Terms and Conditions

Occupancy PMS

Effective Date: September 1, 2026 Last Updated: September 1, 2026

1. Agreement to These Terms

1.1 These Terms and Conditions (the "Terms") form a legally binding agreement between Occupancy PMS, a company registered in Albania, with registered office at Tirana, Albania ("Occupancy", "we", "us", "our"), and the entity or person that creates an account for the Service ("Customer", "you", "your").

1.2 You accept these Terms by (a) checking the box marked "I agree to the Terms and Conditions and Privacy Policy" during sign-up, (b) clicking "Continue with Google" beneath a notice stating that continuing constitutes acceptance, or (c) accessing or using the Service. Acceptance is recorded server-side with a timestamp against your account.

1.3 If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity. If you do not have that authority, or you do not agree to these Terms, do not use the Service.

1.4 If a separate signed agreement (for example a Master Services Agreement or an Order Form) exists between you and Occupancy, that agreement controls to the extent of any conflict with these Terms.

2. Definitions

Capitalized terms have the meanings given below. Terms defined elsewhere in this document carry that meaning throughout.

3. The Service

3.1 What the Service does. Occupancy PMS is a cloud-based property management system for hotels and hospitality businesses. Its functions include:

• guest profile and reservation management;
• room inventory, rate, and availability management;
• check-in and check-out operations, including room allocation;
• multi-property management under a single account;
• channel manager and OTA (online travel agency) synchronization;
• subscription billing and account administration.

3.2 Licence grant. Subject to your compliance with these Terms and payment of applicable fees, Occupancy grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited right to access and use the Service for your own internal business purposes during the Subscription Term.

3.3 No sale of software. The Service is licensed, not sold. Occupancy and its licensors retain all right, title, and interest in and to the Service, including all intellectual property rights. No rights are granted other than those expressly stated in these Terms.

3.4 Internet access required. The Service is delivered over the public internet. You are responsible for obtaining and maintaining a suitable internet connection and a supported, up-to-date browser. Occupancy is not responsible for degradation or unavailability caused by your network, hardware, or browser.

3.5 New features. Occupancy may add, modify, or remove features. Any new feature, tool, or integration made available to you forms part of the Service and is governed by these Terms.

4. Your Account

4.1 Eligibility. To use the Service you must be at least 18 years old, act on behalf of a legally registered business or as its authorized representative, and have the authority to bind that business to these Terms.

4.2 Registration accuracy. You must provide accurate, current, and complete information when creating an account and keep it up to date.

4.3 Credentials and access. You are responsible for maintaining the confidentiality of all credentials used to access the Service, including passwords, two-factor authentication secrets, backup codes, and API tokens. Occupancy treats any action taken under your account as authorized by you.

4.4 Two-factor authentication. The Service supports two-factor authentication. Where you enable it, you are responsible for retaining your backup codes. Occupancy cannot recover a lost authenticator without them beyond the account-recovery process described in the Documentation.

4.5 Notification of compromise. You must notify Occupancy at support@occupancypms.com without undue delay after becoming aware of any unauthorized access to or use of your account.

4.6 Authorized Users. You are responsible for the acts and omissions of your Authorized Users as if they were your own, and for ensuring each is bound by obligations no less protective than these Terms.

5. Subscriptions, Trials, Fees, and Payment

5.1 Trial Period. Every new account receives a 14-day trial, granted automatically at sign-up. No payment card is required to start the trial. At the end of the Trial Period, access to paid features is suspended unless a paid subscription is active.

5.2 Plans and fees. Fees, plan limits, and feature entitlements are those published at https://occupancypms.com/pricing or set out in your Order Form at the time of purchase. Attempting to use a feature outside your plan's entitlement will be refused by the Service.

5.3 Payment processing. Payments are processed by Stripe, Inc. Occupancy does not receive, process, or store your full payment-card details. Your use of Stripe is subject to Stripe's own terms and privacy policy. You authorize Occupancy, through Stripe, to charge your payment method for all fees due.

5.4 Automatic renewal. Subscriptions renew automatically at the end of each Subscription Term at the then-current rate, unless cancelled before the renewal date through your account's billing settings.

5.5 Taxes. Fees are exclusive of all taxes, levies, and duties. You are responsible for any such amounts, other than taxes on Occupancy's net income.

5.6 Failed and delinquent payments. If a charge fails, Occupancy may retry it and may suspend access to paid features until payment is received. Occupancy is not liable for any loss arising from suspension under this section.

5.7 Refunds. Except where required by law or expressly stated in these Terms, fees are non-refundable and there are no refunds or credits for partial periods, unused features, or periods during which you did not use the Service.

5.8 Price changes. Occupancy may change its fees. Changes take effect at your next renewal and will be notified to you at least 30 days in advance.

6. Acceptable Use

6.1 You must not:

(a) resell, sublicense, rent, lease, or provide the Service on a service-bureau basis to any third party;

(b) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, or structure of the Service, except to the extent this restriction is prohibited by applicable law;

(c) copy, modify, or create derivative works of the Service or the Documentation;

(d) access the Service in order to build a competing or substantially similar product, or for competitive benchmarking without Occupancy's prior written consent;

(e) upload or transmit malware, or any code intended to disrupt, disable, or impair the Service;

(f) circumvent or attempt to circumvent any authentication, authorization, rate limiting, plan enforcement, or other technical restriction of the Service;

(g) probe, scan, or test the vulnerability of the Service, or breach any security or authentication measure, except under a written authorization from Occupancy;

(h) use the Service to send unsolicited commercial communications, or in violation of any anti-spam law;

(i) share account credentials with anyone who is not an Authorized User, or permit concurrent use of a single named login by multiple individuals; or

(j) use the Service in violation of any applicable law, including data protection, consumer protection, export control, and sanctions laws.

6.2 Automated access. Access via the API is permitted within the rate limits published in the Documentation. Occupancy may throttle, suspend, or block traffic that exceeds those limits or that materially degrades the Service for others.

6.3 Enforcement. Occupancy may investigate suspected violations of this section and may suspend access under §10.2 where continued use presents a risk to the Service or to other customers.

7. Customer Data and Guest Data

7.1 Ownership. As between you and Occupancy, you retain all right, title, and interest in and to Customer Data. Occupancy claims no ownership of it.

7.2 Licence to Occupancy. You grant Occupancy a worldwide, non-exclusive, royalty-free licence to host, copy, transmit, display, and process Customer Data solely as necessary to provide, secure, and support the Service, and as otherwise permitted by the Privacy Policy.

7.3 Your responsibilities as controller. For Guest Data you are the data controller and Occupancy is a processor acting on your documented instructions. You are responsible for:

(a) having a valid legal basis for collecting and processing Guest Data;

(b) providing your guests with the privacy notices required by law;

(c) responding to guest requests to exercise their data-protection rights, with Occupancy's reasonable assistance;

(d) the accuracy and lawfulness of the Guest Data you enter or import; and

(e) determining what data is necessary — in particular, whether to record identity-document numbers, dates of birth, nationality, or dietary requirements, some of which may constitute special categories of personal data.

7.4 Special-category data. The Service provides fields that can hold sensitive information, including dietary requirements and identity-document details. You must not enter such data unless you have a lawful basis and, where required, explicit consent. Occupancy does not require you to use these fields.

7.5 Aggregated and anonymized data. Occupancy may compile aggregated, de-identified statistics about use of the Service and may use them to operate, improve, and market the Service, provided such data cannot reasonably be used to identify you, your Authorized Users, or any guest.

7.6 Backups. Occupancy maintains routine backups of the production database. Backups are a disaster-recovery measure for the Service as a whole and are not a substitute for your own records. You are responsible for exporting and retaining copies of Customer Data you need for your own compliance or business purposes.

7.7 Data processing terms. Where you are subject to the GDPR, UK GDPR, or an equivalent regime, the data processing terms in the Privacy Policy apply to Occupancy's processing of Guest Data on your behalf, and are incorporated into these Terms by reference.

8. Third-Party Services and Integrations

8.1 Integrations you enable. The Service can connect to Third-Party Services, including channel managers and OTAs. Enabling an integration authorizes Occupancy to exchange the relevant Customer Data with that service on your behalf.

8.2 No responsibility for third parties. Third-Party Services are governed by their own terms and privacy policies. Occupancy does not control them, makes no warranty about them, and is not liable for their availability, accuracy, acts, or omissions, including for any loss, duplication, or mis-synchronization of data caused by them.

8.3 Suspension of an integration. Occupancy may suspend or discontinue an integration where the Third-Party Service changes its API or terms, terminates its relationship with Occupancy, or presents a security or legal risk.

8.4 Your credentials. Where an integration requires credentials for a Third-Party Service, you represent that you are authorized to supply them and to permit Occupancy to use them for the purpose of the integration.

9. Availability, Support, and Changes

9.1 Service level. Occupancy targets the monthly availability commitment set out in Schedule I. The service credits described there are your sole and exclusive remedy for any failure to meet that commitment.

9.2 Maintenance. Occupancy may perform scheduled maintenance during the window described in Schedule I, and emergency maintenance at any time where necessary to preserve the security or integrity of the Service.

9.3 Support. Occupancy provides support by email at support@occupancypms.com during Monday to Friday, 09:00–17:00 CET, together with the Documentation and in-product help. Support does not include configuration of your Third-Party Services or recovery of data you deleted.

9.4 Changes to the Service. Occupancy may modify the Service at any time. Where a change materially reduces core functionality you rely on, Occupancy will give at least 30 days' notice by email or in-product notice.

9.5 Discontinuation. Occupancy may discontinue the Service or a material part of it on at least 90 days' notice, in which case Occupancy will refund any prepaid fees covering the period after discontinuation.

10. Suspension and Termination

10.1 Termination by you. You may cancel your subscription at any time through your account's billing settings. Cancellation takes effect at the end of the current Subscription Term; fees already paid are not refunded except as stated in §9.5.

10.2 Suspension by Occupancy. Occupancy may suspend your access, in whole or in part, with notice where practicable, if: (a) fees are overdue; (b) your use presents a security risk to the Service or to others; (c) your use may subject Occupancy or any third party to liability; or (d) you are in material breach of §6.

10.3 Termination for cause. Either party may terminate these Terms if the other commits a material breach that remains uncured 30 days after written notice describing it.

10.4 Termination for insolvency. Either party may terminate immediately if the other becomes insolvent, enters administration or liquidation, or makes a general assignment for the benefit of creditors.

10.5 Effect of termination. On termination your right to access the Service ends. Sections 2, 3.3, 5 (for accrued fees), 7.1, 7.5, 11, 12, 13, and 14 survive.

10.6 Data export and deletion. You may export Customer Data at any time while your account is active. Following termination, Occupancy will retain Customer Data for 30 days to allow export, after which it may be deleted, subject to the retention rules in the Privacy Policy and any legal obligation to retain it. Backups are purged on their ordinary rotation.

11. Warranties and Disclaimers

11.1 Limited warranty. Occupancy warrants that the Service will perform materially in accordance with the Documentation. Your sole and exclusive remedy for breach of this warranty is that Occupancy will use commercially reasonable efforts to correct the non-conformity and, if it cannot do so within a reasonable time, you may terminate and receive a pro-rata refund of prepaid fees for the unused portion of the Subscription Term.

11.2 Malicious code. Occupancy warrants that it will not knowingly introduce malicious code into the Service. This warranty does not cover content uploaded by you or your Authorized Users.

11.3 Mutual authority. Each party warrants that it has the legal power and authority to enter into these Terms.

11.4 Disclaimer. EXCEPT AS EXPRESSLY STATED IN THIS SECTION 11, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY LAW, OCCUPANCY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. OCCUPANCY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT ALL DEFECTS WILL BE CORRECTED, OR THAT DATA SYNCHRONIZED WITH A THIRD-PARTY SERVICE WILL BE COMPLETE OR TIMELY.

11.5 Consumer rights. Nothing in these Terms excludes or limits any warranty or right that cannot lawfully be excluded or limited under applicable law.

12. Limitation of Liability

12.1 Exclusion of indirect damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BOOKINGS, GOODWILL, OR DATA, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12.2 Liability cap. EACH PARTY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE BY YOU TO OCCUPANCY IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

12.3 Trial and free access. For accounts using the Service during the Trial Period or otherwise without charge, Occupancy's total aggregate liability will not exceed USD 100.

12.4 Exclusions from the cap. The limitations in §§12.1–12.3 do not apply to: (a) your obligation to pay fees due; (b) either party's indemnification obligations under §13; (c) breach of confidentiality obligations; (d) a party's gross negligence, fraud, or willful misconduct; or (e) any liability that cannot be limited by law, including death or personal injury caused by negligence.

12.5 Allocation of risk. The parties agree that the limitations in this section reflect an agreed allocation of risk and form an essential basis of the bargain, and apply notwithstanding the failure of the essential purpose of any limited remedy.

13. Indemnification

13.1 By Occupancy. Occupancy will defend you against any third-party claim alleging that the Service, as provided by Occupancy and used in accordance with these Terms, infringes that third party's intellectual property rights, and will pay damages finally awarded or agreed in settlement. This obligation does not apply to claims arising from (a) Customer Data, (b) use of the Service in combination with anything not supplied by Occupancy, (c) modifications not made by Occupancy, or (d) continued use after Occupancy notified you to stop.

13.2 Remedies. If the Service becomes, or Occupancy believes it may become, the subject of an infringement claim, Occupancy may at its option procure the right for you to continue using it, modify it to be non-infringing, or terminate the affected subscription and refund prepaid fees for the unused portion.

13.3 By you. You will defend Occupancy against any third-party claim arising from (a) Customer Data, including any claim that it infringes a third party's rights or violates data-protection law, (b) your breach of §6, or (c) your use of the Service in violation of applicable law, and will pay damages finally awarded or agreed in settlement.

13.4 Procedure. The indemnified party must promptly notify the indemnifying party of the claim, give it sole control of the defence and settlement (provided no settlement imposing liability on the indemnified party is made without consent), and provide reasonable cooperation at the indemnifying party's expense.

14. General

14.1 Changes to these Terms. Occupancy may amend these Terms. For material changes, Occupancy will give at least 30 days' notice by email or in-product notice and will update the "Last Updated" date above. Continued use after the effective date constitutes acceptance. Where required by law, Occupancy will seek renewed acceptance through the same mechanism described in §1.2.

14.2 Governing law. These Terms are governed by the laws of the Republic of Albania, without regard to its conflict-of-laws rules.

14.3 Venue. The courts of Tirana, Albania have exclusive jurisdiction over any dispute arising out of or related to these Terms, subject to §14.4 and to any non-waivable right you have to bring proceedings in your place of residence.

14.4 Good-faith resolution. Before commencing proceedings, the parties will attempt in good faith to resolve the dispute through discussion between representatives with authority to settle, for a period of 30 days from written notice of the dispute.

14.5 Independent contractors. The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.

14.6 Assignment. You may not assign these Terms without Occupancy's prior written consent, except to a successor in connection with a merger or sale of substantially all assets, provided the successor is not a competitor of Occupancy. Occupancy may assign these Terms to an Affiliate or successor.

14.7 Entire agreement. These Terms, together with the Privacy Policy and any Order Form, constitute the entire agreement between the parties and supersede all prior proposals and understandings on the subject.

14.8 Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions remain in full force.

14.9 Waiver. A failure to enforce any provision is not a waiver of the right to enforce it later. No waiver of a breach is a waiver of any subsequent breach.

14.10 Force majeure. Neither party is liable for a delay or failure caused by an event beyond its reasonable control, including natural disaster, war, terrorism, labour dispute, governmental action, or failure of a telecommunications or hosting provider — excluding, in each case, the obligation to pay fees.

14.11 Notices. Notices to Occupancy must be sent to support@occupancypms.com and to Tirana, Albania. Notices to you will be sent to the email address on your account or delivered in-product.

14.12 Publicity. Neither party may use the other's name or logo publicly without prior written consent, except that Occupancy may identify you as a customer in a customer list where you have not objected in writing.

15. Contact

Occupancy PMS Tirana, Albania Website: https://occupancypms.com General enquiries: support@occupancypms.com Legal notices: support@occupancypms.com Security reports: support@occupancypms.com

Schedule I — Service Level Commitment

1. Availability commitment. Occupancy will use commercially reasonable efforts to make the Service available at least 99.5% of the time in each calendar month, measured as total minutes in the month less Excluded Minutes, divided by total minutes in the month.

2. Excluded Minutes. The following do not count as unavailability:

• scheduled maintenance announced at least 48 hours in advance, within the window of Sundays 02:00–05:00 UTC;
• emergency maintenance necessary for security or data integrity;
• unavailability caused by a Third-Party Service, including channel managers, OTAs, and payment processors;
• unavailability caused by your systems, network, configuration, or use in breach of these Terms;
• force majeure events under §14.10; and
• accounts in the Trial Period or using beta or sandbox features.

3. Service credits. If availability in a calendar month falls below the commitment, you may request a credit against the following month's fees:

4. Claiming a credit. Requests must be sent to support@occupancypms.com within 30 days of the end of the affected month and must include the dates and times of the unavailability you observed. Credits are applied to future fees, are not refundable in cash, and are the sole and exclusive remedy for any failure to meet the availability commitment.