Conditions of use

Ospitia is management software for short-term rentals: channels and calendar, reservations, cleaning, revenue and Italian regulatory filings (public security reports, statistics, tourist tax, electronic invoicing). The service is provided by Elite Properties SRL (Genova, Italia), "the provider".

The service is aimed at professionals: managers, owners carrying on a short-let business, property management companies. By accepting you declare that you are acting in the course of your business or profession. If you are a consumer, read article 15.

The following form an integral part of the contract and are accepted together with these terms: the privacy notice, the data processing agreement required by Art. 28 GDPR, the compliance liability statement and the cookie notice.

• You must provide true information and keep it up to date.
• You are responsible for keeping your credentials confidential and for all activity carried out with your account, including that of users you invite.
• You must notify us without delay if you suspect unauthorised access.
• An account belongs to one organisation and has one administrator: the person who accepts this contract and who can bind the organisation. The other users you invite (managers, operators, cleaners) have limited roles and sign nothing.
• The users you invite are not parties to this contract: you are answerable for what they do on the service, and it is you who informs them about the processing of their data, as their employer or principal.
• Do not share credentials with third parties outside your business.

• The free trial lasts 14 days and requires no payment details.
• At the end of the trial nothing is charged automatically: if you do not subscribe, the account stays readable in read-only mode and data is not deleted.
• Subscriptions are billed per managed apartment, according to the chosen plan. Published prices exclude VAT, which is applied where due.
• You may change plan or cancel at any time: changes take effect from the next billing cycle and give no right to a refund of the period already paid, unless the law provides otherwise.
• Renewal is automatic for periods equal to the one chosen, unless cancelled before the end of the current period.
• If an account is left with no active subscription and no sign-ins for a prolonged period we may close it, but only after notifying you by email and allowing at least 30 days to export your data.

Subscription payments are handled by an external payment provider. We do not store full card details. If a payment fails we notify you and retry; if the failure persists we may suspend access under article 10.

For collections from your guests we operate a no-custody model: funds flow directly to your account through the payment provider, with which you hold the relationship. At no point do we hold guest money, and accordingly we are not liable for refunds, chargebacks or reversals, which are settled between you, the guest and the payment provider. If we ever introduce a fee on collections, we will become a platform operator subject to DAC7 reporting: article 10 of the compliance liability statement sets out what data you will have to provide and on what notice.

You undertake not to use the service to:

• pursue unlawful purposes or breach applicable rules, including planning, building-management and tourism rules applying to the properties you manage;
• attempt to access other organisations' data or circumvent tenant isolation controls;
• subject the system to abnormal automated load, bulk data extraction or unagreed security testing;
• send unsolicited communications to guests in breach of electronic communications rules.

Security research is welcome but must be agreed in advance: write to supporto@ospitia.it.

The service helps you prepare and submit regulatory filings, but responsibility towards the authorities remains yours, as the operator of the property and the controller of your guests' data. The full allocation is set out in the compliance liability statement, which forms part of the contract. In short:

• you are the controller of your guests' data and undertake to collect and use it lawfully, providing them with the required notice;
• you are responsible for the accuracy of the data and settings you enter (property codes, credentials, rates, exemptions, tax rates);
• longer retention obligations imposed by law (five years for public security filings, ten years for tax documents) remain yours: the service provides export and automatic archiving, but the archive is yours;
• you are responsible for reviewing filings before submission wherever the service gives you the opportunity to do so.

We undertake with reasonable diligence to keep the service available and to fix faults promptly. We do not guarantee a service level expressed as a percentage unless agreed in writing in a separate agreement.

We may suspend the service in whole or in part for maintenance, updates or security, and for as long as needed to remove a concrete risk to the service or to data. Planned suspensions are announced in advance; urgent ones as soon as possible. We are not liable for interruptions caused by matters outside our control, including unavailability of third-party providers, booking portals or public electronic filing systems.

The software, brand and content of Ospitia remain the property of Elite Properties SRL. We grant you a non-exclusive, non-transferable licence to use it, limited to the term of the subscription.

Your data remains yours. We acquire no ownership of the information you enter and you can export it in open formats at any time. We use aggregated, non-identifying data to measure and improve the product. Your guests' data is excluded from that use: for it we act solely as processor, on your instructions, and never for purposes of our own.

We undertake to provide the service with the professional diligence expected of a software provider: this is an obligation of means, not of result. We do not promise that the service is free of defects, nor that every regulatory filing will succeed, because the outcome also depends on the data you enter and on public systems and suppliers we do not control. To the extent permitted by law:

• we are not liable for indirect damages, lost profit, lost bookings, goodwill or reputation;
• our aggregate liability towards you, on any ground and in each twelve-month period, is limited to the greater of the fees you paid us in the twelve months preceding the event and 1,000 euro;
• the output of the artificial-intelligence features (message drafts, price suggestions, assisted document reading) are support tools: we are not liable for decisions you take on the basis of output you did not review, nor for messages sent automatically after you yourself enabled automatic sending;
• the compensation provided for regulatory-filing failures is subject to the caps set out in the compliance liability statement, absorbs any further claim arising from the same facts and is included in the cap above, not additional to it.

We may suspend access or terminate the contract with immediate effect, on written notice, in cases of: unlawful use of the service, serious breach of article 5, non-payment persisting more than thirty days after a reminder, or conduct endangering the security of the service or other customers' data.

Where the breach can be remedied we first allow you fifteen days to do so. During a suspension you keep the right to export your data under article 11.

• You may close your account at any time. Access remains active until the end of the subscription period already paid for.
• Before and after closure you can export reservations, guests, tax documents and regulatory archives in open formats.
• Thirty days after account closure, data is permanently deleted and cannot be recovered, except for what we must keep by law. Export before you close.
• Deletion does not affect the retention obligations that fall on you: keeping what the law requires you to keep is your responsibility.

We may amend these terms and the fees. Material changes are notified at least 30 days in advance by email and through an acknowledgement screen at your next sign-in. Price changes take effect from the renewal following the expiry of that notice period.

If you do not accept a change you may terminate without penalty before it takes effect, with a pro-rata refund of any period paid for and not used. Continuing to use the service after that date counts as acceptance.

We may assign the contract in the context of corporate transactions (merger, demerger, transfer of a business unit), on notice to you; if the assignee does not offer equivalent guarantees on data, you may terminate without penalty within 30 days. You may assign the contract only with our written consent, which will not be unreasonably withheld.

The contract is governed by Italian law. Any dispute arising out of or in connection with it falls within the exclusive jurisdiction of the courts of Genova, to the exclusion of any concurrent forum.

This jurisdiction clause does not apply to consumers, for whom the courts of their place of residence or domicile remain competent, as set out in article 15.

If, despite the professional purpose of the service, the contract is entered into by a consumer (a natural person acting outside their trade or profession), the mandatory provisions of the Italian Consumer Code apply. In particular:

• you may withdraw within 14 days of entering into the contract, without giving reasons and at no cost;
• the clauses listed in article 16, if unfair towards you, have no effect even if you approved them: the specific approval under art. 1341 of the Italian civil code operates between professionals and does not cure unfairness;
• if you ask for the service to be activated immediately, you acknowledge that you lose the right of withdrawal once performance has been fully rendered, and that if you withdraw during performance you owe us an amount proportionate to what you have used (arts. 57 and 59 of the Italian Consumer Code);
• the courts of your place of residence or domicile remain competent;
• you may use the European online dispute resolution platform or the competent ADR bodies.

These are standard terms drafted by one party. Under art. 1341, paragraph 2, of the Italian civil code, the following clauses have no effect unless specifically approved in writing, separately from acceptance of the contract as a whole. That is why the acceptance screen asks for a second, separate tick dedicated solely to these clauses:

• Art. 7 — the provider's right to suspend the service for maintenance, security or external causes, and exclusion of liability for such interruptions;
• Art. 9 — limitation of liability: obligation of means, exclusion of indirect damages, cap equal to the greater of the fees of the last twelve months and 1,000 euro, and exclusion of liability for unreviewed artificial-intelligence output;
• Art. 10 — the provider's right to suspend access and terminate the contract with immediate effect in the cases listed;
• Art. 11 — forfeiture of the right to recover data thirty days after account closure;
• Art. 12 — the provider's right to amend the terms and fees unilaterally, with notice and a right of termination for the customer;
• Art. 13 — the provider's right to assign the contract;
• Art. 14 — derogation from ordinary jurisdiction and exclusive forum;
• Art. 18 — exclusion of liability for force-majeure events and right of termination if the event persists;
• Art. 19 — forfeiture of a complaint not raised within 30 days and a twelve-month limit to bring an action;
• Compliance liability statement, arts. 3, 4 and 6 — allocation of responsibility for regulatory filings, compensation caps and your obligation to indemnify against third-party claims.

Contractual notices are sent by email to the account holder's address and through in-app notices. Support: supporto@ospitia.it. Privacy: privacy@ospitia.it.

Neither party is liable for non-performance caused by events beyond its reasonable control: natural disasters, war, acts of authority, strikes, epidemics, prolonged power or network outages, failure or discontinuation of indispensable third-party services, or cyber-attacks not avoidable with due diligence.

The affected party notifies the other without delay and does what is reasonably possible to limit the harm. If the event lasts more than 60 days, either party may terminate without penalty, with a pro-rata refund of the period already paid and not used.

Report a failure or a complaint to us within 30 days of discovering it, describing what happened. This is not a formality: the technical logs that make it possible to verify what occurred are not kept forever (the privacy notice states for how long), so a late report risks being unverifiable by either of us.

Contractual actions against us must be brought within twelve months of the event giving rise to them. This limit does not apply to consumers, for whom the statutory limits apply, nor to cases of wilful misconduct or gross negligence.

Each party keeps confidential the other's non-public information that it learns — commercial data, rates, know-how, economic terms — and uses it only to perform the contract. The obligation lasts for the term of the contract and for the three years that follow.

It does not cover information that has become public without fault, information developed independently, and information whose disclosure is required by law or by an authority. For personal data, the privacy notice and the data processing agreement apply in addition and prevail over this article.

• Who signs. Whoever accepts these terms declares that they have the power to bind the organisation they act for. The acceptance recorded in the product — date, time, document versions, declared capacity and the two separate ticks — serves as evidence of the agreement between the parties.
• Severability. If a clause is invalid or ineffective, the rest of the contract remains valid and that clause is deemed replaced by a valid provision reflecting its purpose within the limits of the law.
• Entire agreement. These terms and the documents forming part of them contain the entire agreement between the parties and supersede prior understandings on the same subject matter. Individually negotiated written agreements survive and prevail over these standard terms.
• No waiver. Failure or delay in exercising a right is not a waiver of it.
• Survival. The provisions on limitation of liability, indemnity, confidentiality, intellectual property, data retention and export, governing law and forum remain in force after the contract ends.