Terms of Service

These Terms of Service ("Terms") govern your access to and use of GuestMetrix's guest feedback platform and services. By accessing or using our services, you agree to be bound by these Terms.

1. Acceptance of Terms

By creating an account, accessing our website, or using our services, you agree to comply with and be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not use our services.

2. Description of Service

GuestMetrix provides a cloud-based guest feedback and survey platform designed for hospitality businesses, including:

• Survey creation and customization tools
• QR code generation for feedback collection
• Email campaign management
• Analytics and reporting dashboards
• Sentiment analysis and topic modeling
• Staff performance tracking

3. Account Registration

3.1 Eligibility

You must be at least 18 years old and have the authority to enter into these Terms on behalf of your business to use our services.

3.2 Account Information

You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and update your information to keep it accurate and current
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized access to your account
• Accept responsibility for all activities that occur under your account

4. Subscription and Payment

4.1 Subscription Plans

We offer various subscription plans with different features and pricing. Current plans and pricing are available on our Pricing page.

4.2 Billing

By subscribing to a paid plan, you agree to:

• Pay all fees associated with your subscription
• Provide valid payment information
• Authorize us to charge your payment method on a recurring basis
• Pay any applicable taxes

4.3 Automatic Renewal

Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. You will be charged at the then-current rate.

4.4 Cancellation and Refunds

You may cancel your subscription at any time. Cancellations take effect at the end of the current billing period. We do not provide refunds for partial months or unused portions of your subscription, except as required by law.

4.5 Free Trials and Promotions

We may offer free trials or promotional pricing. These offers are subject to additional terms and conditions, which will be provided at the time of the offer.

5. Acceptable Use

You agree not to:

• Use our services for any illegal or unauthorized purpose
• Violate any laws, regulations, or third-party rights
• Send spam, unsolicited communications, or fraudulent surveys
• Collect personal information without proper consent
• Interfere with or disrupt our services or servers
• Attempt to gain unauthorized access to our systems
• Reverse engineer, decompile, or disassemble our software
• Remove or alter any proprietary notices or labels
• Use our services to compete with us or build a similar product
• Share your account credentials with others

6. Data Ownership and Usage

6.1 Your Data

You retain all rights to the data you collect through our services, including survey responses and guest feedback. You are responsible for:

• Obtaining necessary consents from survey respondents
• Complying with applicable data protection laws
• Ensuring the accuracy and legality of data you collect
• Maintaining appropriate security measures for your data

6.2 Our Rights

You grant us a limited license to use your data to:

• Provide and improve our services
• Generate aggregated, anonymized analytics and insights
• Comply with legal obligations

6.3 Data Backup and Export

We perform regular backups of your data. You can export your data at any time through our platform. Upon account termination, you have 30 days to export your data before it is deleted.

7. Intellectual Property

7.1 Our IP

All rights, title, and interest in and to our services, including all intellectual property rights, are and will remain our exclusive property. These Terms do not grant you any rights to our trademarks, logos, or brand elements.

7.2 Feedback

If you provide us with feedback, suggestions, or ideas about our services, you grant us the right to use them without any obligation or compensation to you.

8. Service Availability and Support

8.1 Uptime

We strive to maintain high availability of our services but do not guarantee uninterrupted access. We may perform scheduled maintenance with advance notice when possible.

8.2 Support

Support is provided according to your subscription plan. Support hours, response times, and channels vary by plan tier.

8.3 Service Modifications

We reserve the right to modify, suspend, or discontinue any part of our services at any time, with or without notice. We are not liable for any modification, suspension, or discontinuation of our services.

9. Confidentiality

Both parties agree to maintain the confidentiality of any confidential information disclosed during the course of using our services. This obligation survives termination of these Terms.

10. Warranties and Disclaimers

10.1 Your Warranties

You warrant that:

• You have the right to use our services
• Your use complies with all applicable laws
• You have obtained necessary consents for data collection
• Your content does not infringe third-party rights

10.2 Disclaimer

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL GUESTMETRIX BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

12. Indemnification

You agree to indemnify, defend, and hold harmless GuestMetrix and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses arising out of or related to:

• Your use of our services
• Your violation of these Terms
• Your violation of any rights of another party
• Your data or content

13. Termination

13.1 By You

You may terminate your account at any time by canceling your subscription through your account settings or contacting support.

13.2 By Us

We may suspend or terminate your account if:

• You violate these Terms
• Your payment fails or your account is past due
• We are required to do so by law
• We discontinue our services

13.3 Effect of Termination

Upon termination:

• Your right to use our services immediately ceases
• You will have 30 days to export your data
• We may delete your data after the export period
• Provisions that should survive termination will continue to apply

14. Dispute Resolution

14.1 Informal Resolution

Before filing a claim, you agree to contact us at legal@guestmetrix.com to attempt to resolve the dispute informally.

14.2 Governing Law

These Terms are governed by the laws of Singapore, without regard to conflict of law principles.

14.3 Jurisdiction

Any disputes arising out of or related to these Terms or our services shall be subject to the exclusive jurisdiction of the courts of Singapore.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and GuestMetrix regarding our services.

15.2 Amendments

We may modify these Terms at any time. We will notify you of material changes by email or through our services. Your continued use after changes constitutes acceptance of the modified Terms.

15.3 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.

15.4 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

15.5 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction.

15.6 Force Majeure

We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control.

16. Contact Information

If you have any questions about these Terms, please contact us:

• Email: legal@guestmetrix.com
• Support: support@guestmetrix.com