Terms of Service

Introduction and Overview

These Terms of Service ("Terms") set forth a legally binding agreement between you and Responsive Environments Inc dba Tempo ("REI," "we," "our," or "us"), and govern your use of our AI orchestration platform for hotel operations ("Service"). By using the Service, you accept and agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.

IMPORTANT NOTICE: ARBITRATION AGREEMENT AND CLASS ACTION WAIVER: BY AGREEING TO BE BOUND BY THESE TERMS, YOU AGREE THAT ALL DISPUTES BETWEEN US WILL BE RESOLVED BY BINDING ARBITRATION, EXCEPT FOR CERTAIN LIMITED TYPES OF DISPUTES. YOUR AGREEMENT TO ARBITRATE MEANS YOU ARE GIVING UP THE RIGHT TO GO TO COURT AND THE RIGHT TO A TRIAL BY JURY.

For details on how we process your information, please see our Privacy Policy.

Service Use

Account Requirements

To use the Service, you must create an account and provide accurate information about your hotel operations. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

Hotel Operations Integration

Our Service provides AI orchestration for hotel operations including front desk communications, housekeeping coordination, and operational analytics. You may connect your existing hotel management systems and communication platforms to enable our AI services. You can disconnect these integrations at any time through your account settings.

Content and Intellectual Property

The Service contains materials relating to REI and our AI orchestration platform, including all software, algorithms, interfaces, data, analytics, and other intellectual property ("Content"). All right, title, and interest in the Service and Content is the property of REI and is protected by intellectual property laws.

Limited License

Subject to your compliance with these Terms, REI grants you a limited, non-exclusive, revocable license to use the Service for your hotel operations. This license does not give you ownership of any Content and may be suspended or terminated at any time.

Restrictions and Acceptable Use

You may not use the Service unless you are at least eighteen (18) years old or have proper authorization to act on behalf of a business entity.

You may not:

• Use the Service for unlawful, harmful, or fraudulent purposes
• Attempt to reverse engineer, modify, or interfere with the Service
• Harvest data or attempt to access unauthorized areas of the Service
• Use the Service in a way that could damage, disable, or impair our servers
• Violate any applicable laws or regulations in connection with your use of the Service
• Share your account credentials or allow unauthorized access to your account

Data and Submissions

When you use our Service, you may provide operational data, guest communications, and other information ("Submissions"). You retain ownership of your business data, but grant us necessary rights to process and analyze this data to provide our AI orchestration services.

You represent and warrant that you have the necessary rights and permissions to provide any data or information to our Service, and that such data does not violate any third-party rights or applicable laws.

Service Availability

REI may suspend or terminate the availability of the Service, in whole or in part, for maintenance, updates, or other operational reasons. We strive to provide advance notice when possible, but are not required to do so.

You are responsible for obtaining and maintaining all equipment and connectivity needed to access the Service.

Disclaimer of Warranties

TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. REI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Our AI recommendations and orchestration services are tools to assist your hotel operations, but you remain responsible for all operational decisions and guest services.

Limitation of Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW, REI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS INTERRUPTION, ARISING FROM YOUR USE OF THE SERVICE.

ANY DISPUTE MUST BE COMMENCED WITHIN ONE (1) YEAR OF THE RELEVANT EVENTS.

Indemnification

You agree to defend, indemnify, and hold harmless REI from any claims arising from: (i) your breach of these Terms; (ii) your use of the Service; (iii) your violation of any laws or third-party rights; or (iv) your operational decisions made using our Service.

Arbitration Agreement

PLEASE READ CAREFULLY: This section affects your legal rights, including your right to file a lawsuit in court.

REI and you agree to arbitrate all disputes, except for: (i) intellectual property claims; (ii) small claims court matters; and (iii) injunctive relief for unauthorized use of the Service.

Arbitration will be conducted under JAMS Streamlined Arbitration Rules. The arbitration will take place in New York, NY, or via telephone/video conference.

Class Action Waiver: You and REI agree that disputes will be resolved only on an individual basis and not as part of any class action or representative proceeding.

Opt-Out: You may opt out of this arbitration agreement within 30 days of first using the Service by emailing us at hello@tempo.studio with your request.

Governing Law

These Terms are governed by the laws of the State of New York, without regard to conflict of law principles. Any litigation regarding excluded claims will be brought in the state or federal courts of New York County, New York.

Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting updated Terms on our Service or by email. Continued use of the Service after changes constitutes acceptance of the updated Terms.

Contact Information

If you have questions about these Terms, please contact us:

General Provisions

These Terms constitute the complete agreement between you and REI regarding the Service. If any provision is found unenforceable, the remaining provisions will remain in effect.

REI may assign these Terms without notice. You may not assign these Terms without our written consent.

The Service is controlled from the United States. We make no representation that the Service is appropriate for use in other jurisdictions.