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Guester Terms of Service

Service terms, electronic acceptance, mutual confidentiality and responsibilities for hotel operators.

Version 3.3Document date:

Guester is a hotel management, analytics and automation software service offered under The Artifics brand. In this pre-formation version, The Artifics is the service brand. The actual service provider’s legal identity is disclosed on the acceptance screen and in Legal Information before binding acceptance is enabled; this informational version does not itself form a binding service agreement. Contract and notice contact: info@theartifics.com. The Artifics and Guester do not create separate contracting parties. A company that has not been formed does not become a party merely through use of a brand or proposed corporate name.

These terms apply to hotel operators using the service for business or professional purposes. The Customer is the operator identified in the account record; the hotel's brand name, property owner or a GM job title does not by itself identify the contracting party. Guests are not parties to this B2B agreement. The hotel or another expressly identified seller supplies accommodation and additional services, determines prices and cancellation conditions and is responsible for performance.

These terms, the accepted account or order summary and the Service Description, Data Processing Agreement, Support and Service Level Agreement (SLA) and, for enabled functions, AI and Automation Authority form the agreement. The Founding Hotel Program Terms also apply to program participants. Only versions accessible at acceptance and identified in the acceptance record are incorporated.

Mandatory law and applicable official transfer instruments take precedence. The DPA governs personal data matters; the Founding Hotel terms govern the pilot period and free use; and the accepted order summary governs specific pricing and scope. These Terms of Service govern other matters. Privacy/KVKK and Cookie notices provide information; reading them does not constitute contractual acceptance or consent to personal data processing.

The agreement is formed when a person authorised to represent the hotel operator selects the contract checkbox through an authenticated account and completes acceptance. The Customer ensures that operator and representative information is accurate. A role assignment or GM employment does not by itself prove authority to contract, initiate data transfers or authorise actions in external systems; additional authority verification may be required.

There are no fields to complete or sign inside these documents. The operator, authorised representative, property, selected modules, price, period and commencement are determined from account/order and activation records. Accepted versions, date and scope are preserved in the acceptance record and the Customer receives a copy capable of retention. This process does not replace transactions subject to legally required formalities or official transfer agreements. If unauthorised staff acceptance is identified, the relevant activation may be paused until the operator's authorised approval is obtained.

The Customer receives a non-exclusive, limited access right for the accepted properties and modules during the agreement. Invited personnel may use the service for the Customer within their assigned roles. This right does not include sharing accounts with other hotels, sharing credentials or reselling access without permission. The Customer removes access for departing personnel and promptly reports suspected unauthorised access.

Compromising service security, accessing another hotel's data, exceeding permissions, uploading malicious content or using the service for unlawful surveillance is prohibited. Subject to statutory exceptions, copying the software, extracting source code, bypassing security controls and unauthorised bulk extraction to develop a competing product are prohibited. Security research must be coordinated through the published reporting channel.

The Provider delivers the accepted scope with professional care, investigates issues within its control and implements appropriate corrections. No undertaking is given that every module will work for every account, PMS or OTA. A feature displayed in marketing or planned for development creates no Customer delivery obligation unless included in the account scope. Support and maintenance obligations are described in the Support and Service Level Agreement (SLA).

Minor improvements and urgent security or legal corrections may be applied. Changes materially reducing the accepted service or increasing Customer obligations are explained in advance; new contract terms are not applied adversely to an existing Customer without express electronic acceptance. Silence after notice or continued use does not constitute acceptance of such a change. If the affected service cannot continue, the Customer may exercise termination and data-return rights.

The Customer holds the necessary rights and authority for records, content and integration access it provides, gives guest and employee notices and identifies an applicable processing ground. This does not mean that explicit consent must be obtained for every item of data. The hotel representative's checkbox acceptance is not personal data consent on behalf of guests or personnel.

The Provider limits personal data processed for the hotel to the purposes and instructions in the DPA. Customer data is not disclosed to other hotels or allocated to training a shared model without a separate lawful basis. The Provider's own controller activities for account security, communications and legal records are described in the Privacy/KVKK Notice. If an instruction appears unlawful, the Provider explains its concern and may pause the relevant processing until clarified.

AI outputs are recommendations or drafts and may contain incorrect people, properties, prices, dates, translations or events. The Customer subjects guest-facing content and decisions with financial or operational effects to authorised human review. Staff matches are not conclusive performance assessments; disciplinary, pay or dismissal decisions must not rely solely on automated results. The Provider also has obligations to address known error patterns and apply appropriate safeguards.

General contract acceptance does not enable authority to send messages, review responses, rates, availability or other changes externally. The relevant property, connection, action category, role, limits and human approval are set in separate authority settings. An active supported Channex connection does not authorise automatic rate changes. Sending is stopped where there is a wrong-property or authority risk; AI and Automation Authority applies.

Competitor rates, OTA offers and public reviews are observations tied to a source and time. An offer on a booking channel is not realised hotel revenue or ADR. Room type, occupancy, currency, taxes, cancellation conditions and dates affect comparisons. The Customer uses these indicators as tools supporting independent business decisions; occupancy, revenue growth and price accuracy are not guaranteed.

The Customer's permission to connect its own account does not automatically authorise collection of competitor or platform content. The Provider is responsible for the legal assessment of its own collection methods. Fake reviews, misleading incentivised ratings and review gating that routes only satisfied guests to public review pages are not permitted. Surveys and public-review options are presented neutrally, taking platform rules into account.

The Customer provides connection authority and its own PMS, OTA, email and channel-provider agreements. The Provider uses only disclosed, authorised access, preferring scoped keys or OAuth over passwords where supported. Data retrieved from a source system must align with the data-flow page and DPA. A new recipient or different purpose cannot be concealed within a general integration permission.

Third-party outages, quotas and access policies may affect the service. The Provider retains reasonable coordination duties and responsibility for correcting its own integration components; not every third-party issue is allocated to the Customer. Guester is not an OTA, payment institution, bank or accommodation seller. Guest collection or payment processing may occur only through a separately, expressly supported flow and the relevant payment provider's terms; this agreement does not promise such functionality.

For paid services, price, currency, taxes, period and included usage are shown in the account/order summary before acceptance. Additional services or third-party charges are not collected without prior express acceptance. The service price for the Founding Hotel pilot scope is zero; absence of card details or continued pilot use does not constitute a paid order.

A paid monthly subscription renews automatically by period only if expressly accepted in the order; cancellation stops the next renewal. Annual service does not renew without express acceptance for a new period. The pilot never converts automatically into a paid monthly or annual period. The Provider does not retrospectively increase an accepted period's price; the next-period offer is disclosed before acceptance. Refunds for unused time are assessed under the accepted order, preserving Provider material-breach remedies and mandatory rights.

Rights in Customer data and the Customer's own content remain with the respective right holders. The Provider receives only the limited use rights needed to deliver and secure the agreed service and meet legal obligations. Rights in Guester software, designs and documentation are protected to the extent held by the Provider or relevant licensors; this clause does not represent that any pending assignment has been completed.

Voluntary product feedback containing no personal data or Customer confidential information may be used to improve the product. Advertising use of a Customer's name, logo, screenshots or case study requires separate express authorisation. Founding Hotel status creates no equity, investment, profit-sharing or ownership rights in developments. Separate intellectual property arrangements for another transaction are not implicitly varied by these terms.

The parties keep confidential non-public customer records, pricing strategies, financial information, source code, product plans, security information and trade secrets learned through the relationship. No confidential stamp is required where the information's nature or circumstances clearly indicate confidentiality. The recipient uses it only to perform the service and agreement, binds personnel and advisers accessing it on a need-to-know basis to appropriate confidentiality duties and applies reasonable protection.

The obligation excludes information the recipient can establish became public without breach, was already lawfully known, was lawfully received from an unrestricted third party or was independently developed. Where law or a competent authority requires disclosure, prior notice is given to the extent lawful and disclosure is limited to what is necessary. Personal data in public reviews does not become unrestricted merely because of this exception.

Confidentiality applies during the agreement and for five years afterwards; protection continues for trade secrets while they retain that status and for retained personal data and access secrets as required. At termination, confidential information is returned or deleted in accordance with law and the DPA's retention arrangements. Limited copies retained by law are restricted in access and purpose. Breaches are notified promptly; lawful protective and interim remedies remain available.

Each party implements technical and organisational measures appropriate to risk within its control. The Provider maintains security and incident-response obligations described in the DPA; the Customer manages account roles, connection permissions and local-system security. A data centre's certification does not by itself certify Guester or establish uninterrupted service.

Suspected breaches, wrong-property sending or unauthorised actions are reported through the appropriate channel. The Provider restricts access within its control, investigates and promptly provides verifiable information to the Customer. Statutory notification duties are not delayed by support hours. Reports should not contain unnecessary guest lists, passwords or card data.

Where there is an actual security risk, unlawful instruction, unauthorised access or use seriously harming the service, the necessary account, connection or function may be temporarily restricted. Measures do not exceed what is required to address the risk; notice is given first where possible, or reasons and remediation options are explained afterwards in an emergency. Suspension for overdue paid-service fees follows appropriate notice and an opportunity to pay.

Suspension gives no right to arbitrarily delete data or refuse lawful data-return requests. Once the issue is resolved, access is reassessed within a reasonable time. Affecting other properties or functions requires a necessary technical or legal reason. A free pilot does not reduce security or confidentiality obligations.

The service period is determined by the accepted account/order and activation record. Pilot duration is governed by the Founding Hotel terms. The Customer may use its account cancellation route or the contract contact channel. Statutory notice formalities remain applicable; ordinary account messages are not represented as satisfying transactions subject to special formalities.

If a party identifies a material breach in a written or retainable electronic notice and a remediable breach is not cured within ten business days, the affected service or agreement may be terminated. Serious security or illegality risks may require immediate suspension. Termination does not remove accrued rights, confidentiality, continued DPA protection or data-return/deletion obligations. The pilot Customer's right to exit without penalty under the program terms is preserved.

Export, return, deletion from active systems and retention in backups are handled under the DPA and applicable retention arrangements described in Subprocessors and Data Flows. Available retrieval scope and formats are disclosed to the Customer. Third-party content subject to licensing restrictions is distinguished from the Customer's own records.

The Provider does not direct the Customer into an undisclosed exit process that prevents retrieval or deletion and explains available capabilities and limitations. Copies needed by law or for legal claims are limited to the necessary period and purpose. This document does not represent an undetermined technical deletion or backup period as an established commitment.

To the extent legally permitted, each party's aggregate monetary liability arising from this service relationship is capped at the greater of service fees paid by the Customer in the twelve months before the event giving rise to liability and USD 1,000. Personal data protection and contractual confidentiality breaches have a cap of twice that general amount. In the free pilot the general cap is USD 1,000 and the data/confidentiality cap is USD 2,000; free use does not create zero liability.

The limits do not apply to intentional misconduct, gross negligence, death or personal injury or liabilities that cannot lawfully be limited. Public-authority powers, statutory data subject claims and mandatory liability rules are not removed by contract. Indirect losses and anticipated profits are excluded to the extent legally valid; all data-related loss is not excluded in advance. The same event cannot multiply caps merely by being presented under different documents or legal grounds; the applicable higher special cap and exceptions are preserved.

The Customer's supervision and instruction duties do not transfer the Provider's own fault or mandatory security obligations to the Customer. Liability is determined with regard to causation, the parties' control and applicable law. These terms do not constitute outcome insurance, professional legal advice or an absolute undertaking against loss. The obligation to pay an accepted service charge that has fallen due is not a damages claim; these caps do not create a charge that was never accepted.

For third-party claims arising from Customer content, the Provider's own software or unlawful acts, each party cooperates to the extent of its responsibility. Defence, information sharing and mitigation are reasonably coordinated. Accepting liability or entering a settlement imposing obligations on another party requires that party's approval. No automatic unlimited indemnity is created.

If an event outside a party's reasonable control and unavoidable despite appropriate measures temporarily prevents performance, that party informs the other and mitigates the effects. Ordinary lack of capacity, remediable software faults or unprotected security vulnerabilities do not become force majeure merely because a third party is involved. If a material impediment continues for thirty days, either party may terminate the affected service without penalty; confidentiality and data protection duties continue.

Transferring the agreement to a different operator, a future company or a third party requires disclosure of the actual new party and effects and the Customer's valid acceptance. Company formation does not automatically release the previous Provider from liability. Engaging a subprocessor is not a transfer of the contracting party and remains subject to separate DPA requirements.

Ordinary service notices may be sent to the verified account contact or made available in retainable form in the panel, preserving statutory notice methods. Non-material clarifications appear in version history. Changes affecting party obligations require express electronic acceptance; legally required special formalities are completed separately. An invalid clause does not automatically displace other applicable provisions, subject to the consequences required by law.

For Customers in Türkiye, Turkish law and the courts having statutory subject-matter and territorial jurisdiction apply. Unless a separate valid-form jurisdiction agreement exists, exclusive venue selection is not asserted solely from this checkbox acceptance. For United States Customers, Delaware law and applicable Delaware courts apply only where that regional condition was expressly presented and accepted in the account/order summary before acceptance; mandatory federal, state and other applicable laws are preserved.

The Turkish text governs for Customers in Türkiye and the English text governs for Customers in the United States. This rule applies to translation discrepancies in the Terms of Service and incorporated service schedules, subject to mandatory law and mandatory language or formal requirements of official transfer instruments. The governing text language is shown in the account/order summary before acceptance and in the acceptance record.

These documents do not restrict consumer guest rights, access to data protection authorities or mandatory rights. Presenting these B2B terms to a non-hotel user or in a different jurisdiction does not establish that necessary local adaptation has occurred. Version: 3.3. Updated: 13 October 2026. The Customer's contractual effective date is its recorded acceptance date; the pilot commencement is separately determined by the activation record.

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