1. The agreement
These Terms of Service govern use of the DAS (Dofa Audit System) website and reporting service provided by [COMPANY_LEGAL_NAME] (“we”, “us”). By using the service you agree to them. If you are agreeing on behalf of a company, you confirm you are authorized to bind that company. [IF YOU USE A SEPARATE SIGNED CUSTOMER AGREEMENT OR ORDER FORM, SAY HERE WHICH DOCUMENT PREVAILS.]
2. Description of the service
DAS reads supported reports generated by a hotel’s property management system after its nightly audit, extracts performance and financial figures from them, and presents those figures in a dashboard, including comparison across multiple properties for customers who have more than one.
DAS is a reporting layer. It is not a property management system, not an accounting system and not a system of record. Figures shown in the dashboard are derived from the reports supplied to us and should be verified against your source systems before being relied on for accounting, tax, audit or other formal purposes.
3. Accounts and responsibilities
- Accounts are issued to named individuals and must not be shared.
- You are responsible for keeping credentials confidential and for activity under your account.
- You must tell us promptly if you believe an account has been compromised, or when a user should no longer have access — for example when someone leaves the company.
- You are responsible for telling us which properties each user may see.
4. Authorized data
You may only send us reports and data that you are entitled to send, and you confirm you have the rights and permissions needed for us to process them to provide the service. Do not send us data you do not need us to process — in particular payment card data, government identifiers, or health information, none of which the service is designed to handle.
5. Acceptable use
You agree not to: attempt to access properties or accounts you are not authorized to see; probe, scan or test the security of the service except with our written permission; interfere with or disrupt the service; scrape, resell or redistribute another organization’s data; or use the service to break the law.
6. Customer content
Hotel reports and the data derived from them remain yours. You grant us the limited rights needed to host, process and display that data in order to provide the service to you. We do not use your data to provide services to other customers.
7. Intellectual property
The DAS software, interface, name and branding remain ours. Nothing in these terms transfers ownership of the service to you. You receive a non-exclusive, non-transferable right to use the service during your subscription.
8. Third-party systems and report dependencies
The service depends on reports produced by systems we do not control, and on the delivery mechanism that carries them to us. What DAS can display depends on your PMS, the format of its reports, your hotel’s configuration and which reports are available. If a source system changes a report’s format or content, or a report is not delivered, the affected figures may be incomplete, delayed or unavailable until the change is accommodated. We do not warrant the accuracy of data produced by third-party systems.
9. Availability and support
We aim to keep the service available and up to date, and the dashboard is built around a daily reporting cycle. We do not offer a guaranteed uptime commitment. [IF YOU INTEND TO OFFER AN SLA, SUPPORT HOURS OR RESPONSE TIMES, DEFINE THEM HERE OR IN A SEPARATE SLA DOCUMENT.]
10. Fees
[DESCRIBE PRICING, BILLING PERIOD, PAYMENT TERMS, TAXES, LATE PAYMENT AND RENEWAL. IF PRICING IS SET IN A SEPARATE ORDER FORM, SAY THAT INSTEAD.]
11. Term and termination
Either party may terminate as set out in the applicable order or subscription terms. We may suspend or terminate access if these terms are breached, if use of the service creates a security risk, or if fees are unpaid. On termination, access to the dashboard ends. [STATE WHAT HAPPENS TO CUSTOMER DATA AFTER TERMINATION: EXPORT WINDOW, DELETION TIMELINE.]
12. Warranty disclaimer
[PLACEHOLDER — TO BE DRAFTED BY COUNSEL.] The intent is that the service is provided “as is” without warranties of any kind to the extent permitted by law, and that we do not warrant that the service will be uninterrupted or error-free or that figures derived from third-party reports will be accurate or complete.
13. Limitation of liability
[PLACEHOLDER — TO BE DRAFTED BY COUNSEL.] The intent is to exclude indirect and consequential losses, including lost profits and lost revenue, and to cap aggregate liability at an amount tied to fees paid over a defined preceding period. The cap amount and period must be set by counsel.
14. Indemnification
[PLACEHOLDER — TO BE DRAFTED BY COUNSEL. Typically covers claims arising from data you send us that you were not entitled to send, and from use of the service in breach of these terms.]
15. Governing law
These terms are governed by the laws of [GOVERNING_STATE / COUNTRY], without regard to its conflict-of-laws rules, and the courts of [VENUE] have exclusive jurisdiction. [CONFIRM WITH COUNSEL. DECIDE WHETHER TO ADD ARBITRATION OR A CLASS-ACTION WAIVER.]
16. Changes to these terms
We may update these terms as the service changes. The “last updated” date reflects the current version, and we will give customers notice of material changes.
17. Contact
- [COMPANY_LEGAL_NAME]
- [COMPANY_ADDRESS]
- Email: [CONTACT_EMAIL]
- Phone: [CONTACT_PHONE]