Terms of Service

Main SaaS subscription agreement for Prehoos

1. Introduction

These Prehoos Terms of Service (the "Terms") are entered into by and between ENTERACT LLC ("ENTERACT", "Company", "we", "us", or "our") and the customer, organization, hotel, property, business, or person that accesses or uses Prehoos ("Customer", "you", or "your"). Prehoos is a premium hospitality operations software platform owned and operated by ENTERACT LLC.

These Terms govern access to and use of Prehoos websites, web applications, mobile or desktop applications, modules, dashboards, APIs, documentation, artificial intelligence features, support services, integrations, and related features (collectively, the "Platform" or "Services").

By creating an account, clicking to accept these Terms, signing an order form, paying fees, inviting users, accessing the Platform, or otherwise using the Services, you agree to these Terms on behalf of yourself and the organization you represent. If you do not agree, do not use Prehoos.

2. Business use and authority

Prehoos is designed primarily for business use by hotels, resorts, serviced apartments, guest houses, short-stay operators, hospitality groups, and related hospitality businesses. If you accept these Terms on behalf of a business, you represent that you have authority to bind that business.

Prehoos is not intended for use by children or for personal household use. The Platform is not a consumer hotel booking site unless a specific public booking feature is expressly enabled by a Customer.

4. The Prehoos service

Prehoos provides hospitality operations software that may include, depending on the plan, configuration, region, and enabled modules, property management, front office, booking management, check-in and check-out, room management, housekeeping, folio, POS-related workflows, night audit, reporting, tax compliance support, finance and accounting support, owner and management alerts, AI-assisted visibility and marketing tools, integrations, automation, and related operational features.

Features may be added, changed, limited, suspended, discontinued, or replaced from time to time. Some features may be available only on selected plans, selected regions, selected configurations, selected integrations, or selected customer accounts. Company does not guarantee that every advertised or planned feature will be available to every Customer at all times.

5. Account registration and administration

Customer must provide accurate account, billing, business, and contact information and keep it current. Customer is responsible for designating account administrators and controlling Authorized User access, roles, and permissions.

• Customer is responsible for all activity under its Account, whether performed by employees, contractors, managers, owners, agents, or other Authorized Users.
• Customer must maintain the confidentiality of login credentials and must promptly notify Company of suspected unauthorized access.
• Customer must use appropriate internal controls, approval workflows, role permissions, password controls, and staff offboarding procedures.
• Customer may not share accounts between unrelated persons or permit unauthorized third parties to use the Platform.

6. Orders, subscriptions, trials, and plans

Access to paid Services may require an Order Form, online subscription, invoice, or other approved purchase method. An Order Form may identify the subscription term, plan, modules, limits, fees, billing cycle, payment method, number of properties, Authorized Users, usage limits, and any special conditions.

Free trials, pilots, demos, beta access, promotional pricing, and temporary access may be modified, limited, extended, or terminated by Company at any time unless a signed Order Form states otherwise. At the end of a free trial or promotional period, access may end or automatically convert to a paid subscription if Customer has authorized recurring billing or signed an applicable Order Form.

7. Fees, taxes, and payment

Customer must pay all fees when due. Fees are non-refundable except as expressly stated in an Order Form, the Billing and Cancellation Policy, or required by law. Fees are exclusive of taxes unless expressly stated otherwise. Customer is responsible for all applicable taxes, levies, duties, bank fees, payment processor fees, foreign exchange costs, withholding taxes, and similar charges, other than taxes based on Company income.

If Customer fails to pay undisputed amounts when due, Company may suspend or restrict access after reasonable notice, charge late fees or recovery costs where permitted, require prepayment, downgrade access, or terminate the subscription. Customer may not withhold payment because of unrelated disputes.

8. Customer responsibilities

Customer remains responsible for its hospitality operations and all decisions made using the Platform. Prehoos is an operational software tool. It does not replace professional judgment, legal advice, tax advice, accounting advice, security advice, guest service decisions, or management controls.

• Customer is responsible for accurate room, rate, tax, charge, folio, booking, property, staff, approval, integration, accounting, and business configuration.
• Customer is responsible for complying with hotel, tourism, consumer protection, employment, tax, accounting, data protection, payment, marketing, messaging, accessibility, safety, and other laws that apply to its business.
• Customer is responsible for obtaining lawful rights, notices, and consents to collect, use, store, disclose, and process Guest Data, staff data, business data, and other Customer Data through Prehoos.
• Customer is responsible for reviewing reports, alerts, invoices, taxes, folios, ledgers, statements, and exports before relying on them or sharing them with guests, tax authorities, accountants, owners, managers, or third parties.
• Customer is responsible for backup and export of records it is required to retain, except to the extent Company expressly provides backup commitments in an Order Form or policy.

9. Customer Data

As between the parties, Customer owns Customer Data. Customer grants Company a limited, worldwide, non-exclusive right to host, store, process, transmit, display, reproduce, modify, analyze, and use Customer Data solely as needed to provide, secure, support, maintain, improve, and develop the Services; comply with law; prevent fraud or abuse; and exercise rights under these Terms.

Company may create and use aggregated, anonymized, or de-identified information derived from use of the Services for analytics, benchmarking, security, product improvement, performance measurement, and business purposes, provided such information does not identify Customer, any specific hotel guest, or any specific natural person.

Customer represents that it has all rights, permissions, notices, and lawful bases required to submit Customer Data to the Platform and to authorize Company to process it as described in these Terms and the Data Processing Addendum.

10. Privacy and data protection

Use of Prehoos is subject to the Prehoos Privacy Policy and, where applicable, the Prehoos Data Processing Addendum. To the extent Company processes personal data on behalf of Customer, the Data Processing Addendum forms part of these Terms unless the parties have signed a separate data processing agreement.

Customer is responsible for determining whether it is a controller, business, data fiduciary, owner, operator, processor, service provider, or other legally recognized role under applicable data protection law, and for complying with obligations that apply to that role.

11. Security

Company will implement commercially reasonable technical and organizational measures designed to protect the Platform and Customer Data against unauthorized access, loss, alteration, disclosure, or destruction. No system is perfectly secure. Customer must use strong passwords, access controls, staff offboarding, device security, and operational controls to protect its own Account.

12. Third-party services and integrations

Prehoos may integrate with Third-Party Services, including payment processors, messaging platforms, email services, booking channels, smart locks, energy devices, accounting tools, AI tools, analytics services, tax tools, and hardware providers. Third-Party Services are not controlled by Company and are governed by their own terms, privacy policies, service levels, fees, and technical requirements.

Customer authorizes Company to exchange Customer Data with Third-Party Services selected, connected, enabled, or authorized by Customer. Company is not responsible for third-party outages, API changes, pricing changes, rejections, suspensions, errors, data handling, hardware failures, credentials, permissions, provider restrictions, or legal compliance of Third-Party Services.

13. Payment functionality

Prehoos may support payment-related workflows, POS-related records, invoices, folios, payment links, receipts, refunds, processor integrations, and reconciliation tools. Unless expressly stated in a signed agreement, Company is not a bank, card issuer, acquiring bank, payment processor, money transmitter, escrow provider, or financial institution.

Customer is responsible for its payment processor account, payment disputes, chargebacks, refunds, card-network obligations, PCI obligations, fraud monitoring, and compliance with payment laws. Customer must not enter raw payment card numbers, CVV codes, magnetic stripe data, PIN data, or other sensitive authentication data into unapproved Prehoos fields.

14. AI, automation, and analytics

Prehoos may include AI-assisted, automated, rules-based, predictive, marketing, reporting, alerting, recommendation, or content generation features. These features are assistive only and may be incomplete, delayed, inaccurate, or unsuitable for a particular situation. Customer must review outputs before acting on them.

Customer remains responsible for decisions made using AI, automation, reports, alerts, recommendations, marketing content, forecasts, or analytics. Customer must not use AI or automation features to make unlawful, discriminatory, deceptive, unsafe, or unfair decisions about guests, staff, customers, suppliers, or other persons.

15. APIs and developer access

If Company provides API access, developer credentials, webhooks, bridge software, or integration tools, Customer must use them only as documented and authorized. Company may set rate limits, revoke credentials, require security review, and suspend API access that threatens security, reliability, compliance, or the rights of others.

16. Beta, preview, and experimental features

Beta, preview, pilot, sandbox, demo, experimental, or evaluation features are provided for testing and may be changed or discontinued at any time. They may not be covered by the SLA, support commitments, or normal availability commitments. Customer should not use them for mission-critical operations unless Company expressly approves in writing.

17. Acceptable use

Customer must comply with the Prehoos Acceptable Use Policy. Company may investigate suspected violations and may suspend, restrict, or terminate access where Company reasonably believes use of the Platform creates legal risk, security risk, operational risk, harm to others, or breach of these Terms.

18. Intellectual property

Company and its licensors own all rights, title, and interest in and to the Platform, software, code, architecture, designs, workflows, templates, documentation, interfaces, APIs, trademarks, service marks, logos, know-how, and related technology. Except for the limited rights expressly granted, no rights are transferred to Customer.

Customer may not copy, modify, reverse engineer, decompile, disassemble, resell, rent, lease, sublicense, frame, scrape, benchmark publicly, or create derivative works of the Platform except as expressly permitted by law or written agreement.

19. Feedback

If Customer provides suggestions, ideas, requests, improvements, or feedback, Customer grants Company a perpetual, irrevocable, worldwide, royalty-free right to use, modify, commercialize, and incorporate that feedback without restriction or compensation, provided Company does not disclose Customer confidential information in doing so.

20. Confidentiality

Each party may receive confidential or non-public information from the other. The receiving party must use the same degree of care it uses to protect its own similar information, and at least reasonable care, to protect confidential information. Confidential information may be used only to perform or receive the Services and may be disclosed only to representatives who need to know and are bound by confidentiality obligations.

21. Suspension

Company may suspend or restrict access to the Platform, in whole or in part, if: Customer fails to pay undisputed fees; Customer violates these Terms or the Acceptable Use Policy; use creates a security, legal, or operational risk; Customer uses the Platform unlawfully; Company must comply with law or third-party provider requirements; or Customer materially exceeds plan limits.

Where practicable, Company will provide notice and an opportunity to cure before suspension. However, Company may suspend immediately if necessary to protect the Platform, Customer Data, other customers, third parties, or legal compliance.

22. Termination

Either party may terminate for material breach if the breach is not cured within thirty (30) days after written notice, unless a shorter period is required because of security risk, legal risk, non-payment, or misuse. Customer may cancel according to the Billing and Cancellation Policy or applicable Order Form. Company may terminate inactive free accounts, demo accounts, or trial accounts at any time.

Upon termination, Customer access may end, unpaid fees become due, and Company may delete Customer Data after the applicable export and retention period. Customer should export necessary records before termination. Certain sections survive termination, including payment obligations, confidentiality, intellectual property, disclaimers, limitation of liability, indemnity, dispute resolution, and data retention provisions.

23. Disclaimers

To the maximum extent permitted by law, the Services are provided "as is" and "as available" without warranties of any kind, whether express, implied, statutory, or otherwise. Company disclaims implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, uninterrupted operation, error-free operation, and accuracy of outputs.

Company does not guarantee revenue, occupancy, profitability, tax compliance, accounting accuracy, fraud prevention, guest satisfaction, marketing performance, search visibility, uninterrupted integrations, or legal compliance. Reports, alerts, AI outputs, recommendations, and analytics are decision-support tools and must be reviewed by Customer.

24. Limitation of liability

To the maximum extent permitted by law, Company will not be liable for indirect, incidental, special, consequential, exemplary, punitive, or enhanced damages, or for lost profits, lost revenue, lost goodwill, lost data, business interruption, replacement services, guest claims, payment disputes, or third-party service failures, even if advised of the possibility of such damages.

To the maximum extent permitted by law, Company total aggregate liability arising out of or relating to the Services or these Terms will not exceed the fees paid by Customer to Company for the Services during the twelve (12) months immediately preceding the event giving rise to the claim. If Customer used only free Services, Company total liability will not exceed one hundred United States dollars (US$100).

Some jurisdictions do not allow certain exclusions or limitations. In those jurisdictions, the limitations apply to the greatest extent permitted by law.

25. Indemnification

Customer will defend, indemnify, and hold harmless Company, its affiliates, officers, directors, employees, contractors, agents, and licensors from and against claims, damages, liabilities, losses, costs, and expenses arising from or relating to Customer Data, Customer operations, guest disputes, staff disputes, tax or accounting decisions, unlawful use, misuse of integrations, violation of law, breach of these Terms, or acts or omissions of Authorized Users.

Company will defend Customer against a third-party claim alleging that the Platform, as provided by Company and used as authorized, infringes a third-party intellectual property right, and will pay damages finally awarded or settlements approved by Company. This obligation does not apply to claims arising from Customer Data, Customer modifications, combinations with third-party services, unauthorized use, open-source components used according to their licenses, or continued use after Company provides a non-infringing alternative.

26. Export, sanctions, and anti-corruption

Customer must comply with applicable export control, sanctions, anti-bribery, anti-corruption, anti-money laundering, and trade compliance laws. Customer may not use the Services in embargoed jurisdictions or by prohibited persons where such use would violate applicable law.

27. Notices

Company may provide notices by email, in-product message, dashboard notice, website posting, invoice, or other reasonable method. Legal notices to Company must be sent to legal@prehoos.com and any physical address designated by Company. Customer is responsible for keeping its account email current.

28. Changes to these Terms

Company may update these Terms from time to time. Material changes will be communicated by reasonable means, such as email, in-product notice, or website posting. Updated Terms become effective on the date stated in the notice or posting. Continued use of the Services after the effective date constitutes acceptance of the updated Terms.

29. Governing law and dispute resolution

These Terms are governed by the laws of the State of Wyoming, United States, without regard to conflict-of-law principles. Subject to any mandatory law that cannot be waived, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Wyoming for disputes arising from these Terms or the Services. Company may seek injunctive relief, collect unpaid fees, or enforce intellectual property rights in any court of competent jurisdiction.

30. Miscellaneous

These Terms, together with applicable Order Forms and referenced policies, are the entire agreement between the parties regarding the Services and supersede prior or contemporaneous agreements on the same subject. If there is a conflict, a signed Order Form controls over these Terms only for that Order Form. Customer may not assign these Terms without Company consent, except to a successor in connection with a merger, acquisition, or sale of substantially all assets. Company may assign these Terms to an affiliate or successor. No waiver is effective unless in writing. If any provision is unenforceable, the remaining provisions remain effective.