HiJiffy Console: Terms of Service

1. Introduction and Scope

These Terms of Service (the “TOS”) govern the access and use of the HiJiffy Console platform (https://console.hijiffy.com/login) and all associated services (collectively, the “Console”) provided by HIJIFFY, S.A. (“HiJiffy,” “we,” “us”).

These TOS apply to all authorised employees, agents, and contractors of the HiJiffy Client (the “Client”) who are granted access to the Console (collectively, “Users,” “you”).

These TOS are supplementary to the Master Service Agreement (MSA) and the Data Processing Agreement (DPA) executed between HiJiffy and the Client. In the event of any direct conflict between these TOS and the terms of the MSA or DPA, the terms of the MSA or DPA shall prevail.

2. Acceptance of Terms

By logging into, accessing, or otherwise using the Console, you, the User, represent that you are an authorised representative of the Client and that you agree to be bound by these TOS and all applicable terms of the Client’s MSA. If you do not agree to these terms, you must not access or use the Console.

3. License to Use the Console

Subject to the Client’s compliance with the MSA and the User’s compliance with these TOS, HiJiffy grants the User a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Console solely for the Client’s internal business operations and as intended by the service’s features.

4. User Obligations and Acceptable Use

As a User, you are responsible for your conduct and all activity occurring under your account. You agree that you will:

• Comply with Laws: Use the Console in compliance with all applicable laws, including the General Data Protection Regulation (GDPR) and any applicable national data protection laws.
• Adhere to Policies: Comply with all data protection policies of HiJiffy and your employer (the Client).
• Secure Credentials: Maintain the confidentiality of your login credentials. You are responsible for all activities that occur under your account.
• Report Incidents: Immediately report any actual or suspected unauthorised access to your account or potential security incidents to both your Client administrator and HiJiffy at [email protected].
  
  

You agree that you will not:

• Use the Console for any fraudulent, illegal, or unethical purpose.
• Reverse-engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying logic of the Console or its AI systems.
• Upload, post, or transmit any data that is unlawful, harmful, or violates the privacy rights of any third party.
• Interfere with or disrupt the integrity or performance of the Console, its security measures, or the data contained therein.
• Attempt to gain unauthorised access to the Console, its related systems, or any data other than that which you are expressly authorised to access.
  
  

5. Intellectual Property Rights

• HiJiffy IP: HiJiffy retains all rights, titles, and interests in and to the Console, its software, documentation, AI systems, and all underlying intellectual property. No rights are granted to the User other than the limited license specified in Section 3.
• Client Data: As between HiJiffy and the Client, the Client retains all rights and ownership of the data submitted, managed, or processed via the Console (e.g., guest chat messages, booking information). HiJiffy’s use of this data is governed by the DPA.
  
  

6. Security and Data Protection

HiJiffy is committed to maintaining the security and integrity of the Console and the personal data it processes. We implement robust technical and organisational measures as defined in our GDPR Compliance Framework, including:

• Access Controls: Restricting access to personal data to authorised personnel only.
• Encryption: Protecting personal data at rest and in transit using industry-standard encryption protocols.
• Regular Audits: Conducting periodic internal audits and annual external penetration testing by a certified third-party security firm.
• Industry Standards: Adhering to industry standards such as NIST SP800-115, ISACA IS Auditing Procedure, and OWASP to assess and enhance security.
  
  

7. Compliance with AI Regulations (EU AI Act)

HiJiffy’s AI-powered systems are designed in alignment with emerging legal frameworks.

• Risk Classification: Our conversational AI systems are currently assessed as Limited-Risk AI Systems under the EU AI Act (Regulation EU 2024/1689).
• Transparency: In compliance with the AI Act, HiJiffy ensures that End-Users (guests) are clearly informed that they are interacting with an AI system.
• Governance: HiJiffy maintains an internal review process for new AI use cases to ensure they remain within the limited-risk scope and monitors the AI Act implementation roadmap.
  
  

8. Third-Party Services (Subprocessors)

The Console’s functionality relies on third-party subprocessors for services such as cloud hosting and communications (e.g., Amazon Web Services EMEA SARL, Google Cloud EMEA Limited, Twilio, Inc.). All subprocessors are vetted and managed in accordance with the DPA and our GDPR compliance standards.

9. Term and Termination

A User’s right to access and use the Console is co-terminus with the Client’s active MSA. HiJiffy reserves the right to suspend or terminate any User’s access to the Console, without notice, if:

• The Client’s MSA expires or is terminated.
• The User breaches these TOS or the Client’s MSA.
• The User’s access poses a security risk to HiJiffy, the Console, or another Client.
  
  

10. Disclaimers and Limitation of Liability

• Disclaimer: The Console is provided “as is” and “as available,” without any warranties of any kind, express or implied. HiJiffy does not warrant that the Console will be error-free or uninterrupted.
• Limitation of Liability: To the maximum extent permitted by law, HiJiffy shall not be liable for any indirect, incidental, or consequential damages arising out of the User’s use of, or inability to use, the Console. HiJiffy’s total liability to the Client and its Users is defined and limited by the terms of the Master Service Agreement (MSA).
  
  

11. Modifications to Terms

HiJiffy reserves the right to modify these TOS at any time. We will provide notice of material changes by (i) notifying the Client, (ii) sending an email to the User, or (iii) posting a notice within the Console. Continued use of the Console after such notice constitutes acceptance of the modified TOS.

12. General Provisions

• Governing Law: These TOS shall be governed by and construed in accordance with the laws of Portugal, without regard to its conflict of law principles.
• Contact: For any questions regarding these TOS or to report a security incident, please contact HiJiffy at [email protected].