These general terms of use and sale ("T&Cs") form a contract between Heroes PMS SAS ("Heroes PMS", "we") and any individual or entity subscribing to the service (the "Customer", "you"). They govern access to and use of the platform at www.heroespms.com and its related applications (the "Service"). By creating an account or using the Service, you acknowledge that you have read, understood and fully accepted these T&Cs.
1. Definitions
- Service: the SaaS hospitality-management software (PMS, channel manager, operations, messaging, booking site) published by Heroes PMS.
- Account: the Customer's private, secured workspace giving access to the Service.
- Subscription: the plan subscribed to by the Customer (monthly or yearly), as described on the Pricing page.
- User: any person authorised by the Customer to access the Service under its Account (staff, collaborators).
- Customer Data: all content and data entered or imported by the Customer into the Service (reservations, guest records, invoices, messages, etc.).
- Personal Data: any information relating to an identified or identifiable natural person, within the meaning of the GDPR.
2. Purpose
Heroes PMS provides SaaS (Software as a Service) software for the management of accommodation properties: planning and reservations, room and rate management, distribution connectivity (channel manager / OTA), daily operations (check-in/out, housekeeping, reports), guest messaging, invoicing and a direct-booking website. The Service is provided on a best-efforts basis ("as is").
3. Signup & account
The Customer creates an Account by providing accurate, complete and up-to-date information. The Customer warrants that they are of legal age and have the capacity or authority to enter into the contract. The Customer is solely responsible for the confidentiality of its credentials, the management of its Users' rights, and any operation performed under its Account. Any use of the credentials is deemed performed by the Customer. The Customer must notify Heroes PMS without delay of any suspected unauthorised access.
4. Free trial
The Service may be offered with a free trial period, the duration of which is stated at signup. At the end of the trial, the Subscription becomes chargeable according to the chosen plan, unless cancelled by the Customer before the trial ends. Only one trial is permitted per property.
5. Pricing & payment
- Current pricing is published on the Pricing page, exclusive of tax; applicable VAT is added where relevant.
- Payment is by credit card via our provider Stripe, or by SEPA wire transfer for annual plans.
- Billing is monthly or yearly, in advance, by automatic charge on the subscription anniversary date.
- In the event of non-payment, Heroes PMS may suspend access after an unsuccessful reminder of 8 days. Late-payment penalties at the legal rate and a fixed recovery fee of €40 are payable as of right (art. L.441-10 French Commercial Code).
- Heroes PMS may revise its pricing; any change is notified at least 30 days in advance and applies to the following billing period.
6. Term & termination
The contract has no minimum commitment (except annual plans) and renews automatically at each term. The Customer may cancel at any time from their workspace or in writing, effective at the end of the current paid period; no prorated refund is due for the period started. Heroes PMS may terminate for serious breach by the Customer not remedied within 15 days of formal notice. Where a consumer subscribes remotely, the 14-day right of withdrawal under consumer law applies, unless performance of the Service has begun with express prior consent before the end of that period.
7. Data portability & return
Customer Data belongs to the Customer. At any time during the contract, the Customer may export their data in a structured, machine-readable format from their workspace. After the contract ends, Customer Data remains retrievable for 30 days, after which it is securely deleted, save for any legal retention obligation.
8. Availability & service level (SLA)
- Heroes PMS targets 99.9% availability measured monthly, excluding planned maintenance (notified in advance) and force majeure.
- Daily encrypted backups with retention.
- Heroes PMS endeavours to act promptly on critical incidents affecting production.
9. Support
Technical support is provided in French and English, by email at support@heroespms.com and via the in-app channels, on business days. Heroes PMS aims for a first response within 2 business hours for critical requests.
10. Heroes PMS obligations & commitments
- Provide the Service with diligence and professionalism, and maintain its functional conformity.
- Provide the updates, fixes and new features included in the Subscription.
- Implement state-of-the-art security measures (see Privacy Policy).
- Process Personal Data in accordance with the GDPR and the Data Processing Agreement.
11. Customer obligations & acceptable use
- Use the Service in compliance with applicable law, these T&Cs and its intended purpose.
- Not attempt to access, copy, decompile, or compromise the integrity or security of the Service.
- Not use the Service for unlawful or fraudulent purposes, or to distribute illegal content or content infringing third-party rights.
- Be solely responsible for the lawfulness of Customer Data and inform its own customers (guests) of the collection and processing of their data, for which the Customer is the controller.
- Respect Heroes PMS intellectual property rights.
12. Personal data & GDPR
In providing the Service, Heroes PMS acts as a processor of the Personal Data that the Customer processes as controller (notably guest data). Such processing is governed by the Data Processing Agreement (DPA), which forms an integral part of these T&Cs. Processing of the Customer's own data (account, billing) is described in the Privacy Policy.
13. Intellectual property
The Service, its source code, interface, trademarks, logos and documentation remain the exclusive property of Heroes PMS SAS and are protected by intellectual property law. Heroes PMS grants the Customer a personal, non-exclusive, non-transferable right of use, limited to the duration of the Subscription. Customer Data remains the property of the Customer, who grants Heroes PMS a limited licence to host and process it solely for the purpose of providing the Service.
14. Confidentiality
Each party undertakes to keep confidential the non-public information of the other party to which it has access under the contract, throughout its term and for 3 years thereafter.
15. Warranties & liability
The Service is provided on a best-efforts basis. Heroes PMS does not warrant that the Service will be uninterrupted or error-free. Heroes PMS's liability, on any basis, is limited to the total amounts actually paid by the Customer during the twelve (12) months preceding the triggering event. Heroes PMS shall not be liable for indirect damages (loss of revenue, loss of data of which the Customer kept no copy, loss of opportunity or reputation). These limitations do not apply in the event of gross negligence, wilful misconduct, or harm to life or physical integrity.
16. Suspension
Heroes PMS may suspend access to the Service, without compensation, in the event of non-payment, non-compliant use jeopardising the security or stability of the platform, or at the request of a competent authority.
17. Force majeure
Neither party shall be liable for a failure resulting from force majeure within the meaning of article 1218 of the French Civil Code and French case law (including: disaster, widespread network outage, failure of an essential supplier, act of authorities).
18. Subcontracting & assignment
Heroes PMS may use subprocessors to provide the Service (hosting, payment, email); the list is set out in the DPA. The Customer may not assign the contract without Heroes PMS's prior written consent. Heroes PMS may assign the contract as part of a restructuring, ensuring continuity of the Service.
19. Changes to the T&Cs
Heroes PMS may amend these T&Cs. Any material change is notified by email at least 30 days before it takes effect. Continued use of the Service beyond that date constitutes acceptance. Failing acceptance, the Customer may terminate at no cost.
20. Governing law & disputes
These T&Cs are governed by French law. In the event of a dispute, the parties shall endeavour to reach an amicable solution. In accordance with articles L.611-1 et seq. of the French Consumer Code, a consumer Customer may refer the matter free of charge to a consumer ombudsman. Failing amicable resolution, any dispute falls under the exclusive jurisdiction of the courts of Paris, subject to mandatory rules applicable to consumers.
For any question regarding these T&Cs: sales@heroespms.com.