Terms and Conditions
These Terms and Conditions (“Terms”) govern your use of Ocean Point Inc’s website, software platforms, and hospitality technology services. By accessing or using our services, you agree to be bound by these Terms.
1. Acceptance of Terms
By accessing our website or using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not use our services.
2. Description of Services
Ocean Point Inc provides hospitality technology solutions including:
- Digital guest experience platforms
- Property management software
- IoT solutions for hotels and resorts
- Revenue management and analytics tools
- Integration services with existing hotel systems
3. Eligibility
You must be at least 18 years old and have the legal authority to enter into contracts to use our services. By using our services, you represent and warrant that you meet these requirements.
4. User Accounts
Account Creation
You may need to create an account to access certain services. You agree to:
- Provide accurate, current, and complete information
- Maintain the security of your account credentials
- Promptly update any changes to your information
- Notify us immediately of any unauthorized use
Account Responsibility
You are responsible for all activities that occur under your account. We are not liable for any loss or damage arising from unauthorized use of your account.
5. Acceptable Use
You agree to use our services only for lawful purposes and in accordance with these Terms. You will not:
- Violate any applicable laws or regulations
- Infringe on the rights of others
- Transmit harmful, offensive, or inappropriate content
- Attempt to gain unauthorized access to our systems
- Interfere with or disrupt our services
- Use our services for competitive analysis or reverse engineering
6. Intellectual Property Rights
Our Content
All content, software, and materials provided through our services are owned by Ocean Point Inc or our licensors and are protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works without our written permission.
User Content
You retain ownership of content you provide to us. By submitting content, you grant us a non-exclusive, worldwide, royalty-free license to use, modify, and display such content in connection with providing our services.
7. Payment Terms
Fees
Service fees are as specified in your service agreement or subscription plan. All fees are non-refundable unless otherwise stated.
Payment Methods
We accept ACH transfers, wire transfers, and credit card payments through secure merchant processing. Payment terms are typically net 30 days unless otherwise agreed.
Late Payments
Late payments may result in service suspension and additional fees as specified in your service agreement.
8. Service Level Agreements
We strive to provide reliable services with maximum uptime. Specific service level commitments are detailed in individual service agreements. We will use commercially reasonable efforts to meet stated performance standards.
9. Data and Privacy
Data Processing
We process data in accordance with our Privacy Policy and applicable data protection laws. For hospitality clients, we act as a data processor for guest information.
Data Security
We implement industry-standard security measures to protect your data. However, no system is completely secure, and we cannot guarantee absolute security.
Data Backup
We maintain regular backups of client data, but you are responsible for maintaining your own backup copies of critical information.
10. Limitation of Liability
To the maximum extent permitted by law:
- Our total liability for any claims will not exceed the fees paid by you in the 12 months preceding the claim
- We are not liable for indirect, incidental, special, or consequential damages
- We do not warrant that our services will be uninterrupted or error-free
11. Indemnification
You agree to indemnify and hold Ocean Point Inc harmless from any claims, damages, or expenses arising from:
- Your use of our services
- Your violation of these Terms
- Your violation of any rights of others
- Your negligent or wrongful conduct
12. Termination
Termination by You
You may terminate your account at any time by providing written notice. You remain responsible for all fees incurred prior to termination.
Termination by Us
We may terminate or suspend your access immediately for:
- Violation of these Terms
- Non-payment of fees
- Suspected fraudulent or illegal activity
- Breach of security or misuse of services
Effect of Termination
Upon termination, your right to use our services ceases immediately. We will provide reasonable assistance for data export within 30 days of termination.
13. Modifications to Services and Terms
We reserve the right to modify our services or these Terms at any time. Material changes will be communicated through:
- Email notification to registered users
- Prominent website notices
- Updated terms with revision dates
Continued use of our services after changes constitutes acceptance of modified terms.
14. Third-Party Services
Our services may integrate with third-party platforms and services. We are not responsible for the availability, functionality, or terms of third-party services. Your use of third-party services is subject to their respective terms and conditions.
15. Confidentiality
Both parties acknowledge that they may have access to confidential information. You agree to:
- Maintain the confidentiality of our proprietary information
- Use confidential information only for authorized purposes
- Return or destroy confidential information upon request
16. Force Majeure
We will not be liable for any failure to perform due to circumstances beyond our reasonable control, including natural disasters, government actions, network failures, or other force majeure events.
17. Governing Law and Jurisdiction
These Terms are governed by the laws of the State of Washington, United States, without regard to conflict of law principles. Any disputes will be resolved in the courts of King County, Washington.
18. Dispute Resolution
Initial Resolution
We encourage resolving disputes informally by contacting us at info@oceanpoint.com.
Arbitration
If informal resolution fails, disputes will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.
Class Action Waiver
You agree to resolve disputes individually and waive any right to participate in class action lawsuits.
19. Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
20. Entire Agreement
These Terms, together with our Privacy Policy and any service agreements, constitute the entire agreement between you and Ocean Point Inc regarding the use of our services.
21. Contact Information
For questions about these Terms, contact us:
Ocean Point Inc 5031 35th Ave SW Seattle, WA 98126-2801
Email: info@oceanpoint.com Phone: +1 (631) 410-6865
Business Hours: Monday – Friday, 8:00 AM – 6:00 PM PST
We are committed to addressing your concerns promptly and professionally.
