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Disclaimer

Important Notice: This disclaimer outlines the limitations and conditions of using Octorate's services. Please read this carefully before using our platform.

1. General Information

This disclaimer applies to all services, software, and information provided by Octorate Cloud Hospitality Solutions ("Octorate", "we", "our", or "us"). By using our services, you acknowledge and agree to the terms outlined in this disclaimer.

This disclaimer is governed by Danish law and is subject to the jurisdiction of the courts of Denmark.

2. Service Availability and Performance

2.1 No Guarantee of Uptime

While we strive to maintain high service availability, we do not guarantee uninterrupted access to our services. Our platform may experience downtime due to:

  • Scheduled maintenance and updates
  • Technical issues and system failures
  • Third-party service disruptions
  • Network connectivity issues
  • Force majeure events

2.2 Performance Limitations

We do not warrant that our services will meet your specific requirements or perform to any particular standard. Service performance may vary based on:

  • Your internet connection quality
  • System configuration and hardware
  • Volume of data and concurrent users
  • Third-party integrations and dependencies

Important: We recommend implementing backup systems and contingency plans for critical business operations.

3. Data and Information Accuracy

3.1 Data Input Responsibility

You are solely responsible for the accuracy, completeness, and legality of all data you input into our system. We do not verify or validate:

  • Guest information and booking details
  • Property information and pricing data
  • Financial and accounting information
  • Compliance with local regulations

3.2 Third-Party Data

We integrate with various third-party services and channels. We do not guarantee the accuracy or availability of data from:

  • Online travel agencies (OTAs)
  • Payment processors
  • Marketing platforms
  • External booking systems

3.3 Information on Our Website

The information on our website is provided for general informational purposes only. We make no representations or warranties about the accuracy, completeness, or suitability of this information for any particular purpose.

4. Limitation of Liability

4.1 General Limitations

To the maximum extent permitted by law, Octorate shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to:

  • Loss of profits, revenue, or business opportunities
  • Loss of data or information
  • Business interruption or downtime
  • Cost of substitute services
  • Personal injury or property damage

4.2 Maximum Liability

Our total liability to you for any claims arising from or related to our services shall not exceed the total amount paid by you for our services in the 12 months preceding the claim.

4.3 Exclusions

This limitation of liability applies regardless of the legal theory on which the claim is based, including contract, tort, negligence, or strict liability.

Important: Some jurisdictions do not allow the limitation of certain damages, so some of these limitations may not apply to you.

5. Third-Party Services and Integrations

5.1 Third-Party Dependencies

Our services depend on various third-party providers for:

  • Cloud hosting and infrastructure
  • Payment processing
  • Channel management and booking synchronization
  • Communication services
  • Analytics and monitoring

5.2 Third-Party Terms

Your use of third-party services is subject to their respective terms of service and privacy policies. We are not responsible for:

  • Third-party service availability or performance
  • Changes to third-party terms or pricing
  • Data handling by third-party providers
  • Disputes between you and third-party providers

5.3 Integration Risks

Third-party integrations may:

  • Experience service disruptions or changes
  • Modify their APIs or data formats
  • Implement new security requirements
  • Change pricing or availability

6. Security and Data Protection

6.1 Security Measures

While we implement industry-standard security measures, no system is completely secure. We cannot guarantee protection against:

  • Unauthorized access or data breaches
  • Malware, viruses, or cyberattacks
  • System vulnerabilities or exploits
  • Human error or negligence

6.2 Data Backup Responsibility

You are responsible for:

  • Maintaining your own data backups
  • Implementing appropriate security measures
  • Monitoring access to your account
  • Reporting security incidents promptly

6.3 Compliance Obligations

You are responsible for ensuring compliance with:

  • Data protection regulations (GDPR, CCPA, etc.)
  • Industry-specific requirements
  • Local and international laws
  • Payment card industry standards

7. Business and Financial Risks

7.1 Market Risks

Using our services involves inherent business risks, including:

  • Changes in market conditions
  • Competition from other providers
  • Economic downturns or disruptions
  • Regulatory changes

7.2 Operational Risks

Your business operations may be affected by:

  • Service disruptions or downtime
  • Data loss or corruption
  • Integration failures
  • Staff training and adoption challenges

7.3 Financial Considerations

We do not guarantee:

  • Increased revenue or bookings
  • Cost savings or operational efficiency
  • Return on investment
  • Specific business outcomes

8. Professional Advice

The information and services we provide do not constitute:

  • Legal advice or legal services
  • Financial advice or investment recommendations
  • Tax advice or tax services
  • Business consulting or strategic advice

You should consult with qualified professionals for advice on legal, financial, tax, or business matters specific to your situation.

9. Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to:

  • Natural disasters and extreme weather
  • War, terrorism, or civil unrest
  • Government actions or regulatory changes
  • Pandemic or public health emergencies
  • Infrastructure failures or power outages
  • Cyberattacks or security incidents

10. Indemnification

You agree to indemnify and hold harmless Octorate from any claims, damages, losses, or expenses (including reasonable attorney fees) arising from:

  • Your use of our services
  • Your violation of these terms or applicable laws
  • Your negligence or misconduct
  • Claims by third parties related to your use of our services

11. Changes to Services and Terms

We reserve the right to:

  • Modify, suspend, or discontinue any aspect of our services
  • Change pricing, features, or functionality
  • Update these disclaimers and terms
  • Implement new security measures or requirements

We will provide reasonable notice of material changes when possible.

12. Governing Law and Jurisdiction

This disclaimer is governed by the laws of Denmark. Any disputes arising from or related to this disclaimer shall be subject to the exclusive jurisdiction of the courts of Copenhagen, Denmark.

13. Severability

If any provision of this disclaimer is found to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.

14. Contact Information

If you have questions about this disclaimer, please contact us:

Octorate Cloud Hospitality Solutions
Nyhavn 17, 1051 Copenhagen, Denmark
Phone: +45 32 72 44 11
Email: legal@octorate.com

Last updated: December 2024