Acceptable Use Policy
Last updated: 14 November 2026 · Version 3.2
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1. Purpose and scope
This Acceptable Use Policy ("AUP") sets out the rules that every user of the Talkguest platform must respect when accessing the operator console, sending messages through the Service or integrating the Service with third-party systems. It applies to the subscribing hotel operator ("Customer"), to every Authorised User acting under the Customer's authority, and to every message routed through Talkguest, whether outgoing to a guest or incoming from a guest. It is incorporated by reference into the Terms of Service and violations of the AUP constitute a material breach of the subscription agreement. Talk with Guest, Lda ("Talk with Guest", "Talkguest") publishes this policy to protect its infrastructure, its subscribers and the guests who rely on Talkguest-powered communications.
Where the Customer operates in more than one Member State, this AUP applies uniformly across every property, and stricter national requirements identified by the Customer take precedence over the corresponding provisions of this policy when they concern the same conduct.
2. General principles
The Service is designed for legitimate hospitality operations. Every use of the platform must comply with Portuguese, Union and, where applicable, foreign law. Every message must be honest, respectful and relevant to the guest relationship. Every automated interaction must be transparent about its automated nature, so that guests are never misled into believing they are speaking to a human when they are not. Every escalation to a human operator must be handled within a reasonable time.
Guest Talk teams and operator staff are expected to review the principles below on onboarding and at least once a year thereafter, and the Talkguest platform provides a reminder banner on the first login after any material amendment to this policy so that no member of the operator team can plead ignorance of the current wording.
3. Prohibited content
The following categories of content may not be transmitted, stored or generated through the Service under any circumstances. Content that is unlawful under Portuguese or Union law, including content that infringes intellectual property rights or that constitutes an illegal comparative advertising practice. Content that promotes violence, incites hatred or discrimination on grounds of ethnicity, nationality, religion, sex, sexual orientation, disability or age, or that constitutes harassment of any person. Content that sexually exploits minors or that depicts non-consensual sexual acts.
Content that promotes self-harm, suicide, hard drugs or activities that endanger public health. Content that facilitates fraud, phishing or identity theft, including deceptive links, forged invoices, and impersonation of financial institutions or public authorities. Content that contains malware, ransomware, spyware, key-loggers or any other malicious software. Content that constitutes an unlawful invasion of the privacy of a third party, including the disclosure of personal data without a lawful basis or the recording of private communications without consent.
Content that is deliberately false or misleading in a manner likely to cause material harm to guests, including price lures that do not correspond to a real available rate, fake availability messages designed to manipulate booking behaviour and fabricated reviews. Content that is defamatory of an identifiable person or that constitutes an insult under Portuguese criminal law.
4. Prohibited activities
The following activities are prohibited regardless of the content transmitted. Circumventing or attempting to circumvent the technical protections of the Service, including but not limited to authentication, rate limiting, quota enforcement and content moderation. Sharing credentials of an Authorised User with a third party. Using the Service to send messages on behalf of a business that is not the subscribing hotel operator, unless a written reseller arrangement has been signed with Talkguest. Reselling access to the Service without a written arrangement.
Automating requests against the operator console beyond the published rate limits of the API. Scraping, mirroring or otherwise systematically copying content of the Service. Using the Service to build a competitive product or to benchmark the Service in a public comparison without prior written consent, other than lawful acts of price transparency required under consumer legislation. Using the Service to send test messages to arbitrary third parties who have no relationship with the Customer.
5. Unsolicited messaging
Unsolicited messaging is strictly prohibited. Every message sent through the Service must be part of a legitimate hospitality relationship. Marketing messages may be sent only to recipients who have provided prior informed consent under Article 22 of the Portuguese Lei n.º 41/2004 or under an equivalent national implementation of the ePrivacy Directive, or to recipients whose personal data has been collected in the context of a purchase of similar products or services and who have been given a clear opportunity to object at every subsequent communication (the so-called soft opt-in).
Transactional messages, such as reservation confirmations, check-in instructions and payment receipts, may be sent without prior consent because they are strictly necessary to perform the accommodation contract. Every outbound campaign must maintain an opt-out ratio below one percent and a complaint ratio below zero point one percent. Persistent excesses trigger the escalation procedure described in section twelve.
6. Consent for guest communications
The Customer is solely responsible for obtaining and documenting the consent required by data protection and consumer legislation before sending any communication that is not strictly necessary for the performance of the accommodation contract. Talk with Guest provides consent capture components that log the timestamp, the wording of the consent request and the identifier of the guest, and stores the log for the duration required by the applicable statute of limitations. Where the Customer sends messages to guests through channels other than email, in particular SMS, WhatsApp Business and RCS, the Customer must additionally comply with the terms of use of the underlying network provider.
7. Fair use of platform resources
The Talkguest platform is a shared multi-tenant service. Each subscription includes a fair-use allowance of monthly active conversations and outbound messages stated in the order form. Beyond the allowance, overage fees apply as described in the Terms of Service. Fair use also implies proportionate storage of media attachments, capped at ten megabytes per attachment and one gigabyte per month per property. Bursty usage patterns that risk destabilising the platform for other subscribers may trigger a temporary throttle, applied uniformly and communicated in advance whenever practicable.
8. Rate limits
Requests to the REST application programming interface are subject to a base rate of one hundred requests per minute per API key and a burst allowance of three hundred requests per minute for up to sixty seconds every ten minutes. Webhook deliveries from the Customer's systems to Talkguest are subject to the same rate. Rate limits may be raised on written request to sales@talk.mindbery.org for legitimate operational needs, subject to a review of the intended integration pattern. Sustained requests beyond the rate limits are dropped with an HTTP 429 response.
9. Security testing
Talk with Guest welcomes coordinated security research. Any vulnerability discovered in the Service may be reported to security@talk.mindbery.org following the responsible disclosure guidelines published at talk.mindbery.org/security. Non-disruptive testing on a Customer's own tenancy is permitted, subject to the following limits: no exfiltration of data belonging to third-party guests; no denial-of-service techniques against shared infrastructure; no exploitation of a discovered vulnerability beyond the minimum necessary to demonstrate its existence. Any testing that exceeds these limits requires the prior written consent of Talkguest and, where applicable, a formal rules-of-engagement document.
10. Third-party integrations
The Customer is responsible for the third-party integrations it enables through the operator console, including property management systems, channel managers, revenue management systems, review aggregators and payment providers. The Customer must ensure that each integration is authorised under the terms of the third-party service, that the exchange of Personal Data is lawful, and that credentials shared with Talkguest correspond to accounts belonging to the Customer or to accounts explicitly assigned to the Customer by the third party. Talk with Guest may disable an integration that generates a disproportionate volume of errors or that operates in a manner that harms other subscribers.
11. Reporting abuse
Guests, third parties and members of the public may report suspected violations of this AUP by email to abuse@talk.mindbery.org. Reports should include a description of the incident, the date and time in Western European Time, the identifier of the message or account concerned to the extent known, and any evidence available. Talkguest acknowledges receipt within two business days, and investigates within ten business days. Abusive or manifestly unfounded reports may be disregarded, subject to the safeguards required by Union law on illegal content notifications.
12. Enforcement
Where Talk with Guest identifies a suspected violation of this AUP, whether through internal monitoring, a report received under section eleven, or an order from a competent authority, it applies a graduated response. The first response is a written notice to the Customer describing the alleged violation and requesting corrective measures within a stated deadline, generally between forty-eight hours and ten business days depending on the severity. Continued or serious violations may lead to a temporary suspension of the Service, applied to the specific feature affected or to the entire tenancy.
Severe violations, in particular those involving illegal content, imminent risk to life, imminent risk of large-scale abuse of guests, or manifest violation of Union law, may lead to an immediate suspension without prior notice. Persistent violations, or a single violation causing material harm, may lead to termination of the subscription for cause with no refund of prepaid fees, subject to the safeguards of the Terms of Service and Portuguese consumer legislation where the Customer qualifies as a consumer.
13. Notice and appeal
Every enforcement action other than an immediate suspension for a severe violation is preceded by written notice to the Customer at the primary billing contact registered in the operator console. The Customer may request a review of the action by sending an email to abuse@talk.mindbery.org within seven days of the notice. The review is conducted by a member of the Talkguest legal team not involved in the initial decision, and completed within ten business days. The outcome is communicated in writing with reasons, and, where the appeal is upheld, Talkguest restores the Service and, where applicable, refunds the pro-rata portion of fees corresponding to the suspension period.
14. Interaction with other policies
This AUP is complemented by the Terms of Service, the Privacy Policy, the Cookie Policy, the Data Processing Addendum and the Refund and Cancellation Policy. In the event of a conflict between this AUP and another policy on a matter of acceptable use, this AUP prevails. Talk with Guest may amend this AUP with thirty days' notice through email to the primary billing contact and through the changelog. Changes required by law or by an order of a competent authority may take effect immediately, with subsequent communication to the Customer. Talkguest publishes worked examples and guidance in the resources section of talk.mindbery.org so that operators and their personnel can align their internal procedures with the requirements of this AUP.