Terms and Conditions

Terms and Conditions: These general terms and conditions of Codigoplus SL;

Services: The provision and maintenance of the Chatono Software and the Client's data by Chatono over the internet or another network to the Client and users;

Documentation: The description of the functionality and usage possibilities of the Chatono Software provided online by Chatono;

User: An employee of the Client or a person engaged by the Client who uses the Services;

Data: All information or data entered, stored, processed, or generated by the Client in the Services, as well as all files, documents, settings, and metadata uploaded or exchanged by or on behalf of the Client, regardless of form or file format;

Client: The party taking the Services of Chatono;

Agreement: Any agreement between Chatono and the Client concerning the Services and/or the use of the Chatono Software;

Personal Data: All information about an identified or identifiable natural person, including a name, identification number, location data, online identifier, or one or more characteristics specific to the physical, physiological, genetic, psychological, economic, cultural, or social identity of that natural person;

Chatono: The company Codigoplus SL, having its registered office at Paseo de Almeria 38, 04001, Almería, Spain, registered with tax ID ESB04922381;

Chatono Software: Chatono's AI-powered chatbot software, which provides solutions for customer service, reservations, and menu management for restaurants by centralizing and automating customer contact;

Confidential Information: All information made available or to be made available by one party to the other party for the execution of the Services, of any nature, in written, oral, or other form. Confidential information includes, in any case, financial, commercial, and technical information, financial results, analyses and projections, customer and prospect lists, trade secrets, and other business non-public information.

These Access Conditions are an integral part of Chatono's Terms and Conditions.

To use the Chatono Software, you must create an account on our platform.

Once a digital account has been set up for you, you will receive a username and password from us to access the Chatono Software.

You may not make your username and the password we provide you available to third parties unless we have given prior written and express permission.

You are responsible for all activities that occur under your (user) account, and you must also comply with the current laws, regulations, and our Terms and Conditions.

You are obliged to notify us immediately in writing if there is any unauthorized use of a password or account, or if (you suspect that) the security of the Chatono Software has been breached.

You may not impersonate another user of the Chatono Software or provide us with false identity information.

It is not permitted to alter, modify, or redirect access to or use of the Chatono Software in an inappropriate, incorrect, or unauthorised manner, or to cause damage, disruption, or impairment of the Chatono Software (or the connected network) in any way.

Prohibited Uses

You may not send Data via the Chatono Software or use the Chatono Software to:

• violate the legal rights of others or encourage such actions (for example, urging Users to infringe on others' intellectual property rights or abuse them);
• engage in, promote or support illegal activities;
• that are erotic, pornographic, and/or offensive;
• for any unlawful, infringing, defamatory or fraudulent purpose (for example, phishing, creating a pyramid scheme or mirroring a website);
• to intentionally distribute viruses, worms, Trojans, corrupted files, hoaxes, spyware, or other items of a destructive or misleading nature;
• to disable, disrupt or circumvent any aspect of the Chatono Software;
• to generate, distribute, publish or facilitate unsolicited mass emails, promotions, ads, or other solicitations ("spam"), nor via a (deep) link or similar technique to the Chatono Software;

If, in our opinion, a threat to the functioning of the Chatono Software, Chatono network, or third parties arises, particularly through excessive data transmission, deployment of poorly secured systems, or activities of viruses, trojans, and similar software, we have the right to take all measures we reasonably deem necessary to avert or prevent this threat. This includes the right to delete your account and Data without the obligation to refund or compensate you. Chatono is not liable for any damage resulting from the deletion of your account and data in such a situation.

By creating an account on the Chatono platform, making use of our Chatono Software or our Services you, your customers and Users accept our Terms and Conditions, our Privacy Policy and our Access Conditions.

These terms apply to demos, trial accounts, Services, and all subscriptions to our Chatono Software. The Terms and Conditions apply directly to all our quotes and special offers. The Terms and Conditions form an integral part of every quote or special offer.

Deviation from these Terms and Conditions is only possible if both parties have agreed to this in advance and in writing.

When the Chatono Software uses services and software of third parties, in addition to the Terms and Conditions of Chatono, the standard (license) terms of the relevant third party also apply. We are not responsible for the services of this third party.

Trial Period

Chatono offers a 7-day free trial period for new customers to evaluate the Software and Services. During this trial period, you will have access to the full features of your selected plan. No credit card is required to start the trial.

Best Efforts Obligation

We do our best to provide the Services and implement quotes in a way that makes you as satisfied as possible. All agreements between us qualify as a best efforts obligation, unless we have explicitly agreed on a result in the quote. This result must be described in writing with sufficient determinability.

Subscription Plans

All purchases are on a subscription basis. Chatono offers both monthly and annual subscription plans. The type of Services purchased, the fee rates, and the payment process will be set forth in your applicable order form.

Payment Processing

All payments are processed securely through Stripe, our third-party payment processor. By making a payment, you agree to Stripe's terms and conditions.

Automatic Renewal

If you purchase an annual subscription, your subscription will automatically renew for additional one-year terms unless you provide notice of non-renewal at least ten (10) days prior to the end of the then-current subscription term.

Monthly subscriptions will automatically renew each month until cancelled.

Cancellation

Upon any cancellation of annual Services, you will continue to have access to the Services through the end of your then-current term, at which time your access to the Services will terminate.

For monthly subscriptions, upon cancellation, you will continue to have access to the Services until the end of your current billing period.

Refund Policy

Important: According to Chatono's Terms of Service, payments made for subscription plans are non-refundable. Because of this policy, we highly recommend taking advantage of the 7-day free trial to ensure the service fully meets your needs before committing to a paid subscription.

No refunds will be issued for:

• Partial months or years of service
• Unused features or Services
• Early termination of subscription
• Accounts cancelled mid-billing cycle

All intellectual property rights in the Chatono Software, including but not limited to copyrights, trademarks, patents, trade secrets, and any other proprietary rights, are owned by Chatono or its licensors.

The Client is granted a limited, non-exclusive, non-transferable license to use the Chatono Software solely for the Client's internal business purposes during the term of the Agreement.

Restrictions

We consider every form of use, copying, and disclosure of the Materials that falls outside the bounds of these Terms and Conditions as an infringement on our intellectual property rights.

If you do this, you will owe Chatono an immediately payable fine of €10,000 per infringing act. The fine is increased by a sum of €500 for each day that the infringement continues, where Chatono reserves the right to submit a claim for compensation for the actual, full damages caused by the infringement or to take other judicial actions in order to end the infringement.

You may not:

• Copy, modify, or create derivative works of the Chatono Software;
• Reverse engineer, decompile, or disassemble the Chatono Software;
• Rent, lease, lend, sell, sublicense, or transfer the Chatono Software;
• Remove or modify any proprietary notices or labels on the Chatono Software.

Your Data

You retain all rights to your Data. Chatono will not access, use, or disclose your Data except as necessary to provide the Services or as required by law. You are responsible for the accuracy, quality, and legality of your Data.

Service Availability

The Chatono Software is provided "as is" and "as available" without warranty of any kind, either express or implied. Chatono does not warrant that the Services will be uninterrupted, error-free, or completely secure.

Limitation of Liability

To the maximum extent permitted by applicable law, Chatono shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access to or use of or inability to access or use the Services;
• Any conduct or content of any third party on the Services;
• Any content obtained from the Services;
• Unauthorized access, use, or alteration of your transmissions or content.

In no event shall Chatono's total liability to you for all damages exceed the amount paid by you to Chatono in the twelve (12) months prior to the event giving rise to the liability.

Indemnification

You agree to indemnify, defend, and hold harmless Chatono and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with your access to or use of the Services or your violation of these Terms and Conditions.

Term

The Agreement shall commence on the date you first access or use the Services and shall continue until terminated in accordance with these Terms and Conditions.

Termination by Client

You may terminate your subscription at any time by cancelling your account through the Chatono Software dashboard or by contacting our support team at info@chatono.com. Upon termination, you will retain access to the Services until the end of your current billing period.

Termination by Chatono

Chatono may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason, including but not limited to:

• Breach of these Terms and Conditions;
• Non-payment of fees;
• Fraudulent, abusive, or illegal activity;
• At our sole discretion.

Effect of Termination

Upon termination of your account:

• Your right to access and use the Services will immediately cease;
• We will delete your Data within 30 days, unless we are required to retain it by law;
• You remain responsible for all charges incurred up to the date of termination;
• Provisions that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Governing Law

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

Dispute Resolution

Any disputes arising out of or relating to these Terms and Conditions or the Services shall be resolved in the courts of Almería, Spain.

Changes to Terms

Chatono reserves the right to modify or replace these Terms and Conditions at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect.

Your continued use of the Services after any such changes constitutes your acceptance of the new Terms and Conditions.

Severability

If any provision of these Terms and Conditions is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

Waiver

The failure to enforce any provision of these Terms and Conditions shall not constitute a waiver of such provision or any other provision.

Entire Agreement

These Terms and Conditions, together with the Privacy Policy and Cookie Policy, constitute the entire agreement between you and Chatono concerning the Services.

If you have any questions about these Terms and Conditions, please contact us: