Terms and Conditions

01Subject matter and scope

These Terms and Conditions govern:

• (a) access to and use of the guestdash.com, guestdash.pt and guestdash.com.br sites and their content; and
• (b) access to and use of the Guestdash platform, including accounts created directly from the site, under clause 4.

By accessing the site or using the platform, the user declares that they have read, understood and accepted these Terms.

02Identification of the provider

03Definitions

• Platform — the Guestdash software, made available as software as a service, including the modules and features contracted.
• Client — the legal person that contracts the platform, typically a hotel or hotel group.
• User — the natural person who accesses the platform under the Client’s account.
• Guest — the Client’s end customer, whose data may be processed on the platform.
• Client Data — all content and data uploaded, generated or processed on the platform on the Client’s behalf.
• Accommodation Unit — a room or accommodation unit, the reference unit for licensing purposes.

04Conclusion of the contract online and account creation

4.1. How the contract is concluded. Where the account is created directly from the site, the contract is deemed concluded at the moment the user completes the registration process, expressly accepting these Terms, and receives confirmation that the account has been created. The technical steps are: filling in the identification details, confirming the email address by code, setting the password, accepting these Terms and completing the registration.

4.2. Correction of errors. Before completing the registration, the user can review and correct the data entered, including the email address, by going back to the earlier steps of the form.

4.3. Filing. Guestdash records and keeps the version of these Terms accepted by the Client, as well as the date and time of acceptance. The version in force is permanently available on this page.

4.4. Language. The contract may be concluded in Portuguese. Translations of these Terms into other languages are intended to aid understanding; in the event of divergence, the Portuguese version prevails.

4.5. Powers of representation. Whoever creates the account declares that they are of legal age and have sufficient powers to bind the legal person indicated at registration. If the account is created on behalf of a company, it is that company that takes on the status of Client and is bound by these Terms.

4.6. Accuracy of the data. The Client undertakes to provide true, complete and current information at registration, in particular the company name and the professional email address, and to keep it up to date. Guestdash may require confirmation of the data provided.

4.7. Refusal and suspension of accounts created online. Guestdash reserves the right to refuse a registration, or to suspend or close an account created online, where the data is false or incomplete, where there are indications of abusive or fraudulent use or use contrary to these Terms, or where the registration is made using temporary or disposable email addresses. Wherever possible, the Client will be informed beforehand and given the opportunity to put the situation right.

05Who the service is for

5.1. The platform is intended exclusively for professional use by legal persons in the course of their business activity. It is not aimed at consumers, within the meaning of consumer protection legislation, nor is it intended for personal or household use.

5.2. On registering, the Client confirms that it is acting in the course of its professional or business activity.

06Licence to use

6.1. Guestdash grants the Client a non-exclusive, non-transferable and revocable licence, limited to the term of the contract, to access and use the platform in accordance with these Terms.

6.2. The licence covers use by users linked to the Client. Assignment, sublicensing or making it available to third parties without Guestdash’s express written authorisation is prohibited.

6.3. Licensing is sized by the number of Accommodation Units and by the modules contracted. Exceeding the contracted limit requires an addendum or an upgrade of the plan.

6.4. The software is licensed, not sold. No provision of these Terms transfers ownership of the platform.

07Accounts and credentials

7.1. The Client is responsible for creating, managing and deactivating its users’ accounts, and for assigning the appropriate access roles.

7.2. Credentials are personal and non-transferable. The Client and each User are responsible for keeping them confidential and for all activity carried out with their credentials.

7.3. The Client must notify us immediately of any unauthorised use or suspected compromise, at hello@guestdash.com.

7.4. Guestdash may suspend an account that shows signs of compromise, informing the Client as soon as possible.

08Acceptable use

The Client and the Users undertake not to:

• use the platform for unlawful or fraudulent purposes or purposes contrary to public policy;
• send unsolicited communications or communications in breach of the rules of the channels used, in particular the policies of the messaging providers;
• upload content that infringes third-party rights, including intellectual property rights;
• upload malicious content or attempt to compromise the security, integrity or availability of the platform;
• reverse engineer, decompile or attempt to extract the source code, except to the extent mandatorily permitted by law;
• access other clients’ data or attempt to circumvent the isolation and access control mechanisms;
• use the platform to develop a competing product or service;
• resell, sublicense or provide services to third parties based on the platform, without a written agreement.

Breach may lead to suspension of access, without prejudice to any liability that may arise.

09Intellectual property

9.1. Guestdash’s property. The platform, its code, architecture, interfaces, trade marks, logos, documentation and the content of the site are the exclusive property of Guestdash and are protected by the applicable legislation, in particular on copyright and industrial property.

9.2. Improvements and developments. Any corrections, improvements, changes or new versions of the platform are the exclusive property of Guestdash, even where developed following suggestions, requests or contributions from the Client, unless otherwise agreed in writing.

9.3. Suggestions. The Client grants Guestdash a perpetual, irrevocable and free licence to use suggestions, comments and feature requests it sends us, without any obligation of consideration arising from that.

9.4. The Client Data. The Client Data is and remains the property of the Client. Guestdash only processes it to the extent necessary to provide the service, under the contract and the Privacy Policy.

10Personal data

10.1. The processing of personal data is governed by the Privacy Policy and by the data processing agreement.

10.2. Data processing agreement. In relation to Guest data processed on the platform, the Client acts as controller and Guestdash as processor, under Article 28 of the General Data Protection Regulation. The data processing agreement available at guestdash.com/dpa forms an integral part of these Terms and is deemed concluded between the parties upon acceptance of them. If there is a data processing agreement signed between the parties, that one prevails.

10.3. It is for the Client to define the purposes of the processing, to ensure that a legal basis exists and to respond to the exercise of rights by data subjects.

10.4. Guestdash processes the data exclusively on the Client’s documented instructions, notifies the Client of any personal data breach within a maximum of 72 hours of becoming aware of it, and returns or deletes the data at the end of the contract, as instructed by the Client and unless a legal obligation provides otherwise.

11Artificial intelligence services

11.1. The platform includes features that run on artificial intelligence models, including text and voice agents.

11.2. Nature of the replies. Replies generated by artificial intelligence are produced automatically from the configuration and the knowledge base defined by the Client. Guestdash does not guarantee the accuracy of each individual reply. It is for the Client to configure, review and supervise the agents, as well as to define the cases in which the interaction must be routed to a human member of staff.

11.3. Responsibility for the content. The Client is responsible for the content of the knowledge base and for the instructions it gives the agents, as well as for the consequences of the replies they give to its Guests.

11.4. Providers and costs. Certain features depend on third-party providers, in particular language models and messaging channels. Where applicable, the costs of using those providers are invoiced to the Client directly by those providers, with no margin applied by Guestdash, on the commercially agreed terms.

11.5. Model training. Guestdash does not use the Client Data to train artificial intelligence models, nor does it authorise its sub-processors to do so.

12Availability, support and maintenance

12.1. Guestdash uses its best efforts to keep the platform available 24 hours a day, 7 days a week, except during scheduled maintenance periods or in emergency situations.

12.2. Scheduled maintenance. It is announced at least 24 hours in advance and should not exceed 4 hours in duration, except in emergencies.

12.3. Support. Provided by email or through a ticketing system, with response times of up to 4 hours for high-priority requests and up to 48 hours for low-priority requests, unless specific conditions are agreed contractually.

12.4. External dependencies. The platform integrates third-party services, in particular hotel management systems, messaging channels, providers of artificial intelligence models and telecommunications operators. Guestdash is not liable for unavailability or changes attributable to those third parties, and undertakes to inform the Client and to use reasonable efforts to mitigate the impact.

13Price, invoicing and suspension

13.1. Prices, frequency and payment conditions are those set out in the proposal, the plan subscribed to or the applicable contract.

13.2. Late payment may entail default interest and penalties under the contractual terms and, once the period set out in the contract has elapsed, suspension of access to the platform, restored once payment is settled.

13.3. Amounts are updated annually, on the anniversary date of the contract, in accordance with the index set out in the contract.

13.4. Unless stated otherwise, prices do not include applicable taxes.

14Term and termination

14.1. The term, renewal and termination are governed by the applicable contract or, failing that, by the conditions of the plan subscribed to.

14.2. Return of data. On termination, Guestdash makes the Client Data available to the Client in a structured and accessible format, on request submitted within 30 days of termination. After that period, the data is deleted, unless there is a legal obligation to retain it.

14.3. Termination does not affect obligations that fell due up to that date, nor the provisions which, by their nature, must survive, in particular intellectual property, confidentiality, indemnity, limitation of liability and governing law.

15Warranties and exclusions

15.1. Guestdash warrants that it will provide the services with the professional diligence required and in accordance with the contract.

15.2. To the maximum extent permitted by law, the platform is made available as is, with no warranty that its use will be uninterrupted or free of errors, or that it will meet specific purposes not expressly agreed.

15.3. Nothing in these Terms excludes or limits rights which, under applicable mandatory law, cannot be excluded or limited.

16Limitation of liability

16.1. To the maximum extent permitted by law, Guestdash’s aggregate liability towards the Client, for any damages arising from the contract or from these Terms, is limited to the amount actually paid by the Client in the 12 months preceding the event giving rise to the liability.

16.2. Where no payment has been made in the period referred to in the preceding paragraph, Guestdash’s liability is limited to the minimum permitted by law.

16.3. Guestdash is not liable for loss of profits, loss of opportunity, loss of reputation or indirect damages.

16.4. The limitations set out in this clause do not apply in cases of wilful misconduct or gross negligence, nor where mandatory law does not permit them.

17Indemnity

17.1. The Client undertakes to indemnify and hold Guestdash harmless from any claims, losses, damages and reasonable expenses, including lawyers’ fees, brought by third parties and arising from:

• (a) content uploaded by the Client or its Users onto the platform, including the content of the knowledge base of the artificial intelligence agents;
• (b) use of the platform by the Client or its Users in breach of these Terms, of the contract or of the law;
• (c) the absence of a legal basis for the processing of Guest data carried out on the Client’s instructions;
• (d) the lack of authority of whoever created the account to bind the legal person indicated at registration.

17.2. Guestdash will inform the Client, with reasonable promptness, of any claim covered by this clause, and the parties will cooperate in good faith in defending it.

18Assignment of contractual position

18.1. The Client may not assign its contractual position, or transfer rights or obligations arising from these Terms, without Guestdash’s prior written consent.

18.2. Guestdash may assign its contractual position in the context of a corporate reorganisation, merger, demerger, acquisition or transfer of the business, with the contracted guarantees remaining in place. The Client will be informed of the assignment.

19Commercial reference

19.1. The Client authorises Guestdash to identify it as a client, including through its name and logo, in client lists and in institutional and commercial materials.

19.2. The Client may refuse or withdraw this authorisation at any time, by written notice to hello@guestdash.com, taking effect in materials produced after receipt.

19.3. The publication of case studies, testimonials or detailed descriptions of the Client’s use of the platform always depends on the Client’s prior written approval.

20Confidentiality

Each party undertakes to keep confidential the confidential information to which it has access by virtue of the contractual relationship, not disclosing it to third parties without the other party’s prior written authorisation, except where required by law or by a competent authority. This obligation survives the termination of the contract.

21Communications

21.1. Communications between the parties relating to the contract may be made by email, to the addresses given when the account was registered and at hello@guestdash.com, or through notices displayed on the platform itself.

21.2. The Client undertakes to keep the email address associated with the account up to date, and is deemed validly notified of communications sent to that address.

22Force majeure

Neither party is liable for breach or delay resulting from facts beyond its will and outside its reasonable control, including fortuitous events, force majeure events and widespread failures of communications infrastructure or of essential providers.

23Changes to these Terms

23.1. Guestdash may change these Terms, publishing the updated version on this page, stating the date and the version.

23.2. Substantial changes affecting Clients’ rights or obligations will be communicated at least 30 days in advance, by email or through the platform. Continued use after they come into force counts as acceptance.

23.3. Guestdash may request express acceptance of the new version on the first access after it comes into force.

24Site content

The content published on our sites is informational in nature and may be changed at any time. References to features, integrations or performance do not in themselves constitute a contractual commitment, except where expressly set out in a proposal or contract.

25Partial invalidity

If any provision of these Terms is held invalid, void or ineffective, in whole or in part, the remaining provisions remain fully in force. The affected provision will be replaced, as far as possible, by a valid one pursuing the same economic and legal purpose.

26Governing law and jurisdiction

26.1. These Terms are governed by Portuguese law.

26.2. For the resolution of disputes arising from these Terms, the courts of the District of Lisbon have jurisdiction, with express waiver of any other.

27Contacts