ELEV8 Suite
Provider: Elevate Software AG
Effective date: 21 December 2025
These Terms and Conditions (the “Terms”) govern access to and use of the cloud-based software-as-a-service solution known as ELEV8 Suite (the “Service”) provided by Elevate Software AG (the “Provider”). By creating an account, clicking acceptance during sign-up, executing an order, or otherwise using the Service, the customer (the “Customer”) agrees to be bound by these Terms.
If the Customer does not agree to these Terms, the Customer must not use the Service.
These Terms are drafted to reflect common SaaS market standards and are intended to be enforceable for website publication and sign-up acceptance.
- Definitions
“Account” means the Customer’s user account(s) created for access to the Service. “Subscription” means the paid plan and term selected by the Customer. “Order” means any order form, online checkout, or other ordering document referencing these Terms. “Documentation” means Provider’s user guides, help center articles, and technical documentation made available to the Customer. “Customer Data” means data, content, and information submitted to, processed by, or stored in the Service by or on behalf of the Customer, including booking data, guest data, property information, and communication content. “Third-Party Services” means any external services, platforms, APIs, OTAs, payment providers, messaging providers, IoT vendors, or integrations not controlled by the Provider. “Text Form” means a readable declaration on a durable medium (e.g., email) that identifies the declaring party; messenger messages, support tickets, and in-app chats do not qualify. - Scope; Contracting Parties; Order of Precedence
2.1 Scope. These Terms apply to all use of the Service by the Customer and its Authorized Users. They apply to contracts concluded via the Provider’s website, during sign-up, or by individual agreement.2.2 Business Customers. The Service is intended for business and professional use. If the Customer is a consumer, the Provider may refuse service or require additional confirmations.2.3 Order of precedence. In case of conflict, the following order applies: (a) an individually signed agreement or order form expressly overriding these Terms; (b) these Terms; (c) Documentation. Unless expressly stated otherwise, the Customer’s general terms and conditions are excluded.
- Service Description; No Guaranteed Business Outcome
3.1 SaaS service. The Provider makes the Service available on a subscription basis. The Service may include property management features, integrations, automation, messaging workflows, analytics, APIs, and optional add-ons.
3.2 No guaranteed business results. The Provider does not warrant any specific occupancy, revenue, conversion rate, ranking, or other economic result
3.3 Changes and evolution. The Provider may improve, modify, replace, or discontinue features, provided the core purpose of the Subscription is not materially impaired. The Provider may also introduce new features, usage limits, or plan structures. - Accounts; Authorized Users; Security
4.1 Account creation. The Customer must provide accurate registration information and keep it up to date. The Provider may reject registrations at its sole discretion.
4.2 Authorized Users. The Customer may allow employees and contractors to use the Service as authorized users (“Authorized Users”) only for the Customer’s internal business purposes and within the limits of the Subscription.
3.3 Changes and evolution. The Provider may improve, modify, replace, or discontinue features, provided the core purpose of the Subscription is not materially impaired. The Provider may also introduce new features, usage limits, or plan structures.
4.3 Credentials and security. The Customer is responsible for safeguarding credentials, enabling available security features (e.g., MFA where available), and all activity under its Account. The Customer must notify the Provider without undue delay of any suspected unauthorized access. - Acceptable Use
5.1 The Customer must not, and must ensure its Authorized Users do not:
use the Service in violation of applicable laws or regulations (including hospitality, tax, registration, or guest reporting requirements);
upload, transmit, or store unlawful content, malicious code, or infringing material;
interfere with, disrupt, or attempt to gain unauthorized access to the Service or systems;
reverse engineer, decompile, disassemble, or otherwise attempt to derive source code, except to the extent such restriction is prohibited by mandatory law;
circumvent usage limits or technical restrictions;
use the Service to build or improve a competing product or service, or to benchmark publicly without Provider’s prior written consent;
resell, sublicense, lease, or make the Service available to third parties except where a reseller/white-label arrangement is expressly agreed in writing.
5.2 The Provider may suspend or restrict access (in whole or in part) if it reasonably believes the Customer violates these Terms or poses a security, legal, or operational risk. - Subscription Plans; Trials; Support
6.1 Plans and limits. Subscriptions may include limits (e.g., number of units, properties, users, bookings, messages, channels, integrations, API calls, storage). Exceeding limits may require an upgrade, additional fees, or may trigger throttling.
6.2 Trials and beta. Trials, pilot programs, or beta features may be offered “as is” and may be modified or discontinued at any time. The Provider may impose additional restrictions and may exclude beta features from any service commitments.
6.3 Support. Support scope and channels depend on the Subscription. The Provider may use ticketing systems, email, and other channels for support. The Provider may prioritize support requests and does not guarantee response times unless explicitly agreed in writing. - Fees; Billing; Taxes; Automatic Limitation of Functionality
7.1 Fees. Fees are as set out in the Subscription, Order, or pricing page in effect at the time of purchase, unless otherwise agreed in writing.
7.2 Billing in advance. Unless stated otherwise, fees are billed in advance on a monthly or annual basis. The Customer authorizes the Provider (and its payment processors) to charge applicable fees using the Customer’s selected payment method.
7.3 Taxes. Fees are exclusive of VAT, sales taxes, withholding taxes, duties, and similar governmental assessments. The Customer is responsible for all applicable taxes, except taxes based on the Provider’s net income.
7.4 Account balance; Customer responsibility. Where the Service operates on a prepaid balance or credit system, the Customer must ensure sufficient account credit at all times.
7.5 Automatic reduction of functionality. If the Customer’s account balance is insufficient (or payment fails), the Provider may automatically reduce the Service functionality without further notice. In particular, bookings created after the balance becomes insufficient will no longer be imported into or processed by the Service.
7.6 No liability; no backfill. The Provider shall not be liable for any data gaps, operational impact, lost revenue, or other damages resulting from such limitation. The Provider is not obliged to retroactively import (“backfill”) bookings created during the insufficient-balance period.
7.7 Late payments. The Provider may suspend access, charge default interest and reasonable collection costs, and/or terminate for cause if the Customer is in material payment default.
7.8 Refunds. Fees are non-refundable except where required by mandatory law or expressly agreed in writing. - Availability; Maintenance; No General SLA
8.1 The Provider aims to operate the Service in a professional manner; however, the Provider does not guarantee uninterrupted availability. Temporary downtime may occur due to maintenance, updates, security measures, capacity constraints, or causes beyond Provider’s reasonable control.
8.2 Planned maintenance may be performed with or without prior notice. Maintenance windows do not constitute downtime.
8.3 Any service level agreement (SLA) applies only if expressly agreed in writing and only to the scope described therein. - Third-Party Services; Integrations; APIs
9.1 The Service may enable the Customer to connect to Third-Party Services (e.g., OTAs, channel managers, payment providers, messaging providers, IoT vendors). The Customer’s use of Third-Party Services is governed solely by the third party’s terms.
9.2 The Provider is not responsible for Third-Party Services, including their availability, security, pricing, or changes. API changes, throttling, feature removal, or outages of Third-Party Services may affect the Service without giving rise to any claims.
9.3 Where the Customer provides API keys, tokens, or credentials for Third-Party Services, the Customer represents it is authorized to do so and remains responsible for maintaining and rotating such credentials. - Intellectual Property; Feedback
10.1 Provider IP. The Service, Documentation, and all related technology, designs, and know-how are owned by the Provider or its licensors. No rights are granted except as expressly stated in these Terms.
10.2 Customer Data. As between the parties, the Customer retains all rights in Customer Data. The Customer grants the Provider a worldwide, non-exclusive right to host, store, transmit, process, and display Customer Data solely to provide, secure, and improve the Service.
10.3 Feedback. If the Customer provides suggestions or feedback, the Provider may use it without restriction or obligation, without any compensation to the Customer. - Data Protection; Security; Processing Roles
11.1 Roles. The Customer is the data controller (or equivalent) for Customer Data. The Provider acts as a processor to the extent it processes personal data on behalf of the Customer.
11.2 Compliance. The Provider processes personal data in accordance with applicable data protection law, including (where applicable) the EU/EEA GDPR and the Swiss Federal Act on Data Protection (FADP).
11.3 DPA. If required by law, the parties will enter into a data processing agreement (DPA). If a DPA is provided by the Provider and accepted online or in writing, it forms part of the contract.
11.4 Security measures. The Provider implements reasonable technical and organizational measures designed to protect the Service and Customer Data. No method of transmission or storage is 100% secure; the Provider does not guarantee absolute security.
11.5 Customer responsibilities. The Customer must ensure it has a lawful basis to process and share personal data, including guest data; it must provide required notices and obtain consents where necessary. - Confidentiality
12.1 Each party may receive non-public information from the other party (“Confidential Information”). Confidential Information includes product roadmaps, pricing, security details, and non-public technical information.
12.2 The receiving party must protect Confidential Information with at least the same care it uses for its own similar information and may use it only to perform under the contract. Disclosure is permitted to employees and contractors with a need to know and bound by confidentiality obligations.
12.3 Confidentiality does not apply to information that is publicly available, independently developed without use of Confidential Information, or rightfully obtained from a third party. - Warranties; Disclaimers
13.1 Limited warranty. The Provider warrants that it will provide the Service with reasonable care and skill.
13.2 Disclaimer. Except as expressly stated, the Service is provided “as is” and “as available”. To the maximum extent permitted by law, the Provider disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
13.3 No legal/tax advice. The Provider does not provide legal, tax, or regulatory advice. The Customer is responsible for compliance with hospitality regulations, guest registration, city taxes, and similar obligations. - Limitation of Liability
14.1 The Provider is liable without limitation for intent and gross negligence, and for liability that cannot be excluded under mandatory law (e.g., for death or personal injury caused by negligence, where applicable).
14.2 For slight negligence, the Provider is liable only for breach of essential contractual obligations (cardinal obligations) and only for foreseeable damages typical for this type of contract.
14.3 To the maximum extent permitted by law, the Provider is not liable for indirect or consequential damages, loss of profit, loss of revenue, loss of goodwill, business interruption, or loss/corruption of data.
14.4 Liability cap. The Provider’s total aggregate liability under or in connection with the contract is limited to the fees paid by the Customer for the Service during the twelve (12) months preceding the event giving rise to the claim.
14.5 The limitations apply regardless of the legal theory (contract, tort, strict liability, or otherwise) and even if a remedy fails of its essential purpose. - Indemnification
15.1 By Customer. The Customer shall defend, indemnify, and hold harmless the Provider from and against all claims, damages, liabilities, penalties, and reasonable costs (including attorneys’ fees) arising out of or related to: (a) Customer Data, (b) Customer’s use of the Service in violation of these Terms or applicable law, or (c) breach of third-party terms (including OTA or payment provider terms).
15.2 Procedure. The Provider will promptly notify the Customer of a claim and reasonably cooperate. The Customer may control the defense and settlement, provided no settlement imposes any obligation on the Provider without its consent. - Term; Termination
16.1 Term. The contract term is as stated in the Subscription or Order. Unless otherwise specified, Subscriptions renew automatically for successive periods of equal length.
16.2 Ordinary termination. Either party may terminate at the end of the current Subscription term by giving thirty (30) days’ notice. If an individual agreement specifies different notice periods, those shall prevail.
16.3 Termination must be in Text Form. Termination notices must be provided in Text Form (e.g., email). Termination via messenger services (including WhatsApp), support tickets, in-app chat messages, or oral statements is excluded and invalid.
16.4 No partial termination. Partial termination of individual modules, add-ons, integrations, or service components is excluded unless expressly agreed in writing. Termination applies to the contract as a whole.
16.5 Termination for cause. Either party may terminate immediately for cause if the other party materially breaches the contract and fails to cure within a reasonable cure period (if curable). The Provider may terminate immediately in case of severe misuse, security risks, or repeated payment failure. - Effects of Termination; Data Export; Deletion
17.1 Upon termination or expiration, the Customer’s right to use the Service ends. The Provider may disable access.
17.2 Data export. Where reasonably available, the Provider may allow the Customer to export certain Customer Data during the Subscription term and for a limited period after termination. The Provider may charge reasonable fees for export assistance or custom formats.
17.3 Deletion. The Provider may delete Customer Data after a reasonable retention period, subject to legal retention obligations and backups. Backup copies may persist for a limited time as part of normal system operations. - Changes to the Service, Pricing, and these Terms
18.1 The Provider may update these Terms from time to time. Updated Terms will be made available on the Provider’s website or within the Service.
18.2 If changes materially reduce the Customer’s rights, the Provider will provide reasonable notice where practicable. Continued use of the Service after the effective date constitutes acceptance, unless mandatory law requires a different mechanism.
18.3 The Provider may change pricing for renewals by notifying the Customer before the renewal date. Price changes do not apply retroactively to the current paid term. - Force Majeure
Neither party is liable for failure to perform due to events beyond its reasonable control, including outages of telecommunications networks, acts of government, natural disasters, war, labor disputes, pandemics, or failures of hosting providers or Third-Party Services, provided it uses reasonable efforts to mitigate the impact. - Assignment
The Provider may assign or transfer the contract (including all rights and obligations) to an affiliate or successor in interest (including via merger, reorganization, or sale of assets). The Customer may not assign the contract without the Provider’s prior written consent. - Notices
Notices must be in Text Form and will be deemed given when sent to the email address associated with the Account (for notices to the Customer) or to the Provider’s designated legal notice email address published on its website (for notices to the Provider). - Governing Law; Jurisdiction
These Terms and any dispute arising out of or in connection with them are governed exclusively by Swiss law, excluding its conflict-of-law rules. The exclusive place of jurisdiction is the registered office of the Provider, unless mandatory law provides otherwise. - Severability; Entire Agreement
If any provision is held invalid or unenforceable, the remaining provisions remain in full force. These Terms (together with any Order and any DPA, if applicable) constitute the entire agreement regarding the Service and supersede prior agreements on the subject matter. - Language Version
The Provider may make available translations of these Terms. In case of discrepancies, the English version shall prevail unless an individual agreement expressly specifies a different prevailing language.