Homy Terms of Service

Effective date: · Version 1

1. Provider, scope and acceptance

Homy is operated by ROCCHI GROUP FZCO, a company established in Dubai, United Arab Emirates, with registered office at IFZA Business Park, Dubai, United Arab Emirates (“Homy”, “we”, “us”). Contact: legal@myhomy.app. Website/application: rocchico.com and myhomy.app.

These Terms govern the supply of Homy to the business identified in the order or account registration (“Customer”, “you”). The individual accepting them confirms that they are at least 18 and authorised to bind that Customer. The agreement begins when you affirmatively accept these Terms during registration or sign an order incorporating them. A manually issued invoice does not by itself establish acceptance of previously undisclosed terms.

Host subscriptions under this agreement are offered for business purposes. We do not treat a person as a business merely because they select a checkbox: their actual activity and applicable law determine their status. If you intend to purchase outside your trade or profession, contact us before subscribing so that any required consumer terms and disclosures can be supplied. Section 16 preserves mandatory rights in all cases.

Your accepted order identifies the plan, features, limits, fees, currency and subscription period. Optional features apply only when enabled and included in that order or separately accepted. This agreement includes the Data Processing Agreement (“DPA”), available at myhomy.app/dpa. For data processing, applicable mandatory transfer clauses prevail, followed by the DPA. An expressly negotiated signed variation prevails over conflicting commercial terms; an order changes these Terms only where it expressly identifies the change.

2. What Homy provides

Homy provides software for creating and sharing digital property guidebooks and the related guest-service features included in your plan. Subject to this agreement, you receive a non-exclusive, limited right for authorised users to access those features during the subscription and share guides with intended guests.

Homy does not own, operate, inspect, certify or manage your accommodation. Providing software does not make Homy your property manager, travel organiser, booking agent, employer, insurer or partner. Homy does not certify property safety, licensing, accessibility or the accuracy of local recommendations. Any different service role must be expressly agreed in writing and accurately disclosed to affected guests.

You remain responsible for accommodation operations, guest services, applicable registrations and taxes, property safety, emergency arrangements, and your obligations to owners and guests. Nothing transfers responsibility for Homy’s own acts or mandatory obligations to you.

3. Accounts, access and permitted use

Keep account and billing information accurate, restrict staff access to their duties, safeguard authentication credentials, and remove access when team members leave. Use available security controls and notify legal@myhomy.app promptly of suspected compromise. You are responsible for your authorised users and for unauthorised activity to the extent caused by your failure to meet these obligations; this does not excuse a Homy security failure.

Do not use Homy to publish unlawful or infringing material, send unsolicited messages, deceive guests, invade privacy, distribute malware, interfere with security, obtain another customer’s information, evade agreed usage limits, or resell access without permission. Restrictions on reverse engineering or automated access apply only to the extent permitted by mandatory law and do not prevent legitimate interoperability rights.

Usage limits and any metered charges must be shown in your order or before you enable the relevant feature. We may proportionately rate-limit harmful or abusive activity. Ordinary use within an agreed plan is not made chargeable merely by changing an unpublished fair-use threshold.

4. Property content, publishing and guest safety

You retain your rights in content you submit. You grant Homy and its authorised service providers the limited rights needed to host, reproduce, format, transmit, translate where enabled, and display that content to provide the contracted service and follow your instructions. The licence lasts only for those purposes, including the agreed export/deletion period. It does not authorise independent advertising, public case studies, sale of your content, or general-purpose AI training.

You confirm that you have the necessary rights to upload and share content and that your instructions and publication choices are lawful. You must review content before publication, including imported, translated, AI-generated or staff-assisted material, and keep it current. In particular, verify addresses, directions, check-in instructions, operating instructions, safety notices, accessibility information, prices and third-party recommendations.

Homy does not routinely verify host content or monitor a property. You must not rely exclusively on Homy for emergency communications, urgent safety information, door access, or information whose failure could cause injury or serious damage. Provide guests with an independent means of obtaining essential arrival details and contacting the host.

You control publication and access settings. Treat public guides and shareable URLs as potentially accessible to anyone receiving the link. Do not publish unrestricted access credentials, guest lists or sensitive documents in public guides. Expire or rotate access details when appropriate. Homy remains responsible for implementing any access control it expressly supplies as agreed.

5. AI, translations and automated actions

This section applies only to enabled AI or automation features. Generated content and translations may contain errors, omissions, outdated information or unsuitable recommendations. They are assistance, not a professional assessment or a guarantee of accuracy. You must verify important outputs and test configured workflows before relying on them.

You are responsible for the source material, permitted topics, recipients, timing and actions you configure. If automatic guest responses are enabled, review the underlying instructions and source material, monitor performance appropriately and maintain a human contact route. An AI response does not itself authorise a refund, booking change, access entitlement, contractual commitment or other transaction unless the relevant authorised workflow expressly performs that action.

Do not configure AI to make safety-critical decisions, provide emergency or medical advice, or make discriminatory or unlawful decisions about guests. AI interactions must be clearly identified as automated. The guest must be able to find host contact details.

Homy does not guarantee any level of bookings, revenue, cost savings, guest satisfaction, ranking or reduction in messages. Illustrative examples are not promised outcomes. These provisions do not remove express contractual commitments or Homy’s non-excludable duties.

6. Guest information and communications

You must establish a lawful basis, provide required notices, respect rights and obtain consent where needed before entering guest information, connecting an integration or sending messages. Consent is not necessarily the appropriate basis for necessary stay administration; marketing and tracking require separate assessment. Keep records sufficient to demonstrate compliance.

You decide the content and recipients of host messages and must honour opt-outs and applicable channel rules. Do not conceal marketing in transactional messages or buy/upload contact lists without a lawful basis. Delivery may be affected by recipient settings, carriers, spam filters and integration failures. Maintain another means of providing essential guest information.

The DPA governs personal information we process for you. The Privacy Policy explains Homy’s separate controller processing. Acceptance of these Terms is not consent to marketing or unrelated processing.

Do not upload special-category data, criminal-offence information, identity documents or full payment credentials through ordinary guide or chat fields. Any separately agreed processing of such information requires an appropriate written schedule and safeguards before collection.

7. Third-party integrations and optional sales

Connecting an integration authorises the data exchange described when you connect it. You must have the necessary account rights and meet the third party’s applicable terms. Independent third-party services may change or become unavailable. Homy is not responsible for their independent acts solely because a link or integration is provided, but remains responsible for its own integration obligations and for its contracted processors as required by the DPA.

If Homy enables a host-operated extras or referral feature, the identified host or third-party supplier is the seller unless checkout expressly states otherwise. The seller must disclose its identity, total price, applicable taxes, fulfilment arrangements, cancellation/refund rules and mandatory consumer information before purchase, and must handle its product/service obligations and complaints. Any Homy commission or transaction fee must be separately disclosed and accepted before use.

Payment-provider roles, funds flows and chargeback responsibilities must be stated in the applicable feature order. These Terms do not authorise Homy to hold client money or disclaim obligations it actually assumes as a seller, payment service or marketplace. Do not activate sales through Homy until the relevant terms, disclosures and payment arrangements are supplied.

8. Fees, trials and renewal

Your order or checkout specifies the subscription price, billing interval, taxes, allowances, optional charges, trial duration and any automatic conversion. We charge only as disclosed and authorised. A free trial does not convert to a paid subscription unless you expressly agree to the payment and renewal arrangement.

Paid subscriptions renew for the same billing interval unless the order states otherwise or you cancel before renewal. Renewal terms and the cancellation method must be prominent before purchase. Cancel through your Homy dashboard: select the property, open the Admin tab, select Manage Subscription, and follow the cancellation instructions in the Stripe customer portal (where cancellation is enabled) or by emailing billing@myhomy.app. Cancellation stops the next renewal; paid access ordinarily continues to the end of the current period. We will confirm cancellation. Account deletion is a separate request.

For business customers, fees for the current subscription period are non-refundable merely because you stop using the service or cancel renewal. This does not affect refunds expressly provided here, a binding order, or mandatory law. If an undisputed payment is overdue, we may suspend the paid service after written notice and at least 10 days to resolve it. Any interest or recovery costs must be lawful and reasonable.

We give at least 30 days’ written notice of a price increase before the affected renewal. If the next renewal occurs sooner, the increase applies no earlier than the following renewal unless separately agreed. You may cancel before the increase takes effect. We do not increase charges retrospectively for an already purchased period.

9. Service operation and changes

We will provide the contracted service with reasonable skill and care. Except for express commitments in your order, no service-level agreement or fixed uptime guarantee is included. Homy may require maintenance and can experience errors or interruptions. Keep your own copies of essential content and an operational fallback for guests; this does not release us from the DPA or an agreed recovery obligation.

We may improve or modify the service. For a change materially reducing contracted core functionality during a paid term, we will provide reasonable advance notice and, if we cannot provide a substantially equivalent alternative, allow termination of the affected service with a proportionate refund of unused prepaid fees. Urgent security or legal changes may take effect sooner, with notice as soon as reasonably possible.

Beta features are optional, may change or end, and must not be used for critical operations. Any feature-specific data practices or additional charges require disclosure before activation.

10. Suspension, termination and data return

We may restrict or suspend only the access reasonably needed to respond to credible security threats, unlawful activity, material breach or a binding legal requirement. We give reasons and an opportunity to resolve the issue where lawful and reasonably practicable. Immediate action is permitted where delay risks harm, unlawful processing or legal non-compliance. We will reassess and restore access when the reason is resolved.

Either party may terminate for a material breach remaining unresolved 15 days after written notice identifying it, or immediately where the breach cannot reasonably be cured. Any termination right is subject to mandatory insolvency or restructuring protections. Homy may discontinue all or part of the service, including for its own business, economic or organisational reasons, on at least 60 days’ written notice. If Homy closes or discontinues a paid service, it will stop future renewals and refund the pro-rata portion of each affected active subscription’s prepaid fees for the period from the effective closure date to the end of the paid subscription period. The refund is calculated by reference to the unused time in that paid period and will be returned to the original payment method where possible. Mandatory rights remain unaffected.

If you terminate because of Homy’s uncured material breach, unused prepaid fees for the affected service will be refunded. If we terminate for your material breach, no refund is due except as required by law. Accrued payment obligations survive; termination does not create a contractual right to accelerate undisclosed future charges.

When paid access ends, guide publication and automation may stop. You must inform guests and provide alternative instructions. For 30 days after termination, we will make your exportable content and host-controlled personal information available on request in a commonly used machine-readable format, subject to proportionate security restrictions. Export need not restore public access to unsafe or unlawful content. The DPA governs deletion and any required retention. Mandatory switching or portability rights prevail over a shorter contractual period or contrary restriction.

11. Intellectual property and confidentiality

Homy and its licensors retain rights in the software, service design and pre-existing materials. The Customer retains rights in its own content and data. Neither party gains ownership of the other’s trademarks. Homy may use general, non-confidential product suggestions without payment, but a suggestion does not license personal information, confidential content or trademarks.

Each party must protect the other’s non-public business information with reasonable care and use it only for the agreement. Disclosure is permitted to personnel and advisers needing access under confidentiality obligations, and as legally required with advance notice where permitted. This duty does not cover information independently developed, lawfully obtained without restriction, already known without restriction, or public through no breach. It survives termination while the information remains confidential. The DPA controls personal data.

We will not publish your name, logo, private guide content or a case study identifying you without permission.

12. Warranties and allocation of responsibility

Beyond the express commitments in this agreement and warranties that cannot lawfully be excluded, the service is supplied as available. To the extent permitted for business contracts, we exclude other implied warranties, including fitness for a particular purpose. You determine whether the selected plan meets your operating requirements.

You are responsible for losses attributable to your unlawful content, unsafe property operations, unauthorised instructions or failure to meet the obligations expressly allocated to you. Homy remains responsible to the extent a loss is attributable to its own breach or other legal responsibility. A host’s acceptance of these Terms does not waive a guest’s independent rights.

13. Limitation of liability — business customers

13.1 Preserved liability. Nothing in this agreement excludes or limits liability for fraud, fraudulent misrepresentation, wilful misconduct, gross negligence, death or personal injury where liability cannot lawfully be limited, breach of non-derogable public-order duties, or any liability that applicable law prohibits excluding or limiting. It does not limit a data subject’s statutory rights or an authority’s powers.

13.2 Excluded losses. Subject to section 13.1 and to the extent enforceable, Homy is not liable to a business Customer for indirect or consequential losses, lost profit, lost revenue, lost bookings, lost anticipated savings or loss of goodwill arising under this agreement. This does not exclude an expressly owed refund or a remedy that mandatory law requires.

13.3 Aggregate cap. Subject to section 13.1, Homy’s total aggregate monetary liability to a business Customer arising from or relating to this agreement, across all claims and legal theories, will not exceed the fees paid or payable to Homy under this agreement for the 12 months immediately preceding the first event giving rise to liability. For a service provided entirely without charge, that cap is EUR 100. Related events are treated as one event. Multiple claims do not multiply the cap.

13.4 Data and refunds. The cap applies to inter-party DPA claims only to the extent lawful; it does not bind affected individuals or authorities, disapply mandatory contribution rights, or excuse required performance of the DPA. Expressly owed refunds and return of amounts wrongly charged remain payable and do not consume the damages cap.

13.5 Application. These provisions allocate commercial risk in light of the subscription fees and the availability of alternative arrangements. They apply only to the extent valid under the governing and other applicable mandatory laws; consumer rights are governed by section 16.

14. Customer indemnity — business customers

To the extent lawful, a business Customer will indemnify Homy for reasonable losses, damages and external legal costs arising from third-party claims to the extent caused by: (a) Customer content infringing intellectual-property or privacy rights; (b) unlawful Customer instructions, marketing or collection of guest data; (c) the Customer’s accommodation operations or products it sells; or (d) the Customer’s material breach of sections 3–7.

The indemnity does not cover the portion attributable to Homy’s breach, negligence or other fault. It does not shift a regulatory fine where that transfer is prohibited. Homy must give prompt notice, take reasonable mitigation steps and permit the Customer to defend a covered claim with competent counsel. Delay in notice reduces recovery only to the extent it materially prejudices the defence. No settlement may admit Homy’s fault, impose a non-monetary obligation or fail to release Homy without its written consent, not unreasonably withheld. Homy may participate with its own counsel at its own cost unless a reasonable conflict requires otherwise.

The Customer’s properly due fees and obligations under this section are not limited by Homy’s liability cap. This section does not apply to consumers or guests merely viewing a guide.

15. Events outside reasonable control

Neither party is liable for delay caused by an event beyond its reasonable control that reasonable precautions could not prevent or overcome. The affected party must promptly notify the other, mitigate the effect and resume performance. Routine capacity shortages, avoidable security failures and ordinary subcontractor problems are not automatically such events. Payment for service already supplied remains due. If the event materially prevents service for more than 30 consecutive days, either party may end the affected service and unused prepaid fees will be refunded.

16. Guest information and mandatory consumer rights

For guests: Your accommodation, check-in arrangements, house rules and host-provided recommendations come from the identified host. Contact that host to confirm important information or resolve a stay issue. Homy supplies the software and does not inspect or certify the accommodation. Automated answers may be incorrect and do not replace the host’s confirmation. In an emergency, contact local emergency services directly. Seller identity and sale terms must be displayed before any purchase.

This paragraph is a guest-facing explanation, not an attempt to impose a paid subscription, indemnity, exclusive court or business liability cap on a guest who merely opens a guide. Any separate guest contract requires appropriate disclosure and acceptance. A host cannot waive a guest’s statutory rights on their behalf.

If you qualify as a consumer under applicable law, nothing here takes away mandatory pre-contract information, withdrawal rights where applicable, digital-service conformity rights, remedies, refunds or your protected court and governing-law rights. The business-only exclusions, cap and indemnity in sections 12–14 do not apply to you. Homy remains liable under the applicable consumer rules. No general acceptance checkbox is treated as a waiver of withdrawal or other mandatory rights.

17. Notices, changes and disputes

We send contractual notices to the Customer’s account email; keep it current. Send notices to Homy at legal@myhomy.app and, where necessary, IFZA Business Park, Dubai, United Arab Emirates. Neither party’s inability to produce an automated read receipt alone invalidates an otherwise properly delivered notice.

We may update these Terms for a valid legal, security or service reason, with at least 30 days’ notice of a material commercial change. Such changes ordinarily apply from renewal; a materially adverse change required during a paid term permits termination of the affected service and a proportionate unused-fee refund. Mandatory urgent changes may apply sooner where necessary. We obtain fresh affirmative or specific approval when legally required. Changes do not retroactively alter accrued claims or authorise new personal-data purposes.

For business Customers, this agreement is governed by Italian law, subject to applicable mandatory law. No exclusive contractual forum is designated; jurisdiction is determined by the applicable rules. This choice of law does not restrict a consumer’s mandatory protections or a person’s statutory data-protection jurisdiction. Either party may seek urgent relief in a competent court where legally available. Contact the other party first where practical; this does not prevent urgent action or suspend statutory deadlines.

Neither party may assign the agreement without consent, except Homy may transfer it with the relevant business to a successor able to perform it, with notice and without reducing existing contractual rights. Mandatory consumer and data-protection requirements remain applicable. Invalid provisions are severed to the extent required; they are not automatically rewritten into the broadest possible exclusion. Remaining valid provisions continue. Failure to enforce once is not a waiver of future enforcement.

18. Specific approval of protective clauses

Where Italian Civil Code articles 1341–1342 or equivalent rules apply, Homy must obtain the legally required specific approval separately from general acceptance. The approval must identify the actual provisions requiring it, including their subject matter. A suggested wording for the final reviewed version is:

“Having read the identified provisions, the Customer specifically approves: section 8 (automatic renewal and current-period non-refund rule); section 9 (availability limits); section 10 (Homy’s suspension and termination rights); section 12 (warranty exclusions); and section 13 (excluded losses and liability cap).”

The final acceptance mechanism must meet applicable written-form and evidence requirements. This paragraph is not itself proof of specific approval. Further clauses must be added if the final text brings them within a statutory approval requirement.