Terms of Service

Access to and use of the Services (as defined below) is subject exclusively to the following terms and conditions (“Terms of Service”).

By signing up for a Customer Account on hostifix.app, the Customer fully accepts these Terms of Service and the Privacy Policy (available at: https://hostifix.app/privacy/). If the Customer does not accept these Terms of Service including the Privacy Policy, the Customer must immediately stop using the Services. If the Customer nonetheless uses the Services, it will be deemed to have agreed to be bound by these Terms of Service and the Privacy Policy.

If you have any questions regarding these Terms of Service, please contact us at legal@hostifix.app.

Definitions
Customer account
Limitation of business activity
Use of the services
Trial period
Prohibited use
Fees, payments and refunds
Termination
Third-party services and accuracy of information
Disclaimer
Limitation of liability
Personal data
Intellectual property rights and customer content
Indemnity
Force majeure
Changes to the Terms of Service
Severance
Non-waiver
Notices
Assignment
Governing law and jurisdiction

1. Definitions

a) The term “Hostifix”, “we”, “us” or “our” refers to the operator of the Hostifix platform available at https://hostifix.app.

b) The term “hostifix.app” refers to our website at https://hostifix.app and related domains such as portal.hostifix.app and api.hostifix.app.

c) The term “Services” refers to all services provided by Hostifix from time to time, including but not limited to reservation and calendar management, guest communication and AI-assisted email inbox features, digital check-in, guest websites and booking pages, guest and document management features, and related support tools.

d) The term “Customer” refers to either: (a) the person who registers for a Customer Account on their own behalf; or (b) the organization, where the person registers for a Customer Account on behalf of an organization.

e) The term “Customer Account” refers to the account which the Customer creates in order to access and use the Services.

f) The term “Customer Website” refers to any website, booking page, or guest-facing page created or published by the Customer using our Services, including a permitted subdomain of hostifix.app.

g) The term “Property” refers to any form of accommodation or rental space that is managed by the Customer using the Services.

h) The term “Content” means text, graphics, images, music, software, audio, video, information or any other form of data.

i) The term “Customer Content” refers to Content provided by the Customer as part of using the Services, including information about a Property’s amenities, suitability, pricing or availability.

j) The term “Contract Term” means the period during which the Customer is subscribed to receive the Services and comprises the Initial Term and any Subsequent Term.

k) The term “Subscription Fee” means the fee payable for the Customer’s chosen subscription plan.

l) The term “Initial Term” has the meaning given to it in clause 7.

m) The term “Subsequent Term” means each auto-renewed term under the Customer’s contract after the Initial Term has elapsed.

n) The term “Consumer” means an individual acting for purposes that are wholly or mainly outside that individual’s trade, business, craft or profession.

o) The term “Third-Party Services” refers to any external platform, marketplace, service, or integration that is not owned, operated, or controlled by us, including email providers, payment processors, analytics providers, and AI providers connected or integrated with our Services.

2. Customer Account

a) To access and use the Services, the Customer must create a Customer Account with us. The Customer may be required to provide certain information (such as name, address, mobile phone number and email address) as part of the registration process, or as part of its continued use of the Services. The Customer agrees to provide and maintain true, accurate, current and complete information at all times.

b) Where the Customer is an organization, the person signing up for a Customer Account on its behalf warrants that they have the authority to bind the organization to these Terms of Service.

c) The Customer, if an individual, must be at least 18 years of age to be eligible to use the Services.

d) The Customer is responsible for maintaining the confidentiality of its Customer Account, and shall not disclose its password to any third party. The Customer agrees to notify us immediately of any unauthorized use of a Customer Account or any other breach of security.

e) The Customer is responsible for all activities that occur, and Content that is transmitted, under its Customer Account.

f) The Customer is the primary account holder and will remain the official owner of the account for all purposes. The Customer has exclusive authority to manage the account, including creating, authorizing, modifying, and removing additional user accounts (“Account Users”).

The Customer is fully responsible for:

ensuring that all Account Users comply with these Terms and any applicable policies;
all actions taken by Account Users within the account;
maintaining accurate contact, profile, and billing information; and
in the case the Customer is an organization, ensuring that all primary account information remains accurate and up to date.

Account Users acknowledge that the Customer may access, view, restrict, or revoke their permissions at any time. Hostifix will not be liable for any actions taken by the Customer that affect Account Users’ access or data.

For the avoidance of doubt, Hostifix will treat the Customer as the sole and authoritative account owner for matters including billing, support requests, data access, account transfers, and data portability.

3. Limitation of Business Activity

a) We do not own or manage Properties and we do not act as real estate agents or travel agents for our Customers or their guests. We only provide software that allows Customers to manage Properties, reservations, guest communication, check-in, and related operations. We do not take part in, or responsibility for, any rental transactions, booking arrangements or any property management issues. We are not a party to any rental contract. We are not liable for the acts or omissions of Third-Party Services, guests, or other third parties.

b) The Customer acknowledges that (with the exception of Customer Content that is Account Data as defined in clause 12) Hostifix has no obligation to store, maintain or provide the Customer with a copy of any Customer Content. It is the Customer’s sole responsibility to back up its Content. See our Privacy Policy at https://hostifix.app/privacy/ for more information about our treatment of personal data.

c) The Customer is solely responsible for the operation of the Customer Website and the business conducted in relation to the Properties, including statements and representations about the Properties, interactions with guests, and any content posted to or transmitted via the Customer Website.

d) The Customer further acknowledges that we have no control over Content transmitted on the Customer Website or via Third-Party Services and do not monitor or review such Content, except where required by law or necessary for security and abuse prevention.

e) The Customer shall ensure that the scope of our role as described in this clause 3 is clearly communicated to users of its Customer Website and that no statement made on the Customer Website misrepresents our role.

f) The Customer is liable for the Property and the condition of the Property and for any claims that guests or other third parties might make against us related to the Property or the condition of the Property.

4. Use of the Services

a) The Customer agrees to access and use the Services only to manage Properties for rent and related guest operations. Any other use of the Services is expressly prohibited unless we agree otherwise in writing.

b) The Customer agrees to comply with all applicable laws and regulations with respect to its activities under these Terms of Service, including hospitality, tourism tax, registration, and data protection requirements applicable to the Customer’s business.

c) The Customer shall own all right, title and interest in and to the Customer Content and Content uploaded by the Customer’s users, and shall have the sole responsibility for the legality, reliability, integrity, accuracy and quality of such Content.

d) The Customer warrants that it will provide and maintain correct and up-to-date information about the state, features, price, and availability of the Properties, and not to mislead guests about the same.

e) The Customer is solely responsible for ensuring that the Customer Website complies with applicable law and for drafting, displaying and enforcing the terms of use and privacy policy for the Customer Website and for guest check-in and guest data collection flows operated by the Customer.

f) If the Customer operates in a similar business to ours, we reserve the right to refuse to provide our Services and to terminate these Terms of Service immediately without notice.

g) We may modify, replace, refuse access to, suspend or discontinue the Services, partially or entirely, at any time and at our sole discretion, subject to applicable mandatory consumer protection law.

h) Hostifix may, from time to time, conduct tests, trials, pilots, or experiments related to its Services, including new or modified features, subscription plans, pricing models, fees, or user experiences (“Experiments”). Eligibility may be limited to specific regions, currencies, Customer segments, or new or prospective Customers. The applicable plans, prices, and key characteristics are those clearly presented to the Customer before the Customer enters into a contract at registration or checkout.

5. Trial Period

a) Customers that use the Services within a free trial period acknowledge and agree that the Services will, or may, automatically cease to operate at the end of the trial period if the Customer has not at that time paid the applicable Fees.

b) During the free trial period, we may terminate our contract with the Customer at any time and for any reason by giving notice to the Customer.

c) Without limiting clause 3(b), we reserve the right to delete any Content stored by us in relation to an expired trial period, without liability to the Customer.

6. Prohibited Use

a) The Customer shall not:

license, sell, rent, lease, transfer, assign, distribute, display, disclose or otherwise commercially exploit, or otherwise make the Services available to any third party except as expressly permitted;
access all or any part of the Services in order to build a product or service which competes with the Services;
attempt to copy, modify, create derivative works of, display, transmit or distribute all or any part of the software applications used by us as part of the Services (except as may be allowed by any applicable law incapable of exclusion); or
attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the software applications used by us as part of the Services (except as may be allowed by any applicable law incapable of exclusion).

b) Except where expressly otherwise permitted in these Terms of Service, the Customer is prohibited from:

using or accessing hostifix.app and the Services in a manner that unfavorably affects their performance or proper functioning, or any computer systems or networks used by them;
impersonating anyone, or misrepresenting affiliation with any person, or forging headers or manipulating identifiers so as to disguise the origin of content transmitted through the Services;
using, displaying, mirroring or framing hostifix.app, or any individual element within hostifix.app or the Services, Hostifix’s name, any Hostifix trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without our express written consent;
using any robot, spider, other automatic device or manual process to monitor, download, copy or keep a database copy of the Customer Content and Content made available through the Services and hostifix.app, except for ordinary use of the Services;
sending any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other forms of solicitation.

c) The Customer agrees not to post, upload, publish, submit or transmit any Customer Content that:

infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
is fraudulent, false, misleading, deceptive, defamatory, obscene, pornographic, vulgar or offensive;
promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
is violent or threatening or promotes violence or actions that are threatening to any person or entity; or
promotes illegal or harmful activities or substances.

d) The Customer agrees not to display any behavior towards any of our employees, directors, officers, agents and representatives that:

violates any applicable law or regulation or would give rise to civil liability;
is inappropriate, defamatory, obscene, pornographic, vulgar, offensive or otherwise detrimental;
promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
is violent or threatening.

e) We reserve the right to withhold, remove and/or delete any Customer Content, with or without notice, where we reasonably suspect that such Customer Content breaches these Terms of Service, and the Customer shall indemnify us against all damages, losses and expenses arising as a result of any action or claim that the Customer Content breaches these Terms of Service.

7. Fees, Payments and Refunds

a) Subject to clause 5 (Trial Period), our Services are provided for the fees described for each subscription plan on https://hostifix.app/#pricing (collectively, “Fees”), and the Customer is liable for such Fees. Fees are exclusive of value-added tax unless stated otherwise. The Fees described for each subscription plan apply to new Customers or existing Customers who change subscription plans but may not reflect the Fees payable by existing Customers on legacy plans.

b) We reserve the right to change these Fees and introduce new charges in connection with the Services at any time, upon at least 30 days’ prior notice to the Customer, which notice may be provided by e-mail to the email address associated with the Customer Account. Fee changes will take effect in the Customer’s Subsequent Term.

c) The Customer may subscribe to a monthly or yearly term with us (the “Initial Term”) and payment of the Subscription Fee (where applicable) must be made in advance. The Services will be available to the Customer immediately after we have received the payment of the Subscription Fee (where applicable), or when the Customer has completed the subscription process where no Subscription Fee is payable for the chosen plan.

d) The Customer can opt to upgrade or downgrade the Services to any other subscription plan that we are offering for sale at any time during the Contract Term. In the event of a subscription plan upgrade or downgrade, the new Subscription Fee will be immediately payable as presented at the time of the change, and may be pro-rated for the remaining part of the Initial Term or Subsequent Term.

e) The Initial Term (and any Subsequent Term) will automatically renew for a Subsequent Term until and unless explicitly canceled by the Customer. The Customer acknowledges that we will not necessarily send a separate renewal reminder before the Initial Term or Subsequent Term is renewed and that it is the Customer’s responsibility to cancel the contract with us if the Customer no longer wishes to receive the Services. Cancellation must be issued via the Customer Account or by contacting us at legal@hostifix.app. Any cancellation via the Customer Account must be done at least one (1) day prior to the end of the Contract Term. Any cancellation issued via email must be done five (5) days prior to the end of the Contract Term to allow for adequate processing time.

Where the Customer is a Consumer, a fourteen (14)-day cooling-off period may apply under applicable consumer law (the “Cooling-off Period”), during which the Customer may be entitled to a refund of the Subscription Fee, subject to applicable law and any lawful deductions for services already provided where the Customer expressly requested early performance.

f) Services canceled at the Customer’s request prior to the completion of the Contract Term are not subject to a refund, except where mandatory law requires otherwise.

g) If the Customer fails to comply with any of the provisions of these Terms of Service and we terminate the Services prior to the completion of the Contract Term, we will not refund any Fees, except where mandatory law requires otherwise.

h) The Customer agrees to us, or our third-party payment providers, storing the Customer’s payment method information and charging that payment method for applicable Fees and taxes. If the payment method expires or fails and the Customer does not provide a new payment method or cancel the Customer Account, we may, without liability to the Customer, disable the Customer Account and access to all or part of the Services until payment is made.

i) All Fees shall be paid in euros unless we expressly offer another currency.

j) In the event that Hostifix offers any promo or discount code, the granting and utilization thereof may be contingent upon the Customer refraining from changing aspects of their subscription. Any modification to the number of properties, plan name or billing recurrence may result in the automatic loss of the discount.

8. Termination

a) Our contract with the Customer shall commence on the date the Customer creates a Customer Account and shall continue until terminated in accordance with this clause 8.

b) Our contract with the Customer may be terminated by the Customer, without cause, by following the cancellation procedures set forth in clause 7(e).

c) Our contract with the Customer may be terminated by us, without cause, at any time upon one month’s notice to the Customer.

d) Our contract with the Customer may be terminated by us at any time, upon notice to the Customer (including via email), if:

the Customer fails to comply with any of the provisions of these Terms of Service;
the Customer fails to pay any Fee when it becomes due and fails to make payment within 30 days of the date the Fee became due;
the Services are discontinued; or
we lose the right to provide the Customer with the Services or where the provision of the Services or a particular Service becomes unlawful.

e) Upon termination:

the Customer shall immediately cease use of the Services;
the Customer acknowledges we have the right to delete all data, files, or other information that is stored in the Customer’s Account after a reasonable retention period, subject to our Privacy Policy and legal retention obligations;
we reserve the right to request payment for outstanding, properly incurred Fees; and
any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination shall not be affected.

9. Third-Party Services and Accuracy of Information

a) The Services may contain links to, or integrations with, Third-Party Services that are controlled and maintained by others. The Customer accesses such Third-Party Services at its own risk. We make no representation and shall have no liability in relation to the content or use of, or correspondence with, any such Third-Party Service, or any transaction completed with any such third party.

b) The Services may rely on information and data held by third-party sources (“Third Party Sources”), including email providers and AI providers. We are not responsible or liable for the availability or accuracy of such Third Party Sources. We cannot be responsible for the accuracy of information that is input into the Services or data we receive from Third Party Sources.

c) To the fullest extent permitted by law, we do not accept responsibility or liability for: (a) the inputting of information by Customer; (b) the accuracy, quality and integrity of data retrieved from Third Party Sources; and (c) back-ups of Customer’s account information or any other data, except for Account Data where we are the data controller as described in clause 12.

10. Disclaimer

a) The Customer acknowledges that the Services have not been developed to meet its individual requirements and that it is the Customer’s responsibility to ensure that the facilities and functions of the Services meet the Customer’s requirements.

b) We are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the Services may be subject to limitations, delays and other problems inherent in the use of such communications facilities.

c) The Services and hostifix.app are provided on an “AS IS”, “AS AVAILABLE” basis, to the fullest extent permitted by law. Unless otherwise specified, we cannot guarantee and do not promise any specific results from use of the Services.

d) We make no warranty that the functionality of the Services will be uninterrupted or error-free, that defects will be corrected or that the Services or the servers that make them available are free of viruses or anything else which may be harmful or destructive.

e) The Customer acknowledges that, as is the case with software of this nature and while we do everything we can to prevent this, we cannot rule out that the Services may from time to time experience bugs and in these situations, the Customer may lose potential bookings or obtain overbookings. The Customer agrees that we are not responsible for refunding the cost of any lost potential booking or overbooking. We will use reasonable endeavours to repair any bugs that the Customer notifies us of.

f) We make no warranty that the Customer Content will not be lost or corrupted and, with the exception of Customer Content which is Account Data, we shall not be responsible for any loss, destruction, alteration, unauthorized disclosure or corruption of Customer Content. See our Privacy Policy for more information about our treatment of personal data.

g) Except as expressly stated in these Terms of Service, to the fullest extent permitted by law, all other warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are excluded from these Terms of Service.

h) Customer further acknowledges and agrees that it is not acting upon the advice or direction of Hostifix regarding rental contracts, tourism tax filings, guest registration obligations, or other legal or tax matters. Hostifix does not provide legal, tax, or accounting advice.

11. Limitation of Liability

a) Nothing in these Terms of Service excludes our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability which cannot be excluded or limited by law.

b) Subject to clause 11(a), we will not be liable, whether in tort (including negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any:

loss of profits,
loss of business,
depletion of goodwill,
loss or corruption of data or information, or
any indirect, special, incidental or consequential loss or damage,

arising out of or in connection with the Customer’s use of the Services.

c) Subject to clause 11(a), our total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Services shall be limited to the total Fees paid by the Customer during the 12-month period immediately preceding the date on which the claim arose.

12. Personal Data

a) The Customer acknowledges that:

the Customer shall be the data controller and we shall be a data processor in respect of any personal data which we process on the Customer’s behalf when performing the Services (“Service Data”); and
we shall be the data controller in respect of any personal data submitted or collected in association with the Customer Account (“Account Data”).

b) With regards to Service Data:

the Customer shall ensure that the Customer is entitled to transfer the relevant personal data to us so that we may lawfully use, process and transfer the personal data in accordance with these Terms of Service on the Customer’s behalf;
the Customer shall ensure that the relevant individuals have been informed of, and where required have given their consent to, such use, processing, and transfer as required by all applicable data protection legislation;
we shall process the personal data only in accordance with these Terms of Service, our Privacy Policy (available at https://hostifix.app/privacy/), and any lawful instructions reasonably given by the Customer from time to time.

c) With regards to Account Data, our Privacy Policy sets out the terms on which we process personal data and which are hereby incorporated into these Terms of Service.

13. Intellectual Property Rights and Customer Content

a) The Customer acknowledges and agrees that Hostifix and/or its licensors own all intellectual property rights in the Services and the logo, design, material and software on hostifix.app. Except as expressly stated herein, this agreement does not grant the Customer any rights to or in patents, copyright, database rights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licenses in respect of the Services.

b) The Customer represents and warrants that it is the owner or permitted licensee of the Customer Content, including all intellectual property rights consisting in it, and agrees to indemnify us immediately on demand against any cost, loss or liability which we may incur by reason of the Customer’s breach of that warranty.

c) The Customer grants us the following limited license with respect to the Customer Content: a worldwide, irrevocable for the Contract Term (and a reasonable wind-down period thereafter), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such Customer Content only in connection with the provision of the Services and optimization of the Customer Website.

14. Indemnity

The Customer agrees to indemnify and hold Hostifix and its directors and employees harmless from and against all claims, actions, proceedings, liabilities, damages, losses, expenses and costs (including without limitation court costs and reasonable legal fees) which arise from, relate to, or are connected with the Customer’s use of the Services, except to the extent caused by our willful misconduct or gross negligence.

15. Force Majeure

a) We shall not be liable to the Customer for any breach or delay of the performance of our obligations under these Terms of Service where such breach or delay is caused by an event outside of our control.

b) We will take reasonable steps to minimize the effect of the delay or breach.

16. Changes to the Terms of Service

We reserve the right to change these Terms of Service at any time and, where appropriate, upon giving the Customer notice via email to the email address associated with the Customer Account in advance. We advise the Customer to review these Terms of Service on a regular basis in case of any changes. The Customer’s continued use of the Services following any changes shall be deemed to be the Customer’s acceptance of such changes, subject to mandatory consumer protection law.

17. Severance

If any of the provisions or part provisions contained in these Terms of Service should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such provision or part-provision shall be severed, and the remaining provisions and part provisions shall survive and remain in full force and effect and continue to be binding and enforceable.

18. Non-Waiver

Our failure to enforce at any time or for any period any one or more of the provisions of these Terms of Service shall not be a waiver of them or the rights attaching to any of them.

19. Notices

Unless specified otherwise, any notices or other communications to the Customer permitted or required under these Terms of Service will be provided electronically and given by Hostifix via email, in-product notification, messaging service (including SMS) and any other contact method we enable and you provide.

20. Assignment

a) The Customer shall not, without our prior written consent, assign, transfer, charge, sub-contract or deal in any manner with any or all of its rights or obligations under this agreement.

b) We may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under this agreement.

21. Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) are governed by the laws of Austria. The courts of Vienna, Austria shall have exclusive jurisdiction, unless mandatory consumer protection law provides otherwise for Consumers.