Terms of Service

Terms of Service

1. Who this agreement is between

These Terms of Service ("Agreement") are a legally binding contract between the hotel that signs our order form ("Customer") and The Something Group Limited, trading as Biteluxe ("Biteluxe"). By using the service, the Customer agrees to these terms.

2. The service

Biteluxe designs, builds and runs guest journeys for hotels: the messages and conversations a hotel has with its guests before, during and after a stay, on the channels guests already use, connected to the hotel's own systems. Depending on the order form, the service can include:

• Pre-arrival messages, questions and offers.
• Requests, questions and bookings during the stay, across WhatsApp, SMS, email, Messenger and web chat.
• Check-in, checkout, payment links, room upgrades and extras.
• Alerts and routing to the Customer's team, and printed or digital briefings.
• Printed QR codes and guest-facing pages where they suit the guest better than a conversation.
• Feedback during and after the stay, and reporting.
• Consulting on guest journeys and automation, monthly or as agreed.

The services in scope for each property are the ones set out in its order form.

3. Responsibilities

The Customer will provide the brand assets, information about its services, systems, teams and procedures, and the access Biteluxe needs to set up the service; comply with all applicable laws, including data protection law; and make sure it has a lawful basis for the messages sent to its guests, as set out in the Data Processing Agreement.

Biteluxe will deliver the services in the order form; set up and run them, and support the Customer's team while they are live; and handle guest data in line with UK GDPR and, where it applies, EU GDPR.

4. Fees and payment

Fees are a one-off set-up fee and a recurring monthly fee, priced on the property and the services chosen, as set out in the order form. Additional services are charged as agreed. Monthly fees are payable in advance. If payment is late, Biteluxe may suspend the service.

5. Term and termination

This Agreement begins when the service is activated and continues for the term set out in the order form. Biteluxe may terminate it for breach or non-payment.

6. Data protection and privacy

Biteluxe handles all guest data in line with UK GDPR and other applicable data protection law, and protects it with appropriate technical and organisational measures. The Customer must have a lawful basis, including consent where it is required, for the messages it asks Biteluxe to send. Our Privacy Policy and Data Processing Agreement set out the detail.

7. Intellectual property

Biteluxe keeps all rights in the service and the intellectual property behind it. The Customer has a non-exclusive, non-transferable licence to use the service during the term of this Agreement. Any other use is prohibited.

8. Limitation of liability

Biteluxe's liability is limited to the amount the Customer paid in the six months before a claim. Biteluxe is not liable for indirect, incidental or consequential loss. This limitation does not apply to gross negligence or wilful misconduct.

9. Changes to these terms

Biteluxe may amend these terms from time to time. We will tell Customers about any change, and continued use of the service after that means the Customer accepts the new terms.

10. Governing law

This Agreement is governed by the laws of the jurisdiction where the Customer's hotel is located, and any dispute will be resolved in the courts of that jurisdiction.

11. Availability and support

Biteluxe will make commercially reasonable efforts to keep the service available around the clock, apart from occasional maintenance. Support is available in business hours by telephone, email and WhatsApp, with emergency support for critical issues. The Service Level Agreement sets out response times.

12. Compliance with laws

Both parties will comply with all applicable laws and regulations, including data protection law. The service is designed to help the Customer meet those requirements, and we review it regularly to keep it that way.

13. Indemnity

The Customer will indemnify Biteluxe against any claim arising from the Customer's use of the service, breach of law or breach of this Agreement, including legal fees and expenses.

14. Confidentiality

Both parties will keep confidential all proprietary information disclosed during this Agreement, including data, trade secrets and business strategy. This obligation continues after the Agreement ends.

15. Entire agreement

This Agreement is the entire agreement between the parties on its subject and replaces all earlier agreements, understandings and communications, written or oral. Any amendment must be in writing and signed by both parties.

Service Level Agreement

The performance and support levels for the service: uptime, response times and service credits.

1. Uptime

Biteluxe guarantees 99.9% uptime for the service, excluding scheduled maintenance and force majeure.

2. Support response and resolution times

3. Maintenance

Scheduled maintenance happens in off-peak hours, with at least 48 hours' notice. Emergency maintenance may happen when it is needed to protect the security and integrity of the service, and we will tell you as soon as we can.

4. Performance

Guest-facing pages load in under five seconds on average in normal use, and transactions such as booking confirmations, in-room dining orders and feedback are processed within five seconds.

5. Service credits

6. Customer obligations

The Customer will provide accurate and timely information for set-up and operation, follow the guidance we give for using the service, and report issues promptly with the detail needed to fix them.

7. Exclusions

The uptime guarantee and response times do not cover downtime outside Biteluxe's reasonable control, including force majeure, problems caused by the Customer's own hardware, software or network, and maintenance announced in advance.

8. Governing law

This SLA is governed by the laws of the jurisdiction where the Customer's hotel is located, and any dispute will be resolved in the courts of that jurisdiction.

Licence terms

The terms for the software your team uses as part of the service, such as the staff inbox and its mobile app ("Software").

1. Licence

Biteluxe grants the Customer a non-exclusive, non-transferable, revocable licence to access and use the Software under these terms.

2. Restrictions

The Customer will not modify, reverse engineer or create derivative works of the Software; rent, lease or sublicense it; or use it for any illegal or unauthorised purpose.

3. Ownership

Biteluxe keeps all rights, title and interest in the Software, including its intellectual property. These terms give the Customer no ownership rights.

4. Term and termination

These terms apply from the day the Customer starts using the Software until they end. Biteluxe may end them if the Customer breaches them, and the Customer must then stop using the Software and delete any copies.

5. Updates

Biteluxe may update, improve or maintain the Software, and those updates are covered by these terms. Biteluxe is not obliged to provide any particular update.

6. Data protection

The Customer must comply with data protection law when using the Software. Biteluxe processes personal data under its Privacy Policy and Data Processing Agreement.

7. Liability and indemnity

Biteluxe's liability is limited to the amount the Customer paid for the Software in the previous six months, and excludes indirect, incidental or consequential loss. The Customer will indemnify Biteluxe against any claim arising from its use of the Software or breach of these terms.

8. Governing law

These terms are governed by the laws of the jurisdiction where the Customer's hotel is located, and any dispute will be resolved in the courts of that jurisdiction.

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