Terms and Conditions

1.1 Agreement to Terms

By registering for an account, accessing the Hbooka platform, or using any feature of the service, you enter into a binding legal agreement with Hbooka Technologies Limited. These Terms apply to all users of the platform, including account holders, administrators, staff members, and any individual who accesses the platform in any capacity.

1.2 Changes to Terms

Hbooka reserves the right to modify these Terms at any time. When we make material changes, we will:

• Update the "Last Updated" date at the top of this page
• Send a notification to your account email at least fourteen (14) days before changes take effect
• Display a prominent notice within the platform

Your continued use of the service after the effective date of any changes constitutes your acceptance of the revised Terms.

1.3 Supplemental Policies

These Terms incorporate by reference our Privacy Policy, Cookie Policy, and any other policies published on our website. In the event of a conflict, these Terms shall prevail unless a supplemental policy expressly states otherwise.

2.1 What Hbooka Provides

Hbooka is a cloud-based hotel and property management platform providing tools including:

• Reservation and booking management
• Room and property configuration
• Guest profile and history management
• Payment recording and reconciliation
• Team and role-based access management
• Rate calendar and yield management tools
• Booking widget for embedding on third-party websites
• Channel manager integration with online travel agencies (OTAs)
• Reporting and analytics dashboards
• Audit logging and activity tracking
• Automated notifications and communications

2.2 Multi-Tenant Architecture

Hbooka operates as a multi-tenant platform. Each subscribing organisation operates within a logically isolated workspace. Your data is stored separately from other tenants and is not accessible to other organisations on the platform.

2.3 Third-Party Integrations

The Service may integrate with third-party platforms including payment processors, online travel agencies, mobile money providers, and email delivery services. Your use of such integrations is subject to the terms of those third parties. Hbooka is not responsible for the operation or conduct of third-party services.

2.4 Service Availability

We aim to maintain platform availability of 99% or greater measured monthly, excluding scheduled maintenance and events beyond our reasonable control. Hbooka does not guarantee uninterrupted access and shall not be liable for losses arising from unavailability, except where caused by our gross negligence or wilful misconduct.

2.5 Service Modifications

Hbooka reserves the right to modify, update, add, or remove features at any time. We will endeavour to provide reasonable notice of significant changes. Continued use following any modification constitutes acceptance.

3.1 Eligibility

• Be at least eighteen (18) years of age, or the age of majority in your jurisdiction if higher
• Have the legal capacity to enter into a binding contract
• Not be prohibited from using the Service under applicable law
• Provide accurate, current, and complete registration information

3.2 Account Creation

You must provide truthful and accurate information about yourself and your business. You agree to keep account information current. Hbooka may verify account information at any time and may suspend or terminate accounts where information is false, misleading, or incomplete.

3.3 Account Security

You are solely responsible for:

• Maintaining the confidentiality of your login credentials and any API keys
• All activity that occurs under your account, whether or not authorised by you
• Ensuring that all users added to your account comply with these Terms
• Notifying Hbooka immediately at security@hbooka.com if you suspect unauthorised access

3.4 Account Responsibility for Sub-Users

As an account holder, you are responsible for all actions taken by any user you add to your workspace. You must ensure sub-users are aware of and comply with these Terms, and promptly revoke access when no longer required.

3.5 One Account Per Property Group

Each Hbooka account is intended for use by a single business entity or property group. You may not share, sell, resell, or transfer your account to any third party without prior written consent from Hbooka.

4.1 Permitted Use

You may use the Service solely for your own internal business operations in connection with legitimate hospitality and property management activities, in compliance with all applicable laws and these Terms.

4.2 Prohibited Conduct

You agree that you will not, and will not permit any user of your account to:

5.1 Subscription Plans

Hbooka offers the Service on a subscription basis. Available plans, features, and pricing are described at hbooka.com/pricing. Prices are stated in KES or USD and are exclusive of applicable taxes unless otherwise stated.

5.2 Billing Cycle

Subscriptions are billed in advance on a monthly or annual basis depending on the billing cycle selected at registration. Your billing cycle begins on the date you activate your paid subscription.

5.3 Payment Methods

Hbooka accepts payment via M-Pesa, Visa, Mastercard, and bank transfer for annual plans. Payment details are processed by authorised payment processors. Hbooka does not store your full card details on our servers.

5.4 Automatic Renewal

Your subscription will automatically renew at the end of each billing period at the then-current rate, unless you cancel before the renewal date. By subscribing, you authorise Hbooka to charge your payment method on a recurring basis until cancellation.

5.5 Price Changes

Hbooka may change subscription prices at any time with at least thirty (30) days' notice by email and/or platform notification. If you do not agree to the price change, you may cancel before renewal.

5.6 Failed Payments

If a payment fails, Hbooka will notify you and may retry the charge. If payment remains outstanding after fourteen (14) days, Hbooka reserves the right to suspend access until payment is received. Data will not be deleted during suspension provided the account is brought into good standing within sixty (60) days.

5.7 Taxes

You are responsible for all taxes, levies, or duties imposed by your jurisdiction. Hbooka will add VAT or other applicable taxes to invoices where required by law.

5.8 Cancellation

You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of your current billing period. You will retain access until the end of the period for which you have already paid.

5.9 Plan Changes

Upgrades take effect immediately and you will be charged a prorated amount for the remainder of your current billing period. Downgrades take effect at the start of your next billing period.

6.1 30-Day Money-Back Guarantee

New subscribers may request a full refund within thirty (30) days of their first payment. Contact billing@hbooka.com with your account details and reason for the request. Refunds are processed within fourteen (14) business days using the original payment method.

6.2 Conditions

The guarantee applies to first-time subscribers only, on the first payment of a new plan (monthly or annual). It does not apply to accounts that have previously claimed a refund, to renewals, or to plan upgrades purchased after the initial subscription.

6.3 No Refunds for Partial Periods

Except as provided in Section 6.1, Hbooka does not provide refunds or credits for partial subscription periods, unused features, or periods during which your account was suspended due to a violation of these Terms.

6.4 Annual Plans — Exceptional Circumstances

For annual subscribers wishing to cancel after the 30-day period, refunds will not ordinarily be issued. Hbooka may at its sole discretion consider a prorated refund in exceptional circumstances. Such requests should be directed to billing@hbooka.com.

7.1 Free Trial

Hbooka currently offers a fourteen (14) day free trial on the Growth plan. The duration and terms are as stated on the registration page at the time you sign up.

7.2 Trial Eligibility

The free trial is available to new accounts only — one trial per person, per organisation, and per business entity. Hbooka reserves the right to decline or terminate a trial where it suspects abuse of the trial policy.

7.3 No Credit Card Required

Where advertised, no credit card is required to begin a free trial. You will only be charged if you actively choose to subscribe to a paid plan before or at the end of the trial period.

7.4 Trial Expiry

At the end of the trial, your account will be downgraded or access restricted unless you have activated a paid plan. Data entered during the trial is retained for thirty (30) days following expiry, after which it may be permanently deleted. Hbooka will notify you before data deletion occurs.

8.1 Your Data Belongs to You

All data you enter into Hbooka — including guest information, reservation records, payment records, and property details ("Customer Data") — belongs to you. Hbooka does not claim any ownership rights over Customer Data.

8.2 Licence to Process Your Data

By using the Service, you grant Hbooka a limited, non-exclusive, worldwide licence to store, process, and use your Customer Data solely for the purposes of providing and improving the Service, in accordance with our Privacy Policy. This licence terminates when you delete your data or close your account.

8.3 Data Portability

You may export your Customer Data at any time using the export tools provided within the Service. Exported data will be in a commonly used, machine-readable format.

8.4 Data on Account Termination

Following termination of your account, Customer Data is retained for sixty (60) days, during which you may request an export. After sixty (60) days, your Customer Data will be permanently deleted, subject to any retention obligations required by applicable law.

8.5 Aggregated Data

Hbooka may collect and use anonymised, aggregated data derived from your use of the Service (e.g., aggregate occupancy rates, feature usage statistics) for improving the Service and conducting research. This data will not identify you or your business individually.

8.6 Data Protection Obligations

You are responsible for ensuring your collection, use, and storage of personal data complies with all applicable data protection laws, including the Kenya Data Protection Act 2019. You are the data controller in respect of your guests' personal data; Hbooka acts as a data processor on your behalf.

9.1 Hbooka's Intellectual Property

The Hbooka platform, including its software, code, architecture, user interface, design, logos, trademarks, trade names, and documentation, is owned by Hbooka Technologies Limited or its licensors and is protected by copyright, trademark, patent, and other intellectual property laws of Kenya and applicable international treaties.

9.2 Licence to Use the Service

Subject to these Terms and payment of applicable fees, Hbooka grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service for your internal business purposes during your subscription period. This licence does not include the right to copy, modify, sublicense, sell, or reverse engineer any part of the Service.

9.3 Feedback

If you provide Hbooka with suggestions, ideas, or other feedback, you grant Hbooka a perpetual, irrevocable, royalty-free, worldwide licence to use and commercialise such feedback without any obligation to you.

9.4 Your Brand and Marks

Nothing in these Terms grants Hbooka the right to use your business name, logo, or trademarks without your prior written consent, except that Hbooka may refer to you as a customer for general marketing purposes unless you notify us in writing that you object.

10.1 Disclaimer of Warranties

10.2 Limitation on Indirect Damages

10.3 Cap on Liability

10.5 Exceptions

Nothing in these Terms shall limit or exclude Hbooka's liability for: death or personal injury caused by Hbooka's negligence; fraud or fraudulent misrepresentation; or any liability that cannot be excluded or limited under applicable law.

10.6 Indemnification

You agree to indemnify, defend, and hold harmless Hbooka Technologies Limited, its directors, officers, employees, contractors, and agents from and against any claims, liabilities, damages, losses, costs, and expenses arising out of or in connection with: your use of the Service in violation of these Terms; your Customer Data; your violation of any applicable law; or any claim by a guest, employee, or third party arising from your use of the Service.

11.1 Termination by You

You may terminate your account at any time by cancelling through your account settings or by contacting support@hbooka.com. Termination takes effect at the end of your current billing period.

11.2 Termination by Hbooka — For Cause

Hbooka may suspend or terminate your account immediately and without notice if you materially breach these Terms; engage in conduct posing an immediate risk to the Service or other users; use the Service for any illegal purpose; fail to pay any amount due after fourteen (14) days' notice; or if required to do so by applicable law.

11.3 Termination by Hbooka — Convenience

Hbooka reserves the right to terminate your account or discontinue the Service for any reason by giving at least thirty (30) days' written notice. In this event, Hbooka will provide a prorated refund of any prepaid subscription fees covering the period after the termination date.

11.4 Effect of Termination

Upon termination: your right to access the Service ceases immediately; all licences are revoked; Customer Data is retained for sixty (60) days (during which you may request an export), then permanently deleted; and any outstanding payment obligations survive termination.

12.1 Governing Law

These Terms and any dispute arising out of or in connection with them shall be governed by and construed in accordance with the laws of the Republic of Kenya, without regard to its conflict of law provisions.

12.2 Jurisdiction

Any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the courts of competent jurisdiction located in Nairobi, Kenya. You consent to the personal jurisdiction of such courts and waive any objection to the laying of venue.

12.3 Informal Resolution

Before initiating any formal legal proceedings, both parties agree to attempt to resolve any dispute informally through good-faith negotiation for thirty (30) days from the date of written notice of the dispute.

12.4 Class Action Waiver

To the extent permitted by applicable law, any dispute resolution proceeding will be conducted only on an individual basis. You waive any right to participate in a class action lawsuit or class-wide arbitration.

12.5 Limitation Period

Any claim arising out of or related to these Terms must be brought within two (2) years after the cause of action arose, or it will be permanently barred.

13.1 Entire Agreement

These Terms, together with the Privacy Policy, Cookie Policy, and any other policies incorporated by reference, constitute the entire agreement between you and Hbooka with respect to the Service and supersede all prior agreements, whether written or oral.

13.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, it will be modified to the minimum extent necessary, or severed if modification is not possible. The remaining provisions will remain in full force and effect.

13.3 Waiver

Hbooka's failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. A waiver of any breach shall not constitute a waiver of any subsequent breach.

13.4 Assignment

You may not assign, transfer, or sublicense any of your rights or obligations under these Terms without Hbooka's prior written consent. Hbooka may freely assign its rights and obligations, including in connection with a merger, acquisition, or sale of assets, and will notify you of any such assignment.

13.5 Force Majeure

Hbooka shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including acts of God, war, terrorism, civil disturbance, pandemic, government action, telecommunications failure, power failure, or natural disaster.

13.6 No Agency

Nothing in these Terms creates any agency, partnership, joint venture, employment, or franchise relationship between you and Hbooka. Neither party has authority to bind the other in any way.

13.7 Notices

Hbooka will send all notices to you at the email address associated with your account. Notices sent by email are deemed received on the date sent, unless the sender receives an automated delivery failure notification.

13.8 Language

These Terms are written in English. In the event of any inconsistency between an English version and a translation, the English version shall prevail.