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Master Subscription Agreement (Terms of Service)

The agreement between The Artifics, Inc. and hotel operators for Guester: subscriptions, fees, data, liability and governing law.

Version 4.1Document date:

This Guester product document is also published on guester.co. The reference copy is available at guester.co/legal/terms-of-service/.

This Master Subscription Agreement (also published as the Guester Terms of Service, the “Agreement”) is entered into between The Artifics, Inc., a Delaware corporation (Delaware Division of Corporations File No. 10805181) with its principal office at 2810 N. Church Street, STE 91313, Wilmington, Delaware 19802, United States (“The Artifics”, “we” or “us”), and the hotel operator identified in the applicable Order (“Customer” or “you”). Guester is a hotel management, analytics and automation software service developed and provided by The Artifics. Guester is a product and brand of The Artifics and is not a separate legal entity or contracting party.

This Agreement applies to hotel operators and other businesses that use Guester for business or professional purposes. It does not apply to consumers. Hotel guests are not parties to this Agreement. The hotel, or another seller expressly identified to the guest, supplies accommodation and guest-facing services, sets prices and cancellation conditions and remains responsible for their performance.

In this Agreement:

  • “Affiliate” means an entity that controls, is controlled by or is under common control with a party, where control means ownership of more than 50% of the voting interests.
  • “Authorized User” means an employee or contractor of Customer whom Customer permits to use the Service on its behalf.
  • “Business Day” (also written “business day”) means a day other than a Saturday, Sunday or public holiday in Istanbul, Türkiye (for Customers to which Turkish law applies under Section 23) or in Delaware, United States (for all other Customers). Periods set by law, including notification periods under Turkish Law No. 6698, are counted as provided by that law.
  • “Customer Data” means data and content that Customer or its Authorized Users submit to the Service or that the Service retrieves from Customer’s systems or accounts on Customer’s instructions, including personal data processed under the DPA.
  • “DPA” means the Guester Data Processing Agreement.
  • “Evaluation Access” means free, time-limited access to the Service granted under the Evaluation Access Terms.
  • “Evaluation Grant” means The Artifics’ written approval of Evaluation Access for an identified Customer, as described in the Evaluation Access Terms.
  • “Order” means (a) an order or plan summary accepted electronically in an authenticated Guester account, or (b) an order form signed by both parties that references this Agreement (an “Order Form”). An Order identifies the Customer, properties, modules, subscription term, fees and any special terms.
  • “Schedules” means the Service Description, the Support and Service Level Agreement (SLA), the AI, Automation and Integration Authority and the Refund and Cancellation Policy.
  • “Service” means the Guester software service, including related application programming interfaces, documentation and support, as described in the Service Description and enabled under an Order or Evaluation Grant.
  • “Subscription Term” means the period stated in an Order, including any renewal.
  • “Written” or “in writing” includes email and notices given through the Guester account. However: (a) notices of breach of this Agreement, suspension or termination, and notices of claims for damages or indemnification, must be given in the manner set out in Section 22, except that Customer may also give notice of cancellation, prevention of renewal or termination under Section 10, 11 or 24 through its Guester account settings or by email to info@theartifics.com; (b) amendments to this Agreement, other than updates that take effect under Section 24 without Customer’s acceptance, require an Order Form signed by both parties or acceptance through an authenticated Guester account; and (c) where applicable law requires a particular form, that form must also be used.

This Agreement consists of these terms, each Order, the DPA, the Schedules and, where applicable, the Evaluation Access Terms and the Founding Hotel Program Terms. Only the versions identified in the acceptance record or Order Form form part of the Agreement.

The Agreement is formed when (a) an individual with authority to bind Customer accepts it electronically through an authenticated Guester account, or (b) the parties sign an Order Form that references it. The individual accepting or signing represents that they are authorized to bind Customer. A job title, such as general manager, or a role in the account does not by itself establish that authority, and we may request reasonable evidence of authority and delay activation until it is provided. The acceptance record captures the accepted document versions, date and scope, and Customer receives a copy it can retain.

If documents conflict, the following order applies: (a) the DPA prevails regarding the processing of personal data; (b) the Evaluation Access Terms prevail regarding Evaluation Access, and, subject to the Evaluation Access Terms, the Founding Hotel Program Terms prevail regarding the Founding Hotel Program only; (c) an Order prevails regarding its commercial terms (properties, modules, quantities, fees, Subscription Term, renewal and payment) and any other provision that the Order expressly identifies as overriding this Agreement, except refund terms, which only an Order Form may change; (d) these terms prevail over the Schedules; and (e) the Schedules prevail over other policies. Terms in a Customer purchase order or vendor portal do not apply, even if accepted or acknowledged by us, unless an authorized officer of The Artifics expressly agrees to them in writing. The Privacy Notice and Cookie Notice are informational and do not constitute contractual acceptance or consent to processing.

Subject to this Agreement and payment of applicable fees, The Artifics grants Customer a non-exclusive, non-transferable, non-sublicensable right during the Subscription Term to access and use the Service for the properties and modules identified in the Order, solely for Customer’s internal business operations. Customer may permit its Authorized Users and, if stated in the Order, its Affiliates to use the Service on its behalf. Customer is responsible for their compliance with this Agreement.

Customer keeps credentials confidential, does not share accounts, assigns roles appropriately, removes access promptly when personnel leave and notifies us without undue delay of any suspected unauthorized access. Use of the Service by more properties, users or modules than ordered requires an additional Order.

Customer will not, and will not permit anyone to: (a) compromise or test the security of the Service except through our published reporting channel; (b) access another customer’s data or exceed assigned permissions; (c) upload malicious code or unlawful content; (d) use the Service for unlawful surveillance, discrimination, spam or deceptive practices, including fake or incentivized reviews or review gating that steers only satisfied guests to public review sites; (e) copy, modify, reverse engineer, decompile or attempt to derive the source code of the Service, except to the extent applicable law expressly permits despite this restriction; (f) resell, sublicense, time-share or provide the Service to third parties; (g) scrape or bulk-extract the Service, or use it to build a competing product; or (h) use the Service in breach of applicable law, third-party rights or the terms of connected platforms.

The Artifics provides the Service in a professional manner, in material conformity with the Service Description, and provides support under the SLA. Features shown in marketing materials, roadmaps or demonstrations are not part of the Service unless included in the Order. We do not represent that every module is compatible with every property management system (PMS), channel or online travel agency (OTA).

We may improve and update the Service and apply urgent security, legal or stability corrections at any time. We will not materially reduce the core functionality of a module that Customer has paid for during the current Subscription Term. If a change required by law or by a third-party platform materially reduces the paid Service, we will give reasonable notice and Customer may terminate the affected module and receive a pro rata refund of prepaid fees for the unused period.

As between the parties, Customer owns Customer Data. Customer grants The Artifics a worldwide, non-exclusive, royalty-free right to host, copy, process, transmit and display Customer Data only as necessary to provide, secure and support the Service, to comply with law and as otherwise permitted by this Agreement and the DPA. We do not sell Customer Data, disclose it to other customers, or use it to train AI models, whether for our own purposes or for other customers. We use Customer Data with AI only to provide, secure and support the Service for Customer in accordance with the DPA, including addressing known error patterns under Section 8. The preceding sentence does not restrict the aggregated or de-identified statistics described in this Section.

Customer is responsible for the accuracy and lawfulness of Customer Data, for having the rights and authority to provide it and connect its systems, for giving required notices to guests and personnel and for establishing an appropriate legal basis for processing. Acceptance of this Agreement by Customer’s representative is not consent on behalf of guests or personnel. The processing of personal data on Customer’s behalf is governed by the DPA. Our own controller activities, such as account administration, security and communications, are described in the Privacy Notice.

The Artifics may collect and use technical and usage information about the operation of the Service, and may create aggregated or de-identified statistics that do not identify Customer, any property or any individual, in order to operate, secure, analyze and improve its products. If an instruction appears to us to be unlawful, we will inform Customer and may suspend the affected processing until it is clarified.

The Service uses artificial intelligence to produce analyses, recommendations, translations and drafts. AI outputs may be inaccurate or incomplete, including as to people, properties, prices, dates and events. Customer is responsible for reviewing outputs before relying on them and for subjecting guest-facing content and decisions with financial, operational or employment effects to authorized human review. Decisions about discipline, pay or dismissal must not rely solely on automated output. The Artifics remains responsible for addressing known error patterns and applying appropriate safeguards within its control.

Accepting this Agreement does not authorize the Service to send messages, publish review responses or change rates, availability or other data in external systems. Those actions require separate, function-specific authority, property mapping and human approval under the AI, Automation and Integration Authority.

Customer provides the necessary credentials and permissions and maintains its own agreements with PMS, OTA, channel manager, email and other third-party providers. We access third-party systems only as disclosed and authorized and remain responsible for our own integration components. Third-party outages, quotas, policy changes and data quality are outside our control, and third-party services are governed by their own terms. Competitor rates, OTA offers and public reviews are observations tied to a source and point in time; they are not realized revenue, average daily rate (ADR) or verified facts. The Artifics does not guarantee any occupancy, revenue or pricing outcome. Guester is not an OTA, payment institution or seller of accommodation, and this Agreement does not include payment processing unless expressly stated in an Order.

The Artifics may, at its sole discretion, grant Evaluation Access. Evaluation Access is available only during an approved evaluation period, lasts no more than three calendar months per approved period, may be extended only with our separate prior written approval for further periods of no more than three calendar months each, and never converts automatically into a paid subscription. When Evaluation Access ends, Customer Data can be exported for thirty (30) days as described in the Evaluation Access Terms. Evaluation Access is governed by the Evaluation Access Terms and, for participants, the Founding Hotel Program Terms. Nothing in this Agreement obliges The Artifics to offer, extend or renew Evaluation Access.

Customer will pay the fees stated in each Order. Unless the Order states otherwise, fees are quoted and payable in the currency stated in the Order, are invoiced in advance for each billing period and are due within fifteen (15) days of the invoice date, or are charged automatically to the payment method on file where Customer has selected card or automatic payment. Additional services or third-party charges are charged only if Customer accepts them in advance.

Fees exclude value added tax, sales, use, withholding and similar taxes and duties (“Taxes”). Customer is responsible for all Taxes other than taxes on The Artifics’ net income. Where Customer is required by law to self-assess or reverse-charge a Tax, it will do so. If Customer is required by law to withhold any Tax from a payment, it will increase the payment so that The Artifics receives the amount it would have received without the withholding, unless the Order states otherwise, and will provide official receipts for amounts withheld.

If an undisputed amount is overdue, The Artifics may charge late interest at the lower of 1% per month or the maximum rate permitted by applicable law, and may suspend the Service under Section 12 after giving at least ten (10) Business Days’ written notice. Customer must raise any good-faith invoice dispute in writing within thirty (30) days of the invoice date and pay the undisputed portion on time. We may change fees for a renewal term by notifying Customer at least forty-five (45) days before that renewal term starts; we will not increase the fees for a Subscription Term already accepted. Customer’s right to cancel or prevent renewal under Section 11 is not affected, and Customer may in any case prevent the renewal by giving notice within ten (10) days after receiving a fee-change notice, even if the deadline in Section 11 has passed. Refunds are governed exclusively by the Refund and Cancellation Policy.

Each Subscription Term starts on the date stated in the Order or, if none is stated, on the date the ordered scope is made available. Unless the Order states otherwise: (a) monthly subscriptions renew automatically for successive one-month periods until cancelled; and (b) annual and other multi-month subscriptions renew for successive periods of equal length only if the Order provides for automatic renewal, in which case either party may prevent renewal by giving notice at least thirty (30) days before the end of the current term. Customer may cancel through its account settings or by writing to info@theartifics.com. Cancellation takes effect at the end of the current billing period or Subscription Term. Prepaid fees are not refundable except as stated in the Refund and Cancellation Policy.

This Agreement remains in effect as long as any Order or Evaluation Grant is in effect.

The Artifics may suspend access to the Service, or to an affected account, connection or function, if (a) there is an actual or reasonably suspected security threat or unauthorized access; (b) Customer’s use breaches Section 5 or applicable law or could harm the Service, other customers or third parties; (c) suspension is required by law or by a competent authority; or (d) an undisputed amount remains unpaid after the notice described in Section 10. Suspension is limited to what is reasonably necessary. Where practicable we give prior notice; otherwise we explain the reason and how to resolve it promptly afterwards. We restore access within a reasonable time once the cause is resolved. Suspension does not entitle us to delete Customer Data or to refuse a lawful data return request.

Either party may terminate this Agreement or an affected Order by written notice if the other party materially breaches this Agreement and fails to cure the breach within thirty (30) days after receiving written notice describing it (ten (10) Business Days for non-payment). Either party may also terminate by written notice if the other party becomes insolvent, makes a general assignment for the benefit of creditors, or becomes subject to bankruptcy, liquidation, composition or similar proceedings that are not dismissed within sixty (60) days, to the extent permitted by applicable law. The Artifics may discontinue the Service or a module by giving at least ninety (90) days’ notice, in which case it refunds prepaid fees for the unused period of the affected Subscription Term.

When an Order or this Agreement ends: Customer’s right to use the affected Service ends; all fees accrued before termination remain payable; and, for thirty (30) days, Customer may export available Customer Data through the Service or request a copy in a commonly used format. After that period, we delete Customer Data in accordance with the DPA, except for copies we must retain by law or for the establishment, exercise or defense of legal claims, which remain protected by this Agreement. We describe available export formats and any limitations, and do not obstruct retrieval or deletion.

“Confidential Information” means non-public information disclosed by a party in connection with this Agreement that is marked as confidential or that a reasonable person would understand to be confidential, including Customer Data, pricing strategies, financial information, source code, product plans, security information and trade secrets. The receiving party uses Confidential Information only to perform or exercise its rights under this Agreement, discloses it only to its and its Affiliates’ personnel, contractors and professional advisers who need to know it and are bound by confidentiality obligations at least as protective as these, and protects it with at least reasonable care.

These obligations do not apply to information that the receiving party can show (a) is or becomes public without breach, (b) was lawfully known to it before disclosure, (c) was lawfully received from a third party without restriction, or (d) was independently developed without use of the Confidential Information. A party may disclose Confidential Information if required by law or a competent authority, after giving prior notice to the extent lawful and limiting the disclosure to what is required. Personal data contained in public reviews does not lose protection merely because the review is public.

Confidentiality obligations apply during this Agreement and for five (5) years after it ends, and for as long as information remains a trade secret or personal data is retained. On termination or request, the receiving party returns or deletes Confidential Information, subject to the DPA and to copies retained by law, which remain protected. Each party may seek injunctive or other interim relief to prevent an actual or threatened breach of this Section.

The Artifics and its licensors own all rights, title and interest in and to the Service, Guester software, models, designs, documentation, the Guester and The Artifics names and logos, and all improvements and derivative works of them, including improvements developed from feedback or aggregated statistics. Except for the rights expressly granted in this Agreement, no rights are granted to Customer, by implication or otherwise.

If Customer or its Authorized Users provide suggestions or feedback about the Service, The Artifics may use them without restriction or obligation, provided that we do not publish Customer’s Confidential Information or personal data. The Artifics may identify Customer by name or logo as a customer, or publish case studies, testimonials or screenshots, only with Customer’s prior written permission. Participation in any evaluation or founding program does not give Customer any equity, investment, profit-sharing or ownership interest in The Artifics or in any development.

Each party represents that it is duly organized and has the authority to enter into this Agreement. The Artifics warrants that, during a paid Subscription Term, (a) the Service will perform materially as described in the Service Description, and (b) it will not knowingly introduce malicious code into the Service. If the Service does not conform to this warranty and Customer notifies us within thirty (30) days of discovering the non-conformity, we will use commercially reasonable efforts to correct it. If we cannot do so within a reasonable time, Customer may terminate the affected module and receive a pro rata refund of prepaid fees for the unused period. This is Customer’s exclusive remedy for breach of this warranty, without prejudice to remedies that cannot be excluded by law.

Except as expressly stated in this Agreement, and to the maximum extent permitted by law, the Service is provided “as is” and “as available”, and The Artifics disclaims all other warranties, whether express, implied or statutory, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant that the Service will be uninterrupted or error-free, that AI outputs or third-party data will be accurate or complete, or that the Service will achieve any particular business result. Evaluation Access and features identified as beta, preview or experimental are provided without any warranty.

By The Artifics. The Artifics will defend Customer against any claim brought by a third party alleging that the Service, as provided by us and used by Customer in accordance with this Agreement during a paid Subscription Term, infringes that third party’s patent, copyright or trademark or misappropriates its trade secret, and will pay the damages and costs finally awarded against Customer or agreed in a settlement approved by us. This obligation does not apply to claims arising from Customer Data, third-party services or content, combinations with items not provided by us, modifications not made by us, use in breach of this Agreement, or Evaluation Access. If the Service is or is likely to be subject to such a claim, we may procure the right for Customer to continue using it, modify it to be non-infringing, or terminate the affected module and refund prepaid fees for the unused period.

By Customer. Customer will defend The Artifics against any claim brought by a third party, including a guest, employee or authority, arising from Customer Data, Customer’s breach of Section 5, Customer’s unlawful instructions, or communications and transactions between Customer and its guests, and will pay the damages and costs finally awarded or agreed in a settlement approved by Customer.

Procedure. The indemnified party must promptly notify the indemnifying party of the claim, give it sole control of the defense and settlement and provide reasonable cooperation at the indemnifying party’s expense. The indemnifying party will not settle a claim in a way that imposes obligations on, or admits fault of, the indemnified party without that party’s consent. This Section states each party’s entire obligation regarding third-party claims covered by it and is subject to Section 18.

To the maximum extent permitted by law, neither party is liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, goodwill or anticipated savings or business interruption, however caused and even if advised of their possibility. Notwithstanding this exclusion, the reasonable costs of restoring or recovering data lost or corrupted as a result of a party’s breach of its data protection or security obligations are direct damages, subject to the Enhanced Cap.

To the maximum extent permitted by law, each party’s total aggregate liability arising out of or relating to this Agreement is limited to the greater of (a) the fees paid and payable by Customer under this Agreement in the twelve (12) months before the event giving rise to the liability, and (b) USD 1,000 (the “General Cap”). For breach of data protection obligations under the DPA, breach of Section 14 (Confidentiality) and the indemnification obligations under Section 17 (together, “Enhanced Claims”), each party’s total aggregate liability is limited to two (2) times the General Cap (the “Enhanced Cap”). The Enhanced Cap applies to Enhanced Claims instead of the General Cap, and the General Cap applies to all other claims. In no event does a party’s total aggregate liability for all claims arising out of or relating to this Agreement, including Enhanced Claims, exceed the Enhanced Cap. For Evaluation Access, each party’s liability is limited as set out in the Evaluation Access Terms.

The limitations in this Section do not apply to liability for intentional misconduct or gross negligence, death or personal injury caused by negligence, Customer’s obligation to pay fees due, or any other liability that cannot be limited or excluded under applicable law. Multiple claims do not enlarge these limits, and the same loss cannot be recovered more than once under different documents or legal theories. Nothing in this Agreement limits the powers of public authorities or statutory rights of data subjects.

Each party will comply with laws applicable to its performance under this Agreement, including anti-bribery and anti-corruption laws such as the U.S. Foreign Corrupt Practices Act and the Turkish Criminal Code. Neither party will offer or accept improper payments in connection with this Agreement.

The Service is subject to U.S. export control and economic sanctions laws and may be subject to the export, import and sanctions laws of other jurisdictions, including Türkiye, the European Union and the United Kingdom. Customer represents that it, its owners and its Authorized Users are not the subject or target of sanctions, are not listed on any U.S. government restricted-party list, and are not located, organized or ordinarily resident in a country or region subject to comprehensive U.S. sanctions. Customer will not permit access to or use of the Service in breach of these laws. The Artifics may suspend or terminate the Service immediately if necessary to comply with them.

Neither party may assign or transfer this Agreement without the other party’s prior written consent, which will not be unreasonably withheld. However, The Artifics may assign this Agreement, without Customer’s consent and with notice to Customer, to an Affiliate or to a successor in connection with a merger, acquisition, corporate reorganization or sale of all or substantially all of the assets or business to which this Agreement relates, provided that the successor assumes our obligations under this Agreement and the DPA. If Customer sells or transfers the operation of a property, it will notify us in advance so that the transfer of the account and Customer Data to a new operator can be agreed in writing; we will not transfer Customer Data to a new operator without Customer’s authorization or a legal obligation. Any attempted assignment in breach of this Section is void. The Artifics may use subcontractors and subprocessors to perform the Agreement and remains responsible for their performance, subject to the DPA.

Neither party is liable for a delay or failure to perform, other than a payment obligation, caused by events beyond its reasonable control that could not have been avoided by reasonable precautions, such as natural disasters, epidemics, war, terrorism, civil unrest, governmental action, or large-scale failures of public utilities or internet infrastructure. The affected party will notify the other party promptly and use reasonable efforts to mitigate the effects. Ordinary capacity shortages, remediable software defects and unpatched security vulnerabilities are not force majeure events merely because a third party is involved. If a force majeure event prevents performance for more than thirty (30) consecutive days, either party may terminate the affected Order without penalty, and Customer will receive a pro rata refund of prepaid fees for the unused period.

Legal notices to The Artifics must be sent in writing to The Artifics, Inc., Attn: Legal, 2810 N. Church Street, STE 91313, Wilmington, Delaware 19802, United States, with a copy by email to info@theartifics.com. Legal notices to Customer may be sent to the address or account administrator email in the Order. Notices are effective on receipt; email notices are effective when sent, unless the sender receives an automated notice of non-delivery. Routine service notices may be given through the Service or by email. Where applicable law requires a particular form of notice, such as a notarial notice or registered electronic mail (KEP), that form must also be used.

Customers in Türkiye. If Customer’s principal place of business, or the property covered by the Order, is located in Türkiye, this Agreement is governed by the laws of the Republic of Türkiye, without regard to its conflict-of-laws rules, and, to the extent permitted by law, the Istanbul Central (Çağlayan) Courts and Enforcement Offices have exclusive jurisdiction.

All other Customers. In all other cases, this Agreement is governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws rules, and the state and federal courts located in New Castle County, Delaware have exclusive jurisdiction. Each party irrevocably submits to that jurisdiction and, to the extent permitted by law, waives any right to a trial by jury in any proceeding arising out of or relating to this Agreement.

The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act do not apply. Either party may seek injunctive or other interim relief in any competent court to protect its intellectual property or Confidential Information. This Agreement is published in English and Turkish. For Customers in Türkiye the Turkish text governs; for all other Customers the English text governs, in each case subject to mandatory language requirements. The governing text is identified in the acceptance record or Order Form.

This Agreement is the entire agreement between the parties regarding its subject matter and supersedes all prior or contemporaneous proposals, understandings and agreements, including earlier versions of the Guester legal documents published before the incorporation of The Artifics, Inc. The Artifics may update these terms. Non-material updates take effect when published. A material change that is adverse to Customer applies to Customer only after Customer expressly accepts it. Until then, the version in effect before the change continues to apply to Customer, including in any renewal term. If Customer does not accept the change, The Artifics may prevent the next renewal of the affected Order by notice given at least thirty (30) days before the end of the then-current term or, for a monthly subscription, by notice taking effect at the end of the first monthly billing period that ends at least thirty (30) days after the notice. Changes required by law or to address security risks may take effect on notice; if such a change is materially adverse to Customer, Customer may terminate the affected Order by notice given within thirty (30) days after our notice and receive a pro rata refund of prepaid fees for the unused period. Silence or continued use alone does not constitute acceptance of a material adverse change. Fee changes for a renewal term are governed by Section 10. Any other amendment must be in writing and accepted by both parties.

If any provision is held invalid or unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions remain in effect. A failure or delay in exercising a right is not a waiver. The parties are independent contractors; nothing in this Agreement creates a partnership, franchise, joint venture, agency or employment relationship. There are no third-party beneficiaries. This Agreement and any Order may be accepted electronically and executed in counterparts, and electronic signatures and records are valid and binding to the extent permitted by law. Headings are for convenience only, and “including” means “including without limitation”. Sections 7, 10 (as to amounts due), 13 to 18, 20 and 22 to 24, and any other provision that by its nature should survive, survive termination.

Version 4.1. The document date shown at the top of this page is the date this version was published. For each Customer, the Agreement takes effect on the acceptance date recorded in its Guester account or the effective date stated in its Order Form. Earlier informational versions of this document published before the incorporation of The Artifics, Inc. are superseded.

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