Legal

Terms & Conditions SAAS

The master subscription agreement of Digibeds Technologies Private Limited — the complete terms governing every Digibeds SaaS subscription, incorporating all platform policies.

Effective date: July 19, 2026

Company: Digibeds Technologies Private Limited (“Digibeds”, “we”, “us”), a company incorporated in India (“Company”)

1. Agreement and Acceptance

These Terms & Conditions SAAS (the “Agreement”) are a binding contract between Digibeds Technologies Private Limited and each customer (“Customer”, “you”) that subscribes to or uses the Digibeds cloud software — including the Digibeds Hotel Suite (PMS, front office, housekeeping, guest portal, booking engine, channel manager), Restaurant Management Software (POS, KOT, kitchen display, billing), mobile applications and the DigiBeds Open API (together, the “Service”).

By signing an order form, activating a subscription, creating an account, or installing, accessing or using any part of the Service, you accept and agree to be bound by this Agreement, together with the Software as a Service Policy, Terms & Conditions of Use, Acceptable Use Policy, Privacy Policy, Data Processing Agreement, Service Level Agreement, API Terms of Use, Refund Policy and Cancellation Policy (together, the “Policies”), each incorporated by reference. If you do not agree, do not use the Service. Anyone accepting for a company or property warrants authority to bind it.

2. Definitions

  • “Order”: an order form, quotation, invoice or online purchase describing the subscribed modules, properties, term and fees;
  • “Subscription Term”: the initial period stated in the Order and each renewal period;
  • “Customer Data”: data submitted to the Service by or for the Customer, including guest, reservation, rate, billing and operational data;
  • “Authorised Users”: the Customer’s staff and contractors permitted to use the Service for the Customer’s business;
  • “Documentation”: the published product and API documentation.

3. The Service and Licence

  • Digibeds will provide the Service materially as described in the Order and Documentation, with the availability commitment of the SLA.
  • Digibeds grants the Customer a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Service during the paid Subscription Term, solely for the Customer’s own lawful hospitality operations at the subscribed properties.
  • All rights not expressly granted are reserved. The Customer must not copy, modify, reverse engineer, resell, rent, or provide the Service to third parties except through a written partner agreement (see the Software as a Service Policy, Restricted Use).

4. Orders, Term and Renewal

  • Each Order takes effect on acceptance or on first activation of the subscribed Service, whichever is earlier.
  • Subscriptions renew automatically for successive terms of equal length at the then-current fees, unless either party gives notice of non-renewal before the renewal date as described in the Cancellation Policy.
  • Once a Subscription Term is active, cancellation of that term is not permitted, and fees for it are non-refundable.

5. Fees, Billing and Taxes

  • Fees are as stated in the Order, payable in advance for each Subscription Term unless agreed otherwise; usage-based and add-on fees are invoiced as incurred.
  • One-time charges — including setup, onboarding, data migration, customization, development, training and integration fees — are non-refundable once invoiced or once work has commenced.
  • All fees are exclusive of taxes; GST and other applicable taxes, duties or withholdings are the Customer’s responsibility and will be added to invoices as required by law.
  • Overdue amounts may attract interest at the lower of 1.5% per month or the maximum lawful rate, and may lead to suspension after notice; suspension does not waive amounts due nor extend the Term.
  • Fee changes take effect from the next renewal, with advance notice.

6. Customer Obligations

  • Provide accurate registration, property and billing information and keep it updated;
  • Safeguard credentials and API tokens; the Customer is responsible for all use under its accounts and by its Authorised Users;
  • Use the Service in compliance with this Agreement, the Policies and applicable law — including hospitality, tax, consumer, anti-spam and data-protection laws applicable to the Customer’s business;
  • Obtain all consents and provide all notices required to lawfully submit Customer Data (including guest personal data) to the Service;
  • Not use the Service for any purpose listed as Restricted Use in the Software as a Service Policy.

7. Customer Data, Privacy and Security

  • Customer Data belongs to the Customer. Digibeds processes it only to provide, secure and improve the Service, as processor under the Data Processing Agreement and as described in the Privacy Policy (GDPR, India DPDP Act 2023, US state laws and other applicable regimes).
  • Digibeds maintains the technical and organisational measures described in the Security Policy, including TLS encryption, role-based access control, hashed credentials and tokens, backups and incident response; payment card processing is delegated to PCI-DSS-compliant gateways.
  • During the Term and for the post-expiry window stated in the Software as a Service Policy, the Customer may export its key business data in a commonly used machine-readable format.
  • Digibeds may use aggregated, de-identified statistics that do not identify the Customer, a property or a guest to operate and improve the Service.

8. Intellectual Property

  • Digibeds and its licensors own all rights, title and interest in the Service, software, interfaces, Documentation, and Digibeds trademarks; see the Intellectual Property & Copyright Policy.
  • The Customer grants Digibeds a limited licence to host and process Customer Data solely to provide the Service.
  • Feedback voluntarily provided may be used by Digibeds without restriction or obligation.

9. Confidentiality

Each party will protect the other’s non-public information (including pricing, product roadmaps, security details and Customer Data) with at least reasonable care, use it only to perform this Agreement, and disclose it only to personnel and advisers under confidentiality duties, or where required by law with notice where lawful. These duties survive for 3 years after termination (indefinitely for trade secrets and Customer Data).

10. Third-Party Services

The Service interoperates with third-party services selected by the Customer (payment gateways, OTAs, messaging providers, accounting tools). Their performance, terms and privacy practices are their own; Digibeds is not liable for third-party acts, omissions or outages, though it will reasonably cooperate in incident diagnosis.

11. Warranties and Disclaimers

  • Digibeds warrants that it will provide the Service with reasonable skill and care and materially in accordance with the Documentation.
  • Except as expressly stated, the Service is provided “as is” and “as available”; to the maximum extent permitted by law, all implied warranties (merchantability, fitness for a particular purpose, non-infringement, uninterrupted or error-free operation) are disclaimed.
  • The Customer is responsible for its business decisions and outputs made using the Service.

12. Indemnities

  • By Digibeds: Digibeds will defend the Customer against third-party claims that the Service, as provided by Digibeds and used as permitted, infringes their intellectual-property rights, and pay resulting damages finally awarded or agreed — provided prompt notice, control of the defence and reasonable cooperation. If the Service is held infringing, Digibeds may modify or replace it, procure rights, or terminate the affected Service with a pro-rata refund of prepaid fees for the unused period (this is the sole exception to the Refund Policy). This indemnity does not cover combinations with third-party items, Customer Data, or use in breach of this Agreement.
  • By the Customer: the Customer will defend and indemnify Digibeds against third-party claims arising from Customer Data, the Customer’s use of the Service in breach of this Agreement or the Policies, or its violation of law (including guest privacy and anti-spam laws).

13. Limitation of Liability

  • To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for loss of profits, revenue, business, goodwill or data, even if advised of the possibility.
  • To the maximum extent permitted by law, Digibeds’ aggregate liability arising out of or relating to the Service or this Agreement in any 12-month period will not exceed the fees paid by the Customer for the affected Service in that period.
  • These limits do not apply to the Customer’s payment obligations, either party’s indemnity obligations, breach of confidentiality, infringement of the other party’s intellectual property, or liability that cannot be limited by law (including fraud or wilful misconduct).
  • Service credits under the SLA are the sole remedy for availability failures.

14. Suspension

Digibeds may suspend or restrict the Service (in whole or part) immediately where reasonably necessary for security, suspected Restricted Use, legal compliance, or overdue payment after notice. Digibeds will limit suspension to what is necessary and restore access promptly once resolved. Suspension does not extend the Term or create refund or credit rights.

15. Termination

  • Either party may terminate this Agreement or an affected Order for the other’s material breach not cured within 30 days of written notice, or immediately on the other’s insolvency;
  • The Customer may stop renewal at any time via a non-renewal request under the Cancellation Policy; the Service continues to the end of the paid Term;
  • On expiry or termination: access ends, unpaid fees for the Term remain due, and the data-export and deletion provisions of the Software as a Service Policy and DPA apply;
  • Termination for the Customer’s breach does not create any refund right. Sections on fees owed, IP, confidentiality, indemnities, liability, governing law and any provision intended to survive, survive termination.

16. Force Majeure

Neither party is liable for delay or failure caused by events beyond its reasonable control — including natural disasters, epidemics, war, terrorism, labour disputes, power or internet failures, hosting-region outages, government action or changes in law — provided the affected party mitigates and resumes performance promptly. Payment obligations for Service already provided are not excused.

17. Governing Law and Dispute Resolution

  • This Agreement is governed by the laws of India;
  • The parties will first attempt in good faith to resolve any dispute through senior-management discussion within 30 days of written notice;
  • Failing resolution, disputes will be finally settled by arbitration under the Arbitration and Conciliation Act, 1996 by a sole arbitrator, seat and venue in Guwahati, Assam, India, proceedings in English; courts at the seat have exclusive supervisory jurisdiction;
  • Nothing prevents either party seeking urgent injunctive relief from a competent court, and nothing overrides mandatory consumer or data-protection rights that apply to the Customer in its own jurisdiction.

18. Notices

Formal notices must be in writing: to Digibeds at [email protected] (with a copy by registered post to the registered office in India on request); to the Customer at the billing email on the account. Notices are deemed received on delivery (email: on transmission absent a bounce). Operational notices may be given in-product.

19. General

  • Entire agreement: this Agreement, the Order and the Policies are the entire agreement and supersede prior discussions; in conflict, the Order prevails over this Agreement, and this Agreement over the Policies (except the DPA for personal-data matters);
  • Assignment: the Customer may not assign without Digibeds’ written consent; Digibeds may assign to an affiliate or in a merger, acquisition or sale of assets;
  • Severability & waiver: invalid provisions are replaced by valid ones closest in effect; failure to enforce is not a waiver;
  • Independent contractors: no partnership, agency or employment is created;
  • Publicity: Digibeds may identify the Customer by name and logo as a customer, subject to the Customer’s brand guidelines and written objection at any time;
  • Amendments: Digibeds may update this Agreement prospectively; material changes are notified and take effect at the next renewal unless required earlier by law. The current version is always published on this page.

Contact

Questions about this Agreement: email [email protected] or call 08040265786. See the Legal Center for all policies.