Legal
Términos delservicio.
El acuerdo detrás de una suscripción a HotelOS: qué ofrecemos, qué le pedimos y qué ocurre a la salida.
Este documento se ofrece en inglés. No publicamos traducciones de nuestros documentos legales; el texto en inglés es la versión vinculante.
This agreement
These Terms of Service govern access to the HotelOS platform, operated by Island Inventions Inc., a Delaware corporation with its principal place of business in San Francisco, California ("HotelOS", "we", "us"). By creating an account, signing an order form, or using the platform, you agree to them on behalf of the organisation you represent ("Customer", "you"), and you confirm you are authorised to do so.
Where a signed order form or master agreement exists between us, it prevails over these terms to the extent of any conflict.
The services
HotelOS is an operating layer for hotels, delivered as a subscription. It currently comprises six products, which may be licensed together or separately:
- Desk — front office and guest operations.
- Flow — housekeeping and maintenance.
- Clarity — financial reporting and analysis.
- Command — group oversight across properties.
- Calm Kitchen — food and beverage operations.
- On hand — the mobile surface for staff on the floor.
We improve the platform continuously and may add, change or retire individual features. We will not materially reduce the core functionality of a product you are paying for during a paid term without offering you a refund of the unused portion.
Accounts and access
You are responsible for the accounts created under your workspace, for keeping credentials confidential, and for everything done through them. Accounts are personal to a named individual and must not be shared. Tell us at [email protected] as soon as you suspect unauthorised access.
You must be at least 18 years old and legally able to enter a contract. You may not use the platform if we are barred from supplying you under applicable sanctions or export law.
Acceptable use
You agree not to:
- Use the platform in breach of any law, or in breach of the privacy, data-protection or consumer rights of your guests or staff.
- Upload material you have no right to upload, or malicious code.
- Probe, scan, load-test or attempt to circumvent the platform's security or access controls, except under a penetration test we have agreed to in writing. Good-faith security research reported under our disclosure policy is welcome — see /trust.
- Resell, sublicense, or provide the platform as a service to a third party outside your own hotel operations, unless your order form says otherwise.
- Reverse engineer the platform, or use it to build a competing product.
- Interfere with other customers' use, or place a load on shared infrastructure that degrades it for others.
If use of your workspace threatens the security, integrity or availability of the platform, we may suspend the offending access immediately and tell you why. We restore access as soon as the cause is resolved.
Your data stays yours
You own the data you put into the platform and everything generated from it in the course of your operations. We claim no ownership over it. We use it only to provide and support the services, to keep them secure, and as your documented instructions require.
We do not use your data, or your guests' data, to train machine-learning models. Where the platform's AI features call a model provider, they do so under contractual terms that prohibit training on the content sent to them.
We may generate aggregated, de-identified statistics about platform usage that cannot reasonably be linked back to you, your staff or your guests, and use them to operate and improve the platform.
Where we process personal data on your behalf, the Data Processing Agreement at /legal/dpa applies and forms part of this contract.
Fees, billing and taxes
Fees are set out in your order form; the published tiers and what they include are at /pricing. Unless the order form says otherwise, subscriptions are billed in advance, fees are non-refundable except where these terms expressly say so, and amounts are exclusive of taxes, which you are responsible for.
We may change list prices with at least 60 days' notice before your renewal date. Usage-based allowances, including the AI allowance, and the ceiling that caps them are described on the pricing page and in your order form. Invoices unpaid 30 days after their due date may lead to suspension, after we have told you and given you a chance to fix it.
Availability and support
We aim for continuous availability and publish live and historical status at status.hotelos.ai. Where your order form includes a service level agreement, that document sets the committed target and the remedy for missing it; absent one, the platform is provided on a commercially reasonable efforts basis.
Planned maintenance is announced in advance and scheduled outside peak hotel operating hours wherever we can. Emergency maintenance may occur without notice where security or integrity requires it.
Beta and early-access features
Features marked beta, preview or early access are offered as-is, may change or disappear, and carry no availability commitment. Use them where they help, but do not build a critical process on one without talking to us first.
Third-party systems
The platform connects to systems you already run — property management, payment, accounting and messaging services among them. Those connections are made at your instruction and using your credentials. We are not responsible for a third-party system's availability, accuracy or terms, and a change they make may break an integration. We fix what we can and tell you promptly when we cannot.
Intellectual property and feedback
We retain all rights in the platform, its software, design and documentation. You get a non-exclusive, non-transferable right to use it for your own hotel operations during your subscription. If you send us feedback or ideas, we may use them freely to improve the platform, with no obligation and no claim by you over the result.
Term, termination and getting your data out
The agreement runs for the term in your order form and renews for equal periods unless either of us gives notice before the renewal date. Either party may terminate for material breach that stays unfixed 30 days after written notice, or immediately on the other's insolvency.
On termination your access ends, but your data does not vanish with it. For 30 days after termination we keep your workspace data available for export in open, machine-readable formats — CSV or Parquet for records, and API access for bulk retrieval. We will help with a structured export at no charge. After that window we delete it in line with the DPA, and confirm the deletion in writing if you ask.
There is no exit fee and no hostage-taking of your data. That is a deliberate commitment, not a courtesy.
Warranties and disclaimers
We warrant that we will provide the platform with reasonable skill and care, that it will materially conform to its documentation, and that we will not knowingly introduce malicious code. Beyond those warranties and any others your order form contains, and to the fullest extent the law permits, the platform is provided "as is" and we disclaim implied warranties of merchantability, fitness for a particular purpose and non-infringement.
The platform supports your decisions; it does not replace your judgement. Financial figures, forecasts and AI-generated suggestions are working material to be checked, not statements of account or professional advice.
Limitation of liability
Neither party is liable for indirect, incidental, special or consequential loss, or for lost profits, revenue, goodwill or anticipated savings, however caused. Each party's total aggregate liability arising out of the agreement is limited to the fees paid or payable by you in the 12 months before the event giving rise to the claim.
Nothing in this section limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, for a party's indemnification obligations, for your obligation to pay fees, or for anything else that cannot be limited under the applicable law.
Indemnification
We will defend you against a third-party claim that the platform, used as permitted, infringes that party's intellectual property, and pay the damages finally awarded. You will defend us against a third-party claim arising from data you put into the platform, or from your use of it in breach of these terms, and pay the damages finally awarded. In both cases the indemnified party must give prompt notice, let the other control the defence, and cooperate reasonably.
Governing law and venue
These terms are governed by the laws of the State of California, USA, without regard to its conflict-of-laws rules. The state and federal courts located in San Francisco County, California have exclusive jurisdiction, and both parties consent to that venue. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Nothing here prevents either party from seeking injunctive relief in any competent court to protect its intellectual property or confidential information.
Changes to these terms
We may update these terms. For material changes we email account owners at least 30 days before they take effect. If a change materially harms you and we cannot agree on a fix, you may terminate before it takes effect and receive a refund of fees paid for the unused portion of your term.
General
Neither party may assign the agreement without the other's consent, except to a successor of substantially all of its business. Notices to us go to [email protected] and to you at your account owner's address. If a provision is held unenforceable, the rest survives. A failure to enforce a right is not a waiver of it. Neither party is liable for delay caused by events genuinely beyond its control. The agreement, your order form and the documents it references are the entire agreement between us.
Contact
Island Inventions Inc., San Francisco, California, USA. Contract and commercial questions: [email protected]. Data protection: [email protected]. Security: [email protected].
Otros documentos legales
¿Preguntas sobre este documento?
Las consultas sobre protección de datos y contratos las responde una persona, no una cola de tickets. Escríbanos y contestamos en un día hábil.