Terms and Conditions

1. Introduction

These Terms and Conditions ("Terms") govern access to and use of the Genius Loci platform and related services made available by Genius Loci AI ("Genius Loci", "we", "us", or "our").

Genius Loci is a software-as-a-service platform that enables accommodation providers to create, configure, deploy, and manage AI-powered digital property copilot experiences for guests, including:

• property knowledge bases
• QR-code-accessible guest chat with optional voice input and text-to-speech
• analytics and operational insights
• related property management tools

By creating an account, accessing the Services, accepting these Terms, starting a free trial, or otherwise using the Services, you ("Customer", "you", "your") agree to these Terms.

If you accept these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity. If you do not agree to these Terms, you must not use the Services.

2. Scope of Services

2.1 Services

Subject to these Terms, Genius Loci grants Customer a limited, non-exclusive, non-transferable, non-sublicensable right during the applicable Subscription Term to access and use the Services for internal business purposes related to Customer's accommodation business.

Depending on the subscribed plan, the Services may include:

• account and property management
• AI-powered guest chat accessible via QR code or direct link, including optional image upload
• property knowledge base upload, storage, indexing and search
• AI settings customization and agent personality configuration
• analytics, reporting, and operational insights
• integrations and APIs
• billing and subscription management
• guest-location-assisted search features (where enabled by the guest)
• third-party powered services (AI models, maps, weather, web search, email delivery)

2.2 Beta, Preview, and Experimental Features

Certain features may be labeled as beta, preview, early access, or experimental. These features may change at any time, may be discontinued, may not be fully tested, and may be provided without service commitments or warranties.

2.3 No Professional Advice

The Services are operational software tools only. They do not constitute legal, compliance, accounting, tax, travel, or medical/emergency guidance.

3. Eligibility and Customer Type

The Services are intended for business and professional use by accommodation operators, hosts, hotels, guesthouses, vacation rental operators, and similar hospitality businesses.

Customer represents that it is using the Services in the course of business or professional activity, not primarily as a consumer, unless Genius Loci explicitly agrees otherwise. Customer must be at least 18 years old and legally capable of entering into contracts.

4. Account Registration and Security

4.1 Account Creation

To use the Services, Customer must create an account or authenticate via approved single sign-on providers. Customer must provide accurate, complete, and current information.

4.2 Credentials

Customer is responsible for:

• keeping login credentials confidential
• all activity occurring under the account
• ensuring only authorized users access the account
• promptly reporting any suspected unauthorized access

4.3 Verification and Identity Checks

Genius Loci may require email verification, payment verification, fraud screening, or additional account verification before enabling full access to the Services.

4.4 Team Members and Account Sharing

Account owners may invite additional users ("Team Members") to help manage their account. Team Members are granted access to the account owner's properties, knowledge base, conversations, and analytics. Team Members cannot manage billing or invite other users.

The number of Team Members an account owner may invite depends on the subscribed plan. The account owner is responsible for the actions of all Team Members operating under their account. Invitations may only be sent to email addresses not already registered on the platform.

The account owner may remove Team Members at any time. Upon removal, the Team Member immediately loses access to the account owner's data and properties.

5. Subscription Plans, Trials, and Billing

5.1 Plans

The Services are offered under subscription plans with different features, usage limits, and pricing. Plan details may appear on the website, the billing portal, order forms, or checkout flows. Unless otherwise stated, the plan displayed at purchase applies.

5.2 Free Trial

If a free trial is offered, it is temporary access to the Services. Features may differ from paid plans. Genius Loci may modify or terminate trials at any time, and paid features may be disabled after the trial ends. Trial eligibility may be limited based on domain, payment method, location, device, or anti-abuse rules.

5.3 Fees

Customer agrees to pay all applicable subscription fees, usage-based fees, overage charges, and taxes. Unless otherwise stated:

• fees exclude VAT and similar taxes
• subscriptions are billed in advance
• usage fees may be billed in arrears
• fees are non-refundable, unless required by law

5.4 Automatic Renewal

Subscriptions automatically renew monthly or annually unless cancelled before renewal.

5.5 Plan Changes

Customers may change plans through the billing portal. Upgrades take effect immediately (possibly prorated); downgrades take effect at the next billing cycle.

5.6 Usage-Based Billing

Plans may include limits such as message allowances. If limits are exceeded, overage fees may apply based on Genius Loci usage records. Unused allowances do not roll over unless explicitly stated.

5.7 Taxes

Customer is responsible for all taxes related to the Services, except taxes based on Genius Loci income.

5.8 Payment Processor

Payments may be processed by third-party providers, including Stripe. Customer authorizes charges to the selected payment method.

5.9 Failed Payments

If payment fails, Genius Loci may retry the charge, suspend access, limit functionality, disable properties or accounts, or require a valid payment method.

5.10 No Set-Off

Customer may not withhold or reduce payment obligations unless required by law.

6. Customer Responsibilities

Customer is responsible for all content uploaded to the platform, including property descriptions, manuals, house rules, images, recommendations, documents, and contact details.

Customer must ensure content is accurate, lawful, current, and not misleading. Customer must also verify guest-facing information, obtain necessary rights and permissions, and comply with hospitality, consumer, and privacy laws.

7. Guest Chat and AI-Specific Terms

7.1 Nature of AI Outputs

AI-generated responses may include recommendations, suggestions, summaries, or operational guidance related to local services, restaurants, transportation, tourism, property usage, or similar hospitality-related topics. Such recommendations are generated automatically and may rely on third-party data sources, publicly available information, model inference, or Customer-provided content.

Genius Loci does not verify or guarantee the accuracy, availability, safety, legality, or quality of any recommended venue, service, location, or activity. Customer acknowledges that guests remain solely responsible for evaluating and deciding whether to rely on any AI-generated recommendation. AI outputs may be incomplete, inaccurate, outdated, or misleading. Customer must not treat AI outputs as guaranteed facts.

7.2 Sources of AI Responses

AI responses may use customer-uploaded content, system prompts and settings, guest messages (including text and images), optional guest location data, third-party APIs (including real-time web search results, mapping, and weather services), and AI model behavior. Genius Loci does not guarantee accuracy of these sources.

7.3 Guest Access

Guest chat may be accessible through QR codes, direct links, or publicly shared URLs. Anyone with access to those links may initiate chat unless additional controls are implemented.

The Genius Loci guest chat interface displays a brief privacy notice to guests, informing them that their messages are processed in order to respond to their enquiry, and providing a link to the Genius Loci Privacy Policy. Customer is responsible for ensuring that this privacy notice remains visible and accessible within the guest chat interface.

7.4 Voice Input and Text-to-Speech

Certain subscription plans include voice input (speech-to-text) and text-to-speech features within the guest chat. Voice input uses the guest's browser-based speech recognition; no raw audio is stored or transmitted to Genius Loci servers. Text-to-speech uses third-party AI services to generate audio from AI responses. Generated audio is ephemeral and not stored. Availability of these features depends on the Customer's subscription plan and the guest's browser capabilities.

7.5 Guest Image Upload

Guests may upload images within the chat interface. Uploaded images are compressed, stored on cloud infrastructure, and sent to the AI model provider for visual analysis to generate contextual responses. Images are associated with the anonymous chat session and follow the same retention policy as conversation content (see Privacy Policy). Guests must not upload images containing illegal content, content that infringes on third-party rights, or sensitive personal data of others. Maximum file size is 10 MB per image.

7.6 Sensitive and Emergency Use

The Services must not be used for emergency or safety-critical purposes. Customers must ensure emergency contacts are available through other channels. Customer must ensure that legally required information, emergency contacts, evacuation instructions, and safety procedures are communicated to guests through reliable non-AI channels.

8. Acceptable Use Restrictions

Customer must not, and must not permit any third party to:

• use the Services for unlawful, fraudulent, deceptive, harmful, or abusive purposes
• upload content that infringes intellectual property, privacy, confidentiality, publicity, or other rights
• upload malware or harmful code intended to disrupt systems or users
• probe, scan, reverse engineer, scrape, or gain unauthorized access to the Services or related systems
• interfere with the security, performance, integrity, or availability of the Services
• use the Services to generate or distribute illegal, discriminatory, defamatory, or harmful material
• use the Services to spam, phish, harass, impersonate, or mislead guests or third parties
• use the Services in violation of sanctions, export control laws, anti-money laundering rules, or anti-bribery laws
• resell, lease, sublicense, white-label, or commercially exploit the Services unless explicitly permitted in writing

Genius Loci may remove content, block access, or suspend accounts if violations are suspected.

9. Customer Content and License

9.1 Ownership

As between the parties, Customer retains all rights, title, and interest in and to Customer Content.

9.2 License to Genius Loci

Customer grants Genius Loci a worldwide, non-exclusive, royalty-free license to host, copy, process, transmit, display, adapt, index, analyze, and otherwise use Customer Content as necessary to:

• provide and maintain the Services
• generate AI responses and analytics
• perform search, summarization, translation, and classification
• prevent abuse and maintain platform security
• comply with legal obligations

This license remains in effect for as long as necessary to operate the Services and comply with retention obligations, backup procedures, and legal requirements.

9.3 Customer Warranties

Customer represents and warrants that:

• it has all necessary rights and permissions to submit Customer Content
• Customer Content does not violate applicable law or third-party rights
• required notices and consents have been obtained for any personal data included in Customer Content

10. Intellectual Property Rights

Genius Loci and its licensors retain all rights, title, and interest in:

• the Services
• software and infrastructure
• AI workflows and models
• system interfaces and templates
• documentation and branding
• aggregated, anonymized, and statistical platform data where legally permitted

Except for the limited usage rights granted in these Terms, no additional rights are granted.

11. Feedback

If Customer provides suggestions, ideas, improvement proposals, bug reports, or feature requests, Genius Loci may use such feedback without restriction, attribution, or compensation.

12. Third-Party Services

The Services rely on third-party providers which may include:

• payment processors
• AI model providers
• cloud infrastructure providers
• email delivery services
• mapping and location services
• weather data providers
• web search providers
• analytics tools
• identity and authentication providers

Customer acknowledges that:

• availability and performance may depend on these services
• third-party providers may change or fail outside Genius Loci's control
• Genius Loci is not responsible for third-party products except where required by law
• use of third-party functionality may also be subject to those providers' own terms and privacy policies

13. Data Protection, Privacy, and GDPR

13.1 Privacy Documents

Processing of personal data is governed by the applicable Privacy Policy and Data Processing Agreement (DPA) where relevant. If the Terms conflict with the DPA regarding personal data processing, the DPA prevails.

13.2 Roles

Unless otherwise agreed:

• Customer acts as the data controller for personal data submitted through the Services
• Genius Loci acts as processor or service provider when handling data on behalf of Customer
• Genius Loci may also act as an independent controller for billing, fraud prevention, legal compliance, and security operations

13.3 Customer Obligations

Customer is responsible for:

• establishing a lawful basis for processing personal data
• providing transparent privacy notices to guests and staff
• obtaining legally required consents (including location sharing where applicable)
• responding to data subject requests
• ensuring data provided to the platform is lawful and relevant

13.4 International Transfers and Subprocessors

Genius Loci may use subprocessors located both within and outside the European Economic Area (EEA) to provide the Services. Whenever we transfer personal data outside the EEA, we:

• use providers that offer appropriate safeguards under the GDPR (such as Standard Contractual Clauses approved by the European Commission)
• limit the data to what is strictly necessary for the specific service
• where possible, use anonymisation or pseudonymisation to reduce the identifiability of individuals

For guest chat users, conversations are anonymous by design. We do not ask for your name, email, phone number, or other direct identifiers. When data is sent to third-party providers outside the EEA (for example, to generate AI responses, fetch weather information, or show maps), it typically consists of the text of your questions and the assistant's answers, and the approximate location of the accommodation or your current position (if you explicitly enable location sharing).

For property owners and account holders, we may transfer account and billing data to trusted payment and infrastructure providers in order to process payments, send transactional emails, and operate the platform.

The current list of key subprocessors used in the provision of the Services includes:

• Scaleway — cloud infrastructure and data storage, data centres located in the EU, Paris (privacy policy)
• OpenAI — AI model provider for guest chat and response generation (privacy policy)
• Stripe — payment processing (privacy policy)
• Google Maps / Google Places — location and mapping services (privacy policy)
• Resend — transactional email and service notifications (privacy policy)
• Fakturoid — automated invoice generation (privacy policy)
• OpenWeatherMap — weather data for guest recommendations (privacy policy)
• Tavily — web search for real-time information in guest chat (privacy policy)

Genius Loci will notify Customers of any material changes to the list of subprocessors. An up-to-date list of subprocessors is available upon written request to info@geniusloci.homes.

13.5 Security Measures

Genius Loci maintains reasonable technical and organizational measures to protect personal data. However, no system is completely secure.

13.6 Data Processing Features

The Services may process personal data to:

• store property and knowledge base information
• generate AI responses and chat summaries
• produce analytics and operational insights
• manage billing and subscriptions
• send service notifications
• support optional location-based features

13.7 Separate Privacy Policy and DPA

These Terms do not replace the Privacy Policy or Data Processing Agreement. Customers may be required to accept a DPA for GDPR-regulated processing.

14. Confidentiality

Each party receiving Confidential Information from the other must:

• use it only as necessary to perform obligations under these Terms
• protect it with reasonable care
• disclose it only to employees or contractors who need access and are bound by confidentiality obligations

Confidential Information does not include information that becomes publicly available without breach, was already lawfully known, is independently developed, or is obtained legally from a third party. Disclosure may occur if required by law or court order.

15. Availability, Maintenance, and Support

15.1 Availability

Unless specified in a signed SLA, the Services are provided "as available." There are no guaranteed uptime levels, response times, or recovery times. Customers requiring defined uptime commitments, response times, or recovery objectives may contact Genius Loci to discuss a separate Service Level Agreement, available as a paid addition to standard plans.

15.2 Maintenance and Changes

Genius Loci may modify, suspend, update, or discontinue any part of the Services for reasons such as maintenance, performance improvements, legal compliance, security fixes, or abuse prevention.

15.3 Support

Support commitments apply only where explicitly stated in a plan description or order form.

16. Suspension

Genius Loci may suspend or limit access to the Services immediately, with or without prior notice, if:

• Customer breaches these Terms
• payment is overdue or payment collection fails
• Customer exceeds permitted usage limits or property limits
• Customer's use creates legal, security, reputational, or operational risk
• required third-party services become unavailable
• suspension is necessary to prevent harm, fraud, abuse, or legal exposure

Where reasonably practicable, Genius Loci will attempt to provide notice and an opportunity to cure the issue. In urgent cases, suspension may occur without prior notice.

17. Term and Termination

17.1 Term

These Terms begin when Customer first accepts them or begins using the Services and remain in effect until all subscriptions and use of the Services are terminated.

17.2 Termination by Customer

Customer may stop using the Services at any time. To terminate a paid subscription, cancellation must occur before the next renewal date through the billing portal or other authorized cancellation method. Cancellation does not entitle Customer to refunds for amounts already paid unless required by law.

17.3 Termination by Genius Loci

Genius Loci may terminate or suspend these Terms or any subscription immediately if Customer materially breaches these Terms and fails to cure the breach within a reasonable time, continued provision would be unlawful, Customer creates significant operational or legal risk, Customer becomes insolvent, or repeated payment failures indicate ongoing risk.

17.4 Effect of Termination

Upon termination or expiration:

• Customer's access rights immediately end
• guest-facing services may stop functioning
• Customer may export Customer Content at any time during an active subscription. Following termination or expiration, Genius Loci will retain Customer Content for a period of 12 months, during which Customer may request access for export purposes. After this 12-month retention period, Genius Loci will permanently delete Customer Content.
• backup systems, fraud prevention, compliance obligations, and legal holds may require limited continued retention

Accrued payment obligations survive termination. Customers are strongly advised to export important data before terminating the Services. Data export is available throughout the active subscription period.

18. Warranties Disclaimer

To the maximum extent permitted by law, the Services are provided "AS IS" and "AS AVAILABLE." Genius Loci disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, uninterrupted operation, and accuracy or reliability of outputs.

Genius Loci specifically disclaims any warranty that AI-generated content, guest chat responses, recommendations, or automated summaries will be factually accurate, legally compliant, or appropriate for Customer's specific jurisdiction or property operations. Customer is solely responsible for reviewing and validating information presented to guests where material decisions, bookings, safety, or regulatory compliance may be affected.

19. Limitation of Liability

19.1 Excluded Damages

Genius Loci will not be liable for indirect, incidental, consequential, or punitive damages, including loss of profits, loss of bookings, loss of goodwill, loss of data, reputational damage, costs of substitute services, or guest decisions based on AI-generated suggestions.

19.2 Aggregate Liability Cap

Genius Loci's total liability under these Terms will not exceed the total amount paid by Customer for the Services in the 12 months preceding the event giving rise to the claim. If Customer has not paid any fees, Genius Loci's liability will not exceed EUR 100.

19.3 Non-Excludable Liability

Nothing in these Terms excludes liability that cannot legally be excluded, including liability for fraud, willful misconduct, or death or personal injury caused by negligence where applicable law prohibits limitation.

20. Indemnification

Customer agrees to defend, indemnify, and hold harmless Genius Loci and its affiliates, officers, employees, contractors, and agents against third-party claims arising from Customer Content, Customer's use of the Services, violation of these Terms, infringement of third-party rights, Customer's relationship with guests or end users, or inaccurate guest-facing communications attributable to Customer.

This indemnification obligation also applies to claims arising from guest reliance on AI-generated responses, property information, recommendations, or automated communications configured or enabled by Customer through the Services.

21. Publicity

Unless Customer opts out in writing, Genius Loci may identify Customer as a customer in marketing materials, including website customer lists, case studies, presentations, and sales materials. This may include use of the Customer's name and logo. Upon written request, Genius Loci will stop future use where reasonably possible.

22. Export Control and Sanctions

Customer represents that it is not located in a jurisdiction subject to comprehensive sanctions and is not listed on any government restricted party list. Customer agrees not to use the Services in violation of export control or sanctions laws.

23. Changes to the Services and Terms

Genius Loci may update these Terms from time to time. Material changes may be communicated via email, in-app notification, website notice, or other reasonable means. Continued use of the Services after the effective date constitutes acceptance of the revised Terms. If Customer does not agree with the changes, Customer may cancel the subscription before the effective date in accordance with Section 17.2.

24. Governing Law and Dispute Resolution

These Terms are governed by the laws of the Czech Republic. Any disputes arising from these Terms will be subject to the exclusive jurisdiction of Okresní soud v Břeclavi, Czech Republic.

Before initiating formal legal proceedings, the parties agree to attempt to resolve the dispute informally for at least 30 days following written notice.

25. Miscellaneous

25.1 Entire Agreement

These Terms, together with any Order Forms, the Privacy Policy, and Data Processing Agreement (DPA), constitute the entire agreement between the parties regarding the Services.

25.2 Order of Precedence

If a conflict exists between these Terms and a signed Order Form or DPA, the signed document prevails.

25.3 Assignment

Customer may not assign these Terms without written consent from Genius Loci, except in the case of a merger or sale of substantially all assets. Genius Loci may assign these Terms as part of a corporate restructuring, acquisition, or financing. In such cases, Genius Loci will provide Customer with at least 14 days' prior written notice. If Customer does not accept the assignment, Customer may terminate the Services before the effective date of the assignment in accordance with Section 17.2.

25.4 Force Majeure

Neither party will be liable for delays or failure caused by events beyond reasonable control, including internet failures, infrastructure outages, cyberattacks, natural disasters, government actions, war or terrorism, labor disputes, epidemics, or failure of third-party providers.

25.5 Severability

If any provision is found invalid or unenforceable, the remaining provisions remain in effect.

25.6 Waiver

Failure to enforce a provision does not waive the right to enforce it later.

25.7 Independent Contractors

The parties are independent contractors. These Terms do not create partnership, joint venture, agency, or employment relationship.

25.8 Notices

Legal notices to Genius Loci must be sent to info@geniusloci.homes. Service notices to Customers may be sent via the registered account email or notifications within the Services.

25.9 English Version

If these Terms are translated, the English version prevails unless mandatory law requires otherwise.