Last Updated: 06-30-2026
Welcome to the INNsight Property Management System ("Service,"
"PMS"), a service offered by INNsight.com, Inc. ("INNsight ," "we,"
"us," or "our"). These Terms of Service ("Terms ")
govern your access to and use of our PMS, including any associated software, services, features, and
content (collectively, the "Service").
Please read these Terms carefully before using our Service. By accessing or using the Service in any
manner, including but not limited to visiting or browsing the Service, creating an account, or
inputting data, you ("you," "your," or "User") agree to be legally bound by these Terms and our
Privacy Policy, which is incorporated herein by reference. This document constitutes a binding legal
agreement between you and INNsight. If you do not agree to these Terms, you may not access or use the
Service in any capacity.
If you are entering into these Terms on behalf of a company, hotel, or other legal entity, you
represent and warrant that you have the legal authority to bind such entity and its affiliates to
these Terms, in which case the terms "you" or "your" shall refer to such entity and its affiliates. If
you do not have such authority, you must not accept these Terms or use the Service on behalf of such
entity.
1. Acceptance of Terms
By creating an account, accessing, or using the INNsight PMS, you acknowledge that you have read,
understood, and agree to be bound by the entirety of these Terms. Your continued use of the Service
signifies your ongoing acceptance of these Terms and any future modifications. If you do not agree
with any part of these Terms, you must immediately cease all use of the Service.
2. Description of Service
The INNsight PMS is a cloud-based software solution designed to be a comprehensive command center for
hotels and other accommodation providers, assisting with the management of their property operations.
This includes, but is not limited to, managing guest reservations from various sources, streamlining
guest check-in and check-out procedures, dynamically assigning rooms, managing room inventory and rate
plans across multiple channels, generating invoices and managing guest folios, compiling detailed
operational and financial reports, and facilitating integrations with various third-party services
(e.g., channel managers, online travel agencies, payment gateways, and point-of-sale systems).
We reserve the right to modify, enhance, add to, or discontinue any aspect, feature, or function of
the Service, temporarily or permanently, with or without notice to you. You agree that we will not be
liable to you or any third party for any such modification, suspension, or discontinuance of the
Service.
2.1. Optional Services and Features
The Service may include or offer access to optional services, features, or modules, such
as the "INNsight Payments" feature. Your use of such optional services is not mandatory and may be
subject to your explicit opt-in, which may be indicated through a user interface mechanism (e.g., by
selecting a checkbox during account setup or service activation). These optional services may also be
governed by separate terms and conditions or agreements ("Additional Terms"), which will be clearly
presented to you for your review and acceptance before you can use such services. For example, use of
INNsight Payments is subject to the Additional Terms set forth in Schedule A: INNsight Payments -
Additional Terms, appended hereto. By opting into and using such optional services, you agree to be
bound by any applicable Additional Terms, which will then be deemed a part of these Terms solely with
respect to your use of that specific optional service.
3. Service Level Agreement (SLA) and Uptime
INNsight is committed to providing a reliable and accessible Service. We will use commercially
reasonable efforts to make the Service available with a high level of uptime, consistent with industry
standards. However, access to the Service is not guaranteed to be available at all times, nor is it
guaranteed to be uninterrupted or error-free. The Service may be subject to planned maintenance,
emergency maintenance, updates, hardware failures, telecommunication issues, internet service provider
outages, and other factors beyond our reasonable control that may result in temporary interruptions.
You acknowledge and agree that INNsight will not be liable for any damages or losses arising from such
interruptions or lack of availability. We will endeavor to provide reasonable advance notice of
planned maintenance that is likely to affect Service availability, typically by posting a notification
within the Service or via email.
4. User Accounts and Responsibilities
- Account Creation:
To use the Service, you must register for an account. You agree to provide accurate, current, and
complete information during the registration process, as this information is critical for billing,
notices, and other communications. You agree to promptly update such information to keep it
accurate, current, and complete.
- Account Security:
You are responsible for safeguarding your account password and for any and all activities or actions
that occur under your account, whether or not you have authorized such activities or actions. You
are responsible for setting a strong password and maintaining its confidentiality. You agree to
notify INNsight immediately of any unauthorized use of your account or any other breach of security.
INNsight will not be liable for any loss or damage arising from your failure to comply with this
security obligation.
- Authorized Users:
You may authorize your employees or designated agents ("Authorized Users") to access and use the
Service through your account. You are fully responsible and liable for ensuring that your Authorized
Users comply with all provisions of these Terms and for all activities conducted by your Authorized
Users within the Service. Any breach of these Terms by an Authorized User will be deemed a breach by
you.
- Compliance with Laws:
You agree to use the Service in compliance with all applicable local, state, national, and
international laws, rules, and regulations. This includes, without limitation, any laws regarding
data privacy (such as GDPR or CCPA), consumer rights, taxation, and the transmission of technical
data exported from your country of residence.
5. Fees and Payment
- Subscription Fees:
Access to the Service requires payment of subscription fees, calculated based on the number of units
at your property. The standard subscription fees are as follows:
- For properties with fewer than 100 units: $99 per month.
- For properties with 100 or more units: $199 per month.
Additional fees for add-on modules, other subscription terms, and payment methods may be
specified at the time of purchase or as otherwise agreed upon in a separate agreement (e.g., a
Service Order Form). Fees are subject to change as per Section 5, subsection "Changes in Fees,
Promotions, and Adjustments." Fees for optional services like INNsight Payments are outlined in
their respective Additional Terms (e.g., Schedule A).
- Payment Terms:
You agree to pay all fees or charges to your account in accordance with the fees, charges, and
billing terms in effect at the time a fee or charge is due and payable. All payment obligations for
the duration of your subscription term are non-cancelable, and all amounts paid are non-refundable,
except as may be expressly provided otherwise in these Terms or required by law.
- Taxes:
All fees are stated exclusive of all taxes, levies, or duties imposed by taxing authorities. You
shall be responsible for payment of all such taxes, levies, or duties, excluding only United States
(federal or state) taxes based solely on INNsight's income.
- Changes in Fees, Promotions, and Adjustments:
We reserve the right to change subscription pricing, increase prices, bundle software, or modify
billing methods upon 30 days' notice. Such notice may be provided at any time by posting the changes
to the INNsight website or by sending an email to the address associated with your account. We also
reserve the right to run discounts and provide promotions at any time, at our sole discretion. The
payment terms of your subscription, including the subscribed rate, will be based on the terms in
effect at the time of your initial subscription or any subsequent renewal. To be clear, no refunds,
credits, or adjustments will be made for price changes or for promotional offers that are made
available after your subscription has commenced or renewed.
- Late Payments:
Any late payments shall be subject to a service charge equal to 1.5% per month of the amount due or
the maximum amount allowed by law, whichever is lower. Failure to pay fees on time may result in
suspension or termination of your access to the Service.
6. Data Privacy and Security
- Your Data:
You retain all ownership rights to the data, information, and content (including guest information,
financial data, and operational data) that you or your Authorized Users input or upload into the
Service ("Your Data"). For the purposes of data protection laws, you are the "data controller" of
this information. You are solely responsible for the accuracy, quality, integrity, legality,
reliability, and appropriateness of Your Data.
- Our Use of Your Data:
We will only use Your Data to provide and improve the Service, for technical support, and as
otherwise permitted by these Terms or our Privacy Policy. Improving the service may include
analyzing aggregated, anonymized data to identify usage trends, diagnose problems, and develop new
features and functionalities. We will not use Your Data for any other purpose without your explicit
consent. Specific data handling practices for INNsight Payments are detailed in Schedule A.
- Data Security:
INNsight will implement and maintain commercially reasonable administrative, physical, and technical
safeguards designed to protect the security, confidentiality, and integrity of Your Data. However,
you acknowledge that no security measures are 100% effective or impenetrable, and we cannot
guarantee that unauthorized third parties will never be able to defeat our security measures or use
Your Data for improper purposes.
- Data Backup:
We perform regular backups of Your Data as part of our standard operating procedures. However, we do
not guarantee that there will be no loss or corruption of data. We strongly recommend that you
maintain your own independent backups of Your Data.
7. Intellectual Property
- INNsight IP:
The Service, including its underlying software, algorithms, workflows, design, text, graphics,
logos, user interfaces, "look and feel," photographs, trademarks, trade secrets, computer code, and
all other elements of the Service (collectively, "INNsight IP"), are owned by INNsight or its
licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual
property or proprietary rights laws.
- License to Use Service:
Subject to your compliance with these Terms and payment of all applicable fees, INNsight grants you
a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use
the Service for your internal business operations during the applicable subscription term. This
license is granted to you only and does not permit use by any third party, affiliate, or for the
purpose of operating a service bureau.
- Restrictions:
You shall not (and shall not permit any third party to): (a) copy, modify, create derivative works
of, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of
the Service; (b) sell, resell, license, sublicense, distribute, rent, or lease the Service; (c) use
the Service for any competitive analysis, benchmarking, or to build a competitive product; (d) use
the Service to store or transmit infringing, libelous, or otherwise unlawful or tortious material;
(e) interfere with or disrupt the integrity or performance of the Service; (f) attempt to gain
unauthorized access to the Service or its related systems or networks; or (g) remove, alter, or
obscure any proprietary notices (including copyright and trademark notices) on any portion of the
Service.
8. Third-Party Services and Integrations
The Service may contain features designed to interoperate with third-party applications, websites, or
services (e.g., Online Travel Agencies, payment processors (other than those used by INNsight Payments
as detailed in Schedule A), channel managers) ("Third-Party Services"). INNsight does not endorse and
is not responsible or liable for any Third-Party Services. Your use of Third-Party Services is subject
to the terms and conditions and privacy policies of the applicable third-party providers.
INNsight is not responsible for errors, inaccuracies, or omissions in information or reservations
supplied by Third-Party Services. INNsight is not affiliated with such Third-Party Services other than
through the provision of API connections. INNsight does not warrant the connectivity to Third-Party
Services, nor its accuracy or uptime. It is solely your responsibility to ensure that all bookings,
modifications, and cancellations originating from Third-Party Services are accurate and correctly
reflected within the Service. You are responsible for regularly reconciling any discrepancies, such as
rate mismatches or overbookings, between the Service and the records held by Third-Party Services.
9. Prohibited Conduct
You agree not to use the Service for any unlawful purpose or in any way that could damage, disable,
overburden, or impair the Service. Prohibited conduct includes, but is not limited to:
- Violating any applicable laws or regulations.
- Impersonating any person or entity, or falsely stating your affiliation with a person or entity.
- Uploading any content that is unlawful, harmful, defamatory, obscene, invasive of another's
privacy, or otherwise objectionable.
- Attempting to probe, scan, or test the vulnerability of the Service or any related system or
network.
- Using any automated system, including "robots" or "spiders," to access the Service in a manner
that sends more request messages to the INNsight servers than a human can reasonably produce in the
same period.
Additional prohibited conduct specific to INNsight Payments is detailed in Schedule A.
10. Term and Termination
- Termination by INNsight: INNsight may suspend or terminate your access to all or any part
of the Service at any time, with or without cause, with or without notice, effective immediately,
if:
- You breach any material provision of these Terms or any applicable Additional Terms (including
Schedule A).
- You fail to pay any fees when due.
- Your use of the Service poses a security risk to the Service or to other users.
- We are required to do so by law.
- We cease to offer the Service or the specific optional service.
Additional termination rights specific to INNsight Payments are detailed in Schedule A.
- Effect of Termination:
Upon termination, your right to use the Service will immediately cease. You will remain liable for
all outstanding fees incurred prior to termination. INNsight will have no obligation to maintain or
provide Your Data and may thereafter, unless legally prohibited, delete all Your Data from our
systems. We will provide you a reasonable opportunity (e.g., 30 days), upon your written request and
provided all outstanding fees are paid, to export Your Data. It is your responsibility to secure
this data before the end of this period.
- Survival:
Sections 5 (Fees and Payment), 6 (Data Privacy and Security), 7 (Intellectual Property), 8
(Third-Party Services and Integrations), 10 (Effect of Termination, Survival), 11 (Disclaimers and
Limitation of Liability), 12 (Indemnification), 13 (Governing Law and Dispute Resolution), and 15
(General Provisions), as well as applicable surviving sections of any Additional Terms (including
Schedule A), shall survive any termination or expiration of these Terms.
11. Disclaimers and Limitation of Liability
- Disclaimer of Warranties:
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, INNSIGHT
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. INNSIGHT DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT IT
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE
IS AT YOUR SOLE RISK. THIS DISCLAIMER APPLIES TO THE UPTIME OF THE SERVICE (SECTION 3) AND THE
RELIABILITY OF DATA FROM THIRD-PARTY SERVICES (SECTION 8). SPECIFIC DISCLAIMERS RELATED TO INNSIGHT
PAYMENTS ARE DETAILED IN SCHEDULE A.
- Limitation of Liability:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL INNSIGHT, ITS AFFILIATES,
DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR
OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICE.
INNSIGHT WILL NOT BE RESPONSIBLE FOR ANY REVENUE LOSS DUE TO THE USE OR INABILITY TO USE ITS
SOFTWARE.
IN NO EVENT SHALL INNSIGHT'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF
ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICE
DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM. THE LIMITATIONS OF
LIABILITY FOR INNSIGHT PAYMENTS ARE FURTHER ADDRESSED IN SCHEDULE A.
- Basis of the Bargain:
You acknowledge that INNsight has set its prices and entered into these Terms in reliance upon the
limitations of liability and the disclaimers of warranties set forth herein, and that the same form
an essential basis of the bargain between you and INNsight.
12. Indemnification
You agree to defend, indemnify, and hold harmless INNsight, its affiliates, officers, directors,
employees, and agents from and against any and all claims, damages, obligations, losses, liabilities,
costs or debt, and expenses (including but not limited to attorney's fees) arising from: (a) your use
of and access to the Service; (b) your violation of any term of these Terms or any applicable
Additional Terms; (c) your violation of any third-party right, including any copyright, property, or
privacy right; (d) any claim that Your Data caused damage to a third party; or (e) your reliance on
Third-Party Services. This defense and indemnification obligation will survive these Terms. Specific
indemnification obligations related to INNsight Payments are detailed in Schedule A.
13. Governing Law and Dispute Resolution
- Governing Law:
These Terms shall be governed by the laws of the State of California, United States, without regard
to its conflict of law principles.
- Dispute Resolution: Any dispute arising out of or relating to these Terms shall be
determined by arbitration in San Francisco, California before one arbitrator. The arbitration shall
be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. This clause
shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of
appropriate jurisdiction.
- Class Action Waiver:
YOU AND INNSIGHT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL
CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE
PROCEEDING.
14. Modifications to Terms
INNsight reserves the right, at its sole discretion, to modify or replace these Terms (including any
Additional Terms like Schedule A) at any time. If a revision is material, we will provide at least 30
days' notice. By continuing to access or use our Service after those revisions become effective, you
agree to be bound by the revised terms.
15. General Provisions
-
Entire Agreement:
These Terms, our Privacy Policy, Schedule A (if applicable), and any Service Order Forms constitute
the entire agreement between you and INNsight and supersede all prior communications and proposals.
-
Severability:
If any provision of these Terms is found to be unenforceable or invalid, that provision will be
limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in
full force and effect.
-
Assignment:
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by
you, but may be assigned by INNsight without restriction.
16. Contact Information
If you have any questions about these Terms, please contact us at:
INNsight.com, Inc.
2445 Ocean Avenue, San Francisco, CA 94127
Email: [email protected]
Phone: (415) 988-7972
By using the INNsight PMS, you signify your acceptance of these Terms of Service. If you opt into
and use INNsight Payments, you also signify your acceptance of the terms outlined in Schedule A.
Schedule A: INNsight Payments - Additional Terms
These Additional Terms for INNsight Payments ("Payments Terms") supplement the Main Terms and
govern your use of the INNsight Payments feature ("Payments Service").
-
Acceptance of Payments Terms
Your use of INNsight Payments is conditional upon your acceptance of these Payments Terms, which
you accept by explicitly opting into the Payments Service and by your continued use of it.
-
Description of INNsight Payments Service
INNsight Payments facilitates the processing of electronic payments from your guests or customers
("Customers") for services or goods you provide.
-
Relationship with Third-Party Payment Processors
- INNsight utilizes third-party payment processing service providers (each a "Payment
Processor," e.g., Stripe, Adyen, North) to provide the Payments Service.
- To use INNsight Payments, you may be required to create an account directly with a Payment
Processor, subject to their "Processor Terms." You agree to comply with all applicable
Processor Terms.
- INNsight is a technology provider, not a bank or money services business. INNsight
facilitates the connection to Payment Processors but does not hold or transmit funds. Your
relationship regarding the settlement of funds is with the Payment Processor.
-
Your Responsibilities for INNsight Payments
- Compliance: You agree to comply with all laws and industry standards related to your use of
INNsight Payments, including PCI DSS.
- PCI DSS Compliance: While INNsight and its Payment Processors maintain certain PCI DSS
compliance obligations, you acknowledge your own responsibilities, particularly concerning how
you handle cardholder data. You agree not to store cardholder data, such as full credit card
numbers or security codes, on your local systems in an unencrypted format.
- Customer Service: You are solely responsible for providing customer service to your
Customers for all issues related to your goods and services.
-
Fees and Charges for INNsight Payments
- Transaction Fees: You agree to pay the transaction fees ("Payment Fees") as set forth in
the pricing schedule provided to you. Payment Fees may be a percentage of the transaction
amount, a fixed fee, or a combination, and are subject to change.
- Payment of Fees: You authorize INNsight and/or the Payment Processor to deduct all
applicable Payment Fees from your transaction settlements.
- Other Fees: You are also responsible for any fees charged directly by the Payment Processor
and any fees related to chargebacks or disputes.
-
Data Handling and Security for Payments
- Payment Data: INNsight does not store full credit card numbers. Sensitive payment
information is transmitted directly to the Payment Processor. INNsight may store non-sensitive
tokens to facilitate future transactions, in accordance with PCI DSS guidelines.
- Your Data Usage: You agree to use any payment-related data accessed through INNsight
Payments solely for processing authorized transactions and in compliance with all applicable
laws and your own privacy policy.
-
Prohibited Activities for INNsight Payments
In addition to the Prohibited Conduct in the Main Terms, you agree not to use INNsight Payments
for any fraudulent or illegal transactions, or for any activity that violates payment card network
rules or Processor Terms.
-
Chargebacks, Disputes, and Refunds
- Responsibility: You are solely and fully responsible for all chargebacks, disputes,
refunds, and any associated fees or penalties ("Disputed Transactions"). You acknowledge that
the risk for all such transactions rests with you, not INNsight.
- Cooperation: You agree to cooperate fully with INNsight and the relevant Payment Processor
in resolving any Disputed Transactions.
- Funds: INNsight or the Payment Processor may withhold funds from your settlements to cover
Disputed Transactions. If your funds are insufficient, you agree to pay the outstanding amount
immediately upon demand.
-
Suspension and Termination of INNsight Payments
- INNsight may suspend or terminate your access to INNsight Payments immediately and without
notice if you breach these Payments Terms, engage in fraudulent or excessively risky activity,
experience an unacceptably high level of Disputed Transactions, or if required by a Payment
Processor or by law.
- Termination of the Main Terms will automatically terminate your access to INNsight Payments.
-
Indemnification for INNsight Payments
In addition to the indemnification obligations in the Main Terms, you agree to indemnify, defend,
and hold harmless INNsight from any and all claims and liabilities arising out of or relating to:
your use of INNsight Payments; any Disputed Transactions; your failure to comply with PCI DSS or
other laws; any breach of these Payments Terms; or any claim by a Customer related to a payment
transaction.
-
Limitation of Liability for INNsight Payments
- INNsight is not liable for the actions or omissions of any Payment Processor, including any
downtime or processing errors on their part.
- INNsight's liability for issues arising specifically from the INNsight Payments feature will
be subject to the limitations in the Main Terms. INNsight shall not be liable for losses from
unauthorized transactions unless caused solely by INNsight's gross negligence.
- The total aggregate liability of INNsight related specifically to INNsight Payments shall
not exceed the total Payment Fees paid by you to INNsight for the Payments Service during the
three (3) months immediately preceding the event giving rise to the claim.
-
Conflict
If there is any conflict between these Payments Terms and the Main Terms, these Payments Terms
shall govern solely with respect to your use of INNsight Payments.
By using INNsight Payments, you acknowledge that you have read, understood, and agree to be bound
by these Schedule A: INNsight Payments - Additional Terms.