Terms & Conditions

These Terms & Conditions ("Terms") govern access to and use of the MyHotelCare platform and related services (the "Service") provided by MyHotelCare ("we," "us"). By using the Service or signing an order, subscription, or pilot agreement that references these Terms, you ("Customer") agree to them.

1. Use of the Service

Subject to these Terms and any applicable order, subscription, or pilot agreement, we grant the Customer a non-exclusive, non-transferable right to access and use the Service for its internal hotel operations during the applicable term.

2. Customer responsibility for entered data

The Customer is solely responsible for the data its users enter into the Service, including guest complaint, follow-up, compensation, incident, and operational information, and for the accuracy, legality, and appropriateness of that data. The Customer represents that it has the rights and any necessary notices, consents, or lawful bases to process such data through the Service.

The Customer is responsible for determining what information it is authorized to enter, retain, and process; for applying appropriate role-based permissions to sensitive cases; and for its own records-retention and legal-hold obligations. The Service is an operational tool for organizing guest concerns; it is not an emergency-response system and does not replace the Customer's safety procedures, internal investigations, insurance reporting, legal advice, or staff judgment. The Service is not intended for storing payment-card data, and is not intended for protected health information unless separately agreed in writing and operationally supported.

3. No legal, medical, or safety advice

The Service is an operational tool for organizing and tracking guest concerns. It does not provide legal, medical, safety, insurance, emergency-response, or compliance advice, and nothing in the Service constitutes such advice. The Customer should obtain professional advice where appropriate.

4. Hotel remains responsible for decisions

The Customer remains fully responsible for all decisions regarding guest relations, compensation, incident handling, safety, employment, brand standards, and legal compliance. Any categorization, flag, reminder, workflow, or report in the Service is provided to assist the Customer's own judgment and does not direct, replace, or guarantee any particular outcome.

5. Acceptable use

The Customer agrees not to misuse the Service, including by attempting to access data belonging to other customers; interfering with the Service's operation or security; uploading unlawful, malicious, or unauthorized content; reverse engineering the Service except where prohibited by law; or using the Service in violation of applicable law. We may suspend access where we reasonably believe these Terms are being breached or where continued access creates a security, legal, or operational risk.

6. Accounts and access

The Customer is responsible for maintaining the confidentiality of login credentials, for the activities of its users, and for promptly deactivating access for users who should no longer have it. The Customer should configure roles and permissions appropriately for its organization.

7. Fees and pilot terms

Fees, pilot scope, duration, included users or properties, payment terms, renewal terms, and any expansion terms are set out in the applicable order, subscription, or pilot agreement. Unless otherwise agreed in writing, a pilot may be ended by either party with reasonable notice and does not create an obligation to continue into a paid subscription.

8. Intellectual property

We retain all rights, title, and interest in and to the Service, including its software, design, workflows, documentation, trademarks, and related intellectual property. The Customer retains all rights to the data it enters. The Customer grants us a limited, non-exclusive right to host, process, and display that data solely to provide, secure, maintain, support, configure, troubleshoot, repair, migrate, and improve the Service for the Customer, and as the Customer directs. We will not use Customer Data for advertising, for the benefit of other customers in identifiable form, or for any purpose unrelated to providing the Service.

9. Confidentiality

9.1 Customer Confidential Information

"Customer Confidential Information" means non-public information disclosed by or on behalf of the Customer, or generated within the Customer's account, including: guest complaints and guest concern records; service-recovery actions; compensation offers, approvals, and notes; incident records and internal staff notes; escalation history; case history and activity logs; configuration and workflow information; property-specific operational patterns and reporting; and other Customer business information. Customer Confidential Information does not include information that is or becomes public through no fault of MyHotelCare, was rightfully known without obligation of confidentiality, or is independently developed without use of the Customer's information.

9.2 Our confidentiality obligation

MyHotelCare will protect Customer Confidential Information using at least reasonable care, and will use and disclose it only as needed to provide, secure, maintain, and support the Service; to configure, troubleshoot, repair, or migrate Customer data or settings; to comply with law; or as otherwise directed or authorized by the Customer. MyHotelCare will not disclose Customer Confidential Information to third parties except to service providers as described in our Privacy Policy, or as required by law (and, where legally permitted, with reasonable advance notice to the Customer).

9.3 Internal access

Access to Customer Confidential Information by MyHotelCare personnel is limited to authorized individuals with a legitimate need to operate, secure, maintain, support, configure, troubleshoot, repair, migrate, or investigate issues affecting the Service, or to comply with legal obligations, and is subject to confidentiality obligations. MyHotelCare does not browse Customer case records casually or for unrelated purposes.

9.4 No marketing or public use without permission

MyHotelCare will not use a Customer's name, logo, records, identifiable case details, or guest concern examples in marketing, testimonials, public case studies, sales materials, or advertising without the Customer's prior written permission. MyHotelCare may describe general, anonymized examples or product-use patterns only where they do not reasonably identify the hotel, property, guest, employee, or specific incident.

9.5 Customer-specific agreements

The Customer and MyHotelCare may agree to additional or more specific confidentiality, security, retention, or data-processing terms in an order form, subscription agreement, pilot agreement, mutual non-disclosure agreement, or data processing addendum. Where those terms conflict with these Terms, the more specific signed customer agreement controls for the conflicting subject matter for that Customer.

10. Disclaimers

The Service is provided "as is" and "as available." To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted or error-free, and we make no guarantee regarding review scores, revenue, complaint outcomes, legal outcomes, or specific operational results.

11. Limitation of liability

To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, loss of goodwill, or business interruption. To the maximum extent permitted by law, our total liability arising out of or relating to the Service will not exceed the amounts paid by the Customer to MyHotelCare for the Service during the twelve months preceding the event giving rise to the claim, or one hundred dollars (US $100) if no paid subscription has begun. These limitations do not apply to the extent prohibited by applicable law.

12. Termination

Either party may terminate as set out in the applicable order, subscription, or pilot agreement, or for material breach that remains uncured after reasonable notice. On termination, the Customer's right to use the Service ends, and we will return or delete Customer data as described in the applicable agreement and our Privacy Policy.

13. Governing law

Unless an applicable written agreement states otherwise, these Terms are governed by the laws of the State of Florida, United States, without regard to conflict-of-laws principles. The parties submit to the exclusive jurisdiction of the state and federal courts located in Miami-Dade County, Florida, except where applicable law provides otherwise.

14. Changes to these Terms

We may update these Terms from time to time. Material changes will be communicated through the Service or by other reasonable means, and continued use after changes take effect constitutes acceptance.

15. Contact

Questions about these Terms can be sent to support@myhotelcare.com or through our contact form.