Terms of Service
Last Updated: December 21, 2024
Welcome to Nivaso. By accessing or using our Property Management System platform, you agree to be bound by these Terms of Service. Please read them carefully.
1. Agreement to Terms
These Terms of Service constitute a legally binding agreement between you (whether personally or on behalf of an entity) and Nivaso, Inc. concerning your access to and use of the Nivaso platform. By using our services, you agree to comply with these terms.
2. Service Description
Nivaso provides a comprehensive cloud-based Property Management System (PMS) that includes:
- Reservation and booking management
- Channel manager integration with OTAs (Booking.com, Airbnb, Expedia, etc.)
- Guest communication and messaging
- Payment processing
- Reporting and analytics
- Task and housekeeping management
3. User Account
3.1 Account Creation
You must provide accurate, current, and complete information during registration. You are responsible for maintaining the confidentiality of your account credentials.
3.2 Account Responsibility
You are responsible for all activities that occur under your account. You must notify us immediately of any unauthorized access or security breach.
4. Fees and Payment
4.1 Subscription Fees
Use of Nivaso is subject to subscription fees as agreed in your service agreement. Fees may be charged monthly or annually based on your selected plan.
4.2 Payment Terms
- All fees are charged in USD unless otherwise specified
- Fees are non-refundable except as required by law
- You authorize us to charge your payment method automatically
- Late payments may incur interest at 1.5% per month
4.3 Taxes
Fees do not include applicable taxes. You are responsible for all taxes associated with your use of the service.
5. Acceptable Use
You agree NOT to:
- Use the service for any illegal purpose
- Violate any applicable laws or regulations
- Infringe on intellectual property rights
- Interfere with or disrupt the service
- Attempt to gain unauthorized access to the platform
- Use automated systems to access the service
- Resell or redistribute the service
- Reverse engineer or decompile the software
6. Third-Party Integrations
6.1 OTA Channels
Nivaso integrates with third-party platforms (Booking.com, Airbnb, etc.). You are responsible for maintaining your accounts with these platforms and complying with their terms of service.
6.2 Payment Processors
Payment processing is provided by third-party processors (Razorpay, Stripe). We are not responsible for errors or issues with payment processing.
7. Data and Privacy
You are the data controller for guest data collected through Nivaso. We act as a data processor. You must comply with all applicable data protection laws (GDPR, CCPA, etc.).
See our Privacy Policy for details on how we handle data.
8. Intellectual Property
All rights, title, and interest in Nivaso, including software, design, trademarks, and content, are owned by Nivaso, Inc. You are granted a limited, non-exclusive, non-transferable license to use the service.
You may not copy, modify, distribute, sell, or lease any part of our service without written permission.
9. Term and Termination
9.1 Term
Your subscription continues until terminated by either party in accordance with these terms.
9.2 Termination by You
You may cancel your subscription at any time. Cancellation takes effect at the end of your current billing period. No refunds for partial periods.
9.3 Termination by Us
We may suspend or terminate your account for:
- Violation of these terms
- Non-payment of fees
- Fraudulent or illegal activity
- Abuse of the platform
10. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NIVASO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION.
Our total liability for any claim shall not exceed the amount you paid us in the three (3) months preceding the claim.
12. Indemnification
You agree to indemnify and hold harmless Nivaso from any claims, damages, losses, or expenses arising from your use of the service, violation of these terms, or infringement of any third-party rights.
13. Governing Law and Dispute Resolution
13.1 Governing Law
These terms are governed by the laws of the State of Delaware, USA, without regard to conflict of law principles.
13.2 Arbitration
Any disputes shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. You waive the right to a jury trial.
14. Changes to Terms
We may update these terms from time to time. We will notify you of material changes via email or platform notification. Your continued use after changes constitutes acceptance.
15. General Provisions
- Entire Agreement: These terms constitute the entire agreement between you and Nivaso
- Severability: If any provision is invalid, the remaining provisions remain in effect
- No Waiver: Our failure to enforce any right does not constitute a waiver
- Assignment: You may not assign these terms without our consent
16. Contact Us
For questions about these Terms of Service:
Email: [email protected]
Support: [email protected]
WhatsApp (chat & call): +91 92094 78708
Address: [Your Business Address]
Acceptance of Terms
By using Nivaso, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.