Terms of Service
Last Updated: March 2026
1. Agreement to Terms
By accessing and using LoftDesk Services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to all provisions, do not use LoftDesk.
2. Service Description
LoftDesk provides cloud-based hotel management software including CRM, channel management, revenue optimization, marketing tools, and analytics ("Services"). Services are provided on an "as-is" basis subject to these Terms.
3. Eligibility
You must be:
- At least 18 years old
- Authorized to enter into binding agreements
- Acting on behalf of a legitimate business entity
- Complying with all applicable laws
4. Account Registration
Your Responsibilities
- Provide accurate, complete information
- Maintain confidentiality of login credentials
- Notify us of unauthorized access immediately
- Keep information current and accurate
- Accept responsibility for all account activity
Account Security
- You are solely responsible for account security
- LoftDesk is not liable for unauthorized access
- Use strong passwords and enable two-factor authentication
- Log out from public computers
5. Acceptable Use Policy
You agree NOT to:
- Use Services for illegal purposes or violating laws
- Access systems without authorization
- Disrupt or interfere with Service functionality
- Reverse engineer, decompile, or attempt to derive source code
- Sell, resell, or provide Services to third parties without authorization
- Scrape, crawl, or extract data using automated methods
- Remove or alter copyright/proprietary notices
- Harass, abuse, or harm others
- Upload viruses, malware, or harmful code
- Engage in fraudulent activities
- Spam or excessive marketing
- Violate third-party intellectual property rights
6. Subscription & Payment
Pricing & Billing
- Prices listed are subject to change with 30 days notice
- Billing occurs on the date specified in your subscription
- We accept major credit cards and electronic payment methods
- Prices exclude applicable taxes (added at checkout)
Payment Terms
- Payment is due upon invoice
- Late payments may result in service suspension
- Failed payments result in account deactivation after 7 days notice
- Automatic renewal continues until cancellation
Cancellation
- Cancel anytime with written notice
- No refunds for partially used billing periods
- Upon cancellation, account access ends at period end
- Data export available for 30 days post-cancellation
7. Intellectual Property Rights
LoftDesk Property
- All LoftDesk content, features, technology remain our property
- Licensed to you for non-exclusive, non-transferable use
- No ownership transfer to you
Your Data & Content
- You retain ownership of your data
- You grant LoftDesk a worldwide license to process your data
- You are responsible for compliance regarding your data
Third-Party Content
- Third-party integrations subject to their terms
- LoftDesk not responsible for third-party services
8. Data Protection & Privacy
- LoftDesk complies with applicable data protection laws
- See our Privacy Policy for detailed data practices
- You are responsible for complying with data laws in your jurisdiction
- For international hotels, you must comply with local data laws
9. Warranties & Disclaimers
Service Warranty
We warrant that Services are provided by competent professionals and will substantially conform to Documentation.
Disclaimers
EXCEPT AS EXPRESSLY PROVIDED, LOFTDESK MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
LOFTDESK DOES NOT WARRANT THAT:
- Services will be uninterrupted or error-free
- Defects will be corrected
- Services will meet your requirements
10. Limitation of Liability
Exclusions
TO THE MAXIMUM EXTENT PERMITTED BY LAW, LOFTDESK IS NOT LIABLE FOR:
- Indirect, incidental, consequential, special, or punitive damages
- Loss of data, revenue, profits, or business
- Business interruption or loss of use
Liability Cap
LOFTDESK'S TOTAL LIABILITY SHALL NOT EXCEED THE FEES PAID IN THE 12 MONTHS PRECEDING THE CLAIM.
Some jurisdictions do not allow liability limitations. This may not apply to you.
11. Indemnification
You agree to indemnify and hold LoftDesk harmless from any claims, losses, or damages (including attorneys' fees) arising from:
- Your violation of these Terms
- Your use of Services
- Your data or content
- Your violation of third-party rights
- Your violation of applicable laws
12. Service Availability & Support
Service Level
- LoftDesk aims to maintain 99.5% uptime
- Scheduled maintenance windows do not count toward uptime
- Uptime guarantees subject to SLA agreements
Support
- Customer support available via email and live chat
- Response times vary by subscription tier
- Support hours: Business hours, EST
- Critical issues receive priority response
13. Termination
Grounds for Termination
We may terminate Services if you:
- Violate these Terms
- Engage in illegal activity
- Become insolvent or bankrupt
- Fail to pay fees for 30 days
- Pose security or fraud risk
Effect of Termination
- All rights under Terms cease
- You must stop using Services immediately
- Data access ends upon termination
- Sections 7-12 survive termination
14. Modifications to Terms
LoftDesk may modify Terms at any time. Changes are effective 30 days after posting. Continued use constitutes acceptance of modified Terms.
15. Governing Law & Jurisdiction
- Terms governed by laws of California, without regard to conflict of law principles
- Exclusive jurisdiction: Federal and state courts in San Francisco, California
- You waive any objection to venue or inconvenient forum
16. Dispute Resolution
Informal Resolution
Before litigation, contact us to attempt resolution: [email protected]
Arbitration
Disputes will be resolved through binding arbitration under AAA Commercial Arbitration Rules, except:
- Either party may seek equitable relief (injunction, etc.)
- Disputes under $250,000 may be resolved in small claims court
17. Severability
If any provision is unenforceable, it will be modified to the minimum extent necessary, and remaining provisions continue in force.
18. Waiver
Failure to enforce any right does not constitute waiver of that right or other rights.
19. Entire Agreement
These Terms, Privacy Policy, and any executed Agreements constitute the entire agreement regarding Services and supersede all prior agreements.
20. Contact Information
Legal Inquiries:
LoftDesk Inc.
Legal Department
123 Hospitality Plaza
San Francisco, CA 94105
USA
Email: [email protected]
Phone: +1 (415) 714-9230
Last Updated: March 16, 2026