Terms and Conditions for the use of SayFIXED

1. Provider and parties

The SayFIXED service is provided by:

Hereinafter in these Terms and Conditions referred to as "the Provider" or "we".

The client under the contract is the natural or legal person who, in the course of its commercial or professional activity, operates a hotel, guest house or other accommodation establishment and creates a profile of that establishment in SayFIXED. Hereinafter referred to as "the Hotel" or "you".

SayFIXED is offered for professional use only. These Terms and Conditions are not intended for contracts with consumers acting outside their commercial or professional activity.

The person who creates the hotel profile declares that they are of full age, act on behalf of the Hotel and are entitled to bind it to these Terms and Conditions. The Provider may request additional information or evidence of that person's power of representation.

2. Subject matter and scope

These Terms and Conditions govern the relationship between the Provider and the Hotel in the use of the SayFIXED web platform, accessible via say-fixed.com.

They do not govern the relationship between the Hotel and its guests. The guest does not become a party to this contract and does not enter into a contract with the Provider when submitting a report via a QR code.

A separate Data Processing Agreement under Article 28 of Regulation (EU) 2016/679 applies to the processing of personal data on behalf of the Hotel. It is accepted together with these Terms and Conditions and forms an integral part of the contractual relationship.

3. The SayFIXED service

SayFIXED is a web platform through which:

• a guest may report a problem in a specific room or area by means of an individual QR code;
• a member of the Hotel's staff may register a problem identified by them;
• reports may be allocated to departments and responsible persons, tracked by status and included in the available reports;
• a description, photographs and, optionally, a contact for feedback may be added to a report;
• the Hotel may manage rooms, users, roles, departments and settings within the available functionality.

The guest does not create a profile, does not install an application and is not required to provide a name, booking reference or contact details.

When a photograph is uploaded, the platform removes any existing location and device metadata before the photograph is stored.

The guest interface and the interface for the Hotel's users are available in the languages supported by the platform.

The service is provided as software as a service (SaaS). The Hotel does not receive a copy of the software, the source code or the right to install the platform on its own infrastructure.

4. Enquiry, registration and conclusion of the contract

The submission of an enquiry through the form on the website constitutes solely an expressed wish to receive information or to start a free trial period. It does not result in the conclusion of a contract, the activation of the trial period or the creation of an obligation to pay.

Following the enquiry, the Provider may send a confirmation link to the business email address provided. Clicking on that link confirms the email address and grants access to the hotel profile creation page, but does not in itself conclude a contract.

The contract is concluded when the person on the hotel profile creation page:

• enters the required profile data;
• creates a user name or uses the email address provided and sets a password;
• ticks a separate, unticked-by-default checkbox confirming acceptance of these Terms and Conditions and of the Data Processing Agreement;
• confirms that they have read the Privacy Policy; and
• clicks the button to create the hotel.

The trial period begins at the moment the hotel profile is successfully created and the acceptance is recorded.

The Provider retains evidence of the acceptance, including the version of the documents accepted, the date and time, the profile and the hotel to which the acceptance relates, as well as the technical data necessary for authentication and security purposes.

The confirmation link is valid for 72 hours. After it expires, a new link may be issued.

Before a paid plan is activated, the Hotel shall provide the full details of the person who will be the party to the paid contract and the recipient of the invoices, including legal name, registration number, address, country, VAT number where applicable, and billing email address.

5. Free trial period

The free trial period is provided on the following terms:

• term: two months from the creation of the hotel profile;
• scope: up to 20 active rooms in a single establishment;
• no payment card is required;
• no subscription or set-up fee is payable;
• there is no automatic transition to a paid plan;
• the trial period is granted once per establishment.

The Provider may refuse or terminate the trial period in the event of established abuse, provision of false information, repeated registration of the same establishment for the purpose of obtaining a new free period, or any other material breach.

After the trial period expires, if no paid plan has been activated:

• on the day of expiry, the submission of new reports is discontinued — both by guests via the QR codes and by the Hotel's staff;
• the Hotel's users retain access to the platform for a further 14 calendar days, so that the Hotel may complete work on reports already submitted and export its data;
• within that period the Hotel may activate a paid plan and continue working without loss of data;
• after the 14 days have elapsed, access to the platform is terminated. The Hotel's data is retained and is not erased automatically.

The Hotel may at any time request the export or erasure of its data at the email address specified in section 18. Erasure is carried out within 30 calendar days of receipt of the request.

The Provider may erase the data of a Hotel without a contract in force following written notice by email and a period for response of not less than 30 calendar days.

Notwithstanding the above, the platform automatically applies the retention periods set by the Hotel in its settings: guests' contact details are anonymised and attached photographs are deleted upon expiry of the relevant period. These periods apply throughout the entire retention period, including after access has been terminated.

6. Plans and prices

The current plans, prices and included services are published on say-fixed.com and form part of the contract. A paid plan is activated only after express confirmation by the Hotel.

Plans are determined primarily by the number of active rooms in a single establishment. An "active room" is a room for which an active QR code exists and through which reports may be submitted.

Save where expressly stated otherwise on the pricing page or in an individual offer, the standard plans do not limit the number of reports, users and departments.

The Small Stay plan is intended for a single independent hotel, guest house or other small establishment with a total capacity of up to 20 rooms. It may be selected directly, without prior individual approval. The plan does not include specific integrations, bespoke development or services beyond the standard functionality.

If the number of active rooms exceeds the limit of the selected plan, the Hotel must move to an applicable higher plan. The Provider may restrict the activation of additional rooms until the plan has been changed.

Specific integrations, development work, printing, delivery of physical materials and other additional services are agreed separately.

No set-up fee is charged for a standard plan.

7. VAT, invoicing and payment

Prices are stated in euro and are exclusive of VAT, unless expressly stated otherwise. VAT is charged when and to the extent applicable under the tax legislation in force.

Payment shall be made in advance by bank transfer only, on the basis of an issued invoice:

• for a monthly plan — for the relevant upcoming monthly period;
• for an annual plan — for the entire upcoming 12-month period.

The payment term is seven calendar days from the date of the invoice, unless a different term is expressly stated in an individual offer or invoice.

Invoices and payment notices may be sent electronically to the email address provided by the Hotel.

In the event of late payment, the Hotel shall owe statutory interest. After notification by email, the Provider may suspend access to the service in whole or in part until payment is made in full. Suspension does not release the Hotel from its obligation to pay the amounts already due.

If the delay continues for more than 30 calendar days, the Provider may terminate the contract by notice sent by email.

8. Term, renewal and termination

The trial period contract has a term of two months and does not convert automatically into a paid contract.

The monthly paid plan is concluded for one month and renews automatically for successive one-month periods until terminated.

The annual paid plan is concluded for 12 months and renews automatically for successive 12-month periods, unless either party gives notice at least 30 calendar days before the end of the current annual period.

Either party may terminate a monthly plan on 30 days' notice. Termination takes effect upon expiry of the notice period, but not earlier than the end of the period already paid for.

The Hotel may terminate an annual plan before its expiry, but prepaid amounts are not refunded, unless the termination is due to a material breach by the Provider which has not been remedied within a reasonable period following written notice.

The Provider may terminate a paid plan on 30 days' notice. Where the termination is not due to a breach by the Hotel, the Provider shall refund the proportionate part of the prepaid fee for the period following termination.

Either party may terminate the contract with immediate effect in the event of a material breach by the other party which has not been remedied within seven days following written notice. No remedy period is required where the breach creates an immediate risk to security, to the rights of third parties or to the operation of the platform, or where by its nature the breach cannot be remedied.

Following termination of a paid contract, the regime described in section 5 applies: the submission of new reports is discontinued on the day of termination, users retain access for a further 14 calendar days in order to complete their work and export the data, after which access is terminated. The data is retained and is erased at the Hotel's request or in accordance with section 5.

9. Obligations of the Hotel

The Hotel undertakes:

• to provide accurate information and to keep it up to date;
• to use the platform solely for its commercial or professional activity;
• to safeguard the credentials and passwords of its users;
• not to share individual user profiles between different persons;
• to deactivate in good time users who no longer work for it or who should not have access;
• to assign appropriate roles and access rights;
• to place and use the QR codes only for rooms and areas in an establishment which it operates;
• not to publish QR codes in a manner which creates an unjustified risk of abuse;
• to process reports and guest data lawfully and in accordance with its own privacy policy;
• to provide guests with the information necessary regarding the processing of their personal data;
• not to enter, and not to encourage the entry of, special categories of personal data, health data, identity documents, payment data or any other information which is not necessary for handling a problem report;
• not to use the platform as a system for emergency calls, security, fire safety, medical assistance or other life-saving activities;
• to respond independently and promptly to reports according to the nature of the problem and its own internal organisation.

The Hotel is responsible for the acts of its users as for its own acts.

Marking a report as "urgent" or "immediate" does not constitute a guarantee of any response by the Provider and does not replace the 112 emergency number, an emergency service, technical support, security or any other appropriate channel.

10. Prohibited use and restriction of access

The following is not permitted:

• accessing or attempting to access the profiles and data of another hotel;
• circumventing restrictions, checks or security mechanisms;
• automated load generation, scanning or other activity which endangers the operation of the platform;
• reverse engineering, decompiling, copying, reselling or making the service available to third parties beyond the permitted use;
• uploading or storing unlawful, offensive, threatening or misleading content, or content unrelated to the reports;
• using the service for spam, harassment, fraud or the collection of data without a legal basis;
• using the platform for purposes other than the management of reports and problems in the establishment.

The Provider may remove specific content, restrict functionality or suspend access where this is necessary for security reasons, to comply with a legal obligation, to protect third parties or to prevent a material breach.

Where the risk does not require immediate action, the Provider shall notify the Hotel and allow a reasonable period for the breach to be remedied. Access may be restored once the breach has been remedied.

11. Personal data

With regard to the personal data contained in reports submitted by guests and staff, as well as to the user profiles created by the Hotel:

• the Hotel is the controller of the personal data and determines the purposes, the legal bases, the access rights and the retention periods;
• the Provider is the processor of the personal data and acts on the documented instructions of the Hotel;
• the relationship is governed in detail by the separate Data Processing Agreement.

With regard to the data collected through the public website, the enquiry form, contractual and invoicing correspondence, the acceptance records and the Provider's own security logs, the Provider may act as an independent controller in accordance with the Privacy Policy and applicable law.

The platform carries out automated erasure of guests' contact details in accordance with the Hotel's settings and the periods technically permitted by the system.

The Hotel must not instruct the Provider to carry out processing which infringes applicable law.

12. Hotel data, export and erasure

The Hotel retains the rights in and control over the data entered into the system by it, its users and the guests.

The Hotel grants the Provider a limited right to store, process, copy and technically convert that data solely to the extent necessary for the provision, maintenance and protection of the service in accordance with the contract and the Data Processing Agreement.

During the term of the active contract, the Hotel may use the available export tools or request the export of its data in a commonly used, machine-readable format, to the extent that the relevant data and formats are supported by the platform.

Following expiry or termination:

• the submission of new reports is discontinued on the day of expiry or termination;
• the Hotel's users retain access for viewing and export for a period of 14 calendar days;
• after that period, access to the platform is terminated and the data is retained;
• erasure is carried out at the Hotel's request within 30 calendar days or in accordance with section 5.

Erasure covers the live system. Copies remaining in backup archives are removed through the ordinary backup cycle.

Contractual, accounting, payment, audit and evidentiary records may be stored separately for the applicable statutory periods or for the establishment, exercise and defence of legal claims.

13. Availability, support and changes to the service

The Provider exercises due care to ensure that the service is available and secure, but does not guarantee uninterrupted operation, freedom from errors or compatibility with every device, browser, network or external service.

No commitment is given as to any particular availability percentage, response time or time to resolve a problem, unless such a commitment has been expressly agreed in a separate written agreement.

Standard support is provided through the contact channels published on the website. The publication of a telephone number or email address does not constitute a guarantee of an immediate response.

Planned and unplanned interruptions for maintenance, security, updating or troubleshooting are possible. Where practicable, the Hotel shall be notified in advance of planned interruptions having a material impact.

The Provider may develop and modify the platform, including its design, organisation and technical implementation. The Hotel shall be notified in advance of any change which removes material standard functionality, except where the change is required immediately due to a legal requirement or a security risk.

14. Liability

SayFIXED is a tool for receiving, allocating and tracking reports. The platform does not fix problems, does not carry out technical maintenance of the establishment, does not monitor whether staff have responded and does not replace the Hotel's organisation, personnel, procedures or supervision.

The Hotel bears full responsibility for:

• reviewing and responding to the reports;
• the technical condition and safety of the establishment;
• the acts and omissions of its staff and contractors;
• relations and communication with guests and any claims they may raise;
• decisions taken on the basis of the information in the platform.

To the maximum extent permitted by applicable law, the Provider shall not be liable for any direct or indirect damage, loss of profit, loss of revenue, business interruption, loss of goodwill, loss of or damage to data, guest claims or other consequences connected with the use of, or the inability to use, SayFIXED.

The Provider shall not be liable for consequences caused by:

• incorrect configuration or use by the Hotel;
• out-of-date or inaccurate data;
• shared or compromised passwords and QR codes;
• the acts of guests, staff or third parties;
• problems with internet connectivity, devices, browsers or external providers;
• failure to comply with these Terms and Conditions or with the instructions for use.

Nothing in this section excludes or limits any liability which cannot be excluded or limited under a mandatory provision of law, including liability for intent or gross negligence.

15. Intellectual property

The platform, the source code, the design, the databases, the documentation, the SayFIXED name and marks, and all related rights belong to the Provider or to the respective rights holders.

For the term of the contract, the Hotel is granted a limited, non-exclusive, non-transferable and revocable right to use the platform for its own activity and for the establishments included in the relevant plan.

No rights in the software, the trade mark or other intellectual property are transferred.

The Hotel warrants that it holds the necessary rights in the names, logos, photographs and other materials it provides. It grants the Provider a limited right to use them for configuring the platform and for producing materials and QR codes for the relevant establishment.

The Hotel's name or logo may be used as a public client reference or in advertising only with separate consent.

16. Changes to the Terms and Conditions and prices

The Provider may amend these Terms and Conditions in the event of changes to the service, the commercial model, the providers used or the applicable legislation.

The Hotel shall be notified by email of material changes at least 30 calendar days before they take effect. If the Hotel does not agree, it may terminate the contract by the date on which the changes take effect.

Changes required by law, by a binding instruction of a competent authority or by an immediate security risk may take effect within a shorter period. The Hotel shall be notified as soon as possible.

New prices shall apply:

• for a monthly plan — not earlier than 30 days after notification;
• for an annual plan — from the following annual period, unless the parties expressly agree otherwise.

The current version is published on say-fixed.com together with the date and version number.

17. Governing law, disputes and notices

The contract and these Terms and Conditions are governed by the law of the Republic of Bulgaria.

The parties shall use good-faith efforts to resolve any dispute that arises through negotiation. If they fail to reach agreement, the dispute shall be referred for resolution to the competent Bulgarian court in accordance with the applicable rules of procedure.

Notices between the parties may be sent to the email addresses specified in the profile and in section 18. The Hotel is obliged to maintain an up-to-date email address for contact and invoicing.

If any individual provision is declared invalid or unenforceable, this shall not affect the validity of the remaining provisions. The parties shall replace it with a permissible provision which achieves its original purpose to the greatest possible extent.

These Terms and Conditions are published in Bulgarian, English, German, French, Italian, Spanish and Russian. In the event of any discrepancy between the translations, the Bulgarian version shall prevail.

18. Contact