Terms of Service

1. Introduction

IKIbrain (“the Service”) is a platform offering an artificial intelligence-based chatbot service, developed and operated by IKIweb Internet Media s.r.l. (hereinafter “IKIweb”, “the Company”, “we” or “our”), with registered office at Via Varzi 6, Busto Arsizio (VA), Italy — VAT IT02848390122.

These Terms of Service (“Terms”) govern access to and use of the website ikibrain.ai, the application platform app.ikibrain.ai, the embeddable widget and any related service.

By using the Service, the user declares to have read, understood and fully accepted these Terms and our Privacy Policy. If the user does not agree, they must not use the Service.

These Terms apply to all visitors, registered users and customers who access or use the Service.

2. Description of the Service

IKIbrain allows users to create and configure artificial intelligence-based chatbots, trained on content provided by the user (web pages, documents, FAQs, texts), to be integrated into their own websites via a JavaScript widget or a standalone chat page.

The Service includes, depending on the plan subscribed:

• Creation and management of one or more chatbots
• Customizable knowledge base (web pages, documents, snippets, FAQs)
• Embeddable widget and standalone chat page
• Analytics dashboard and conversation history
• Visual and behavioral customization
• Multilingual support

3. Registration and account

To use the Service it is necessary to enter into a contract. After signing the contract, IKIweb will provide the user with private credentials to access their account. The user is responsible for the confidentiality of their access credentials and for all activities that take place under their account.

The user undertakes to:

• Provide truthful information and keep it up to date
• Protect the confidentiality of their password
• Better protect their access by enabling, if deemed necessary, the 2FA system
• Notify us immediately of any unauthorized access to their account
• Not share access credentials with third parties

The Service is intended exclusively for professionals, businesses and legal entities (“Customers”) acting in the course of their professional or business activity. By registering, the user declares not to act as a consumer pursuant to Italian Legislative Decree 206/2005.

4. Plans, subscriptions and payments

4.1 Subscription plans

The Service is offered through different subscription plans, each with specific features, usage limits and prices, as indicated on the Pricing page.

4.2 Billing and renewal

Subscriptions automatically renew on a monthly or yearly basis, depending on the option chosen at sign-up, unless cancelled at least 30 days before the end of the current period.

Billing takes place in advance with respect to the service period.

4.3 Payment methods

Payment can be made by bank transfer, PayPal or other electronic instruments possibly agreed in the contract. The user declares to have the legal right to use the payment method provided and that the information is truthful and complete.

4.4 Price changes

The Company reserves the right to change subscription prices. Any change will be communicated to the user with at least 30 days’ notice via email or platform notification.

The new commercial terms apply from the first renewal following the end of the notice period. If the user does not wish to accept the new terms, they may withdraw from the contract without penalty by the date the change takes effect, providing notice as set out in art. 16.

If the user does not withdraw within the indicated deadline, the new commercial terms will be deemed accepted.

4.5 Refunds and credits

Payments made are not refundable. In case of cancellation, the Service remains active until the end of the billing period already paid for, without generating further charges.

Should the Service be unavailable for reasons attributable to the Company for a continuous period exceeding 72 hours, the user may request a credit proportional to the period of unavailability, to be used against the next subscription fee. The request must be submitted within 15 days of Service restoration.

4.6 Non-payment

In case of non-payment by the due date, the Company will grant a 15-day grace period, during which the Service remains active. If payment is not regularised after that period, the Company may suspend access to the Service until the outstanding amount is settled.

If a further 30 days pass after suspension without regularisation, the Company may terminate the contract pursuant to art. 16. In case of late payment, the Company reserves the right to apply default interest as provided by Italian Legislative Decree 231/2002.

5. Fair use of the Service

We are committed to providing a high-quality service to all users. We expect the Service to be used reasonably and within the limits provided by the subscribed plan.

In case of usage that significantly and systematically exceeds the plan limits (number of messages, sources, storage), we reserve the right to:

• Contact the user to suggest a more suitable plan
• Temporarily limit access to the Service
• Suspend the account in case of repeated abuse

Usage monitoring is automated to ensure the quality of the Service.

6. Prohibited uses

The user undertakes not to use the Service to:

• Violate applicable national or international laws or regulations
• Exploit, harm or expose minors to inappropriate content
• Send unsolicited promotional material, spam or chain messages
• Impersonate other parties or falsely declare an affiliation
• Upload or train the chatbot with illegal, offensive, defamatory, discriminatory, pornographic content, content related to gambling or betting, or content that infringes third-party rights
• Generate or spread false, misleading or harmful information through the chatbot
• Use automated systems (bots, spiders, scrapers) to access the Service without written authorization
• Attempt to gain unauthorized access to the Company’s systems, networks or data
• Introduce viruses, malware or other malicious code
• Interfere with the proper functioning of the Service or deliberately overload the infrastructure
• Resell, sublicense or redistribute the Service without written authorization
• Decompile, disassemble, reverse engineer or otherwise attempt to derive the source code, algorithms or structure of the Service, except to the extent expressly permitted by applicable law

The above list is illustrative and not exhaustive. The Company reserves the right to evaluate any use of the Service not expressly contemplated and to take the measures referred to in art. 16.

7. User content

7.1 Ownership of content

The user retains full ownership of the content uploaded to the platform (documents, texts, FAQs, web pages). The user warrants that they have all the rights necessary to use such content and to authorise its processing by the Service.

7.2 Licence of use

By uploading content to the platform, the user grants the Company a non-exclusive, worldwide licence limited in time to the duration of the subscription, for the sole purpose of providing the Service (indexing, AI processing, response generation). This licence extends to the data retention period following account termination referred to in art. 16.4, limited to retention and export operations.

7.3 AI-generated answers

The chatbot’s answers are generated by artificial intelligence models on the basis of the content provided by the user. The Company does not guarantee the accuracy, completeness or appropriateness of such answers. The user is responsible for verifying and supervising the answers their chatbot provides to visitors, promptly notifying the Company of any anomalies or inappropriate behaviour by the chatbot, so that the Company can carry out the appropriate checks.

7.4 Transparency obligations

The Service includes a notice integrated in the chatbot interface informing visitors of the artificial nature of their counterpart. The user undertakes not to remove, hide or alter such notice.

Regardless of the above notice, the user is required to clearly indicate on their website, near the chatbot or in their own policy, that responses are generated by an artificial intelligence system and not by a human operator, in compliance with the transparency obligations set out in EU Regulation 2024/1689 (AI Act, art. 50).

If the user uses the chatbot in contexts involving the provision of medical, legal, financial or otherwise specialist information, they are required to display a clearly visible warning specifying that the chatbot’s answers are purely informative and do not in any way replace the opinion of a qualified professional. The lack of such warnings constitutes a breach of these Terms and may lead to the application of the measures referred to in art. 16.

8. Intellectual property

The Service, including software, code, interface, design, trademarks, logos and documentation, is the exclusive property of the Company or its licensors and is protected by Italian, European and international intellectual property laws.

The trademark “IKIbrain” and the associated logo may not be used without the Company’s written consent.

The user does not acquire any intellectual property right over the Service by virtue of using it.

9. Copyright infringement

The Company respects the intellectual property rights of others. If a rights-holder believes that content on the platform infringes their copyright, they can send a notice to info@ikiweb.it indicating:

• Identification of the protected work
• Indication of the allegedly infringing content and its location on the platform
• Contact details of the notifier
• Good-faith statement that the contested use is not authorised

Bad-faith notices may lead to liability for damages.

10. Communications

By signing up for the Service, the user consents to receive communications from us related to the Service (technical notifications, updates, security communications).

The user may also receive commercial or promotional communications, from which they can unsubscribe at any time using the dedicated link in each communication or by contacting info@ikiweb.it.

11. Third-party services and links

The Service may contain links to third-party sites or services. The Company has no control over such sites and assumes no responsibility for their content, privacy policies or practices.

The Service relies on third-party providers for AI processing (language models), OCR scanning of documents and images, hosting and payment processing. The user acknowledges that delivery of the Service depends on the availability and proper functioning of such third-party services and that IKIweb may not in any way be held responsible if the Service is unavailable or not fully functional due to issues with one or more of its providers.

12. Feedback

The user may provide suggestions, ideas or reports (“Feedback”). The user acknowledges that Feedback is not confidential and grants the Company the right to use, modify and incorporate such Feedback into the Service without any obligation of compensation or attribution.

13. Disclaimer of warranties

To the extent permitted by applicable law, the Service is provided “as is” and “as available”, without warranties of any kind, express or implied, including, by way of example, warranties of merchantability, fitness for a particular purpose or non-infringement of third-party rights.

In particular, the Company does not warrant that:

• The Service will be uninterrupted, error-free or 100% secure
• AI-generated answers are accurate, complete or suitable for specific purposes
• The Service will meet the user’s specific expectations
• Any defects will be corrected within a specific timeframe

The user uses the Service at their own risk and responsibility. Mandatory warranties under Italian law remain unaffected.

14. Limitation of liability

To the extent permitted by applicable law, the Company shall not be liable for indirect, incidental, special, consequential or punitive damages, including, by way of example, loss of profits, data, business opportunities or goodwill, arising from the use of or inability to use the Service.

In any case, the Company’s total liability towards the user shall not exceed the amount actually paid by the user for the Service in the 12 months preceding the event giving rise to the liability.

The limitations in this article do not apply in case of wilful misconduct or gross negligence by the Company, nor where applicable law does not allow such exclusion or limitation (art. 1229 of the Italian Civil Code).

15. Indemnification

The user undertakes to hold the Company, its directors, employees and collaborators harmless from any claim, damage, cost or expense (including legal fees) arising from:

• Breach of these Terms by the user
• Content uploaded by the user to the platform
• Improper use of the Service
• Infringement of third-party rights

16. Suspension and termination

16.1 Immediate suspension

The Company reserves the right to immediately suspend or terminate the user’s account, without notice, in case of:

• Fraudulent or abusive use of the Service
• Serious breach of these Terms, including the prohibited uses in art. 6
• Request from competent judicial or administrative authorities
• Conduct that endangers the security, integrity or availability of the Service or of other users’ data

16.2 Suspension with notice

In case of breaches that can be remedied, the Company will notify the user of the issue and grant a 15-day deadline to fix it. By way of example, remediable breaches include:

• Constant exceedance of the usage thresholds set by the subscribed plan
• Non-payment, under the conditions and deadlines set out in art. 4.6
• Other breaches of these Terms not falling under art. 16.1

If the user does not remedy the breach within the granted deadline, the Company may proceed with suspension and, subsequently, termination of the contract.

16.3 User withdrawal

The user may withdraw from the contract at any time by sending a written request to info@ikiweb.it. Withdrawal takes effect at the end of the current billing period.

16.4 Effects of termination

Upon account termination, for any reason, user data will be retained for a period of 60 days, during which the user may request export. After this period, data will be permanently deleted, subject to any retention obligations required by law.

17. Changes to the Service

We reserve the right to modify, suspend or discontinue any aspect of the Service at any time, with or without notice. We will not be liable to the user if the Service, in whole or in part, becomes unavailable for any period of time.

18. Changes to the Terms

The Company reserves the right to modify these Terms. Changes will be published on this page with an updated “Last updated” date.

For substantial changes, the user will be notified via email or platform notification with at least 30 days’ notice. If the user does not wish to accept the changes, they may withdraw from the contract without penalty by the effective date of the new Terms, in accordance with art. 16.3.

Continued use of the Service after the changes take effect constitutes acceptance of the updated Terms.

For non-substantial changes (formal corrections, clarifications, regulatory adjustments), publication on this page constitutes sufficient notice.

19. Force majeure

The Company shall not be liable for delays or non-performance in providing the Service due to force majeure events, defined as events beyond the Company’s reasonable control, including, by way of example: natural disasters, pandemics, acts of war or terrorism, government measures, telecommunications or power network outages, failures of third-party providers, exceptional cyberattacks.

In case of force majeure, the Company’s obligations will be suspended for the duration of the event. The Company undertakes to inform the user promptly and to take every reasonable measure to restore the Service as soon as possible.

If the force majeure event lasts more than 60 continuous days, either party may withdraw from the contract without penalty, providing written notice to the other party.

20. Applicable law and jurisdiction

These Terms are governed by Italian law.

In case of any dispute arising from these Terms or from the use of the Service, the parties undertake to attempt mediation with a mediation body registered with the Italian Ministry of Justice, based in the province of Varese, before applying to the courts.

If the mediation attempt does not result in an agreement within 30 days from the filing of the request, or if one of the parties fails to take part, the Court of Busto Arsizio (VA) shall have exclusive jurisdiction.

21. Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

22. Waiver

The Company’s failure to enforce any right or provision of these Terms does not constitute a waiver of such right or provision. A waiver of a term on a particular occasion shall not be deemed a continuing or future waiver.

23. Assignment of the contract

The user may not assign, transfer or delegate to third parties the rights or obligations arising from these Terms, nor their account, without the Company’s prior written consent.

The Company may assign these Terms, in whole or in part, to subsidiaries, affiliates or third parties as part of mergers, acquisitions, demergers or business unit transfers, providing notice to the user within 30 days of the completion of the operation. In such case, the user’s rights and obligations remain unchanged.

24. Contacts

For any questions regarding these Terms of Service, you can contact us at:

• Email: info@ikiweb.it
• Web: ikiweb.it