Terms of Service

1. Eligibility and accounts

• You must be at least 18 years old and authorised to bind your property or company.
• Registration information must be accurate, current, and complete.
• You are responsible for all activity under your account and for maintaining the confidentiality of login credentials.
• Notify us immediately at [email protected] of any unauthorised access.
• We may suspend or refuse registration where we reasonably suspect fraud, abuse, or violation of these Terms.

2. Description of Services

Hotio provides software-as-a-service tools for small and independent hospitality properties, including front-desk and reservation management, housekeeping, reporting, direct booking pages, channel connectivity, and guest self check-in features. Specific features may vary by plan and region.

We may improve, modify, or discontinue features with reasonable notice where practicable. Beta or preview features are provided "as is" and may change without notice.

3. Subscription, fees, and billing

• Fees are billed on a per-room, per-month basis (or as stated on our pricing page) in the currency applicable to your region unless otherwise agreed in writing.
• Hotio does not charge commission on your bookings unless a separate written agreement states otherwise.
• Free trials, if offered, convert to paid subscriptions unless cancelled before the trial ends.
• Invoices are due on the date shown. Late payment may result in suspension after reasonable notice.
• Fees are exclusive of VAT or similar taxes unless stated. You are responsible for applicable taxes.
• Price changes apply to subsequent billing periods with at least 30 days' notice. Continued use after the effective date constitutes acceptance.

4. Acceptable use

You agree not to:

• Use the Services for unlawful, fraudulent, or misleading purposes;
• Upload malware, interfere with platform security, or attempt unauthorised access;
• Reverse engineer, scrape, or resell the Services except as expressly permitted;
• Process personal information without lawful grounds or required guest notices;
• Overload or disrupt infrastructure (including automated requests without approval);
• Use the Services to compete with Hotio through systematic extraction of data or features.

We may investigate violations and suspend or terminate access where necessary to protect the platform, users, or third parties.

5. Customer data and privacy

You retain ownership of data you upload to the Services. You grant Hotio a limited licence to host, process, transmit, and display that data solely to provide and improve the Services.

You are the data controller for guest and staff personal information processed in your account. Hotio acts as processor where applicable. Our Privacy Policy and available Data Processing Agreement describe handling obligations.

You warrant that you have obtained all necessary consents and provide accurate privacy notices to guests using your booking engine or self check-in portal.

6. Third-party services and OTAs

Integrations with OTAs, payment providers, and other third parties are subject to their terms. Hotio is not responsible for third-party outages, policy changes, or commission structures imposed by booking channels. You authorise us to exchange availability, rates, and reservation data with integrations you enable.

7. Intellectual property

Hotio and its licensors own all rights in the Services, software, branding, documentation, and underlying technology. These Terms do not transfer any intellectual property rights to you except a limited, non-exclusive, non-transferable, revocable licence to use the Services during your subscription.

Feedback you provide may be used by Hotio without obligation or compensation.

8. Support and availability

We aim to provide reliable cloud hosting and reasonable support during published hours or as described on our website. Except where a separate SLA is signed, the Services are provided on an "as available" basis.

Scheduled maintenance will be communicated where practicable. We are not liable for downtime caused by factors outside our reasonable control, including internet failures, third-party services, or force majeure events.

9. Warranties and disclaimers

To the maximum extent permitted by law, the Services are provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

We do not warrant uninterrupted or error-free operation, or that the Services will meet your specific business requirements. You are responsible for backups of critical records where required by law, in addition to our platform backups.

10. Limitation of liability

To the maximum extent permitted by applicable law, Hotio and its directors, employees, and suppliers shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, data, goodwill, or business opportunity, arising from or related to the Services.

Our total aggregate liability for any claim arising under these Terms shall not exceed the fees paid by you to Hotio in the twelve (12) months preceding the event giving rise to the claim, or ZAR 10,000 if you have not yet paid fees.

Nothing in these Terms limits liability that cannot be excluded under applicable law (including gross negligence or wilful misconduct where prohibited).

11. Indemnification

You agree to indemnify and hold harmless Hotio from claims, damages, losses, and expenses (including reasonable legal fees) arising from your use of the Services, your data, your breach of these Terms, or violation of applicable law, except to the extent caused by Hotio's material breach or negligence.

12. Term and termination

• Subscriptions continue month-to-month or for the agreed term until cancelled in accordance with our cancellation policy.
• You may cancel at any time through your account or by contacting [email protected]. Cancellation takes effect at the end of the current billing period unless otherwise stated.
• We may suspend or terminate access for material breach, non-payment, or risk to the platform after notice where reasonable.
• Upon termination, your right to access the Services ends. Export tools may be available for a limited period. We may delete data after the retention period in our Privacy Policy.

13. Migration and data export

Where we offer free migration assistance from another PMS, scope and timing are agreed separately and do not guarantee identical feature parity. You are responsible for verifying migrated data before go-live.

14. Governing law and disputes

These Terms are governed by the laws of the Republic of South Africa, without regard to conflict of law principles. The courts of South Africa shall have exclusive jurisdiction, subject to any mandatory consumer protections in your jurisdiction.

Before formal proceedings, parties agree to attempt good-faith resolution by contacting [email protected].

15. General

• Entire agreement: These Terms, the Privacy Policy, and any order form or DPA constitute the entire agreement.
• Severability: Invalid provisions do not affect the remainder.
• No waiver: Failure to enforce a provision is not a waiver.
• Assignment: You may not assign these Terms without our consent. We may assign to an affiliate or successor.
• Changes: We may update these Terms with notice. Material changes take effect on the date posted unless a longer notice period is required by law.

16. Contact

HotioPMS LLC
https://hotiopms.com
Email: [email protected]
Support: [email protected]

This document is provided for general information and does not constitute legal advice. We recommend that you review these terms with qualified legal counsel for your specific circumstances.