Terms and Conditions

Last Updated: January 30, 2025

1. Agreement to Terms

These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and Hotelkite Inc., a Delaware C Corporation ("Hotelkite," "we," "us," or "our"), concerning your access to and use of the Hotelkite platform and services. You agree that by accessing the platform, you have read, understood, and agreed to be bound by all of these Terms and Conditions.

IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE PLATFORM AND YOU MUST DISCONTINUE USE IMMEDIATELY.

2. Company Information

Hotelkite Inc. is a Delaware C Corporation specializing in hotel software solutions, including AI-powered research engines, distribution platforms, and hospitality technology services.

3. Intellectual Property Rights

Unless otherwise indicated, the platform is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the platform (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions.

The Content and the Marks are provided on the platform "AS IS" for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the platform and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

4. User Representations

By using the platform, you represent and warrant that:

  • All registration information you submit will be true, accurate, current, and complete
  • You will maintain the accuracy of such information and promptly update such registration information as necessary
  • You have the legal capacity and you agree to comply with these Terms and Conditions
  • You are not a minor in the jurisdiction in which you reside
  • You will not access the platform through automated or non-human means, whether through a bot, script, or otherwise
  • You will not use the platform for any illegal or unauthorized purpose
  • Your use of the platform will not violate any applicable law or regulation

5. Prohibited Activities

You may not access or use the platform for any purpose other than that for which we make the platform available. The platform may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the platform, you agree not to:

  • Systematically retrieve data or other content from the platform to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us
  • Make any unauthorized use of the platform, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses
  • Circumvent, disable, or otherwise interfere with security-related features of the platform
  • Engage in unauthorized framing of or linking to the platform
  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords
  • Make improper use of our support services or submit false reports of abuse or misconduct
  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools
  • Interfere with, disrupt, or create an undue burden on the platform or the networks or services connected to the platform
  • Attempt to impersonate another user or person or use the username of another user
  • Use any information obtained from the platform in order to harass, abuse, or harm another person
  • Use the platform as part of any effort to compete with us or otherwise use the platform and/or the Content for any revenue-generating endeavor or commercial enterprise
  • Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the platform
  • Attempt to bypass any measures of the platform designed to prevent or restrict access to the platform, or any portion of the platform
  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the platform to you
  • Delete the copyright or other proprietary rights notice from any Content
  • Copy or adapt the platform's software, including but not limited to Flash, PHP, HTML, JavaScript, or other code
  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the platform or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the platform

6. Services and Subscriptions

We reserve the right to change pricing for our services at any time. If you have purchased a subscription, we will provide you with reasonable prior notice of any change in subscription fees, and you will have the opportunity to cancel your subscription before such change becomes effective.

7. Limitation of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE PLATFORM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the platform; (3) breach of these Terms and Conditions; (4) any breach of your representations and warranties set forth in these Terms and Conditions; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the platform with whom you connected via the platform.

9. Governing Law

These Terms and Conditions and your use of the platform are governed by and construed in accordance with the laws of the State of Delaware applicable to agreements made and to be entirely performed within the State of Delaware, without regard to its conflict of law principles.

10. Dispute Resolution

Any legal action of whatever nature brought by either you or us (collectively, the "Parties" and individually, a "Party") shall be commenced or prosecuted in the state and federal courts located in Delaware, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.

11. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the platform at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our platform. We also reserve the right to modify or discontinue all or part of the platform without notice at any time.

We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the platform.

12. Term and Termination

These Terms and Conditions shall remain in full force and effect while you use the platform. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE PLATFORM (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS AND CONDITIONS OR OF ANY APPLICABLE LAW OR REGULATION.

13. Contact Us

In order to resolve a complaint regarding the platform or to receive further information regarding use of the platform, please contact us at:

Hotelkite Inc.

Email: hello@hotelkite.com