Legal

PropyPoint Legal Documents (English)

Terms and Conditions

Last updated: 4 April 2026

These Terms and Conditions ("Terms") govern access to and use of the PropyPoint software platform and related website and services (collectively, the "Services").

The Services are provided by:

Luis Hoffmann
Sulzerallee 77
8404 Winterthur
Switzerland
Email: [insert legal/contact email]

By registering for, accessing, or using the Services, you agree to be bound by these Terms. If you do not agree, you must not use the Services.

1. Scope and Business Use Only

1.1 PropyPoint is software for the management of short-term rental operations.

1.2 The Services are offered exclusively for business and professional purposes. They are not intended for consumers acting primarily for personal, family, or household purposes.

1.3 You may use the Services only if you are at least 18 years old and legally capable of entering into binding contracts.

1.4 If you use the Services on behalf of a company or other organization, you represent and warrant that you have authority to bind that entity to these Terms.

2. Description of the Services

2.1 PropyPoint is a software-only offering. Unless explicitly agreed otherwise in writing, no onboarding, implementation, migration, consulting, support, response times, uptime commitments, or service levels are included.

2.2 The Services may include, among other things, booking management, calendar synchronization, guest/contact management, automated messaging, staff coordination, financial overviews, seasonal pricing, webhook-based smart home functionality, and related operational tools.

2.3 Certain features may be marked or offered as beta, preview, experimental, or similar. Such features are provided on an "as available" and "as is" basis and may be modified, restricted, or withdrawn at any time.

2.4 We may update, improve, change, suspend, or discontinue parts of the Services at any time.

3. Account Registration and Security

3.1 To use the Services, you must create an account and provide accurate, complete, and up-to-date information.

3.2 You are responsible for maintaining the confidentiality of your login credentials and for all activities occurring under your account.

3.3 You must promptly notify us of any unauthorized use of your account or any security incident affecting your account.

3.4 We may require email verification or other verification steps before activating or maintaining your account.

4. Trial Period

4.1 New users may receive a 14-day free trial, as offered on the website or in the application at the relevant time.

4.2 During the trial, you may receive access to some or all features of the Services.

4.3 At the end of the trial, if no paid subscription is activated, your account may become read-only or otherwise restricted.

4.4 We may modify, withdraw, or limit any free trial offer at any time.

5. Subscription, Fees, Billing, and Payment

5.1 After the trial period, continued active use of the Services requires a paid monthly subscription.

5.2 Subscription fees are charged in euros (EUR) and are billed monthly.

5.3 Subscription payments are processed through PayPal. Your use of PayPal is subject to PayPal's own terms, conditions, and privacy practices.

5.4 Subscription fees are payable in advance for each billing period.

5.5 The minimum subscription term is one month.

5.6 Subscriptions renew automatically for successive monthly periods unless cancelled before the end of the current billing period.

5.7 You may cancel at any time with effect at the end of the current billing period through the billing interface or other method we make available.

5.8 No refunds are provided for partial billing periods, unused time, downgrades during a billing period, accidental non-use, or termination for breach, except where mandatory law requires otherwise.

5.9 Unless otherwise stated, prices are shown without VAT. If VAT or any similar tax becomes legally applicable, we may add it as required by law.

6. Late Payment and Deactivation

6.1 If payment is overdue, we may suspend or restrict access to the Services.

6.2 If payment remains outstanding for more than one month, we may deactivate the account.

6.3 Suspension, restriction, or deactivation for non-payment does not release you from your obligation to pay outstanding amounts.

7. Customer Data and Retention After Termination

7.1 As between you and us, you retain ownership of the content, listings, reservation data, guest/contact data, messages, files, and other data you upload to or process through the Services ("Customer Data").

7.2 You grant us a worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, transmit, and otherwise use Customer Data solely as necessary to provide, maintain, secure, improve, and administer the Services and to comply with legal obligations.

7.3 You also grant us the right to use anonymized and aggregated data derived from use of the Services for analytics, benchmarking, security, and product improvement, provided such data does not identify you, your guests, or any natural person.

7.4 Following termination or deactivation, we may retain Customer Data for up to 3 months, after which we may delete it unless longer retention is required by law or justified for legitimate legal, accounting, fraud-prevention, or enforcement purposes.

7.5 You are responsible for exporting any data you wish to retain before final deletion.

8. Data Protection and Roles

8.1 Each party shall comply with applicable data protection laws.

8.2 To the extent we process personal data on your behalf in connection with guest, contact, reservation, or other customer-related data, you are the controller or responsible party for such data, and we act as your processor or service provider to the extent provided by applicable law.

8.3 Our handling of personal data for our own business purposes, such as account management, billing, website operation, and legal compliance, is described in our Privacy Policy.

8.4 You are solely responsible for ensuring that you have a valid legal basis and all required notices, permissions, and policies for the personal data you input into the Services.

9. Acceptable Use and Prohibited Conduct

You must not, and must not permit others to:

9.1 use the Services for unlawful, fraudulent, misleading, or abusive purposes;

9.2 use the Services in violation of rental, housing, tourism, tax, sanctions, consumer, privacy, or other applicable laws or regulations;

9.3 upload, transmit, or store malicious code, malware, spyware, or harmful content;

9.4 interfere with, disrupt, damage, test vulnerabilities of, or gain unauthorized access to the Services or related systems;

9.5 copy, resell, sublicense, lease, distribute, reverse engineer, decompile, scrape, mirror, frame, or create derivative works of the Services except to the extent mandatory law prohibits such restriction;

9.6 misuse guest or contact data, send unlawful communications, or engage in spam;

9.7 use the Services to infringe intellectual property, privacy, publicity, or other rights of third parties;

9.8 misrepresent identity, ownership, property availability, or booking information;

9.9 use the Services in a way that could impair the proper functioning, security, or integrity of the Services.

10. Third-Party Services and Integrations

10.1 The Services may interoperate with third-party services, platforms, payment providers, APIs, websites, software, hardware, webhooks, or other integrations, including PayPal and external booking/calendar services.

10.2 Third-party integrations are provided on an "as available" basis only. We do not control third-party services and do not guarantee their availability, compatibility, functionality, performance, legality, or continued operation.

10.3 We are not responsible for outages, API changes, sync failures, listing suspensions, payout delays, data inaccuracies, or other errors, losses, or damages caused by third-party providers or services.

10.4 Your use of any third-party service is subject to that provider's own terms and privacy practices.

11. Customer Responsibilities

11.1 You are solely responsible for your properties, listings, prices, booking rules, guest communications, taxes, regulatory compliance, permits, insurance, house rules, cancellation terms, tourism obligations, registrations, and all business decisions made using the Services.

11.2 You are solely responsible for compliance with all laws applicable to short-term rentals in the jurisdictions where you operate, including licensing, zoning, tax, reporting, registration, and consumer protection requirements.

11.3 The Services are a software tool only. We do not act as a property manager, booking agent, broker, travel agency, merchant of record, fiduciary, tax adviser, legal adviser, or regulatory adviser.

11.4 You are responsible for maintaining your own backups and records to the extent necessary for your business and compliance obligations.

12. Intellectual Property

12.1 The Services, including all software, code, design, structure, content created by us, branding, logos, trademarks, and related intellectual property, remain our exclusive property or that of our licensors.

12.2 Except for the limited rights expressly granted in these Terms, no rights are transferred to you.

12.3 Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable right during the subscription term to access and use the Services for your internal business operations.

12.4 You may use our name and logo solely to identify that you use PropyPoint, provided such use is truthful, non-misleading, and complies with any brand guidance we may provide.

12.5 Unless you notify us otherwise in writing, you grant us the right to identify you by name, logo, and general description as a customer or reference on our website, sales materials, and similar business communications.

13. Suspension and Termination

13.1 You may terminate your subscription at any time with effect at the end of the current billing period.

13.2 We may suspend or terminate your access immediately, with or without notice, if: a) you breach these Terms; b) payment is overdue; c) your use creates security, legal, reputational, or operational risk; d) we reasonably suspect fraud, abuse, or unlawful activity; or e) we are required to do so by law or by a third-party provider.

13.3 Upon termination, your right to access and use the Services ends immediately, except to the extent we allow limited read-only or export access.

13.4 Sections that by their nature should survive termination will survive, including those relating to fees, liability, intellectual property, data use rights, confidentiality, governing law, and dispute resolution.

14. No Warranties

14.1 The Services are provided "as is" and "as available."

14.2 To the maximum extent permitted by law, we disclaim all warranties, representations, and conditions, whether express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, uninterrupted availability, accuracy, reliability, or fitness for your business needs.

14.3 We do not warrant that the Services will be uninterrupted, error-free, secure, available at any particular time, or free from loss, corruption, delay, or incompatibility.

14.4 We do not warrant any business outcome, booking increase, occupancy result, revenue result, compliance result, or cost savings.

15. Limitation of Liability

15.1 To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, punitive, exemplary, or consequential damages, or for any loss of profits, revenue, business, goodwill, bookings, data, expected savings, or business opportunity.

15.2 To the maximum extent permitted by law, we shall not be liable for: a) acts or omissions of customers, guests, property owners, staff, contractors, or third parties; b) failures or changes of third-party services, integrations, APIs, marketplaces, payment providers, or internet/network services; c) errors in customer-entered data or data supplied by third parties; d) unlawful or non-compliant rental activity; e) tax, legal, regulatory, zoning, permit, licensing, or registration issues; f) unauthorized access caused by your failure to secure credentials or systems; g) loss of data where you failed to maintain appropriate backups.

15.3 Our total aggregate liability arising out of or in connection with the Services or these Terms shall not exceed the total subscription fees actually paid by you to us in the 12 months preceding the event giving rise to the claim.

15.4 Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by mandatory law.

16. Indemnification

You agree to indemnify and hold harmless Luis Hoffmann and his affiliates, contractors, and representatives from and against claims, liabilities, damages, losses, fines, penalties, and expenses, including reasonable legal fees, arising out of or related to: a) your use of the Services; b) your Customer Data; c) your breach of these Terms; d) your violation of law or third-party rights; or e) your rental business, listings, guests, properties, or operations.

17. Confidentiality

17.1 Each party may receive non-public information of the other party in connection with the Services.

17.2 The receiving party shall use such confidential information only as necessary for the purposes of these Terms and shall protect it with reasonable care.

17.3 This section does not apply to information that is public without breach, already lawfully known, independently developed, or lawfully obtained from a third party.

18. Force Majeure

We shall not be liable for delay, non-performance, or interruption caused by events beyond our reasonable control, including natural disasters, war, terrorism, cyberattacks, labor disputes, internet outages, infrastructure failures, governmental actions, or third-party service failures.

19. Changes to the Services and Terms

19.1 We may modify these Terms from time to time.

19.2 Updated Terms become effective upon publication on the website or within the Services, or on the date otherwise indicated.

19.3 If a change materially adversely affects you, we may provide notice by email or through the Services.

19.4 Your continued use of the Services after the effective date of updated Terms constitutes acceptance of the revised Terms.

20. Notices

20.1 You agree that we may provide notices electronically, including by email, through the website, or through the Services.

20.2 Legal notices to us should be sent to the contact details published in the legal notice/imprint or otherwise designated by us.

21. Governing Law and Jurisdiction

21.1 These Terms are governed by the substantive laws of Switzerland, without regard to conflict of law rules.

21.2 The courts of Winterthur, Switzerland shall have exclusive jurisdiction, subject to mandatory law.

22. Language

These Terms may be provided in English and German. In the event of conflict or inconsistency, the English version shall prevail.

23. Miscellaneous

23.1 If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force and effect.

23.2 Our failure to enforce any provision is not a waiver.

23.3 You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a business transfer, restructuring, or sale of the Services.

23.4 These Terms, together with any policies expressly incorporated by reference, constitute the entire agreement between you and us regarding the Services.

Privacy Policy

Last updated: 4 April 2026

This Privacy Policy explains how personal data is collected, used, disclosed, and otherwise processed in connection with the PropyPoint website, software platform, and related services.

1. Who We Are

Luis Hoffmann
Sulzerallee 77
8404 Winterthur
Switzerland
Email: [insert privacy contact email]

2. Scope

This Privacy Policy applies to personal data processed when you visit our website, create or use a PropyPoint account, subscribe to or pay for the Services, contact us, or when we process data for security, legal, and operational purposes.

3. Categories of Personal Data

We may process account and identity data, business and subscription data, usage and technical data, communications data, customer content and operational data, and limited payment data received from PayPal.

4. How We Collect Personal Data

We collect personal data directly from you, automatically through use of the website and Services, from payment providers such as PayPal, and from integrations or third-party services you connect.

5. Purposes of Processing

We process personal data to provide and operate the Services, manage accounts, process subscriptions and payments, enable features, maintain security, improve the Services, communicate with users, comply with legal obligations, and enforce our rights.

6. Legal Bases

Where required, we rely on contract performance, legitimate interests, legal obligations, and consent where applicable.

7. Customer Data and Processor Role

When customers use PropyPoint to store or manage guest, reservation, contact, staff, or other operational data, we generally process that data on behalf of the customer.

8. Sharing of Personal Data

We may share personal data with PayPal, hosting and infrastructure providers in the EU, email and technical service providers, professional advisers, competent authorities where required, and business transferees.

9. International Data Transfers

We are based in Switzerland and use hosting in the EU. Personal data may be processed in Switzerland, the EEA, and other jurisdictions depending on our service providers and customers' use of the Services.

10. Retention

We retain personal data only as long as necessary. Customer account and operational data may be retained for up to 3 months after termination or deactivation, after which it may be deleted unless longer retention is required or justified.

11. Security

We use reasonable technical and organizational measures to protect personal data, but no system can guarantee absolute security.

12. Your Rights

Depending on applicable law, you may have rights of access, correction, deletion, restriction, objection, portability, and withdrawal of consent where relevant. Contact: [insert privacy email]

13. Cookies and Similar Technologies

We may use cookies, local storage, and similar technologies necessary for functionality, authentication, security, analytics, and user experience.

14. Children

The Services are not intended for individuals under 18, and we do not knowingly offer the Services to minors.

15. Changes to This Privacy Policy

We may update this Privacy Policy from time to time. The updated version becomes effective when published on the website or in the Services.

16. Contact

Luis Hoffmann
Sulzerallee 77
8404 Winterthur
Switzerland
Email: [insert privacy contact email]

Data Processing Agreement (DPA)

Last updated: 4 April 2026

This Data Processing Agreement ("DPA") forms part of the agreement between the customer and Luis Hoffmann governing the use of the PropyPoint services.

It applies where PropyPoint processes personal data on behalf of the Customer.

Core points: Customer acts as controller; PropyPoint acts as processor; processing covers hosting, booking management, calendar synchronization, contact/guest management, communications, security, and technical operation; subprocessors may include EU hosting providers, PayPal, and essential email/technical service providers; customer data may be retained for up to 3 months after termination; liability follows the Terms.

Cookie Notice

Last updated: 4 April 2026

This Cookie Notice explains how PropyPoint uses cookies and similar technologies on its website and, where applicable, within the Services.

We may use strictly necessary cookies, functional cookies, analytics cookies, and limited third-party cookies. Where required by law, we obtain consent before placing non-essential cookies.