Terms and Conditions

Definitions

“Axis Pro” means the hospitality management platform made available through the Site, including its Property Management System (PMS), Channel Manager, AI Co-Manager, Spaces module and any other feature made available through the Site or the Platform.

“We”, “us” or “our” means the company that operates Axis Pro, Aloha Systems Corp., a Delaware corporation, and its affiliates.

“Payments Provider” means the separate payment services provider, operated by one of our affiliates, that provides payment processing services which may be made available within Axis Pro under separate terms.

“Site” means the website(s) and web or mobile applications through which Axis Pro is made available, including axispro.travel.

“User”, “you” or “your” means any individual or entity that accesses or uses Axis Pro.

“Property” means any hotel, vacation rental, hostel, aparthotel or other hospitality accommodation managed by a User through Axis Pro.

“Guest” means an individual who books, stays at, or otherwise interacts with a Property through Axis Pro.

1. Acceptance of terms

By accessing or using Axis Pro, you agree to be bound by these Terms and Conditions (the “Terms”). If you do not agree to these Terms, do not access or use Axis Pro. Your continued use of Axis Pro after a change to these Terms takes effect constitutes your acceptance of that change.

2. Modifications to the terms

We may modify these Terms at any time. Changes take effect once posted on the Site. We will notify you of material changes by email or through a prominent notice on the Site. You are responsible for reviewing the Terms periodically.

3. Description of the service

Axis Pro is the central system for hospitality. It brings together a Property Management System, a Channel Manager that synchronizes availability across online travel agencies and other booking channels, an AI Co-Manager that automates operational tasks, and a Spaces module for managing rooms, parking, coworking and other rentable spaces. Axis Pro is intended to help Users manage reservations, pricing and the day to day operation of their Properties. You agree to use Axis Pro only for lawful purposes and in accordance with all laws applicable to you and to your Property.

4. User registration and accounts

To access certain features of Axis Pro, including managing reservations or connecting payment features, you must register for an account. You are responsible for keeping your login credentials confidential and for all activity that occurs under your account. You must provide accurate and complete information when you register, and keep it up to date. We may suspend or terminate your account if you provide false or misleading information, or if we reasonably believe your account has been compromised.

5. Subscription and fees

Use of Axis Pro is subject to a fee, which is kept published on the Site. We may modify this fee at any time, always with prior notice as described in Section 2. Fees are non-refundable except as expressly stated in these Terms or as required by applicable law.

6. Reservations and Channel Manager

You are solely responsible for the accuracy of the reservation, availability and pricing information you enter or synchronize through Axis Pro, including through the Channel Manager. Axis Pro helps synchronize this information across connected booking channels, but we do not guarantee the availability of any Property, the absence of overbookings caused by a connected third party channel, or the accuracy of information provided by third party channels. You are responsible for confirming and honoring reservations made through any channel connected to Axis Pro.

7. Payments

Axis Pro may allow you to access payment processing features, including the collection, settlement and reconciliation of payments from Guests (“Payments”). Payments are provided by the Payments Provider or by other affiliated or third party payment providers, and are subject to their own separate terms and conditions, which you must review and accept before using Payments. Our role with respect to Payments is limited to providing the technical interface within Axis Pro. We are not responsible for the execution, custody, settlement, chargebacks, or any other aspect of a payment transaction processed through Payments.

8. Guest data and data protection

In connection with your use of Axis Pro, we may process personal data of your Guests on your behalf, as a data processor or service provider, in accordance with our Privacy Policy and any applicable data processing terms. You are responsible for your own compliance with applicable data protection laws, including as they relate to the collection and use of Guest personal data, such as the General Data Protection Regulation (GDPR), the Lei Geral de Proteção de Dados (LGPD) in Brazil, and other applicable national data protection laws. Our collection and use of personal data is further described in our Privacy Policy, which forms part of these Terms.

9. Intellectual property

All content available through Axis Pro, including text, graphics, logos, the Axis Pro name and marks, and software, is owned by us or our licensors and is protected by intellectual property laws. You may use this content only in connection with your authorized use of Axis Pro, and for personal or internal, non-commercial purposes, unless we agree otherwise in writing.

10. Acceptable use

You agree not to use Axis Pro to violate any law, infringe any third party’s rights, transmit malicious code, attempt to gain unauthorized access to our systems, or interfere with the proper operation of Axis Pro. We may suspend or terminate access for any use that violates this Section.

11. Third party links and integrations

Axis Pro may link to, or integrate with, third party websites, booking channels and services, including online travel agencies and payment providers. We are not responsible for the content, availability or privacy practices of those third parties. Your use of any third party service is governed by that third party’s own terms and policies.

12. Service availability and disclaimer

We work to keep Axis Pro available and reliable, but we do not guarantee that Axis Pro will be uninterrupted, error free, or available at all times. Axis Pro is provided “as is” and “as available”, without warranties of any kind, whether express or implied, except as expressly stated in these Terms or as required by applicable law.

13. Limitation of liability

To the maximum extent permitted by applicable law, we will not be liable for any indirect, incidental, special, consequential or punitive damages, including loss of reservations, revenue or data, arising from or related to your use of, or inability to use, Axis Pro. Our total liability arising out of or related to these Terms or your use of Axis Pro will not exceed the fees you paid us for Axis Pro in the twelve (12) months preceding the event giving rise to the claim.

14. Indemnification

You agree to indemnify and hold us harmless from any claims, damages, liabilities and expenses, including reasonable legal fees, arising from your use of Axis Pro, your Property, your interactions with Guests, or your violation of these Terms or applicable law.

15. Term and termination

These Terms remain in effect while you use Axis Pro. You may stop using Axis Pro, and we may suspend or terminate your access, at any time, including for a breach of these Terms. Sections of these Terms that by their nature should survive termination, including intellectual property, limitation of liability, indemnification and governing law, will survive.

16. Governing law and dispute resolution

These Terms are governed by the laws of the State of Delaware, United States of America, without regard to its conflict of laws principles. The parties will attempt to resolve any dispute arising from these Terms through good faith mediation before resorting to arbitration or litigation. Any dispute not resolved through mediation will be submitted to binding arbitration administered in accordance with the rules of the American Arbitration Association, seated in Delaware, except that either party may seek injunctive relief in the state or federal courts located in Delaware.

17. Miscellaneous

If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect. These Terms, together with our Privacy Policy and any order form or plan you accept, constitute the entire agreement between you and us regarding Axis Pro. You may not assign these Terms without our prior written consent. We will not be liable for any delay or failure to perform resulting from causes outside our reasonable control.

18. Contact

For questions about these Terms, contact us at legal@axispro.travel.