1. Scope, Contracting Parties & Acceptance
These Terms govern access to and use of CYVERNA Hotel PMS, its web/PWA interfaces, APIs, automation, AI features, restaurant/POS functions, guest portals, integrations and related support services (the “Platform”). The subscribing hotel, resort, restaurant, hotel group, owner or authorised entity is the “Customer” or “Hotel”. CYVERNA provides technology only. A Hotel administrator who accepts these Terms represents that they have authority to bind the Customer.
Separation of responsibility: CYVERNA is not the hotel operator, employer, travel agent, restaurant operator, payment institution, tax adviser, statutory KYC authority, food-safety authority, security agency or merchant of record unless a separate signed agreement expressly says otherwise.
2. Customer Responsibilities
- The Hotel is solely responsible for lawful hotel operations, guest service, room allocation, physical safety, food safety, allergen disclosure, fire/life safety, employment practices, licences, police/foreigner reporting, GST/tax treatment, invoices, refunds, cancellation terms, pricing, discounts and statutory records.
- The Hotel must configure accurate rates, taxes, inventory, restaurant menus, ingredients/allergens, payment details, legal notices, retention periods, staff permissions and third-party credentials.
- The Hotel must ensure every user is authorised, uses an individual account, protects credentials and follows least-privilege access.
- The Hotel must obtain all notices, consents, permissions and lawful grounds needed for guest, visitor, employee, vendor and marketing data.
- The Hotel must independently verify any AI recommendation, revenue recommendation, generated communication, translated text or automation before relying on it for safety, legal, financial, tax or guest-impacting action.
3. CYVERNA Role & Service Boundary
CYVERNA supplies software functionality and reasonable technical support. Outputs depend on the data entered by the Hotel and on third-party systems. CYVERNA does not warrant that any configuration is legally sufficient for every state, city, police jurisdiction, tax regime, franchise standard, hotel classification or operating model. The Customer is responsible for local legal validation and for maintaining alternative business-continuity procedures where downtime could affect hotel operations.
4. AI, Automation & Decision Support
AI features are decision-support tools. Forecasts, recommendations, anomaly flags, room assignment suggestions, pricing suggestions, translations, guest summaries and automated actions may be incomplete or incorrect. “Autopilot” operates only within Hotel-configured policies, but the Hotel remains responsible for the policy, approval thresholds and resulting operational decision. AI alerts are not accusations of misconduct and must be reviewed against source transactions.
5. Third-Party Services & Integrations
OTA/channel managers, payment gateways, WhatsApp, SMS/email, identity/KYC tools, smart locks, IoT, accounting systems, maps, cloud/hosting providers and other connectors are third-party services. Their availability, certification, pricing, terms, outages, data handling and API changes are outside CYVERNA’s control. A connector marked “configured” is not a representation of third-party certification unless separately documented.
6. Data Protection Allocation
For guest/staff/vendor data that the Hotel determines to collect and process through the Platform, the Hotel normally acts as the Data Fiduciary and CYVERNA acts as a Data Processor/service provider on documented Hotel instructions, subject to the Data Processing Addendum. CYVERNA may act as an independent Data Fiduciary for its own subscription administration, account security, billing, support relationship, abuse prevention and service telemetry where CYVERNA determines those purposes and means.
7. Availability, Backups & Security
CYVERNA uses technical safeguards in the software design, but no internet-connected system is risk-free or continuously available. The Hotel must maintain backups, secure its Hostinger/server/account credentials, update software, protect endpoints, review logs and test recovery. Hosting, internet, local network, browser/PWA, DNS, certificate, device and third-party outages are not under CYVERNA operational control unless expressly included in a managed-service agreement.
8. Financial, Tax & Payment Disclaimer
Rates, GST, service charges, commissions, accounting entries, reconciliation and invoice outputs depend on Hotel configuration and source data. The Hotel must have its accountant/tax adviser validate statutory treatment. CYVERNA is not responsible for incorrect tax settings, unauthorised discounts, cash handling, payment disputes, chargebacks, gateway reversals or settlement delays caused by Hotel configuration or third parties.
9. Licence, Intellectual Property & Restrictions
CYVERNA and its licensors retain all right, title and interest in the Platform, source code, workflows, UI, documentation, trademarks and proprietary methods. The Customer receives only the licence expressly purchased. The Customer may not reverse engineer, resell, sublicense, copy protected code, remove CYVERNA branding, bypass subscription controls, conduct unlawful security testing or use the Platform to violate law or third-party rights.
10. Suspension & Termination
CYVERNA may suspend access for non-payment, material breach, security risk, unlawful use, attempted licence circumvention or where required by law. Suspension does not transfer responsibility for Hotel operations to CYVERNA. Data export/return obligations, if any, are governed by the commercial agreement and Data Processing Addendum.
11. Warranty Disclaimer
To the maximum extent permitted by applicable law, the Platform is provided on an “as available” basis. Except for express written warranties in a signed agreement, CYVERNA disclaims implied warranties of merchantability, fitness for a particular purpose, uninterrupted operation, error-free output, revenue improvement, occupancy improvement, regulatory compliance or third-party interoperability.
12. Limitation of Liability
Maximum contractual protection: To the maximum extent permitted by applicable law, CYVERNA will not be liable for indirect, incidental, special, punitive or consequential loss; loss of revenue/profit, business interruption, reputation, guest goodwill, data caused by Customer/third-party acts, tax exposure, regulatory penalty caused by Customer non-compliance, food/allergen incident, physical injury caused by Hotel operations, payment chargeback, OTA dispute or third-party outage. Subject to liabilities that cannot lawfully be excluded or limited, CYVERNA’s aggregate liability arising from the affected service is limited to the fees actually paid to CYVERNA for that affected service during the three months immediately preceding the event giving rise to the claim.
13. Customer Indemnity
To the maximum extent permitted by law, the Customer will defend, indemnify and hold CYVERNA, its officers, employees and service providers harmless from third-party claims, investigations, losses and reasonable costs arising from Hotel operations; unlawful/incorrect data collection; guest or employee claims; tax/KYC/police-reporting failures; food/menu/allergen information; payment handling; Hotel-provided content; unauthorised system access caused by Customer credentials; or Customer breach of these Terms, except to the extent directly caused by CYVERNA’s liability that applicable law does not permit to be excluded.
14. Governing Law, Disputes & General Terms
The commercial agreement should specify governing law, venue, payment terms, service levels and dispute process. Unless a signed agreement states otherwise, applicable Indian law governs. Venue/jurisdiction should be confirmed in the signed order form or master service agreement. If a provision is unenforceable, it is narrowed to the minimum extent necessary rather than invalidating the remaining Terms.