TERMS OF SERVICE

Last Updated: 1/4/2025

1. ACCEPTANCE OF TERMS

Welcome to Thinkerbell Analytics ("Company," "we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of our data alerts system for hotels (the "Service"), including any content, functionality, and services offered through our website and applications.

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Service.

2. CHANGES TO TERMS

We may revise and update these Terms from time to time at our sole discretion. All changes are effective immediately when we post them. Your continued use of the Service following the posting of revised Terms means that you accept and agree to the changes.

3. ACCESSING THE SERVICE

3.1 Eligibility

To access or use our Service, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms. You may not access or use the Service if you are barred from using or receiving services under applicable law.

3.2 Registration and Account Security

To use certain features of the Service, you may be required to register for an account. You agree to:

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

4. SUBSCRIPTION AND FEES

4.1 Subscription Plans

We offer various subscription plans for our Service. By selecting a subscription plan, you agree to pay all fees applicable to that plan. All payments are due at the time specified in your subscription plan.

4.2 Billing

You agree to provide current, complete, and accurate billing information. By submitting such payment information, you automatically authorize us to charge all subscription fees incurred through your account to the payment method provided.

4.3 Fee Changes

We may modify fees for the Service or any components thereof at any time. We will provide reasonable notice of any change in fees. Your continued use of the Service after the fee change becomes effective constitutes your agreement to pay the modified amount.

5. DATA AND CONTENT

5.1 Customer Data

We do not claim ownership of your data. By using our Service, you grant us a license to access, process, and analyze your data solely for the purpose of providing the Service to you. We will handle your data in accordance with our Privacy Policy.

5.2 Data Processing Limitations

We will only process your data in accordance with your instructions and as necessary to provide the Service. We will not use your data for any other purpose without your consent.

5.3 Data Security

We will implement appropriate technical and organizational measures to protect your data from unauthorized access, loss, or alteration. However, you acknowledge that no method of transmission over the internet or electronic storage is 100% secure.

6. CUSTOMER RESPONSIBILITIES

6.1 Compliance with Laws

You agree to use the Service in compliance with all applicable laws, regulations, and industry standards. You are responsible for ensuring that your use of the Service, including any data you provide, does not violate any third-party rights or applicable laws.

6.2 User Management

If you create accounts for your employees or agents, you are responsible for managing those users, including assigning appropriate access levels and permissions. You are also responsible for ensuring that all users comply with these Terms.

6.3 Prohibited Uses

You agree not to:

• Use the Service in any way that violates any applicable law or regulation
• Attempt to gain unauthorized access to any portion of the Service or any other systems or networks connected to the Service
• Use the Service to transmit any data that contains viruses, malware, or other harmful code
• Interfere with or disrupt the Service or servers or networks connected to the Service
• Use any automated means to access or use the Service

7. INTELLECTUAL PROPERTY RIGHTS

7.1 Thinkerbell Analytics Intellectual Property

The Service and its original content, features, and functionality are owned by Thinkerbell Analytics and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. You may not copy, modify, create derivative works of, publicly display, publicly perform, republish, or transmit any of the material on our Service without our prior written consent.

7.2 Feedback

If you provide us with any feedback or suggestions regarding the Service, you hereby assign to us all rights in such feedback and agree that we have the right to use and fully exploit such feedback in any manner we deem appropriate.

8. TERM AND TERMINATION

8.1 Term

These Terms shall remain in full force and effect while you use the Service or maintain an account with us.

8.2 Termination by You

You may terminate your use of the Service at any time by canceling your subscription and closing your account. You will remain responsible for all fees incurred up to the date of termination.

8.3 Termination by Us

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Service will immediately cease.

8.4 Effect of Termination

Upon termination, we will store your data for a period of 30 days, during which you may request a copy of your data. After this period, we may delete your data from our systems.

9. DISCLAIMER OF WARRANTIES

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, timely, secure, or error-free, or that any defects will be corrected. We make no warranty regarding the quality, accuracy, reliability, or availability of the Service.

10. LIMITATION OF LIABILITY

IN NO EVENT SHALL THINKERBELL ANALYTICS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Our total liability for all claims arising from or related to these Terms shall not exceed the amount you paid to us for the Service during the 12 months preceding the event giving rise to the liability.

11. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Thinkerbell Analytics, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service.

12. GOVERNING LAW

These Terms and your use of the Service shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law provisions.

13. DISPUTE RESOLUTION

Any dispute arising from or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of [Arbitration Authority] in [Your Jurisdiction]. The arbitration shall be conducted in [Language] and the arbitral decision may be enforced in any court.

14. MISCELLANEOUS

14.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service and supersede all prior agreements and understandings.

14.2 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.

14.3 Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced.

14.4 Assignment

You may not assign your rights under these Terms without our prior written consent. We may assign our rights under these Terms without your consent.

15. CONTACT US