Terms of Service

Last updated 7 October 2026

1. Who we are and how these Terms apply

1.1 HotelierKit is a managed website platform for hotels operated by Hy Group Co., Ltd., 709/23 Soi Onnut 7, Sukhumvit 77 Road, Onnut, Suanluang, Bangkok 10250, Thailand ("HotelierKit", "we", "us").

1.2 These Terms govern the use of the HotelierKit platform, including the dashboard at app.hotelierkit.com, the hosting of your website, the MCP connector at mcp.hotelierkit.com, and preview sites on myhotelierkit.com (together, the "Service"), by the hotel or company that subscribes ("Customer", "you") and by each person you allow to use your account ("Users").

1.3 Relationship to your signed agreement. Most Customers sign a proposal or service agreement with us ("Service Agreement"). The Service Agreement is the binding commercial document. Where the Service Agreement and these Terms conflict, the Service Agreement prevails for that point. These Terms fill in everything the Service Agreement does not cover, apply to every User of the account whether or not they signed anything, and apply in full where no Service Agreement exists. The order of precedence is: (1) the Service Agreement, (2) the Data Processing Addendum, where one has been signed, (3) these Terms, (4) the Privacy Policy and any documentation.

1.4 By signing a Service Agreement, creating or accepting an account, or using the Service, you agree to these Terms. If you are accepting on behalf of a company, you confirm you have authority to do so.

2. Definitions

Customer Content: everything you or your Users put into the Service: text, images, video links, forms, brand assets, custom code, settings, and your domain name.
Guest Data: personal data of your guests and website visitors that the Service collects on your behalf, such as form submissions, reviews, consent records and visitor logs.
Go-Live: the date your website is first served on your own domain through the Service, or the date 30 days after we notify you that the site is ready for launch if you have not launched by then for reasons on your side, whichever is earlier.
Platform: the software, templates, block library, design system, documentation and infrastructure we use to provide the Service.

3. The Service

3.1 What we provide. For the subscription fee we:

build or migrate your website onto the Platform during onboarding (see section 4);
host your website, serve it over HTTPS on your custom domain through our content delivery network, and keep it published;
give your Users a dashboard to edit pages, media, navigation, forms, redirects, brand settings and SEO settings, and to review form submissions, reviews, consent records and analytics summaries;
provide a cookie-consent banner with Google Consent Mode v2 and a consent log;
let you connect Google Analytics 4, Google Search Console, Google Tag Manager, booking engines, Mapbox and Cloudflare Turnstile using your own accounts and keys;
run periodic SEO audits and send reports;
offer an AI-assisted copy rewriting tool and an MCP connector so that AI assistants you authorize can edit your site;
apply platform updates, security patches and infrastructure maintenance.

3.2 What is not included. Unless your Service Agreement says otherwise, the Service does not include: domain registration and renewal; booking-engine, channel-manager or PMS subscriptions; paid advertising, analytics or tag-management accounts; photography, copywriting or translation beyond the onboarding scope; marketing services (which Hy Digital may offer separately); and email hosting for your staff.

3.3 Managed service. HotelierKit is a managed platform, not self-serve software. We may change how features work, add or retire features, and update templates as the Platform evolves. We will not remove a feature that your Service Agreement specifically includes without offering a reasonable alternative or a fee adjustment.

4. Onboarding and migration

4.1 You pay the one-time migration or setup fee stated in your Service Agreement. It covers capturing your existing website or brief, building your pages and templates on the Platform, importing your images, setting up forms, redirects and integrations, and launching on your domain.

4.2 You will give us timely access to the material and accounts we need (existing website, images, copy, DNS, Google and booking-engine accounts) and review drafts within 5 business days of each request. Delays on your side may delay launch and do not pause the monthly fee after Go-Live as defined in section 2.

4.3 The migration fee is earned when the work is done and is not refundable once we have started, except as section 14.5 provides.

4.4 Where we use AI tools during migration to convert your existing website into Platform pages, the output is reviewed by us before launch, but you are responsible for checking that your content is accurate before approving Go-Live.

5. Accounts and Users

5.1 We create the first owner account for you. Owners and admins may invite further Users and assign roles. Self-registration is not available.

5.2 You are responsible for everyone who uses your account, including agency staff you invite and AI agents you connect. Keep credentials confidential and use strong passwords (we require at least 12 characters in production). Two-factor authentication is available to every User; we strongly recommend it for everyone and expect you to require it for owners and admins. Tell us promptly at [email protected] if you suspect unauthorized access.

5.3 AI agent connections. The MCP connector lets an AI assistant act with the permissions of the User who authorized it, limited to the sites and scopes that User approved. Tokens expire automatically and can be revoked at any time from the Agents page. Anything an authorized agent does is treated as done by that User. We log each tool call but do not control the AI provider's behavior.

5.4 Removing a User from your team ends their dashboard access and revokes their agent tokens. The audit history of their actions remains with your account.

6. Fees, billing and taxes

6.1 Subscription fee. The monthly subscription fee stated in your Service Agreement is payable from Go-Live for as long as the subscription continues. Unless your Service Agreement says otherwise, we bill monthly in advance.

6.2 Invoicing and payment. We invoice by email, in US dollars unless your Service Agreement states another currency. Payment is due within 15 days of the invoice date by bank transfer to the account stated on the invoice, or by another method we agree in writing. We do not offer online card payment through the dashboard. You bear your own bank charges so that we receive the invoiced amount in full.

6.3 Late payment. If an invoice is more than 15 days overdue we may charge interest on the overdue amount at the default interest rate for late payment under the Thai Civil and Commercial Code, as amended from time to time (currently 5% per year), from the due date until payment, and, after written notice, suspend the Service under section 13.

6.4 Taxes. Fees exclude taxes. Where Thai value added tax applies, we add VAT at the prevailing rate (currently 7%) to the invoice. For Customers outside Thailand, services performed in Thailand and used entirely abroad may be zero-rated under section 80/1 of the Thai Revenue Code, subject to the documentary requirements of the Revenue Department; we will state the treatment on each invoice. If the law of your country requires you to withhold tax on payments to us, you may deduct the withholding and pay us the net amount, provided you send us an official withholding tax certificate within 30 days of payment; if no certificate is provided, the amount withheld remains payable. Thai Customers that must withhold tax at source should provide a withholding tax certificate.

6.5 Price changes. We may change the subscription fee with at least 60 days' written notice, and not more than once in any 12-month period, except that any fee fixed in your Service Agreement for a committed term stays fixed for that term.

6.6 Usage limits. Your Service Agreement may set limits (for example number of pages, media storage, AI requests or sites). If you exceed them we will tell you and agree an adjustment before charging more.

7. Customer Content and Guest Data

7.1 Ownership. You own your Customer Content. You grant us a non-exclusive, worldwide license to host, copy, resize, cache, transmit, display and process it as needed to provide the Service, including sending page text to our AI provider when you use the rewrite tool and serving images through our CDN.

7.2 Your responsibilities for content. You are responsible for having the rights to everything you upload (photographs, logos, text, fonts, video) and for its accuracy and legality, including rate and availability claims, star ratings and review content.

7.3 Custom code. The brand settings let you inject custom HTML and scripts into your site's head and body, and the form builder lets you collect any fields you choose. You are responsible for every tag, pixel, widget and field you add, for the cookies they set, and for disclosing them in your privacy and cookie policies. We may disable code that harms the Service or other customers.

7.4 Guest Data: roles and our processing commitments. For Guest Data you are the data controller and we are your data processor under Thailand's PDPA (section 40) and, where applicable, GDPR (Article 28). As your processor we will:

process Guest Data only on your documented instructions, which are these Terms, your dashboard configuration and your written requests, and tell you if an instruction appears to us to be unlawful;
keep Guest Data confidential and limit access to staff who need it;
apply the security measures in section 12 and the Privacy Policy;
use only the sub-processors listed in the Privacy Policy, give you at least 30 days' notice before adding or replacing one that processes Guest Data, and let you object on reasonable data protection grounds;
help you respond to guest requests for access, correction or deletion, and to data protection impact assessments where you reasonably need our input;
notify you of a personal data breach affecting Guest Data without undue delay and in any event within 72 hours of confirming it, with the information you need for your own notifications;
delete or return Guest Data at the end of the subscription as section 14.4 describes;
keep records of our processing activities and make available the information you reasonably need to show that we meet these commitments.

Our Data Processing Addendum ("DPA") sets these commitments out in full and, for Customers in the EEA or UK, incorporates the EU Standard Contractual Clauses and the UK International Data Transfer Addendum. It is available on request from [email protected]. Once signed, the DPA prevails over these Terms for data protection matters.

7.5 Your obligations as controller. You will:

publish a privacy notice on your website that covers the data your forms, reviews, analytics and booking links collect, and link it from the cookie banner;
have a lawful basis for the data each form collects, and not collect sensitive personal data (health, dietary, religious or similar) unless you have a proper basis and need it;
enable the cookie-consent banner where the law applicable to your visitors requires consent for analytics or marketing cookies (it is required for visitors from the EEA and UK, and recommended for all sites), and keep your tag configuration consistent with it;
handle guest requests for access, correction or deletion, using the dashboard tools and our help under section 7.4;
give us only the instructions a controller may lawfully give.

7.6 Our use of Guest Data. We use Guest Data only to provide the Service to you, to secure the Platform, and as section 7.4 and the Privacy Policy describe. We do not use Guest Data to train AI models, and we do not send Guest Data to our AI provider.

7.7 Aggregated data. We may use data about how the Service is used, in aggregated or de-identified form that does not identify you or any person, to operate and improve the Platform.

8. Our intellectual property

8.1 The Platform, including its software, block templates, layout language, design system, themes, icons, documentation and the look and feel of the dashboard, is owned by Hy Group or its licensors and protected by copyright and other laws. You get a limited, non-exclusive, non-transferable right to use the Platform for your own website during the subscription.

8.2 The page templates and designs we build for you during onboarding are built on our block library. The custom visual design we create for you (your color palette, typography choices and the page compositions as applied to your content) is assigned to you on full payment of the migration fee, and you may reuse it elsewhere. The underlying block templates, code, layout language and Platform, and any template we also use for other customers, stay ours and are licensed to you under 8.1 for the subscription.

8.3 On exit you receive your Customer Content and Guest Data as described in section 14; you do not receive the Platform, its code or a running copy of your site. Your site will not function outside the Platform.

8.4 If you give us feedback or suggestions, we may use them without obligation to you.

8.5 Showing your website as an example of our work. You grant us a non-exclusive, royalty-free license to show your public website (screenshots and screen recordings of its pages, including their design and layout) and your hotel's name and logo, to identify you as a customer and to show our work when promoting HotelierKit and other Hy Group services, for example on hotelierkit.com, in our guides, in sales presentations and on social media. This license has the following limits:

We will not use photographs or video that show identifiable people.
We will show pages only as they appear on your public website. We will not use your photographs, video or text on their own (for example as the main image of an article), publish your results, analytics or other non-public information, quote you, or present you as recommending us, without your written permission (email is enough).
We will not use your website, name or logo in paid advertising without your written permission.
If you tell us that part of your website is licensed from a third party, or is subject to brand standards, on terms that do not allow this use, we will not use that part.
You may opt out at any time by emailing [email protected]. We will not start any new use after we receive your email, and we will remove existing uses from our website and from other materials we control within 30 days. We cannot recall material that has already been printed or distributed.
After your subscription ends we may continue to show your website as it was during the subscription as an example of past work, but we will not present you as a current customer. Your right to opt out continues.

Your Service Agreement may exclude or extend this license.

9. Acceptable use

You will not, and will not allow any User or agent to:

use the Service for anything unlawful, deceptive or infringing, or to host content that is defamatory, obscene, hateful or harmful to minors;
send spam, run phishing pages, distribute malware, or collect data from visitors without a lawful basis and proper notice;
misrepresent your property, prices, availability, reviews or ratings;
attempt to access other customers' sites or data, probe or disrupt the Platform, bypass rate limits, or load-test without our written agreement;
scrape or copy the Platform's templates or code for use elsewhere, or reverse engineer the Service;
resell or white-label the Service without a written agreement with us;
use the AI features to generate content that violates our AI provider's usage policies or the law.

We may remove content or suspend access that breaks this section (see section 13).

10. Third-party services

10.1 The Service connects to services you choose and control under their own terms: booking engines (for example Cloudbeds, Mirai, WeTravel), Google (Analytics, Search Console, Tag Manager, Ads, Fonts, Maps, YouTube), Meta, Mapbox and Cloudflare Turnstile. You are responsible for your accounts with them, their fees, and your compliance with their policies (including Google's and Meta's advertising and consent requirements for EEA and UK users).

10.2 We pass your visitors' cookie-consent choice to your booking engine as a non-identifying URL parameter and expose Consent Mode v2 signals to your tags. Configuring the booking engine or tag container to honor those signals is your (or your agency's) responsibility; we supply documentation.

10.3 We are not responsible for third-party services being unavailable, changing, or acting on data you send them. If a third-party change breaks an integration we will use reasonable efforts to adapt the Platform within a reasonable time.

10.4 Our own providers (hosting, CDN, email delivery, AI model) are listed as sub-processors in the Privacy Policy.

11. Availability, maintenance and support

11.1 Availability. We aim to keep your website available at all times and run it behind a global content delivery network that continues to serve cached pages during many origin problems. We monitor the Platform continuously, check your domain's health every few minutes, and keep automated, encrypted daily database backups with point-in-time recovery. We do not offer a contractual uptime guarantee or service credits unless your Service Agreement includes one.

11.2 Maintenance. We may take the Service down for maintenance. We try to schedule planned maintenance outside business hours in the Asia-Pacific region and, where practical, to give 24 hours' notice for anything expected to affect your public site for more than a few minutes. Emergency maintenance may happen without notice.

11.3 Backups. Database backups are automated. Your images and files are held in durable, replicated object storage, but we do not keep separate point-in-time backups of them, so a file you delete may not be recoverable. Backups are for disaster recovery of the Platform; restoring an individual page or file you deleted is a support request and may not always be possible. Page revisions in the dashboard let you restore earlier versions of a page.

11.4 Support. Support is by email at [email protected], Monday to Friday, 09:00 to 18:00 Bangkok time (UTC+7), excluding Thai public holidays. We respond to urgent issues (site down, security) as a priority. We do not commit to fixed response or resolution times unless your Service Agreement sets them. Support covers using the Service and fixing Platform faults; content changes beyond your plan's allowance, redesigns and new features are quoted separately.

12. Security

12.1 We apply the measures described in the Privacy Policy, including encryption in transit and at rest for Guest Data, role-based access, two-factor authentication, audit logging, rate limiting and a managed, encrypted database.

12.2 You are responsible for your Users' devices and credentials, for the security of the third-party accounts you connect, and for the code and tags you add to your site.

12.3 If we become aware of a security incident affecting your Customer Content or Guest Data, we will notify you without undue delay (and, for a personal data breach affecting Guest Data, within the 72-hour window in section 7.4) and work with you on your obligations to guests and regulators.

13. Suspension

13.1 We may suspend your website, your account, or a User's access, in whole or part, if:

an invoice is more than 30 days overdue and you have not paid within 10 days of a written reminder;
you or a User breach section 7.5, 9 or 10.1 in a way that is serious or not fixed within 10 days of notice;
your site or account is compromised or is harming the Platform, other customers or visitors;
a court, regulator, law or a hosting or payment provider requires it.

13.2 Where practical we will give notice before suspending and limit the suspension to what is needed. During a suspension for non-payment your public site may be taken offline or show a holding page, and fees continue to accrue. We lift the suspension promptly once the cause is resolved and do not charge a reactivation fee.

14. Term and termination

14.1 Term. The subscription starts on signature of the Service Agreement (or account creation) and continues from Go-Live for the initial term in your Service Agreement (12 months if none is stated), then renews automatically for successive 1-month periods unless either party gives notice under 14.2.

14.2 Termination for convenience. Either party may end the subscription at the end of the initial term by giving at least 60 days' written notice before the initial term ends. After the initial term, either party may end the subscription by giving at least 60 days' written notice, and the subscription ends on the last day of the monthly renewal period in which that notice period expires. The initial term, and any longer committed term in your Service Agreement, cannot be ended early for convenience; if you stop using the Service during a committed term, the fees for the rest of that term remain payable.

14.3 Termination for cause. Either party may end the agreement immediately by written notice if the other materially breaches it and does not cure within 30 days of notice, becomes insolvent, or ceases business. We may also terminate if a suspension under section 13 lasts more than 60 days.

14.4 What happens on exit.

Your website goes offline on the termination date (or when the notice period ends). You should move your domain's DNS before then; we will release your custom domain from our platform on request at any time.
For 30 days after termination (the "Export Window") you may ask us for an export of your Customer Content (pages as structured data and images in original resolution) and Guest Data (form submissions, reviews and consent records as CSV). One export requested during the Export Window is included in your fees. Dashboard CSV exports are available at any time before termination. We cannot promise an export requested after the Export Window, because deletion begins when it closes.
After the Export Window we delete your site, Customer Content and Guest Data from our live systems within 30 days, and from backups as they expire on their normal rotation. We keep invoices, the signed agreement and the audit records we need for legal and accounting purposes, and will confirm deletion in writing on request.
Fees already paid are not refunded, and fees due for the current term remain payable, except as 14.5 says.

14.5 If we end the Service. If we discontinue the Platform, or terminate for our own convenience, we will give at least 90 days' notice, refund any prepaid fees for the period after termination, and extend the Export Window to cover the full notice period.

14.6 Sections 7 (as to responsibility), 8, 14.4, 15, 16, 17, 18, 20 and 21 survive termination.

15. Warranties and disclaimers

15.1 We warrant that we will provide the Service with reasonable skill and care and substantially as described in section 3 and your Service Agreement. If we fail to do so, your remedy is for us to re-perform the affected work or, if we cannot, to refund the fee for the affected period.

15.2 Except as stated in 15.1, the Service is provided "as is". To the extent the law allows, we exclude all other warranties, including warranties of merchantability, fitness for a particular purpose and non-infringement, and we do not warrant that the Service will be uninterrupted, error-free or secure, that search rankings, traffic or bookings will improve, or that AI-generated content will be accurate.

15.3 You warrant that you have the rights to your Customer Content, that your use of the Service and collection of Guest Data complies with applicable law, and that the information you give us is accurate.

16. Limitation of liability

16.1 Nothing in these Terms limits liability for death or personal injury caused by negligence, for fraud, for willful misconduct or gross negligence, or for anything that cannot be limited under Thai law, including the Unfair Contract Terms Act B.E. 2540.

16.2 Subject to 16.1, neither party is liable for indirect or consequential loss, loss of profit, revenue, bookings, goodwill or data (other than our obligation to restore from backups), however caused, even if advised of the possibility.

16.3 Subject to 16.1, our total aggregate liability to you arising out of or in connection with the Service, whether in contract, tort (including negligence) or otherwise, is limited to the fees you paid to us in the 12 months before the event giving rise to the claim.

16.4 You acknowledge that the fees reflect this allocation of risk.

17. Indemnity

17.1 You will indemnify Hy Group against third-party claims, fines and reasonable costs arising from your Customer Content, your collection or use of Guest Data, tags or code you add to your site, your breach of section 7.5, 9 or 10.1, or the acts of your Users and authorized agents.

17.2 We will indemnify you against third-party claims that the Platform (excluding Customer Content and third-party services) infringes a copyright or trademark, provided you tell us promptly and let us control the defense. We may modify or replace the Platform to avoid infringement, or terminate and refund prepaid fees if we cannot. This indemnity is subject to section 16 and is your sole remedy for such claims.

18. Confidentiality

Each party will keep the other's non-public information confidential, use it only for the agreement, and protect it with reasonable care, for the term and 3 years after. This does not apply to information that is public, already known, independently developed, or that the law requires to be disclosed (with notice where allowed). Your Guest Data is covered by section 7.4 and the Privacy Policy rather than this section.

19. Changes to the Service and these Terms

19.1 We may update these Terms. We will post the new version with its date and email the account owner at least 30 days before material changes take effect. If you do not accept a material change you may terminate at the end of the notice period with a pro-rated refund of prepaid fees. Continued use after the effective date is acceptance.

19.2 Changes required by law or to address security may take effect sooner.

20. Governing law and disputes

20.1 These Terms and any dispute arising from the Service are governed by the laws of the Kingdom of Thailand.

20.2 The parties will first try to resolve any dispute by discussion between senior representatives within 30 days of written notice. Failing that, the courts of Bangkok, Thailand have exclusive jurisdiction. Either party may seek urgent injunctive relief in any competent court.

20.3 Where mandatory consumer or local law gives you additional rights that cannot be excluded, those rights are not affected.

21. General

Entire agreement. The Service Agreement, these Terms, the Privacy Policy and any Data Processing Addendum signed between us are the entire agreement and replace prior discussions.
Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, including failures of upstream internet, cloud, CDN or DNS providers, but this does not excuse payment obligations.
Assignment. You may not assign the agreement without our consent (not unreasonably withheld). We may assign to a group company or a successor to the business, with notice.
Subcontracting. We may use subcontractors and sub-processors as described in the Privacy Policy and remain responsible for them.
Notices. Notices to us: [email protected] or our registered address. Notices to you: the account owner's email address on file. Email notice is effective on the next business day.
Severability and waiver. If a clause is unenforceable the rest remains in force. A failure to enforce a right is not a waiver.
Language. These Terms are written in English, and the English version governs. We may provide a translation for convenience, but it does not form part of the agreement.
No third-party rights. Only the parties may enforce these Terms.

22. Contact

Hy Group Co., Ltd. (HotelierKit) 709/23 Soi Onnut 7, Sukhumvit 77 Road, Onnut, Suanluang, Bangkok 10250, Thailand [email protected] +66 2 460 9544