Terms of Service

1. Definitions

The following terms have the meanings set out below throughout this document.

"I Left You A Note", "we", "us", "our": I Left You A Note Ltd, a company incorporated in Ireland, with registered address at 10 Àrd Coillte, Ballina, Co. Tipperary, V94 EAX2.

"Service": The I Left You A Note guest engagement platform, including the web-based hotel dashboard, guest portal, AI-powered digital concierge, WhatsApp messaging, in-stay feedback and ticketing tools, room service and upsell modules, analytics, and any associated mobile applications (the "Staff App").

"Staff App": The native mobile application for hotel staff, currently available for Android (distributed via APK or Google Play Store) and forthcoming for iOS (Apple App Store). The Staff App is intended for use by authorised hotel staff only, not by guests.

"Guest Portal": The web-based interface accessed by hotel guests via QR code, NFC touchpoint, WhatsApp link, or direct URL. No app download is required by guests.

"Subscriber" or "Hotel": The hotel, hotel group, or hospitality business that has subscribed to the Service.

"Authorised Users": Hotel staff members permitted by the Subscriber to access and use the Service, including the Staff App, under the Subscriber's account.

"Third-Party Integrations": Connections between the Service and third-party systems including Property Management Systems (PMS), WhatsApp Business API, messaging platforms, and other hotel technology providers.

"Content": Any data, text, messages, feedback, images, or other material submitted to or generated through the Service by the Subscriber, Authorised Users, or hotel guests.

2. Acceptance of Terms

By creating an account, accessing the Service, installing the Staff App, or permitting Authorised Users to access the Service, the Subscriber agrees to be bound by these Terms of Service and our Privacy Policy and Cookie Policy.

The Subscriber is responsible for ensuring that all Authorised Users are aware of and comply with these Terms. Use of the Service by any Authorised User constitutes acceptance of these Terms on behalf of the Subscriber.

If you do not agree to these Terms, you must not access or use the Service.

We reserve the right to amend these Terms at our sole discretion. Where changes are material, we will notify the Subscriber via the registered email address or through the platform. Continued use of the Service after notification constitutes acceptance of the updated Terms.

3. The Service

I Left You A Note provides a SaaS-based guest engagement platform for hotels, comprising:

• A web-based hotel dashboard for managing guest interactions, ticketing, analytics, and communications
• A Guest Portal accessed by hotel guests via QR code, NFC, WhatsApp, or URL — no app download is required by guests
• A Staff App (Android, with iOS forthcoming) for Authorised Users to manage service tickets, respond to guest concierge queries, view and action room service orders, and receive live in-stay feedback notifications
• AI-powered digital concierge functionality
• WhatsApp messaging integration for pre-arrival and in-stay guest communications
• In-stay feedback, survey, and review management tools
• Upsell and room service ordering modules
• PMS and third-party system integrations where enabled

The specific features available to the Subscriber will depend on the subscription tier and any agreed configuration. We reserve the right to modify, add, or remove features from the Service with reasonable notice to Subscribers.

4. Subscriptions and Trial Access

4.1 Subscriptions

Access to the Service is provided on a subscription basis. Subscription pricing, billing frequency, and contract duration are set out in the applicable order form or commercial agreement entered into between I Left You A Note and the Subscriber.

Subscriptions renew automatically unless either party provides written notice of cancellation in accordance with the terms of the relevant commercial agreement. Setup, onboarding, and hardware fees (where applicable) are separate from the subscription fee and are non-refundable once services have been delivered.

4.2 Trial Access

We may, at our discretion, offer trial access to the Service for a defined or undefined period. Trial access:

• Is provided at no cost unless otherwise agreed in writing
• Does not obligate the Subscriber to enter into a paid subscription
• Does not obligate I Left You A Note to offer continued access or a paid subscription
• Is subject to these Terms of Service in full

We reserve the right to terminate or modify trial access at any time without notice.

5. Authorised Use and Subscriber Obligations

5.1 Permitted Use

The Service is licensed, not sold, to the Subscriber for use in operating their hotel or hospitality business in accordance with these Terms. The Subscriber may permit Authorised Users to access the Service solely for that purpose.

5.2 Subscriber Responsibilities

The Subscriber is responsible for:

• Maintaining the confidentiality of account credentials and ensuring only Authorised Users access the Service
• Ensuring Authorised Users are trained and appropriately supervised in their use of the Service
• Ensuring that guests are informed of the existence of the Guest Portal and its purpose in accordance with applicable data protection law
• Obtaining all necessary consents from guests before using the Service to communicate with them, including via WhatsApp
• Ensuring that any data uploaded to or processed through the Service is done so lawfully
• Promptly notifying us of any suspected unauthorised access or security incident relating to their account
• Ensuring hotel IT infrastructure and network environments are compatible with and do not interfere with the operation of the Service or Staff App

5.3 Prohibited Use

The Subscriber must not, and must ensure Authorised Users do not:

• Modify, copy, reverse engineer, decompile, or create derivative works of the Service or its underlying software
• Use the Service to transmit unlawful, harassing, fraudulent, defamatory, or abusive content
• Use the Service in violation of any applicable law or regulation, including data protection and consumer communications law
• Send unauthorised marketing, spam, or unsolicited messages to guests through the Service
• Harvest, collect, or process guest data in a manner inconsistent with applicable law or these Terms
• Resell, sublicense, or otherwise commercialise access to the Service without our prior written consent
• Attempt to gain unauthorised access to any part of the Service, its infrastructure, or other subscribers' data
• Use the Service in any way that could damage, overburden, or impair its operation or the experience of other users

6. Third-Party Integrations and Dependencies

6.1 PMS and Third-Party Systems

The Service supports integration with third-party Property Management Systems (PMS) and other hotel technology platforms. The Subscriber acknowledges and agrees that:

• Third-party integrations are dependent on the cooperation, availability, and technical capability of the relevant third-party provider
• We are not responsible for delays, failures, errors, or data quality issues caused by a third-party PMS or technology provider
• We do not guarantee that any specific PMS integration will be available, fully functional, or delivered within any particular timeframe where that timeframe is dependent on third-party action
• If a PMS provider restricts, modifies, or withdraws API access, we will use reasonable endeavours to find an alternative solution but cannot be held liable for resulting service limitations

Where integration delays or failures are attributable to a third-party provider rather than I Left You A Note, such delays shall not constitute a breach of these Terms or any service level commitment.

6.2 Hotel IT Infrastructure

The Subscriber is responsible for ensuring that their IT infrastructure, network environment, Wi-Fi provision, and device management policies are compatible with the Service and Staff App. I Left You A Note is not liable for any degradation, unavailability, or failure of the Service caused by:

• The Subscriber's internal IT configuration or restrictions
• Network or firewall settings that block or interfere with the Service
• Actions taken by the Subscriber's IT personnel that affect platform operation
• Device incompatibilities introduced by the Subscriber's own systems or policies

6.3 WhatsApp and Messaging Platforms

WhatsApp messaging functionality is provided through the WhatsApp Business API. The availability and permitted use of WhatsApp messaging is subject to Meta's policies, which may change without notice. We are not liable for any disruption to WhatsApp functionality caused by Meta or WhatsApp policy changes. The Subscriber is responsible for ensuring their use of WhatsApp messaging through the Service complies with WhatsApp's terms and applicable law.

7. Staff App and Notification Delivery

7.1 Staff App Distribution

The Staff App is currently available for Android devices and is distributed via direct APK installation or, when available, through the Google Play Store. An iOS version for Apple devices is under development and will be made available through the Apple App Store in due course.

The Subscriber is responsible for ensuring that Authorised Users install, maintain, and update the Staff App in accordance with any instructions provided by I Left You A Note. Use of an outdated version of the Staff App may result in degraded functionality for which we accept no liability.

7.2 Notification Delivery

The Service uses push notifications and in-app alerts to deliver real-time information to Authorised Users. The Subscriber acknowledges that:

• We do not guarantee the timely delivery or receipt of any notification due to factors outside our control, including device settings, network connectivity, operating system restrictions, or third-party notification infrastructure
• It is the Subscriber's responsibility to ensure that Authorised Users' devices are configured to receive notifications from the Staff App
• The Subscriber must implement appropriate operational procedures to ensure guest issues are monitored and must not rely solely on push notifications as the exclusive means of monitoring incoming guest requests
• I Left You A Note accepts no liability for any loss arising from a failure to receive or act upon a notification, regardless of the cause of that failure

8. Intellectual Property

8.1 Our IP

All intellectual property rights in the Service, the Staff App, the Guest Portal, and all underlying software, algorithms, designs, and materials are owned by or licensed to I Left You A Note. Nothing in these Terms transfers any ownership of our intellectual property to the Subscriber.

We grant the Subscriber a non-exclusive, non-transferable, revocable licence to access and use the Service during the subscription term solely for the purposes set out in these Terms. This licence terminates automatically upon expiry or termination of the Subscriber's subscription.

8.2 Subscriber and Guest Content

The Subscriber and hotel guests retain ownership of Content they submit through the Service. By using the Service, the Subscriber grants I Left You A Note a limited, non-exclusive licence to process and store Content solely to provide and improve the Service.

We will not use guest feedback, messages, or personal data for any purpose other than delivering the Service and, in anonymised and aggregated form, improving platform performance.

8.3 Registered Trademark and Patents

The name "I Left You A Note" is a registered trademark of I Left You A Note Ltd. A patent application relating to QR-enabled anonymous guest messaging and structured feedback mechanisms is pending. Unauthorised use of our trademarks or proprietary methods is prohibited.

9. Data Protection

Each party shall comply with its obligations under applicable data protection legislation, including the EU General Data Protection Regulation (GDPR) and any implementing legislation.

The Subscriber acts as the data controller in respect of guest personal data processed through the Service. I Left You A Note acts as a data processor on the Subscriber's behalf. The Subscriber is responsible for ensuring it has a lawful basis for processing guest data and for obtaining any required consents.

Our processing of personal data on behalf of the Subscriber is governed by our Privacy Policy. A Data Processing Agreement (DPA) is available on request and forms part of the commercial agreement between the parties where required by applicable law.

In the event of a personal data breach affecting the Subscriber's guest data, we will notify the Subscriber without undue delay upon becoming aware of the breach, to enable the Subscriber to meet its own regulatory notification obligations.

10. Disclaimers and Warranties

The Service is provided on an 'as is' and 'as available' basis. To the fullest extent permitted by applicable law, I Left You A Note makes no warranties, express or implied, in relation to the Service, including but not limited to:

• Warranties of merchantability, fitness for a particular purpose, or non-infringement
• Guarantees that the Service will be uninterrupted, error-free, or free from viruses or harmful components
• Guarantees as to the accuracy, completeness, or timeliness of any analytics, insights, or data generated by the Service
• Guarantees that use of the Service will result in any particular commercial outcome, including improvements to reputation scores, review volumes, or revenue

The commercial outcomes referenced in our marketing materials are based on results observed at specific client properties and are not guaranteed for any particular Subscriber.

11. Limitation of Liability

To the fullest extent permitted by applicable law, I Left You A Note shall not be liable for any indirect, consequential, incidental, special, or punitive loss or damage arising out of or in connection with the Service or these Terms, including but not limited to:

• Loss of revenue, profit, or anticipated savings
• Loss of business, contracts, or goodwill
• Loss of or damage to reputation
• Loss, corruption, or unavailability of data
• Any loss arising from the failure to deliver, delay in delivering, or non-receipt of any notification or alert through the Service or Staff App
• Any loss arising from a delay, failure, or misconfiguration by a third-party PMS provider, WhatsApp or messaging platform, or other third-party technology provider
• Any loss arising from the Subscriber's or an Authorised User's IT infrastructure, network configuration, or device management

Where liability cannot be excluded by law, our total aggregate liability to the Subscriber in respect of any claim arising under or in connection with these Terms shall not exceed the total subscription fees paid by the Subscriber in the twelve (12) months immediately preceding the event giving rise to the claim.

12. Mobile App Distribution — App Store Terms

12.1 Android (Google Play Store)

Where the Staff App is downloaded from the Google Play Store, use of the app is also subject to Google's Terms of Service and the Google Play Developer Distribution Agreement. In the event of any conflict between Google's terms and these Terms of Service, these Terms shall govern the relationship between the Subscriber and I Left You A Note.

Where the Staff App is distributed directly via APK (outside of the Google Play Store), these Terms of Service apply in full. The Subscriber is responsible for ensuring secure distribution and installation of the APK to Authorised Users' devices.

12.2 iOS (Apple App Store)

Where the Staff App is downloaded from the Apple App Store (when available), the Subscriber acknowledges and agrees that:

• These Terms of Service are between the Subscriber and I Left You A Note only, and not with Apple Inc. ("Apple"). Apple is not a party to these Terms and is not responsible for the Staff App or its content
• Apple has no obligation to provide maintenance, support, or warranty services in respect of the Staff App. Any support obligations rest solely with I Left You A Note
• In the event of any failure of the Staff App to conform to an applicable warranty, the Subscriber may notify Apple, and Apple may refund the purchase price (if any). To the maximum extent permitted by law, Apple has no other warranty obligation in respect of the Staff App
• Apple is not responsible for addressing any claims relating to the Staff App, including product liability claims, regulatory compliance claims, or consumer protection claims
• Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon acceptance, Apple has the right to enforce these Terms against the Subscriber as a third-party beneficiary

The Subscriber represents and warrants that they are not located in a country subject to a U.S. Government embargo or designated as a terrorist-supporting country, and are not listed on any U.S. Government list of prohibited or restricted parties.

13. Confidentiality

Each party agrees to keep confidential any non-public information received from the other party in connection with the Service, and not to disclose such information to third parties without prior written consent, except as required by law.

This obligation does not apply to information that is or becomes publicly available through no fault of the receiving party, or that the receiving party can demonstrate was independently developed or already known to it.

14. Termination and Suspension

Either party may terminate the subscription in accordance with the terms of the applicable commercial agreement or order form.

We may suspend or terminate the Subscriber's access to the Service immediately and without prior notice if:

• The Subscriber materially breaches these Terms and fails to remedy the breach within 14 days of written notice
• The Subscriber uses the Service in a manner that causes or risks harm to guests, third parties, or I Left You A Note
• The Subscriber fails to pay any subscription fee when due
• We are required to do so by applicable law or a regulatory authority

Upon termination, the licence granted under these Terms ceases immediately. The Subscriber must ensure Authorised Users cease using the Service and Staff App. We will retain Subscriber data for a period following termination in accordance with our Privacy Policy and any applicable Data Processing Agreement.

15. General

15.1 Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be severed from these Terms without affecting the validity and enforceability of the remaining provisions.

15.2 Entire Agreement

These Terms of Service, together with the Privacy Policy, Cookie Policy, and any applicable order form or commercial agreement, constitute the entire agreement between the parties in respect of the Service and supersede all prior representations, agreements, or understandings.

15.3 Waiver

Failure by either party to enforce any provision of these Terms shall not constitute a waiver of that party's rights to enforce such provision in the future.

15.4 Assignment

The Subscriber may not assign or transfer any rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations to a successor entity in the event of a merger, acquisition, or sale of substantially all of our assets.

15.5 Governing Law and Jurisdiction

These Terms of Service are governed by and construed in accordance with the laws of Ireland. Both parties irrevocably submit to the exclusive jurisdiction of the Irish courts in respect of any dispute arising out of or in connection with these Terms.

15.6 Contact

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