1. Purpose and relationship to the Agreement
These Evaluation Access Terms govern free, time-limited access to Guester that The Artifics, Inc., a Delaware corporation (“The Artifics”, “we” or “us”), may grant to hotel operators so they can evaluate the Service in their own operations (“Evaluation Access”). They form part of the Master Subscription Agreement (Terms of Service) (the “Agreement”) and prevail over it regarding Evaluation Access. The Data Processing Agreement applies in full to personal data processed during Evaluation Access. Capitalized terms not defined here have the meanings given in the Agreement.
Evaluation Access is a discretionary accommodation, not a subscription, product entitlement or promotion open to everyone. Specific programs, such as the Founding Hotel Program, may add their own conditions, but they do not change the rules on approval, duration and extension in these terms.
2. Evaluation Grant: no access without written approval
Evaluation Access exists only if and while The Artifics has issued a written approval to the Customer (an “Evaluation Grant”). An Evaluation Grant is given by email from The Artifics or by notice in the Customer’s Guester account and identifies at least: the hotel operator, the properties, the modules or scope, the start date and time, and the end date and time of the evaluation period (the “Evaluation Period”), including the time zone.
Creating an account, attending a demonstration, applying to a program, joining a waitlist or receiving login credentials does not by itself create an Evaluation Grant. The Artifics decides whether to grant Evaluation Access, to whom, for which properties and modules and for how long, at its sole discretion. It may decline a request without giving reasons. Activation may also be delayed until the operator’s identity, the authority of its representative and any data protection arrangements required by the DPA have been verified.
3. Maximum duration of each Evaluation Period
Each Evaluation Period lasts no more than three (3) calendar months. A period of three calendar months starting on a given date and time ends at the same time on the same date of the third following month; if that month has no such date, it ends at the same time on the last day of that month. A shorter period may be granted. Time before activation that is needed for implementation or data protection arrangements does not count toward the Evaluation Period.
When the Evaluation Period ends, Evaluation Access ends automatically, without further notice. After that, the Customer has no right to use the Service unless The Artifics has issued a new Evaluation Grant or approved an extension in writing, or the Customer has accepted a paid Order. Continued technical availability of an account after the Evaluation Period does not extend Evaluation Access or create a right to use the Service.
4. Extensions only with prior written approval
An Evaluation Period may be extended only by The Artifics’ prior written approval, which may be given by email or by notice in the Customer’s Guester account. Each extension may last no more than three (3) calendar months. There is no fixed limit on the number of extensions, but each extension requires a separate written approval that states its new end date. The Artifics may approve extensions selectively, for example for hotels whose participation is of particular value to the development of the Service, and may attach conditions to an extension, such as participation in feedback sessions.
Extensions are granted at The Artifics’ sole discretion. The Customer has no right to an extension, and no extension, prior grant, practice or communication creates an expectation of, or entitlement to, any further extension. A request for extension should be sent before the current Evaluation Period ends to info@theartifics.com or through the Customer’s account. If no written approval is given before the Evaluation Period ends, Evaluation Access ends as described in Section 3.
5. Early termination and suspension
The Artifics may shorten, suspend or end Evaluation Access at any time by notice to the Customer, including by email, without liability. Where there is a security risk, suspected unauthorized access, unlawful use, a breach of the Agreement or a risk to other customers, The Artifics may suspend or end Evaluation Access immediately and will explain the reason as soon as practicable. The Customer may end Evaluation Access at any time, without penalty, through its account or by writing to info@theartifics.com.
6. Fees and no automatic conversion
No fee is charged for the Service during an approved Evaluation Period. No payment card or commitment to a future subscription is required. Fees the Customer owes under its own agreements with PMS, OTA, channel manager, email or other third-party providers are not covered. Any additional paid service is charged only if the Customer accepts it in advance.
Evaluation Access never converts automatically into a paid subscription. The Artifics may offer a paid subscription; paid service begins only when the Customer expressly accepts an Order stating the price, taxes, scope, term, renewal and cancellation conditions. Silence, logging in or continued use does not constitute acceptance of a paid Order, and no fees are charged retroactively for an Evaluation Period.
7. Scope, use and feedback
Evaluation Access is limited to the properties, modules, users and usage identified in the Evaluation Grant and is personal to the approved hotel operator. It may not be transferred, shared with other hotels or resold. The acceptable use rules, confidentiality obligations and intellectual property provisions of the Agreement apply. General acceptance of the Agreement does not enable external actions; sending messages, publishing replies or changing rates or availability requires separate authority under the AI, Automation and Integration Authority.
The Customer may share feedback through the support channel. Feedback is voluntary unless an extension is expressly conditioned on it, and continuation of Evaluation Access is never conditioned on positive public reviews, references or a stated level of satisfaction. The use of the Customer’s name, logo, screenshots or case study requires separate written permission.
8. Service level, warranty and liability
Evaluation Access is provided “as is” and may include beta, preview or experimental features. The support processes of the SLA apply, but no service level commitments, service credits or warranties under the Agreement apply. The Artifics’ professional care, security and data protection obligations remain unchanged.
To the maximum extent permitted by law, each party’s total aggregate liability arising from Evaluation Access is limited to USD 1,000, except that liability for breaches of data protection or confidentiality obligations and for indemnification obligations under the Agreement is limited to USD 2,000. In no event does a party’s total aggregate liability arising from Evaluation Access exceed USD 2,000. These limits do not apply to liability for intentional misconduct or gross negligence, or to any other liability that cannot be limited under applicable law. The exclusion of indirect damages in the Agreement applies.
9. End of Evaluation Access and data
When Evaluation Access ends without a paid Order, the Customer may, for thirty (30) days, request export of available Customer Data or a copy in a commonly used format. After that period, Customer Data is deleted in accordance with the DPA, except for copies that must be retained by law or for the establishment, exercise or defense of legal claims, which remain protected by the Agreement and the DPA. If the Customer accepts a paid Order, its data and settings may continue under that Order.
10. Changes and version
The Artifics may update these terms. Changes do not shorten an Evaluation Period already granted, except under Section 5. Each Evaluation Grant is governed by the version of these terms in effect when it was issued, or by a later version that the Customer accepts.
Version 4.1. The document date shown at the top of this page is the date this version was published.