By subscribing to Viqal's services, you ("Customer") agree to be legally bound by these Terms and Conditions ("Terms"). If you use Viqal's services on behalf of a company or other entity, "Customer" refers to that entity, and you confirm that you are authorised to bind the entity to these Terms. Together with the Data Processing Agreement and any applicable quotation or order, these Terms form the full agreement between Viqal and the Customer (collectively, the "Agreement").
Active Rooms: The number of distinct rooms at a Property that had at least one Guest staying during a Subscription Month. Each room is counted once per Subscription Month, and the count resets at the start of each Subscription Month.
Add-on: An optional paid service selected by the Customer in addition to a Plan, as described in Section 12.
Affiliate: Any entity that directly or indirectly controls, is controlled by, or is under common control with the party specified.
Billing Period: The period corresponding to the Customer's selected billing frequency: monthly, quarterly, or annual.
Committed Rooms: The number of rooms the Customer selects for a Property when subscribing, which the Customer pays for in advance each Billing Period.
Customer Content: Any data, content, or materials that the Customer submits to or generates using the Services.
End User: An individual authorised by the Customer to access and use the Services.
Guest: An individual whom the Customer (or its End User) communicates with via the Services.
Message Delivery Fees: The third-party charges incurred in delivering messages to Guests, as described in Section 11.
Plan: The subscription tier selected by the Customer (Core, Pro, or Enterprise).
Property: A single hotel, accommodation business, or portfolio of short-term rental units (apartments) operating under one WhatsApp Business Account within the Customer's Viqal account. Where the Customer operates short-term rentals, apartments, or similar, multiple units count as one Property for as long as they are served by a single WhatsApp Business Account.
Quotation: A digital document outlining the pricing and services offered by Viqal, subject to Customer acceptance.
Services: The Viqal products and services provided under an Order, including any updates or modifications.
Subscription Month: Each successive one-month interval of the Subscription Term, beginning on the day of the month on which the Subscription Term commenced.
Subscription Term: The period of the Customer's subscription as stated in an Order.
Third-Party Services: Any external product, add-on, or platform not provided by Viqal that the Customer uses with the Services.
3.1 The Customer may create an account, configure a Property, connect a property management system, invite colleagues as End Users, and test the Services at no charge and with no payment method required.
3.2 No messages are sent to Guests during this period.
3.3 The Subscription Term begins when the Customer activates the Services for Guests ("Go-Live"). Fees become payable from Go-Live.
4.1 The Subscription Term runs for the Billing Period selected by the Customer, commencing at Go-Live.
4.2 Subscriptions renew automatically for successive Billing Periods unless cancelled by the Customer through the account dashboard or via the link provided in subscription-related emails, before the end of the current Billing Period.
4.3 Quarterly and annual Billing Periods carry a discount to the monthly rate, as published on Viqal's pricing page or stated in the Quotation. Discounts apply to Committed Rooms, Overage Rooms and Add-ons. They do not apply to Message Delivery Fees.
5.1 Committed Rooms. The Customer selects the number of Committed Rooms for each Property. Committed Rooms are the minimum number of rooms for which the Customer will be charged. This number does not have to equal the total number of rooms at the Property.
5.2 Active Rooms. Active Rooms are any rooms at the Property where a Guest stayed during a Subscription Month, including where the stay commenced in a previous Subscription Month. Each room is counted once per Subscription Month. Active Rooms are measured from reservation data received from the Customer's connected property management system.
5.3 Fees are based on the greater of the two. For each Subscription Month, the Customer pays for the greater of its Committed Rooms or its Active Rooms.
5.4 Charging Committed Rooms. Committed Rooms are charged in advance for each Billing Period, at the per-room rate for the applicable Plan and volume tier as published on Viqal's pricing page or stated in the Quotation. The per-room rate decreases as the Committed Room count increases. Billing Period discounts under Section 4.3 apply.
5.5 Overage Rooms. Where Active Rooms exceed Committed Rooms in a Subscription Month, the difference ("Overage Rooms") is invoiced in arrears on the following invoice, at the per-room rate the Customer pays for its Committed Rooms plus EUR 1.00 per Overage Room. Active Rooms are assessed for each Subscription Month, including where the Customer is on a quarterly or annual Billing Period, and Overage Rooms are invoiced monthly.
5.6 Enterprise. Properties of 250 rooms or more, and Customers with more than one Property who elect group pricing, are priced under an Enterprise Quotation. Where group pricing applies, rooms may be aggregated across Properties for the purpose of determining the applicable volume tier.
5.7 Increasing Committed Rooms. The Customer may increase its Committed Rooms at any time. The increase takes effect immediately and is charged pro rata for the remainder of the current Billing Period.
5.8 Decreasing Committed Rooms. The Customer may decrease its Committed Rooms with effect from the next renewal. Decreases do not take effect during a Billing Period and no refund is due for the current period.
5.9 Committed Rooms do not change automatically. Viqal will not increase the Customer's Committed Room count without the Customer's action.
5.10 No restriction on service. The Services do not stop or restrict messaging when Active Rooms exceed Committed Rooms. All Guests continue to be served.
Account Management: The Customer is responsible for maintaining the confidentiality of account credentials and must notify Viqal immediately if it suspects any unauthorised use of its account.
Affiliate Use: Affiliates may use the Services under the Customer's account, but the Customer is responsible for all activities and compliance.
Guest Data: The Customer must ensure that all Guest data shared with Viqal is accurate and complete.
7.1 The Services include connection to the property management systems and other hotel systems that Viqal supports at the time of subscription, as listed on Viqal's integrations page. Connection is included in all Plans at no additional charge.
7.2 Where the Customer's system is not yet supported, Viqal may build a new integration at no charge, at Viqal's discretion, for Customers whose subscription fee is EUR 500 or more per Billing Period.
7.3 Viqal does not warrant that any new integration will be delivered within a specific timeframe, or that a third-party provider will grant the access required to build it.
7.4 The completeness and accuracy of data received from a connected system, including room assignment on reservations, depends on that system and on the Customer's configuration of it. Viqal is not responsible for data a connected system does not provide.
Viqal strives to provide uninterrupted access to the Services but may perform scheduled or unscheduled maintenance. While Viqal will attempt to notify the Customer in advance, it cannot guarantee prior notice in all cases.
9.1 All Plans include onboarding, technical support, and platform updates.
10.1 Currency and taxes. All fees are stated in euros and exclusive of VAT and any other applicable taxes, duties, or governmental charges, which the Customer agrees to pay. VAT is applied in accordance with Section 13.
10.2 Subscription fees in advance. Subscription fees for Committed Rooms and Add-ons are payable in advance for each Billing Period.
10.3 Message Delivery Fees in arrears. Message Delivery Fees are invoiced in arrears, at the end of each calendar month, for that month's usage. See Section 11.
10.4 Overage Rooms in arrears. Overage Rooms are invoiced in arrears on the following invoice, as set out in Section 5.5.
10.5 Payment method. The Customer authorises Viqal to charge the payment method held on file for all amounts due under this Agreement, including recurring subscription fees, Add-ons, Message Delivery Fees, and additional rooms.
10.6 Non-payment. Where a payment fails, Viqal may retry the charge and may suspend the Services following notice to the Customer.
11.1 The Services deliver messages to Guests over WhatsApp, SMS, RCS, and other supported channels. The third-party charges for that delivery are not included in the subscription fee.
11.2 Message Delivery Fees comprise the third-party charges incurred by Viqal in delivering the Customer's messages, including WhatsApp charges set by Meta, SMS carrier charges, and communications infrastructure charges, plus an administration fee of 15% of those charges.
11.3 The administration fee covers metering, invoicing, payment processing, and settlement of the underlying third-party charges.
11.4 Message Delivery Fees are invoiced monthly in arrears alongside the Customer's other charges.
11.5 Third-party rates (for example WhatsApp rates set by Meta) are set by the relevant provider and may change without notice. Viqal passes through the applicable rate at the time of delivery.
11.6 There is no minimum charge. The Customer pays only for messages actually sent.
12.1 Branded WhatsApp Business Account. The Customer may add a WhatsApp Business Account displaying its own name, logo, and, at the Customer's option, its own telephone number, in place of the Viqal-provided account. The fee is charged per Property per month at the rate published on Viqal's pricing page or stated in the Quotation, subject to the Billing Period discounts in Section 4.3.
12.2 Setup is performed by the Customer through a guided signup flow within the Services. Verification and approval of a WhatsApp Business Account is performed by Meta. Viqal does not control that process and does not guarantee approval, approval timeframes, or continued approval.
12.3 Add-ons are billed in advance alongside the subscription fee and renew with the Subscription Term. Add-ons may be cancelled with effect from the next renewal.
The prices quoted are exclusive of any applicable taxes, duties, or other governmental charges. Taxation is handled as follows based on geographical region:
Ownership: Viqal retains all rights, title, and interest in the Services and any data generated from the use of the Services, excluding Customer Content.
Customer Content: The Customer retains ownership of its content and grants Viqal a non-exclusive, sublicensable licence to process this content solely for the purpose of providing the Services.
Feedback: Any feedback provided by the Customer may be used by Viqal without restriction or compensation.
By using the Services, the Customer agrees to comply with the terms outlined in the Data Processing Agreement (DPA), which is incorporated by reference into these Terms.
16.1 The Services include an AI-powered communication system (the "AI Operator") that interacts directly with the Customer's Guests. Use of the AI Operator is subject to the EU AI Act (Regulation (EU) 2024/1689) and the operational terms set out in the Data Processing Agreement.
16.2 AI Disclosure. The Customer acknowledges that Guests interacting with the AI Operator will be informed that they are communicating with an AI system. Viqal provides standard disclosure templates as part of the Services. The Customer is responsible for ensuring that any modifications continue to meet applicable transparency requirements.
16.3 Intended Use. The Customer shall use the AI Operator only for the intended purpose of Guest communication and related hospitality services. The Customer shall not use the AI Operator for credit scoring, employment decisions, biometric identification, or any other purpose that would constitute high-risk AI use under Annex III of the EU AI Act.
16.4 Human Oversight. The AI Operator is designed to escalate to the Customer's staff when it is instructed to do so or when the AI Operator determines escalation is appropriate. The Customer is responsible for staffing and responding to escalated conversations within reasonable timeframes.
16.5 Limitations of AI. The Customer acknowledges that the AI Operator may produce errors, inaccuracies, or omissions, including but not limited to incorrect pricing, availability, or service information. Such errors do not constitute a breach of these Terms or a Personal Data Breach unless they involve unauthorised processing of Personal Data as defined in the Data Processing Agreement. Viqal's liability for AI-generated content errors is limited as set out in Section 19.
16.6 Guest-initiated messaging. Messages sent by the AI Operator on the Customer's instruction, including automated journey messages and campaigns, are sent under the Customer's authority. The Customer is responsible for ensuring it has a lawful basis to contact each Guest.
Both parties agree to keep all Confidential Information received from the other party confidential and to use it solely for the purpose of fulfilling their obligations under this Agreement. Confidential Information excludes information that is publicly known, independently developed, or lawfully obtained from a third party.
By Viqal: Viqal will defend the Customer against any third-party claims that the Services infringe on intellectual property rights and indemnify the Customer for any damages awarded.
By Customer: The Customer will indemnify Viqal against any third-party claims resulting from Customer Content or breach of these Terms.
To the maximum extent permitted by law, neither party will be liable for indirect, incidental, or consequential damages, including lost profits. Viqal's liability is limited to the amount paid by the Customer in the 12 months preceding the incident giving rise to the liability.
Termination for Breach: Either party may terminate the Agreement if the other party commits a material breach and fails to remedy it within 30 days of notice.
Effect of Termination: Upon termination, the Customer's access to the Services will cease. Viqal will delete Customer Content within a reasonable time after termination.
Outstanding usage charges: Message Delivery Fees and additional room charges incurred before termination remain payable and will be invoiced after the Subscription Term ends.
Refunds: No refunds will be provided unless the Agreement is terminated by the Customer due to Viqal's material breach.
These Terms are governed by Dutch law, with disputes exclusively settled by the courts of the Netherlands.
Viqal reserves the right to modify these Terms with prior notice. If the Customer does not accept the changes, it may terminate the Agreement by providing notice within 14 days of the changes. Continued use of the Services constitutes acceptance of the new Terms.
Viqal will not be liable for any failure to perform its obligations under this Agreement due to events beyond its reasonable control, including natural disasters, war, or government regulations. If such an event continues for more than 30 days, either party may terminate the Agreement.
These Terms, along with the Data Processing Agreement and any Quotation, represent the entire agreement between the parties and supersede any prior agreements.
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