Terms and Conditions of Use

1. General Information

1.1 Service Provider Identification

• Company name: ENTROPY BAY, S.L.
• First name comercial: Hermet
• Tax ID (CIF): B26671842
• Domicilio social: Madrid, Spain
• Inscripción registral: Mercantile Register of Madrid, Sheet M-876302, Registration 1st
• Correo electrónico: hello@hermet.ai
• Email protección de datos: privacidad@hermet.ai
• Sitio web: https://hermet.ai
• Horario de atención: Monday to Friday, 9:00-18:00 (Spanish peninsular time)

1.2 Purpose

These Terms and Conditions govern access to and use of the "María" service, a telephone companionship service using artificial intelligence aimed at seniors, provided by ENTROPY BAY, S.L.

1.3 Acceptance

Access and use of the Service implies full and unreserved acceptance of these Terms. If you do not agree, you should not use the Service.

2. Service Description

2.1 What is María?

María is a telephone companionship service that uses artificial intelligence to make calls to seniors. The Service includes:

• Companionship calls: Regular conversations adapted to user interests.
• Availability: Service available 24 hours a day, 7 days a week.
• Personalization: Conversations adapted to user preferences and topics of interest.
• Account holder alerts: Notifications to the account holder when significant changes in user wellbeing are detected.
• Human support: Customer service available during business hours.
• Hermet Family: Mobile app for subscribers with summaries of each call, alerts, and mood tracking for the senior.

2.2 Target Users

The Service is designed for:

• Senior (service user): The person who receives Maria's calls. They are the primary recipient of the telephone companionship service. They have the right to directly request service cancellation.
• Subscriber (account holder): The person who contracts and manages the service, who may be the senior themselves or a family member. The subscriber is responsible for payment, provides the registration data, and receives call summaries and alerts through the Hermet Family app.

2.3 Technical Requirements

To use the Service, the user needs:

• A working landline or mobile phone.
• Sufficient hearing ability to maintain phone conversations.
• Fluency in Spanish.

2.4 Important Limitations

The María Service:

• Is NOT an emergency service. In case of emergency, contact 112.
• Does NOT provide professional medical, legal, or psychological advice.
• Does NOT replace professional healthcare.
• Does NOT replace family relationships or personal care.
• Is NOT suitable for people with moderate or severe cognitive impairment.

The Service is complementary and does not intend to replace professional human care or personal relationships.

3. Service Contracting

3.1 Contracting Process

1. Account creation: The subscriber enters their email and a password to create an account.
2. Subscriber details: Name, surname and relationship to the senior are provided.
3. Senior profile: The details of the person who will receive the calls are provided (name, gender, date of birth, province, phone number).
4. Life story (optional): The subscriber may provide biographical information about the senior to personalize Maria's conversations.
5. Call scheduling: Selection of preferred days and times for Maria's calls (minimum 3, maximum 7 weekly slots).
6. Terms acceptance: The subscriber accepts these Terms and Conditions and the Privacy Policy.
7. Payment: Payment details are entered through Stripe's secure payment gateway. The charge is made at the end of the 7-day free trial period.

3.2 Contracting Modalities

The Service can be contracted through the website https://hermet.ai.

3.3 Capacity to Contract

To contract the Service, you must be over 18 years old and have legal capacity to contract.

When the Service is contracted for a third party (elderly family member), the contractor declares that they have authorization from the intended user or are their legal representative, and that the user has been informed and consents to use of the Service.

4. Pricing and Billing

4.1 Prices

The Service is priced at €24.90/month (VAT included), which is clearly communicated during the contracting process.

• Include VAT unless expressly stated otherwise.
• The current price is published on the website https://hermet.ai and confirmed before completing the contract.
• Are expressed in euros (€).

4.2 Payment Method

Payment is made by:

• Credit or debit card, processed through Stripe's secure payment gateway.
• Other methods that may be enabled in the future.

4.3 Billing

• Monthly subscriptions: Billed at the start of each monthly period.
• Billing period: The contracting day of each month.
• Invoices are sent by email to the provided address.

4.4 Non-Payment

In case of non-payment:

• Hermet will notify the customer and may suspend the Service.
• Collection costs and legal late-payment interest may be charged.
• The debt may be assigned to collection agencies.

5. Trial Period and Right of Withdrawal

5.1 Trial Period

Hermet offers a free trial period of 7 calendar days from the date of contracting. During this period, the subscriber has full access to the Service at no cost. At the end of the trial period, the monthly subscription will automatically begin at the current price (€24.90/month) unless the subscriber cancels before the trial ends. The subscriber must provide a valid payment method at registration, but no charge will be made until the trial period ends.

5.2 Right of Withdrawal

Under Royal Legislative Decree 1/2007, you have the right to withdraw from the contract within 14 calendar days from contracting, without giving any reason.

How to exercise withdrawal:

Send an email to hello@hermet.ai indicating your wish to withdraw.

Effects of withdrawal:

• We will refund all payments received within a maximum of 14 days.
• The refund will be made using the same payment method used.
• If you have used the Service during the withdrawal period, you must pay a proportional amount.

6. Duration, Renewal, and Cancellation

6.1 Duration

The Service is contracted for monthly periods, unless otherwise indicated.

6.2 Automatic Renewal

The Service renews automatically at the end of each period, unless previously cancelled.

6.3 Cancellation by User

You can cancel the Service at any time:

• How: By sending an email to hello@hermet.ai or from your user panel.
• Effects: Cancellation will be effective at the end of the billed period.
• No commitment: There is no minimum commitment period.
• No penalty: No cancellation penalties apply.

6.4 Cancellation by Hermet

Hermet may cancel the Service due to:

• Breach of these Terms.
• Continued non-payment.
• Fraudulent or abusive use of the Service.
• Cessation of activity.

The user will be notified at least 30 days in advance, except in cases of serious breach.

7. User Obligations

7.1 Truthful Information

• Provide truthful, current, and complete information.
• Update your data when it changes.
• Not impersonate third parties.

7.2 Appropriate Use

• Use the Service lawfully and in accordance with these Terms.
• Treat María (the AI) with respect.
• Not use the Service for unlawful purposes or contrary to good faith.
• Not attempt to breach security systems.

7.3 Sensitive Information

Do not share by phone: credit card numbers, passwords, identity document numbers, or other sensitive data. María will never request this type of information.

7.4 Life Story

The subscriber may provide a "life story" of the senior to personalize Maria's conversations. By providing this information, the subscriber declares that: (a) they have the knowledge and/or consent of the senior to share such information; (b) the information provided is essentially truthful; (c) they understand that this information may contain sensitive data (health, beliefs, family relationships) that will receive the enhanced protection described in our Privacy Policy. Hermet will use this information exclusively to personalize Maria's conversations and improve the user experience.

7.5 Incident Reporting

• Report any technical or operational problem.
• Report if you detect unauthorized use of your account.

8. Hermet Obligations

Hermet commits to:

• Provide the Service with due diligence.
• Maintain Service availability, except for justified technical interruptions.
• Protect personal data in accordance with applicable regulations.
• Provide technical support during business hours.
• Notify scheduled interruptions with reasonable advance notice.
• Continuously improve the Service.

9. Disclaimer of Warranties and Limitation of Liability

9.1 Exclusion of Warranties

The Service is provided "as is" and "as available". Hermet does not guarantee:

• Uninterrupted availability of the Service.
• Absence of technical errors.
• Specific results from using the Service.
• Suitability of the Service for the user's particular needs.

9.2 Limitation of Liability

Hermet shall not be liable for:

• Indirect, incidental, special, or consequential damages.
• Data loss, lost profits, or business interruption.
• Damages arising from third-party actions.
• Damages arising from force majeure.
• Misinterpretations of information provided during conversations.
• Decisions made based on conversations with María.

9.3 Maximum Limit

In any case, Hermet's total liability shall be limited to the amount paid by the user in the last 12 months.

9.4 Exceptions

The above limitations do not apply in case of fraud, gross negligence, or when mandatorand thew does not allow such limitations.

10. Emergencies

IMPORTANT:

• María is NOT an emergency service.
• In case of emergency, call 112.
• María is not designed or equipped to handle emergency situations.

If during a conversation María detects signs of a possible emergency, she will try to advise the user to contact emergency services and will notify the account holder, but this does not replace a direct call to 112.

11. Intellectual Property

11.1 Ownership

All intellectual and industrial property rights over the Service, including software, algorithms, design, trademarks, and content, belong to ENTROPY BAY, S.L. or third parties who have authorized their use.

11.2 License of Use

Hermet grants the user a limited, non-exclusive, non-transferable, and revocable license to use the Service in accordance with these Terms.

11.3 Prohibitions

It is prohibited to:

• Reproduce, modify, or distribute the Service software.
• Reverse engineer or attempt to extract source code.
• Use the "Hermet" or "María" brand without authorization.
• Record conversations without Hermet's consent.

12. Privacy and Data Protection

The processing of personal data is governed by our Privacy Policy.

12.1 Privacy Commitments

• Conversations are private and processed securely.
• We do not sell personal information to third parties.
• The account holder only receives alerts, not full conversation content.
• You can request deletion of your data at any time.

13. Modifications

13.1 Modification of Terms

Hermet reserves the right to modify these Terms. Changes will be notified:

• By email to the provided address.
• Through a prominent notice on the website.

Changes will take effect 30 days after notification, except for legal changes requiring immediate application.

13.2 Right to Cancel

If you disagree with the new Terms, you may cancel the Service without penalty before they take effect.

13.3 Tacit Acceptance

Continued use of the Service after the changes take effect implies acceptance of the new Terms.

14. Severability

If any clause of these Terms is declared null or unenforceable, the remaining clauses shall remain in force. The null clause shall be replaced by another that fulfills the original purpose as closely as possible.

15. Assignment

The user may not assign their rights or obligations under these Terms without Hermet's prior consent.

Hermet may assign these Terms to third parties acquiring the company or the Service, notifying the user.

16. Applicable Law and Jurisdiction

16.1 Applicable Law

These Terms are governed by Spanish law.

16.2 Jurisdiction

For dispute resolution, the parties submit to the Courts of Madrid, unless consumer regulations impose a different jurisdiction.

16.3 Online Dispute Resolution

If you are a consumer, you may access the EU's online dispute resolution platform: https://ec.europa.eu/consumers/odr

17. Contact

For any inquiries about these Terms or the Service:

• Email: hello@hermet.ai
• Email: privacidad@hermet.ai
• Web: https://hermet.ai
• Hours: Monday to Friday, 9:00 AM - 6:00 PM (CET)

18. Annex: Withdrawal Form Template

(For consumers wishing to exercise the right of withdrawal)