Terms of Service
Last Updated: March 4, 2026 Effective Date: January 1, 2026 Version: 2.1
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THE HOTEL NATIVE PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, YOU MAY NOT ACCESS OR USE OUR SERVICES.
These Terms of Service ("Terms," "Agreement") constitute a legally binding contract between Hello Native AI Inc. ("Hotel Native," "Company," "we," "us," or "our") and you or the entity you represent ("Customer," "you," or "your") governing your use of the Hotel Native platform, including the property management system, channel manager, booking engine, AI tools, API, and all related services (collectively, the "Services").
1. Definitions
"Account" means the account created by a Customer to access and use the Services.
"Affiliate" means any entity that directly or indirectly controls, is controlled by, or is under common control with a party.
"API" means the Hotel Native application programming interface and associated developer documentation.
"Authorized Users" means Customer's employees, contractors, and agents who are permitted by Customer to access and use the Services under Customer's Account.
"Channel Manager" means the feature of the Services that syncs room availability, rates, and reservations between the PMS and connected OTA channels.
"Content" means any data, text, images, information, or other material that Customer uploads, submits, or transmits through the Services.
"Documentation" means the official documentation, API reference, user guides, and technical specifications made available at hotelnative.ai/developers and related pages.
"Guest Data" means personal information about hotel guests that Customer processes through the Services.
"OTA" means online travel agency, including but not limited to Booking.com, Expedia, Airbnb, and similar platforms.
"PMS" means Property Management System — the core Hotel Native product for managing hotel operations including reservations, housekeeping, invoicing, and guest relations.
"Subscription" means Customer's subscription to the Services for the applicable Subscription Term.
"Subscription Term" means the period during which Customer is subscribed to the Services, as set forth in the applicable Order Form or payment confirmation.
"Usage Data" means anonymized and aggregated data derived from Customer's use of the Services, which does not identify Customer or its guests.
2. Account Registration and Eligibility
2.1 Eligibility
To use Hotel Native, you must: (a) be at least 18 years of age; (b) be a legal entity or individual with authority to enter binding contracts; (c) represent and warrant that your use of the Services complies with all applicable laws and regulations; and (d) not be a competitor of Hotel Native using the Services for competitive intelligence purposes.
2.2 Account Creation
You must provide accurate, current, and complete information during registration. You agree to update your information promptly to keep it accurate. Hotel Native may reject registrations at its sole discretion.
2.3 Account Security
You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your Account. You must immediately notify us at hello@hotelnative.ai of any unauthorized access or security breach. Hotel Native is not liable for any loss or damage from your failure to maintain account security.
2.4 One Account Per Property
Each property (hotel, villa, retreat) requires its own Account or sub-account under your organization. Multi-property management is available under our multi-property plan. Contact sales@hotelnative.ai for multi-property pricing.
3. Services Description
3.1 Property Management System (PMS)
Hotel Native provides a cloud-based PMS including: reservations and booking management; room inventory and rate management; housekeeping task assignment and tracking; guest profile and CRM; invoicing and payment processing; night audit and financial reporting; staff management; point-of-sale (POS); folio and charge management; digital check-in with QR codes; door lock integration; and custom fields for bespoke operational workflows.
3.2 Channel Manager
Hotel Native integrates with Channex and RoomCloud to distribute room availability and rates to connected OTA channels. The Channel Manager: pushes availability and rate updates in real time; receives inbound reservations from OTAs; reconciles bookings and decrements inventory; and maintains parity across all connected channels.
Important: Hotel Native is not responsible for OTA policies, OTA commission rates, OTA rate parity requirements, or disputes with OTAs. You are responsible for your agreements with each OTA.
3.3 Booking Engine
A white-label direct booking engine for your hotel website, including: real-time availability search; multi-room-type and multi-rate-plan selection; promo code support; payment processing (Tilopay/Stripe); booking confirmation; and guest communication.
3.4 AI Services
Hotel Native incorporates AI-powered features including: AI concierge for guests (powered by Anthropic Claude); AI staff assistant with 19 PMS tool functions; automated upsell campaigns; and content generation tools. AI features are subject to the acceptable use policies of the underlying AI providers.
AI Disclaimer: AI responses are generated by machine learning models and may occasionally be inaccurate, incomplete, or inappropriate. Hotel Native does not warrant the accuracy of AI-generated content. You are responsible for reviewing AI outputs before acting on them.
3.5 API Access
Subject to these Terms, Hotel Native grants you a limited, non-exclusive, non-transferable right to access and use the Hotel Native API to build integrations with the Services. API use is subject to rate limits, usage quotas, and the API-specific guidelines published at hotelnative.ai/developers.
4. Subscription Plans and Billing
4.1 Subscription Plans
Hotel Native offers subscription plans with varying features and usage limits. Current plan details, pricing, and features are described on our pricing page at hotelnative.ai. We reserve the right to modify plans with 30 days written notice.
4.2 Billing Cycle
Subscriptions are billed monthly or annually in advance. The billing cycle begins on the date you subscribe and renews automatically unless cancelled.
4.3 Payment
You authorize Hotel Native to charge your payment method on file for all applicable fees. All amounts are in United States Dollars (USD) unless otherwise specified. You are responsible for all taxes, duties, and levies applicable to your purchase.
4.4 Late Payments
Unpaid invoices may result in suspension of your Account. If payment fails, Hotel Native will notify you and attempt recharge. Accounts suspended for non-payment may be terminated after 30 days of non-payment.
4.5 Refund Policy
Annual Plans: If you cancel within 30 days of your initial purchase of an annual plan, you may receive a prorated refund for unused months. After 30 days, annual plan payments are non-refundable.
Monthly Plans: Monthly subscriptions are billed in advance and are non-refundable. Cancelling a monthly subscription prevents future charges but does not refund the current month.
Exceptions: Hotel Native may issue refunds or credits at its sole discretion in cases of documented service outages exceeding 24 consecutive hours.
4.6 Price Changes
Hotel Native may change subscription prices with 30 days written notice to your account email. Your continued use of the Services after the price change effective date constitutes acceptance.
4.7 Taxes
All fees are exclusive of applicable taxes. You are responsible for paying all sales taxes, VAT, GST, or similar taxes imposed by any governmental authority on your purchase of the Services. If Hotel Native is required by law to collect taxes on your behalf, we will add them to your invoice.
5. Acceptable Use Policy
5.1 Permitted Uses
You may use Hotel Native solely for lawful hospitality business operations at your registered property, including managing reservations, guests, staff, rates, and communications in compliance with all applicable laws.
5.2 Prohibited Uses
You agree not to:
(a) Reverse engineer or decompile any part of the Services, including attempting to extract source code or AI model weights;
(b) Circumvent security measures including authentication systems, rate limits, API quotas, or access controls;
(c) Scrape, crawl, or harvest data from the Services using automated tools beyond normal API usage;
(d) Upload malicious code including viruses, worms, ransomware, or any software intended to damage or disrupt the Services;
(e) Use the Services for illegal activities including but not limited to money laundering, fraud, identity theft, or violations of consumer protection laws;
(f) Process data of children under 16 without appropriate parental consent;
(g) Use AI tools to generate illegal content including content that infringes intellectual property rights, is defamatory, or violates the rights of any person;
(h) Resell or sublicense the Services to third parties without Hotel Native's prior written consent;
(i) Impersonate Hotel Native or any employee, partner, or agent of Hotel Native;
(j) Benchmark the Services for competitive purposes or to develop a competing product;
(k) Transmit spam, phishing messages, or unsolicited commercial communications through the messaging features;
(l) Access the Services using automated bots or scripts except through the official API with valid credentials.
5.3 Guest Data Compliance
You represent and warrant that you have all necessary legal authority, consents, and notices to collect and process Guest Data through the Services, including any consent required under GDPR, CCPA, or applicable local privacy laws. You are the data controller for Guest Data and are responsible for your own privacy policy with hotel guests.
6. Data Ownership and Processing
6.1 Your Data
You retain all ownership of and intellectual property rights in your Content and Guest Data. Hotel Native does not claim ownership of your data.
6.2 License to Hotel Native
By uploading Content to the Services, you grant Hotel Native a limited, worldwide, non-exclusive license to: (a) process, store, and transmit your Content solely to provide the Services; (b) use Usage Data (anonymized and aggregated) to improve, develop, and optimize the Services; and (c) disclose your Content as required by law or as set forth in our Privacy Policy.
6.3 Data Processing Agreement
For Customers subject to GDPR or other data protection regulations that require a data processing agreement, Hotel Native will enter into a Data Processing Agreement (DPA) upon request. Contact privacy@hotelnative.ai to request a DPA.
6.4 Data Export
You may export your data at any time through the dashboard or API. Upon termination, Hotel Native will make your data available for export for 90 days. After 90 days, Hotel Native may delete your data permanently.
6.5 Deletion
Upon your written request or account termination, Hotel Native will delete your Content and Customer Data from our live systems within 30 days, subject to legal retention obligations and backup rotation schedules (up to 90 additional days for backups).
7. Intellectual Property
7.1 Hotel Native IP
Hotel Native retains all intellectual property rights in the Services, platform, software, API, documentation, AI models, algorithms, designs, and brand assets (collectively, "Hotel Native IP"). Nothing in these Terms transfers any Hotel Native IP to you.
7.2 Customer IP
You retain all rights in your Content, brand assets, property photographs, and business data. Nothing in these Terms transfers any Customer IP to Hotel Native except the limited license in Section 6.2.
7.3 Feedback
If you provide suggestions, feedback, or ideas about the Services ("Feedback"), you grant Hotel Native a perpetual, irrevocable, worldwide, royalty-free license to use, incorporate, and commercialize such Feedback without restriction or compensation to you.
7.4 API and Developer Rights
Subject to these Terms, Hotel Native grants you a limited, non-exclusive, non-transferable, revocable license to access and use the API to develop integrations. You may not: (a) use the API to build a competing PMS or channel manager; (b) cache API responses beyond permitted TTLs; or (c) use the API in violation of the rate limits published in the Documentation.
8. Confidentiality
8.1 Definition
"Confidential Information" means any non-public information disclosed by one party to the other that is marked confidential or would reasonably be understood to be confidential given the circumstances of disclosure, including business plans, pricing, technical architecture, customer lists, and financial data.
8.2 Obligations
Each party agrees to: (a) hold the other's Confidential Information in strict confidence; (b) use Confidential Information only as necessary to perform obligations or exercise rights under these Terms; (c) not disclose Confidential Information to third parties without prior written consent; and (d) protect Confidential Information with at least the same care used to protect its own confidential information, but not less than reasonable care.
8.3 Exceptions
Confidentiality obligations do not apply to information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was known to the receiving party before disclosure; (c) is received from a third party without breach of any obligation; or (d) is independently developed without using Confidential Information.
9. Warranties and Representations
9.1 Mutual Warranties
Each party represents and warrants that: (a) it has full power and authority to enter into these Terms; (b) these Terms constitute a valid and binding obligation; and (c) its performance will not violate any applicable law or third-party agreement.
9.2 Hotel Native Service Warranty
Hotel Native warrants that: (a) the Services will perform materially in accordance with the Documentation under normal use; (b) it will implement commercially reasonable security measures; and (c) it will not knowingly introduce malicious code into the Services.
Remedy: Your exclusive remedy for a breach of this warranty is for Hotel Native to use commercially reasonable efforts to correct the non-conformity or, if correction is not feasible, to terminate your subscription and refund fees paid for the unused portion of the Subscription Term.
9.3 Customer Warranties
You warrant that: (a) you have all necessary rights and consents to use the Services and process Guest Data as contemplated by these Terms; (b) your Content does not violate any intellectual property rights or applicable law; and (c) your use of the Services will comply with all applicable laws and regulations in your jurisdiction.
9.4 Disclaimer of Warranties
EXCEPT AS EXPRESSLY SET FORTH IN SECTION 9.2, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. HOTEL NATIVE SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. HOTEL NATIVE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HOTEL NATIVE DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF AI-GENERATED CONTENT.
10. Limitation of Liability
10.1 Exclusion of Consequential Damages
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HOTEL NATIVE AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO: LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF DATA, LOSS OF GOODWILL, OR COST OF SUBSTITUTE SERVICES, EVEN IF HOTEL NATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10.2 Aggregate Liability Cap
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HOTEL NATIVE'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU TO HOTEL NATIVE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM; OR (B) ONE HUNDRED UNITED STATES DOLLARS (USD $100).
10.3 Essential Basis
THE PARTIES ACKNOWLEDGE THAT THE LIMITATIONS OF LIABILITY IN THIS SECTION REFLECT A REASONABLE ALLOCATION OF RISK AND ARE AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. HOTEL NATIVE WOULD NOT PROVIDE THE SERVICES WITHOUT THESE LIMITATIONS.
10.4 Exclusions
The limitations above do not apply to: (a) Hotel Native's gross negligence or willful misconduct; (b) Hotel Native's indemnification obligations; (c) claims arising from Hotel Native's breach of confidentiality obligations; or (d) liability that cannot be excluded under applicable law.
11. Indemnification
11.1 By Customer
You agree to indemnify, defend, and hold harmless Hotel Native and its Affiliates, officers, directors, employees, and agents from any third-party claim, suit, action, or proceeding ("Claim"), and all related damages, costs, and fees (including reasonable legal fees), arising from or relating to: (a) your use of the Services in violation of these Terms; (b) your Content or Guest Data; (c) your violation of any applicable law, regulation, or third-party rights; (d) your dispute with any OTA or channel partner; or (e) any claim by a hotel guest arising from your operations.
11.2 By Hotel Native
Hotel Native will indemnify, defend, and hold harmless Customer from any Claim alleging that the Services, when used as permitted by these Terms, infringe a third party's intellectual property rights. This obligation does not apply if the Claim arises from: (a) your modification of the Services; (b) your Content; (c) combination of the Services with non-Hotel Native products; or (d) your continued use after Hotel Native notifies you of an infringement claim.
11.3 Process
The indemnified party must: (a) promptly notify the indemnifying party in writing of the Claim; (b) give the indemnifying party sole control over the defense; and (c) cooperate reasonably at the indemnifying party's expense. The indemnifying party may not settle any Claim in a manner that imposes obligations on the indemnified party without prior written consent.
12. Term and Termination
12.1 Term
These Terms commence on the date you create your Account and continue until terminated.
12.2 Termination by Customer
You may terminate your subscription at any time by: (a) accessing Account Settings in the dashboard; or (b) emailing hello@hotelnative.ai. Termination takes effect at the end of the current billing cycle. No prorated refunds are provided for monthly subscriptions.
12.3 Termination by Hotel Native
Hotel Native may terminate your Account and subscription: (a) immediately upon written notice if you breach these Terms and fail to cure within 14 days of notice; (b) immediately for violations of the Acceptable Use Policy (Section 5) that are not susceptible to cure; (c) immediately if you become insolvent, make an assignment for the benefit of creditors, or enter bankruptcy proceedings; or (d) upon 30 days written notice for any reason.
12.4 Effect of Termination
Upon termination: (a) all licenses granted to you terminate; (b) you must immediately cease using the Services; (c) you may export your data within 90 days; (d) Hotel Native may delete your data after 90 days; and (e) all provisions that by their nature should survive termination shall survive (including confidentiality, limitation of liability, indemnification, and dispute resolution).
12.5 Suspension
Hotel Native may suspend your Account without terminating the subscription if: (a) your payment is overdue; (b) we reasonably suspect unauthorized access or a security breach; or (c) your use of the Services is causing harm to other customers or the platform. We will give you reasonable notice before suspension except where emergency suspension is necessary for security.
13. Dispute Resolution
13.1 Informal Resolution
Before initiating formal proceedings, you agree to attempt to resolve disputes informally by emailing legal@hotelnative.ai with a detailed description of the dispute. Hotel Native will attempt to respond within 15 business days. Many disputes can be resolved quickly through this process.
13.2 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. For Customers in the European Union, mandatory consumer protection laws of your country of residence may also apply.
13.3 Jurisdiction
Subject to Section 13.4, the parties consent to the exclusive jurisdiction of the courts located in Delaware, USA for any dispute arising under these Terms.
13.4 Arbitration
Except for claims eligible for small claims court, all disputes shall be resolved by binding arbitration under the JAMS Arbitration Rules, administered by JAMS. The arbitration shall be conducted in English, seated in Delaware, USA. The arbitrator's decision shall be final and binding. Each party bears its own arbitration costs unless the arbitrator finds a claim frivolous.
Class Action Waiver: YOU AND HOTEL NATIVE AGREE THAT ANY ARBITRATION OR LEGAL PROCEEDINGS SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.
14. General Provisions
14.1 Entire Agreement
These Terms, together with the Privacy Policy, Cookie Policy, any Order Form, and any applicable DPA, constitute the entire agreement between you and Hotel Native regarding the Services and supersede all prior agreements.
14.2 Amendments
Hotel Native may amend these Terms at any time by providing 30 days written notice via email. Your continued use of the Services after the effective date constitutes acceptance. If you do not agree to the amended Terms, you may terminate your subscription before the effective date.
14.3 Assignment
You may not assign or transfer these Terms or any rights or obligations without Hotel Native's prior written consent. Hotel Native may assign these Terms in connection with a merger, acquisition, or sale of assets without consent.
14.4 Severability
If any provision of these Terms is found invalid or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall remain in full force.
14.5 Waiver
Hotel Native's failure to enforce any provision of these Terms shall not constitute a waiver of its right to enforce such provision in the future.
14.6 Force Majeure
Neither party shall be liable for any delay or failure to perform obligations resulting from causes beyond its reasonable control, including natural disasters, acts of government, pandemics, cyberattacks, or internet infrastructure failures.
14.7 Notices
Legal notices to Hotel Native must be sent to legal@hotelnative.ai. Hotel Native will send legal notices to the email address on file for your Account. Notices are effective upon receipt.
14.8 Relationship of Parties
The parties are independent contractors. These Terms do not create a partnership, franchise, joint venture, agency, or employment relationship.
14.9 Export Compliance
The Services may be subject to export control laws. You agree not to use the Services in violation of applicable export laws and regulations, including US Export Administration Regulations.
14.10 Government Use
If you are a government entity, these Terms are accepted as required by applicable procurement regulations.
15. Contact Information
Hotel Native — Hello Native AI Inc.
General: hello@hotelnative.ai Legal/Terms: legal@hotelnative.ai Privacy: privacy@hotelnative.ai Support: support@hotelnative.ai Sales: sales@hotelnative.ai
Mailing Address: Hello Native AI Inc., Costa Rica
These Terms of Service are effective as of the date stated above and apply to all Customers who use or access the Hotel Native platform.