SmartHotels — Terms of Service

1. Definitions

• Provider: ERBACCI LTD, a company registered in Cyprus with offices at Strovolou 77, Strovolos Center 301, Strovolos 2018, Cyprus (DUNS 965372494).
• Customer: the individual or legal entity (typically a hospitality property) that creates an account on the web console at aspsmartskills.com.
• Service: the SmartHotels web console, the "SmartHotels Console" staff app (iOS / Android), the "SmartHotels Guest" app (iOS / Android), and integration features with Amazon Alexa Smart Properties.
• Customer Data: information entered by the Customer or its guests/staff into the Service (e.g., reservations, room records, requests, chat messages).
• Trial Period: the first 14 days after account activation, during which the Service is provided free of charge.

2. Scope

The Provider grants the Customer a non-exclusive, non-transferable and revocable right to use the Service for the operational management of its hospitality property, in accordance with the subscription plan chosen.

3. Account and eligibility

• To sign up, the Customer must be at least 18 years old and have the legal capacity to enter into a contract.
• The Customer is responsible for the confidentiality of its credentials and for any activity performed under its account.
• The business account may only be administered by personnel authorized by the Customer (admin, reception, operator, marketing roles).
• The Customer warrants that sign-up data (email, company name, address) is true and kept up to date.

4. Trial Period and subscription

• Free trial: 14 days, no credit card required. At the end of the trial the Customer may subscribe to a paid plan; otherwise the account is suspended and later deleted per the timelines in the Privacy Policy.
• Subscription: the "Pro" plan is billed monthly or annually as chosen by the Customer. Current pricing and features are published at aspsmartskills.com.
• Auto-renewal: the subscription automatically renews at the end of each term for an equivalent period unless cancelled. You may turn off auto-renewal at any time from the web console → Billing → Cancel; the Service remains active until the end of the already-paid period.

5. Payment

• Payments are processed by Revolut Business (Revolut Bank UAB). The Provider does not store card data.
• The Customer authorizes recurring automatic charges to the registered payment method.
• If payment fails, the Provider may suspend the Service after 7 days of email reminders.
• Invoices are issued by ERBACCI LTD (Cyprus VAT) and available in the Billing section of the console.

6. Right of withdrawal (EU consumers)

Where the Customer qualifies as a "consumer" under Directive 2011/83/EU (use unrelated to a trade or profession), they have the right to withdraw from the paid plan within 14 days of subscription, without giving reasons, by writing to info@erbacciltd.com. Refund is issued within 14 days of receipt of the notice. Note: where the Service is used immediately at the Customer's express request, the right of withdrawal lapses under art. 16(a) of the same Directive.

7. Acceptable use

The Customer agrees not to:

• Use the Service in violation of applicable law (including consumer protection, GDPR, anti-money-laundering, international sanctions);
• Enter third-party data without a proper legal basis (e.g., guest data collected without a privacy notice);
• Reverse-engineer, decompile or attempt to discover the source code;
• Overload the system with excessive automated requests, scraping, or DoS attacks;
• Resell or sub-license the Service to unauthorized third parties;
• Upload illegal, offensive, defamatory content or content that infringes others' intellectual property.

In case of breach the Provider may suspend the account immediately, without prior notice, and terminate the contract.

8. Intellectual property

• Software and trademarks: the Service (web console, mobile apps, APIs, documentation, the "SmartHotels" and "ASP Smart Skills" trademarks) is and remains the exclusive property of the Provider. Nothing in these Terms transfers any ownership rights to the Customer.
• Customer Data: the Customer retains full ownership of its Data and grants the Provider a limited, non-exclusive, royalty-free license solely to deliver the Service (including storage, transmission, backup, automated translation of catalog items).
• Feedback: suggestions, reports or feature requests submitted by the Customer may be freely used by the Provider to improve the Service, without compensation or attribution obligations.

9. Personal data processing and DPA

The Provider processes personal data as a data processor under art. 28 GDPR on behalf of the Customer (data controller) with respect to data relating to guests and staff. The terms are described in the Privacy Policy, which forms an integral part of these Terms as the Data Processing Addendum (DPA).

The sub-processors used (AWS, Cognito, SES, Revolut, OpenAI for catalog translations, APNs/FCM, Alexa Smart Properties) are listed in the Privacy Policy. The Customer accepts those sub-processors; any new sub-processor will be communicated at least 30 days in advance and the Customer may object for good cause.

10. Service availability (SLA)

• The Provider commits to keeping the Service available at least 99.5% on a monthly basis, excluding scheduled maintenance windows (announced at least 48h in advance) and force majeure events.
• Support is provided via email at support@aspsmartskills.com; target first-response time: within 24 business hours.
• For prolonged downtime attributable to the Provider (> 24 consecutive hours), the Customer is entitled to a pro-rata credit on the following month's invoice, upon written request within 30 days of the event.

11. Limitation of liability

To the maximum extent permitted by applicable law:

• The Provider is not liable for indirect damages, loss of profit, loss of goodwill, loss of business opportunity, or damages caused to third parties (e.g., the Customer's guests);
• The Provider's aggregate liability, on any basis, is in any case capped at the amount paid by the Customer in the 12 months preceding the event giving rise to the claim;
• These limitations do not apply in case of wilful misconduct, gross negligence, or personal-injury damages under mandatory rules of law.

12. Warranties and disclaimer

The Service is provided "as-is", without warranties beyond those which are non-waivable by law. The Provider does not warrant that the Service will meet the Customer's specific purposes, be error-free, or operate without interruption. Integrations with third-party services (e.g., Alexa, Revolut) remain subject to those third parties' terms and may be modified or suspended by them without that constituting a breach by the Provider.

13. Term and termination

• Term: the contract remains in force until either party terminates it.
• Termination by Customer: at any time from the console (Billing → Cancel) or via email to info@erbacciltd.com; the Service remains active until the end of the already-billed period.
• Termination by Provider: with 30-day notice for Service discontinuation; immediately in case of material breach by the Customer.
• Data export: upon termination the Customer may request an export of its Data in JSON/CSV format within 30 days; after this period the Data will be deleted, subject to legal retention obligations (e.g., invoices, 10 years).

14. Changes to the Terms

The Provider may update these Terms for operational, legal or Service-evolution reasons. Material changes will be communicated by email to the admin account and/or via in-app notice at least 30 days before they take effect. If the Customer disagrees, they may terminate the contract without penalty within that period; continued use of the Service constitutes acceptance of the new Terms. The current version is always available at the URL /terms.php.

15. Governing law and jurisdiction

These Terms are governed by the law of Cyprus. Any dispute is subject to the exclusive jurisdiction of the courts of Nicosia (Cyprus), without prejudice to mandatory consumer-protection rules granting jurisdiction to the consumer's forum.

16. Miscellaneous

• Force majeure: neither party is liable for failures caused by exceptional events beyond its control (natural disasters, wars, blackouts, Internet backbone outages, government decisions).
• Assignment: the Customer may not assign the contract without the Provider's written consent. The Provider may assign the contract in case of corporate transaction (merger, acquisition) with prior notice to the Customer.
• Severability: the invalidity of one clause does not affect the validity of the remaining provisions.
• Notices: all official communications must be sent by email to the addresses on file in each account.

17. Contact

ERBACCI LTD
Strovolou 77, Strovolos Center 301
Strovolos 2018, Cyprus
Contracts: info@erbacciltd.com
Support: support@aspsmartskills.com
DUNS: 965372494