Terms of Service

1. Accounts

• You must provide accurate business information and keep it up to date.
• You decide who on your team gets access and with which role. You are responsible for the activity of your users and for keeping their sign-in details confidential.
• Tell us promptly at the address in section 18 if you suspect unauthorised access to your account.
• The Service is for businesses. Users must be at least 18 years old.

2. The Service

We will provide the Service described in your order or plan. We improve Nido continuously and may add, change or remove features. We will not materially reduce the core functionality of a paid plan during its current term without telling you in advance.

Some features may be offered as previews or betas. They are provided as they are, may change or be withdrawn, and are excluded from any service commitments.

3. Acceptable use

You agree not to, and not to let anyone else:

• use the Service in breach of any law, including data protection, consumer, tax and anti-spam laws;
• enter data you have no right to process, or use guest data for purposes the guest was not informed of;
• send unsolicited marketing through the Service, or messages that are deceptive, harassing or unlawful;
• attempt to access another customer's data, probe or bypass the Service's security, or interfere with its operation;
• copy, resell, sublicense or reverse engineer the Service, except where the law expressly allows it;
• use the Service to build a competing product, or access it by automated means other than the interfaces we provide.

4. Customer data

"Customer Data" means the data you and your users enter into the Service or receive through it, including guest, reservation, rate, payment and invoice data. You own your Customer Data. You give us a limited licence to host, copy, process and display it only as needed to provide, secure and support the Service, and as you instruct.

For personal data within Customer Data, you are the controller and we are your processor. You are responsible for having a legal basis to collect it, for informing guests, and for honouring their rights; we will help you as described in our Privacy Policy. We will process it only on your instructions, keep it confidential, protect it with appropriate security measures, use the sub-processors listed in our Privacy Policy, and notify you without undue delay of a personal data breach. On request we will sign a data processing agreement with you.

We may use aggregated, de-identified data about how the Service is used to operate and improve it, provided it does not identify you, your guests or your users.

5. Third-party services

The Service can connect to services you contract separately, such as payment providers (for example Wompi or Mercado Pago), booking channels and online travel agencies, e-invoicing providers and the tax authority. You are responsible for your agreements with those providers and for the settings you choose. Payments are processed by your payment provider under your own account: BlurEffect does not hold or move your funds and is not a party to your transactions with guests. We are not responsible for the availability or acts of third-party services, but we will work in good faith to keep our integrations with them working.

6. Your legal and tax obligations

Nido helps you meet obligations such as electronic invoicing and guest registration, but you remain responsible for your own legal, tax and regulatory compliance, for the accuracy of the information you enter, and for reviewing what is issued or filed in your name.

7. Fees and payment

• Fees, billing period, currency and payment terms are those set out in your order form, plan or other written agreement with us.
• Unless agreed otherwise, fees are billed in advance and are non-refundable, and prices exclude taxes, which you pay except for taxes on our income.
• We may change prices for a renewal term by telling you at least 30 days before it starts.
• If an undisputed invoice remains unpaid 15 days after we notify you that it is overdue, we may suspend the Service until it is paid.

8. Availability and support

We use commercially reasonable efforts to keep the Service available and to perform maintenance at times that minimise disruption, giving notice of planned maintenance when practical. The Service depends on the internet and on third parties, and we do not guarantee that it will be uninterrupted or error-free. Nido's offline mode lets the desk keep working during a connection loss, but work done offline is only saved to the Service once the device reconnects. Any specific service level or support commitment applies only if it is set out in your order form.

9. Intellectual property

BlurEffect and its licensors own the Service, the Nido name and brand, and all related software and content, other than Customer Data. Subject to these Terms and payment of fees, we grant you a non-exclusive, non-transferable right to use the Service for your internal business during your subscription. If you send us feedback or suggestions, we may use them without obligation to you.

10. Confidentiality

Each party will keep the other's non-public business information confidential, use it only to perform under these Terms and share it only with people who need it and are bound by similar duties. This does not apply to information that is public, already known, independently developed or received lawfully from someone else, or that must be disclosed by law, in which case the disclosing party will give notice where the law allows.

11. Warranties and disclaimers

We warrant that we will provide the Service with reasonable skill and care and in line with these Terms. Except as stated in these Terms, the Service is provided "as is" and "as available", and to the extent the law allows we disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement.

12. Limitation of liability

To the extent the law allows: (a) neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, bookings or goodwill, even if advised of their possibility; and (b) each party's total liability arising out of or relating to these Terms is limited to the fees you paid us for the Service in the 12 months before the event giving rise to the claim. These limits do not apply to your payment obligations, to a party's indemnification obligations, or to liability for fraud, gross negligence or wilful misconduct, or any liability that cannot be limited by law.

13. Indemnification

You will defend and indemnify BlurEffect against third-party claims arising from your Customer Data, your use of the Service in breach of these Terms or the law, or your dealings with guests and third-party providers. We will defend and indemnify you against third-party claims that the Service, as we provide it, infringes their intellectual property rights. The indemnified party must notify the other promptly, give it control of the defence and cooperate reasonably.

14. Term, suspension and termination

• These Terms apply for as long as you use the Service. Subscriptions renew for the period in your order unless either party gives notice of non-renewal before the renewal date.
• Either party may terminate for the other's material breach that is not cured within 30 days of written notice.
• We may suspend access immediately if needed to prevent a security risk, serious harm to the Service or other customers, or a breach of law, and we will restore access once the cause is resolved.
• Sections that by their nature should survive termination, including fees owed, confidentiality, limitation of liability and governing law, survive it.

15. Data export and deletion

During your subscription you can export your Customer Data using the Service's export features. For 30 days after termination we will keep your Customer Data available for export on request. After that period we will delete or anonymise it within 90 days, except data we must keep by law, which we will keep protected only for as long as required.

16. Governing law and disputes

These Terms are governed by the laws of the State of Wyoming, USA, without regard to its conflict-of-laws rules. The state and federal courts located in Wyoming have exclusive jurisdiction over any dispute arising out of or relating to these Terms, and both parties consent to them. Before going to court, the parties will try in good faith to resolve the dispute by negotiation for 30 days. Nothing in this section limits rights that mandatory local law gives you.

17. General

• We may update these Terms. We will post the new version with a new effective date and give at least 30 days' notice of material changes by email or in the Service; continuing to use the Service after that date means you accept them.
• Neither party may assign these Terms without the other's consent, except to a successor in a merger, acquisition or sale of substantially all of its business.
• Neither party is liable for delays caused by events beyond its reasonable control.
• If any provision is found unenforceable, the rest remains in effect. A failure to enforce a provision is not a waiver.
• These Terms, together with your order form and our Privacy Policy, are the entire agreement between the parties about the Service.
• If these Terms are available in Spanish and the versions differ, the English version prevails unless the law requires otherwise.

18. Contact and notices

BlurEffect LLC, 103 Capitol Ave, Suite 420A, Cheyenne, WY 82001, USA. Email: partners@meetnido.com. Phone: +1 (323) 414-2211. We send notices to the email address of your account's owner.