Terms and Conditions

1. Introduction

Welcome to Merina HMS ("Platform", "Service", "we", "us", or "our"). These Terms and Conditions ("Terms") govern your access to and use of the Merina HMS hotel management software platform operated by Merina HMS Private Limited, a company incorporated under the Companies Act, 2013, having its registered office at Tamil Nadu, India ("Company").

By accessing or using our Platform, you ("User", "you", "your", "Subscriber", "Customer") agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Platform.

2. Definitions

• "Platform" means the Merina HMS software-as-a-service (SaaS) application accessible via web browsers and mobile devices.
• "Subscription" means the paid access to the Platform's features based on the selected plan (Basic, Professional, or Enterprise).
• "Tenant" means a hotel, guest house, or hospitality establishment using the Platform.
• "User Data" means all data uploaded, stored, or processed through the Platform by Users.
• "Guest Data" means personal information of hotel guests processed through the Platform.

3. Eligibility

To use our Platform, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into binding contracts
• Be authorized to represent the hotel/establishment you are registering
• Possess valid business registration/license as required by Indian law
• Not be prohibited from using such services under applicable laws

4. Account Registration

4.1. You must provide accurate, current, and complete information during registration and maintain the accuracy of such information.

4.2. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account.

4.3. You must immediately notify us of any unauthorized use of your account at support@merinahms.in.

4.4. We reserve the right to suspend or terminate accounts that violate these Terms or are found to contain false information.

5. Subscription Plans and Pricing

5.1. Free Trial: New users may be eligible for a 14-day free trial. Trial limitations and features are as displayed on the Platform.

5.2. Paid Subscriptions: We offer Basic (₹549/month), Professional (₹999/month), and Enterprise (₹1,899/month) plans. Pricing is subject to applicable GST (currently 18%).

5.3. Billing Cycles: Subscriptions are available on monthly or annual billing cycles. Annual subscriptions receive a discount as displayed.

5.4. Price Changes: We reserve the right to modify pricing with 30 days' notice. Existing subscriptions will be honored until renewal.

6. Payment Terms

6.1. All payments are processed through Razorpay, our authorized payment gateway, in compliance with RBI regulations.

6.2. Recurring Payments: By subscribing, you authorize automatic recurring charges via UPI AutoPay, card mandate, or e-NACH as per RBI guidelines on recurring payments.

6.3. Failed Payments: If a payment fails, we will attempt to collect the payment for up to 7 days. Continued failure may result in service suspension.

6.4. GST Invoices: GST-compliant tax invoices will be generated for all payments and available for download from your account.

7. User Responsibilities

You agree to:

• Use the Platform only for lawful purposes and in accordance with these Terms
• Comply with all applicable laws including the Information Technology Act, 2000
• Maintain proper records as required under the Foreigners Act, 1946 and C-Form regulations
• Obtain necessary consents from guests before processing their personal data
• Not upload malicious code, viruses, or harmful content
• Not attempt to gain unauthorized access to any part of the Platform
• Not use the Platform for any illegal, fraudulent, or harmful activities

8. Data Processing and Privacy

8.1. Your use of the Platform is also governed by our Privacy Policy.

8.2. You act as the "Data Controller" for Guest Data, and we act as "Data Processor" under applicable data protection laws.

8.3. You are responsible for ensuring lawful basis for processing Guest Data and obtaining necessary consents.

8.4. We implement appropriate technical and organizational security measures to protect User Data.

9. Intellectual Property

9.1. The Platform, including all software, designs, text, graphics, logos, and trademarks, is owned by Merina HMS Private Limited and protected under Indian intellectual property laws.

9.2. Your subscription grants you a limited, non-exclusive, non-transferable license to use the Platform for your internal business purposes.

9.3. You retain ownership of all User Data you upload to the Platform.

10. Service Availability and Support

10.1. We aim to maintain 99.9% uptime but do not guarantee uninterrupted service. Scheduled maintenance will be communicated in advance.

10.2. Support is provided via email (support@merinahms.in) and in-app chat during business hours (9 AM - 6 PM IST, Monday to Saturday).

10.3. Enterprise plan subscribers receive priority support with dedicated account management.

11. Limitation of Liability

11.1. To the maximum extent permitted by law, Merina HMS Private Limited shall not be liable for any indirect, incidental, special, consequential, or punitive damages.

11.2. Our total liability shall not exceed the amount paid by you in the 12 months preceding the claim.

11.3. We are not liable for any loss of data, business interruption, or damages arising from circumstances beyond our reasonable control.

12. Indemnification

You agree to indemnify and hold harmless Merina HMS Private Limited, its directors, employees, and agents from any claims, damages, losses, or expenses arising from your use of the Platform, violation of these Terms, or infringement of any third-party rights.

13. Termination

13.1. You may cancel your subscription at any time from your account settings. Cancellation terms are detailed in our Cancellation and Refund Policy.

13.2. We may suspend or terminate your account for violation of these Terms, non-payment, or as required by law.

13.3. Upon termination, you may export your data within 30 days. After this period, data may be permanently deleted.

14. Governing Law and Dispute Resolution

14.1. These Terms are governed by the laws of India.

14.2. Any disputes shall first be attempted to be resolved through amicable negotiation within 30 days.

14.3. Unresolved disputes shall be subject to arbitration under the Arbitration and Conciliation Act, 1996, with the seat of arbitration in Chennai, Tamil Nadu.

14.4. The courts of Chennai, Tamil Nadu shall have exclusive jurisdiction for any matters not subject to arbitration.

15. Amendments

We reserve the right to modify these Terms at any time. Material changes will be notified via email or Platform notification at least 15 days before becoming effective. Continued use after changes constitutes acceptance of the modified Terms.

16. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

17. Contact Information