aiview360.it Terms and Conditions

These Terms and Conditions (hereinafter "Terms") govern access to and use of the AIView360 platform, available at aiview360.it (hereinafter "Platform" or "Service"), provided by:

Now di Gazzotti Mattia
Via Montefiorino 7/B, Bologna, Italy
VAT no. IT03153161207
Email: info@aiview360.it — Certified email (PEC): mattia.gazzotti@pec.it

By registering and/or using the Platform, the User declares that they have read, understood and fully accepted these Terms.

1. Definitions

• Platform: the aiview360.it website and all services connected to it
• Owner: Now di Gazzotti Mattia, owner and operator of the Platform
• User: any natural or legal person who accesses and/or uses the Platform by virtue of an Account (for example: real estate agencies, restaurateurs, accommodation providers)
• Account: the personal profile created by the User to access the services
• Subscription: the service subscribed to by the User, chosen by number of properties and monthly AI credits (or a package dedicated to an industry)
• Content: virtual tours, images, descriptions, menus, data and any material uploaded or generated through the Platform
• Visitor: anyone who accesses a virtual tour or a public page made available by the User through the Platform, without holding an Account
• Booking Module: the set of features dedicated to restaurants (management of dining rooms and tables, online bookings, menus, events, AI assistant)
• Guest: the Visitor who makes or requests a booking at one of the User's venues through the Booking Module
• Third-Party Tours: any virtual tour, photographic survey or 3D model not produced by the Owner, but produced by the User themselves or by third parties (photographers, technicians, other companies) and linked to the Platform by the User

2. Description of the Service

AIView360 is a SaaS (Software as a Service) platform for managing virtual tours with integrated artificial intelligence, aimed at the real estate and restaurant sectors. Depending on the plan subscribed to and the business sector, the Service includes:

• Management of properties or venues and their virtual tours (Matterport®)
• Contextual AI chatbot and voice assistant for the virtual tours
• Automatic generation of descriptions through AI and multilingual translation of content
• Data extraction from PDF documents through AI
• Publication of public URLs for sharing the tours
• Dashboard with statistics and analytics
• For restaurants: Booking Module with management of dining rooms, tables and sittings, public booking page, digital menu, events and guest register
• Full service of site visit, photography and tour creation, where requested and agreed separately

3. Registration and Account

To use the Platform's services you need to create an Account by providing truthful, complete and up-to-date information. The User is solely responsible for safeguarding their login credentials and for all activities carried out through their Account.

The User undertakes to:

• Provide accurate and truthful information when registering
• Keep their data up to date
• Not share their credentials with third parties
• Promptly inform the Owner of any security breach of their Account

The Owner reserves the right to suspend or delete Accounts that breach these Terms or that have been inactive for more than 12 months.

4. Subscription Plans and Payments

The Platform subscription is chosen by number of listed properties and monthly AI credits (slot configuration); packages dedicated to specific industries are also available. Prices are shown on the pricing page and in the configurator and may be subject to change, which will be communicated with at least 30 days' notice. Increases in properties or credits decided by the User during the period are paid immediately, with the remaining value of the period converted into additional days; reductions take effect from the end of the period already paid.

• Subscriptions last one month or one year and renew automatically when they expire
• Payments are handled via PayPal or, by prior agreement, by bank transfer or payment at the Owner's premises. The Owner does not directly store credit card data
• The User can cancel the subscription at any time. Cancellation takes effect at the end of the period already paid
• No refunds are given for partial periods of use, except as provided by law
• In the event of non-payment, the Owner reserves the right to suspend access to the services

5. Intellectual Property and Third-Party Tours

5.1 Ownership of the Platform

The Platform, its source code, design, trademarks, logos and all original content are the exclusive property of the Owner and are protected by Italian and international intellectual property laws. Any unauthorised reproduction, modification, distribution or use is prohibited.

5.2 User Content

The User retains full ownership of the Content uploaded to the Platform (images, virtual tours, descriptions, menus, documents). By uploading Content, the User grants the Owner a non-exclusive licence, limited to the provision of the Service, to host, display, translate and transmit such Content.

The User warrants that they hold all the necessary rights to the uploaded Content and indemnifies the Owner against any third-party claim relating to such Content.

5.3 Third-Party Tours

The Platform allows Third-Party Tours to be linked, i.e. virtual tours, surveys and 3D models not produced by the Owner. In this regard the User acknowledges and accepts that:

• by linking a Third-Party Tour, the User declares and warrants that they own it or hold a valid licence or authorisation to use it, including from whoever actually produced it and from the owner of the spaces captured;
• the Owner does not verify and is not required to verify the ownership, origin, lawfulness or quality of Third-Party Tours, which are integrated solely on the basis of the User's declarations;
• the Owner is not responsible for the operation, availability, accuracy or removal of Third-Party Tours, nor for any damage arising from their use or unavailability;
• should the User falsely declare that they own a Third-Party Tour or hold the related rights, the User shall be solely liable towards injured third parties and towards the Owner, and shall indemnify and hold the Owner harmless from any claim, damage, cost or expense (including legal fees) arising from such false declaration;
• if a third party disputes the ownership of a tour, the Owner may suspend its publication as a precaution, without this constituting a breach, until the dispute is resolved.

6. Use of Artificial Intelligence

The Platform integrates artificial intelligence services provided by OpenAI for the following features:

• Contextual chatbot and voice assistant in the virtual tours, including booking collection features for restaurants
• Automatic generation of descriptions and translations of content
• Data extraction from PDF documents

The User acknowledges that:

• AI-generated content is provided "as is" and may contain inaccuracies
• It is the User's responsibility to check the accuracy of generated content (descriptions, translations) before publication
• The AI assistant presents itself to Visitors as an automated system; its answers are based on the information entered by the User, who is responsible for its correctness and for keeping it up to date
• Data sent to the AI is processed server-side and is not used to train third-party models
• The Owner is not responsible for decisions made by the User or Visitors on the basis of AI-generated content

7. Booking Module for Restaurants

For Users in the restaurant sector, the Platform provides the Booking Module. In this regard:

• The Booking Module is a technical tool: the booking, dining and hospitality relationship is established exclusively between the User (the venue) and the Guest. The Owner is not a party to that relationship and assumes no obligation towards Guests
• The User is responsible for configuring dining rooms, tables, sittings, thresholds and availability, and for managing the bookings received (confirmations, cancellations, no-shows)
• The User is solely responsible for the correctness and completeness of the information published through the Platform, including information on menus, prices, allergens, ingredients and venue features
• The Owner does not guarantee that bookings collected will result in actual attendance, nor is it liable for booking errors due to incorrect or outdated information entered by the User
• Guests' personal data collected through the Booking Module is processed by the Owner on behalf of the User, as provided for in section 8 of these Terms

8. Processing of Personal Data on Behalf of the User (Art. 28 GDPR)

In providing the Service, the Owner processes on behalf of the User personal data for which the User is the data controller: data of Guests who book (name, phone, notes), data of potential clients who leave their details in the tours (leads), Visitors' conversations with the AI assistant and tour browsing data. By accepting these Terms, the User appoints the Owner as data processor under Art. 28 of Regulation (EU) 2016/679, on the following terms.

• Subject matter and duration: the processing concerns the operations needed to provide the Service and lasts as long as the contractual relationship
• Nature and purpose: collection, recording, storage, consultation, communication to the User and deletion of data, solely to provide the Platform's features
• Categories of data subjects: Guests, tour Visitors, the User's potential clients
• Instructions: the Owner processes the data only on the User's documented instructions, as set out in these Terms and in the configuration of the Platform carried out by the User
• Confidentiality: persons authorised to process the data are bound by confidentiality
• Security measures: the Owner adopts the measures referred to in Art. 32 GDPR, including encryption of credentials, HTTPS connections, access control, separation of data by client and automatic anonymisation of Guests' data after the retention period set by the User
• Sub-processors: the User gives general authorisation for the use of sub-processors for hosting (data centres in the European Union), AI processing (OpenAI, with transfer to the United States covered by the safeguards of the EU-US Data Privacy Framework and the standard contractual clauses), payments (PayPal) and tour display (Matterport). The up-to-date list is available on request; the Owner informs the User of any changes, which the User may object to on legitimate grounds
• Assistance: the Owner assists the User in responding to data subjects' requests (access, rectification, erasure) and in the obligations relating to data breaches, informing the User without undue delay of any breaches it becomes aware of
• Return and deletion: when the relationship ends, the User can export their data; after 30 days the Owner deletes it, subject to legal obligations
• Audits: the Owner makes available the information needed to demonstrate compliance with its obligations and allows documentary audits with reasonable notice

It is understood that the User, as data controller, is responsible for the lawfulness of the collection, for providing the privacy notice to data subjects and for configuring retention periods. The Platform provides supporting tools (privacy notice on the booking page, automatic anonymisation), which do not replace the User's own assessments.

9. Limitation of Liability

To the extent permitted by applicable law:

• The Platform is provided "as is" (as is) and "as available" (as available), without warranties of any kind, express or implied
• The Owner does not guarantee that the Service will be uninterrupted, error-free, secure or free of viruses or harmful components
• The Owner is not liable for direct, indirect, incidental, special, consequential or punitive damages arising from the use of or inability to use the Platform
• The Owner is not liable for loss of data, profits, business opportunities or other intangible damages
• The Owner's total liability towards the User shall in no case exceed the total amount paid by the User in the 12 months preceding the event giving rise to the liability
• The Owner is not liable for malfunctions due to third-party services (Matterport®, PayPal, OpenAI, Google)

10. Disclaimer for Third-Party Content and Services

The Platform integrates third-party services and content (Matterport®, Google Maps, OpenAI, PayPal) and allows Third-Party Tours to be linked. The Owner is not responsible for:

• The operation, availability or accuracy of third-party services
• The content, privacy policies or practices of third-party websites or services
• Third-Party Tours linked by the User, their ownership and the declarations made by the User in this regard, as specified in section 5.3
• Any damage arising from the interaction of the User or Visitors with third-party services

11. Indemnity

The User undertakes to indemnify and hold harmless the Owner, its collaborators and suppliers from any claim, damage, cost or expense (including legal fees) arising from:

• The User's breach of these Terms
• Improper use of the Platform
• The User's infringement of third-party rights
• Content uploaded by the User that breaches laws or third-party rights
• False declarations about the ownership or rights of use of Third-Party Tours
• Claims by Guests or Visitors relating to their relationship with the User (bookings, services provided at the venue, information on menus and allergens)

12. User Obligations

The User undertakes to:

• Use the Platform in accordance with the law and these Terms
• Not upload content that is illegal, defamatory, offensive or infringes third-party rights
• Link only virtual tours that they own or hold a valid licence to use
• Not attempt to access unauthorised parts of the Platform
• Not use the Platform for fraudulent or unlawful activities
• Not interfere with the operation of the Platform or its servers
• Not carry out scraping, reverse engineering or decompilation of the software
• Fulfil, as data controller, the obligations under data protection law towards their Guests, Visitors and clients

13. Suspension and Termination

The Owner reserves the right to suspend or terminate the User's Account, without notice, in the event of:

• Breach of these Terms
• Fraudulent or abusive use of the Platform
• Non-payment of the subscription
• A request from the competent authorities

In the event of termination, the User will have 30 days to download their Content. After that period, the Owner may permanently delete the data.

14. Right of Withdrawal (Consumers)

Under Articles 52 et seq. of Italian Legislative Decree 206/2005 (Consumer Code), the Consumer has the right to withdraw from the contract within 14 days of subscribing, without giving any reason.

To exercise the right of withdrawal, the User must send a written notice to info@aiview360.it.

At the time of purchase, a User who wants the Service activated immediately makes, through a specific declaration, an express request for immediate performance and acknowledges that, once the Service has been fully provided after starting during the withdrawal period, the right of withdrawal is lost under Art. 59(1)(o) of the Consumer Code.

15. Availability of the Service

The Owner undertakes to ensure maximum availability of the Platform, but does not guarantee uninterrupted operation. The Service may be temporarily unavailable due to scheduled or extraordinary maintenance, updates or force majeure.

16. Changes to the Terms

The Owner reserves the right to change these Terms at any time. Changes will be communicated through a notice on the Platform and/or by email. Continued use of the Platform after the changes have been communicated constitutes acceptance of the new Terms.

17. Governing Law and Jurisdiction

These Terms are governed by Italian law. The Court of Bologna shall have exclusive jurisdiction over any dispute arising from the interpretation or performance of these Terms, without prejudice to mandatory consumer protection rules providing for a different court.

18. Contact

For any question or request relating to these Terms, you can contact the Owner at:

Email: info@aiview360.it
Certified email (PEC): mattia.gazzotti@pec.it