Terms of Service

1. Agreement to Terms

By accessing or using ListMyHotel.AI (the “Platform”), making payment, or otherwise accepting these terms, you agree to be bound by these Terms of Service. The Platform is operated by HotelKite Inc., a company incorporated in the State of Colorado, USA, with its registered office at E Meadow Vista Cir, Parker, CO 80134.

If you do not agree to these terms, do not use the Platform. We recommend seeking independent legal counsel before engaging our services.

2. Definitions

• “Hotel” — any accommodation establishment including hotels, resorts, guesthouses, homestays, service apartments, B&Bs, boutique hotels, hostels, motels, farm stays, glamping sites, and any other property providing paid temporary lodging.
• “OTA” — an Online Travel Agency, a digital marketplace that facilitates online booking of accommodation between guests and hotels (e.g., Booking.com, Airbnb, Expedia, MakeMyTrip, Agoda).
• “OTA Listing” — the act of creating, configuring, submitting, and activating a hotel's property profile on an OTA platform.
• “Go-Live” — the date on which a hotel's listing becomes published, active, and publicly visible to travellers on an OTA platform.
• “OTA Due Diligence” — the independent verification and quality assessment conducted by each OTA to determine whether a hotel meets its acceptance criteria.
• “Service Fee” — the fee payable to HotelKite Inc. for professional intermediary and project management services.

3. Scope of Services

Subject to receipt of payment and all required documents, ListMyHotel.AI provides the following services:

• AI-powered extraction and configuration of your hotel's property profile.
• Upload and optimisation of room details, photographs, descriptions, amenities, and policies.
• Setup of room categories, rate plans, and cancellation policies per OTA requirements.
• Submission of your listing application and documentation to each selected OTA platform.
• Monitoring and follow-up of the listing application until approval or rejection.
• Communication of Go-Live confirmation and listing details upon successful listing.

4. No Guarantee of OTA Approval

ListMyHotel.AI acts solely as an independent professional service provider. We are not an agent, partner, employee, or representative of any OTA platform.

The final decision to approve, reject, suspend, or delist a hotel rests solely with the respective OTA platform. We do not guarantee that any OTA will accept your listing application. OTA Due Diligence is an independent process and we have no authority to compel or influence an OTA's decision.

We do not guarantee any specific number of bookings, occupancy percentage, revenue, or financial return from OTA listings. Our obligations are obligations of best efforts, not obligations of result.

5. Payment Terms

• All fees are due in advance. Services commence only after payment is confirmed.
• Payments are accepted via credit card, debit card, UPI, bank transfer, or Stripe/Razorpay as applicable.
• All prices are exclusive of applicable taxes (GST for India, sales tax for US) unless stated otherwise.
• A GST-compliant tax invoice is issued upon payment confirmation for Indian transactions.
• All bank charges, payment gateway fees, or currency conversion costs are borne by the client.

6. Client Obligations

• You must provide all required documents and information accurately and promptly.
• You warrant that all information, photographs, and documents provided are true, accurate, complete, and compliant with applicable laws.
• If your hotel was previously listed through another aggregator or channel manager, you must obtain and provide a valid No Objection Certificate (NOC).
• You warrant that your hotel is lawfully established and operating in compliance with all applicable regulations.
• You must respond to all communications within 48 hours and cooperate fully with our listing coordinators.
• Misrepresentation or supply of fraudulent documents may result in OTA rejection, account suspension, and termination of services without refund.

7. Limitation of Liability

Our total aggregate liability under or in connection with these terms shall not exceed the total fees actually paid by you to us.

We are not liable for:

• Loss of bookings, revenue, profit, or anticipated savings.
• OTA rejection, suspension, or delisting of your hotel.
• Technical failures, outages, or policy changes at any OTA platform.
• Changes in OTA commission structures, algorithms, or ranking systems.
• Any indirect, consequential, incidental, or punitive damages.

8. Confidentiality

We unconditionally undertake that we do notshare your hotel's private or confidential information with any person, company, or third party beyond what is strictly necessary to complete the OTA listing you have contracted.

We will not sell, rent, trade, or transfer your data for any commercial, marketing, or profiling purpose. Your documents are encrypted on AWS S3 with bank-grade security.

Confidentiality obligations survive termination of services for a period of three (3) years.

9. Force Majeure

Neither party shall be liable for failure or delay in performance caused by events beyond reasonable control, including natural disasters, pandemics, war, government actions, OTA platform technical failures, internet outages, or cyber-attacks.

10. Dispute Resolution

In the event of any dispute, the parties shall first attempt resolution through good-faith negotiation within 15 business days. If unresolved, disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, with the seat of arbitration in Denver, Colorado.

For clients in India, disputes may alternatively be resolved through arbitration under the Arbitration and Conciliation Act, 1996, with the seat in Bhubaneswar, Odisha, or as mutually agreed.

11. Governing Law

These Terms are governed by the laws of the State of Colorado, United States of America. For Indian clients, applicable Indian legislation — including the Indian Contract Act, 1872, the Information Technology Act, 2000, and the Digital Personal Data Protection Act, 2023 — shall also apply where relevant.

12. Changes to These Terms

We may update these Terms from time to time. Material changes will be communicated via email or a prominent notice on our website. Continued use of our services after such changes constitutes acceptance.

13. Contact