Terms of Service
InnSyst
Effective Date: March 2026 Last Updated: April 17, 2026
1. Agreement and Acceptance
These Terms of Service ("Terms," "Agreement," or "ToS") constitute a legally binding agreement between InnSyst ("Company," "we," "us," or "our") and you or the entity you represent ("Customer," "you," or "your"). By accessing, viewing, or using the InnSyst website (innsyst.com), the InnSyst platform (hotel.presidiumservices.com), and all related services, features, content, and technology (the "Platform" or "Services"), you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and our PCI Compliance Statement, each incorporated herein by reference.
If you do not agree to these Terms or cannot legally bind yourself to them, you are prohibited from using the Platform. Your continued use of the Platform constitutes your acceptance of these Terms as they may be modified from time to time.
These Terms also apply to any white-label or partner domains that are powered by the InnSyst platform. These domains operate on the same underlying technology and are subject to the same terms described herein. For a current list of white-label domains covered by these Terms, please contact us at [email protected].
2. Services Description
2.1 Platform Overview
The Platform is a cloud-based hotel management system ("PMS") designed to assist hotel operators in managing reservations, guest information, payments, operations, and related hospitality functions. The Platform includes web-based interfaces, APIs, integrations with third-party services, customer support, and related features as described in our Documentation.
2.2 Support and Updates
We provide customer support during business hours as detailed in our Support Policy. We reserve the right to make updates, enhancements, modifications, or changes to the Platform at any time. We will provide reasonable notice of material changes that negatively impact your use of the Platform.
2.3 Services Availability
We strive to maintain service availability but do not guarantee uninterrupted or error-free access. The Platform may be temporarily unavailable due to maintenance, updates, technical difficulties, or other causes beyond our reasonable control.
3. Customer Eligibility and Responsibilities
3.1 Legal Capacity
By using the Platform, you represent and warrant that you:
Are at least 18 years old (or the age of majority in your jurisdiction)
Have the legal right and capacity to enter into binding agreements
Are acting on behalf of an authorized entity if using the Platform for business purposes
Have obtained all necessary permissions to bind your organization to these Terms
3.2 Customer Responsibilities
You are responsible for:
Maintaining the confidentiality of your login credentials and account information
Notifying us immediately of any unauthorized access or security breach
Complying with all applicable laws and regulations in your jurisdiction
Using the Platform only for lawful purposes related to hotel management and operations
Ensuring that all information you provide to us is accurate, complete, and current
Configuring the Platform appropriately for your property and staff access levels
Maintaining appropriate backups of critical business data
Complying with all third-party terms of service integrated with the Platform (payment processors, booking systems, etc.)
3.3 Guest Data and Compliance
You acknowledge that as a hotel operator, you are responsible for:
Obtaining guest consent for data collection in compliance with applicable privacy laws
Maintaining your own privacy notices and policies compliant with GDPR, CCPA, and other regulations
Securing and controlling access to guest data within the Platform
Notifying guests of any data breaches affecting their information
Ensuring your use of the Platform complies with hospitality, payment processing, and data protection regulations
4. User Accounts and Access
4.1 Account Creation
To use the Platform, you must create an account and provide accurate, current information. You are responsible for all activities under your account, whether authorized or unauthorized.
4.2 Account Credentials
You must maintain the confidentiality of your passwords and access credentials
You are responsible for all use of your account and agree to accept responsibility for all activities under your account
You agree to notify us immediately of any unauthorized access or breach of security
We are not responsible for unauthorized access resulting from your failure to protect your credentials
4.3 Multiple Users
Hotels may designate multiple staff members as users on the Platform. You are responsible for:
Ensuring only authorized personnel have access to the Platform
Configuring role-based permissions appropriately
Removing access for terminated employees promptly
Monitoring user activity for compliance with these Terms
4.4 Restrictions on Use
You agree not to:
Share your account credentials with unauthorized persons
Create multiple accounts to circumvent usage limits
Use the Platform for purposes other than hotel management and operations
Attempt to gain unauthorized access to the Platform or its systems
Reverse engineer, decompile, or attempt to discover source code
Interfere with the Platform's operation or security measures
Use the Platform to develop competing products or services
Access the Platform using automated tools (bots, scrapers) without permission
Transmit viruses, malware, or harmful code
Engage in any activity that violates applicable laws or third-party rights
5. Subscription and Fees
5.1 Subscription Plans
We offer various subscription plans with defined features, user counts, and pricing. Specific details are provided in your Order Form or subscription agreement.
5.2 Fees and Billing
Subscription Fees: Billed monthly or annually according to your selected plan
Additional Fees: Charges for excess users, data storage, API calls, or premium features beyond your plan
Invoicing: We will invoice you at the email address associated with your account
Payment Terms: Fees are due within 30 days of invoice date unless otherwise specified
Tax: You are responsible for any applicable sales, use, value-added, or similar taxes
5.3 Payment Method
You authorize us to charge your designated payment method (credit card or bank account) for all fees owed. If payment fails, we may:
Retry payment up to 3 times using your backup payment method
Suspend your account after 10 days of failed payment
Terminate your account if payment is not received within 30 days
5.4 Price Changes
We reserve the right to change subscription prices with at least 30 days' written notice. Changes will apply to renewal terms following the notice period. Continued use constitutes acceptance of new pricing.
5.5 No Refunds
Except as required by law or as specified in Section 9 (Termination), all subscription fees are non-refundable. No refunds are provided for:
Unused portions of a billing period
Cancellations after the billing date
Service suspensions due to payment failure or Terms violations
Cancellations initiated by Customer
6. Intellectual Property Rights
6.1 Company Ownership
The Platform, including all software, code, features, functionality, design, graphics, and content, is owned by the Company or its licensors. These materials are protected by copyright, trademark, patent, and other intellectual property laws.
6.2 Limited License
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform solely for your internal hotel management and operations, in accordance with these Terms. This license does not permit you to:
Sublicense the Platform to third parties
Modify, adapt, or create derivative works
Reverse engineer or decompile the Platform
Remove proprietary notices or labels
Use the Platform for any purpose other than as authorized
6.3 Customer Content
You retain all rights to content you upload, create, or input into the Platform (including guest data, reservations, communications, and reports) ("Customer Content"). By uploading or inputting Customer Content, you grant us a worldwide, royalty-free license to:
Store, process, and maintain Customer Content
Use Customer Content to provide and improve the Platform
Create anonymized, aggregated reports and analytics from Customer Content
Back up Customer Content for disaster recovery and data protection purposes
You represent and warrant that you own or have the right to grant these licenses and that your Customer Content does not infringe third-party rights.
6.4 Feedback
Any feedback, suggestions, or improvements you provide regarding the Platform may be used by us without compensation or attribution to you.
7. Data Security and Privacy
7.1 Data Protection
We implement industry-standard security measures to protect your data, including encryption, access controls, and firewalls. However, we cannot guarantee absolute security or protect against all threats. You acknowledge the inherent risks of digital communication and data storage.
7.2 Backups and Disaster Recovery
We maintain backup systems to protect against data loss. However, we do not guarantee recovery of all data in the event of catastrophic loss. You are responsible for maintaining your own backups of critical business data.
7.3 Data Retention
Data is retained according to our Privacy Policy and your account settings. Upon account termination, we will make commercially reasonable efforts to delete your data within 30 days, except where retention is required by law.
7.4 Payment Data
Per our PCI Compliance Statement, we do not store complete credit card numbers. We store only first 6 and last 4 digits of payment cards, along with processor tokens, in compliance with PCI DSS standards. Full payment card data is handled exclusively by PCI-certified payment processors.
7.5 Third-Party Service Providers
We use third-party vendors for hosting, payment processing, analytics, and support. Your data may be shared with these providers in accordance with our Privacy Policy and Data Processing Agreements. These providers are contractually obligated to maintain confidentiality and data security. Our current analytics providers include Google Analytics (Google LLC) for traffic analysis, Microsoft Clarity (Microsoft Corporation) for behavioral analytics and session recording, and Umami Analytics (Umami Software, Inc.) for privacy-focused traffic statistics.
8. Warranties and Disclaimers
8.1 Limited Warranty
We warrant that the Platform will perform materially in accordance with our Documentation during the Subscription Term. This is our sole warranty, and your exclusive remedy for any breach is remediation or, if remediation is impracticable, account termination with pro-rata refund.
8.2 Disclaimer of Other Warranties
EXCEPT AS EXPRESSLY STATED IN SECTION 8.1, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING:
FITNESS FOR A PARTICULAR PURPOSE — The Platform may not meet all your specific business needs
MERCHANTABILITY — We make no warranty that the Platform is fit for sale or suitable for your purposes
NON-INFRINGEMENT — While we attempt to avoid infringing third-party rights, we do not guarantee the Platform is free from infringement claims
UNINTERRUPTED SERVICE — We do not warrant that the Platform will be available 24/7 or error-free
DATA ACCURACY — We do not warrant that all data processed through the Platform is accurate or complete
THIRD-PARTY INTEGRATIONS — We are not responsible for the performance or security of integrated third-party services
8.3 As-Is Provision
THE PLATFORM IS PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. We are not responsible for:
Service interruptions or downtime
Loss of data due to technical failures
Unauthorized access or data breaches (unless caused by our negligence)
Incompatibility with your systems or third-party software
Poor business decisions or operational issues arising from Platform use
9. Limitation of Liability
9.1 Cap on Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE TOTAL FEES YOU PAID TO US IN THE 12 MONTHS IMMEDIATELY PRECEDING THE CLAIM.
If you have paid no fees (trial or free account), our liability shall not exceed $100 USD.
9.2 Excluded Damages
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR:
Indirect Damages — Damages not directly caused by our breach or negligence
Consequential Damages — Damages that result secondarily from our breach
Incidental Damages — Ancillary damages arising from breach
Special Damages — Unusual or exceptional damages
Lost Profits — Lost revenue or business opportunities
Lost Data — Data loss or corruption (except as caused by our gross negligence)
Lost Business Opportunity — Failure to realize business advantages
Reputational Harm — Damage to your business reputation
This exclusion applies even if we have been advised of the possibility of such damages.
9.3 Data Loss and Backups
We are not responsible for any loss of Customer Content or data, whether caused by technical failure, security breach, or human error, unless such loss results directly from our gross negligence. You assume all risk of data loss and are responsible for maintaining backups of critical information.
9.4 Third-Party Claims
We are not liable for claims, losses, or damages arising from:
Your breach of these Terms or applicable laws
Unauthorized use of your account
Your misuse of the Platform
Third-party services integrated with the Platform
Actions of other users or third parties
Force majeure events beyond our reasonable control
10. Indemnification
You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, and agents from any third-party claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from:
Your breach of these Terms or applicable laws
Your use of the Platform for unlawful purposes
Your violation of third-party rights (intellectual property, privacy, etc.)
Guest data you collect or process in violation of regulations
Your negligence or willful misconduct
Disputes between you and third parties regarding the Platform
You will cooperate with us in defending any such claims and will not settle any claim without our prior written consent.
11. Term and Termination
11.1 Subscription Term
Your subscription begins on the Effective Date and continues for the initial subscription period specified in your Order Form (monthly or annual). After the initial term, your subscription automatically renews for the same duration unless either party provides written notice of non-renewal at least 30 days before the end of the current term.
11.2 Termination for Convenience
You may terminate your subscription at any time by:
Logging into your account and requesting cancellation
Emailing us at [email protected] with termination request
Providing at least 30 days' written notice before the end of the current billing period
Cancellations are effective at the end of the current billing period. No refunds are provided for cancellations after the billing date.
11.3 Termination for Cause
We may terminate or suspend your account immediately without refund if you:
Violate these Terms or our policies
Engage in illegal activity or breach of third-party rights
Fail to pay fees within 30 days of invoice
Attempt to gain unauthorized access to the Platform
Transmit viruses, malware, or harmful content
Engage in harassment, abuse, or threatening conduct
Use the Platform to harm others or engage in illegal activities
11.4 Effects of Termination
Upon termination or cancellation:
Your access to the Platform is immediately revoked
You remain responsible for all fees through the end of the billing period
We will delete your Customer Content within 30 days, except where retention is required by law
We will make commercially reasonable efforts to provide a data export if requested
All indemnification and liability provisions survive termination
You are responsible for ensuring guest data is transferred or archived as required
11.5 Survival
Sections 6 (Intellectual Property), 8 (Warranties and Disclaimers), 9 (Limitation of Liability), 10 (Indemnification), 16 (Dispute Resolution), and 17 (Governing Law) survive termination or expiration of these Terms.
12. Service Level Agreement (SLA)
12.1 Availability Target
We strive to maintain 99.5% uptime for the Platform on a monthly basis, measured as availability of core features during Business Hours (Monday-Friday, 9 AM-5 PM EST, excluding holidays).
12.2 Excluded Downtime
Uptime targets do not include downtime resulting from:
Scheduled maintenance (with 48 hours' notice where practicable)
Your network or equipment failures
Third-party service failures (hosting providers, payment processors, etc.)
DDoS attacks or security incidents
Force majeure events beyond our reasonable control
Issues caused by your misuse or misconfiguration of the Platform
12.3 Service Credits
If we fail to meet the uptime target, you may be eligible for service credits (not refunds):
99.0% - 99.4% uptime: 5% monthly fee credit
98.0% - 98.9% uptime: 10% monthly fee credit
Below 98% uptime: 25% monthly fee credit
Service credits are your sole remedy for uptime failures and are not cumulative across months.
12.4 SLA Claim Process
To claim service credits, you must:
Submit a claim within 30 days of the incident
Provide evidence of the outage and its impact
Have maintained current payment status throughout the incident
13. Prohibited Activities
You agree not to use the Platform to:
Violate Laws — Engage in activity that violates local, state, federal, or international law
Infringe Rights — Infringe or violate intellectual property, privacy, or other rights of third parties
Fraud — Engage in fraudulent, deceptive, or misleading conduct
Harassment — Harass, threaten, abuse, or harm any person or group
Malware — Transmit viruses, worms, malware, or other harmful code
Unauthorized Access — Attempt to gain unauthorized access to systems or data
Disruption — Disrupt or interfere with the Platform's operation or other users' access
Reverse Engineering — Attempt to decompile, reverse engineer, or discover proprietary code
Competitive Use — Develop competing products or services using the Platform
High-Risk Activities — Use the Platform for gambling, adult content, weapons, explosives, or other high-risk activities
Spam — Send unsolicited communications, spam, or marketing materials to guests
Data Mining — Extract, scrape, or bulk download data without authorization
14. Data Processing and GDPR Compliance
14.1 Data Processing Agreement
For Customers processing personal data of EU/UK residents, a Data Processing Agreement (DPA) is automatically incorporated into these Terms and available upon request. The DPA specifies our role as a data processor and our obligations under GDPR.
14.2 Data Subject Rights
We support your fulfillment of data subject rights (access, correction, erasure, portability, objection) by:
Providing mechanisms to access and export Customer Content
Supporting data corrections and updates within the Platform
Enabling data deletion upon your request
Providing data in portable formats when feasible
14.3 Subprocessors
We may engage subprocessors (payment processors, hosting providers, analytics services) to process data on your behalf. A current list of authorized subprocessors is available upon request. Material changes to subprocessors will be notified to you with opportunity to object.
14.4 Standard Contractual Clauses
For international data transfers, we rely on Standard Contractual Clauses (SCCs) approved under GDPR Article 46 to ensure adequate safeguards for data transferred outside the EU/EEA.
15. Modifications to Terms
We reserve the right to modify these Terms at any time. Material changes will be notified to you via email with at least 30 days' notice. Continued use of the Platform after the modification date constitutes your acceptance of the revised Terms.
If you do not agree with material modifications, you have the right to terminate your subscription under Section 11.2 without penalty.
16. Dispute Resolution
16.1 Informal Resolution
Before pursuing formal legal action, you and we agree to make good-faith efforts to resolve disputes informally. Either party may initiate informal dispute resolution by sending written notice to the other party describing the dispute and proposed resolution.
16.2 Escalation
If informal resolution fails, disputes may be escalated to senior management for discussion. The parties agree to attempt resolution for at least 30 days before pursuing litigation or arbitration.
16.3 Jurisdiction and Venue
These Terms are governed by the laws of Florida, United States, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction and venue of the state and federal courts located in Pasco, Florida.
16.4 Arbitration Option (Optional)
If you prefer arbitration instead of litigation, disputes shall be resolved through binding arbitration administered by JAMS or AAA under their Commercial Arbitration Rules. Arbitration shall be conducted in Land O Lakes, FL and governed by Florida law. Each party bears its own costs, and the arbitrator may award costs and fees as permitted by law.
16.5 Injunctive Relief
Notwithstanding the above, either party may seek injunctive relief in court for breaches of intellectual property rights, confidentiality, or other irreparable harms.
16.6 Class Action Waiver
Both parties waive the right to participate in class actions, class arbitrations, or representative actions against the other. All claims must be brought individually.
17. Governing Law and Entire Agreement
17.1 Governing Law
These Terms are governed by and construed in accordance with the laws of State of Florida, without regard to its conflict of law principles.
17.2 Entire Agreement
These Terms, together with your Order Form, our Privacy Policy, and our PCI Compliance Statement, constitute the entire agreement regarding the Platform and supersede all prior or contemporaneous agreements, representations, or understandings. Any conflicting terms in other documents are void.
17.3 No Third-Party Beneficiaries
These Terms do not create rights or benefits for any third party, except as explicitly stated.
17.4 Severability
If any provision of these Terms is found to be invalid or unenforceable, that provision will be reformed to the minimum extent necessary to make it valid, or if not possible, severed. All remaining provisions remain in effect.
17.5 No Waiver
Failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.
18. Confidentiality
18.1 Confidential Information
Each party agrees to maintain the confidentiality of the other party's confidential information and use it only for the purposes authorized by these Terms.
18.2 Exceptions
Confidential information does not include information that:
Is publicly available through no fault of the receiving party
Is independently developed without use of the other party's information
Is rightfully obtained from a third party without confidentiality restrictions
Is required to be disclosed by law or court order (with notice to the other party)
19. Contact Information
For questions, support, or communications regarding these Terms, please contact:
InnSyst
Email: [email protected] Phone: (520) 815-7571 Mailing Address: InnSyst (Presidium Services LLC) 8996 Little Bluestem Dr Land O Lakes, FL 34637 United States
20. Acknowledgments
By using the Platform, you acknowledge that:
You have read and understood these Terms of Service
You agree to be bound by all provisions
You understand the limitations of liability and warranty disclaimers
You have the authority to bind your organization to these Terms
Your use of the Platform is voluntary and at your own risk
Document Effective Date: March 2026 Last Updated: April 17, 2026 Next Review: March 2027
This Terms of Service agreement is provided for informational purposes and should be reviewed by legal counsel licensed in your jurisdiction before implementation to ensure compliance with applicable laws and regulations.