Terms of Service – LodgePilot BV

Last Updated: 29 April 2025

Access to and use of the SaaS services (“Service”) provided by LodgePilot BV, with its registered office at Brusselseheerweg 24, 9400 Ninove, Belgium (VAT BE1017745081), are subject exclusively to these Terms of Service. By creating a customer account (“Account”) on lodgepilot.com or by otherwise using the Service, you accept these Terms of Service, the Privacy Policy, and – where applicable – the Data Processing Agreement (“DPA”). If you do not agree, you must immediately cease using the Service.

1. Definitions

“LodgePilot”, “we”, “us”, or “our”: LodgePilot BV.

“Service”: all software-as-a-service products and features provided by LodgePilot, including but not limited to creating and hosting booking websites, channel & calendar synchronization, reservation & payment management, and communication tools.

“Customer” or “you/your”: any individual or legal entity that registers an Account and/or uses the Service.

“Account”: the user account that provides access to the Service.

“Website”: any (sub)domain site created with the Service.

“Property”: any accommodation managed using the Service.

“Content”: all data (text, images, videos, etc.) uploaded or submitted to the Service.

“Customer Content”: all Content added by the Customer or its users.

“Subscription Fee”: the upfront fee payable for the chosen subscription plan.

“Booking or Transaction Fees”: any per-booking or payment processing fees, if applicable.

“Initial Term”: the first term of the subscription; “Renewal Term”: each automatic renewal thereafter.

2. The Service

LodgePilot provides an online platform to support the daily operational and commercial activities of property owners and managers. LodgePilot does not own or manage the advertised properties and is not a party to rental agreements between the Customer and guests.

3. Eligibility

You must be at least eighteen (18) years old and, if acting on behalf of a legal entity, have the authority to bind that entity. By registering an Account, you warrant that you meet these requirements and understand your obligations under these Terms.

4. Account Registration & Integrity

4.1 During registration, you must provide accurate, current, and complete information. Accounts using another party’s information, third-party trademarks, or inappropriate/vulgar names may be suspended or terminated without notice.

4.2 If an organization is granted multiple user licenses, each license is for one (1) individual and may not be shared.

4.3 If you suspect unauthorized access to your Account, notify LodgePilot immediately. We may require additional verification.

5. Limitation of Business Activities

LodgePilot offers software tools only. We are not responsible for contractual or legal obligations arising from rental transactions between the Customer and potential guests.

6. Use of the Service

The Service may only be used to legitimately manage and market properties. Any form of misuse, deception, or illegal activity may result in suspension or termination of the Account.

7. Trial Period

LodgePilot may, at its discretion, offer a free trial period. Without upgrading to a paid plan, access will be revoked at the end of the trial, and data may be permanently deleted.

8. Pricing, Plans & Payments

8.1 Current pricing and features are listed at lodgepilot.com/pricing.

8.2 LodgePilot reserves the right to adjust prices, plans, or features at any time without notice. Continued use after such changes constitutes acceptance.

8.3 All fees are due in advance and non-refundable, except as required by law.

9. Upgrades & Downgrades

You may upgrade or downgrade your subscription at any time via the application. You are responsible for any loss of functionality or data resulting from a downgrade.

10. Cancellation

10.1 You may cancel your Account at any time through the application.

10.2 Cancellations via email, phone, or other channels are invalid.

10.3 No refunds will be provided for unused portions of subscription periods.

11. Technical Support

Support is primarily provided via email (support@lodgepilot.com) and other online channels as available. LodgePilot reserves the right to offer limited support to free or trial accounts.

12. Prohibited Use

You agree not to:

• Harass, threaten, or deceive other users;
• Post unlawful, obscene, defamatory, or discriminatory content;
• Collect personal data without consent;
• Upload viruses, malware, or malicious code;
• Reverse-engineer or scrape the Service;
• Send spam or bulk communications (liquidated damages of €50 per violation);
• Perform any action that degrades the integrity, security, or performance of the Service.

This list is non-exhaustive. Violations may lead to content removal and/or account suspension or termination without notice.

13. Content & Intellectual Property

13.1 You retain all rights to your Customer Content.

13.2 You grant LodgePilot a non-exclusive, worldwide license to host, display, copy, translate, and distribute Customer Content to provide and promote the Service.

13.3 You warrant your Content does not infringe third-party rights and indemnify LodgePilot against related claims.

14. Copyright & Notices

LodgePilot does not tolerate copyright infringement. Rights owners may contact legal@lodgepilot.com to report violations; we will remove infringing Content upon verification.

15. Content Monitoring

LodgePilot does not actively monitor Content but reserves the right to investigate and remove Content when necessary.

16. Backups & Availability

LodgePilot strives for maximum availability and maintains an automated backup system. Unforeseen downtime may occur; no refunds for third-party or force majeure incidents.

17. Termination

17.1 LodgePilot may terminate your Account and data immediately for breach of these Terms.

17.2 Termination does not waive accrued rights, and you remain liable for outstanding fees.

18. Disclaimer

The Service is provided “as is” and “as available.” LodgePilot disclaims all warranties, express or implied, including merchantability and fitness for a particular purpose.

19. Limitation of Liability

LodgePilot's total liability and that of its affiliates is limited to the Subscription Fees paid in the three (3) months preceding the claim. We are not liable for indirect, incidental, or consequential damages unless prohibited by law.

20. Indemnification

You indemnify LodgePilot and its affiliates, officers, and employees against all claims, damages, liabilities, and expenses (including reasonable attorney's fees) arising from (i) your use in violation of these Terms or applicable law, or (ii) your infringement of third-party rights.

21. Personal Data

LodgePilot processes personal data in compliance with GDPR. You act as controller for guest data; LodgePilot is processor under the DPA.

22. Force Majeure

Neither party is liable for delays or failures due to circumstances beyond reasonable control, including natural disasters, government actions, internet or power outages, and labor disputes.

23. Changes to Terms

We may update these Terms with 30 days' notice. Continued use after the effective date constitutes acceptance of the updated Terms.

24. Severability

If any provision is invalid or unenforceable, the remaining Terms remain in full force, and the invalid provision is replaced with a valid one reflecting the original intent.

25. Waiver

Failure to enforce any right does not constitute a waiver of future enforcement of that or any other right.

26. Entire Agreement

These Terms, together with the Privacy Policy and DPA, constitute the entire agreement and supersede all prior understandings.

27. Notices

All notices are sent electronically to the email associated with your Account or via in-app notifications.

28. Assignment

You may not assign your rights or obligations without prior written consent. LodgePilot may freely assign its rights and obligations in connection with mergers, acquisitions, or asset sales.

29. Third-Party Rights

These Terms do not grant rights to third parties except where expressly stated.

30. Governing Law & Jurisdiction

These Terms are governed by Belgian law. Disputes fall under the exclusive jurisdiction of the courts of Brussels.

Data Processing Addendum

Last Updated: 29 April 2025

This Data Processing Addendum (“Addendum”) supplements the Terms of Service (“Principal Agreement”) at lodgepilot.com/terms between the Customer (“Controller”) and LodgePilot BV (“Processor”). It governs our roles and responsibilities under the GDPR.

1. Definitions & Scope

Key GDPR terms (e.g., “Personal Data”, “Processing”, “Sub‑processor”) have their usual EU definitions. The Processor will handle Controller Personal Data (Guests and Property Owners) only to provide and support the Services.

2. Data Processing

Purposes: To deliver and improve the Services, support Customer operations, and secure accounts.

Transfers: Controller authorizes transfers under GDPR safeguards.

Sub‑processors: Processor may engage GDPR‑compliant sub‑processors; Controller may request their identities.

3. Security & Confidentiality

Processor implements appropriate technical and organizational measures (e.g., encryption, access controls, regular testing) to protect Personal Data.

4. Data Subject Rights & Breaches

Processor assists Controller in responding to Data Subject requests and will notify Controller of any personal data breach within 48 hours, providing necessary details.

5. Data Retention & Deletion

Upon termination, Controller Personal Data will be returned or securely deleted unless retention is required by law.

6. Terms & Termination

This Addendum terminates with the Principal Agreement but data protection obligations survive.

Inconsistencies: this Addendum prevails regarding GDPR compliance.

Governing law: Belgian law (as per Principal Agreement).

IN WITNESS WHEREOF, this Addendum is hereby incorporated into the Principal Agreement as of the date the Customer first contracted the Services.