Please read these Terms and Conditions carefully before using Transiently and its services. By using Transiently, you agree to these Terms and Conditions.
In these Terms and Conditions, the following definitions apply:
"Transiently" refers to the hotel management system and associated services provided by Transiently.
"User" refers to any individual or entity using Transiently and its services.
"Service" refers to the software, platform, and tools provided by Transiently for the purpose of hotel management and reservation processing.
Users may use Transiently and its services only for lawful purposes and in accordance with these Terms and Conditions. Users may not use Transiently and its services in any way that violates any applicable federal, state, local, or international law or regulation.
All intellectual property rights in Transiently, including trademarks, copyrights, and trade secrets, are the property of Transiently Inc. Users may not use or reproduce any part of Transiently without the express written consent of Transiently Inc.
a. Subscription: Transiently is a subscription-based service, and you agree to pay the subscription fee as specified on our website or in the subscription agreement. Your subscription may include different levels of access or features, and you are responsible for selecting the appropriate subscription level for your needs.
b. Account Registration: You may need to create an account to access Transiently. You agree to provide accurate and complete information during the registration process and to keep your account information updated. You are solely responsible for maintaining the confidentiality of your account credentials and for any activities that occur under your account.
c. Access: We grant you a non-exclusive, non-transferable, revocable license to access and use Transiently during the term of your subscription, solely for your internal business purposes. You may not sublicense, sell, rent, lease, or otherwise transfer your access to Transiently to any third party.
a. Acceptable Use: You agree to use Transiently in compliance with all applicable laws, regulations, and this Agreement. You are solely responsible for any content or data that you upload, submit, or otherwise transmit through Transiently ("User Content"). You represent and warrant that you have all necessary rights and permissions to upload and use User Content, and that User Content does not violate any third-party rights, including intellectual property rights, privacy rights, or any applicable laws or regulations.
b. Prohibited Use: You agree not to use Transiently for any purpose that is illegal, harmful, offensive, or infringing, including but not limited to:
i. Uploading, transmitting, or distributing any User Content that is unlawful, defamatory, harassing, discriminatory, or otherwise objectionable;
ii. Accessing or using Transiently in a way that could disrupt or interfere with the operation, integrity, or security of the system or any other user's access;
iii. Reverse engineering, decompiling, or disassembling Transiently, or attempting to gain unauthorized access to any part of Transiently or its systems;
iv. Uploading, transmitting, or distributing any viruses, worms, or other malicious software;
v. Using Transiently to collect or store personally identifiable information of other users without their consent;
vi. Engaging in any activity that violates any applicable laws, regulations, or third-party rights.
a. Ownership: Transiently and all its content, including but not limited to text, graphics, logos, images, videos, and software, are owned by Transiently or its licensors and are protected by intellectual property laws. This Agreement does not grant you any ownership or intellectual property rights in Transiently, except for the limited license to use Transiently as described in Section 1.
b. Feedback: If you provide any feedback, suggestions, or ideas regarding Transiently, you grant us a perpetual, irrevocable, royalty-free, worldwide, sublicensable, and transferable license to use, modify, and incorporate such feedback into Transiently or our other products or services without any obligation or compensation to you.
a. Privacy: We are committed to protecting your privacy and handling your personal information in accordance with our Privacy Policy, which is incorporated by reference into this Agreement. By using Transiently, you consent to the collection, use, and disclosure of your personal information as described in our Privacy Policy.
b. Data Security: We take reasonable measures to protect the security and integrity of Transiently and your User Content. However, you acknowledge that no system is completely secure, and we cannot guarantee the security of Transiently or the User Content. You are responsible for implementing appropriate security measures to protect your own data and for regularly backing up your User Content.
a. Support: We may provide support for Transiently as described in our documentation or on our website. Support may be subject to additional fees or terms, as specified by us.
b. Maintenance: We may periodically update or modify Transiently, including adding, removing, or changing features or functionality. We may also need to temporarily suspend access to Transiently for maintenance or other reasons, and we will make reasonable efforts to minimize any disruption.
a. Termination by You: You may terminate this Agreement and your subscription to Transiently at any time by canceling your subscription through your account settings or by contacting us in writing. No refunds will be provided for any prepaid subscription fees.
b. Termination by Us: We may terminate this Agreement and your subscription to Transiently at any time for any reason, with or without cause, by providing you with written notice. In case of termination without cause, we will refund any prepaid subscription fees pro-rated for the remaining term of your subscription.
c. Effects of Termination: Upon termination of this Agreement, your access to Transiently will be immediately terminated, and you will no longer have access to your User Content. We may retain and use your User Content as necessary to fulfill our legal obligations or for our legitimate business purposes, such as for billing, audit, or record-keeping purposes.
TRANSIENTLY IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT TRANSIENTLY WILL BE ERROR-FREE, UNINTERRUPTED, OR SECURE, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF TRANSIENTLY OR THIS AGREEMENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT OF SUBSCRIPTION FEES PAID BY YOU TO US DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
You agree to indemnify, defend, and hold us harmless from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with your use of Transiently, your User Content, or any violation of this Agreement or any applicable laws or regulations by you.
We reserve the right to modify this Agreement at any time by posting the updated version on Transiently or by providing written notice to you. Your continued use of Transiently after such modification constitutes your acceptance of the updated Agreement. If you do not agree to the updated Agreement, you may terminate this Agreement and your subscription to Transiently as described in Section 6.
This Agreement shall be governed by and construed in accordance with the laws of [Jurisdiction], without regard to its conflicts of law principles. Any dispute arising out of or in connection with this Agreement shall be exclusively resolved in the courts of [Jurisdiction], and you hereby submit to the personal jurisdiction of such courts.
a. Entire Agreement: This Agreement constitutes the entire understanding and agreement between you and us regarding the subject matter hereof and supersedes all prior or contemporaneous agreements and understandings, whether oral or written.
b. Assignment: You may not assign or transfer this Agreement or any rights or obligations hereunder without our prior written consent. We may freely assign or transfer this Agreement or any rights or obligations hereunder without restriction.
c. Waiver: Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
d. Severability: If any provision of this Agreement is held to be unenforceable or invalid, such provision shall be modified or eliminated to the minimum extent necessary, and the remaining provisions of this Agreement shall remain in full force and effect.
e. Relationship of Parties: Nothing in this Agreement shall be construed as creating a partnership, joint venture, employment, or agency relationship between you and us. You are an independent contractor and are solely responsible for all taxes, withholdings, and other statutory or contractual obligations arising from your use of Transiently.
f. Notices: All notices, requests, and other communications under this Agreement shall be in writing and shall be deemed to have been duly given when received if delivered in person, or when sent by registered or certified mail, return receipt requested, or by email to the addresses provided by you during registration or as updated by you in your account settings.
g. Survival: Sections 4 (User Content), 5 (Support and Maintenance), 6 (Termination), 7 (Disclaimer of Warranties), 8 (Limitation of Liability), 9 (Indemnity), 11 (Governing Law and Jurisdiction), and 12 (Miscellaneous) shall survive any termination or expiration of this Agreement.
If you have any questions or concerns about these Terms and Conditions or the use of Transiently and its services, please contact us at transiently.net@gmail.com.