Terms of Service

Plain summary. By using OpenVoy you agree to use it lawfully, pay any agreed fees on time, and respect other people's data. We agree to provide the service we describe, keep your data safe, and behave reasonably if anything goes wrong. Where a separate written agreement (e.g. an order form or master service agreement) exists between OpenVoy and you, that agreement prevails over these terms in case of conflict.

1. The agreement

These terms ("Terms") govern your use of the website at this domain and the OpenVoy CRM software-as-a-service (together, the "Service") provided by OpenVoy, Bergmannstrasse 57, 10961 Berlin, Germany ("OpenVoy", "we", "us"). By accessing the website or using the Service you agree to these Terms. If you are using the Service on behalf of a company, you represent that you are authorised to bind that company.

2. The Service

The Service is a customer-relationship-management application built for travel businesses. We may improve, change or remove features over time. Material changes that meaningfully reduce the functionality of a paid plan will be communicated to active customers in advance.

3. Accounts and access

• You are responsible for keeping your account credentials secure and for all activity under your account.
• Each named user must have their own login. Sharing credentials is not permitted.
• You must give us accurate registration information and keep it up to date.
• You must be at least 18 years old, or the age of majority where you live, to use the Service.

4. Acceptable use

You agree not to:

• upload illegal content, malware, or content that violates third-party rights;
• send spam, phishing or unsolicited bulk communications through the Service;
• attempt to gain unauthorised access to the Service, other accounts, or our infrastructure;
• reverse-engineer, decompile or attempt to extract the source code of the Service, except to the extent expressly permitted by applicable law;
• resell, sublicense, or make the Service available to third parties without our written consent.

We may suspend or terminate access for serious or repeated breaches.

5. Customer data and privacy

Data you and your team enter into the Service ("Customer Data") remains your property. We process it on your behalf to provide the Service, as further described in our Privacy Policy. On request, we will sign our standard Data Processing Agreement.

6. Fees and billing

Where a paid plan is in effect, the price, billing frequency and renewal terms are those agreed in writing or shown at sign-up. Fees are exclusive of VAT and other applicable taxes. Late payment may be followed by a written notice and, if not resolved, suspension of the Service. Fees already paid for the current period are non-refundable except where required by law.

7. Term and termination

• You may stop using the Service at any time. If you are on a paid plan, cancellation takes effect at the end of the current billing period unless agreed otherwise.
• We may terminate or suspend access for material breach of these Terms, with notice where reasonably practicable.
• On termination we will, on request, provide an export of your Customer Data within a reasonable period and then delete or anonymise it, subject to any statutory retention obligation.

8. Service availability

We aim to keep the Service available and reliable, and we use reasonable efforts to prevent interruptions. The Service is provided on an "as is" and "as available" basis. Specific service-level commitments, if any, are set out in a separate written agreement.

9. Warranties and disclaimers

To the extent permitted by law, we disclaim implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Statutory rights under mandatory consumer-protection law are not affected.

10. Liability

To the extent permitted by law, our aggregate liability arising out of or in connection with these Terms is limited to the fees you actually paid us in the twelve (12) months before the event giving rise to the claim, or one hundred euro (€100), whichever is greater. Neither party is liable for indirect, incidental or consequential damages, lost profits, or lost data. Nothing in these Terms excludes liability that cannot be excluded under applicable law (for example, liability for intent or gross negligence).

11. Indemnification

You will indemnify and hold OpenVoy harmless against third-party claims arising from your unlawful use of the Service or your breach of these Terms. We will indemnify you against third-party claims that the Service, when used as permitted, infringes their intellectual-property rights, subject to commercially reasonable cooperation.

12. Confidentiality

Each party will protect the other's non-public business information shared in connection with the Service with reasonable care and only use it for the purposes of the agreement.

13. Changes to these Terms

We may update these Terms from time to time. Material changes will be communicated to active customers. Continued use of the Service after changes take effect means you accept the updated Terms.

14. Governing law and jurisdiction

These Terms are governed by the laws of the Federal Republic of Germany, excluding its conflict-of-laws rules and the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction is Berlin, Germany, to the extent permitted by law. Mandatory consumer-protection law of your country of residence remains unaffected.

15. Miscellaneous

• If any clause is held unenforceable, the rest remains in effect.
• You may not assign these Terms without our written consent.
• Our failure to enforce a right is not a waiver of that right.
• Notices to OpenVoy can be sent to hello@openvoy.com.

16. Contact

Questions about these Terms: hello@openvoy.com.