Terms and conditions for guest and end-customer facing apps

Effective 28 September 2026

Preamble

Whereas

1. Klok AD (doing business as Clock Software; "Clock") has developed and provides web apps (the "App") that enable hotel bookings, ordering of extra services, payment processing and other online customer services (such as managing bookings and purchases, online check-in and check-out, guest messaging and preferences), designed for the hospitality industry.
2. The accommodation provider (the "Merchant") operates one or more hotels or other accommodation premises (the "Affiliated Hotel(s)") and uses the App to sell accommodation and other services or goods online, to interact with its guests and to communicate with its customers in connection with the operations of the Affiliated Hotel(s) (the "Merchant goods and services").
3. An entity using the App to purchase accommodation or other services, or to manage its purchases and its relationship with the Merchant, on its own behalf or as an agent for others, is referred to as the customer (the "Customer").
4. All other parties are referred to as third parties ("3rd party").

1. Service terms

1. The App is available to the Customer subject to the Customer's acceptance of and compliance with these terms and conditions (the "Agreement"). By using the App the Customer accepts the Agreement; a Customer who does not agree with any part of it shall not use the App.
2. Clock provides the App to the Customer free of charge. Any accommodation, services or goods purchased through the App are supplied and charged by the Merchant under the terms of sale agreed between the Customer and the Merchant.
3. Clock makes every reasonable effort to keep the App available at all times but does not guarantee that the App will be available without interruption.

2. Direct relationship between the Customer and the Merchant

1. The App assists the Merchant in making certain Merchant goods and services accessible to the Customer. It serves exclusively as a technical communication and data processing facility enabling direct transactions between the Merchant and the Customer.
2. By purchasing or using Merchant goods and services the Customer enters into a direct commercial relationship with the Merchant. Clock is neither an agent nor a reseller of the Merchant.
3. The content displayed in the App (the "Content") — including the description of the Merchant goods and services, the Merchant's legal and contact details, the location and contact details of the Affiliated Hotel, pricing, visuals, logos, purchase, cancellation and stay policies, availability and translations — is provided by the Merchant, which may update or remove it at any time.
4. The App transmits the Customer's orders, inputs and purchases to the Merchant, and the Merchant's availability and pricing updates to the Customer, automatically and as promptly as they occur.
5. Any additional information about the Merchant goods and services, orders and actions is to be sought directly from the Merchant.

3. Limitation of Clock's liability and responsibility

1. The Customer orders, buys and uses the Merchant goods and services at the Customer's own risk.
2. No information in the App creates any warranty or other obligation on the part of Clock.
3. Clock is not liable for the Merchant goods and services and does not examine, verify, translate or guarantee the accuracy of the Content. Claims and disputes are to be directed to the Merchant or to the consumer protection authorities competent for the Merchant.
4. Clock is not liable for the delivery or quality of the Merchant goods and services, including incomplete, failed or late delivery, cancellation, returns, defective goods, losses, missed opportunities or false advertising based on the Content.
5. Some Merchant goods and services may not be appropriate, permitted or available for Customers in particular locations, age groups or other demographics; a Customer who chooses to use them is solely responsible for compliance with the applicable regulations.
6. The Customer shall use the App only in compliance with this Agreement and shall not infringe the intellectual property rights of Clock or of any third party.
7. Nothing in this Agreement limits any liability that cannot be limited under the mandatory law applicable to the Customer.

4. Payment method and processing

1. Payment method on record.
   1. For some transactions the Merchant may require the Customer to provide a payment method (e.g. card details or a digital-wallet authorisation) as a means of payment or guarantee.
   2. The Customer shall not provide a payment method it is not authorised to use.
   3. The Customer authorises Clock, acting on behalf of the Merchant, to store the payment method and to transmit it solely to the Merchant or to a verified payment processor acting for the Merchant.
   4. The authorisation lasts until the latest of: (a) completion of the transaction or relationship for which the payment method was stored; (b) successful processing of all payments due and release of all pending guarantees; (c) the closure of the Customer's account with the Merchant; or (d) the end of any period for which the Merchant is entitled to keep the payment method.
2. Payment processing security.
   1. Clock does not transfer or otherwise provide stored payment method details to anyone other than the Merchant or the verified payment processor acting for the Merchant.
   2. Clock does not use the payment method to process payments on its own account or on behalf of any party other than the Merchant.
   3. Clock maintains PCI DSS Level 1 compliance and certification and the related security measures for the storage and transmission of payment method details at all times. The current Attestation of Compliance is available on request.
3. Manual processing by the Merchant. Where the Merchant does not use a verified payment processor connected to the App, Clock transmits the payment method to the Merchant, which processes payments and guarantees by copying the details from a restricted screen in the App into a terminal provided by its own bank or processor. The Merchant is solely responsible for the security of that handling and for processing payments and deposits in accordance with the terms of sale agreed with the Customer.
4. Automated processing through a verified payment processor. Clock sends requests for the processing of due guarantees and payments to the Merchant's verified payment processor on the basis of instructions, human or automated, from the Merchant's property management system. The Merchant is solely responsible for ensuring that those requests comply with the terms of sale agreed with the Customer.
5. Payment disputes and chargeback requests are to be raised directly with the Merchant; Clock is not liable for their settlement.

5. Privacy, personal data and data processing

1. Roles. The personal data processed through the App is processed on behalf of and under the instructions of the Merchant, which is the data controller. Clock is the data processor, bound by Addendum 1 (Data Processing) to the Service Terms agreed with the Merchant. The Merchant's privacy notice, available from the "Merchant" link in the App, describes how the Customer's personal data is used. Clock's own Privacy policy applies to Clock's websites, not to the App.
2. Data of other persons. Where the Customer provides personal data of other persons (such as spouses, children, travel companions, employees or clients), the Customer confirms that it is authorised to do so and indemnifies Clock, the Merchant and the Merchant's authorised sub-processors against any claims arising from the provision of such data without authority.
3. Rights of individuals. Individuals whose data is processed through the App may exercise their rights — information, access, rectification, erasure, restriction, portability and objection — under the law applicable to them (in the EU the General Data Protection Regulation 2016/679; for California residents the California Consumer Privacy Act; for Australian residents the Privacy Act) by contacting the Merchant. Requests received by Clock are forwarded to the Merchant, and Clock assists the Merchant in responding. Individuals in Australia who wish to complain about a privacy breach may also notify Clock at the contact details in section 10, and Clock will refer the complaint to the Merchant and inform the individual of the follow-up. The Customer acknowledges that the Merchant and its sub-processors may be located in countries other than the Customer's.
4. Government-issued ID documents. For some transactions the Merchant may require an official ID document (e.g. ID card, passport, driving licence) for identity verification, as at the front desk. The Customer shall not submit a document it is not authorised to submit for online processing. The Customer authorises Clock, on behalf of the Merchant, to validate and store the document and to transmit its image solely to the Merchant, for the period set out in section 4 a) iv), applied to ID documents.
5. App usage information and cookies.
   1. The App uses cookies and similar technologies. Those strictly necessary for the App to function (session, security, booking flow) require no consent. Usage information (browser, device, IP address, screen resolution, pages, date and time) may be collected, on behalf of the Merchant, to operate and optimise the App, using tools such as Google Analytics; such non-essential tracking is activated only with the Customer's consent, given through the App's cookie notice as configured by the Merchant, and may be withdrawn at any time by deleting the cookies in the browser.
   2. The Merchant may add its own scripts to the App to send transactional data (such as booking period, rate, price, volume purchased or personal data of the Customer) to its own analytics or marketing tools. Clock does not examine such scripts or how the Merchant and its sub-processors use the data collected through them; requests and claims concerning that use are to be directed to the Merchant, which is solely responsible for it.
6. Confidentiality. Clock protects the confidentiality of the personal data processed through the App and gives access to it only to the Merchant, the Merchant's staff, the Merchant's verified payment processor and the sub-processors authorised by the Merchant, in accordance with Addendum 1. Clock does not share the Customer's personal data with any other third party.
7. Clock is not liable for any disclosure or transmission of personal data to unauthorised parties resulting from the Merchant's own data security practices or from acts or omissions of the Merchant or its partners (sub-processors, payment processors).

6. Customer accounts

1. The Customer may open an account in the App, or the Merchant may open one for the Customer, for recurring identified transactions over time (e.g. memberships) or for a single order (e.g. a hotel booking).
2. The Customer shall not give any other person access to the App through the Customer's account or through credentials issued for a particular transaction.
3. While the account is active, the authorisation to store personal data, ID documents and payment methods continues. A Customer who wishes to close the account earlier shall contact the Merchant.
4. The Merchant is responsible for closing the account once the service or membership for which it was opened has expired or been fully delivered, all payments due have been processed and all pending guarantees released, and the Merchant no longer has a legitimate reason to retain the data.

7. Prohibited actions

1. The App may not be used by persons under 18 years of age or by persons not permitted to interact with the Merchant through it.
2. The App may not be used by means of any automated program, expert system, electronic agent or bot, and the Content may not be scraped by any third party.
3. The Customer shall not provide false or fraudulent information and shall not use the App in a fraudulent, illegal, malicious or negligent manner.

8. Intellectual property

1. Clock holds all intellectual property rights in the App.
2. The Merchant is solely responsible for holding the rights, or the permission of the rights holder, in all materials published as part of the Content.
3. A third party claiming that any part of the Content infringes its intellectual property rights shall notify Clock in writing, identifying the protected work, the evidence of protection and the contact details of the rights holder.

9. Changes, governing law

1. Clock may update this Agreement. The current version and its effective date are stated at the top; the version in force at the time of use applies. Material changes are announced in the App.
2. This Agreement is governed by Bulgarian law, without prejudice to the mandatory consumer protection provisions of the law of the Customer's country of residence.

10. Legal and contact details

1. The Merchant's legal and contact details are available from the "Merchant" link in the App; their completeness and correctness are the Merchant's sole responsibility.
2. Clock's contact details: Klok AD, Ofis 504, Sgrada B8, Biznes Park Varna, 9009 Varna, Bulgaria; registration number 207049288; VAT number BG207049288; hello@clock-hs.com. Full company details are on Clock's Legal page.