaction: it takes the payment, is responsible for sales tax and VAT, and issues the invoice. Card details are entered on Paddle's checkout and never reach us. Paddle's own buyer terms and privacy notice apply to the payment, alongside these terms, which govern the service itself. Questions about billing, invoices, refunds or payment methods go to Paddle. Questions about the Gyda service itself go to us. You can cancel at any time from the dashboard. Cancelling stops the next renewal and the plan stays active until the end of the period you have already paid for; we do not prorate a partial period. If a payment fails, the subscription goes past due and access to paid features may be suspended until payment succeeds. We may change plan limits on notice, and any change takes effect at your next renewal.

Refunds

Fees are not refundable except where the law requires it or where we agree in writing. We do not offer a goodwill refund window: every new workspace gets a 14 day free trial with no payment card required, and that trial is where you decide whether the service is right for you. Refund requests are handled by Paddle as merchant of record and are subject to Paddle's refund policy, which Paddle applies at its own discretion and under which Paddle may grant a refund this section does not. Because you are contracting as a business, no consumer right of withdrawal applies. Cancelling stops the next renewal; it does not refund a period already paid for.

Suspension and termination

We may suspend or terminate access if you breach these terms, if you do not pay, or where continuing would expose us or others to legal risk. Where it is reasonable to do so we will warn you first and give you a chance to put it right. You may stop using the service at any time and may delete your workspace. Deleting a workspace unpublishes its assistants and deletes its content, subject to the retention periods in the privacy policy.

Availability and warranties

The service is provided as is and as available. We do not commit to a particular uptime level unless we have agreed one with you in writing.

Limitation of liability

To the fullest extent the law allows, we exclude liability for indirect, incidental and consequential loss, for lost profits, revenue, goodwill or data, and for anything arising from an answer a published assistant gave. Our total liability for any claim is capped at [FILL: the cap, commonly the fees paid in the 12 months before the claim arose]. Nothing here excludes liability that cannot be excluded by law.

Data protection

For your account, billing and support data we are the controller, as described in the privacy policy. For everything your guests send to a published assistant, and for the catalogue you upload, you are the controller and we process on your instructions. By accepting these terms you instruct us to process that data in order to provide the service. [FILL: the Article 28 processing agreement, either as this section or as a separate linked annex. It has to cover subject matter and duration, nature and purpose, the types of data and categories of person, your instructions, our confidentiality obligation on staff, our security measures, the conditions on engaging sub-processors and the current list, our duty to assist with data subject requests and breach notification, what happens to the data at the end, and audit rights.]

Intellectual property

The service, its software, its designs and the Gyda name and logo belong to us and are protected by law. Nothing in these terms grants you a right to use them beyond using the service as it is intended.

Changes to these terms

We may change these terms. We will notify material changes by email or in the dashboard before they take effect, and continuing to use the service after that is acceptance.

Law and disputes

These terms are governed by the law of Portugal. The courts of [FILL: the district of the registered seat], Portugal, have exclusive jurisdiction, except that either party may seek urgent relief wherever necessary to protect its rights. Nothing in this section affects either party's rights or obligations under data protection law, which apply whatever law is chosen here.