Terms of Service

§ 1 Scope and Definitions

These Terms govern the contractual relationship between AI Automation Agency UG (haftungsbeschränkt), Querstraße 6, 14163 Berlin, Germany (the “Provider”) and the Customer for the use of HotelPulse. HotelPulse is exclusively offered to entrepreneurs as defined in § 14 German Civil Code (B2B).

Definitions:

• “HotelPulse” — the SaaS application at https://hotelpulse.app
• “Property” — an individual hotel/location of the Customer
• “DPA” — Data Processing Agreement per Art. 28 GDPR
• “Apaleo” — the Property Management System operated by Apaleo GmbH (data source)

§ 2 Service Description

HotelPulse provides a cloud-based analytics dashboard for hotel KPIs (occupancy, ADR, RevPAR, pickup pace, channel mix). The data source is exclusively reservation and financial data from the Customer's Apaleo account. The specific feature set depends on the chosen plan (Starter / Pro / Business). Optional modules (e.g. AI Insights, WhatsApp Engagement, Marketing Intelligence) are marked in the customer area.

§ 3 Conclusion of Contract

The contract is concluded by the Provider's acceptance, declared by providing access to the dashboard after successful OAuth connection with the Customer's Apaleo account. For paid plans, the contract becomes binding upon completion of the Stripe checkout process. Contract texts are not stored separately by the Provider; the Customer receives a booking confirmation by email.

§ 4 Pricing, Payment and Price Adjustment

• Billing is per active Property and billing period (monthly or yearly). The applicable prices are those listed at https://hotelpulse.app/pricing at the time of contract conclusion.
• All prices are net of statutory VAT.
• Payment is processed via Stripe. Adding or removing Properties is billed pro-rata.
• The Provider may adjust prices once per calendar year with effect from the next renewal period. Price increases will be announced at least 30 days in advance by email. If the price increases by more than 10%, the Customer has a special right of termination effective on the date of the increase.

§ 5 Term and Termination

• The Starter plan is free of charge with no fixed term and may be terminated at any time by disconnecting the Apaleo account.
• Pro and Business plans on monthly billing automatically renew for one further month unless terminated by the end of the current period.
• Pro and Business plans on yearly billing automatically renew for one further month at the monthly list price unless terminated at least 14 days before expiry.
• Termination occurs via the Stripe Customer Portal or by email to start@aiautomationagency.de. After termination, access continues until the end of the paid period.
• The right to extraordinary termination for cause remains unaffected.

§ 6 Availability and Service Level

The Provider warrants 98.0 % monthly average availability, measured at the dashboard entry (path /dashboard).

• announced maintenance windows (max. 4 hours per month, primarily between 02:00 and 05:00 CET);
• outages of third-party systems (Apaleo, Stripe, hosting providers, AI providers);
• force majeure as defined in § 14;
• attacks on the platform (e.g. DDoS) that could not be repelled by industry-standard measures.

If availability falls below by more than 2 percentage points in a calendar month, the Provider grants a pro-rata service credit equal to the monthly fee for the affected plan, on request.

§ 7 Customer Cooperation Obligations

• maintain a functional Apaleo account and keep OAuth permissions up to date;
• keep credentials confidential and grant employees only appropriate role-based access (OWNER / ADMIN / VIEWER);
• regularly back up own data inserted into HotelPulse that does not originate from Apaleo;
• promptly report detected errors or security incidents to start@aiautomationagency.de.

§ 8 Warranty

• The Provider warrants that HotelPulse substantially conforms to the documented functions in the service description.
• In the event of a non-trivial defect, the Customer is entitled to subsequent performance through removal of the defect within a reasonable period. If subsequent performance fails after two attempts, the Customer may reduce the fee or, in case of significant defects, terminate extraordinarily.
• KPI values are based on data delivered by the Apaleo PMS. Differences with other reports are not a defect of HotelPulse if they result from differing calculation logics; the Provider documents the formulas used.
• Defect claims expire 12 months after dashboard provision.

§ 9 Liability

• The Provider is liable without limitation for intent, gross negligence, fraudulently concealed defects, personal injury and under the German Product Liability Act.
• For ordinary negligence, the Provider is only liable in the event of a breach of essential contractual obligations (cardinal duties). Liability is in this case limited to typical, foreseeable damage, but at most to the net fees paid by the Customer in the 12 months preceding the damaging event.
• For data losses, the Provider is only liable to the extent that they would have occurred even with proper data backup by the Customer.
• KPI calculations, AI forecasts and recommendations are decision aids only and do not constitute a guarantee of future business results. Any further liability is excluded.

§ 10 Data Protection and Processing

Details on data processing are available in the Privacy Policy.

Where enabled modules process personal data of guests or Customer staff on the Customer's behalf, the parties enter into a separate Data Processing Agreement (DPA) per Art. 28 GDPR. The current sub-processor list (in particular Apaleo, Stripe, Vercel, Supabase, Anthropic, Google, Sentry, Meta) is part of the DPA and will be made available on request.

Core analytics is designed around aggregated, minimized and where possible pseudonymized reservation and financial data. Email, WhatsApp, support and export features may process personal data when the hotel actively uses those features.

§ 11 Usage Rights and Anonymized Data

• The Customer retains ownership of its data. The Provider receives the non-exclusive, worldwide, royalty-free right to use Customer data for service performance.
• The Customer additionally grants the Provider the non-exclusive right to use anonymized and aggregated data (without reference to individual guests or individual hotels) for service improvement, statistical market benchmarks and publication in industry studies.

§ 12 Data Export and Deletion

• During the contract term, the Customer may download KPI data at any time via the built-in export (CSV / PDF).
• After contract end, the Provider provides the Customer with a complete CSV export of all historical KPI snapshots for 30 days.
• Subsequently, all customer-related data is deleted within 90 days, unless statutory retention obligations (in particular § 257 HGB, § 147 AO) prevent this.

§ 13 Confidentiality

Both parties undertake to keep all confidential information of the respective other party (in particular trade secrets, occupancy and revenue data, terms) confidential beyond contract termination and to use it only for contractual purposes. Excluded is information that is publicly known, must be legally disclosed, or is used in anonymized aggregate form per § 11.

§ 14 Force Majeure

Neither party is liable for delays or non-performance to the extent they are based on events beyond reasonable control (force majeure). This includes in particular natural disasters, war, official orders, large-scale internet or power outages, pandemics and unavoidable cyber attacks. The affected party informs the other immediately.

§ 15 Amendment of these Terms

The Provider may amend these Terms with effect for the future, provided the amendment does not fundamentally shift the contract. Amendments will be announced at least six weeks before they take effect in text form (e.g. by email). If the Customer does not object within this period, the amended Terms are deemed accepted; this consequence will be pointed out in the notification. In case of objection, either party may terminate the contract effective on the date of effectiveness.

§ 16 Final Provisions

• The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
• Exclusive place of jurisdiction for merchants is Berlin.
• Place of performance is the Provider's registered office.
• Amendments and supplements to this contract require text form (§ 126b BGB).
• Setoff and retention are only permitted with undisputed or finally adjudicated counterclaims.
• The Customer may transfer rights and obligations under this contract to third parties only with prior written consent of the Provider.
• Should individual provisions be invalid, the validity of the remaining provisions remains unaffected.