ALiSiO Terms of Service
Version 1.0 · effective {{EFFECTIVE_DATE}}
These Terms of Service ("Terms") govern the use of the ALiSiO hotel management software as a service ("Service") provided by {{PROVIDER_NAME}}, {{PROVIDER_ADDRESS}}, company ID {{PROVIDER_ID}}, registered with {{PROVIDER_REGISTER}} ("Provider", "we"). They apply to every organization that uses the Service ("Customer", "you").
1. Scope and who may use the Service
1.1 The Service is offered exclusively to businesses (entrepreneurs acting in the course of their trade, business or profession). It is not offered to consumers.
1.2 These Terms apply together with the documents listed in Section 17 (Order of precedence), in particular the Data Processing Agreement. Terms and conditions of the Customer do not apply, even if we do not object to them.
2. Definitions
- Account: the Customer's organization in the Service, with one or more properties.
- Users: persons the Customer authorizes to use the Account (for example owners, managers, receptionists).
- Customer Data: all data the Customer or its Users enter into, or import to, the Service, including personal data of guests ("Guest Data").
- Modules: optional functions of the Service that are switched on per Account or property (for example channel manager, guest page, kiosk, fiscal or accounting modules for a specific country).
- Order: the order form, offer or online selection by which the Customer chooses a plan, Modules and fees.
- Documentation: the descriptions and help texts we make available for the Service.
3. Conclusion of the contract
3.1 The contract is concluded when the Customer signs an Order or, at activation of the Account, a User with owner rights accepts these Terms and the Data Processing Agreement by clicking the acceptance button. The User accepting confirms that they are authorized to bind the Customer.
3.2 We record the acceptance (document, version, date and time, User, IP address). The Customer can view the accepted versions in the Account at any time.
4. The Service
4.1 The Service is a cloud-based property management system: reservations, room plan, guest registration, folios and invoices, payment recording, guest communication, reports and the Modules the Customer activates. The functions available to the Customer follow from the Order and the Documentation.
4.2 We operate the Service in data centres in the European Union. We make daily backups and test their restoration.
4.3 We aim for high availability but, unless a service level has been agreed in the Order, do not guarantee a specific availability. Planned maintenance is carried out, where possible, outside the usual reception hours of the Customer's time zone and announced in advance where it is expected to interrupt the Service noticeably.
4.4 We develop the Service continuously. We may change, replace or remove functions if the essential functions agreed in the Order remain available in comparable quality. We announce the removal of a function the Customer actively uses at least 30 days in advance, unless the removal is required for legal or security reasons.
4.5 The Service provides tools. The Customer remains responsible for complying with the legal obligations of its business, in particular accommodation registration duties, tourist or city taxes, invoicing, tax and accounting rules and fiscal or cash-register law of its country. Where a Module supports such obligations, the Customer checks that its settings are correct for its business.
5. Customer obligations
5.1 The Customer uses the Service only for lawful purposes and in accordance with the Documentation.
5.2 The Customer ensures that it has a legal basis for processing the personal data it enters into the Service and that it informs guests and other data subjects as required by law. A template privacy notice for guests is available in the Service.
5.3 The Customer keeps login credentials confidential, gives Users only the rights they need, and removes Users who no longer work for it. The Customer informs us without delay if it suspects misuse of the Account.
5.4 The Customer keeps a valid notification email address in the Account settings. We send legal and security notices, including notices of changes under Section 14, to this address. By default it is the email address of the Account owner.
5.5 The Customer does not enter special categories of personal data (for example health data) into free-text fields unless this is necessary and lawful for its business.
6. Third-party services and integrations
6.1 Some Modules connect the Service with third parties chosen by the Customer, such as online travel agencies, payment service providers, channel managers or messaging services. Where the Customer has its own contract with such a third party, that contract governs the third party's services; the third party is not our subcontractor.
6.2 Subcontractors we engage to provide the Service are listed on the subprocessor page referred to in the Data Processing Agreement.
7. Fees and payment
7.1 Fees follow from the Order or the price list valid at the time of the Order. All fees are net of VAT, which is added where applicable.
7.2 Invoices are payable within 14 days unless the Order states otherwise. If the Customer is more than 30 days in arrears, we may suspend access after a written reminder with at least 14 days' notice; Customer Data remains preserved during a suspension.
7.3 We may adjust fees for future billing periods by notifying the Customer at least 60 days in advance. The Customer may terminate the contract with effect from the date the new fees apply.
8. Data protection
8.1 For Customer Data that contains personal data, we act as processor on behalf of the Customer. The Data Processing Agreement (DPA), including its annexes on technical and organizational measures and subprocessors, forms part of these Terms.
8.2 For our own purposes — managing the contract, Users' logins, support, billing, security of the Service and our own marketing — we act as controller. Details are in our Privacy Policy.
9. Confidentiality
Each party keeps confidential the non-public information it receives from the other party and uses it only to perform the contract. This obligation survives the end of the contract for three years; for personal data and trade secrets it applies without time limit.
10. Rights of use and Customer Data
10.1 For the term of the contract we grant the Customer a non-exclusive, non-transferable right to use the Service for its own business within the scope of the Order. The Customer may not copy, decompile or resell the Service or make it available to third parties other than its Users.
10.2 The Customer Data remains the Customer's. We use it only to provide the Service in accordance with the DPA. We may use aggregated data that does not relate to the Customer or to any identifiable person to operate, secure and improve the Service.
10.3 Suggestions the Customer makes for the Service may be used by us without obligation.
11. Warranty
11.1 We ensure that the Service essentially provides the functions described in the Order and the Documentation. We remedy defects within a reasonable time after being notified in text form with a description of the defect.
11.2 Claims for defects do not apply where the defect results from use contrary to the Documentation, from Customer settings, or from third-party services under Section 6.1.
12. Liability
12.1 We are liable without limitation for damage caused intentionally or by gross negligence, for injury to life, body or health, under mandatory product liability law and to the extent a guarantee has been given.
12.2 In cases of slight negligence we are liable only for breach of an essential contractual obligation (an obligation whose fulfilment makes proper performance of the contract possible in the first place and on whose fulfilment the Customer regularly relies), limited to the damage typical and foreseeable at the time the contract was concluded, and in any event to the fees paid by the Customer in the 12 months before the damaging event.
12.3 For loss of data we are liable only to the extent of the effort that would have been necessary to restore the data from the backups we make.
12.4 Liability under Article 82 GDPR is governed by that provision; as between the parties, Sections 12.1 to 12.3 apply to the extent legally permissible.
13. Term and termination
13.1 The term follows from the Order. Unless the Order says otherwise, the contract runs for an indefinite period and may be terminated by either party with 30 days' notice to the end of a calendar month.
13.2 The right to terminate for good cause remains unaffected.
13.3 After the end of the contract the Customer may export its Customer Data for 30 days. We then delete the Customer Data in accordance with the DPA, unless the law requires us to keep it. Backups are overwritten in the regular backup cycle.
14. Changes to these Terms and to related documents
14.1 We may amend these Terms, the DPA and its annexes, the subprocessor list and the Privacy Policy (together, the "Legal Documents") for valid reasons, in particular changes in law or case law, new or changed functions, new subcontractors, security requirements or clarifications.
14.2 Every version of a Legal Document is published with a version number, its effective date and a summary of the changes. Previous versions remain available in an archive.
14.3 We notify the Customer of changes at least 30 days before they take effect, by email to the notification email address and by a notice in the Service. Changes to the subprocessor list follow the procedure in the DPA.
14.4 If a change is materially adverse to the Customer, the Customer may object in text form before the effective date. In that case the Customer may terminate the contract with effect from the effective date of the change; prepaid fees for the period after termination are refunded. If the Customer does not object and continues to use the Service after the effective date, the change is deemed accepted. We point out this consequence, the objection period and the right to terminate specifically in the notice.
14.5 Where a new version of the Terms or the DPA requires renewed acceptance, a User with owner rights confirms it in the Service. Until then the Service remains available; after the effective date access may be limited to the Account owner until the new version is accepted or the Customer has objected.
14.6 Changes that are required by law, by a court or authority, or to close a security risk, and changes that are purely editorial or exclusively favourable to the Customer, may take effect earlier. We notify the Customer of them without undue delay.
15. Notices
Notices under this contract are given in text form (email is sufficient). Notices to the Customer are sent to the notification email address; notices to us to {{LEGAL_EMAIL}}.
16. Final provisions
16.1 These Terms are governed by the law of the {{GOVERNING_LAW_COUNTRY}}, excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory data protection law remains unaffected.
16.2 Place of jurisdiction is {{JURISDICTION}}, provided the Customer is a merchant, a legal entity under public law or has no general place of jurisdiction in the European Union. We may also sue the Customer at its registered office.
16.3 Should any provision be invalid, the remaining provisions remain effective.
16.4 These Terms are available in several languages. In case of discrepancies the {{GOVERNING_LANGUAGE}} version prevails.
17. Order of precedence
In case of conflict the following order applies: (1) the Order, (2) the DPA for all matters of personal data protection, (3) these Terms, (4) the Documentation.