Terms of Service

1. Agreement and Scope

By accessing or using the MinibarFlow application or website ("Service"), you ("Customer") agree to be bound by these Terms of Service ("Terms"). If you are using the Service on behalf of a hotel or organization, you represent that you have the authority to bind that organization to these Terms.

These Terms govern the relationship between the Customer and MinibarFlow, based in Switzerland ("Provider").

2. Description of Service

MinibarFlow is a mobile application and cloud platform for managing hotel minibar operations, including stock tracking, room checks, trolley management, expiry date (DLC) tracking, billing digests, guest preferences, and reporting. The Service is provided as a Software-as-a-Service (SaaS) product.

The Service is designed to work offline. Data is stored locally on the device and synchronized with our cloud servers when connectivity is available.

3. Free Pilot Program

MinibarFlow offers a free pilot period of 3 months. During the pilot:

• Full access to all features is provided at no cost
• On-site setup and training are included
• No payment information is required
• Either party may end the pilot at any time with written notice

At the end of the pilot, the Customer may choose to continue with a paid subscription or discontinue use. If no subscription is agreed upon, access to the Service will be terminated and data will be handled as described in Section 10.

4. Pricing and Payment

After the free pilot, pricing is discussed and agreed upon with each hotel individually. Pricing may be adjusted with a minimum of 30 days' written notice. There is no long-term commitment or lock-in period. Invoices are issued monthly and payable within 30 days.

5. Service Availability

MinibarFlow strives to maintain high availability of the cloud synchronization service. While we do not guarantee a specific uptime percentage, we commit to:

• Performing scheduled maintenance outside of peak hotel operation hours when possible
• Notifying Customers in advance of planned maintenance that may cause service interruption
• Resolving unplanned outages as promptly as possible

The offline functionality of the MinibarFlow app is not affected by cloud service availability. Room checks, stock tracking, and all core operations continue to function without an internet connection.

6. Intellectual Property

Provider's IP: MinibarFlow and all associated software, designs, documentation, and trademarks remain the exclusive property of the Provider. The Customer is granted a non-exclusive, non-transferable, revocable license to use the Service for the duration of the contract.

Customer's Data: The Customer retains full ownership of all data entered into MinibarFlow. The Provider does not claim any intellectual property rights over the Customer's hotel operational data, product catalogs, or reports.

7. Data Protection

The Provider processes personal data in accordance with the EU General Data Protection Regulation (GDPR) and the Swiss Federal Act on Data Protection (nLPD). For details on data collection, use, storage, and your rights, see our Privacy Policy.

Where MinibarFlow processes personal data on behalf of the Customer (in particular guest data), a Data Processing Agreement (DPA) is provided as part of the service agreement, in accordance with GDPR Art. 28 and nLPD Art. 9. The DPA specifies the scope, purpose, and security measures governing data processing.

8. Acceptable Use

The Customer agrees to use MinibarFlow only for its intended purpose of hotel minibar management. The Customer may not:

• Attempt to reverse-engineer, decompile, or disassemble the application
• Use the Service to store or transmit malicious code
• Resell, sublicense, or provide access to the Service to third parties without written consent
• Use the Service in any way that violates applicable laws or regulations
• Attempt to access data belonging to other hotels or customers

9. Customer Responsibilities

The Customer is responsible for:

• Maintaining the confidentiality of user account credentials
• Ensuring that all users comply with these Terms
• The accuracy and legality of data entered into the Service (including guest data)
• Informing guests about data processing as required by applicable data protection laws, where the Customer acts as data controller

10. Termination and Data Export

Either party may terminate the Service at any time with 30 days' written notice. Upon termination:

• The Customer may request an export of their data in a machine-readable format (CSV or JSON) within 30 days of termination
• After the 30-day export window, all Customer data will be deleted from our servers, except where a longer retention period is required by Swiss or EU law
• Any outstanding fees for the current billing period remain due

The Provider may terminate the Service immediately for cause if the Customer materially breaches these Terms and fails to remedy the breach within 14 days of written notice.

11. Limitation of Liability

To the maximum extent permitted by applicable law:

• The Provider's total aggregate liability under these Terms shall not exceed the fees paid by the Customer in the 12 months preceding the claim
• The Provider shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, lost revenue, or loss of data
• The Provider shall not be liable for data loss to the extent the Customer has failed to maintain adequate backups or export their data as provided in Section 10

Mandatory exceptions (Swiss Code of Obligations Art. 100): The above limitations do not apply to liability arising from intentional misconduct (faute intentionnelle) or gross negligence (faute grave), or to any liability that cannot be excluded or limited under mandatory Swiss or EU law.

12. Warranty Disclaimer

The Service is provided "as is" and "as available." The Provider makes no warranties, express or implied, regarding the Service's fitness for a particular purpose, merchantability, or uninterrupted availability. This disclaimer does not affect any rights that cannot be excluded under mandatory Swiss law.

13. Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to natural disasters, acts of government, pandemics, internet outages, power failures, or cyberattacks. The affected party shall notify the other party promptly and make reasonable efforts to mitigate the impact.

14. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the substantive laws of Switzerland, excluding its conflict of law provisions and the United Nations Convention on Contracts for the International Sale of Goods (CISG).

Any disputes arising from or relating to these Terms shall be subject to the exclusive jurisdiction of the competent courts at the registered seat of the Provider in Switzerland.

15. Changes to These Terms

We may update these Terms from time to time. We will notify active Customers of significant changes via email at least 30 days before they take effect. Continued use of the Service after the effective date constitutes acceptance of the updated Terms. If the Customer does not agree with the changes, they may terminate the Service in accordance with Section 10.

16. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be replaced by a valid provision that most closely reflects the original intent.

17. Contact

For questions about these Terms, contact us at:
MinibarFlow
Email: contact@minibarflow.com