Terms of use

These general terms of use (hereinafter the "Terms of Use") set out the rules for using the online services provided under the MUVIA brand by Carl-Marie Miniconi, sole trader (EI), registered with the Ajaccio Trade and Companies Register (RCS) under number 980 224 471, whose address is Piscia Rossa, San Giovanni, 20167 Appietto, France, and who can be reached at contact@muvia-solutions.fr (hereinafter "MUVIA").

They apply to any person with an account on the application app.muvia-solutions.fr (hereinafter the "User"). They are accepted when the account is created, by ticking a box, including by people invited to join a customer's team; the date and version accepted are recorded.

The Terms of Use supplement MUVIA's general terms and conditions of sale (hereinafter the "Terms of Sale"), which govern the contract concluded with the customer and prevail in the event of conflict. Terms defined in the Terms of Sale have the same meaning in the Terms of Use.

• "Customer": the tourist accommodation operator that has subscribed to the Services or is trying them;

• "Account Holder": the User who created the Customer's account;

• "Team Member": a User invited by the Account Holder or by a manager to use the Customer Area;

• "Assistant": the conversational assistant that the Customer configures and can embed on its website;

• "Welcome Book": the digital welcome book that the Customer publishes for Guests.

The account is created with an email address and a password, the address having to be confirmed by a link received by email, or with a Google or Facebook account. The User provides accurate information and keeps it up to date.

The account is personal: it may not be shared between several people. Each Team Member has their own account.

Where MUVIA creates a Customer's account at its request, using the Customer's email address, the Customer takes possession of it by setting its password.

The User keeps their login credentials confidential and is responsible for any use of their account. They inform MUVIA without delay, at contact@muvia-solutions.fr, of any unauthorised use or any loss of confidentiality of their credentials. MUVIA never asks a User to disclose their password.

The Account Holder may invite Team Members, within the number of seats of the subscribed plan. The invitation is personal: it can only be accepted by an account using the invited email address. Each Team Member is given one of the following roles:

The Customer is responsible for the actions carried out by Team Members. The Account Holder may remove a Team Member's access at any time; a manager may remove an agent's access.

6.1 Assistant

The Customer configures the Assistant and provides it with the information from which it answers Guests. The Customer may embed it on its own website using the code provided in the Customer Area; it remains responsible for its website. With the Premium plan, Team Members can take over the conversation with a Guest live.

6.2 Welcome Book

The published Welcome Book can be viewed, without an account, by anyone who has its link or QR code. Regenerating the public link from the Customer Area disables links and QR codes already distributed. Welcome Books carry the statement "A MUVIA solution".

6.3 Pre-filling from sources

To pre-fill the Assistant's knowledge base or the Welcome Book's sections, the Customer may designate its website, its listing on the Booking.com platform and documents. It warrants that these sources concern its own property and that it is entitled to have them read and used for this purpose. It avoids uploading documents containing personal data of its customers or third parties. Reviews published on the Booking.com listing are not used. The number of analyses is limited to three per day per property.

6.4 Files

Uploaded files must comply with the formats and sizes indicated in the Customer Area. They are scanned by an antivirus and may be rejected.

6.5 Export and deletion

The Account Holder may at any time, from the Customer Area, export the account data in a structured format and, under the conditions of Article 12.2 of the Terms of Sale, delete the account.

The User undertakes not to use the Services:

• to publish or transmit any illegal content, in particular content that is defamatory, insulting, discriminatory, inciting hatred or violence, infringing, or that violates the privacy or image rights of others;

• to give Guests misleading information, in particular about the services, prices or classification of the property;

• to ask Guests for data that is not necessary for their stay, in particular health data, opinions or data relating to offences;

• to introduce malicious code, attempt to access another customer's data, circumvent the limits of their plan or security measures, or impair the operation of the Services, in particular through excessive automated requests;

• to copy, decompile or extract all or part of the Services, subject to the exceptions provided by law, or to resell access to them to third parties;

• for purposes other than informing and welcoming the Guests of their property.

The Customer is the publisher of the content of its Assistant and Welcome Book and is solely responsible for it. MUVIA is its host and is not subject to a general monitoring obligation. Any illegal content may be reported to MUVIA using the procedure described in its legal notice.

The Customer ensures that the images it publishes, in particular the Welcome Book's cover photograph, do not show identifiable people without their permission, and that it holds the rights required to publish them.

The Customer is the controller of the Guest data collected through the Services; MUVIA processes it on the Customer's behalf, under the conditions of the data processing agreement annexed to the Terms of Sale. The Customer informs Guests and responds to their requests to exercise their rights, in particular using the viewing and deletion functions of the Customer Area. Team Members only use this data to answer Guests.

The Assistant's answers are generated automatically by a language model from the information provided by the Customer. They may contain errors. The Customer regularly checks, in the dashboard, the answers given and the questions left unanswered, and completes its information accordingly. The Assistant is not intended to make decisions concerning Guests, nor to handle emergencies.

MUVIA endeavours to ensure continuous access to the Services, under a best-efforts obligation, subject to maintenance operations and cases of force majeure. It may change the Services under the conditions of Article 4 of the Terms of Sale.

In the event of a breach of the Terms of Use, MUVIA may, after informing the User, remove content, restrict access to it, or suspend an account or a Team Member's access. It may act without prior notice where urgency, the security of the Services or a legal obligation so requires; the User is then informed without delay.

Any such decision is accompanied by a statement of reasons, in accordance with Article 17 of Regulation (EU) 2022/2065 (Digital Services Act). The User may contest it by writing to contact@muvia-solutions.fr; MUVIA reviews its decision and replies within a reasonable time. The contractual consequences of a breach are governed by Article 13 of the Terms of Sale.

Intellectual property rights in the Services and in the Customer's content are governed by Article 17 of the Terms of Sale. For the duration of their access, the User has the right to use the Services for the Customer's needs.

The User is responsible for their use of the Services and for the content they upload. MUVIA's liability is governed by Article 18 of the Terms of Sale.

MUVIA processes Users' data as controller, under the conditions described in its privacy policy, accessible from the muvia-solutions.fr website.

MUVIA may amend the Terms of Use. The new version is brought to Users' attention, by email or in the Customer Area, at least thirty (30) days before it takes effect. A Customer who refuses it may terminate as provided in Article 21 of the Terms of Sale; otherwise, continued use of the Services after the effective date constitutes acceptance of the new version.

The Terms of Use apply for as long as the User's account exists. A Team Member's access ends when they are removed from the team or when the Customer's account is deleted.

The Terms of Use are governed by French law. Disputes between MUVIA and the Customer are settled under the conditions of Article 26 of the Terms of Sale; other disputes fall within the jurisdiction of the competent French courts under the ordinary rules.