1. Parties and definitions
These Terms of Service (the "Terms") form a binding agreement between Suite Profit Sp. z o.o., a limited liability company incorporated under the laws of the Republic of Poland, with its registered office at ul. Nowogrodzka 42 lok. 11, 00-695 Warszawa, Polska, entered in the register of entrepreneurs kept by Sąd Rejonowy dla m.st. Warszawy, XII Wydział Gospodarczy Krajowego Rejestru Sądowego under KRS number 0001102845, NIP 523-456-78-90, REGON 528 145 906, share capital PLN 10 000 fully paid up ("Suite Profit", "we", "us"), and the business entity that concludes a subscription with us in relation to the modules described below (the "Customer", "you"). Both parties may be referred to individually as a "Party" and jointly as the "Parties".
For the purposes of these Terms, the following capitalised expressions have the meanings assigned to them below. "Service" means the independent third-party software modules developed by Suite Profit and made available to the Customer as a service via the web dashboard at suiteprofit.org and the underlying application programming interfaces. "Profitroom Suite" means the property management platform supplied by Profitroom sp. z o.o., a company registered in France, to which the Customer subscribes independently of Suite Profit. "API Credentials" means the token or key set that permits the Service to read from, and where enabled write to, the Customer's Profitroom Suite tenant. "Business Day" means a day other than a Saturday, Sunday, or public holiday observed in Poland. "Order" means the electronic order form completed on our website or in a signed order document. "Subscription Term" means the period during which the Customer is entitled to receive the Service. "Personal Data" has the meaning given in Article 4(1) of Regulation (EU) 2016/679 (the General Data Protection Regulation, or "GDPR"). "Consumer" has the meaning given in Article 22(1) of the Polish Civil Code (Ustawa z dnia 23 kwietnia 1964 r. Kodeks cywilny, Dz.U. 1964 nr 16 poz. 93 with amendments).
2. Description of the Service
Suite Profit designs, hosts and maintains a suite of independent, third-party modules that connect to Profitroom Suite through the official Profitroom application programming interface. The current catalogue includes the Autopricer (revenue-management suggestions), Group Sync (multi-property inventory alignment), Guest Messenger (rate-limited guest communications over the WhatsApp Business Cloud API), and other modules identified on the suiteprofit.org catalogue at the time of the Order. Suite Profit is not affiliated with, endorsed by, or a distributor for Profitroom sp. z o.o.. Every reference to Profitroom Suite, the Profitroom logo, or related trademarks is descriptive and is used exclusively to identify the third-party platform with which our modules interoperate. The Customer must at all times hold an active Profitroom Suite subscription of a plan tier that includes API access; if the Customer's Profitroom plan does not include API access, the Service cannot be delivered until the Customer upgrades or authorises API access.
The Service is a business-to-business service designed for hotel operators, revenue managers, and hospitality management companies. It is not marketed to natural persons acting outside their business or professional activity, and it is not directed at children under the age of 16. The Service is offered on a "software-as-a-service" basis: no software is delivered as a physical or downloadable copy, and the Customer receives a limited, non-exclusive, non-transferable, revocable right to access and use the Service through a web browser during the Subscription Term.
3. Account creation, credentials and authorized users
To use the Service the Customer must create an account by nominating an administrator with a valid business email address and by providing the API Credentials that connect Suite Profit to the Customer's Profitroom Suite tenant. The administrator may create additional named users. The Customer is responsible for the accuracy of user information, for restricting user access on a need-to-know basis, and for deactivating users who cease to be authorised. Passwords must be kept confidential, must not be shared between individuals, and must meet the minimum complexity settings enforced by our identity provider. The Customer must promptly notify us at support@suiteprofit.org of any suspected unauthorised access. We may suspend user access where we reasonably believe that credentials have been compromised, that a user is violating these Terms or the Acceptable Use Policy, or where continued access would breach an applicable law binding on either Party.
4. Subscription and billing terms
The Service is provided against payment of a monthly subscription fee denominated in euro (EUR). Fees applicable to each module are set out in the Order and on the pricing page in effect at the time the Order is submitted. Suite Profit issues a VAT invoice on the first Business Day of each calendar month for that month's Service. Payment is due within fourteen (14) days of the invoice date by transfer to the account maintained with PKO Bank Polski, IBAN PL72 1050 1214 0000 0345 6789 1234. The Customer accepts electronic invoicing under Article 106n of the Ustawa z dnia 11 marca 2004 r. o podatku od towarów i usług. Late payment gives rise to statutory interest for delay in commercial transactions under Article 4a of the Ustawa z dnia 8 marca 2013 r. o przeciwdziałaniu nadmiernym opóźnieniom w transakcjach handlowych, as well as the fixed compensation for recovery costs provided for in Article 10 of that Act. In the event of a payment delay exceeding thirty (30) days the Service may be suspended after written notice; suspension does not release the Customer from its obligation to pay accrued fees.
5. Order confirmation and no card at checkout
Because the Service is billed by monthly invoice, the Customer is not asked to enter card or banking data at the moment of ordering. After the Customer submits an Order, we send an order confirmation by email to the address of the nominated administrator. The order confirmation summarises the modules ordered, the monthly fee, the Subscription Term, and the address to which invoices will be sent. The order confirmation together with these Terms and the Order constitutes the entire agreement between the Parties. Suite Profit will not act on any pre-printed conditions that the Customer subsequently sends with its purchase orders unless expressly accepted in writing by Suite Profit.
6. Client obligations
The Customer represents and warrants that (i) it holds an active Profitroom Suite subscription with API access, (ii) it has the authority to grant Suite Profit access to that tenant and to authorise the processing of Personal Data of guests and staff for the purposes of the Service, (iii) all information supplied at onboarding and thereafter is accurate, current and complete, (iv) it will keep confidential the API Credentials issued by us or by Profitroom, (v) it will use the Service in compliance with all applicable laws (including consumer, competition, unfair commercial practices, tax, and data protection laws), (vi) it will not upload any content that infringes third-party rights, and (vii) it will honour the commercial rates and rules that it publishes through the Service.
7. Suite Profit obligations and service levels
Suite Profit will supply the Service with reasonable skill and care, maintain the Service in a state of good working order, and remediate faults reported to support@suiteprofit.org in accordance with the following service levels. For the Starter plan we acknowledge a support ticket within one (1) Business Day and provide a substantive response within two (2) Business Days. For the Pro plan we acknowledge and provide a substantive response within the same Business Day. For the Group plan we acknowledge urgent tickets within two (2) hours during business hours (Monday to Friday, 08:00 to 20:00 Central European Time). Suite Profit will use commercially reasonable efforts to make the Service available at a monthly uptime of 99.5%, excluding scheduled maintenance (announced with at least 48 hours' notice), events of force majeure, and failures of upstream systems (including Profitroom Suite, WhatsApp Business Cloud API, and the payment provider used for invoicing).
8. Intellectual property
All rights, title and interest in and to the Service, including source code, object code, algorithms, user interface, documentation, and any improvements, remain vested in Suite Profit or its licensors. Nothing in these Terms transfers any intellectual property right to the Customer other than the limited licence to access and use the Service during the Subscription Term. The Customer retains all rights in and to its own data, including guest data received through Profitroom Suite. The Customer grants Suite Profit a non-exclusive, worldwide licence to host, transmit, process, and display Customer data solely to the extent necessary to provide the Service, to secure it, and to comply with legal obligations. Aggregated and de-identified statistics that cannot be traced back to an identifiable natural person or business may be used by Suite Profit for benchmarking and product improvement.
9. Third-party dependencies
The Service depends on third-party components including but not limited to Profitroom Suite (property management platform), Meta Platforms, Inc. (WhatsApp Business Cloud API), Amazon Web Services (cloud infrastructure), Stripe Payments Europe Limited (payment reconciliation for card payments where applicable), Twilio Ireland Limited (SMS transactional fall-back), and Anthropic Ireland Ltd. and OpenAI Ireland Ltd. (large-language-model inference for optional AI features). The Customer acknowledges that the availability, functionality, and terms of these third-party components may change and that outages or policy changes at these providers may affect the Service. Suite Profit will apply commercially reasonable efforts to mitigate such disruptions, including maintaining alternate providers where practicable.
10. Confidentiality
Each Party undertakes to treat as confidential all non-public information disclosed by the other Party during the Subscription Term, including business plans, pricing strategies, guest data, technical architecture, and audit reports. Confidential information may be used only for the purpose of performing this agreement and may not be disclosed to third parties other than professional advisers under equivalent duties of confidentiality, or subcontractors already engaged for the performance of the Service. The confidentiality obligations survive the termination of this agreement for a period of five (5) years, save that trade secrets remain protected for as long as they retain that character under the Ustawa z dnia 16 kwietnia 1993 r. o zwalczaniu nieuczciwej konkurencji.
11. Liability and indemnification
Suite Profit's aggregate liability under or in connection with these Terms, whether arising in contract, tort (including negligence), warranty, statute, or otherwise, is capped at the amount of subscription fees actually paid by the Customer in the twelve (12) months preceding the event giving rise to the claim. Suite Profit is not liable for any indirect or consequential loss, loss of profit, loss of revenue, loss of goodwill, loss of anticipated savings, loss of data (save for the cost of restoring data from the most recent backup made in accordance with these Terms), or business interruption. Nothing in these Terms limits or excludes liability that cannot be limited or excluded under Polish law, in particular liability for damage caused intentionally, liability for personal injury, and liability under Articles 415 and 471 of the Polish Civil Code where such liability cannot be validly excluded. The Customer will indemnify Suite Profit for any third-party claims arising from Customer content, from Customer's misuse of the Service, or from Customer's breach of the Acceptable Use Policy.
12. Term, renewal and termination
The Subscription Term begins on the date the Service is provisioned and continues for successive monthly periods until terminated by either Party with at least thirty (30) days' written notice given before the end of the then-current monthly period. Either Party may terminate for cause with immediate effect if the other Party (i) commits a material breach that is not remedied within fourteen (14) days of written notice, (ii) becomes insolvent, files for restructuring under the Ustawa z dnia 15 maja 2015 r. Prawo restrukturyzacyjne, or is subject to bankruptcy proceedings under the Ustawa z dnia 28 lutego 2003 r. Prawo upadłościowe, or (iii) breaches its data protection or confidentiality obligations. On termination the Customer must cease using the Service, revoke the API Credentials, and settle any outstanding invoices; Suite Profit will return or delete Customer Personal Data in accordance with the Data Processing Addendum.
13. Force majeure
Neither Party is liable for failure to perform its obligations to the extent that such failure results from events beyond its reasonable control, including natural disasters, war, terrorism, civil unrest, general strikes, epidemics, government orders, failures of internet backbone providers, and failures of upstream cloud infrastructure. The affected Party must notify the other in writing without undue delay, describe the event and its expected duration, and use reasonable efforts to mitigate its effects. If a force majeure event continues for more than sixty (60) consecutive days, either Party may terminate this agreement for cause without further liability.
14. Governing law and dispute resolution
These Terms and any non-contractual obligation arising out of or in connection with them are governed by the laws of the Republic of Poland, excluding the United Nations Convention on Contracts for the International Sale of Goods. The Parties will attempt in good faith to resolve any dispute through negotiation between senior representatives within thirty (30) days of a written notice of dispute. Failing amicable settlement, disputes will be submitted to mediation before the Centre for Mediation of the Warsaw Bar Association (Centrum Mediacji przy Naczelnej Radzie Adwokackiej) or another mutually acceptable mediator. Failing mediation within a further sixty (60) days, disputes will be finally submitted to the exclusive jurisdiction of the Sąd Okręgowy w Warszawie (Regional Court in Warsaw).
15. Consumer rights disclaimer
The Service is a business-to-business service. The Customer represents that it is concluding this agreement in connection with its business activity. Accordingly the fourteen-day right of withdrawal provided by Article 27 of the Ustawa z dnia 30 maja 2014 r. o prawach konsumenta does not apply to hotel operators, hospitality groups and similar enterprises acting in the ordinary course of their business. Where the Customer qualifies as a Consumer or as a natural person entered in the CEIDG whose subscription does not have a professional character for that person (Article 3855 of the Polish Civil Code — a so-called "microentrepreneur-consumer"), the specific consumer provisions of the Refund Policy apply and the fourteen-day right of withdrawal is available under the conditions set out there, subject to the exception in Article 38 point 13 of the same Act where digital content has been supplied in full with the Customer's express consent.
16. Amendments
Suite Profit may amend these Terms to reflect changes in law, to introduce new features, to adjust pricing for future monthly periods, or to strengthen security. We will notify Customers by email at least thirty (30) days before the effective date of a material amendment. If the Customer does not accept the amendment it may terminate the Service by written notice given before the effective date; use of the Service after that date constitutes acceptance. Non-material changes (typographical corrections, clarifications that do not diminish Customer rights) may be published without prior notice.
17. Contact and legal notices
Formal legal notices must be sent in Polish or English to Suite Profit Sp. z o.o., ul. Nowogrodzka 42 lok. 11, 00-695 Warszawa, Polska, with a copy by email to support@suiteprofit.org. Notices to the Customer are validly given to the administrator email address supplied at onboarding. Billing questions: billing@suiteprofit.org. Data protection questions: privacy@suiteprofit.org, attention Data Protection Officer Aleksandra Kwiatkowska (dpo@suiteprofit.org). Abuse reports: abuse@suiteprofit.org. These Terms are drawn up in English and, where required by law, in Polish; in case of divergence the Polish version prevails for Customers established in Poland.