Terms of Use

1. Changes to These Terms

• We may update these Terms from time to time. We will notify you by email or in the Service at least 30 days before a change takes effect.
• If you do not agree with a change, you may terminate the agreement before it takes effect. If you keep using the Service after that date, the updated Terms apply to you.
• The current version is always available at this page, and we will send you a copy free of charge on request.

2. Offers and Agreements

• These Terms apply to all offers and agreements between you and us. Your own terms and conditions do not apply.
• Our offers and proposals are non-binding unless explicitly stated otherwise. Each offer applies only to the service it describes, not to future services.
• We rely on the accuracy of the information you provide us, such as your number of rooms, and base our offers on it.
• All agreements are entered into digitally.

3. Plans and Free Trial

• Free Plan: You can use the basic property management features at no cost. We may change the features or limits of the free plan with 30 days' notice.
• Free Trial: New accounts can try the paid features for free for the period shown at sign-up, without providing payment details. When the trial ends, the paid features stop unless you subscribe, and your account continues on the free plan with your data intact.
• Paid Plans: Paid plans and add-ons are offered either as subscriptions, billed monthly or yearly and renewed automatically, or as prepaid plans, paid once for a fixed period and not renewed automatically.
• Agencies: If an agency manages your property in the Service and pays for it, the agency's plan determines which features you can use.

4. Pricing

• Prices exclude any applicable taxes, such as VAT, expenses or government levies, unless stated otherwise.
• The price of a paid plan depends on the plan, the add-ons you choose and the number of rooms in your property. If your number of rooms changes, your price changes from the next billing period.
• We may change our prices. We will notify you at least 30 days in advance, and for yearly and prepaid plans, the new price applies from your next renewal. If you do not agree with a price change, you may cancel before it takes effect.
• Discounts and promotional codes apply only to the plan and period stated with them and cannot be combined unless stated otherwise.
• In exceptional circumstances, we may offer a hibernation pricing plan for a maximum of three months.

5. Payment and Late Payment

• Subscriptions are charged in advance at the start of each billing period to the card or other payment method you provide, through our payment provider Stripe. By subscribing, you authorize these recurring charges.
• Prepaid plans are paid in advance for the full period. The paid features end when the period expires, unless you renew.
• Late Payment: If a payment fails or an invoice is not paid within seven days of its due date, you are in default without further notice, and any discount is forfeited. We may also:
  • Charge default interest of 5% per year from the due date until payment is received in full (Art. 104 of the Swiss Code of Obligations).
  • Suspend the paid features or your access to the Service.
  • Take legal action to collect the amount owed and report non-payment to credit bureaus.

6. Cancellation and Refunds

• You can cancel a subscription at any time in the Service. The cancellation takes effect at the end of the current billing period: you keep the paid features until then and are not charged again.
• You can request a full refund of the first payment of your first subscription within 14 days of that payment, without giving a reason. This right does not apply to renewals or later subscriptions.
• Apart from this, we do not provide refunds or credits for unused parts of a billing period, including for yearly and prepaid plans.
• After a paid plan ends, your account continues on the free plan unless you close it.

7. Your Account

• Each user receives a personal, non-transferable login. Keep your password confidential and choose a strong, unique one. You are responsible for all activity on your account.
• Notify us immediately if you suspect unauthorized access to your account.
• You are responsible for obtaining and maintaining the internet connection, devices, networks and other IT systems you need to use the Service, and for keeping them secure.
• We may block accounts if we reasonably believe they are being used unlawfully or in violation of these Terms, and take other measures we deem necessary.

8. Acceptable Use

You may not:

• Use the Service for unlawful purposes, or to send spam or content that infringes the rights of others.
• Copy, decompile or reverse engineer the Service, except where the law expressly allows it.
• Access the Service by automated means, such as scraping, other than through our API.
• Resell or sublicense the Service without our written agreement.
• Test the security of the Service without our written permission, or interfere with its operation, for example by uploading malicious code.

9. Availability and Maintenance

• We strive to keep LodgeHog available 24/7 and will maintain the Service to ensure its functionality.
• The Service may be temporarily unavailable during maintenance.
• We may modify the Service, including adding, changing, or removing features.
• While we aim for error-free operation, we cannot guarantee it. Report any errors to us and we will do our best to resolve them promptly.

10. Third-Party Services and Integrations

• We use third-party providers, such as hosting providers, to deliver the Service.
• The Service connects to third-party services that you choose to use, such as online travel agencies (for example Booking.com, Airbnb and Expedia), payment providers, WhatsApp and government systems. Your use of these services is subject to their own terms, and you are responsible for complying with them and for your accounts with them.
• Channel Manager: We send your availability, rates and restrictions to the channels you connect and receive their reservations. This depends on the channels' systems. You are responsible for checking your configuration, such as room and rate mappings. We are not liable for overbookings, incorrect rates or missed reservations caused by the channels, by their outages or delays, or by your configuration.
• Guest Payments: Payments that your Guests make through the booking engine are processed by the payment provider directly between you and your Guest. We are not a party to these payments and do not hold the funds. Refunds, chargebacks and disputes are between you, your Guest and the payment provider.
• Guest Messaging: When you message Guests by email or WhatsApp through the Service, you are responsible for having a legal basis for doing so and for complying with anti-spam laws and Meta's WhatsApp Business policies.
• Third parties may change or discontinue their services, which may require us to change or remove an integration.

11. AI Features

• Some features, such as the chatbot, generate answers using AI models from third-party providers. AI-generated answers can be inaccurate or incomplete.
• You are responsible for the information you give these features and for checking that the answers given to your Guests are correct. We process this content as described in our Privacy Policy.

12. Tax and Regulatory Features

Features such as issuing service invoices (NFS-e) and submitting guest registrations (FNRH) help you meet your obligations, but you remain responsible for complying with your tax, invoicing and guest registration obligations, and for the correctness of the data you submit. We do not provide tax or legal advice, and we are not liable for errors or outages of government systems, or for penalties resulting from incorrect data.

13. API

• Keep your API keys confidential. You are responsible for all use of them and for the applications you connect to the Service.
• Use the API as described in its documentation and within its rate limits. We may limit, change or suspend API access to protect the Service.

14. Your Data and Data Protection

• You keep all rights to the data you enter into the Service. You allow us to use it only to provide and support the Service and as described in our Privacy Policy.
• For personal data about your Guests, you are the controller and we are your processor: we process it on your behalf and according to your instructions, in line with the Swiss Federal Act on Data Protection, the GDPR and Brazil's LGPD where they apply. A data processing agreement is available on request.
• You are responsible for the lawfulness of the data you collect and process with the Service, including informing your Guests about it.
• We protect your data with appropriate technical and organizational measures, as described in our Privacy Policy. We recommend that you regularly export the data that is important to you.
• You can request a copy of your data at any time. After you close your account, we delete your data within 90 days, except for records the law requires us to keep, so export anything you need before closing it.

15. Confidentiality

We will not disclose your confidential information to third parties unless required by law or professional obligation. Confidential information includes any information you designate as confidential or that is reasonably understood to be confidential, including:

• Information related to research, development, trade secrets, or business matters.
• Personal data as defined by applicable data protection laws.

16. Intellectual Property

• We (or our licensors) own all intellectual property rights in the Service, including copyrights, trademarks, patents, source code, and know-how.
• While the agreement lasts, you have a non-exclusive, non-transferable right to use the Service. You may not claim ownership of any intellectual property related to the Service, nor transfer your right of use to any other party.
• If you send us suggestions or feedback, we may use them freely.

17. Liability

• Except as expressly stated in these Terms, we make no warranties about the Service, including that it will meet your specific requirements.
• We are not liable for damages resulting from improper use of the Service, from your configuration, or from third-party services as described in section 10.
• We are not liable for indirect or consequential damages, including lost profits, lost bookings or revenue, overbookings, or loss of goodwill.
• Our total liability for direct damages is limited to the fees you paid us in the 12 months before the event that caused the damage.
• These limitations do not apply to damages caused by our intentional misconduct or gross negligence, or where the law does not allow liability to be limited.
• You will indemnify us against claims by third parties, including your Guests and authorities, that result from your data, from your use of the Service in breach of these Terms or the law, or from your use of third-party services.

18. Term and Termination

• The agreement starts when you create an account and lasts until your account is closed. Subscriptions renew automatically for the same billing period until cancelled, as described in section 6.
• Either party may terminate this agreement with 30 days' notice (or immediately in case of non-payment) if the other party materially breaches these Terms.
• You are responsible for paying for the Service up to the last day of service.
• Provisions that by their nature should survive termination (e.g., payment obligations, confidentiality, disclaimers, liability limitations) will remain in effect after termination.

19. Force Majeure

We are not liable for damages caused by events beyond our reasonable control (force majeure). If such an event lasts for more than two months, either party may terminate the agreement in writing. In that case, you will be invoiced for the period during which you used the Service.

20. Governing Law and Jurisdiction

These Terms and all legal relations between you and us are governed by Swiss law, excluding its conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods. The courts of Zug, Switzerland, have exclusive jurisdiction, unless mandatory law provides otherwise.

21. General Provisions

• These Terms, together with our Privacy Policy and any offer you accepted, are the entire agreement between you and us. Any individual agreement that differs from these Terms must be made in writing; email is sufficient.
• If any part of these Terms is found to be invalid, the rest of the Terms will remain in effect. We will replace the invalid part with a valid provision that is as close as possible to the original intent.
• We send notices to the email address of your account. You can send notices to us at [email protected].
• You may not transfer the agreement to another party without our consent. We may transfer it to an affiliated company or to a successor of our business.
• These Terms are available in several languages. If the versions differ, the English version prevails.

22. Contact Us

QuartoVerde GmbH, Sinserstrasse 65, 6330 Cham, Switzerland. For questions about these Terms, write to us at [email protected].