Terms and Conditions of Service – PMS Cloud

1. Preamble

These Terms and Conditions ("Terms") govern access to and use of PMS Cloud, the cloud-based Property Management System ("Service") made available to accommodation businesses ("Host" or "User").

By registering for, accessing, or in any way using the Service, the Host fully and unconditionally accepts these Terms in their entirety. Should the Host not agree with any part of these Terms, they must refrain from registering for and using the Service.

2. Description of the Service

PMS Cloud is a Software-as-a-Service (SaaS) solution designed to support the management of accommodation facilities, including hotels, bed & breakfasts, holiday homes, apartments, and similar establishments.

The Host may only access and use the functionalities included in the subscription plan actually purchased. PMS Cloud reserves the right, at its sole discretion and at any time, to add, modify, suspend, or remove features of the Service, without this giving rise to any right of indemnity, compensation, or refund in favour of the Host, save as otherwise expressly required by mandatory law.

3. Account Registration

To use the Service, the Host must register by creating an account and providing data that is accurate, complete, and kept up to date at all times.

The Host must keep their login credentials confidential and is solely and exclusively responsible for all activities carried out through their account.

PMS Cloud shall not be held liable for any damage arising from misuse of the account resulting from the Host's negligence in safeguarding their credentials.

4. Subscription Plans

PMS Cloud offers a free/freemium plan with limited functionalities, as well as paid subscription plans that unlock additional features. Available plans typically include:

  • A free or freemium plan with basic functionalities;
  • Paid plans offering advanced features, additional users, integrations, and support levels.

Details regarding features, limitations, and prices of each plan are published on the website and/or within the platform. PMS Cloud may update the plans and related features at any time, publishing the relevant changes accordingly.

5. Subscription Duration

Unless otherwise agreed in writing, each subscription has a duration of twelve (12) months from the date of activation.

Subscriptions do not renew automatically by default. Upon expiry of the subscription period, the Service is suspended and access to the platform is not available until the Host completes payment for renewal.

6. Non-Renewal and Data Retention

If the subscription is not renewed upon expiry, access to the Service is suspended with immediate effect.

The Host's data is retained for a maximum period of thirty (30) days from the expiry date, solely for the purpose of allowing reactivation of the account upon payment of the renewal fee.

Once this 30-day period has elapsed without renewal, all data associated with the account is permanently and irreversibly deleted, with no possibility of recovery by PMS Cloud or the Host.

The Host is solely responsible for exporting and backing up their own data prior to expiry of the subscription.

7. Service Availability

The Service is provided on an "AS IS" and "AS AVAILABLE" basis. PMS Cloud does not guarantee that the Service will operate on an uninterrupted, error-free, or bug-free basis, nor that it will be fully compatible with every device, browser, operating system, or third-party system used by the Host.

Scheduled or emergency maintenance operations may cause the temporary suspension of the Service, without this entitling the Host to compensation, save as otherwise required by mandatory law.

8. Backup

Backup copies performed by PMS Cloud are intended exclusively to ensure operational continuity and the security of the platform, and do not constitute an archival or long-term data retention service for the benefit of the Host.

The Host is solely responsible for creating and maintaining their own backup copies of the data entered into the system.

9. Limitation of Liability

To the maximum extent permitted by applicable law, PMS Cloud shall not be liable for loss of profits, loss of business opportunities, lost bookings, or any indirect, incidental, or consequential damages, nor for damages resulting from misuse of the Service by the Host.

In particular, PMS Cloud shall not be liable for:

  • errors in the data entered by the Host and configuration choices made by the Host;
  • prices, calendars, and availability set or managed by the Host;
  • the calculation of taxes, VAT, city/tourist tax, commissions, invoices, and statistics;
  • overbooking or malfunctions of third-party integrations;
  • internet connectivity issues or malfunctions of third-party cloud infrastructure.

The Host is required to independently verify the accuracy of all data managed through the platform. Save in cases of wilful misconduct or gross negligence, PMS Cloud's aggregate liability towards the Host is limited to the amounts actually paid by the Host in the twelve (12) months preceding the event giving rise to the claim.

10. Third-Party Services

The platform may integrate with third-party services, including:

  • Online Travel Agencies (OTAs) and channel managers;
  • payment service providers;
  • fiscal and electronic invoicing systems;
  • email and SMS service providers.

PMS Cloud does not guarantee the continuous or error-free operation of such third-party services, as their functioning depends on providers outside PMS Cloud's control.

11. Host Responsibilities

The Host is solely responsible for:

  • the accuracy and lawfulness of the data entered into the platform;
  • published information, rates, availability, and special offers;
  • images, documents, and any other content uploaded to the platform;
  • communications addressed to guests.

All content published or transmitted by the Host through the Service must be lawful, must not infringe the intellectual property rights of third parties, and must comply with applicable data protection legislation, including the GDPR.

12. Relations with Guests

PMS Cloud acts solely as a technology provider and is a third party with respect to the commercial relationship between the Host and its guests.

Any dispute concerning bookings, cancellations, refunds, prices, overbooking, promotions, complaints, stays, or services rendered is managed exclusively by the Host, who bears sole and full responsibility towards guests in this regard.

13. Suspension and Closure of the Account

PMS Cloud reserves the right to suspend or close the Host's account, without prior notice, in the event of:

  • breach of these Terms;
  • illegal or fraudulent use of the Service;
  • compromise of the security of the platform or of other users;
  • damage or risk of damage to PMS Cloud or third parties.

PMS Cloud reserves the right to seek compensation for any damages suffered.

14. Intellectual Property

The platform, the software, the source code, the database structure, the graphics, trademarks, logos, and all related intellectual property rights remain the exclusive property of PMS Cloud.

The Host is granted only a personal, temporary, non-exclusive, and non-transferable right to use the Service, limited to the duration of the subscription and strictly for the purposes provided under these Terms.

15. Personal Data

The processing of personal data is governed by PMS Cloud's Privacy Policy and, where applicable, by a specific Data Processing Agreement (DPA), both of which form an integral part of the contractual relationship between the parties.

16. Changes to These Terms

PMS Cloud reserves the right to modify these Terms at any time. Changes take effect upon publication on the website and/or within the platform, or upon communication to the Host through other suitable means.

Continued use of the Service following the publication of changes constitutes full acceptance of the new Terms by the Host.

17. Governing Law and Jurisdiction

These Terms are governed by Italian law. Any dispute arising from or relating to these Terms or the use of the Service shall be subject to the exclusive jurisdiction of the court of the place where PMS Cloud has its registered office, save where applicable mandatory law provides otherwise (for example, in relation to consumers).

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