Arkeo Sessions Terms of Use

These terms govern the use of the Arkeo Sessions software and the related online services (account, licences, payments and updates), provided by ARKEOBOTS S.L., tax ID B21906508, with registered office at Calle Ávila 89, Planta 4, Puerta 1, 08005 Barcelona (Spain), email contact@arkeobots.com.

Arkeo Sessions is intended exclusively for professionals: care homes, day centres and other organisations that run activities for older people (hereinafter "the facility"). The person who accepts these terms declares that they act on behalf of the facility and are authorised to bind it.

By ticking the acceptance box in the application, the facility accepts these terms and declares that it has read the Privacy Policy. Both documents can be viewed and downloaded at arkeobots.com. The terms that apply to the ARKEO robot are governed by the Terms of Use specific to that product (the ARKEO robot), not by this document.

Arkeo Sessions is software for Windows computers that helps the facility's staff run group sessions: memory games, riddles, word games, conversation and gentle movement, presented by the character Arkeo on the facility's screen.

The staff set up the session and Arkeo leads it. Speech recognition is performed on the computer itself: the microphone sound is neither recorded nor stored, and never leaves the device. The software does not use any camera.

Arkeo Sessions is not a medical device. It does not assess, measure or diagnose anyone's condition, and it does not replace the support provided by professionals. The facility's staff remain present during the session and remain responsible for the group.

Arkeobots' online service is used to create the account, issue and renew the software licence, manage payment and provide updates. During the session, the software works without an Internet connection.

To use Arkeo Sessions, the facility creates an account with its professional contact details. The facility undertakes to provide accurate information and to keep it up to date from the "Profile" page of the application.

The trial code sent by Arkeobots opens a free 30-day trial of the Premium plan, for one computer, with no bank card and no commitment. One trial is granted per facility. Arkeobots may refuse or cancel a code that is used abusively.

At the end of the trial, if the facility does not take out a subscription, the application continues to work in limited mode (sessions of 10 minutes at most) and the account data is kept in accordance with the Privacy Policy.

Standard plan: €100 excl. VAT per month or €1,000 excl. VAT per year per workstation, with sessions of up to 30 minutes.

Premium plan: €200 excl. VAT per month or €2,000 excl. VAT per year per workstation, with sessions of up to one hour and a guided break in the middle of the session.

A workstation is a computer of the facility on which Arkeo Sessions is used. Each workstation can lead its own group (for example, a floor or a care level). The facility chooses the number of workstations when subscribing and can change it from the customer portal.

Applicable VAT is added to these prices. The price in force is the one displayed in the application at the time of subscription.

Payment is handled through Stripe, by card, SEPA direct debit or invoice paid by bank transfer. Arkeobots does not have access to card or bank account details and does not store them. Invoices are sent by email and are available in the customer portal, accessible from the "Profile" page.

If the facility subscribes during the trial, the first charge is made at the end of the trial.

Arkeobots may change its prices. Any change will be notified by email at least 30 days in advance and will apply only from the next billing period. The facility may cancel before that date if it does not accept the change.

The subscription renews automatically at the end of each monthly or annual period until the facility cancels it.

The facility may cancel at any time from the customer portal ("Profile" page, "Manage subscription and invoices") or by writing to contact@arkeobots.com. Cancellation takes effect at the end of the period already paid. Until that date, the facility keeps its plan. Periods already started are not refunded, unless the law provides otherwise.

The facility may change plan or billing frequency from the same portal.

If a payment cannot be collected, Arkeobots will notify the facility by email. If the non-payment continues, the licence is not renewed and the application switches to limited mode.

As long as the account is active, Arkeobots grants the facility a non-exclusive, non-transferable right to use Arkeo Sessions, limited to its own activities, to the facility named in its account and to the number of workstations subscribed. Each account corresponds to a single facility: a group of several care homes opens one account per care home.

If the facility changes computer, it can transfer the licence from the application ("Use the licence on this PC"), once a month; in any other case, it can write to contact@arkeobots.com. On other computers, the software works in limited mode.

Special conditions agreed in writing with Arkeobots, for example with pilot care homes, prevail over these terms for what they expressly provide.

The facility may not resell, rent or assign the software, nor decompile or modify it, except where expressly permitted by law.

Arkeo Sessions includes free software components (for example, voices and speech synthesis and speech recognition engines) governed by their own licences. The list and text of these licences are supplied with the software, in the LICENCES folder.

The facility undertakes to:

• use a compatible computer running Windows and its own microphone;
• entrust the use of the software to staff who know how it works and who stay with the group throughout the session;
• not enter any personal data of residents into the software;
• use the service lawfully and in accordance with its purpose;
• keep the software up to date, which happens automatically when the computer is connected.

Arkeobots processes the facility's contact details, the account and subscription data, and an encrypted summary of each session (date, duration, programme, number of activities and, if the staff enter it, a brief assessment). No data relating to residents is collected.

The details of this processing, its purposes and individuals' rights are set out in Arkeobots' Privacy Policy.

Arkeobots regularly improves the software. Updates are downloaded and installed automatically, without any action by the facility.

The online service is provided with the greatest possible continuity, but it may be interrupted for maintenance reasons or for external causes. Without a connection, the licence remains valid for up to 7 days after its scheduled renewal date.

Support is provided by email at contact@arkeobots.com, on working days.

Arkeobots provides the service with the diligence of a professional, without guaranteeing that the software is free of errors or that speech recognition will understand every answer.

Arkeobots cannot be held liable for indirect damages, such as loss of profit or loss of data that the facility entered on its own initiative. In any event, its total liability is limited to the amount paid by the facility during the 12 months preceding the event giving rise to liability.

These limitations do not apply in cases of wilful misconduct or gross negligence, or where the law does not allow them.

The software, the Arkeo character, the game content, the voices, the texts, the visuals and the Arkeobots brand belong to ARKEOBOTS S.L. or its licensors. These terms do not transfer to the facility any right in these elements, other than the right of use described in section 6.

Arkeobots may suspend or close an account in the event of fraudulent use or use contrary to these terms, after notifying the facility by email, except in an emergency.

The facility may stop using the service at any time and ask for its account to be deleted by writing to contact@arkeobots.com, without prejudice to the retention periods required by law (for example, for invoices).

Arkeobots may change these terms to adapt them to the law or to changes in the service. The new version is published on arkeobots.com and the application asks the facility to accept it before continuing to use the service. If the facility does not accept it, it may cancel its subscription in accordance with section 5.

These terms are governed by Spanish law. For any dispute, the parties submit to the courts and tribunals of Barcelona.

ARKEOBOTS S.L., Calle Ávila 89, Planta 4, Puerta 1, 08005 Barcelona (Spain). Tax ID B21906508. contact@arkeobots.com.