Terms of Service

Last updated: 01/01/2026

1. Agreement to Terms

By accessing or using our services (the "Service"), you (the "Client" or "Hotel") agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of the terms, then you may not access the Service.

These Terms constitute a legally binding agreement between you and Hoteku. By using the Service, you represent that you have the authority to bind your organization to these Terms.

2. Description of Service

Hoteku provides a managed white-label digital guest portal and AI assistant platform (the "Service") for our hotel clients (the "Client"). The Service includes:

  • A guest-facing portal hosted on a unique subdomain for the Client's guests
  • A management interface accessible to authorized Client staff
  • AI-powered assistance and automation features
  • White-label branding and customization

Initial setup and configuration are performed by Hoteku. Once configured, authorized Client staff will receive access credentials to the management interface. Access permissions are role-based and determined during onboarding.

The Service includes ongoing maintenance, updates, and support as part of our managed service offering.

3. Client Data and Onboarding

To use the Service, the Client must provide Hoteku with the necessary information during the onboarding process, including hotel branding information, staff access information, guest data integration methods, and any other information required to configure the Service.

The Client is solely responsible for ensuring the accuracy, integrity, and legality of all data provided to Hoteku. The Client agrees to provide accurate, current, and complete information during onboarding and to update such information as necessary to maintain its accuracy.

Authorized Client staff will receive access credentials upon completion of setup. The Client is responsible for maintaining the confidentiality of these credentials and for all activities that occur under their accounts. The Client must notify Hoteku immediately of any unauthorized access or security breach.

4. Data Integration

The Service may integrate with your Property Management System (PMS) or other third-party systems. You grant Hoteku the right to access your data via secure methods for the sole purpose of providing the Service. We are not responsible for the accuracy or integrity of data provided by your systems.

You are responsible for ensuring your systems can securely transmit data to our Service, maintaining the security of your systems and integration endpoints, providing accurate and timely data, and notifying us of any changes that may affect integration.

Hoteku is not responsible for any issues arising from incorrect, incomplete, or delayed data from your systems.

5. Client Content and Intellectual Property

5.1. Client Content

As part of the onboarding process, you (the "Client") will provide Hoteku with certain content, including but not limited to hotel logos, brand names, brand colors, and other proprietary materials (collectively, "Client Content").

You represent and warrant that you own all rights, title, and interest in and to the Client Content, or that you have the necessary licenses and permissions to provide this content to us.

You retain all ownership rights to your Client Content. You hereby grant Hoteku a limited, non-exclusive, worldwide, royalty-free license to use, reproduce, display, and distribute the Client Content solely for the purpose of operating, branding, and providing the Service to you and your guests.

5.2. Hoteku Intellectual Property

The Service, including all software, technology, designs, and documentation, is owned by Hoteku and protected by intellectual property laws. These Terms do not grant you any rights to use Hoteku's trademarks, service marks, logos, or other proprietary information without our prior written consent.

6. Payment Terms

The Service is provided on a subscription basis. Payment terms, pricing, and billing cycles will be specified in your service agreement or order form.

You agree to:

  • Pay all fees associated with your subscription in a timely manner
  • Provide accurate billing information
  • Notify us of any changes to your billing information

If payment is overdue, we reserve the right to suspend or terminate your access to the Service. All fees are non-refundable unless otherwise specified in your agreement.

Prices are subject to change with reasonable notice. Continued use of the Service after price changes constitutes acceptance of the new pricing.

7. Acceptable Use

You agree not to:

  • Use the Service for any unlawful purpose or in violation of any applicable laws
  • Attempt to gain unauthorized access to the Service or any related systems
  • Interfere with or disrupt the Service or servers connected to the Service
  • Use the Service to transmit any viruses, malware, or harmful code
  • Reverse engineer, decompile, or attempt to extract the source code of the Service
  • Use the Service in any way that could damage, disable, or impair Hoteku's systems or networks
  • Resell or redistribute the Service without our prior written consent

Violation of these acceptable use terms may result in immediate termination of your access to the Service.

8. Service Availability and Modifications

While we strive to provide reliable and continuous service, we do not guarantee that the Service will be available 100% of the time. The Service may be temporarily unavailable due to:

  • Scheduled maintenance or updates
  • Unforeseen technical issues
  • Circumstances beyond our reasonable control

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with reasonable notice when possible. We will make reasonable efforts to minimize service interruptions.

Hoteku is not liable for any damages or losses resulting from service interruptions or modifications.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HOTEKU SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM:

  • Your use or inability to use the Service
  • Any unauthorized access to or use of our servers and/or any personal information stored therein
  • Any interruption or cessation of transmission to or from the Service
  • Any bugs, viruses, trojan horses, or similar items transmitted through the Service
  • Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, transmitted, or otherwise made available through the Service

Our total liability to you for any claims arising from or related to the Service shall not exceed the amount you paid to us in the twelve (12) months preceding the claim.

10. Indemnification

You agree to indemnify, defend, and hold harmless Hoteku, its officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party right, including any intellectual property or privacy right; or (d) any claim that your Client Content caused damage to a third party.

11. Data Protection and Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. You acknowledge that you have read and understood our Privacy Policy.

As the data controller for guest data, you are responsible for ensuring that you have appropriate legal basis and consent for processing guest personal data through our Service. Hoteku acts as a data processor and will process data only as instructed by you and in accordance with applicable data protection laws.

Both parties will implement appropriate technical and organizational measures to protect personal data against unauthorized access, loss, or destruction. Hoteku will notify you promptly of any data breaches affecting your data, in accordance with applicable data protection laws.

12. Termination

12.1. Termination by You

You may terminate your use of the Service at any time by providing written notice to Hoteku. Termination will be effective at the end of your current billing cycle, unless otherwise specified in your service agreement.

12.2. Termination by Hoteku

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination:

  • Your right to use the Service will immediately cease
  • We may delete your account and data associated with it
  • All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, and limitations of liability

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Hoteku operates, without regard to its conflict of law provisions.

Any disputes arising from or relating to these Terms or the Service shall be resolved through good faith negotiation. If such negotiation fails, disputes shall be resolved through binding arbitration or in a court of competent jurisdiction, as specified in your service agreement.

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

  • Posting the updated Terms on this page
  • Updating the "Last updated" date at the top of these Terms
  • For significant changes, providing additional notice via email or through the Service

Your continued use of the Service after any changes to these Terms constitutes your acceptance of the updated Terms. If you do not agree to the modified Terms, you must stop using the Service.

15. Miscellaneous

15.1. Entire Agreement

These Terms, together with any service agreements or order forms, constitute the entire agreement between you and Hoteku regarding the Service and supersede all prior agreements and understandings.

15.2. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

15.3. Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Hoteku's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

15.4. Assignment

You may not assign or transfer these Terms or your rights hereunder, in whole or in part, without our prior written consent. Hoteku may assign these Terms without restriction.

15.5. Force Majeure

Hoteku shall not be liable for any failure or delay in performance under these Terms that is due to causes beyond our reasonable control, including but not limited to natural disasters, war, terrorism, labor disputes, or failures of telecommunications or internet services.

16. Contact Information

If you have any questions about these Terms, please contact us at:

Email: info@hoteku.com

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