Terms of Service

VoPMSprovides a cloud-based, multi-tenant property-management system (“PMS”) for hotels and similar properties, including reservations, front-desk operations, housekeeping and maintenance, folio and payments, reporting and night audit, guest messaging, and related features (collectively, the “Service”). We may add, change, or remove features over time. We provide the Service on a subscription basis under the plan you select.

You must provide accurate account information and keep it current. You are responsible for the acts and omissions of your users (owners, managers, front-desk, housekeeping, maintenance and other staff), for assigning appropriate roles and permissions, and for maintaining the confidentiality of credentials. You must promptly notify us of any unauthorized use. The Service is not directed to individuals under 18, and you must be able to form a binding contract to use it.

Fees are based on your selected plan and are billed in advance on a recurring basis unless stated otherwise. Unless required by law, fees are non-refundable and exclusive of taxes, which you are responsible for. Plans renew automatically for successive terms unless cancelled before renewal. We may change pricing on notice effective at your next renewal. If an amount is past due, we may suspend or limit the Service after reasonable notice.

As between the parties, you own the data you and your guests submit to the Service (“Customer Data”), including guest profiles, reservations, and folios. You grant us a limited license to host, process, and transmit Customer Data solely to provide and support the Service, to secure and improve it, and as otherwise permitted by these Terms and our privacy practices.

You are the controller of guest personal data; we act as your processor and process it on your documented instructions. You are responsible for having a lawful basis to collect and share guest data with us, for providing required privacy notices, and for honoring data-subject and consumer-privacy requests (e.g., under GDPR, UK GDPR, or CCPA/CPRA). We maintain reasonable technical and organizational safeguards appropriate to the Service.

Sub-processors. The Service runs on and integrates with third-party infrastructure and providers, which may include Cloudflare (hosting, storage, and delivery), our database provider, and payment and messaging providers such as Stripe, Resend, and Twilio. Their processing is governed by their own terms; we remain responsible for our sub-processors as required by applicable law.

You agree not to, and not to permit anyone to:

• use the Service in violation of any law, regulation, or third-party right;
• send unlawful, deceptive, harassing, or unsolicited messages, or content you lack the right to send;
• upload malware or attempt to gain unauthorized access to the Service or other tenants’ data;
• reverse engineer, resell, or provide the Service to third parties except your authorized users; or
• interfere with the integrity or performance of the Service, or exceed documented usage limits.

The Service lets you send messages to guests by email and SMS/text. You are solely responsible for the content of your communications and for complying with all laws and industry rules that apply to them, including the U.S. Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, CTIA messaging principles and carrier requirements (including A2P 10DLC registration), and GDPR/ePrivacy where applicable. In particular, you must obtain and maintain records of the consents described in Section 8 before sending messages to a guest.

Where you enable payment features, card processing is performed by a third-party processor (e.g., Stripe). We do not store full card numbers; sensitive card data is handled by the processor. You are responsible for your merchant relationship, for chargebacks and refunds, and for complying with card-network rules and PCI-DSS as applicable to your operations.

Consent to receive messages. By providing a mobile phone number to a property or to VoPMS, and by opting in where prompted, you agree to receive recurring automated text messages related to your reservation and stay at the phone number provided. Consent to receive marketing texts, where offered, is separate and is not a condition of any purchase.

• Message frequency varies based on your reservation and interactions and may be recurring.
• Message and data rates may apply. Rates are charged by your mobile carrier and are your responsibility.
• Opt out at any time by replying STOP to any message. You will receive a confirmation and no further messages, except a final opt-out confirmation.
• Help is available by replying HELP or by emailing support@vopms.app.
• Supported carriers may vary; carriers are not liable for delayed or undelivered messages.

Property responsibility.Each property (Customer) is responsible for obtaining and documenting each guest’s prior express consent before messages are sent, for honoring opt-outs, and for the content of its messages, in accordance with Section 6. VoPMSprovides the opt-out (STOP) and help (HELP) handling and consent tooling but does not originate messages except at the property’s direction. Guest phone numbers collected for messaging are used to deliver these messages and are not sold.

We and our licensors own all rights in the Service, including its software, design, and trademarks. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable right to use the Service during your subscription. If you give us feedback or suggestions, we may use them without restriction or obligation.

The Service may interoperate with third-party services (e.g., payment processors, messaging and email providers, online travel agencies, smart-lock and IoT devices). Your use of those services is governed by their terms, and we are not responsible for their availability, acts, or omissions.

The Service is provided “as is” and “as available” without warranties of any kind, 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, error-free, or secure, or that it will meet your requirements.

To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, or goodwill, arising out of or relating to these Terms or the Service, even if advised of the possibility. Each party’s total aggregate liability arising out of or relating to these Terms will not exceed the amounts you paid to VoPMS for the Service in the twelve (12) months before the event giving rise to the liability.

Nothing in these Terms limits liability that cannot be limited under applicable law (for example, for fraud, willful misconduct, or a party’s indemnification obligations).

By you. You will defend, indemnify, and hold VoPMSharmless from claims, damages, and costs (including reasonable legal fees) arising from your Customer Data, your guest communications and consent practices, your use of the Service in violation of these Terms or law, or your relationship with your guests.

By us.We will defend, indemnify, and hold you harmless from third-party claims alleging that the Service, as provided by us and used in accordance with these Terms, infringes that third party’s intellectual-property rights.

You may stop using and cancel the Service at any time. We may suspend or terminate the Service for material breach (including non-payment or prohibited use), on reasonable notice where practicable, or immediately to protect the Service or other customers. On termination, your right to use the Service ends. We will make Customer Data available for export for a reasonable period, after which we may delete it in the ordinary course.

We may update these Terms from time to time. If we make material changes, we will provide reasonable notice (for example, by posting the updated Terms with a new “Last updated” date or by in-app notice). Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

These Terms are governed by the laws of the jurisdiction in which VoPMS is established, without regard to conflict-of-laws rules, and the parties submit to the exclusive jurisdiction of the courts located there, except that either party may seek injunctive relief in any court of competent jurisdiction. If any provision is held unenforceable, the remaining provisions remain in effect.

Questions about these Terms: legal@vopms.app. Support: support@vopms.app.