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. Please read them carefully.

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 is a Software-as-a-Service (SaaS) platform that provides cloud-based guest feedback and survey management tools designed for hospitality businesses, including hotels, restaurants, spas, tour operators, event venues, and vacation rentals. Our services include:

• Survey creation, customization, and distribution tools
• QR code generation for on-site feedback collection
• Automated email campaign management
• Real-time analytics, reporting dashboards, and insights
• AI-powered sentiment analysis and topic modeling
• Multi-language support for survey responses
• Staff and property performance tracking
• Integration with review platforms and third-party services

3. Account Registration

3.1 Eligibility

You must be at least 18 years old and have the legal authority to enter into these Terms on behalf of yourself or your business. By using our services, you represent and warrant that you meet these requirements.

3.2 Account Information

You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your information to keep it accurate and current
• Maintain the security and confidentiality of your account credentials
• Notify us immediately of any unauthorized access or security breach
• Accept full responsibility for all activities that occur under your account
• Not share your account credentials with unauthorized third parties

4. Subscription Plans, Payment, and Billing

4.1 Subscription Plans

We offer various subscription plans (Starter, Professional, Enterprise) with different features, usage limits, and pricing tiers. Current plans and pricing are displayed on our Pricing page and may be updated from time to time with notice to existing subscribers.

4.2 Billing Terms

By subscribing to a paid plan, you agree to:

• Pay all fees associated with your chosen subscription plan
• Provide valid, current payment information
• Authorize us to charge your payment method on a recurring basis (monthly or annually)
• Pay any applicable taxes, duties, or government-imposed fees
• Update your payment information promptly if it changes

4.3 Automatic Renewal

Subscriptions automatically renew at the end of each billing period (monthly or annually) unless you cancel before the renewal date. You will be charged at the then-current rate for your plan. We will provide reasonable notice of any price increases for your subscription.

4.4 Free Pilot Program

We offer a 60-day free pilot program to qualifying new customers. During the pilot period:

• No credit card is required to start the pilot
• You have full access to features available in your selected plan tier
• No charges are applied during the 60-day pilot period
• You may cancel at any time during the pilot without any fees or obligations
• After the pilot period, billing begins automatically unless you cancel
• You will be notified before billing commences and given the opportunity to cancel

4.5 Early Access Pricing

Customers who join during our early access period may receive promotional pricing (such as 50% off) for a specified period (typically 12 months). The promotional rate will apply for the stated duration, after which standard pricing will take effect. Early access terms will be clearly communicated at the time of subscription.

4.6 Cancellation and Refunds

You may cancel your subscription at any time. Cancellations take effect at the end of the current billing period, and you will retain access to services until that date.

Refund Policy:

• 30-Day Money-Back Guarantee: If you cancel within the first 30 days of your initial paid subscription (after any pilot period), we will provide a full refund of fees paid.
• After 30 Days: We do not provide refunds for partial months, unused portions of your subscription, or cancellations made after the 30-day guarantee period, except as required by applicable law.
• Annual Plans: Annual subscriptions are eligible for the 30-day money-back guarantee. After 30 days, no refunds are provided for the remaining subscription period.

4.7 Late Payments and Failed Charges

If a payment fails or your account becomes past due, we reserve the right to suspend or terminate your access to services until payment is received. You remain responsible for all fees incurred during any suspension period.

4.8 Overage Charges

If you exceed the usage limits of your plan (such as survey response limits), we may charge additional fees as specified on our Pricing page (typically $0.10 per additional response). You will be notified when approaching your limits.

5. Acceptable Use Policy

You agree not to use our services to:

• Engage in any illegal, fraudulent, or unauthorized activities
• Violate any applicable laws, regulations, or third-party rights
• Send spam, unsolicited communications, or fraudulent surveys
• Generate, distribute, or solicit fake reviews or fraudulent feedback
• Collect personal information without proper consent or legal authorization
• Harass, abuse, threaten, or discriminate against any person
• Interfere with, disrupt, or damage our services, servers, or networks
• Attempt to gain unauthorized access to our systems or user accounts
• Reverse engineer, decompile, disassemble, or attempt to derive source code from our software
• Remove, alter, or obscure any proprietary notices, labels, or trademarks
• Use our services to develop, offer, or market competing products or services
• Share your account credentials with unauthorized third parties
• Upload or distribute viruses, malware, or other harmful code
• Violate any applicable data protection or privacy laws (including GDPR, CCPA)

We reserve the right to investigate any suspected violations and take appropriate action, including suspension or termination of your account.

6. Data Ownership, Privacy, and Security

6.1 Your Data Ownership

You retain all ownership rights to the data you collect through our services, including survey responses, guest feedback, and customer information ("Your Data"). You are solely responsible for:

• Obtaining all necessary consents and authorizations from survey respondents
• Complying with all applicable data protection and privacy laws
• Ensuring the accuracy, legality, and appropriateness of data you collect
• Maintaining appropriate security measures for sensitive data
• Your use of data collected through our platform

6.2 GuestMetrix's Limited License to Your Data

You grant GuestMetrix a limited, non-exclusive, royalty-free license to access, process, store, and use Your Data solely to:

• Provide, maintain, and improve our services
• Perform analytics and generate insights for your account
• Create aggregated, anonymized analytics and benchmarking data
• Comply with legal obligations and respond to lawful requests
• Protect the security and integrity of our platform

We will not sell Your Data to third parties or use it for advertising purposes.

6.3 Privacy and Data Protection

Our collection, use, and protection of personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference. We implement reasonable security measures to protect data, but cannot guarantee absolute security. You acknowledge that you use our services at your own risk.

6.4 GDPR and Data Protection Compliance

For users subject to the General Data Protection Regulation (GDPR) or similar data protection laws, we will act as a data processor on your behalf. You are the data controller responsible for compliance with applicable laws. We will cooperate with your reasonable requests to facilitate compliance, including data subject rights requests.

6.5 Data Backup, Export, and Retention

We perform regular backups of Your Data for disaster recovery purposes. 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 permanently deleted from our systems. After 30 days, we have no obligation to retain or provide Your Data.

7. Intellectual Property Rights

7.1 GuestMetrix Intellectual Property

All rights, title, and interest in and to the GuestMetrix platform, services, software, technology, trademarks, logos, and related intellectual property are and will remain the exclusive property of GuestMetrix. These Terms do not grant you any ownership rights or licenses to our intellectual property except as expressly stated.

7.2 Limited License to Use Services

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our services for your internal business purposes during your subscription period.

7.3 Feedback and Suggestions

If you provide us with feedback, suggestions, ideas, or recommendations about our services ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such Feedback into our services without any obligation or compensation to you.

8. Service Availability, Modifications, and Support

8.1 Service Availability

We strive to maintain high availability of our services but do not guarantee uninterrupted, error-free, or secure access. We may perform scheduled maintenance with advance notice when possible. We are not liable for any downtime, service interruptions, or data loss.

8.2 Service Modifications

We reserve the right to modify, update, suspend, or discontinue any part of our services at any time, with or without notice. We may add or remove features, change functionality, or alter pricing. We are not liable to you or any third party for any modification, suspension, or discontinuation of services.

8.3 Customer Support

Support is provided according to your subscription plan tier. Support channels, hours, and response times vary by plan (email support for Starter, priority email for Professional, phone and priority support for Enterprise). We will make reasonable efforts to respond to support requests but do not guarantee specific response times.

9. Warranties and Disclaimers

9.1 Your Warranties

You represent and warrant that:

• You have the legal right and authority to use our services and accept these Terms
• Your use of our services complies with all applicable laws and regulations
• You have obtained all necessary consents and authorizations for data collection
• Your content and data do not infringe, violate, or misappropriate any third-party rights
• You will not use our services for any unlawful or prohibited purposes

9.2 "AS IS" Disclaimer

IMPORTANT: 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
• NON-INFRINGEMENT
• TITLE
• ACCURACY, RELIABILITY, OR COMPLETENESS OF RESULTS

9.3 No Guaranteed Results

CRITICAL DISCLAIMER: WE MAKE NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES REGARDING:

• Improvements to your business performance, revenue, or profitability
• Increases in customer satisfaction, review ratings, or online reputation
• Specific outcomes, results, or business impacts from using our services
• Prevention of negative reviews or customer complaints
• Achievement of any particular level of guest feedback or response rates

RESULTS DEPEND ON MANY FACTORS OUTSIDE OUR CONTROL, INCLUDING YOUR BUSINESS OPERATIONS, SERVICE QUALITY, MARKET CONDITIONS, AND CUSTOMER BEHAVIOR. YOUR USE OF OUR SERVICES AND ANY RESULTING OUTCOMES ARE ENTIRELY AT YOUR OWN RISK.

10. Limitation of Liability

10.1 Exclusion of Consequential Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GUESTMETRIX, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, REVENUE, BUSINESS, OR ANTICIPATED SAVINGS
• LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES
• BUSINESS INTERRUPTION OR DOWNTIME
• DAMAGE TO REPUTATION OR BRAND
• COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES

THIS EXCLUSION APPLIES REGARDLESS OF THE LEGAL THEORY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.2 Cap on Total Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO GUESTMETRIX IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

IF YOU HAVE NOT PAID US ANY FEES (SUCH AS DURING A FREE PILOT PERIOD), OUR TOTAL LIABILITY SHALL NOT EXCEED $100 USD.

10.3 Essential Basis of the Bargain

You acknowledge and agree that these limitations of liability are fundamental elements of the agreement between you and GuestMetrix, and that we would not provide the services without these limitations.

11. Indemnification

You agree to indemnify, defend (at our option), and hold harmless GuestMetrix and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising from or related to:

• Your use or misuse of our services
• Your violation of these Terms or any applicable laws
• Your violation of any rights of another party, including intellectual property rights, privacy rights, or contractual rights
• Your Data, content, or materials
• Your collection, use, or processing of personal data through our platform
• Your failure to obtain necessary consents or authorizations
• Any claims made by your customers, guests, or survey respondents

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification, in which case you agree to cooperate with our defense.

12. Confidentiality

Both parties agree to maintain the confidentiality of any confidential or proprietary information disclosed by the other party during the course of the business relationship. Confidential information includes, but is not limited to, business plans, technical data, customer information, and pricing. This obligation survives termination of these Terms for a period of three (3) years.

13. Account Termination

13.1 Termination by You

You may terminate your account and subscription at any time by canceling through your account settings or contacting our support team. Cancellation takes effect at the end of the current billing period.

13.2 Termination by GuestMetrix

We reserve the right to suspend or terminate your account immediately, with or without notice, if:

• You violate these Terms or our Acceptable Use Policy
• Your payment fails or your account is past due for more than 15 days
• We are required to do so by law or legal process
• Your use of services poses a security or legal risk
• We discontinue our services (with reasonable notice)
• We detect fraudulent, abusive, or illegal activity

13.3 Effect of Termination

Upon termination of your account:

• Your right to access and use our services immediately ceases
• You will have 30 days to export Your Data through the platform
• We may delete Your Data after the 30-day export period
• You remain liable for all fees and charges incurred prior to termination
• No refunds will be provided except as specified in Section 4.6
• Provisions that by their nature should survive (including warranties, indemnification, limitation of liability, and dispute resolution) will continue to apply

14. Dispute Resolution and Governing Law

14.1 Informal Resolution

Before initiating any formal legal proceedings, you agree to contact us at legal@guestmetrix.com to attempt to resolve the dispute informally. We will make good-faith efforts to resolve disputes amicably within 30 days.

14.2 Governing Law

These Terms and any disputes arising out of or related to these Terms or our services shall be governed by and construed in accordance with the laws of Singapore, without regard to its conflict of law principles.

14.3 Jurisdiction and Venue

Any disputes that cannot be resolved informally shall be subject to the exclusive jurisdiction of the courts of Singapore. You consent to the personal jurisdiction and venue of such courts and waive any objection to jurisdiction or venue.

14.4 Arbitration (Optional)

By mutual written agreement, parties may elect to resolve disputes through binding arbitration under the Singapore International Arbitration Centre (SIAC) rules, with the arbitration conducted in English. The decision of the arbitrator shall be final and binding.

14.5 Class Action Waiver

To the extent permitted by law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any additional terms provided at the time of purchase or registration, constitute the entire agreement between you and GuestMetrix regarding our services and supersede all prior agreements, representations, and understandings.

15.2 Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

• Sending an email to the address associated with your account
• Posting a notice on our website or within our services
• Updating the "Last Updated" date at the top of these Terms

Your continued use of our services after such notification constitutes acceptance of the modified Terms. If you do not agree to the changes, you must cancel your account.

15.3 Waiver

Our failure to enforce any provision of these Terms, or to exercise any right or remedy, does not constitute a waiver of that provision, right, or remedy. Any waiver must be in writing and signed by an authorized representative of GuestMetrix.

15.4 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

15.5 Assignment

You may not assign, transfer, or delegate these Terms or your rights and obligations hereunder without our prior written consent. Any attempted assignment in violation of this provision is void. We may freely assign or transfer these Terms without restriction, including in connection with a merger, acquisition, reorganization, or sale of assets.

15.6 Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond their reasonable control, including acts of God, natural disasters, terrorism, war, epidemics, government actions, internet outages, or telecommunications failures.

15.7 Export Compliance

You agree to comply with all applicable export control laws and regulations. You may not use our services if you are located in, or a national of, any country subject to embargo or trade restrictions.

15.8 Independent Contractors

The parties are independent contractors. These Terms do not create a partnership, joint venture, agency, employment, or franchise relationship between the parties.

15.9 Third-Party Services

Our services may integrate with or link to third-party services, websites, or applications. We are not responsible for the availability, content, privacy practices, or terms of service of any third-party services. Your use of third-party services is at your own risk.

16. Contact Information

If you have any questions, concerns, or requests regarding these Terms, please contact us:

• Legal Inquiries: legal@guestmetrix.com
• Customer Support: support@guestmetrix.com
• Website: https://guestmetrix.com