Terms of Service

GUESTIVO PLATFORM

Version: 1.0 Effective date: 10.03.2026 Last updated: March 2026

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TABLE OF CONTENTS

1. General Provisions
2. Definitions
3. Type and Scope of Services
4. Technical Requirements
5. Terms of Contract Conclusion
6. User Account
7. Fees and Payments
8. Client Obligations
9. Prohibition of Unlawful Content
10. Intellectual Property Rights
11. Personal Data Protection
12. Liability
13. Contract Termination
14. Complaint Procedure
15. Amendments to Terms of Service
16. Final Provisions

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1. GENERAL PROVISIONS

1.1 Service Provider

These Terms of Service set forth the rules for the provision of electronic services by:

Guestivo sp. z o.o. ul. Łęczycka 4/3 53-632 Wrocław NIP (Tax ID): 8952299447 REGON: 543938450 KRS (National Court Register): 0001221700 Share capital: PLN 5,000

hereinafter referred to as the "Service Provider" or "Guestivo".

1.2 Contact

• E-mail: support@guestivo.pl
• Website: www.guestivo.pl
• Point of contact (DSA): support@guestivo.pl (point of contact within the meaning of Art. 12 of the Digital Services Act)

1.3 Legal Basis

These Terms of Service have been prepared in accordance with:

• The Act of 18 July 2002 on the Provision of Electronic Services (consolidated text: Journal of Laws of 2020, item 344)
• The Act of 23 April 1964, the Civil Code (consolidated text: Journal of Laws of 2023, item 1610)
• Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR)

1.4 Acceptance of Terms of Service

Use of the Guestivo Platform requires acceptance of these Terms of Service and the Privacy Policy. Failure to accept prevents the use of the Service.

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2. DEFINITIONS

Whenever these Terms of Service refer to:

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3. TYPE AND SCOPE OF SERVICES

3.1 Service Description

Guestivo provides a SaaS (Software as a Service) platform service for hotel management, comprising:

Admin Panel (for Staff)

• Restaurant order management
• Handling guest service requests
• Restaurant menu management
• QR code generation and management
• Room and reservation management
• Housekeeping (cleaning management)
• Live chat with guests
• Statistics and reports
• Hotel transfer management
• Late checkout handling
• Guest guide management
• PMS and digital lock integrations
• Hotel settings management

Guest Pages (for Hotel Guests)

• Browsing the menu and placing orders
• Submitting service requests
• Booking transfers
• Late checkout requests
• Chat with reception
• Access to the guest guide
• WiFi information
• Digital lock control (if configured)

3.2 Billing Models

The Service is offered under two billing models at the same per-room price. All features are included in both models:

A detailed description of features and pricing can be found at https://guestivo.pl/pl#pricing.

The Client may change the billing model at any time through the Admin Panel. The change takes effect from the next billing period.

Regardless of the selected billing model, additional fees for the use of third-party services (e.g., digital locks, identity document verification) are charged according to the current price list and settled monthly.

3.3 External Integrations

The Platform enables integration with:

• PMS systems (e.g., Apaleo)
• Digital locks (via Seam.co)
• Payment gateways (Tpay or Stripe)
• Communication services (WhatsApp)

All integrations are available in both Start and Pro models.

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4. TECHNICAL REQUIREMENTS

4.1 Minimum Requirements

The following are required for proper use of the Platform:

4.2 Requirements for Guest Pages

Hotel guests may use Guest Pages using:

• A modern mobile browser
• An Internet connection
• Optionally, a camera for scanning QR codes

4.3 Infrastructure Responsibility

The Client is responsible for providing adequate technical infrastructure (computers, Internet access) for their Staff.

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5. TERMS OF CONTRACT CONCLUSION

5.1 Contract Conclusion

The Service Contract is concluded upon the cumulative fulfillment of the following conditions:

1. Completion of the Account registration process
2. Acceptance of these Terms of Service
3. Acceptance of the Privacy Policy
4. Selection of a pricing plan and making the first payment (if applicable)

5.2 Registration Process

1. The Client fills out the registration form providing the required data
2. The Client accepts the Terms of Service and the Privacy Policy
3. The Client verifies their e-mail address
4. The Client completes the hotel configuration wizard
5. The Client selects a pricing plan

5.3 Trial Period

The Service Provider may offer a trial period in accordance with the current offer. Details of the trial period are communicated during registration.

5.4 Contract Duration

The Contract is concluded for an indefinite period, subject to the provisions on Contract termination (§14).

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6. USER ACCOUNT

6.1 Owner Account

1. The person registering a Hotel on the Platform becomes the Owner of that Hotel
2. The Owner has full administrative privileges, including Subscription management
3. The Owner may have access to a maximum of 5 Hotels

6.2 Additional User Accounts

1. The Owner may invite additional users to use the Platform
2. The Owner independently determines the roles and permissions of invited users
3. Each user has an individual Account
4. Sharing login credentials is prohibited
5. The Owner is responsible for the actions of invited users

6.3 Account Security

The Client undertakes to:

• Maintain the confidentiality of login credentials
• Not share the Account with unauthorized persons
• Immediately notify the Service Provider of any suspected unauthorized access
• Regularly update their password

6.4 User Account Deletion

Users (other than the Owner) may delete their Account through the settings page. Deletion involves data anonymization.

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7. FEES AND PAYMENTS

7.1 Billing Model

The Service is billed according to the selected billing model (§ 3.2):

a) Start:

• Fixed monthly fee charged per hotel room
• Monthly billing
• Currency: PLN, EUR, or USD (determined at registration, unchangeable)
• Core Platform features included; guest portal in read-only mode (no ordering). Features dependent on external providers, in-rollout features, and additional service fees are described separately below.

b) Pro:

• Same fixed monthly fee per hotel room as Start
• Monthly billing
• Currency: PLN, EUR, or USD (determined at registration, unchangeable)
• Core Platform features included; guest portal in full mode (ordering enabled). Features dependent on external providers, in-rollout features, and additional service fees are described separately below.
• Additionally, a commission of 5% on the value of all guest transactions placed through the Platform
• Commission charged regardless of the payment method selected by the guest (online, cash, hotel bill)

c) Fees for additional services (regardless of model):

• Certain Platform features utilize third-party external services. Fees for these services are charged according to the current price list.
• The current list of features subject to additional fees along with their prices is available in the Admin Panel on the subscription management page, in the "Usage Fees" section. Prices may change.
• Fees are charged monthly based on actual usage and included in the invoice for the given billing period.

7.2 Price List

The current price list is available at https://guestivo.pl/pl#pricing. Prices are stated as net values (excluding VAT). The Service Provider reserves the right to change commission rates and fees for additional services, of which the Client will be notified with appropriate advance notice.

7.3 Payment Methods

1. Payments for Subscriptions and commissions are processed by the external payment operator Stripe, Inc.
2. Available payment methods include payment cards
3. Guestivo does not process or store payment card data — they are handled exclusively by Stripe
4. Any complaints regarding payment processing should be directed to the Stripe operator in accordance with its terms of service

7.4 Invoices

• VAT invoices are issued automatically after each billing period
• Invoices are available in the Admin Panel
• Invoices may be sent to the designated e-mail address
• Under the Pro model, the invoice includes the commission charged based on transactions from the given month
• The invoice also includes fees for additional services charged during the given billing period (§ 7.1c)

7.5 Non-Payment

In the event of non-payment:

1. The Service Provider may send reminders about the upcoming payment deadline
2. After the Subscription expires — access to the Platform is restricted
3. After the grace period expires — the Service is suspended

7.6 Refunds

Subscription fees are non-refundable, except in cases where the Service Provider terminates the Contract with a notice period (§ 13.2 item 1) — in such case, the Client will receive a proportional refund for the unused period.

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8. CLIENT OBLIGATIONS

8.1 General Obligations

The Client undertakes to:

1. Use the Platform in accordance with the Terms of Service and applicable law
2. Provide truthful and current data during registration
3. Update data in the event of changes
4. Make timely payments
5. Ensure the security of access credentials
6. Not share the Account with unauthorized persons

8.2 Obligations Regarding Personal Data

The Client, as the Data Controller of hotel guest data, undertakes to:

1. Process personal data in accordance with the GDPR
2. Have a legal basis for processing guest data
3. Inform guests about the processing of their data
4. Fulfill the rights of data subjects
5. Conclude a data processing agreement with the Service Provider

8.3 Obligations Regarding Guest Payments

If the Client uses online payment features for guests:

1. The Client is responsible for the correct configuration of the payment gateway
2. The Client bears responsibility for settlements with guests
3. Guestivo is not a party to transactions between the Hotel and guests

8.4 Reasonable Use of Platform Features (Fair Use)

1. Certain Platform features (in particular: AI Concierge, menu digitization, identity document verification) involve costs of external services borne by the Service Provider.
2. The Client undertakes to use these features in accordance with their intended purpose and in a reasonable manner.
3. In the event that unusually high or unjustified usage of a given feature is detected, significantly deviating from the average usage level, the Service Provider:
   • Will, where possible, contact the Client to clarify the situation
   • Reserves the right to temporarily limit or block access to the given feature for the Client's Hotel
4. Limitation or blocking of a feature does not constitute a breach of the Contract by the Service Provider and does not entitle the Client to a reduction in Subscription fees.
5. The Service Provider will restore access to the feature after clarification of the situation or upon agreeing on terms for continued use.

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9. PROHIBITION OF UNLAWFUL CONTENT

9.1 Prohibited Content

The Client is prohibited from providing and transmitting through the Platform content that:

1. Violates Polish or international law
2. Infringes the rights of third parties
3. Contains pornographic content or promotes violence
4. Contains malicious software
5. Constitutes spam or unsolicited commercial information
6. Violates good morals

9.2 Consequences of Violation

In the event of violations, the Service Provider may:

1. Request the removal of content
2. Remove unlawful content
3. Block the Account temporarily or permanently
4. Terminate the Contract with immediate effect

9.3 Reporting Illegal Content

1. Any suspicions regarding illegal content or content non-compliant with the Terms of Service may be reported to: support@guestivo.pl

2. A report should contain:

   • Identification of the content in question
   • Justification for why the content is illegal or non-compliant with the Terms of Service
   • Contact details of the reporting party

3. The Service Provider will review the report and inform the reporting party of the actions taken.

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10. INTELLECTUAL PROPERTY RIGHTS

10.1 Service Provider's Ownership

All rights to the Platform, including:

• Source code
• Algorithms and technical solutions
• User interface
• Graphic materials
• Trademarks
• Documentation

belong to the Service Provider or entities that have granted licenses to the Service Provider.

10.2 License for the Client

1. The Service Provider grants the Client a non-exclusive, non-transferable license to use the Platform for the duration of the Contract
2. The license covers only the use of the Platform in accordance with its intended purpose
3. The license does not include the right to modify, decompile, or reverse-engineer

10.3 Client's Data

Data entered by the Client into the Platform (including menu content, configurations, guest data) remains the property of the Client.

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11. PERSONAL DATA PROTECTION

11.1 Processing Roles

Note: The term "Data Controller" in this section refers to the Controller of personal data within the meaning of Art. 4(7) of the GDPR (the entity determining the purposes and means of data processing), not the user of the Platform's Administration Panel.

11.2 Data Processing Agreement

For hotel guest data, the Parties shall conclude a data processing agreement in accordance with Art. 28 of the GDPR. The Data Processing Agreement constitutes an integral part of these Terms of Service and is concluded upon acceptance of the Terms of Service.

11.3 Processing Details

Detailed information about personal data processing is contained in the Privacy Policy available at https://guestivo.pl/pl/privacy-policy.

11.4 Data Breaches

1. The Service Provider will notify the Client of a data breach without undue delay
2. The Client undertakes to report breaches to the relevant Data Protection Authority in accordance with applicable regulations

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12. LIABILITY

12.1 Service Provider's Liability

The Service Provider shall exercise due diligence to ensure the proper functioning of the Platform.

12.2 Limitation of Liability

The Service Provider's liability is limited as follows:

1. Total liability of the Service Provider towards the Client for non-performance or improper performance of the Contract is limited to the amount of fees paid by the Client in the 12 months preceding the event giving rise to the claim

2. The Service Provider shall not be liable for:

   • Lost profits (lucrum cessans)
   • Indirect or consequential damages
   • Damages resulting from force majeure (§ 16.6)
   • Damages resulting from improper use of the Platform by the Client
   • Damages resulting from acts or omissions of third parties, including external providers (Microsoft Azure, Auth0, Stripe, Tpay, Seam.co, Apaleo)
   • Interruptions caused by maintenance or updates
   • Platform unavailability caused by failures of infrastructure or external service providers

12.3 Exclusions from Limitation

The limitation of liability does not apply to:

• Damages caused by willful misconduct
• Damages resulting from gross negligence
• Breaches of personal data protection regulations

12.4 Client's Liability

The Client bears full responsibility for:

1. Content entered into the Platform
2. The manner in which Staff uses the Platform
3. Relations with hotel guests
4. Compliance of guest data processing with applicable law

12.5 Services Using Artificial Intelligence

1. The Platform may provide features utilizing artificial intelligence (e.g., AI Concierge chatbot).

2. AI-generated responses are solely informational and auxiliary in nature. The Service Provider does not guarantee their correctness, completeness, or suitability for a specific purpose.

3. The Service Provider shall not be liable for:

   • The content of responses generated by AI systems
   • Decisions made based on information obtained from AI
   • Damages resulting from the use of AI responses

4. The Client is responsible for verifying information obtained from AI before passing it on to hotel guests, if such information affects the services provided.

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13. CONTRACT TERMINATION

13.1 Termination by the Client

1. The Client may terminate the Contract at any time
2. Termination is submitted through the Admin Panel or by e-mail
3. Termination takes effect at the end of the current billing period
4. Fees for the unused period are non-refundable (for entrepreneurs)

13.2 Termination by the Service Provider

The Service Provider may terminate the Contract:

1. With a 30-day notice period — without stating a reason, provided that the Client receives a proportional refund for the unused period (§ 7.6)

2. With immediate effect — exclusively in the following cases:

   • The Client has committed a material breach of the Terms of Service despite being called upon to cease the violations with a 7-day deadline
   • The Client uses the Platform for activities contrary to law
   • The Client makes attempts at unauthorized access to Guestivo systems
   • The Client has not settled payments despite 30 days having elapsed from the payment deadline and two payment demands having been issued
   • The Client introduces content that exposes Guestivo to legal liability towards third parties
   • The Client systematically undertakes actions aimed at circumventing the commission or transaction fee calculation mechanism, in particular by: deliberately canceling orders after their fulfillment, deleting or modifying guest activity records, fulfilling orders outside the Platform to avoid transaction registration, or other actions resulting in understating the value of transactions constituting the basis for calculating due fees. Isolated, justified cancellations or corrections arising from regular hotel operations do not constitute a breach of this provision. In the event of detection of such actions, the Service Provider will present the Client with documentation indicating the challenged activities along with justification. The assessment of whether given actions constitute deliberate circumvention of the commission mechanism rests exclusively with the Service Provider and is final.

In the event of termination with immediate effect, the Service Provider will inform the Client of the reasons for termination in writing (e-mail).

13.3 Hotel Deletion by Owner

1. The Owner may at any time submit a request to delete the Hotel from the Platform
2. The request requires confirmation by entering the Hotel name
3. Submitting a request to delete a Hotel is equivalent to:
   • Termination of the Contract by the Client
   • Waiving the right to a refund for the unused Subscription period
4. After submitting the request, a 72-hour cooling-off period begins, during which:
   • The request can be canceled without consequences
   • The Service operates normally
5. After the cooling-off period expires:
   • Access to the Admin Panel is immediately blocked
   • Guest Pages for that Hotel cease to function

13.4 Data Retention After Contract Termination

1. After Contract termination (regardless of the reason), Hotel data may be retained for the period necessary to fulfill legal obligations, settlements, or defense against claims
2. After the retention period expires, data will be deleted or anonymized
3. Financial obligations arising from the Contract (including outstanding invoices) remain in force regardless of Contract termination

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14. COMPLAINT PROCEDURE

14.1 Filing Complaints

Complaints regarding the Service may be filed:

• Electronically at: support@guestivo.pl
• In writing to the Service Provider's registered office address

14.2 Complaint Content

A complaint should contain:

1. Client data (name, e-mail address)
2. Name of the Hotel to which the complaint relates
3. Detailed description of the issue
4. Date of occurrence of the issue
5. Expected resolution method

14.3 Review Period

1. The Service Provider will endeavor to review the complaint within a reasonable timeframe
2. The Client will be informed of the outcome of the complaint review by electronic means

14.4 Response to Complaint

The response to the complaint will be sent to the e-mail address indicated in the complaint or in the Account data.

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15. AMENDMENTS TO TERMS OF SERVICE

15.1 Right to Amend

The Service Provider reserves the right to amend the Terms of Service for important reasons, such as:

• Changes in legislation
• Changes in the scope of services provided
• Technical changes to the Platform
• Organizational changes of the Service Provider

15.2 Notification of Changes

1. The Client will be notified of changes with a minimum of 14 days' advance notice
2. Notification will be made by e-mail and through a notification in the Admin Panel

15.3 Acceptance of Changes

1. Continued use of the Service after the changes take effect constitutes acceptance of the new Terms of Service
2. In the event of non-acceptance, the Client may terminate the Contract with immediate effect

15.4 Versioning

Each version of the Terms of Service is marked with a version number and effective date. Previous versions are archived and available upon request.

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16. FINAL PROVISIONS

16.1 Governing Law

Polish law shall apply to the Contract and any disputes arising therefrom.

16.2 Dispute Resolution

1. The Parties shall endeavor to resolve disputes amicably
2. In the absence of agreement, disputes shall be resolved by the court having jurisdiction over the Service Provider's registered office

16.3 Severability

If any provision of the Terms of Service is found to be invalid or ineffective, the remaining provisions shall remain in force.

16.4 Related Documents

The following constitute an integral part of these Terms of Service:

• Privacy Policy
• Cookie Policy
• Data Processing Agreement (for guest data)

16.5 Contact

Any questions regarding these Terms of Service may be directed to: support@guestivo.pl

16.6 Force Majeure

1. Neither Party shall be liable for non-performance or improper performance of obligations arising from the Contract if the non-performance or improper performance is a consequence of force majeure.

2. Force majeure shall be understood as external events, impossible to foresee and prevent, in particular:

   • Natural disasters (floods, earthquakes, large-scale fires)
   • Military actions, acts of terrorism, riots
   • Epidemics or pandemics declared by competent authorities
   • Decisions of public authorities preventing the fulfillment of obligations
   • Failures of public infrastructure (energy, telecommunications) of at least regional scope

3. The Party invoking force majeure is obligated to immediately notify the other Party of the occurrence and cessation of the impediment.

4. In the event that force majeure lasts longer than 30 days, either Party may terminate the Contract without bearing liability for damages.

16.7 Indemnification

1. The Client undertakes to indemnify and hold harmless the Service Provider from any and all damages, losses, costs, and expenses (including reasonable legal fees) incurred by the Service Provider as a result of third-party claims arising from:

   • Content entered by the Client or their Staff into the Platform
   • Infringement of third-party rights by the Client
   • Processing of hotel guest personal data by the Client in violation of GDPR regulations
   • Violation of applicable law by the Client in connection with the use of the Platform

2. The Service Provider will notify the Client of any third-party claims covered by this provision within a reasonable timeframe.

3. The Client has the right to assume the defense against such claims at their own expense.

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Document version: 1.0 Publication date: 10.03.2026 Last updated: March 2026