Last Updated: 6 January 2026

Terms of Service

These Customer Terms of Service govern your access to and use of the Guestpulse products and services. These Terms form a binding agreement between you and GUESTPULSE LIMITED (Guestpulse, we, us, or our).

These Terms consist of:

• These General Terms
• Any applicable Contract
• Any applicable Data Processing Agreement (DPA)
• Any applicable Acceptable Use Policy
• Any applicable Product-Specific Terms, service descriptions, or support terms; and
• Documents expressly incorporated by reference.

By accessing or using the Subscription Service, signing a Contract, or receiving any Services from Guestpulse, you agree to these Terms.

General Terms

1. Definitions

   • Affiliate

     Any entity that directly or indirectly controls, is controlled by, or is under common control with a party, where “control” means ownership or control of more than 50% of the voting interests of the relevant entity.
   • Agreement

     These Customer Terms of Service, the applicable Contract, the DPA, the AUP, and any other documents expressly incorporated by reference.
   • Authorized User

     Your employees, Contractors, representatives, or agents whom you authorize to access and use the Subscription Service on your behalf.
   • Beta Services

     Any service, feature, functionality, or product made available by Guestpulse on an alpha, beta, pilot, early access, preview, testing, evaluation, or similar basis before general commercial release.
   • Billing Period

     The period for which fees are invoiced or prepaid, as specified in the applicable Contract.
   • Confidential Information

     All non-public information disclosed by one party to the other, whether orally, electronically, or in writing, that is designated as confidential or that reasonably should be understood to be confidential, including business, technical, commercial, product, pricing, security, and customer information. Customer Data is your Confidential Information.
   • Customer, you, or your

     Legal entity identified in the applicable Contract or account registration.
   • Customer Data

     Any data, information, content, records, files, or materials submitted to, uploaded to, ingested by, stored in, or otherwise processed through the Subscription Service by or on behalf of you or your Authorized Users, including data originating from hospitality systems, marketing tools, social platforms, reservation systems, CRM systems, POS systems, and other connected systems.
   • Documentation

     Guestpulse’s user guides, product descriptions, technical documentation, and policies made available to Customer.
   • DPA

     The Guestpulse Data Processing Agreement, if applicable.
   • Fees

     The subscription fees, service fees, overage fees, implementation fees, support fees, or other charges payable under a Contract or these Terms.
   • Contract

     The Guestpulse order, proposal, online checkout, subscription page, statement of work, or other ordering document accepted by the parties.
   • Professional Services

     Onboarding, implementation, migration, configuration, integration, training, support, consulting, or other professional services provided by Guestpulse.
   • Sensitive Data

     Any category of data subject to heightened legal or regulatory requirements, including special category data under GDPR, health data, children’s data, payment card data, government identifiers, or similar sensitive information.
   • Subscription Service

     Guestpulse’s hosted software platform, applications, dashboards, APIs, connectors, analytics features, audience tools, reporting tools, and related SaaS products made available by Guestpulse under a Contract.
   • Subscription Term

     The initial term and any renewal term for the Subscription Service, as specified in the applicable Contract.
   • Third-Party Products

     Products, platforms, services, connectors, APIs, software, or applications provided by third parties that interoperate with the Subscription Service.

2. Use of Services

   • 2.1. Access

     Subject to this Agreement, Guestpulse grants you a limited, non-exclusive, non-transferable, non-sublicensable right during the applicable Subscription Term to access and use the Subscription Service for your internal business purposes.
   • 2.2. Authorized Users

     You may allow Authorized Users to access the Subscription Service solely for your benefit. You are responsible for:

     • all acts and omissions of your Authorized Users;

     • ensuring their compliance with this Agreement; and

     • maintaining the confidentiality of login credentials and account access.
   • 2.3. Affiliates

     Your Affiliates may use the Subscription Service only if expressly permitted in the applicable Contract or otherwise approved by Guestpulse in writing. You remain responsible for their compliance.
   • 2.4. Customer Responsibilities

     You are responsible for:

     • the accuracy, quality, legality, and integrity of Customer Data;

     • obtaining all necessary rights, notices, and consents required for Guestpulse to process Customer Data;

     • configuring the Subscription Service appropriately for your intended use;

     • ensuring your use complies with applicable laws, regulations, and industry requirements; and

     • the acts and omissions of any third-party system, data source, or integration you connect to the Subscription Service.
   • 2.5. Restrictions

     You will not, and will not permit any third party to:

     • license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, or otherwise commercially exploit the Subscription Service except as expressly permitted;

     • reverse engineer, decompile, disassemble, copy, or attempt to derive the source code, object code, or underlying ideas of the Subscription Service;

     • modify, adapt, or create derivative works of the Subscription Service;

     • use the Subscription Service to develop or benchmark a competing product or service;

     • interfere with or disrupt the integrity, security, or performance of the Subscription Service;

     • access the Subscription Service in order to build a competing database, CDP, analytics platform, or hospitality intelligence product;

     • use the Subscription Service in violation of the AUP or applicable law.
   • 2.6. Acceptable Use

     Your use of the Subscription Service is subject to the Guestpulse Acceptable Use Policy, if applicable. We may suspend access for violations of the AUP, applicable law, or this Agreement.
   • 2.7. Third-Party Integrations

     The Subscription Service may support integrations with Third-Party Products. Your use of Third-Party Products is governed solely by your agreement with the relevant third party. Guestpulse does not control and is not responsible for Third-Party Products.
   • 2.8. Modifications

     We may modify the Subscription Service from time to time, including by adding, modifying, or removing features. We will not materially reduce the core functionality of the paid Subscription Service during the current Subscription Term except where required by law, security, interoperability, or third-party dependency changes.
   • 2.9. Beta Services

     If we make Beta Services available to you, those Beta Services are provided “as is” and may be changed, suspended, or discontinued at any time. Beta Services may be subject to additional terms. Guestpulse makes no commitment that Beta Services will become generally available.

3. Fees and Payment

   • 3.1. Fees

     You agree to pay all Fees specified in the Contract or otherwise negotiated agreement. Except as otherwise stated in the Agreement, all Fees are non-cancellable and non-refundable.
   • 3.2. Billing

     Unless otherwise specified:

     • payment is due within thirty (30) days of invoice date; and

     • overdue amounts may accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law.
   • 3.3. Payment Method

     If you provide a payment method, you authorize Guestpulse to charge it for all Fees due under the Agreement.
   • 3.4. Taxes

     All Fees are exclusive of VAT, GST, sales tax, withholding tax, or similar taxes, duties, or levies. You are responsible for all such taxes except taxes based on Guestpulse’s net income.
   • 3.5. Fee Changes at Renewal

     Guestpulse may revise Fees for any renewal term by giving at least thirty (30) days’ notice before renewal.
   • 3.6. Suspension for Non-Payment

     If you fail to pay Fees when due, Guestpulse may suspend access to the Subscription Service after giving reasonable notice and an opportunity to cure, unless the amount is disputed reasonably and in good faith.

4. Term and Termination

   • 4.1. Term

     This Agreement begins on the Contract starting date and continues until all Subscription Terms have expired or been terminated.
   • 4.2. Subscription Term and Renewal

     Each subscription begins for the initial Subscription Term stated in the Contract and renews automatically for successive renewal terms of equal length, unless either party gives written notice of non-renewal at least thirty (30) days before the end of the then-current term, unless the Contract states otherwise.
   • 4.3. Termination for Cause

     Either party may terminate this Agreement:

     • upon thirty (30) days’ written notice for material breach, if the breach remains uncured at the end of that period; or

     • immediately if the other party becomes insolvent, enters liquidation, ceases business operations, or becomes subject to bankruptcy proceedings.
   • 4.4. Suspension

     Guestpulse may suspend access to the Subscription Service immediately if:

     • your use poses a security risk;

     • your use violates applicable law, the AUP, or this Agreement;

     • your use threatens the stability, integrity, or availability of the Subscription Service; or

     • Fees are overdue and remain unpaid after notice.
   • 4.5. Effect of Termination

     Upon expiration or termination:

     • your right to access and use the Subscription Service ends;

     • you must stop all use of the Subscription Service;

     • each party must, upon request, return or destroy the other party’s Confidential Information, subject to legal retention obligations;

     • Guestpulse may delete Customer Data in accordance with its retention policies, DPA, and applicable law after a reasonable post-termination retrieval period.
   • 4.6. Data Retrieval

     During the Subscription Term, and for any limited post-termination period specified in the Contract, Documentation, or DPA, you may export or retrieve Customer Data using available product functionality or by requesting reasonable assistance, which may be subject to additional fees.

5. Customer Data and Data Protection

   • 5.1. Ownership

     As between the parties, you retain all right, title, and interest in and to Customer Data. Guestpulse acquires no ownership rights in Customer Data.
   • 5.2. License to Process Customer Data

     You grant Guestpulse and its subprocessors the limited right to host, copy, transmit, transform, display, analyze, and otherwise process Customer Data solely as necessary to:

     • provide, maintain, support, and improve the Subscription Service;

     • perform Professional Services;

     • prevent fraud, misuse, or security incidents;

     • comply with applicable law; and

     • fulfill Guestpulse’s obligations under this Agreement.
   • 5.3. Data Protection

     To the extent Customer Data includes personal data, the DPA applies and is incorporated into this Agreement by reference. The DPA governs Guestpulse’s processing of personal data on your behalf.
   • 5.4. Customer Instructions and Compliance

     You represent and warrant that:

     • you have all necessary rights, notices, consents, and lawful bases required to provide Customer Data to Guestpulse for processing;

     • your use of the Subscription Service complies with applicable data protection, e-privacy, marketing, and hospitality-sector laws; and

     • you will not use the Subscription Service to process Sensitive Data unless expressly agreed by Guestpulse in writing.
   • 5.5. Aggregated and De-Identified Data

     Guestpulse may generate and use aggregated, anonymized, or de-identified data derived from Customer Data for analytics, benchmarking, service improvement, security, and product development, provided such data does not identify you, your guests, or any individual.
   • 5.6. AI and Machine Learning

     Unless otherwise agreed in writing, Guestpulse may use Customer Data only to provide customer-specific AI or automated features within the Subscription Service and will not use Customer Data to train generalized models for unrelated third-party benefit without appropriate disclosure and legal basis.
   • 5.7. Security

     Guestpulse will maintain commercially reasonable administrative, technical, and organizational safeguards designed to protect Customer Data against unauthorized access, use, alteration, or disclosure.
   • 5.8. Hosting and Transfers

     Customer Data may be processed in the locations specified in the Contract, DPA, or subprocessor documentation. Where required, Guestpulse will implement lawful transfer mechanisms for international data transfers.

6. Professional Services

   • 6.1. Professional Services

     If Guestpulse provides Professional Services, those services will be described in the applicable Contract, statement of work, or service description.
   • 6.2. Customer Dependencies

     You acknowledge that timely delivery of Professional Services may depend on your cooperation, including access to systems, personnel, information, credentials, integrations, and timely approvals.
   • 6.3. Deliverables

     Unless otherwise expressly agreed in writing, Professional Services are provided on a services basis and not as a work-for-hire assignment of Guestpulse intellectual property.

7. Intellectual Property

   • 7.1. Guestpulse IP

     Guestpulse and its licensors own and retain all right, title, and interest in and to:

     • the Subscription Service;

     • the Documentation;

     • the Guestpulse platform, software, models, connectors, schemas, and methodologies;

     • all improvements, modifications, and derivative works of the foregoing; and

     • all related intellectual property rights.
   • 7.2. Feedback

     If you provide suggestions, enhancement requests, recommendations, or other feedback, Guestpulse may use and incorporate that feedback without restriction or payment.
   • 7.3. No Implied Rights

     No rights are granted to you except as expressly stated in this Agreement.

8. Confidentiality

   • 8.1. Confidentiality Obligations

     Each party agrees to:

     • use the other party’s Confidential Information only to perform or exercise rights under this Agreement;

     • protect it using at least reasonable care;

     • not disclose it to third parties except to Affiliates, employees, Contractors, advisers, and subprocessors with a need to know and who are bound by confidentiality obligations.
   • 8.2. Exclusions

     Confidential Information does not include information that:

     • is or becomes public without breach of this Agreement;

     • was already known lawfully by the receiving party;

     • is lawfully received from a third party without restriction; or

     • is independently developed without use of the disclosing party’s Confidential Information.
   • 8.3. Required Disclosure

     A receiving party may disclose Confidential Information if required by law, subpoena, or court order, provided it gives prompt notice where legally permitted and reasonably cooperates to limit the disclosure.

9. Publicity

   • Publicity

     Unless otherwise agreed in writing, Guestpulse may identify you by name and logo as a customer on its website, sales materials, and customer lists. You may opt out by written notice.

10. Warranties and Disclaimers

    • 10.1. Mutual Authority

      Each party represents that it has the legal authority to enter into this Agreement.
    • 10.2. Service Warranty

      Guestpulse warrants that the Subscription Service will perform in all material respects in accordance with the Documentation under normal authorized use.
    • 10.3. Professional Services Warranty

      Guestpulse warrants that Professional Services will be performed in a professional and workmanlike manner consistent with generally accepted industry standards.
    • 10.4. Customer Remedy

      Your exclusive remedy for breach of the warranties in this Section is for Guestpulse to re-perform the non-conforming services or, if Guestpulse cannot do so within a reasonable time, terminate the affected services and refund any prepaid unused Fees for the affected portion.
    • 10.5. Disclaimer

      EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE SUBSCRIPTION SERVICE, PROFESSIONAL SERVICES, BETA SERVICES, DOCUMENTATION, AND ALL RELATED COMPONENTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, GUESTPULSE DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

11. Indemnification

    • 11.1. Customer Indemnity

      You will defend, indemnify, and hold harmless Guestpulse, its Affiliates, officers, directors, employees, and agents from and against any third-party claims, damages, losses, liabilities, costs, and expenses arising out of or related to:

      • Customer Data;

      • your use of the Subscription Service in violation of law or this Agreement;

      • your breach of data protection, privacy, or marketing laws;

      • your use of Third-Party Products; or

      • your negligence, fraud, or willful misconduct.
    • 11.2. Guestpulse IP Indemnity

      Guestpulse will defend you against any third-party claim alleging that the Subscription Service infringes a registered copyright, trademark, or patent, and will indemnify you against damages finally awarded or approved in settlement, provided that you:

      • promptly notify Guestpulse of the claim;

      • allow Guestpulse sole control of the defense and settlement; and

      • provide reasonable assistance at Guestpulse’s expense.
    • 11.3. Exclusions

      Guestpulse will have no indemnity obligation for claims arising from:

      • Customer Data;

      • use of the Subscription Service with third-party products not supplied by Guestpulse;

      • unauthorized modifications;

      • use outside the scope of the Agreement or Documentation; or

      • Beta Services.
    • 11.4. Remedies

      If the Subscription Service becomes, or Guestpulse believes it may become, the subject of an infringement claim, Guestpulse may:

      • modify the service to make it non-infringing;

      • obtain the right for you to continue using it; or

      • terminate the affected service and refund prepaid unused Fees for the terminated portion.

12. Limitation of Liability

    • 12.1. Exclusion of Indirect Damages

      TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THIS AGREEMENT.
    • 12.2. Liability Cap

      TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT WILL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE BY CUSTOMER TO GUESTPULSE UNDER THE APPLICABLE Contract DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
    • 12.3. Carve-Outs

      The exclusions and limits in this Section do not apply to:

      • your obligation to pay Fees;

      • your breach of Section 2.5 (Restrictions);

      • either party’s confidentiality obligations, except to the extent limited by law;

      • either party’s indemnification obligations;

      • fraud, willful misconduct, or gross negligence; or

      • liability that cannot be excluded or limited under applicable law.

13. Service Availability and Support

    • 13.1. Service Availability

      Guestpulse will use commercially reasonable efforts to make the Subscription Service available on a continuous basis, subject to planned maintenance, emergency maintenance, force majeure events, internet outages, third-party failures, and other excluded events.
    • 13.2. Uptime Target

      Unless otherwise agreed in the customer Contract, Guestpulse targets maximum uptime for the core production Subscription Service, excluding scheduled maintenance, force majeure, third-party outages, customer-caused issues, and internet connectivity outside Guestpulse’s control.
    • 13.3. Support

      Guestpulse will provide support in accordance with the support level purchased under the applicable Contract or support policy.

14. Third-Party Products and Data Sources

    • Third-Party Products and Data Sources

      You acknowledge that the Subscription Service may depend on or interoperate with Third-Party Products and external data sources, including PMS, CRS, CRM, POS, channel managers, ad platforms, social media APIs, and analytics services. Guestpulse is not responsible for outages, delays, data errors, API changes, deprecations, access restrictions, or failures caused by such third parties.

15. Governing Law and Jurisdiction

    • 15.1. Governing Law

      This Agreement is governed by the laws of Ireland, excluding its conflict of law rules.
    • 15.2. Jurisdiction

      The courts of Ireland shall have exclusive jurisdiction to resolve any dispute arising out of or in connection with this Agreement, unless otherwise required by mandatory law or expressly stated in the applicable Contract.

16. Miscellaneous

    • 16.1. Amendments

      Guestpulse may update these Terms from time to time by posting a revised version on its website or otherwise notifying you. Unless a shorter period is required by law, changes will become effective on your next renewal or thirty (30) days after notice, whichever is earlier. Continued use after the effective date constitutes acceptance.
    • 16.2. Force Majeure

      Neither party is liable for delay or failure to perform due to events beyond its reasonable control, including natural disasters, labor disputes, war, terrorism, pandemics, telecommunications failures, internet outages, cyberattacks, utility failures, or government actions.
    • 16.3. Assignment

      Neither party may assign this Agreement without the other party’s prior written consent, except in connection with a merger, acquisition, corporate reorganization, or sale of substantially all assets.
    • 16.4. Entire Agreement

      This Agreement constitutes the entire agreement between the parties regarding its subject matter and supersedes all prior or contemporaneous agreements, proposals, and communications relating to that subject matter.
    • 16.5. Severability

      If any provision is held unenforceable, the remaining provisions will remain in full force and effect.
    • 16.6. No Waiver

      Failure to enforce any provision is not a waiver of that provision or any other provision.
    • 16.7. Notices

      Legal notices must be sent in writing to the addresses set out in the applicable Contract or to: GUESTPULSE LIMITED, 18 Mallow Street Upper, Limerick, LIMERICK, V94N12Y, Ireland. Email: legal@guestpulse.com
    • 16.8. Independent Contractors

      The parties are independent Contractors. Nothing in this Agreement creates a partnership, agency, fiduciary, or employment relationship.
    • 16.9. Survival

      Any provisions that by their nature should survive termination will survive, including provisions relating to fees, confidentiality, intellectual property, indemnification, limitations of liability, governing law, and data handling obligations.