Terms of Service

Welcome to APA IT SOLUTIONS. These Terms of Service ("Terms") govern your use of our website and services. By accessing or using our services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our services.

1. Acceptance of Terms

By accessing and using the APA IT SOLUTIONS website and services, you accept and agree to be bound by these Terms and our Privacy Policy. These Terms apply to all visitors, users, and others who access or use our services.

2. Description of Services

APA IT SOLUTIONS provides technology solutions for the hospitality industry, including but not limited to:

• AI Guest Concierge services
• Smart Digital Labels
• Digital Room Service solutions
• WhatsApp Messaging integration
• Hotspot Wi-Fi solutions
• Hotel CRM systems
• Related consulting and implementation services

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time without prior notice.

3. User Accounts and Registration

To access certain features of our services, you may be required to create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your account credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

We reserve the right to suspend or terminate accounts that violate these Terms or are inactive for extended periods.

4. Use of Services

Permitted Use

You may use our services only for lawful purposes and in accordance with these Terms. You agree not to:

• Use our services in any way that violates applicable laws or regulations
• Engage in any fraudulent, abusive, or otherwise illegal activity
• Attempt to gain unauthorized access to our systems or networks
• Interfere with or disrupt the integrity or performance of our services
• Transmit any viruses, malware, or other malicious code
• Collect or harvest any information from our services using automated means
• Impersonate any person or entity or misrepresent your affiliation
• Use our services to send spam or unsolicited communications

Business Use

Our services are intended for business and commercial use in the hospitality industry. You represent that you have the authority to bind your organization to these Terms.

5. Intellectual Property Rights

Our Content

All content, features, and functionality of our services, including but not limited to text, graphics, logos, images, software, and designs, are owned by APA IT SOLUTIONS or our licensors and are protected by international copyright, trademark, and other intellectual property laws.

Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our services for your internal business purposes. This license does not include:

• Any resale or commercial use of our services or content
• Collection and use of product listings or descriptions
• Making derivative works of our services or content
• Downloading or copying of account information for the benefit of another merchant
• Use of data mining, robots, or similar data gathering tools

Your Content

You retain all rights to any content you submit or upload to our services. By submitting content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display such content in connection with providing our services.

6. Payment Terms

If you purchase services from us, you agree to:

• Provide current, complete, and accurate purchase and account information
• Promptly update account information as needed
• Pay all charges at the prices in effect when incurred
• Pay applicable taxes

We reserve the right to change our prices at any time. All prices are subject to change without notice, but changes will not affect orders already placed.

7. Service Level Agreement (SLA)

For subscribed services, we strive to maintain high availability and performance. Specific SLA terms, including uptime guarantees and support response times, are detailed in individual service agreements. In the event of service disruptions, we will make commercially reasonable efforts to restore services promptly.

8. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the course of our business relationship. This includes:

• Business strategies and plans
• Technical information and know-how
• Customer data and information
• Pricing and financial information

This obligation continues even after termination of services.

9. Data Protection and Privacy

We are committed to protecting your data and privacy. Our collection, use, and protection of personal data is governed by our Privacy Policy. By using our services, you consent to our data practices as described in the Privacy Policy.

10. Warranties and Disclaimers

Service Warranties

We warrant that our services will be provided in a professional and workmanlike manner in accordance with industry standards. However, we do not warrant that:

• Our services will be uninterrupted, timely, secure, or error-free
• The results obtained from using our services will be accurate or reliable
• Any errors in our services will be corrected

Disclaimer

EXCEPT AS EXPRESSLY PROVIDED, OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, APA IT SOLUTIONS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your use or inability to use our services
• Any unauthorized access to or use of our servers and/or any personal information stored therein
• Any interruption or cessation of transmission to or from our services
• Any bugs, viruses, or other harmful code that may be transmitted through our services
• Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

12. Indemnification

You agree to indemnify, defend, and hold harmless APA IT SOLUTIONS, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with:

• Your access to or use of our services
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property rights
• Any content you submit or transmit through our services

13. Term and Termination

Term

These Terms remain in effect while you use our services. Service-specific agreements may have additional term provisions.

Termination by You

You may terminate your account at any time by contacting us or using the account termination features in our services.

Termination by Us

We may suspend or terminate your access to our services immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use our services will immediately cease.

Effect of Termination

Upon termination:

• All licenses and rights granted to you will immediately cease
• You must cease all use of our services
• We may delete your account and content
• Sections of these Terms that by their nature should survive termination will survive

14. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of Germany, without regard to its conflict of law provisions. Any disputes arising from these Terms or our services shall be resolved through:

1. Negotiation: Good faith discussions between the parties
2. Mediation: If negotiation fails, mediation by a mutually agreed mediator
3. Arbitration: Binding arbitration in accordance with German arbitration rules

15. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by:

• Posting the updated Terms on our website
• Updating the "Last updated" date
• Sending notification to registered users (for material changes)

Your continued use of our services after changes become effective constitutes acceptance of the modified Terms.

16. General Provisions

Entire Agreement

These Terms, together with our Privacy Policy and any service-specific agreements, constitute the entire agreement between you and APA IT SOLUTIONS regarding our services.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

17. Contact Information

If you have any questions about these Terms, please contact us:

18. Acknowledgment

BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.