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Terms of service – Hotel Application

Terms of Service

  These Terms apply to all Hotel Application products. Our main product is Hotel Application – an innovative platform that enables clients (“Clients”) to create and manage event-related mobile applications (“App” or “Apps”). Clients in turn make the Apps available to their customers (“End Users”) for use. We offer products, software, services, and websites, including our Apps (the “Service” or “Services”) to you, the “User”, which are conditioned on your agreement to adhere to the following Terms of Service without modification of any kind. This document explains how the agreement is made up and sets out some of the terms of that agreement. Terms are subject to change at any time, without prior notice. Any changes that are made to these Terms of Service will not apply retroactively and will not apply to events occurring before the change is published. These Terms of Service apply to all visitors and all who access our Services unless otherwise agreed by email / in written form. Tully respect the privacy and security of our Users, For additional information our data protection practices, please read Privacy Policy. By connecting with a third-party service (e.g., Facebook, Twitter, LinkedIn, Google+), you give us express permission to access and use your information from that service as permitted by that third-party service, as stated in our Acceptable Use Policy. Disclaimers and Limitations We intend that the information contained in our Service be accurate and reliable; however, errors sometimes occur. From time to time, we may issue an update to the Service which may add, modify, and/or remove features from the Service. These updates may be launched
automatically with no notice, although we may make reasonable efforts to notify you in advance of an upcoming update. THE SERVICE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED “AS IS.” WE AND/OR OUR SUPPLIERS, LICENSORS, PARTNERS AND AFFILIATES DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE SERVICE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF OUR SERVICE IS AT YOUR OWN RISK. WE DISCLAIM ANY WARRANTY REGARDING THE PROFITABILITY OF TRANSACTIONS EXECUTED ON THE SERVICE OR THE RESULTS TO BE OBTAINED FROM THE USE OF THE INFORMATION ON THE SERVICE, AND INFORMATION ON THE SERVICE IS NOT INTENDED TO PROVIDE LEGAL, FINANCIAL, ACCOUNTING, TAX OR OTHER ADVICE, AND SHOULD NOT BE RELIED UPON AS PROFESSIONAL ADVICE. Limitation of liability WE ARE NOT LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES (COLLECTIVELY, THE “DAMAGES”), ARISING OUT OF YOUR USE OR INABILITY TO USE THE SERVICE. THIS PROVISION ENTITLED “LIMITATION OF LIABILITY” APPLIES REGARDLESS OF: (A) OUR NEGLIGENCE; (B) OUR GROSS NEGLIGENCE; (C) ANY FAILURE OF AN ESSENTIAL PURPOSE; AND (D) WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THIS PROVISION ENTITLED “LIMITATION OF LIABILITY” APPLIES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. WE ARE NOT RESPONSIBLE AND NOT LIABLE FOR ANY INFORMATION, PRODUCTS, OR SERVICES PROVIDED BY OTHER WEB SITES THAT LINK TO OR FROM THE SERVICE. WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR DELAYS OR OTHER TECHNICAL PROBLEMS BEYOND OUR REASONABLE CONTROL. TERMINATION AND CANCELLATION You are solely responsible for canceling your subscription. Cancellation requests must be submitted by email to Hotel Application from the email address registered on your account. Phone cancellations will not be considered. If you cancel a subscription, we will still provide access to your account as well as basic account functions during the subscription term. For example, if you subscribed to a one-event app on April 1st and then cancelled the subscription on October 1st, you would still have access to the information for the App through March 31st. If you desire to cancel your entire account, please contact us at Hotel Application. You may also delete individual Apps, in which case underlying app data may not be recoverable. Without limiting the foregoing, we shall have the right to immediately terminate these Terms of Use, as to you, by terminating your access to the Services, for our convenience, for any reason or no reason, or for any breach by you of these Terms of Use or a violation of the rights or another User or the applicable law. You may unsubscribe from any further communication from us at any time by delivering a written notice addressed to Hotel Application.

1. Registration

In connection with your use of the Service, you agree and represent as follows: You are of legal age (at least 13 years of age) and are otherwise capable of forming a legally binding contract. You have authority to bind the legal entity (hotel Application Client) with which you are associated. You expressly agree to be contacted via Email, SMS, text messaging and Push Notifications by us, and third parties, if relevant, regarding our Services. You hereby grant us permission to email you or display your profile and such other information as may be supplied by you for public display as you designate. By using the Service, you are granting us (and any service providers or Providers used by us) permission to access your account and those messages, data, information, text, graphics, audio, video or other material and content of any kind posted/uploaded/transmitted to or through the Service using your account, to process and submit said material to End Users. Except as set forth below, Hotel Application will use its registered developer account with each Provider and will be the sole publisher of your Applications with any mobile platform provider including, but not limited to, the Apple Inc. (“Apple”) App StoreTM and Google PlayTM – Mobile platform providers. You may use your own Account to self-publish an Application developed using our Web Site and/or Service with any such Providers only with prior written permission from Hotel Application, in which case additional fees may apply.

2. Payment and Refund Terms

We may offer you a free trial, but publishing an App at Hotel Application platform requires payment by wire transfer or any alternate methods, please contact Hotel Application support team, as exceptions may be made from time to time for an alternate method of payment with Hotel Application. We offer various Services: a)  The Light, Plus and Premium App Types are distributed in Hotel Application app platform. The App Types are subscribed upfront and are non-refundable. The Light, Plus and Premium App Types are provided on a per event basis. The underlying management and data tools are available for a period of one year. Also for a period of one year we give you license described in section 6. b)  The “Multievent” App is also subscribed upfront on an annual basis. Events may be purchased at any time and added to the App during the annual term. The Multievent App and its management and data tools are available for a period of one year. 3. There will be no refunds or credits for setup fees, partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open subscription or Account. All fees are exclusive of all taxes and you shall be responsible for payment of all such taxes, levies, or duties. Prices for the Service are subject to change upon 30 days’ notice. Such notice may be provided at any time by posting the changes to the Site or through the Service itself 4. We do not and cannot guarantee acceptance. If your Application is denied by the appropriate Provider, you will be notified.

3. Responsibility for User Content

We respect the rights of third party creators and content owners and expect that you will do the same. Given the nature of the Service and the volume of information submitted, we cannot and do not monitor all of the Materials (defined below) posted or transmitted by you and other third-party information providers via the Service. You expressly agree that we: (a) will not be liable for Materials and (b) reserve the right to review, reject, delete, remove, modify, or edit any Materials at any time for any reason, without liability and without notice to you. We reserve the right but are not obligated, to remove User Content from the Service for any reason, including User Content that we believe violates these Terms or our Acceptable Use Policy below.

4. Acceptable Use Policy

The following is a partial list of the kinds of activities that are prohibited on or through the Service: (a) submitting Materials that are patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) engaging in activities or submitting Materials that could be harmful to minors; (c) engaging in activity or submitting Materials that harasses or advocates harassment of another person; (d) engaging in activity that involves the transmission of “junk mail” or unsolicited mass mailing or “spam” or harvesting or otherwise collecting personally identifiable information about Service users, including names, phone numbers, addresses, email addresses, (collectively, “User Data”) without their consent; (e) engaging in activity, or submitting Materials, or promoting information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (f) submitting Materials that contain restricted or password only access pages, or hidden pages or images; (g) submitting Materials that displays pornographic or sexually explicit material of any kind; (h) submitting Materials that provide instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; (i) submitting Materials that contain viruses, Trojan horses, worms, or any other similar forms of malware, (j) engaging in activities or submitting Materials that solicit passwords or personally identifiable information for unlawful purposes from other users; (k) engaging in unauthorized commercial activities and/or sales without our prior written consent such as advertising, solicitations, contests, sweepstakes, barter, and pyramid schemes; (l) using any robot, spider, other automatic device, or manual process to monitor, copy, or “scrape” web pages or the content contained in the Service or for any other unauthorized purpose without our prior written consent; (m) using any device, software, or routine to interfere or attempt to interfere with the proper working of the Service; (n) decompiling, reverse engineering, or disassembling the software or attempting to do so; or (o) taking any action that imposes an unreasonable or disproportionately large load on the Service or our hardware and software infrastructure or that of any of its Licensors or Suppliers. In addition, you covenant and represent that you will not use the Service for any purpose other than those that are personal, nor will you use this Service in violation of the law or these Terms of Service. While we are not under any obligation to monitor the content provided by Users, we may, in its sole determination, remove any content that we deem objectionable, offensive, unlawful or in violation of these Terms of Service.

5. Sharing Your Content

You shall not upload, post or otherwise make available on the SERVICE any works or material protected by copyright, trademark or other proprietary right without the express written permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any works or material are not so protected rests entirely with you. You are liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all works or material submitted by you to the Service, you automatically grant, or warrant that the owner of such material has expressly granted, us a royalty-free, perpetual, irrevocable, worldwide, fully-paid up license to use, reproduce, create derivative works, publicly distribute, publicly perform, publicly display, assume any sound recording rights or moral rights of attribution or integrity, transmit, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed (including, without limitation, print and electronic form, media and technology) for the full term of any copyright that may exist in such works or materials. Except as limited under applicable law, and subject to any functionality on the Service allowing you to restrict access, you also permit any other Service user to access, view, store or reproduce the works or materials.

6. Mobile Apps

  1. Our Mobile Application – We make various Apps to access the Service via a mobile device. To use the Apps you must have a mobile device that is compatible with our mobile service. We do not warrant that the App will be compatible with your mobile device. We grant to you a non-exclusive, non-transferable, revocable license to use a compiled code copy of each App for one account on one mobile device owned or leased solely by you, for your personal, non-commercial use. You may not: (i) modify, disassemble, decompile or reverse engineer the App, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the App to any third party or use the App to provide time sharing or similar services for any third party; (iii) make any copies of the App; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the App, features that prevent or restrict use or copying of any content accessible through the App, or features that enforce limitations on use of the App; or (v) delete the copyright and other proprietary rights notices on the App. You acknowledge that we may from time to time issue upgraded versions of the App, and may automatically electronically upgrade the version of the App that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of these Terms will apply to all such upgrades. The foregoing license grant is not a sale of the App or any copy thereof, and we or our third party licensors or suppliers retain all right, title, and interest in and to the App (and any copy of the App).
  2. Mobile App from iTunes – The following also applies to any App you acquire from us from the iTunes Store (“iTunes-Sourced Software”): You acknowledge and agree that these Terms are solely between you and us, not Apple, and that Apple has no responsibility for the iTunes-Sourced Software or content thereof. Your use of the iTunes-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iTunes-Sourced Software.

7. Representations and Warranties and Indemnification

You hereby represent and warrant that: (a) you have all necessary authority, rights and permissions to submit the Materials and grant the licenses described in these Terms of Service, (b) the Materials are accurate, current and complete, (c) the Materials and your use of the Service shall not infringe or misappropriate any copyright, trademark, trade secret, patent, or other intellectual property right of any third party or violate any other rights of third party, including, without limitation, any rights of privacy or publicity or any contractual rights, (d) the Materials and your use of the Service shall not violate any applicable law or regulation or cause injury to any person; (e) your use of the Service shall not violate any agreements between you and a third party. You agree to indemnify, defend and hold harmless us, and its officers, directors, employees, agents, and contractors and suppliers from and against any and all claims, costs, demands, damages, liabilities, or expenses, including, without limitation, reasonable attorneys’ fees, arising from or related to: (a) the Materials you provide or approve for publication, (b) your use of the Service, (c) your breach of these Terms of Service, or (d) any actual, prospective, completed or terminated purchase, sale or other transaction between you and a third party.

8. Use of Third Party Services

As a part of our Service, Hotel Application may offer links to websites or applications operated by various third parties and is not responsible or liable for any acts or omissions created or performed by these third parties. We provide such links for your convenience and reference only. Hotel Application does not operate or control in any way any information, software, products or services available on such websites or applications. Our inclusion of a link to a website or application does not imply any endorsement of the services or the site, its contents, or its sponsoring organization. Our Service may be integrated with services provided by third parties as part of the functionality of the Service. You understand that we do not have control over third parties and that such third parties are not agents of Hotel Application. As such, we make no guarantees about and assume no responsibility for, the information or services provided by third parties. You acknowledge and agree that we make no representation or warranty about, and do not endorse, third party’s products or services or the information provided by third parties, whether through the Service or otherwise. Accordingly, we are not responsible for your use of any third party product or service or any harm or losses arising from or relating to your use of any third party products or services. You should contact the third party with any questions about their products and services. Hotel Application hereby disclaims and you hereby discharge, waive and release Hotel Application and its licensors and suppliers from any past, present, and future claims, liabilities, and damages, known or unknown, arising out of or relating to your interactions with such third parties and their products and services.

9. Intellectual Property

The Site and the Service may be protected by copyright, trademark, and other laws of Poland, United States, and foreign countries. Hotel Application exclusively owns all right, title and interest in and to the Site and the Service, including all associated intellectual property rights. Without limiting the foregoing, you may not duplicate or reuse any portion of the HTML/CSS or visual design elements of the Site or the Service without express written consent from Hotel Application.

10. General

Terms of Service shall be governed by the laws of the Republic of Poland. For any matters which are not regulated within these Terms of Service provision of the Act on Provision of Services by Electronic Means, Act on Personal Data Protection, the Polish Civil Code and other provisions of the Law of Republic of Poland apply. Any disputes resulting from these Terms and Conditions or the Agreement shall be finally resolved by a Polish common court. These Terms of Service, together with the Privacy Policy and any other legal notices published by us on the Service, shall constitute the en