GENERAL INFORMATION
These Terms and Conditions ("Terms") govern your access to and use of the UpMarket platform, website, and related services (collectively, the "Service"). The Service is provided by UpMarket, a SaaS platform that offers guest automation tools including an AI-powered virtual concierge, online check-in, WhatsApp messaging, and compliance integrations (hereinafter “UpMarket”, “we”, “us” or “our”). By accessing or using our Service—whether as a hotel, property manager, vacation rental owner, or otherwise—you agree to be bound by these Terms. If you do not agree with all of these Terms, you must refrain from using our Service.
UpMarket is not a property management company and does not directly handle bookings, payments (except via integrated solutions such as Stripe), or property maintenance. Our Service is intended solely to facilitate guest interactions and operational efficiency.
SECTION 1 – GENERAL CONDITIONS
Role and Scope
UpMarket provides technological tools to assist in guest communication, check-in procedures, and compliance reporting. Our Service does not replace legal, regulatory, or property management responsibilities.
Acceptance of Terms
Your use of our Service constitutes your agreement to these Terms. Should you disagree with any part of these Terms, you must immediately discontinue use of the Service.
Amendments
We reserve the right to update, modify, or replace any part of these Terms at any time. Changes will take effect upon posting on our website or via direct communication. Continued use of the Service constitutes acceptance of the modified Terms.
SECTION 2 – ACCOUNT REGISTRATION AND USER RESPONSIBILITIES
Registration Requirements
To access the Service, you must register and provide accurate, complete, and current business information. You agree to promptly update any information that may affect the integrity of your account.
User Responsibilities
As a Host, you are responsible for:
- Ensuring the accuracy of all information provided (including check-in instructions, pricing, and property details).
- Maintaining compliance with all local, national, and international hospitality regulations.
- Monitoring and managing AI-generated guest interactions and escalations.
Guest Escalation Management
While our AI manages routine guest interactions, you retain ultimate responsibility for handling escalations and resolving guest issues requiring human intervention.
SECTION 3 – SERVICES AND FEATURES
Guest Communication & AI Concierge
Our Service automates guest communications via WhatsApp and other channels. While the AI assists with guest queries, UpMarket does not guarantee that all responses will be correct, timely, or contextually appropriate.
Online Check-In & Compliance
UpMarket supports online check-in, guest ID verification, and compliance reporting (e.g., integration with systems such as SES.Hospedajes in Spain).
Upselling & Payment Integration
Hosts may define additional services, which our AI can promote. Direct payments are processed through integrated systems (e.g., Stripe). UpMarket does not process or store payment details.
Smart Lock Integrations
The Service facilitates automated access control through compatible smart lock providers (e.g., Nuki). UpMarket is not responsible for technical failures, access issues, or guest disputes arising from third-party integrations.
Insights & Reporting
UpMarket provides analytical data and reports to assist Hosts in optimizing operations. Insights are based on aggregated usage data and should not be solely relied upon for decision-making.
SECTION 4 – PAYMENT AND SUBSCRIPTION TERMS
Billing Structure
UpMarket operates on a subscription model with monthly or annual billing cycles. Commission-based fees may apply to transactions processed via integrated payment systems.
Cancellations and Refunds
Cancellation procedures and refund policies are set forth in your individual service agreement. No refunds will be issued for partial months of service.
Price Adjustments
We reserve the right to modify pricing and service features, with prior notice provided to users.
SECTION 5 – DATA PRIVACY AND SECURITY
Data Ownership
You retain ownership of all guest data processed via the Service. UpMarket processes this data solely for automation and service improvement.
Regulatory Compliance
We adhere to the General Data Protection Regulation (GDPR) and other applicable data protection laws. For more details, please refer to our Privacy Policy.
AI Data Logging
All AI interactions are logged for quality assurance and service improvements. Data retention and deletion policies are outlined in our Privacy Policy.
SECTION 6 – COMPLIANCE AND LEGAL RESPONSIBILITIES
Host Compliance
You are solely responsible for ensuring that your use of the Service complies with all relevant laws, including but not limited to hospitality, safety, and taxation regulations.
Prohibited Activities
You agree not to use the Service for:
- Fraudulent or deceptive activities.
- Unauthorized collection or storage of guest data.
- Violation of any local, national, or international laws.
Violation of these restrictions may result in immediate account termination and legal action.
SECTION 7 – LIMITATION OF LIABILITY
AI Limitations and Monitoring
While our AI system is designed to streamline guest interactions, it is not error-free. You are responsible for monitoring AI interactions and making necessary adjustments.
Disclaimer of Warranties
The Service is provided "as is" and "as available" without warranties of any kind. UpMarket does not guarantee uninterrupted access, error-free AI responses, or compliance with all regulatory frameworks.
Liability Cap
To the maximum extent permitted by law, UpMarket’s total liability shall not exceed the total fees paid by you for the Service in the six months preceding the claim.
Indemnification
You agree to indemnify and hold UpMarket harmless from any claims, damages, or liabilities arising from:
- Your failure to comply with legal or regulatory obligations.
- Guest disputes related to the use of our Service.
- Misuse of the AI concierge or other automation tools.
SECTION 8 – TERMINATION AND SERVICE SUSPENSION
Grounds for Termination
UpMarket reserves the right to suspend or terminate your account immediately in cases of:
- Non-payment.
- Misuse of the Service.
- Violation of any applicable laws or regulations.
Consequences of Termination
Upon termination:
- All rights granted under these Terms cease.
- Ongoing guest interactions will be discontinued.
- Data retention will follow our Privacy Policy.
SECTION 9 – DISPUTE RESOLUTION
Governing Law
These Terms are governed by the laws of the Netherlands.
Dispute Resolution Process
Disputes must first be submitted to mediation. If unresolved, disputes may be settled through arbitration or litigation in Amsterdam, Netherlands.
SECTION 10 – MODIFICATIONS TO THE TERMS
Right to Modify
UpMarket reserves the right to revise these Terms at any time. Notice of significant changes will be provided via our website or email.
Acceptance of Changes
Your continued use of the Service after modifications constitutes acceptance of the updated Terms.
SECTION 11 – CONTACT INFORMATION
For any questions regarding these Terms, please contact:
Email: [email protected]
By accessing or using the UpMarket Service, you acknowledge that you have read, understood, and agree to be bound by these Terms.
