Terms of Service

Last updated: 14 November 2026 · Version 3.2

1. Parties and acceptance

These Terms of Service form a binding agreement between the hotel operator or corporate entity identified in the order form ("Customer") and Talk with Guest, Lda ("Talk with Guest", "Talkguest" or "Provider"), a Portuguese limited liability company registered at Conservatória do Registo Comercial de Lisboa under NIPC 516 842 397, with registered office at Rua Rodrigo da Fonseca 123, 1.º Esq, 1250-190 Lisboa, Portugal. By signing an order form, accepting an online quote or activating a subscription through talk.mindbery.org, the Customer accepts these terms in their entirety on behalf of the legal entity it represents.

2. Definitions

"Service" means the Talkguest Software-as-a-Service platform and the associated modules described in the order form, including guest messaging, upsell orchestration, identity verification, reservation intake and reporting. "Customer Data" means all data submitted by the Customer or its authorised users into the Service, including reservation records, guest correspondence and identity documents supplied for verification. "Authorised User" means an individual to whom the Customer grants access, being a member of its personnel or a controlled third party operating under the Customer's instructions. "Subscription Term" means the period during which the Customer is entitled to use the Service, starting on the activation date. "Documentation" means the technical and functional descriptions of the Service published at talk.mindbery.org and in the operator console.

3. Service description

Talk with Guest provides a multi-tenant Software-as-a-Service platform. The Service is delivered as a hosted application accessible through modern web browsers and through a documented REST application programming interface. The scope of subscribed modules, the number of properties and the volume of monthly active conversations are set in the order form. The Service evolves through continuous delivery; new features are released without prior notice, while breaking changes to the public API follow a deprecation window of at least six calendar months.

4. Ordering and provisioning

Orders may be placed through a written order form countersigned by both parties, through the self-service checkout at talk.mindbery.org, or through an in-product upgrade action. Each subscription includes an onboarding workstream during the first calendar month; the fee for that first month is included in the price of the twelve-month or thirty-day cycle chosen at ordering and is not billed separately. Provisioning occurs within five business days of the receipt of the order and, where applicable, of the initial invoice payment or the SEPA mandate signature.

5. Fees, invoicing and taxes

Fees are stated in the order form in euros exclusive of value added tax. Portuguese VAT is added on invoices at the applicable rate unless the Customer supplies a valid intra-community VAT identification number, in which case the reverse charge mechanism applies pursuant to article 6 of the Portuguese VAT Code. Invoices are issued electronically through the certified invoicing software integrated into the Service and comply with Decreto-Lei n.º 28/2019 and Portaria n.º 195/2020. The Customer expressly accepts electronic invoices as originals.

Monthly subscriptions are invoiced at the beginning of each month and are payable within fifteen calendar days by SEPA direct debit or bank transfer. Annual subscriptions are invoiced at the beginning of the twelve-month period and are payable within thirty calendar days. Late payment triggers, without notice, the accrual of interest at the legal commercial rate published by the Direção-Geral do Tesouro e Finanças, plus a fixed compensation of forty euros per unpaid invoice pursuant to Decreto-Lei n.º 62/2013.

Fees may be revised annually with sixty days' advance notice, and shall not exceed the annual variation of the Portuguese consumer price index published by the Instituto Nacional de Estatística plus two percentage points. Additional volume beyond the contracted number of active conversations is billed monthly at the overage rate stated in the order form.

6. Service levels and uptime

Talkguest commits to a monthly uptime of ninety-nine point nine percent (99.9%) for the operator console and for the guest-facing messaging endpoints, measured on a rolling calendar month excluding scheduled maintenance windows and force majeure events. If uptime falls below the committed threshold in any given month, the Customer is entitled to service credits: five percent of the monthly fee if uptime is between 99.0% and 99.9%, ten percent if between 98.0% and 99.0%, and twenty percent if below 98.0%. Service credits are the sole and exclusive financial remedy for uptime shortfalls and may be applied against the following invoice.

Scheduled maintenance is announced at least seventy-two hours in advance through the status page at status.talk.mindbery.org, capped at four hours per calendar month and performed between 22:00 and 06:00 Western European Time. Emergency maintenance is announced as soon as reasonably possible and is limited to security patches whose deferral would create an imminent risk to Customer Data.

7. Support

Support is provided in Portuguese, English and Spanish, on business days from 08:00 to 20:00 Western European Time, through email at support@talk.mindbery.org and through the in-product chat. Priority one incidents (Service unavailable, guest messaging interrupted) are acknowledged within thirty minutes on any day of the year. Priority two incidents (major feature degraded) are acknowledged within four business hours. Priority three inquiries are acknowledged within one business day.

8. Customer responsibilities

The Customer is responsible for the security of its Authorised User credentials, for configuring the Service in a manner consistent with its own legal obligations, and for the accuracy of the Customer Data it submits. The Customer must inform its guests of the use of an automated conversational assistant and of any recording made through the Service, and must obtain the consents required by the applicable data protection and consumer protection legislation. Compliance with the Acceptable Use Policy is a material condition of the subscription.

9. Intellectual property

All intellectual property rights in the Service, in the Documentation, in the underlying software, in the Talkguest name and logotype and in any derivative work belong exclusively to Talk with Guest. The Customer receives a non-exclusive, non-transferable, non-sublicensable right to use the Service for its internal business purposes during the Subscription Term. Reverse engineering, decompilation or disassembly is prohibited except to the strict extent authorised by article 10 of Decreto-Lei n.º 252/94 transposing Directive 2009/24/EC.

The Customer retains all rights in the Customer Data. It grants Talk with Guest a limited, worldwide, royalty-free licence to host, copy, transmit and display the Customer Data solely to the extent necessary to provide the Service and to comply with legal obligations. Aggregated, anonymised statistics derived from platform usage may be used by Talk with Guest for benchmarking, research and product improvement.

10. Confidentiality

Each party undertakes to keep confidential all non-public information disclosed by the other party in the context of the Service, whether marked as confidential or reasonably understood to be so. Confidential information may be disclosed only to personnel and advisors on a need-to-know basis and bound by equivalent obligations of confidentiality. This obligation survives termination for five years, or indefinitely for trade secrets within the meaning of Directive (EU) 2016/943 and the Portuguese Industrial Property Code.

11. Warranties and disclaimers

Talk with Guest warrants that the Service will materially conform to the Documentation, that it has the corporate power to enter into this agreement, and that the Service will be provided with the professional skill and care expected in the Portuguese SaaS market. Except for the warranties expressly set out in these terms and to the maximum extent permitted by law, the Service is provided on an "as is" and "as available" basis. Talkguest disclaims implied warranties of merchantability, fitness for a particular purpose and non-infringement.

12. Indemnities

Talk with Guest shall defend the Customer against any third-party claim alleging that the Service, as delivered and used in accordance with the Documentation, infringes a copyright, trade mark or registered design of a third party in the European Union, and shall indemnify the Customer against any damages and reasonable costs finally awarded by a competent court or agreed in a settlement approved by Talk with Guest. The Customer shall notify Talk with Guest promptly, grant sole control of the defence and provide reasonable cooperation.

The Customer shall defend and indemnify Talk with Guest against any third-party claim arising from the Customer Data, from the Customer's use of the Service in breach of the Acceptable Use Policy, from any content sent through the Service, and from any failure by the Customer to obtain the consents required from its guests.

13. Limitation of liability

Neither party shall be liable for indirect or consequential loss, loss of profits, loss of business opportunity, loss of reputation or loss of anticipated savings. The aggregate liability of Talk with Guest under or in connection with these terms, whether contractual, extra-contractual or otherwise, shall not exceed the fees paid by the Customer in the twelve months preceding the event giving rise to the liability. Nothing in these terms limits liability for wilful misconduct, gross negligence, death or bodily injury, or any other liability that cannot be limited under Portuguese law.

14. Suspension

Talk with Guest may suspend the Service, in whole or in part, in the event of non-payment persisting more than fifteen days after a written reminder, in the event of a material breach of the Acceptable Use Policy, or where continued provision of the Service would create an imminent risk to the security or integrity of the platform or to other customers. Whenever practicable, Talkguest gives the Customer prior notice and an opportunity to cure.

15. Term and termination

Monthly subscriptions renew automatically at the end of each thirty-day cycle and may be terminated by the Customer at any moment with effect at the end of the running cycle through the operator console or by email to billing@talk.mindbery.org. Annual subscriptions renew automatically for successive twelve-month periods unless one of the parties notifies the other of non-renewal at least thirty days before the renewal date. Either party may terminate the subscription for material breach with thirty days' written notice if the breach is not cured within that period. Upon termination, Customer Data is returned as described in the Data Processing Addendum and the Refund and Cancellation Policy.

16. Governing law and forum

These terms are governed by Portuguese law, excluding its conflict-of-law rules. Any dispute arising out of or in connection with these terms shall be brought before the Tribunal Judicial da Comarca de Lisboa, with express waiver of any other forum. Where the Customer is a consumer within the meaning of Lei n.º 24/96, the mandatory rules of consumer protection and the competent consumer forum in the Customer's country of residence continue to apply.

17. Miscellaneous

These terms, together with the order form, the Data Processing Addendum, the Acceptable Use Policy and the Refund and Cancellation Policy, constitute the entire agreement between the parties and supersede any prior understanding on the subject matter. Amendments require a written instrument signed by both parties or accepted in the operator console. Neither party may assign this agreement without the prior written consent of the other, except that Talk with Guest may assign it in the context of a corporate reorganisation or a transfer of substantially all of its assets. Notices are validly served by email to the addresses recorded in the order form. If any provision of these terms is held unenforceable, the remaining provisions continue in full force.