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Biteluxe Terms of Service
1. Agreement Overview
This Terms of Service ("Agreement") is a legally binding contract between the hotel ("Customer") and The Something Group Limited trading as "Biteluxe" ("Company"). By using the Biteluxe Guest Experience Platform, the Customer agrees to comply with these terms.
2. Services Provided
Biteluxe offers a comprehensive platform designed for independent hotels with 30+ beds. Key features include:
Personalized guest communications.
Real-time alerts.
Multi-channel guest chat.
Custom printed QR codes.
Upsell and cross-sell opportunities.
Digital guest web portal.
In-stay and post-stay feedback mechanisms.
Monthly and ad-hoc Business automation and AI consulting.
3. Responsibilities
Customer Responsibilities:
Provide necessary branding assets and adhere to setup guidelines. Ensure compliance with all applicable laws, including data protection regulations. Obtain explicit consent from guests for communications.
Company Responsibilities:
Deliver the platform with all advertised features. Maintain GDPR compliance and protect guest data. Provide training and support during setup and operation.
4. Fees and Payment
Customers will be charged a setup fee and a recurring monthly fee based on the number of hotel beds. Additional charges apply for premium features. Payments are due monthly in advance. Failure to pay on time may result in suspension of services.
5. Term and Termination
The Agreement begins upon activation of the service and continues on a rolling monthly basis. Either party may terminate with 30 days' notice. Early termination may result in forfeiture of setup fees. Biteluxe reserves the right to terminate the agreement for breaches or non-payment.
6. Data Protection and Privacy
Biteluxe ensures all guest data is handled in compliance with GDPR and other relevant regulations. The platform employs robust security measures to protect data. Customers must obtain explicit consent from guests for communications. For more details, please refer to our Privacy Policy and Data Processing Agreement.
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7. Intellectual Property
Biteluxe retains all rights to the platform and associated intellectual property. Customers are granted a non-exclusive, non-transferable license to use the platform during the term of the Agreement. Unauthorized use is prohibited.
8. Limitation of Liability
Biteluxe's liability is limited to the amount paid by the Customer in the six months preceding any claim. Biteluxe is not liable for any indirect, incidental, or consequential damages. This limitation does not apply to instances of gross negligence or wilful misconduct.
9. Amendments
Biteluxe may amend these terms from time to time. Customers will be notified of any changes, and continued use of the platform constitutes acceptance of the new terms.
10. Governing Law
This Agreement is governed by the laws of the jurisdiction where the Customer's hotel is located. Any disputes will be resolved in the courts of that jurisdiction.
11. Service Availability and Support
Biteluxe will make commercially reasonable efforts to ensure the platform is available 24/7, with occasional downtime for maintenance. Support is available during business hours via telephone, email, and WhatsApp. Emergency support is available for critical issues. For more details, refer to our Service Level Agreement (SLA)
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12. Compliance with Laws
Both parties agree to comply with all applicable laws and regulations, including data protection laws. Biteluxe's platform is designed to help customers meet these requirements. Regular audits and updates ensure ongoing compliance.
13. Indemnification
Customers agree to indemnify and hold Biteluxe harmless from any claims arising out of the Customer's use of the platform, violation of laws, or breach of this Agreement. This includes legal fees and expenses.
14. Confidentiality
Both parties agree to maintain the confidentiality of all proprietary information disclosed during the term of this Agreement. This obligation survives the termination of the Agreement. Confidential information includes data, trade secrets, and business strategies.
15. Entire Agreement
This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements, understandings, and communications, whether written or oral, relating to the subject matter herein. Any amendments must be in writing and signed by both parties.
Biteluxe Privacy Policy
1. Introduction
Biteluxe ("Company") is committed to protecting the privacy of our customers and their guests. This Privacy Policy outlines our practices regarding the collection, use, and protection of personal data.
2. Data Collection
Personal Data Collected:
Guest names, email addresses, and phone numbers.
Booking details, including check-in and check-out dates, guest name, phone number, email (if required for selected service).
Feedback and survey responses.
Methods of Collection:
Directly from guests during booking and check-in.
Through booking email confirmation (auto-forwarded to Biteluxe).
Via feedback forms and in-stay interactions.
3. Data Use
Purpose of Data Use:
To provide personalized guest communications and services.
To improve guest experiences through feedback analysis.
To send marketing and promotional messages with consent.
Legal Basis for Processing:
Consent obtained from guests for specific purposes.
Performance of a contract (guest services).
Legitimate interests (service improvement and marketing).
4. Data Sharing
Third-Party Service Providers:
Payment processors for in-room and online transactions.
Marketing platforms for email, SMS, and WhatsApp communications.
Analytics providers to enhance service offerings.
Compliance with Legal Obligations:
Sharing data with authorities when required by law.
5. Data Protection
Security Measures:
Use of encryption for data in transit and at rest.
Regular security audits and vulnerability assessments.
Access controls and staff training on data protection.
Data Retention:
Personal data is retained only as long as necessary for the purposes outlined.
Regular reviews to ensure data is not kept longer than required.
6. Guest Rights
Access and Correction:
Guests can request access to their personal data.
Guests can request corrections to inaccurate or incomplete data.
Erasure and Restriction:
Guests can request the erasure of their data under certain conditions.
Guests can request restriction of processing in specific circumstances.
Objection and Portability:
Guests can object to data processing based on legitimate interests.
Guests can request the transfer of their data to another service provider.
7. Data Breach Response
Incident Management:
Immediate investigation and assessment of data breaches.
Notification to affected individuals and authorities within 72 hours if required.
Mitigation Measures:
Steps to contain and rectify the breach.
Review and improvement of data protection practices post-incident.
8. Updates to Privacy Policy
Biteluxe may update this Privacy Policy periodically. Customers will be notified of significant changes, and continued use of the platform constitutes acceptance of the updated policy.
9. Contact Information
For any questions or concerns regarding this Privacy Policy or data practices, please contact us at:
Email: [email protected]
Address: Biteluxe Privacy Office, 94 Fulham Palace Rd, London, England, W6 9PL
Biteluxe Data Processing Agreement (DPA)
1. Introduction
This Data Processing Agreement ("DPA") forms part of the Terms of Service ("Principal Agreement") between the hotel ("Customer") and Biteluxe ("Company"). The DPA ensures compliance with data protection laws, particularly GDPR.
2. Definitions
Data Controller: The Customer.
Data Processor: Biteluxe.
Data Subject: Individuals whose personal data is processed.
Personal Data: Any information relating to an identified or identifiable person.
3. Subject Matter and Duration
The DPA governs the processing of Personal Data by Biteluxe on behalf of the Customer. It remains in effect as long as Biteluxe processes Personal Data.
4. Nature and Purpose of Processing
Biteluxe processes Personal Data to deliver personalized communications, manage guest feedback, and enhance guest experiences as outlined in the Principal Agreement.
5. Types of Personal Data and Data Subjects
Types of Personal Data:
Guest names, email addresses, phone numbers.
Booking details and preferences.
Feedback and survey responses.
Categories of Data Subjects:
Guests of the Customer.
6. Customer Obligations
Ensure compliance with data protection laws.
Obtain explicit consent from Data Subjects for processing.
Provide necessary instructions to Biteluxe for data processing.
7. Biteluxe Obligations
Process Personal Data only on documented instructions from the Customer.
Ensure confidentiality of personnel accessing Personal Data.
Implement appropriate technical and organizational measures to protect Personal Data.
Assist the Customer in fulfilling Data Subject requests.
Notify the Customer of any data breaches without undue delay.
Maintain records of data processing activities.
8. Sub-Processors
Biteluxe may engage sub-processors to process Personal Data. Biteluxe will:
Ensure sub-processors comply with the same data protection obligations.
Obtain prior written consent from the Customer for new sub-processors.
Remain fully liable for sub-processors' performance.
9. Data Subject Rights
Biteluxe will assist the Customer in responding to Data Subject requests to exercise their rights under data protection laws, including:
Access to Personal Data.
Rectification or erasure of Personal Data.
Restriction of processing.
Data portability.
Objection to processing.
10. Data Transfers
Biteluxe will not transfer Personal Data outside the European Economic Area (EEA) without the Customer's prior written consent and ensuring appropriate safeguards are in place.
11. Data Breach Notification
In the event of a Personal Data breach, Biteluxe will:
Notify the Customer without undue delay.
Provide sufficient information to allow the Customer to comply with its data breach obligations.
Take necessary measures to mitigate the breach.
12. Return or Deletion of Personal Data
Upon termination of the Principal Agreement, Biteluxe will, at the Customer's choice, return or delete all Personal Data, unless otherwise required by law.
13. Audits and Inspections
Biteluxe will allow for and contribute to audits and inspections conducted by the Customer or an auditor mandated by the Customer, to ensure compliance with this DPA.
14. Liability and Indemnity
Both parties agree to indemnify and hold each other harmless against any claims, damages, or losses arising from the breach of this DPA.
15. Governing Law and Jurisdiction
This DPA is governed by the laws of the jurisdiction where the Customer's hotel is located. Any disputes will be resolved in the courts of that jurisdiction.
Contact Information
For any questions or concerns regarding this DPA, please contact us at:
Email: [email protected]
Address: Biteluxe Privacy Office, 94 Fulham Palace Rd, London, England, W6 9PL
Biteluxe Service Level Agreement (SLA)
1. Scope of Services
This Service Level Agreement (SLA) outlines the expected performance and support levels for the Biteluxe Guest Experience Platform. The SLA covers uptime guarantees, support response times, and performance standards for the services provided.
2. Uptime Guarantee
Biteluxe guarantees an uptime of 99.9% for its platform, excluding scheduled maintenance and force majeure events.
3. Support Response Times
Biteluxe offers tiered support with the following response and resolution times:
Critical Issues: Platform-wide outages or severe disruptions affecting all users:
Response Time: Within 1 hour / Resolution Time: Within 4 hours
High Priority Issues: Significant functionality impairments affecting a majority of users.
Response Time: Within 2 hours / Resolution Time: Within 8 hours
Medium Priority Issues: Partial functionality impairments affecting some users:
Response Time: Within 4 hours / Resolution Time: Within 24 hours
Low Priority Issues: Minor issues or general inquiries:
Response Time: Within 8 hours / Resolution Time: Within 48 hours
4. Maintenance and Scheduled Downtime
Scheduled Maintenance: Biteluxe will perform scheduled maintenance during off-peak hours. Customers will be notified at least 48 hours in advance.
Emergency Maintenance: May be performed as needed to ensure the security and integrity of the platform. Notifications will be sent as soon as possible.
5. Performance Standards
Biteluxe ensures the following performance standards for the platform:
Page Load Time: Average page load time will not exceed 5 seconds under normal usage conditions.
Transaction Processing: Transactions (e.g., booking confirmations, in-room dining, feedback submissions) will be processed within 5 seconds.
6. Service Credits
If Biteluxe fails to meet the uptime guarantee, the Customer will be eligible for service credits as follows:
98.5% - 99.0% Uptime: 5% of the monthly fee credited
97.0% - 98.4% Uptime: 10% of the monthly fee credited
Below 97.0% Uptime: 20% of the monthly fee credited
7. Customer Obligations
To ensure the effective delivery of services, the Customer agrees to:
Provide accurate and timely information required for setup and operation.
Adhere to the recommended guidelines and best practices for using the platform.
Report issues promptly and provide necessary details for troubleshooting.
8. Exclusions
The following are excluded from the uptime guarantee and support response commitments:
Downtime caused by factors outside Biteluxe's reasonable control, including force majeure events.Issues resulting from Customer's hardware, software, or network configurations.Scheduled maintenance windows announced in advance.
9. Governing Law and Jurisdiction
This SLA is governed by the laws of the jurisdiction where the Customer's hotel is located. Any disputes will be resolved in the courts of that jurisdiction.
Contact Information
For any questions or concerns regarding this SLA, please contact us at:
Email: [email protected]
Address: Biteluxe Privacy Office, 94 Fulham Palace Rd, London, England, W6 9PL
Biteluxe End-User License Agreement (EULA)
1. Agreement Overview
This End-User License Agreement ("EULA") is a legal agreement between the hotel ("Customer") and Biteluxe ("Company") for the use of the Biteluxe Guest Experience Platform ("Software").
2. Grant of License
Biteluxe grants the Customer a non-exclusive, non-transferable, revocable license to access and use the Software according to the terms of this EULA.
3. License Restrictions
The Customer agrees not to:
Modify, reverse engineer, or create derivative works of the Software.
Rent, lease, or sublicense the Software.
Use the Software for any illegal or unauthorized purpose.
4. Ownership
Biteluxe retains all rights, title, and interest in and to the Software, including all intellectual property rights. This EULA does not convey any rights of ownership to the Customer.
5. Term and Termination
This EULA is effective from the date the Customer begins using the Software and continues until terminated. Biteluxe may terminate this EULA if the Customer breaches any terms. Upon termination, the Customer must cease all use of the Software and destroy any copies in their possession.
6. Updates and Maintenance
Biteluxe may provide updates, enhancements, or maintenance to the Software. These updates are subject to the terms of this EULA. Biteluxe is not obligated to provide any specific updates or support.
7. Data Protection
The Customer must comply with all applicable data protection laws when using the Software. Biteluxe will process personal data in accordance with its Privacy Policy and Data Processing Agreement.
8. Limitation of Liability
Biteluxe's liability is limited to the amount paid by the Customer for the Software in the preceding six months. Biteluxe is not liable for any indirect, incidental, or consequential damages arising from the use of the Software.
9. Indemnification
The Customer agrees to indemnify and hold Biteluxe harmless from any claims, damages, or losses arising from the Customer's use of the Software or breach of this EULA.
10. Governing Law and Jurisdiction
This EULA is governed by the laws of the jurisdiction where the Customer's hotel is located. Any disputes will be resolved in the courts of that jurisdiction.
Contact Information
For any questions or concerns regarding this EULA, please contact us at:
Email: [email protected]
Address: Biteluxe Privacy Office, 94 Fulham Palace Rd, London, England, W6 9PL