1. Definitions and Interpretation
In these Terms and Conditions ("Terms"), unless the context otherwise requires, the following definitions shall apply:
- "Company" refers to P49 Benefit Corporation Srl, a company incorporated and registered under the laws of the Italian Republic, with registered office at its principal place of business, VAT number 05756700281.
- "Product" refers to the MIKY™ device, including all hardware components, embedded firmware, and associated software delivered as part of the product package.
- "Service(s)" refers to any cloud-based services, platform access, API integrations, over-the-air updates, and support services provided by the Company in connection with the Product.
- "User," "you," or "your" refers to any natural person or legal entity that accesses, purchases, or uses the Product or Services.
- "Agent" refers to any autonomous or semi-autonomous artificial intelligence software agent operating on or through the Product.
2. Acceptance of Terms
By accessing the Company's website, placing an order, or utilizing the Product or any associated Services, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree with any provision herein, you must immediately discontinue use of the Product and Services.
The Company reserves the unilateral right to amend, modify, or supplement these Terms at any time. Such modifications shall become effective upon publication on this page. Continued use of the Product or Services following publication constitutes your acceptance of the revised Terms.
3. Eligibility and Capacity
The Product and Services are intended exclusively for users who are at least eighteen (18) years of age and who possess the legal capacity to enter into binding contracts under applicable law. By agreeing to these Terms, you represent and warrant that you meet such eligibility requirements.
4. Product Description and Specifications
MIKY™ is an independent computing device engineered for the autonomous operation of AI agents. The Company endeavors to provide accurate descriptions, specifications, and imagery of the Product; however, the Company does not warrant that such descriptions are complete, reliable, current, or error-free.
The Company reserves the right to modify product specifications, features, and design without prior notice, provided that such modifications do not materially diminish the core functionality of the Product as advertised at the time of purchase.
5. Orders and Payment
5.1 Order Placement
All orders placed through the Company's website constitute an offer to purchase and are subject to acceptance by the Company. The Company reserves the right to refuse or cancel any order at its sole discretion, including but not limited to cases involving pricing errors, suspected fraud, or inventory limitations.
5.2 Pricing
All prices are quoted in the currency specified at the point of sale and are exclusive of applicable taxes, duties, and shipping charges unless otherwise expressly stated. The Company reserves the right to adjust pricing at any time prior to order confirmation.
5.3 Payment Terms
Payment is due in full at the time of order placement unless an alternative payment arrangement has been expressly agreed upon in writing. The Company accepts the payment methods specified on its website. All transactions are processed through PCI DSS-compliant payment processors.
5.4 Pre-order Reservation Program
The MIKY™ Limited Edition Pre-order Program allows Users to reserve one of the first one thousand (1,000) units under the following conditions:
- Pre-order tier (positions #1–#1000). A fully-refundable deposit of fifty euros (€50) is required to secure a reservation. The deposit is charged immediately via a PCI DSS-compliant payment processor (Stripe Payments Europe Ltd.).
5.5 Pre-order Deposit — Nature and Refund Conditions
The €50 pre-order deposit ("Deposit") constitutes a refundable advance intended to reserve a MIKY™ unit within the Limited Edition. It does not constitute a definitive contract of sale for the Product; the sale will be perfected only upon confirmation of the order at the final price, as described below.
- Right to full refund before purchase opening. Until the Company communicates the official opening of purchases, the User may request a full refund of the Deposit at any time and for any reason by writing to support@miky.ai. The refund shall be credited to the original payment method within fourteen (14) days of the request.
- Confirmation window of 7 days. Upon opening of purchases, the User will receive an email invitation to confirm the order at the price locked in at the time of reservation, as stated in the reservation confirmation email, inclusive of applicable VAT where due. The User shall have seven (7) calendar days from the date of dispatch of such email to confirm the order and complete payment of the balance. The Deposit shall be deducted from the final price upon confirmation.
- Failure to confirm. If the User fails to confirm within the 7-day window, the reservation lapses and the Deposit is refunded in full to the original payment method, with no request required from the User. The Company retains no amount.
- Consumer right of withdrawal. Consumer Users may exercise the statutory right of withdrawal pursuant to articles 52 et seq. of Italian Legislative Decree no. 206/2005 (Consumer Code) and applicable EU consumer protection law, within fourteen (14) days from delivery of the Product, obtaining a full refund. Until shipment, the Deposit remains refundable at any time on simple request.
- Data processing. Personal data collected in connection with the Pre-order are processed in accordance with Regulation (EU) 2016/679 (GDPR) and the Company's Privacy Policy. Payment is processed by Stripe Payments Europe Ltd.
6. Shipping and Delivery
Estimated delivery dates are provided for informational purposes only and do not constitute a binding commitment. The Company shall not be liable for any delays in delivery arising from circumstances beyond its reasonable control.
7. Intellectual Property
All intellectual property rights in and to the Product, Services, firmware, software, documentation, trade names, trademarks (including MIKY™), trade dress, patents, and any other proprietary materials are and shall remain the exclusive property of the Company and/or its licensors.
8. Autonomous Agent Operations
The Product is designed to facilitate the operation of autonomous AI agents. You acknowledge and agree that:
- You retain sole responsibility for the configuration, deployment, supervision, and actions of any Agents operating on or through the Product.
- The Company shall not be liable for any decisions, transactions, or actions undertaken by Agents.
- You are responsible for establishing appropriate operational parameters, spending limits, and safeguards for any Agent activity.
9. Limitation of Liability
To the maximum extent permitted by applicable law, the Company shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages.
10. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the Italian Republic. Any dispute arising out of or in connection with these Terms shall be submitted to the exclusive jurisdiction of the courts of Padova, Italy.
11. Contact Information
P49 Benefit Corporation Srl
VAT: 05756700281
Email: info@p49.ai