These Terms and Conditions of Use (the “Terms”) govern access to and use of the “Bee Revenue” software platform (the “Platform”), published and operated by Bee’Rev SAS (the “Provider”).
Any natural person or legal entity accessing the Platform, whether the entity operating the hotel establishment, a hotel management company, or a franchisee acting on behalf of one or more establishments (the “Client”), acknowledges having read and unreservedly accepted these Terms.
The purpose of these Terms is to define the conditions under which the Provider makes the Bee Revenue Platform available to the Client, together with the respective rights and obligations of the parties in this context.
Acceptance of these Terms results from the Client’s first use of the Platform. Such first use constitutes the Client’s full and complete consent to these Terms in the version in force on the date of access.
The Provider reserves the right to amend these Terms at any time. The amended Terms will be brought to the Client’s attention by any appropriate means, including a notification within the Platform or by email, and will enter into force under the conditions specified therein. Continued use of the Platform after notification constitutes acceptance of the amended Terms.
Subject to compliance with these Terms and payment of the applicable fees, the Provider grants the Client a licence to use the Platform that is:
Access to the Platform is granted on a per-establishment basis, in accordance with the number of establishments subscribed to by the Client as specified in the applicable order form or subscription plan (the “Subscription Plan”).
No geographical restriction applies to use of the Platform, subject to the Client’s compliance with the laws and regulations applicable in its country of operation.
The Client shall not sublicense, resell, rent, lend, or otherwise make access to the Platform available to any third party, whether free of charge or for consideration, without the Provider’s prior express written consent.
All rights not expressly granted under these Terms are reserved by the Provider.
The Client undertakes to use the Platform for its intended purpose and in accordance with these Terms. The Client is strictly prohibited, directly or through a third party, from:
The Client is solely responsible for the accuracy, reliability, and updating of the data it enters or imports into the Platform, including rates, availability, and establishment information. The Provider shall not be liable for consequences resulting from inaccuracies in data entered by the Client, including pricing recommendations generated by the Platform on the basis of such data.
The Client is responsible for maintaining the confidentiality of the login credentials assigned to its users and for all activity carried out through its account. The Client undertakes to inform the Provider without delay of any unauthorised use of its account of which it becomes aware.
The Client undertakes to use the Platform in compliance with all laws and regulations applicable to it.
In consideration for access to the Platform, the Client shall pay the Provider the fees defined in the applicable Subscription Plan on a recurring monthly or annual basis, according to the terms agreed between the parties.
Unless otherwise provided in the Subscription Plan, fees are invoiced in advance for the relevant subscription period.
Any late payment shall automatically result in the application of late-payment interest at the statutory rate applicable under French commercial law and, where applicable, a fixed recovery fee in accordance with the French Commercial Code. The Provider reserves the right to suspend the Client’s access to the Platform in the event of continued non-payment following a formal notice that remains without effect.
The Provider reserves the right to revise the applicable prices upon renewal of the Subscription Plan, subject to prior notice to the Client in accordance with the terms specified in the Subscription Plan.
Fees are exclusive of taxes. Any applicable tax, including VAT, shall be borne by the Client in addition to the fees payable to the Provider.
The contract is entered into for the term and subject to the renewal conditions specified in the Subscription Plan accepted by the Client.
If either party breaches any of its obligations under these Terms, the other party may terminate the contract as of right, without compensation, thirty (30) days after written notice of the breach remains without effect, subject to the seriousness of the breach concerned.
From the date of termination or expiry of the contract, regardless of the reason, the Client’s access to the Platform shall cease. The Client shall have thirty (30) days from the termination date to export its data from the Platform. After that period, the Provider may permanently delete such data, without prejudice to any retention obligations imposed by applicable regulations.
Each party undertakes to preserve the confidentiality of all confidential information disclosed by the other party in connection with the performance of the contract, including commercial, financial, technical, or strategic information (the “Confidential Information”).
Information shall not be considered Confidential Information if it: (i) is or becomes publicly available without breach by the receiving party; (ii) was already lawfully in the receiving party’s possession before disclosure; (iii) was independently developed by the receiving party; or (iv) must be disclosed pursuant to a legal, regulatory, or judicial obligation.
The confidentiality obligation under this Article shall survive for three (3) years after termination of the contract for any reason. However, with respect to trade secrets and the Provider’s proprietary methodology, including its pricing recommendation algorithms, the confidentiality obligation shall continue without limitation in time for as long as such information retains its status as a trade secret.
The Provider is and shall remain the sole owner of all intellectual property rights relating to the Platform, its source code, documentation, algorithms, and, more generally, all elements comprising it. Nothing in these Terms shall be construed as transferring any intellectual property right to the Client other than the right of use granted under Article 2.
The Client retains all ownership rights in the data and content it transmits to or enters into the Platform (the “Client Data”).
The Client authorises the Provider to use Client Data in aggregated and anonymised form, in a manner that does not identify the Client or any particular establishment, for the purposes of improving the Platform, developing new features, and conducting comparative market analyses and benchmarking.
Any suggestion, improvement idea, or feedback (“Feedback”) provided by the Client to the Provider concerning the Platform shall become the exclusive property of the Provider, which may freely use, exploit, and incorporate it into the Platform without compensation or obligation to the Client.
The Provider may use the Client’s name, logo, or trademark for commercial, advertising, or communication purposes, including case studies or marketing materials, only after obtaining the Client’s prior express written consent for each contemplated use.
In connection with the performance of the contract, the Provider acts as a processor within the meaning of Regulation (EU) 2016/679 of 27 April 2016 on the protection of personal data (the “GDPR”), while the Client acts as the controller.
Personal data processed in connection with use of the Platform is hosted exclusively within the European Union.
The detailed terms governing the processing of personal data, including the nature, purpose, and duration of processing, the categories of data concerned, and the security measures implemented, are set out in a separate Data Processing Agreement entered into between the parties and forming an integral part of the contract.
In the event of a personal data breach affecting Client Data, the Provider undertakes to notify the Client within forty-eight (48) to seventy-two (72) hours after becoming aware of the breach, in accordance with the procedures specified in the Data Processing Agreement.
The Platform is provided “as is”, without warranty of any kind, whether express or implied, including any warranty of merchantability, fitness for a particular purpose, uninterrupted operation, or absence of errors.
The Provider does not warrant that the Platform will specifically meet the Client’s needs or that the Platform’s pricing recommendations or features will produce any particular commercial result.
The Provider’s total cumulative liability under the contract, for all losses combined, shall be capped at the amount of fees actually paid by the Client to the Provider during the twelve (12) months preceding the event giving rise to liability.
Under no circumstances shall the Provider be liable for indirect, intangible, or consequential damages, including loss of revenue, loss of customers, loss of data, or reputational harm, resulting from use of, or inability to use, the Platform.
The liability cap set out in Article 10.1 shall not apply in the event of: gross negligence or wilful misconduct by the Provider; breach of the confidentiality obligation under Article 6; infringement of a third party’s intellectual property rights under Article 13; or a personal data breach attributable to the Provider under Article 8. In such cases, the Provider’s liability shall remain unlimited.
These Terms and, more generally, all contractual relations between the Provider and the Client shall be governed by French law, to the exclusion of any other law.
Any dispute relating to the validity, interpretation, performance, or termination of these Terms that cannot be resolved amicably shall be subject to the exclusive jurisdiction of the Paris Commercial Court, notwithstanding multiple defendants or third-party proceedings, including emergency or protective proceedings.
These Terms are drafted in French. If they are translated into one or more other languages, only the French version shall be binding between the parties.
The Provider may freely assign or transfer all or part of its rights and obligations under the contract, including as part of a merger, acquisition, or sale of business, without requiring the Client’s prior consent. The Client may not assign the contract, in whole or in part, without the Provider’s prior written consent.
Neither party shall be liable for a breach of its contractual obligations resulting from a force majeure event as defined by French case law and Article 1218 of the French Civil Code.
Any notice required or permitted under these Terms shall be validly given by email to the contact address designated by each party and shall be deemed received on the date it is sent, provided no delivery error message is received.
These Terms, together with the Subscription Plan and the Data Processing Agreement, constitute the entire agreement between the parties and supersede any prior agreement, communication, or negotiation relating to the same subject matter.
If any provision of these Terms is declared invalid or unenforceable, the remaining provisions shall remain in full force and effect, and the parties undertake to negotiate in good faith a replacement provision having an equivalent effect.
A party’s failure at any time to invoke a breach by the other party of any obligation under these Terms shall not be construed as a waiver of its right to invoke such breach in the future.
The Provider undertakes to defend and indemnify the Client against any third-party claim alleging that normal use of the Platform in accordance with these Terms infringes that third party’s intellectual property rights, and to pay any damages finally awarded against the Client in this respect by a final court decision or under a settlement approved by the Provider.
The Client undertakes to defend and indemnify the Provider against any third-party claim arising from: (i) use of the Platform in breach of these Terms; or (ii) the Client’s breach of any legal or regulatory provision applicable to its use of the Platform.
The party seeking indemnification under this Article shall promptly notify the other party of any claim that may trigger this indemnity and shall grant that other party exclusive control over the defence and negotiations relating to the claim, subject to the indemnified party’s right to participate.
The indemnification obligations under this Article 13 are not subject to the liability cap set out in Article 10.1 and apply independently of it.