Terms of Service

1. About these terms

These Terms of Service ("Terms") form an agreement between [Legal company name] ("HotelPing", "we", "us") and the business that signs up for or uses HotelPing (the "Client", "you"). They apply to the HotelPing platform, staff app, owner dashboard, WhatsApp guest messaging, integrations, setup and support (together, the "Service"), and to our website.

By signing an order form, paying an invoice or using the Service, you accept these Terms. If you accept on behalf of a hotel or company, you confirm you are authorised to bind it. If an order form signed by both parties conflicts with these Terms, the order form applies.

HotelPing is for businesses only. It is not offered to consumers. Hotel guests use WhatsApp to talk to the hotel; their relationship is with the hotel, not with us.

2. The Service

• We provide the Service on a subscription basis for the plan, number of rooms and properties in your order form or as shown on our pricing page.
• We set up the Service using the information you give us and train your staff as described in your plan.
• We may improve, change or retire features, provided we do not materially reduce the core functions of your plan during a paid term.
• Features marked "coming soon", beta or pilot are provided as they are, may change or be withdrawn, and are not part of any commitment unless stated in your order form.

3. Your responsibilities

You are responsible for how your hotel uses HotelPing. In particular, you must:

• Get guest permission: obtain each guest's opt-in before messaging them and give them any privacy notice the law requires, in line with WhatsApp's Business Messaging Policy and data protection laws. You must honour opt-out requests immediately.
• Keep your content accurate: you are responsible for the FAQs, rate card, prices, offers, facilities, timings and other information you provide or approve. This includes what is free or chargeable, such as minibar items and facilities. Please confirm this information before it goes live and keep it up to date.
• Look after accounts: keep staff logins secure, give access only to authorised staff, and remove access when staff leave. You are responsible for activity under your accounts.
• Act on requests: HotelPing routes and tracks requests; your staff carry them out. Service levels and timers you set in the platform are internal targets for your team, not promises by HotelPing to your guests.
• Follow the law and platform rules: comply with applicable laws, WhatsApp and Meta policies, and the Acceptable Use rules below.

4. Not for emergencies

5. AI features

• The AI assistant generates answers from the knowledge base and rate card you provide. Automated answers, transcriptions and classifications can be inaccurate or incomplete.
• You are responsible for reviewing your knowledge base, monitoring conversations and correcting errors. Guests can always be handed over to a person.
• Chargeable services are confirmed with the guest before being sent to staff, but the final price and billing remain your responsibility.
• We are not responsible for losses caused by AI responses that are based on inaccurate, outdated or incomplete information supplied by you.

6. WhatsApp and other third-party services

The Service depends on third parties we do not control, including Meta (WhatsApp), WhatsApp business solution providers, telecom networks, cloud hosting, AI providers and your PMS vendor.

• Meta may approve, reject, restrict or suspend phone numbers, message templates or accounts, and may change its prices and policies at any time.
• WhatsApp message charges are billed at actual cost and are separate from your subscription, unless your order form says otherwise.
• Integrations depend on your PMS vendor providing and maintaining access. Some vendors charge their own fees.
• We are not liable for outages, delays, changes or suspensions caused by these third parties. Where possible, we will help you resolve them.

7. Fees and payment

• Fees are as stated in your order form or on our pricing page when you sign up. Subscriptions are billed in advance, monthly or annually.
• Setup fees are one-time and non-refundable once setup has started.
• Prices exclude GST, VAT and other taxes, which are added as required by law.
• Invoices are due within [7] days. Overdue amounts may attract interest at [1.5%] per month or the maximum allowed by law, whichever is lower.
• If payment is more than [15] days overdue, we may suspend the Service after giving you notice.
• We may change prices for future terms with at least 30 days' notice. Changes do not affect a term you have already paid for.
• Fees already paid are not refundable for partial periods, except where the law requires otherwise or these Terms say so.
• Paid pilots are charged as agreed and can be adjusted against your first subscription if your order form says so.

8. Availability and support

We use commercially reasonable efforts to keep the Service available and to fix problems promptly. We may carry out planned maintenance, and will try to do so at quiet times with advance notice. Unless your order form includes a specific uptime commitment, we do not guarantee that the Service will be uninterrupted or error-free. Support is provided through the channels and hours of your plan.

9. Your data

• You own your data, including guest data, your content and your reports ("Client Data").
• You give us permission to host, process and transmit Client Data only to provide, secure and support the Service, and as described in our Privacy Policy. For guest data, we act as your data processor.
• We may use aggregated, de-identified information that does not identify you, your hotel or any guest to operate and improve the Service.
• You can export your reports at any time. When your subscription ends, we will make your data available for export for [30] days and then delete it, except where the law requires us to keep it.

10. Acceptable use

You must not use the Service to:

• send spam, or message people who have not opted in or who have opted out;
• send unlawful, misleading, abusive, discriminatory or adult content;
• collect guest data for purposes unrelated to their stay without proper consent;
• violate WhatsApp or Meta policies, or anyone's rights;
• try to access other clients' data, test or break our security, overload the Service, or copy, resell or reverse-engineer it.

We may remove content or suspend accounts that break these rules, especially where Meta or the law requires it.

11. Intellectual property

HotelPing, its software, design, documentation and brand belong to us and our licensors. During your subscription, we give you a non-exclusive, non-transferable right to use the Service for your hotel's internal business. If you send us suggestions, we may use them freely without obligation to you.

12. Confidentiality

Each party will keep the other's non-public business, technical and pricing information confidential and use it only for this agreement. This does not apply to information that is public, already known, independently developed or required to be disclosed by law. This obligation continues for three years after the agreement ends, and indefinitely for personal data and trade secrets.

13. Disclaimers

Except as stated in these Terms, the Service is provided "as is" and "as available". We do not promise any particular business result, such as more revenue, higher ratings, better reviews or fewer complaints. To the extent the law allows, we exclude all implied warranties, including fitness for a particular purpose.

For Clients in Australia: nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law that cannot lawfully be excluded. Where our liability can be limited, it is limited to supplying the services again or paying the cost of having them supplied again.

14. Limitation of liability

• Neither party is liable for indirect, incidental, special or consequential losses, or for loss of profit, revenue, goodwill, reputation or data, even if advised of the possibility.
• Our total liability for all claims relating to the Service in any 12-month period is limited to the fees you paid us for the Service in the 12 months before the event giving rise to the claim.
• We are not liable for claims by guests or others that arise from your content, your staff's actions, your failure to obtain consent, or services provided by your hotel.
• These limits do not apply to liability that cannot be limited by law, such as for fraud.

15. Indemnity

You will defend and compensate us for third-party claims, fines and reasonable costs arising from: messages sent without valid guest consent; your content, prices or offers; your staff's misuse of the Service; or your breach of law or these Terms.

We will defend and compensate you for third-party claims that the HotelPing software, used as permitted, infringes their intellectual property rights.

16. Term, renewal and termination

• Your subscription runs for the term in your order form and renews automatically for the same period unless either party gives at least [30] days' notice before renewal.
• Either party may end the agreement if the other materially breaches it and does not fix the breach within [15] days of written notice.
• We may suspend the Service immediately if needed to prevent harm, comply with law or Meta requirements, or protect security. Where possible, we will tell you first.
• When the agreement ends, your access stops, unpaid fees become due, and the sections on data, confidentiality, liability, indemnity and disputes continue to apply.

17. Events outside our control

Neither party is liable for delays or failures caused by events beyond its reasonable control. These include internet or telecom failures, platform outages (including WhatsApp or Meta), cyberattacks, power failures, natural disasters, epidemics, government action and labour disputes.

18. Governing law and disputes

These Terms are governed by the laws of India. The parties will first try to resolve any dispute through good-faith discussion for 30 days. If it is not resolved, it will be finally settled by arbitration under the Arbitration and Conciliation Act, 1996, by a sole arbitrator, seated in New Delhi, conducted in English. The courts of New Delhi have exclusive jurisdiction for interim relief and enforcement.

For Clients in the UAE or Australia, a different governing law or venue may be agreed in the order form.

19. General

• Changes: we may update these Terms. We will give at least 30 days' notice of material changes, and they apply from your next renewal unless you agree sooner.
• Notices: notices to you go to the email in your account; notices to us go to [email].
• Assignment: you may not transfer this agreement without our consent. We may transfer it as part of a merger or sale of our business.
• Whole agreement: these Terms, your order form and our Privacy Policy are the entire agreement on this subject.
• If any part is found unenforceable, the rest remains in effect. Not enforcing a right is not a waiver of it. The parties are independent contractors.

20. Contact us