Terms and conditions
BEFORE USING THIS SOFTWARE AND OUR SERVICES, YOU MUST READ AND ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT, OTHERWISE YOU CANNOT USE IT.
Both parties agree that the following terms and for the purposes of this contract, will have the meanings expressed in this document exclusively.
1.1 - Service provider
: Softinmotion, Tecnologias de Informação Unipessoal Lda, VAT PT507507053, based in Lisbon, Portugal
1.2 - Client
: The entity that accepts this contract and that will be the beneficiary of the use of the Zodomus software.
1.3 - Zodomus
: It is a software tool, called “channel manager” that connects to OTAs channels via API, with the registered trademark “Zodomus”, property of Softinmotion Lda. The software is used on a monthly rental basis, with access via the Internet.
1.4 - Data
: Information contained in a database hosted on the Zodomus software.
1.5 - Website
: Internet address where the Zodomus software is hosted.
1.6 - User
: Any user of the Zodomus software, whether a client, employee of the client, client of the client or merely a user of the Zodomus website.
1.7 - Email
: It is the term for electronic messages sent through a computer or electronic device.
1.8 - SPAM
: It is the abusive and unauthorized use of email messages.
1.9 - Servers
: More powerful computers where the Zodomus software is installed.
1.10 - API
: Application Programable Interface (Interface between programs)
1.11 - OTA
: Online Travel Agencies
2.1 - The purpose of this contract is to make the Zodomus software available to the client, on a monthly rental basis.
2.2 - The Zodomus software is an Internet-based channel manager API that allows access to OTA channels (Online Travel Agencies).
2.3 - The client who accepts the conditions of this contract has full access to all the features of the Zodomus software, without limitations on space, users or features.
2.4 - The service provider has no responsibility for the use that the client makes of Zodomus, namely in property management, only provides a software rental service.
3) Ownership and copyright
3.1 - The ownership and copyright of the Zodomus software are always owned by the service provider.
3.2 - The client, when renting the Zodomus software, has the right to use it, without however acquiring any property or copyright over it.
3.3 - The client may not, under any circumstances, assign, transfer, sell or rent the service that has been made available to any other entity.
3.4 - The Zodomus software is not for the exclusive use of the client, it is shared by several clients whose use will be assigned exclusively by the service provider.
4) About the terms of service
4.1 - The terms of the service provided are applicable to the client, its employees and clients of the client or users of the Zodomus website, who use the Zodomus software, in its official or demo version.
4.2 - By using the Zodomus software the user is accepting the terms of service that are in force at the time of use and that are present in the terms and conditions of the software.
4.3 - These terms may be updated by the service provider without any prior notice.
4.4 - It is the duty of all users of the Zodomus software to periodically consult the terms of service, before using the service.
4.5 - Violation of any of the conditions established in the terms of service gives the service provider the right to cancel the client's account.
5) Access to tests
5.1 - A test access account is available where users can test all the features of the Zodomus software without any costs or contractual responsibility.
5.2 - This test site allows the user to clear all doubts and test whether the application meets their requirements.
5.3 - The test site has no guarantee of data protection or continuity of service.
5.4 - Real data should not be placed on the test site, as they can be deleted at any time, with no backup copies on the test site.
5.5 - The use of the testing site does not grant the potential client or user any guarantees or rights.
5.6 - The test site can only be used if the user reads and accepts the conditions imposed in this contract.
6) Length of the testing period
6.1 - On the test site, the minimum allowed duration will be 1 month, which can be extended.
7) Updates and maintenance
7.1 - The Zodomus software is subject to periodic updates and improvements that may be made without prior notice to clients.
7.2 - The service provider has the continuous objective of improving the Zodomus software, however it is not obliged to make modifications or improvements requested by its clients.
7.3 - There may be periods of maintenance of the Zodomus servers and software that require the temporary stop of the service, but will be done preferably at the weekend and in periods outside working hours or on low usage.
8) Conditions of use
8.1 - The user of the Zodomus software is entirely responsible for maintaining the security of his access data.
8.2 - The client may not use the Zodomus software for any illicit or unauthorized purposes, being responsible for all content posted on the website.
8.3 - The client is responsible for all content printed or sent by letter, fax, email or other means of communication through the Zodomus software, being responsible for verifying that he is not violating any procedure or law.
8.4 - The client cannot use the means of transmitting information, namely email for sending unauthorized messages, called SPAM. All emails sent must be preceded by an explicit authorization for their sending.
8.5 – Properties should not be managed, through the Zodomus system, without the prior authorization of the property owners to the Zodomus user.
9) Prices and payments
9.1 - The service provider can review the prices applied to clients, however, they must give a notice of 60 (sixty) days with information about the new prices.
9.2 - The client can cancel his account if he does not agree with the price increase, respecting the notice periods expressed in article 11.5 - Cancellations.
9.3 - Payments are always monthly, and the client can cancel the contract whenever he wants without any justification, as long as he respects the period of notice.
9.4 - The payment term is 15 (fifteen) days from the end of the current month, that is, the payment must be made until the 15th of the month following the use of the Zodomus software.
9.5 - If 30 (thirty) days pass after the end of the month of use (or 15 days after the expected payment date), the account will be suspended, preventing the client's access to the Zodomus software.
9.6 - The account will no longer be suspended after payment of the amounts due plus the respective interest (if due).
9.7 - Any delay in payments will allow the service provider to charge interest under the terms of the current legislation, with a period of 60 (sixty) days after which interest on arrears will begin to accrue at the rate of 12% plus 2% of according to Ordinance 262/99, of 12 April (article 102 of the Commercial Code).
9.8 – All updates prices should be consulted on our website.
10.1 - A cookie is a small text file that is downloaded to your computer when you visit our websites.
11) Production use
11.1 - The confirmation that you want to use Zodomus in production must be made in writing (email, registered letter or fax).
11.2 - The subsequent use of the Zodomus service implies acceptance of the terms and conditions of this contract.
11.3 - If you do not agree with any of the terms of this contract, you should not proceed to use the Zodomus service.
12.1 - The service provider may suspend the client's account in case of non-payment.
12.2 - The service provider may suspend or cancel the account if the client does not comply with any of the obligations and terms defined in this contract, upon prior notice.
12.3 - The suspension of the client's account, has a notice period of 30 (thirty) days, except for non-payment, whose period of notice is 15 (fifteen) days. The suspension of the account prevents the access of the client to the Zodomus software.
12.4 - After the account is suspended, if the client does not resolve the problem that caused the suspension, the service provider may cancel the account by giving 60 (sixty) days notice.
12.5 - The cancellation of the contract by the client can be done without any justification, having to be done by email, fax or registered letter with a notice of 5 (five) working days before the end of the month.
12.6 - If the cancellation is made by the service provider, the client's data will be kept for a period of one year, unless they are deleted by the client or we are formally advised by the client to delete the data.
12.7 - If the cancellation is made by the client, the data will be erased, therefore the client is responsible for copying them beforehand, before canceling the contract.
13) Warranties and exclusions
13.1 - The service provider undertakes to make every effort to ensure that the Zodomus software is free from errors, making efforts to resolve it quickly if errors are detected.
13.2 - The client understands and accepts that the Zodomus software, due to its technological characteristic, is subject to errors and eventual failures, which may take a long time to resolve.
13.3 - The service provider makes every effort to ensure continuity of service provision, using redundant server systems, parallel data copying and data backup copies, however the client is aware that there may be failures or malfunctions that cause the service to break temporarily.
13.4 - The client understands that since the service is provided over the Internet, it is dependent on the various communication and Internet service providers and the computers and devices that are between the client and the service provider's servers.
13.5 - The Zodomus software is licensed as is and the client is responsible for all the risk inherent in its use, and cannot attribute to the service provider the inadequacy of the Zodomus software to their needs or problems or failures in its operation.
13.6 - The service provider does not guarantee that the Zodomus software meets all of the client's needs, it is up to the client to use the testing website and take advantage of the trial period to be sure that he intends to use the Zodomus software.
13.7 - The Zodomus software connects to OTA channels that can suffer failures and errors, the failures and errors of these channels are the sole responsibility of those OTAs.
13.8 - The client expressly understands that the service provider cannot be responsible for any damage or loss, direct or indirect, resulting from the use of the Zodomus software.
14) PCI compliance and security
14.1 - Anyone involved with the processing, transmission or storage of credit card data must comply with the Payment Card Industry Data Security Standards (PCI DSS)
14.2 - PCI compliance is a shared responsibility and applies to both Zodomus and the client system.
14.3 If you are not PCI DSS compliant you should not store card data in your system, you should use Zodomus to access card data and not store it.
14.4 All our clients must validate their PCI compliance if they need to access credit card data in Production.
14.5 Your API calls must use HTTPS and a modern version of TLS (TLS 1.2 or bigger).
15) Law and jurisdiction
15.1 - This contract is governed by the law in force in Portugal.
15.2 - For the resolution of any dispute arising from this contract that is not amicably resolved, the jurisdiction of Lisbon is chosen as the competent forum, with express waiver of any other.