Terms of Service

Last updated: July 23, 2025

1. Acceptance of Terms

By downloading, installing or using SmartStay POS (the “Software”), you (“User”) agree to be bound by these Terms of Service (“Terms”). If you do not accept these Terms, do not install or use the Software.

2. Definitions

• “Software” means the SmartStay POS application and any updates or patches provided by us.
• “Services” means any support, maintenance or related services offered.
• “We”, “Us” or “Our” refers to SmartStay GmbH, the licensor of this Software.
• “User Data” means any data entered or generated by the User while using the Software.

3. License

We grant you a limited, non‑exclusive, non‑transferable, revocable license to use the Software for your internal hotel operations. You may install and run one copy of the Software per licensed device.

4. Restrictions

You shall not:

• Reverse engineer, decompile, or disassemble the Software;
• Modify, adapt or create derivative works;
• Distribute, rent, lease, sell, sublicense or otherwise transfer rights to the Software;
• Remove any proprietary notices or labels.

5. Updates and Support

We may, at our discretion, provide updates or patches to the Software. Support is provided via email at support@smartstay-pos.com during business hours (Mon–Fri, 09:00–17:00 CET).

6. User Responsibilities

User is responsible for:

• Ensuring compatible hardware and system requirements;
• Backing up User Data regularly;
• Maintaining the security of their login credentials;
• Complying with applicable data protection laws.

7. Privacy and Data

Our Privacy Policy governs how we collect and use personal data. By using the Software, you consent to data collection as described there.

8. Warranty Disclaimer

The Software is provided “AS IS,” without warranty of any kind. To the fullest extent permitted by law, we disclaim all warranties, whether express, implied, statutory or otherwise, including warranties of merchantability, fitness for a particular purpose, non‑infringement, and any warranties arising from course of performance, course of dealing, or usage in trade.

9. Limitation of Liability

Under no circumstances shall SmartStay GmbH, its affiliates, officers, employees or agents be liable for:

• Any indirect, incidental, special, punitive or consequential damages;
• Loss of profits, revenue, data, or business opportunities;
• Any claim by a third party.

Furthermore, we are not held responsible for any loss—financial, operational, or otherwise—incurred as a result of using, failing to use, or inability to use the Software.

10. Indemnification

You agree to defend, indemnify and hold harmless SmartStay GmbH from any claims, damages, liabilities, costs and expenses (including reasonable attorneys’ fees) arising out of your breach of these Terms or your use of the Software.

11. Termination

These Terms remain in effect until terminated. We may terminate or suspend your license immediately if you breach any provision. Upon termination, you must cease all use and delete all copies of the Software.

12. Governing Law & Dispute Resolution

These Terms are governed by the laws of Germany without regard to conflict of laws principles. Any dispute shall be resolved in the competent courts of Berlin, Germany.

13. Changes to Terms

We may update these Terms from time to time. The “Last updated” date will reflect the revision. Continued use after changes constitutes acceptance.

14. Contact Us

For questions about these Terms, please email support@smartstay-pos.com.