Terms of Service

By accessing or using any part of NISKA's platform, website, APIs, or related services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity.

If you do not agree to these Terms, you may not use the Services. These Terms apply to all users, including hotel operators, staff accounts, technology partners, and API consumers.

We reserve the right to update these Terms at any time. Material changes will be communicated via email and in-app notification at least 14 days before taking effect. Continued use after the effective date constitutes acceptance.

NISKA provides a cloud-based hotel management platform that includes, depending on your subscription plan:

• Property Management System (PMS)
• Channel Manager (OTA connectivity)
• Direct Booking Engine
• Revenue Management System (RMS) and AI pricing tools
• Guest Mobile Application
• In-app Concierge and Loyalty Programme
• Housekeeping and operations management
• Reporting and analytics
• Integration marketplace (80+ third-party connections)

The specific features available to you depend on your chosen plan as described on our Pricing page. We reserve the right to add, modify, or discontinue features with reasonable notice.

Account registration You must provide accurate, complete, and current information when registering. You are responsible for maintaining the security of your account credentials. NISKA is not liable for any loss or damage arising from unauthorised use of your account.

Account types - *Owner/Admin accounts*: full access to all features and billing management. - *Staff accounts*: access limited to the modules and permissions granted by the Owner/Admin. - *Partner accounts*: access to the Partner Portal, API credentials, and integration management.

Acceptable use You agree not to: (a) use the Services to violate any applicable law; (b) reverse engineer, decompile, or attempt to extract the source code of the platform; (c) circumvent access controls or security measures; (d) use automated scrapers, bots, or crawlers against the platform without written permission; (e) share account credentials across multiple organisations; or (f) resell access to the Services without a written reseller agreement.

Account suspension We may suspend or terminate accounts that violate these Terms, upon reasonable notice except where immediate action is required for security reasons.

Subscription fees Services are billed in advance on a monthly or annual basis. Prices are as published on our Pricing page and in your Order Form. We reserve the right to change prices with 30 days' notice; price changes will not apply to your current billing period.

Payment processing Payments are processed by our third-party payment providers (Razorpay, Cashfree, or Stripe, depending on your location). By providing payment details, you authorise us to charge the applicable fees.

Taxes All fees are exclusive of taxes. You are responsible for all applicable taxes (including sales tax/VAT) in your jurisdiction.

Late payments Overdue invoices accrue interest at 1.5% per month (or the maximum rate permitted by law, whichever is lower). We reserve the right to suspend Services for accounts more than 15 days past due, after providing 7 days' notice.

Refunds Subscription fees are non-refundable except as required by applicable consumer protection law or as expressly stated in your Order Form. We do not offer prorated refunds for mid-cycle cancellations of monthly plans. Annual subscribers who cancel within 14 days of the initial purchase may request a prorated refund.

Your data You retain full ownership of all data you input into the Services, including property data, reservation records, guest information, and rate plans ("Customer Data"). We do not claim any ownership rights over Customer Data.

Our licence to your data You grant NISKA a limited, non-exclusive licence to store, process, and transmit Customer Data solely for the purpose of providing and improving the Services and as described in our Privacy Policy.

Data processing agreement For customers subject to GDPR or applicable US state privacy laws, our Data Processing Agreement (DPA) is incorporated by reference into these Terms. A copy is available on request at privacy@niskagroup.com.

Aggregate and anonymised data We may use anonymised, aggregated data derived from usage of the Services (with all personally identifiable information removed) to improve the platform, publish industry benchmarks, and develop AI and machine learning models.

Data portability and export You may export your Customer Data at any time via the platform's export tools or the API. Upon termination, we provide a 90-day window for data export before deletion.

NISKA IP The Services, including all software, algorithms, user interfaces, documentation, trademarks, and logos, are owned by NISKA INNOVATIONS LLC or its licensors. These Terms do not grant you any rights in NISKA's intellectual property other than the limited licence to use the Services as described herein.

Feedback If you provide us with feedback, suggestions, or ideas about the Services ("Feedback"), you grant us a royalty-free, worldwide, irrevocable, perpetual licence to use that Feedback in any manner, including incorporating it into the Services, without obligation to you.

Third-party components The Services may include open-source software components, each subject to their own licences. A list of open-source components is available on request.

NISKA targets 99.9% monthly uptime for the core platform (PMS, Channel Manager, and Booking Engine). This target excludes:

• Scheduled maintenance windows (communicated 48 hours in advance)
• Force majeure events
• Outages caused by third-party services outside our control (e.g., OTA platforms, payment gateways)
• Issues caused by customer misuse or third-party integrations

Service credits If monthly uptime falls below 99.9%, customers on Pro and Enterprise plans are entitled to service credits applied to future invoices, calculated as follows:

Credits are the sole and exclusive remedy for downtime and must be requested within 30 days of the incident. They are not available to Starter plan customers.

Each party may have access to the other's Confidential Information in connection with the Services. "Confidential Information" means any non-public information disclosed by one party to the other that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and circumstances of disclosure.

Each party agrees to: (a) keep the other party's Confidential Information strictly confidential; (b) not disclose it to any third party without prior written consent; and (c) use it solely for the purposes of these Terms.

These obligations do not apply to information that: (i) is or becomes publicly known through no breach of these Terms; (ii) was already known to the receiving party before disclosure; (iii) is independently developed without reference to the Confidential Information; or (iv) must be disclosed by law or court order (with prompt written notice to the disclosing party where legally permissible).

Our warranties We warrant that: (a) we have the right to provide the Services; (b) the Services will perform materially in accordance with our documentation; and (c) we maintain reasonable security practices as described in our Privacy Policy.

Disclaimer EXCEPT AS EXPRESSLY SET OUT IN THESE TERMS, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NISKA DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that: (a) the Services will be uninterrupted or error-free; (b) the results obtained from use of the Services will be accurate or reliable; or (c) the Services will meet your specific requirements.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

Exclusion of consequential damages NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Cap on liability NISKA'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU TO NISKA IN THE 12 MONTHS PRECEDING THE CLAIM; OR (B) ₹50,000 (FIFTY THOUSAND INDIAN RUPEES).

The limitations above do not apply to: (i) death or personal injury caused by our negligence; (ii) fraud or fraudulent misrepresentation; (iii) our indemnification obligations; or (iv) any liability that cannot be excluded by applicable law.

You agree to indemnify, defend, and hold harmless NISKA, its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to:

• Your use of the Services in violation of these Terms
• Customer Data you provide or process through the Services
• Your violation of any applicable law or third-party rights
• Any dispute between you and your guests or third-party service providers

NISKA will promptly notify you of any claim and cooperate in the defence at your expense. We reserve the right to assume exclusive control of our defence; you may not settle any claim that imposes obligations on NISKA without our prior written consent.

Term These Terms commence when you first access the Services and continue until your subscription is terminated.

Termination by you You may cancel your subscription at any time through account settings or by contacting support. Cancellation takes effect at the end of the current billing period; no prorated refunds are provided for unused periods of monthly plans.

Termination by us We may terminate your account with 30 days' notice for any reason, or immediately if: (a) you materially breach these Terms and fail to cure within 14 days of notice; (b) you become insolvent or enter bankruptcy proceedings; or (c) continued provision would cause us to violate applicable law.

Effect of termination Upon termination: (a) all licences granted under these Terms immediately terminate; (b) you must cease all use of the Services; (c) each party will return or destroy the other's Confidential Information; and (d) Customer Data will be available for export for 90 days, after which it will be permanently deleted.

Sections on Data, IP, Confidentiality, Warranties, Liability, Indemnification, and Governing Law survive termination.

These Terms are governed by and construed in accordance with the laws of the State of Wyoming, United States of America, without regard to conflict of law principles.

Dispute resolution Before initiating any formal legal proceeding, the parties agree to attempt good-faith negotiation for 30 days after one party notifies the other of a dispute in writing.

Arbitration Disputes that cannot be resolved through negotiation shall be submitted to binding arbitration administered under the rules of the American Arbitration Association (AAA). The seat of arbitration shall be Sheridan, Wyoming. The language of arbitration shall be English. The arbitral award shall be final and binding.

Exceptions Either party may seek emergency injunctive relief from any court of competent jurisdiction. Mandatory local consumer protection laws may provide additional rights that these Terms do not override.