Terms of Service

These Terms of Service (the "Terms") are entered into between the entity identified in the Contact clause at the end of this document ("Anyname Hotel", "we", "us") and the hotel, company or other legal person that holds a licence to the Service (the "Property", "you").

The Terms take effect on the earlier of the date the Property first accesses the Service and the date it signs an order form or accepts a written offer referring to them. They apply to every person the Property gives a login to.

The Property's owner account accepts these Terms on behalf of the Property and of every staff account it creates, and warrants that the person doing so is authorised to bind the Property.

These Terms, the Privacy Policy, and any order form, written offer or data processing agreement signed by both parties together form the whole agreement (the "Agreement"). Where they conflict, a signed order form prevails over these Terms, and these Terms prevail over any other document.

•"Service" means the Anyname Hotel property-management software in all the forms we make it available: the web application, the iOS application, the Android application, and any application programming interface or integration we provide with them.

•"Customer Data" means all data the Property or its Users enter into, or generate through, the Service — rooms, guests, reservations, folios, payments, expenses, tasks, notes and reports.

•"User" means an individual to whom the Property grants a login, including its employees, contractors and agents.

•"Licence Period" means the period stated in the order form or written offer for which the Property has paid.

•"Personal Data", "data controller", "data processor" and "processing" carry the meanings given to them in Law no. 6698 on the Protection of Personal Data ("KVKK") and, where it applies, in Regulation (EU) 2016/679 ("GDPR").

Subject to the Property's compliance with the Agreement and to payment of the fees, we grant the Property a non-exclusive, non-transferable, non-sublicensable right to access and use the Service for its own internal business of operating its accommodation property, for the Licence Period.

The Service is licensed, not sold. We reserve every right not expressly granted here.

The Service is provided as software-as-a-service. We may change, improve or re-arrange features over time. We will not materially reduce the core functionality the Property is paying for during a Licence Period without giving the owner account notice and, where the reduction is material and the Property objects, a pro-rata refund of the unused part of that period.

Access is granted per User, under a role — owner, manager, accountant, reception or housekeeping — that limits what that person can see and do. There is no public self-signup: accounts exist only where we or the Property's owner account have created them.

The Property is responsible for keeping credentials confidential, for granting the narrowest role that lets a User do their job, for removing accounts promptly when staff leave, and for all activity carried out under its accounts, whether or not authorised by it.

Logins are personal. Sharing one login between two people defeats the action log, which is the record the Property itself relies on when it needs to know who did something.

The Property must tell us without undue delay at the contact address below if it believes a credential has been compromised.

The Property and its Users must not:

•Resell, rent, sublicense, or make the Service available to any third party as a service bureau.

•Copy, modify, translate, decompile, disassemble or reverse-engineer the Service, or attempt to derive its source code, except to the extent this restriction is prohibited by law.

•Attempt to access another Property's data, probe or test the security of the Service, or circumvent any access control or rate limit.

•Introduce malicious code, or use the Service in a way that impairs it for anybody else.

•Store data unrelated to operating the property, or any data whose storage would breach a law that applies to the Property.

•Use the Service to send unsolicited commercial messages to guests.

We may investigate a suspected breach of this clause and, where the breach threatens the security or integrity of the Service or of another Property's data, suspend access under clause 12 while we do.

Customer Data belongs to the Property. We claim no ownership of it, acquire no licence to it beyond what is needed to provide the Service and to meet our own legal duties, and do not use it to build products for anyone else. We do not sell it, rent it, use it for advertising or profiling, or use it to train machine-learning models.

The Service, its software, design, documentation and all intellectual property in them belong to us and to our licensors. Feedback the Property gives us about the Service may be used freely and without obligation, but never in a way that identifies the Property or discloses Customer Data.

We may compile aggregated, fully anonymised statistics about how the Service is used — figures from which no Property, User or guest can be identified, directly or indirectly — and use them to operate and improve the Service.

The Property decides what guest and staff data goes into the Service and why. It is the data controller for that data. We process it on the Property's documented instructions as its data processor. The Privacy Policy sets out how, and forms part of the Agreement.

The Property warrants that it has a lawful basis for every category of Personal Data it records, that it gives its guests and staff the information notices the law requires, that it does not enter more data than it needs, and that it keeps the data accurate.

Turkish law requires accommodation providers to report guest identities to the authorities. Where the Property uses the identity-reporting features, the Service records and organises the identity data the Property entered so it can be reported through the Property's own account with the authorities. The duty to report, and the accuracy and timeliness of what is reported, remain the Property's.

The Property must handle requests from guests and staff about their own data. It can act on such a request directly inside the Service — view, correct, export or delete the record — without needing anything from us.

The Property can read, search, filter and print its records from inside the Service at any time while its licence is active. That needs no permission from us and is not rate-limited.

A bulk export — the whole database in one downloadable file — is a reviewed request. The Property asks from Settings → Export data and states what the export is for; we approve or refuse by hand and give the reason. An approval opens the download for a limited period, after which the Property may ask again.

We review these because one file containing every guest record, identity number and payment is worth a decision, and because it lets us notice a request that does not come from the people who should be making it.

We will not refuse an export the Property needs to meet a legal duty — answering a data-subject request under KVKK or the GDPR, a court order, or a tax or regulatory audit. Say so in the request and it will be approved. Nor will we refuse one in order to make leaving harder: a Property that has given notice, or whose licence is ending, gets its data.

We may refuse where we cannot establish that the request came from the Property's own owner or manager, where an invoice is overdue, or where the stated purpose is one we are not willing to assist with. A refusal is always given with its reason in writing.

Fees and the length of the Licence Period are set in the order form or written offer accepted by the Property. They are not published inside the Service. Unless stated otherwise, fees are exclusive of VAT and of any other tax, which the Property pays in addition.

The price agreed for a Licence Period is fixed for the whole of that period. We do not raise it in the middle of a period the Property has already paid for.

We may set a different price for the next period. We tell the owner account in writing at least 30 days before the current period ends. If the Property does not accept the new price it may let the licence lapse at the end of the current period, having first exported its records; using the Service after a new period has begun means the new price is accepted.

A licence does not renew automatically unless the order form expressly says so. Where it does provide for automatic renewal, the Property may stop the renewal by telling us before the current period ends.

Invoices are payable within the period stated on them. Where an invoice is overdue we may suspend access under clause 12 after giving the owner account written notice and a reasonable opportunity to pay.

We aim to keep the Service available continuously. It can nevertheless be interrupted by maintenance, by an incident at a hosting provider, or by an event outside our reasonable control. Where an interruption is planned, we give notice where we reasonably can and prefer hours when a front desk is quiet.

We do not commit to a numerical uptime figure in these Terms. Where an order form states a service level, that order form governs.

Support is provided through the contact channel agreed with the Property, in Turkish and English, during our normal working hours.

The Service can connect to systems we do not control — the authorities' identity-reporting system, Telegram, an email delivery provider, and the infrastructure providers listed in the Privacy Policy.

Where an integration is optional, it is off until the Property switches it on. Switching it on is an instruction from the Property to send the data that integration needs.

We are not responsible for the availability, accuracy or acts of a third-party system, and its own terms govern the Property's use of it. Where a third party changes or withdraws its interface, we will say so and, where we reasonably can, offer an alternative.

We may suspend access to the Service, in whole or in part, where a Licence Period has expired, where an invoice is overdue and notice has been given, where continued use threatens the security or integrity of the Service or another Property's data, or where the law requires it.

Except where an immediate suspension is needed to stop a live security incident or to comply with the law, we give the owner account notice first and a reasonable opportunity to put the matter right.

Suspension neither shortens nor extends the Licence Period, and does not by itself delete anything. Customer Data is retained during a suspension in accordance with clause 14.

The Agreement runs for the Licence Period and for any renewal of it.

The Property may stop using the Service at any time. To close the account it sends a deletion request from Settings → Account and property → Delete account.

Either party may terminate the Agreement with immediate effect by written notice if the other commits a material breach that it has not put right within 30 days of being asked to in writing, or if the other becomes insolvent, enters liquidation or ceases to trade.

We may terminate the Agreement on 90 days' written notice if we withdraw the Service. In that case clause 15 applies.

Deletion is not immediate and is not automatic. We review each request by hand. If we approve it, a waiting period of 30 days begins at the moment of approval — not at the moment the request was sent. Throughout those 30 days the Service keeps working normally and the Property may cancel the request and keep everything.

When the 30 days end, the account, its Customer Data and its staff logins are erased from the live database, and roll out of encrypted infrastructure backups within a further 30 days.

We may refuse a deletion request only where an invoice is overdue, where the law requires the records to be kept, or where we cannot satisfy ourselves that the request came from the Property's owner account. We give the reason in writing.

If a licence expires, or is suspended because an invoice is unpaid, Customer Data is kept for 90 days from the date of expiry so that renewing restores it intact. After those 90 days we may delete it; we write to the owner account before we do.

Identity reports already transmitted to the authorities live in their systems, not ours, and are not recalled by closing an account here.

Ending early does not refund the rest of the Licence Period. The licence is granted for a fixed period and the fee is earned for that period. Deleting the account, or simply stopping use, before the period ends does not entitle the Property to a refund, a credit or a transfer of the unused part, unless the order form says otherwise or the law requires it.

The Property keeps full access, and can export its records, for whatever remains of the period it has paid for.

If we end the Agreement for a reason that is not the Property's fault — for example we withdraw the Service, or we materially reduce it and the Property objects — we refund the unused part of the current period, counted in whole months, and give reasonable notice and an opportunity to export data first.

Each party may receive information from the other that is marked confidential or that a reasonable person would understand to be confidential. Each will use the other's confidential information only to perform the Agreement, will protect it with at least the care it uses for its own, and will disclose it only to those of its people and advisers who need it and are bound to equivalent terms.

This does not apply to information that is public through no fault of the receiver, that the receiver already had without a duty of confidence, or that it develops independently. Where disclosure is compelled by law or by a court, the receiving party may disclose the minimum required and, where it is lawful to do so, tells the other party first.

Customer Data is the Property's confidential information. The Service, and any non-public pricing, is ours.

We warrant that we will provide the Service with reasonable skill and care, and that we have the right to grant the licence in clause 3.

The Service is a record-keeping tool. It does not verify guest identities, does not calculate or file taxes, does not give legal or accounting advice, and does not discharge the Property's own legal duties. The Property is responsible for checking its own figures before relying on them, and for the accuracy of anything it reports to an authority.

Except as expressly stated in the Agreement, and to the fullest extent the law allows, the Service is provided as-is and we exclude all other warranties, whether express, implied or statutory, including any implied warranty of merchantability, fitness for a particular purpose, or that the Service will be uninterrupted or error-free.

To the fullest extent the law allows, neither party is liable for indirect or consequential loss, for loss of profit, revenue, goodwill or anticipated savings, or for loss of or corruption of data that the other party or its Users deleted themselves.

To the fullest extent the law allows, each party's total aggregate liability arising out of or in connection with the Agreement, whether in contract, tort (including negligence) or otherwise, is limited to the total fees paid or payable by the Property under the Agreement in the twelve months immediately before the event giving rise to the claim.

Nothing in the Agreement limits or excludes either party's liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, for the Property's obligation to pay the fees, or for any other liability that cannot be limited or excluded under Turkish law.

The Property will indemnify us against claims, losses and reasonable costs arising from Customer Data that it entered in breach of the Agreement or of a law that applies to it, and from use of the Service by its Users in breach of clause 5.

We will indemnify the Property against claims that the Service, used as the Agreement permits, infringes a third party's intellectual property rights, provided the Property tells us promptly, lets us conduct the defence, and gives reasonable assistance.

In either case the indemnifying party's obligation is subject to the cap in clause 18, save where the law does not permit that.

Neither party is liable for a failure or delay caused by an event outside its reasonable control — including an act of God, earthquake, fire, flood, war, civil unrest, industrial action, epidemic, failure of a public telecommunications or electricity network, or an act of government.

The affected party tells the other as soon as it reasonably can, and both use reasonable efforts to limit the effect. If the event continues for more than 60 days, either party may terminate the Agreement by written notice, and clause 15 applies as though we had ended it.

Neither party may assign or transfer the Agreement without the other's written consent, which will not be unreasonably withheld — save that either may assign it to a successor of substantially the whole of its business on written notice.

Notices under the Agreement are given in writing, by email to the address on the owner account for the Property, and to the contact address at the end of this document for us. A notice by email is treated as received on the next working day.

If any provision is held unenforceable, it is severed and the rest continues in force. A failure to enforce a right is not a waiver of it.

Nothing in the Agreement creates a partnership, joint venture, agency or employment relationship between the parties. There are no third-party beneficiaries.

We may update these Terms. The current version always sits at this address with its version number and the date it took effect.

Where a change materially affects the Property, we tell the owner account in writing at least 30 days before it applies. If the Property objects to a material change, it may terminate at the end of the current Licence Period, having first exported its records; continuing to use the Service after the change takes effect means the change is accepted.

Changes required by law, or needed to address a security risk, may take effect immediately, and we say so when we give notice.

The Agreement, and any dispute arising out of or in connection with it, are governed by Turkish law.

The courts and enforcement offices of İstanbul (Çağlayan) have exclusive jurisdiction, unless the order form with the Property says otherwise, and without prejudice to any mandatory right a party has to bring proceedings elsewhere.

The parties will first try in good faith to resolve a dispute by discussion between people with authority to settle it.