Terms and Conditions

This document consists of two parts. Part A applies between the Company and the business Customer (the hospitality entrepreneur) who takes out a subscription. Part B applies between the Company and the Guest who gives feedback through VYRA Views.

PART A: Terms for business customers (SaaS subscription)

Article 1: Definitions

• the Company: VYRA Software Solutions B.V., with its registered office in Ridderkerk, the Netherlands, Chamber of Commerce number 42185294. The Company is the contracting party and rights holder under these terms.
• VYRA / the Platform: the software-as-a-service offered by the Company, including the Signal and Views modules. Where these terms grant a right or impose an obligation on "the Company", this applies regardless of the product or brand under which the Company operates.
• Customer: the hospitality business or entrepreneur that takes out a subscription to the Platform.
• Subscription: the agreement for paid use of the Platform, in the chosen variant (Starter, Growth or Pro).
• Guest: a visitor or customer of the Customer who gives feedback through VYRA Views.
• Guest Data: data about guests collected through Views on behalf of the Customer.

Article 2: Applicability

2.1 These terms apply to every offer, subscription and delivery by the Company.

2.2 Deviations apply only if agreed in writing.

2.3 Purchasing or other terms of the Customer are expressly rejected.

Article 3: Conclusion and subscription variants

3.1 The subscription is concluded upon online acceptance of these terms and confirmation of the order.

3.2 The Company offers the Starter and Growth plans, and Pro as an extension with POS integration. The price of Pro is yet to be determined and is available on request.

3.3 Each plan has three payment variants: annually in advance, annually in monthly instalments, and monthly with monthly cancellation.

Article 4: Prices and payment

4.1 Current prices are listed at vyra.works/en/pricing. Amounts are exclusive of VAT unless stated otherwise.

4.2 In the "annually in instalments" variant, an annual commitment applies that is paid in monthly instalments. No administration fees are charged for instalment payment.

4.3 In the "monthly" variant, the subscription can be cancelled monthly in accordance with Article 11.

4.4 Payment is made through Stripe (iDEAL, card, Bancontact and SEPA direct debit). In the event of late payment the Customer is in default by operation of law and the Company may suspend access to the Platform.

Article 5: Right of use and restrictions

5.1 The Company grants the Customer a non-exclusive, non-transferable right to use the Platform for the duration of the Subscription.

5.2 The Customer may not copy, reverse-engineer, resell or make the Platform available to third parties, except where mandatory law provides otherwise.

5.3 The Customer is responsible for the correct and lawful use of the Platform by its employees.

Article 6: Availability and maintenance

6.1 The Company provides the Platform as a cloud service and obtains server capacity from third parties for that purpose. The Company has a best-efforts obligation with regard to availability and cannot guarantee uninterrupted or fault-free availability.

6.2 The Company strives for the highest possible availability but accepts no liability for temporary unavailability, delay or faults, whatever the cause.

6.3 The Company may take the Platform out of service for maintenance, updates or further development, and may change functionality, provided the core functionality of the chosen plan is retained.

Article 7: Nature of the service: advisory and suggestive

7.1 The Platform provides insights, signals and suggestions based on data. These are purely informative and suggestive in nature.

7.2 The Company gives no instructions, prescriptions or guarantees regarding the Customer's business operations. All signals, ideas or possible courses of action shown by the Platform are non-binding suggestions.

7.3 The Customer is and remains fully responsible for its own choices, actions and business results. The Company has no influence on, and no involvement in, whether and how the Customer acts on the insights shown.

7.4 The Company promises no result whatsoever, including but not limited to increased revenue, higher ratings or more guests.

Article 8: Data and intellectual property rights

8.1 All intellectual property rights in the Platform, including the VYRA Smart Hospitality Engine and the Signal and Views logic, belong to the Company.

8.2 Data entered by the Customer, or generated about its business through the Platform, remains the Customer's. The Company obtains the right to process this data in order to provide, maintain and improve the service.

Article 9: Use of anonymised data for marketing and product development

9.1 The Company may use data collected through the Platform in anonymised and/or aggregated form for:

(a) marketing purposes, including anonymised testimonials, benchmarks, cases and promotional material;

(b) the development, improvement and training of existing and future products and services of the Company;

(c) setting up and operating other products or services of the Company, including products that serve another segment or another side of the same market or sector.

9.2 The Company may also use the insights obtained from the data for these purposes in ways other than those for which they were originally generated within the Platform.

9.3 The Company ensures that data used for these purposes cannot be traced back to the Customer or to individual guests, unless the Customer gives explicit prior consent (for example, a named testimonial).

9.4 Insofar as personal data is nevertheless involved in this processing, it takes place in accordance with the Privacy Statement and applicable legislation.

Article 10: Liability

10.1 Given the purely advisory and suggestive nature of the Platform (Article 7), all liability of the Company is excluded to the extent permitted by law.

10.2 In particular, the Company is not liable for: decisions or actions of the Customer in response to the Platform; direct or indirect damage, consequential damage, lost revenue or lost savings; and damage caused by unavailability or inaccuracy of data.

10.3 The exclusions in this article do not apply insofar as damage results from intent or deliberate recklessness on the part of the Company itself.

10.4 Insofar as, despite the foregoing, any liability rests with the Company, it is limited to the amount the Customer paid to the Company in the twelve months preceding the event.

Article 11: Term and cancellation

11.1 Annual subscriptions have a term of twelve months and are tacitly renewed for twelve months at a time, unless cancelled before the end of the current contract period; the cancellation takes effect on the end date of that period.

11.2 Monthly subscriptions can be cancelled monthly, effective at the end of the current month.

11.3 Cancellation is done through the website: in the VYRA application under Account settings.

Article 12: Applicable law

12.1 These terms are governed by Dutch law.

12.2 Disputes are submitted to the competent court in Rotterdam, the Netherlands (Rechtbank Rotterdam).

PART B: Terms of use for guests (VYRA Views)

Article 13: Who counts as a user

13.1 This part applies to the Guest who gives feedback in VYRA Views at the invitation of a hospitality business.

13.2 The Guest is not a contracting party of the Company and pays nothing. Participation is entirely voluntary.

Article 14: Nature of Views

14.1 Views is a short, open form of feedback (usually 2 to 3 questions) in which the Guest shares an experience.

14.2 The Guest does not have to enter a name or any other details; feedback is given anonymously.

Article 15: No personal data required

15.1 Views does not ask for an e-mail address, telephone number or other personal or contact details.

15.2 The Guest is advised not to enter any details in their answers that can be traced back to them (such as their full name).

15.3 Insofar as a Guest nevertheless enters identifiable details of their own accord, the Company does not actively process them, and the Guest can request deletion via [email protected].

Article 16: Conduct and fair use

16.1 The Guest gives truthful feedback and does not post unlawful, offensive, discriminatory or inappropriate content.

16.2 The Company may remove or disregard submissions that violate this.

Article 17: Applicable law

17.1 These terms are governed by Dutch law.