Legal Policies

Terms and Conditions

Last updated: March 1, 2025

Welcome to Kobby AI. These Terms and Conditions govern your use of our website, software, and services offered by Kobby AI, including the Kobby hotel assistant AI system.

By using our services, you agree to be bound by these Terms and Conditions. If you do not agree with any part of these terms, please do not use our services.

1. Use of Service

1.1. Service Description

Our service includes but is not limited to:

• AI-powered guest communication via messaging platforms
• Automated responses to common guest inquiries
• Integration with hotel management systems
• Multilingual support for guest interactions
• Analytics and reporting on guest communications (on our servers)

1.2. Service Limitations

While we strive to provide reliable service, we do not guarantee that:

• Our services will be uninterrupted or error-free
• The AI will correctly interpret or respond to all guest inquiries
• The service will meet all of your specific business requirements

1.3. Acceptable Use

You agree to use our services only for lawful purposes and in accordance with these Terms. You shall not:

• Use the service in violation of any local, national, or international law
• Attempt to gain unauthorized access to any portion of the service or connected systems
• Use the service to send unsolicited or unauthorized messages (spam)
• Reproduce or resell any portion of the service without express written permission
• Use the service in any manner that could damage or impair the service

2. User Accounts

2.1. Account Creation

To use certain features of our service, you may need to create an account. When you create an account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.

2.2. Account Security

You must immediately notify Kobby AI of any unauthorized use of your account or any other breach of security. Kobby AI will not be liable for any losses caused by unauthorized use of your account, provided we have implemented reasonable security measures.

2.3. Account Termination

We reserve the right to terminate or suspend access to our service immediately, without prior notice or liability, for any reason, including breach of these Terms.

3. Payment Terms

3.1. Subscription Plans

Kobby AI offers various subscription plans based on hotel size and requirements. Prices and features for each plan are listed on our pricing page and may be subject to change with notice.

3.2. Billing Cycle

Subscriptions are billed on a recurring monthly basis unless otherwise specified. You will be billed on the same date each month. If you subscribe part-way through a billing cycle, your initial payment may be prorated.

3.3. Automatic Renewal

Your subscription will automatically renew at the end of each billing period unless you cancel it before the next billing date. By subscribing, you authorize us to charge your payment method for the subscription fees on an ongoing basis until cancellation.

3.4. Taxes

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you will be responsible for payment of all such taxes, levies, or duties, excluding only taxes based on Kobby AI's income.

3.5. Price Changes

Kobby AI reserves the right to adjust pricing for our services at any time. Any price changes will be communicated to you at least 30 days in advance of implementation.

3.6. Payments and Invoicing

We accept payments through our secure payment processor. For certain customers, we may provide alternative payment methods including invoice-based payments. Invoice payment terms are net 14 days unless otherwise agreed in writing.

4. Limitations of Liability

4.1. Service Warranty

Our services are provided "as is" and "as available" without warranty of any kind, either express or implied.

4.2. Limitation of Liability

In no event shall Kobby AI, its directors, employees, partners, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, use, goodwill, or other intangible losses. Our liability is limited to the maximum extent permitted by law.

4.3. Indemnification

You agree to defend, indemnify, and hold harmless Kobby AI and its licensees, licensors, employees, contractors, agents, officers, and directors from and against any and all claims, damages, obligations, losses, liabilities, costs or debts, and expenses arising from your use of and access to the service or your violation of these Terms.

5. Modifications to Terms and Service

5.1. Amendments to Terms

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

5.2. Modifications to Service

Kobby AI reserves the right to modify, suspend, or discontinue the service at any time with or without notice. We shall not be liable for any modification, price change, suspension, or discontinuance of the service.

6. Governing Law

These Terms shall be governed and construed in accordance with the laws of the European Union and the specific member state in which our company is registered, without regard to its conflict of law provisions.

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

Privacy Policy

Last updated: March 1, 2025

At Kobby AI, we respect your privacy and are committed to protecting your personal data. This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you use our service.

1. Data Collection

1.1. Information You Provide

We collect information that you voluntarily provide when using our service, including:

• Account information (name, email address, phone number)
• Billing information (billing address, payment method details)
• Hotel business information (hotel name, size, facilities, services)
• Content of messages and communications exchanged through our platform
• Guest information that you input into our system

1.2. Information Collected Automatically

We do not use cookies or local storage on your device, nor do we use third-party analytics services like Google Analytics. However, we do log requests made to our server, including:

• IP address, browser type, and operating system
• Request timestamps and endpoints accessed
• Error logs and diagnostic data (for troubleshooting and security)

We also log and store chat conversations processed by our AI to maintain service quality, provide analytics to you, and continuously improve our responses.

1.3. Information from Third Parties

We do not actively collect data from third-party services like external analytics or advertising networks. We may receive relevant account or payment confirmations from our payment processor, but that data is handled securely and minimally.

2. Use of Data

2.1. Purpose of Data Processing

We use the collected data for various purposes, including:

• Providing and maintaining our service
• Notifying you about changes or updates to our service
• Allowing you to participate in interactive features of our service
• Providing customer support
• Gathering internal analytics to improve our service (via server logs)
• Monitoring the usage of our service for security and debugging
• Detecting, preventing, and addressing technical issues
• Processing payments and managing your account
• Improving AI assistant performance by analyzing chat logs

2.2. Legal Basis for Processing

We process your personal data on the following legal grounds:

• Performance of a contract: necessary for providing the service
• Legitimate interests: for security, debugging, and improving the service
• Legal obligation: if we are required by law to disclose or retain data
• Consent: for specific optional features or communications (if applicable)

2.3. Data Retention

We retain your personal data and chat logs as long as necessary to fulfill the purposes described in this Privacy Policy, or as required by law. You can contact us at any time to request data deletion or anonymization.

3. Data Security

3.1. Security Measures

We implement appropriate technical and organizational measures to protect your personal data. These measures include:

• Encryption of data in transit and (where feasible) at rest
• Secure user authentication and access control
• Regular security assessments and penetration testing
• Internal policies and staff training on data protection

3.2. Data Breaches

In the event of a data breach that may affect your personal data, we will notify you and the relevant supervisory authority without undue delay, and no later than 72 hours after becoming aware of the breach, where feasible.

3.3. Third-Party Service Providers

We may employ third-party providers for payment processing or hosting. Any such providers are carefully vetted to ensure they adhere to strict data protection standards.

4. Your Rights

4.1. Rights Under GDPR

If you are a resident of the European Union, you have the following rights:

• Right of access: request copies of your personal data
• Right to rectification: request correction of inaccurate information
• Right to erasure: request deletion of your personal data under certain conditions
• Right to restrict processing: request limitation of data processing
• Right to object: object to our processing of your personal data
• Right to data portability: receive your personal data in a structured, commonly used format

4.2. How to Exercise Your Rights

You can exercise your rights by contacting our Data Protection Officer at privacy@kobby.ai. We will respond to your request within 30 days. In certain circumstances, we may ask you to verify your identity before processing your request.

4.3. Withdrawing Consent

Where we process your personal data based on consent, you can withdraw your consent at any time by contacting us.

5. International Data Transfers

We store and process data on secure servers. If we transfer your personal data outside the European Economic Area (EEA), we ensure adequate safeguards (e.g., Standard Contractual Clauses) are in place.

6. Changes to the Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page and updating the "Last updated" date.

7. Contact Us

For any questions, please contact us at:

• Email: privacy@kobby.ai
• Postal address: Johan Huizingalaan 763A, 1066 VH Amsterdam, Netherlands
• Data Protection Officer: dpo@kobby.ai

Refund Policy

Last updated: March 1, 2025

This Refund Policy outlines our procedures and conditions for refunds for Kobby AI services.

1. Refund Eligibility

1.1. Trial Period

If you have purchased a subscription and are not satisfied, you may be eligible for a full refund if you request it within 14 days of your initial purchase (the "Trial Period"), provided you have not previously received a refund.

1.2. Service Issues

You may be eligible for a partial or full refund if:

• The service experiences significant downtime (more than 24 consecutive hours)
• A major advertised feature is unavailable for an extended period
• We fail to deliver a core service component as described in our service description

1.3. Subscription Cancellation

Canceling your subscription will stop future billing but does not automatically qualify you for a refund of amounts already paid. You will continue to have access to the service until the end of your current billing period.

2. Refund Process

2.1. How to Request a Refund

To request a refund, contact our customer support at support@kobby.ai with the following details:

• Your account email address
• Date of purchase
• Reason for requesting a refund
• Any relevant documentation

2.2. Refund Review Process

Upon receiving your request, we will:

1. Acknowledge receipt within 2 business days
2. Review your account history and request details
3. Determine your refund eligibility
4. Communicate our decision within 5 business days

2.3. Refund Method

Refunds will be issued to the original payment method. Depending on your payment provider, it may take up to 14 business days to process.

3. Exceptions and Limitations

3.1. Non-Refundable Items

The following are generally not eligible for refunds:

• Purchases made more than 14 days prior to the refund request
• Custom development or integration services
• Subscription fees for periods where the service was used
• Add-on features purchased separately from the main subscription

3.2. Abuse Prevention

We reserve the right to limit or decline refunds from customers who show patterns of abuse, repeated purchases followed by refunds, or who violate our Terms and Conditions.

3.3. Special Circumstances

If you believe your situation warrants special consideration, please explain in your refund request, and our team will review your case individually.

4. Changes to the Refund Policy

We reserve the right to modify this Refund Policy at any time. If we make material changes, we will notify you by posting the updated policy on our website with a new effective date.

5. Contact Us

If you have any questions about our Refund Policy, please contact:

• Email: support@kobby.ai
• Phone: +972 (52) 682-9826

GDPR Compliance

Last updated: March 1, 2025

Kobby AI is committed to ensuring compliance with the General Data Protection Regulation (GDPR). This section outlines specific information regarding our GDPR compliance practices.

1. Data Controller and Data Processor Roles

1.1. Kobby AI as Data Controller

Kobby AI acts as a data controller for the personal data we collect directly from you (account information, billing details, usage data).

1.2. Kobby AI as Data Processor

When you input guest data into our system, you remain the data controller for your guests’ data, and Kobby AI acts as a data processor, processing data on your behalf and according to your instructions.

1.3. Data Processing Agreement

If you are based in the EEA, or your usage is subject to GDPR, we can provide a Data Processing Agreement (DPA). Please contact dpo@kobby.ai to request a DPA.

2. Lawful Basis for Processing

Processing Activity	Lawful Basis
Account creation and management	Performance of a contract
Processing payments	Performance of a contract
Customer support	Legitimate interests
Service improvement and debugging (logging)	Legitimate interests
Marketing communications	Consent (if opted-in)
Legal compliance	Legal obligation

3. Data Subject Rights

Under GDPR, individuals have various rights regarding their personal data. We provide mechanisms to facilitate these rights through your account settings or by contacting dpo@kobby.ai.

4. International Data Transfers

4.1. Data Transfer Mechanisms

When transferring personal data outside the EEA, we rely on the following mechanisms:

• EU Standard Contractual Clauses
• Adequacy decisions by the European Commission
• Other lawful transfer mechanisms where applicable

4.2. Subprocessors

We use selected subprocessors (e.g., hosting providers, payment processors, AI model APIs) to help us provide, maintain, and improve our services. Each subprocessor is carefully vetted to ensure compliance with GDPR and other data protection laws.

Below is our current list of subprocessors, including their basic information and purpose of processing. This list may be updated from time to time. You can request an up-to-date list of subprocessors at any time by contacting dpo@kobby.ai.

• Amazon Web Services (AWS)
  Address: 410 Terry Avenue North, Seattle, WA 98109-5210, USA
  Website: aws.amazon.com/privacy/
  Purpose: Hosting infrastructure and related services (e.g., servers, storage)
  Data Location: Amazon Cloud Infrastructure, worldwide
  
• MongoDB Atlas
  Company: MongoDB, Inc.
  Address: 1633 Broadway, 38th Floor, New York, NY 10019, USA
  Website (Privacy): mongodb.com/legal/privacy-policy
  Purpose: Database hosting and management (MongoDB Atlas)
  Data Location: MongoDB Cloud Infrastructure, worldwide
  
• Contabo
  Address: Contabo GmbH, Aschauer Str. 32a, 81549 Munich, Germany
  Website: contabo.com/en/legal/privacy/
  Purpose: Hosting servers and related infrastructure services
  Data Location: Contabo Cloud Infrastructure, worldwide
  
• Stripe
  Address: Stripe, Inc., 510 Townsend Street, San Francisco, CA 94103, USA
  Website (Privacy): stripe.com/privacy
  Purpose: Payment processing for subscriptions
  Data Location: Stripe Cloud Infrastructure, worldwide
  
• Google Mail
  Company: Google Ireland Limited (для пользователей из ЕЭЗ)
  Address: Gordon House, Barrow Street, Dublin 4, Ireland
  Website (Privacy): policies.google.com/privacy
  Purpose: Email service and communications
  Data Location: Google Cloud Infrastructure, worldwide
  
• PrivateEmail (Namecheap)
  Address: 4600 East Washington Street, Suite 305, Phoenix, AZ 85034, USA (Namecheap Inc.)
  Website (Privacy): namecheap.com/legal/general/privacy-policy
  Purpose: Email hosting service, especially for privateemail.com
  Data Location: worldwide
  
• OpenAI
  Address: OpenAI, L.L.C., 3180 18th Street, San Francisco, CA 94110, USA
  Website (Privacy): openai.com/policies/privacy-policy
  Purpose: AI text generation for user queries (chat requests)
  Data Location: United States
  
• Anthropic (Claude.ai)
  Address: Anthropic PBC, 548 Market St PMB 82860, San Francisco, CA 94104, USA
  Website (Privacy): anthropic.com/index/privacy
  Purpose: AI text generation (Claude model API)
  Data Location: United States
  
• Google Gemini
  Company: Google LLC / Google Ireland Ltd.
  Address: 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (Global HQ)
  Website (Privacy): policies.google.com/privacy
  Purpose: AI text generation (experimental/new generative AI from Google)
  Data Location: Google Cloud Infrastructure, worldwide
  
• WhatsApp messaging
  Provider: 360dialog GmbH
  Website (Privacy): 360dialog.com
  Purpose: Sending WhatsApp messages to users/guests
  Data Location: Germany
  

5. Data Protection Impact Assessments

We conduct Data Protection Impact Assessments (DPIAs) before implementing new technologies or processes that may pose a high risk to individuals’ rights.

6. Data Breach Notification

In the event of a personal data breach, we will notify affected data subjects and relevant supervisory authorities in accordance with GDPR Article 33 and 34.

7. Data Protection Officer

We have appointed a Data Protection Officer who can be contacted at dpo@kobby.ai for any GDPR-related inquiries.