Terms of Service

1. The service

Qontaktly is software for managing hospitality properties: it syncs availability, rates, and reservations with connected travel sites, takes commission free direct bookings, unifies guest messaging across WhatsApp, email, and web chat, drafts AI assisted replies, and aggregates reviews. We may improve, add, or retire features over time; if we retire something material to your use, we will give you reasonable notice.

2. Accounts and eligibility

• You must be at least 18 years old and using the service for business purposes.
• You must provide accurate registration and property information and keep it current.
• You are responsible for safeguarding your credentials and for all activity under your account. Enable two factor authentication and tell us immediately at hello@qontaktly.com if you suspect unauthorised access.
• You may invite team members and assign roles; you are responsible for the people you grant access to.

3. Subscriptions, trials, and billing

• Plans are priced per property with unlimited rooms, billed annually through our payment processor unless your order says otherwise.
• Free trials convert to paid subscriptions only when you choose a plan and provide payment details; we will remind you before a trial ends.
• Subscriptions renew automatically at the end of each billing period unless cancelled beforehand from the billing settings.
• Fees are exclusive of taxes; you are responsible for any applicable taxes other than taxes on our income.
• If a renewal payment fails we will retry and notify you; continued failure may result in the account moving to a restricted, view only state and eventually being suspended.
• Except where the law requires otherwise, fees are not refundable for partial periods. If we materially raise the price of your plan, the new price applies from your next renewal and we will tell you in advance.

4. Your content and guest data

You own the data you and your guests put into the service: property content, bookings, messages, and guest records. You grant Qontaktly a licence to host and process that data solely to provide and improve the service, as described in our Privacy Policy.

For guest personal data, you are the data controller and Qontaktly is your processor. You are responsible for having a lawful basis to collect guest data, for the notices you give guests, and for responding to guest privacy requests. We process guest data only on your instructions, assist you with privacy requests, and apply the security measures described in our Privacy Policy.

5. Acceptable use

You agree not to:

• Use the service to send spam or unsolicited marketing, or to message people who have not interacted with your property.
• Upload content that is unlawful, infringing, deceptive, or harmful.
• Violate the policies of connected platforms, including WhatsApp Business policies and the terms of the travel sites you distribute through.
• Probe, scan, or test the vulnerability of the service, bypass authentication, or access another customer's data.
• Reverse engineer the service, resell it, or use it to build a competing product.
• Misrepresent availability, prices, or property details to guests.

We may suspend or limit accounts that breach this section, with notice where practical. Where messaging networks or travel sites impose penalties because of your content or conduct, those consequences are yours to bear.

6. Third party services

The service connects to platforms we do not control: travel sites, messaging networks, and payment gateways. Your use of those platforms is governed by their own terms, and we are not responsible for their availability, decisions, or fees. If a connected platform changes or withdraws its interfaces, we will work to adapt, but we cannot guarantee uninterrupted connectivity to any specific platform.

7. AI features

The AI concierge drafts replies and answers using your property's information and conversation context. AI output can be wrong or incomplete. You are responsible for reviewing automated and suggested responses, for the accuracy of what is sent to guests, and for configuring escalation to your team where judgment is needed. AI features must not be used to generate unlawful or deceptive content.

8. Availability and support

We work to keep the service available around the clock and schedule maintenance to minimise disruption, but we do not promise uninterrupted operation and no service level agreement applies unless we have signed one with you separately. Support is available by email at hello@qontaktly.com.

9. Intellectual property

Qontaktly and its licensors own the service, including its software, design, and branding. These terms do not transfer any of that ownership to you. You may not use our name or marks without written permission, except to truthfully state that you use Qontaktly. If you send us feedback, we may use it without obligation to you.

10. Termination

You may cancel at any time from the billing settings; cancellation takes effect at the end of the paid period. We may suspend or terminate the agreement if you materially breach these terms and do not cure the breach within 14 days of notice, or immediately for serious abuse, unlawful use, or non payment after the dunning process described above.

After termination you will have 30 days to export your data from the service, after which we delete it according to our retention schedule, except where the law requires longer retention. Sections that by their nature should survive termination, including ownership, liability limits, and governing law, survive.

11. Disclaimers

The service is provided as is and as available. To the maximum extent permitted by law, we disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non infringement. We do not warrant that the service will be error free, that syncing with third party platforms will never fail, or that AI output will be accurate.

12. Limitation of liability

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data. Each party's total aggregate liability under these terms is capped at the fees you paid to Qontaktly in the 12 months before the event giving rise to the claim. Nothing in these terms limits liability that cannot be limited by law, including liability for fraud.

13. Indemnity

You will defend and indemnify Qontaktly against third party claims arising from your content, your treatment of guest data, or your breach of these terms or of applicable law, provided we notify you promptly and let you control the defence.

14. Changes to these terms

We may update these terms from time to time. For material changes we will give you at least 30 days notice by email or through the dashboard, and the changes will apply from your next renewal or the stated effective date, whichever is later. If you do not agree to a change, you may cancel before it takes effect.

15. Governing law and disputes

These terms are governed by the laws of the State of Delaware, United States, and the state and federal courts located in Delaware have exclusive jurisdiction over disputes arising from them, subject to any mandatory consumer or local law protections that apply to you. Before going to court, both parties agree to attempt in good faith to resolve any dispute by contacting the other party directly.

16. Contact

Questions about these terms can be sent to hello@qontaktly.com.