Terms of Service

These Terms of Service (the "Terms") are an agreement between Amiqa Tech AB, a Swedish limited company (org. nr 559492-5744, VAT SE559492574401, registered office (säte) in Stockholm, registered with the Swedish Companies Registration Office (Bolagsverket), Fatburs Kvarngata 24, 118 64 Stockholm, Sweden, support@amiqa.io) ("Amiqa", "we", "us") and the business that creates an Amiqa account (the "Customer", "you"). The Data Processing Agreement at amiqa.io/dpa (the "DPA") is part of these Terms.

1. Scope and acceptance

1.1 These Terms govern access to and use of the Amiqa platform: revenue management and dynamic pricing, the property management system, channel connections, the booking engine, guest review tools and any related apps, APIs and documentation (the "Services").

1.2 The Services are for businesses only. By accepting, you confirm that you act in the course of your business. Consumer protection rules, such as the right of withdrawal under the Swedish Distance and Off-Premises Contracts Act (distansavtalslagen, 2005:59), therefore do not apply. You accept these Terms by ticking the acceptance box at sign-up. If you accept on behalf of a company, you confirm that you are authorised to bind it.

1.3 If you do not agree to these Terms, do not use the Services.

1.4 Copies. The current version of these Terms is published at amiqa.io/terms with its version date, so you can save and print it.

2. Definitions

• Authorised Users: your employees and contractors whom you allow to use the Services under your account.
• Customer Data: all data that you, your Authorised Users or your connected systems put into the Services, including data about your guests.
• Anonymised Data: data derived from Customer Data that does not identify, and cannot reasonably be used to identify, you, your property, a guest or any other individual.
• Plan: the subscription plan and price you select at sign-up or later change in your account.
• Subscription Period: the monthly or annual billing period of your Plan.
• Third-Party Services: services not provided by Amiqa that you connect to the Services, such as online travel agencies, channel managers, payment providers and other software.

3. Using the Services

3.1 Right of use. While your subscription is active and paid, we grant you a non-exclusive, non-transferable right to use the Services for the internal operations of your own properties.

3.2 Restrictions. You must not: (a) copy, modify, reverse engineer or decompile the Services; (b) use them to build a competing product; (c) resell them or make them available to third parties; (d) access them with scripts or bots except through our documented APIs; (e) try to access another customer's data, or systems you are not authorised to use; (f) overload or disrupt the Services; or (g) use them for anything unlawful.

3.3 Authorised Users. Each Authorised User needs their own login. You decide who has access and with which role. You are responsible for what your Authorised Users do in your account.

3.4 Free trial. We may offer a free trial of the length shown at sign-up. We may ask for a payment card to start the trial. Unless you cancel before the trial ends, your paid Plan starts automatically and your card is charged. During the trial the Services come without any service level.

4. Account security

4.1 Give us accurate registration details and keep them up to date.

4.2 Keep your passwords and API keys confidential. We treat actions taken with your credentials as yours.

4.3 Tell us straight away at support@amiqa.io if you suspect unauthorised access to your account. We may require a password change or suspend access to protect the account.

5. Availability and support

5.1 We use commercially reasonable efforts to keep the Services available 99.5 % of each month, excluding planned maintenance and events outside our reasonable control. This is a target, not a guarantee, and it does not give rise to service credits unless a separate written service level agreement says so.

5.2 We schedule maintenance between 02:00 and 06:00 CET where possible and give advance notice of maintenance likely to affect you. We may carry out urgent security maintenance without notice.

5.3 We provide support by email at support@amiqa.io, Monday to Friday, 09:00–17:00 CET, excluding Swedish public holidays.

5.4 We improve the Services continuously and may change features. We will not make a change that materially reduces the core functionality of your Plan during a paid Subscription Period without giving you at least 30 days' notice and the right to cancel with a pro-rata refund of prepaid fees.

6. Fees and payment

6.1 Prices. Fees are those of your Plan as shown at checkout or in your account. Prices exclude VAT. Customers in Sweden pay Swedish VAT (moms). Business customers in other EU countries are invoiced without Swedish VAT under the reverse-charge rule, provided they give us a valid VAT number. Customers outside the EU are invoiced without Swedish VAT.

6.2 Payment. Fees are charged in advance at the start of each Subscription Period to the payment method on file, through our payment provider Stripe. Your subscription renews automatically for the same period until you cancel.

6.3 Price changes. We give at least 30 days' notice by email of any price increase. The new price applies from your next Subscription Period. If you do not accept it, you can cancel before it takes effect.

6.4 Failed payments. If a payment fails, we will notify you and retry. If it is still unpaid at the end of the grace period stated in our notice, we may suspend the Services until payment is made. Overdue amounts accrue interest under the Swedish Interest Act (räntelagen, 1975:635).

6.5 Refunds. Fees already paid are not refundable, except where these Terms say otherwise or the law requires it.

6.6 Booking engine payment fees. If your Plan includes a fee for card payments taken through the Amiqa booking engine, that fee is shown in your Plan and applies to each card payment.

7. Your data

7.1 Ownership. You own your Customer Data. You are responsible for its accuracy and for having the right to put it into the Services.

7.2 Our use of Customer Data. We use Customer Data only to provide, secure and support the Services for you, as set out in the DPA, or as the law requires.

7.3 Anonymised Data. We may create Anonymised Data from Customer Data and use it to operate, improve and develop our products, for example to measure how pricing features perform across the market. Anonymised Data never identifies you, your property or any person. We do not use personal data in Customer Data to train machine-learning models, or to improve the Services for other customers.

7.4 Export and deletion. While your subscription is active and for 30 days after it ends, you can export your bookings from the app. When your subscription ends, you can ask us at support@amiqa.io, within those 30 days, for a copy of your Customer Data in a common format such as CSV. After those 30 days we delete Customer Data as set out in the DPA, unless the law requires us to keep it.

8. Third-Party Services and channels

8.1 You can connect Third-Party Services to the Services. Your use of them is governed by your own agreement with each provider. You authorise us to exchange data with them on your behalf.

8.2 We are not responsible for Third-Party Services, including their availability, their changes to interfaces, and the data they send us. If a provider changes or withdraws its service, we may need to change or stop the related integration.

8.3 You remain responsible for the rates, availability and restrictions published for your properties, including on online travel agencies. Check the rates you publish.

9. AI features and recommendations

9.1 Some features use statistical models or generative AI, for example price recommendations, automatic pricing and suggested replies to guest reviews.

9.2 Their output is a suggestion. It can be wrong, and you decide whether to use it. If you enable automatic pricing, you choose its limits and remain responsible for the prices it publishes within them.

9.3 Review AI-drafted text before you send or publish it under your property's name.

10. Data protection

10.1 For personal data in Customer Data, including guest data, you are the controller and Amiqa is your processor. The DPA sets out how we process that data and prevails over these Terms on data protection.

10.2 For personal data we process for our own purposes, such as your Authorised Users' account details, billing and our website, Amiqa is the controller. The Privacy Policy at amiqa.io/privacy-policy describes that processing.

10.3 The subprocessors we use are listed at amiqa.io/subprocessors. The DPA explains how we tell you about changes and how you can object.

11. Confidentiality

11.1 "Confidential Information" is any non-public information one party discloses to the other that is marked confidential or should reasonably be understood to be confidential. Customer Data is your Confidential Information.

11.2 Each party uses the other's Confidential Information only to perform these Terms and protects it with at least reasonable care. Disclosure is allowed to employees, advisers and subprocessors who need to know and are bound by equivalent duties, or where the law requires it.

11.3 These duties continue for five years after the Terms end, and indefinitely for trade secrets and personal data.

12. Intellectual property

12.1 Amiqa and its licensors own the Services, including software, models, designs, documentation and trademarks. You receive only the right of use in section 3.

12.2 If you send us feedback or suggestions, we may use them freely without any obligation to you.

13. Warranties and liability

13.1 We provide the Services with reasonable skill and care. Apart from that, and to the extent the law allows, the Services are provided "as is" and we give no other warranties.

13.2 Each party's total liability under these Terms in any 12-month period is limited to the fees you paid to Amiqa in the 12 months before the event giving rise to the claim.

13.3 Neither party is liable for indirect or consequential loss, including lost profit, lost revenue, lost bookings or loss of goodwill.

13.4 Sections 13.2 and 13.3 do not limit liability for gross negligence (grov vårdslöshet) or intent (uppsåt), your payment obligations, your breach of section 3.2, your obligations under section 13.5, or anything that cannot be limited by law. The limits in sections 13.2 and 13.3 also apply to liability under the DPA.

13.5 You will compensate Amiqa for third-party claims caused by Customer Data you had no right to use, or by your use of the Services in breach of these Terms or the law.

13.6 Notice of defects and time limit for claims. Tell us in writing about a defect in the Services without undue delay after you discovered it, or should have discovered it. Claims must be made in writing within 12 months of the event that gives rise to them. Otherwise the claim lapses.

14. Term, cancellation and termination

14.1 These Terms apply from acceptance until your subscription ends.

14.2 You can cancel at any time in your account settings. Cancellation takes effect at the end of the current Subscription Period, and you keep access until then.

14.3 Either party may terminate with immediate effect if the other materially breaches these Terms and does not remedy the breach within 30 days of written notice, or becomes insolvent.

14.4 We may suspend access immediately, limited to what is necessary, if your account poses a security risk to the Services or to others, if payment is overdue under section 6.4, or if the law requires it. We will tell you why and restore access once the cause is resolved.

14.5 When the Terms end, your right to use the Services stops, section 7.4 applies to your data, and sections 7, 11, 12, 13 and 15 continue to apply.

15. General

15.1 Changes to these Terms. We may update these Terms. For material changes we give at least 30 days' notice by email before they take effect. If you do not accept them, you can cancel before they take effect, with a pro-rata refund of prepaid fees. If you keep using the Services after that date, the new version applies.

15.2 Subcontractors. We may use subcontractors and remain responsible for their performance.

15.3 Force majeure. Neither party is liable for delays caused by events beyond its reasonable control.

15.4 Assignment. You may not transfer these Terms without our written consent. We may transfer them in a merger, acquisition or sale of our business, and will tell you.

15.5 Notices. We send notices to the account owner's email address. You send notices to support@amiqa.io.

15.6 Entire agreement. These Terms, the DPA and your Plan are the whole agreement between us about the Services. If a provision is invalid, the rest still applies.

15.7 Language. These Terms are written in English. If we publish a translation and it differs from the English version, the English version prevails.

15.8 Governing law. Swedish law applies, without its conflict-of-law rules. Disputes are decided by the Stockholm District Court (Stockholms tingsrätt) as first instance.