Terms of Service

1. The Service

RoomCheck is a real-time hospitality operations platform that connects hotel guests to hotel staff through in-room devices, a live operations dashboard and messaging integrations (such as WhatsApp). Features, hardware and integrations may change, improve or be discontinued over time.

2. Accounts & eligibility

You must provide accurate account information and keep it up to date. You are responsible for all activity under your account and for keeping login credentials confidential. You must notify us promptly of any unauthorised use. The Service is intended for business use by hotels and similar establishments and the staff they authorise.

3. Devices & hardware

The Service may include in-room hardware devices supplied to the Customer. Unless agreed otherwise in writing, devices remain the property of RoomCheck (or are sold/leased on the terms of a separate order), and the Customer must use them only with the Service, keep them in good condition, and provide reliable power and Wi-Fi connectivity. The Customer is responsible for loss of, or damage to, devices in its possession beyond normal wear, and must return RoomCheck-owned devices on request or on termination.

4. Fees, subscriptions & payment

Use of the Service may be subject to subscription fees, hardware charges and other fees as quoted to you or set out in an order. Unless stated otherwise, fees are exclusive of VAT and other taxes, are payable in advance, and are non-refundable except where required by law. We may change pricing on reasonable notice, effective from your next billing period. Late or unpaid amounts may result in suspension of the Service.

5. Acceptable use

You agree not to, and not to allow others to:

• use the Service unlawfully or in breach of these Terms;
• send spam, or use messaging features in violation of WhatsApp/Meta policies or applicable law;
• attempt to gain unauthorised access to, disrupt, or reverse-engineer the Service or devices;
• upload malicious code or infringe the rights of others; or
• resell or provide the Service to third parties without our written consent.

6. Customer data & responsibilities

“Customer Data” means data the Customer or its staff and guests submit to the Service. As between the parties, the Customer owns its Customer Data. The Customer grants us the right to process Customer Data to provide and support the Service. The Customer is responsible for the accuracy of its Customer Data and for ensuring it has a lawful basis — including any required notices to, or consents from, its staff and guests — to collect that data and have us process it on its behalf. Our handling of personal information is described in our Privacy Policy.

7. Third-party services

The Service relies on third-party providers such as WhatsApp/Meta, Google and others. Your use of those features may be subject to the third party’s own terms, and we are not responsible for third-party services we do not control.

8. Availability & support

We work to keep the Service available and reliable, but it is provided on an “as available” basis and may experience downtime for maintenance, updates or factors outside our control (including connectivity, power and third-party outages). Unless a separate service-level agreement is in place, we do not guarantee uninterrupted or error-free operation.

9. Intellectual property

RoomCheck and its licensors own all rights in the Service, software, devices’ firmware, and our trademarks and branding. We grant the Customer a limited, non-exclusive, non-transferable right to use the Service during the term, solely for its internal business operations. No other rights are granted. We may use anonymised and aggregated data that does not identify any person or hotel to operate and improve the Service.

10. Confidentiality

Each party may receive confidential information of the other. The receiving party will use it only to perform under these Terms and will protect it with reasonable care, except where disclosure is required by law.

11. Warranties & disclaimers

Except as expressly stated, and to the maximum extent permitted by law, the Service and devices are provided “as is” and “as available” without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement. Nothing in these Terms excludes liability that cannot lawfully be excluded, including under the Consumer Protection Act where it applies.

12. Limitation of liability

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for loss of profits, revenue, data or goodwill. Our total aggregate liability arising out of or relating to the Service will not exceed the amounts paid by the Customer to RoomCheck for the Service in the three (3) months before the event giving rise to the claim.

13. Indemnity

The Customer will indemnify and hold RoomCheck harmless from claims, losses and costs arising out of the Customer’s Customer Data, its use of the Service in breach of these Terms, or its breach of applicable law (including data-protection law).

14. Term, suspension & termination

These Terms apply for as long as you use the Service. Either party may terminate on reasonable written notice, and we may suspend or terminate access immediately for non-payment, breach of these Terms, or risk to the Service or others. On termination, your right to use the Service ends and you must return any RoomCheck-owned devices. We will make Customer Data available for export for a reasonable period after termination, after which we may delete it in line with our Privacy Policy.

15. Changes to these Terms

We may update these Terms from time to time. We will post the updated version on this page and update the “Last updated” date. Your continued use of the Service after changes take effect means you accept the updated Terms.

16. Governing law & disputes

These Terms are governed by the laws of the Republic of South Africa. The parties submit to the jurisdiction of the courts of the Western Cape, South Africa. The parties will try to resolve any dispute amicably before commencing proceedings.

17. General

If any provision of these Terms is found unenforceable, the rest remains in effect. Our failure to enforce a right is not a waiver of it. You may not assign these Terms without our consent; we may assign them as part of a reorganisation or sale. Neither party is liable for delays caused by events beyond its reasonable control. These Terms, together with any order and our Privacy Policy, are the entire agreement between the parties about the Service.

18. Contact us

Questions about these Terms? Email hello@roomcheck.co.za.