Version 2026-10-01, effective from 1 October 2026.
These general terms and licence conditions (the “Terms”) govern the rights and obligations relating to the provision of the kvestor.app software service. They form an integral part of the contract between the Provider and the Customer. Annex 1 – Data processing agreement and Annex 2 – Switching to another provider form part of them.
- Introductory provisions and identification of the Provider
- Definitions
- Registration, Account and conclusion of the Contract
- Subject matter and scope of the Service
- Licence and intellectual property rights
- Trial period
- Plans, Price and payment terms
- Plan changes, renewal of the Subscription period and Price list changes
- Refunds and reversed payments
- Online payments by Guests
- Rights and obligations of the Customer
- Statutory obligations of the accommodation provider
- Availability of the Service, maintenance and support
- Liability for defects and limitation of liability
- Confidentiality
- Protection of personal data
- Term and termination of the Contract
- Special provisions for consumers
- Changes to the Terms
- Governing law and final provisions
- Annex 1 – Data processing agreement
- Annex 2 – Switching to another provider
1. Introductory provisions and identification of the Provider
1.1 The Service is provided by Assembly 11 s. r. o., with its registered office at Osadná 2, 831 03 Bratislava - mestská časť Nové Mesto, company ID: 51 239 698, tax ID: 2120665184, VAT ID: SK2120665184, registered in the Commercial Register of the Bratislava III City Court, section: Sro, insert no. 124492/B (the “Provider”).
1.2 The contact address for all communication under these Terms, including notice of termination, withdrawal from the contract and complaints, is info@kvestor.app.
1.3 The supervisory authority is the Slovak Trade Inspection, Inspectorate of the SOI for the Bratislava Region, Bajkalská 21/A, 827 99 Bratislava, Slovakia.
1.4 The Terms apply to all Plans including the free Plan and to the Trial period.
1.5 Diverging written arrangements in an individual contract between the Provider and the Customer take precedence over these Terms.
2. Definitions
2.1 Service means the kvestor.app online reservation and property management system provided as software as a service (SaaS), accessible through the web application, the booking widget and the interfaces to connected Sales channels.
2.2 Customer means a natural or legal person who has created an Account and concluded a Contract with the Provider. The Customer is typically an accommodation provider or a property manager.
2.3 User means a natural person to whom the Customer has granted access to its Account within the permissions the Customer defines.
2.4 Account means the Customer's workspace in the Service including all data stored in it.
2.5 Accommodation unit means a separately bookable unit (a cottage, apartment, room and similar) recorded by the Customer in the Service. The number of Accommodation units is the basis for calculating the Price.
2.6 Guest means a person who books or takes up accommodation with the Customer. The Guest is not a party to these Terms.
2.7 Plan means the scope of functionality and limits of the Service chosen by the Customer in accordance with the Price list.
2.8 Sales channel means an external portal or interface connected to the Service, in particular Booking.com, Megaubytovanie.sk, Hauzi.sk, the booking widget and calendar export in iCal format. The connection to Booking.com is technically provided through the Beds24.com service as a sub-processor of the Provider.
2.9 Price list means the current overview of Plan prices and Sales channel surcharges published at kvestor.app and in the Service.
2.10 Subscription period means the period for which the Customer has prepaid a paid Plan.
2.11 Contract means the contract for the provision of the Service concluded between the Provider and the Customer, consisting of these Terms, the chosen Plan and the Price list.
3. Registration, Account and conclusion of the Contract
3.1 The Service may be used only after registration. During registration the Customer fills in the required data, confirms its agreement with these Terms and submits the registration form. Submission of the form constitutes an offer to conclude the Contract.
3.2 The Contract is concluded when the Account is made available to the Customer. The Provider confirms the conclusion of the Contract by e-mail.
3.3 The Provider records the version of the Terms the Customer agreed to together with the date of that agreement. The Customer may request this confirmation at any time.
3.4 The Customer is obliged to provide true and complete data and to update it without undue delay, in particular its billing data and contact e-mail address.
3.5 The Provider is entitled to refuse a registration or to cancel an Account created on the basis of untrue data or in breach of these Terms.
3.6 The Customer is responsible for all actions carried out under its Account, including actions of its Users.
4. Subject matter and scope of the Service
4.1 The Provider grants the Customer access to the Service within the scope of the chosen Plan for the term of the Contract. The Service is provided solely by way of remote access; the Provider does not hand over a copy of the software or the source code to the Customer.
4.2 The functionality covers in particular the management of properties and Accommodation units, the reservation calendar including bulk editing of prices and minimum stay, price lists, discounts and additional services, moving a reservation, the inbox of unconfirmed reservations and conflicts from Sales channels, Guest records and the guest register, local accommodation tax documents and the residence report, connections to Sales channels including per-channel price markups, the booking widget, calendar export in iCal format, deposits and damage deposits including payment requests with a Pay by Square QR code, automated e-mails to Guests, gift vouchers, self check-in, guest ratings, statistics, data export to XLSX and PDF, and user accounts with permissions. The specific scope and limits are determined by the Plan in accordance with the Price list; the current description of the functionality is published at kvestor.app.
4.3 The Provider develops the Service on an ongoing basis. It is entitled to change, extend and replace functionality provided that this does not substantially reduce the overall scope of performance corresponding to the chosen Plan. The Provider will give at least 30 days' notice before discontinuing functionality that the Customer demonstrably uses and that is material to its use of the Service.
4.4 The Provider may make available features marked as experimental or “beta”. These are provided without any warranty as to their operation and their availability may be discontinued at any time.
4.5 The availability of connections to individual Sales channels depends on the operators of those channels and on the terms the Customer has agreed directly with them. The Provider is not liable for outages, interface changes or termination of cooperation on the part of a Sales channel operator.
5. Licence and intellectual property rights
5.1 The Provider grants the Customer a non-exclusive, territorially unlimited, non-transferable and non-sublicensable licence to use the Service for the term of the Contract, solely for the Customer's own business or personal purposes within the scope of the chosen Plan.
5.2 All intellectual property rights in the Service, its software, source code, database structure, design, documentation and trade marks belong to the Provider or its licensors. The Contract does not transfer any of these rights to the Customer.
5.3 The Customer must not, in particular: reverse engineer, decompile or disassemble the Service; circumvent the technical limits of the Plan; make the Service available to a third party for consideration or free of charge, rent it out or offer it as its own service; automatically download the content of the Service beyond ordinary use and the published interface; use the Service to create a competing product.
5.4 The data the Customer enters into the Service or that arises in it, including data about Guests, reservations and price lists, remains the Customer's. The Provider processes it solely for the purpose of providing the Service and in accordance with Annex 1.
5.5 The Provider is entitled to process statistical and technical data on the use of the Service in a form that does not allow identification of the Customer, its Guests or its business data, for the purpose of operating, securing and improving the Service.
5.6 The Customer grants the Provider a royalty-free licence to use its business name and logo solely for technical display in the Service, in e-mails to Guests, in the booking widget and in documents the Service generates for the Customer.
6. Trial period
6.1 The Provider offers new Customers a free trial period of 14 days from the creation of the Account. No payment card is required to start the trial period.
6.2 During the trial period the Customer has access to functionality determined by the Provider, as a rule within the scope of a paid Plan.
6.3 If the Customer does not purchase a paid Plan before the trial period expires, clause 8.4 applies to its Account. Neither the Account nor the data in it is deleted.
6.4 The trial period may be used once. The Provider is entitled not to grant it repeatedly to the same Customer or to affiliated entities.
7. Plans, Price and payment terms
7.1 The Service is provided in Plans in accordance with the Price list. The free Plan is provided without charge within the limits stated in the Price list.
7.2 The Price of a paid Plan is determined per Accommodation unit per month. Surcharges for individual connected Sales channels are added to the Price in accordance with the Price list.
7.3 Paid Plans are paid in advance for a chosen Subscription period of 1, 6 or 12 months. A discount under the Price list applies to longer Subscription periods.
7.4 Prices in the Price list are stated exclusive of value added tax. Tax is added at payment according to the country and tax status of the Customer. Where the Customer is registered for tax in another EU member state, the reverse charge mechanism applies if the statutory conditions are met.
7.5 Payment is made by payment card through the Stripe payment gateway. The Provider has no access to the Customer's payment card details.
7.6 An invoice is issued to the Customer after the payment is received and made available electronically. The Customer agrees to the issuance of the invoice in electronic form.
7.7 The Customer is obliged to state correct billing data including its tax identification number. The Customer is liable for any damage arising from incorrectly stated data.
7.8 Bank charges associated with the payment are borne by the Customer.
8. Plan changes, renewal of the Subscription period and Price list changes
8.1 The Customer may upgrade to a higher Plan or increase the number of Accommodation units at any time. The price difference for the remaining part of the Subscription period is paid in a single payment at the time of the change.
8.2 A downgrade to a lower Plan or a reduction in the number of Accommodation units takes effect from the following Subscription period. The Price already paid is neither refunded nor pro-rated.
8.3 The Subscription period does not renew automatically and the Provider does not charge the Customer any payments automatically. The Provider notifies the Customer by e-mail in advance of an approaching expiry of the Subscription period.
8.4 If the Customer does not extend the Subscription period, the scope of the Service is restricted once it expires. The Customer retains access to the Account and to the stored data, including viewing and exporting it, as well as the actions needed to extend the Subscription period, change the Plan and complete the billing details. Entering and changing data in the Account is suspended, in particular creating and editing reservations, managing properties and price lists, issuing gift vouchers and changing settings. Receiving reservations from the booking widget and from connected Sales channels, online payments by Guests, self check-in and automated e-mails to Guests remain operational; the Customer cannot, however, work with reservations received in this way in the Account. The Account moves to the free Plan if the Customer meets its limits; if it exceeds them, the restriction under this clause continues until the Customer extends the Subscription period or reduces the scope of the Account to the limits of the free Plan. The Customer’s data is under no circumstances deleted.
8.5 The Provider is entitled to change the Price list. The Price of a Subscription period already purchased and not yet expired cannot be changed. The Provider notifies the Customer of a Price list change by e-mail at least 30 days before it takes effect.
8.6 If the Customer does not agree with a Price list change, it does not have to extend the Subscription period; clause 8.4 then applies to its Account.
9. Refunds and reversed payments
9.1 The Price paid for a Subscription period is not refunded, save in the cases set out in these Terms and save for statutory claims, including where the Service has not been used in full.
9.2 If the Provider refunds a payment to the Customer or if a payment is charged back against the Provider, access to paid features is shortened to the date covered by the last payment that has not been refunded, and clause 8.4 applies to the Account.
9.3 This is without prejudice to a consumer's right of withdrawal under article 18.
10. Online payments by Guests
10.1 The Service allows the Customer to accept payment card payments from Guests through a connected Stripe account. This feature is optional and requires the Customer to set up a separate account with the payment service provider.
10.2 The Provider is not a party to the payment between the Guest and the Customer and is not the recipient of those payments. Payments are credited directly to the Customer's account with the payment service provider. The Provider neither holds nor administers funds of Guests or of the Customer.
10.3 The payment processing relationship arises directly between the Customer and the payment service provider and is governed by that provider's terms. The Customer is obliged to comply with those terms, including identity verification and submission of the required documents.
10.4 Refunds to Guests, accommodation complaints, chargebacks and disputes with Guests are handled solely by the Customer. Payment service provider fees and chargeback losses are borne by the Customer.
10.5 The Provider is not liable for the suspension, restriction or closure of the connected account by the payment service provider, nor for delayed crediting of funds.
10.6 The same rules apply as appropriate to deposit and damage deposit requests and to gift vouchers issued by the Customer through the Service. The Provider is merely a technical tool for issuing and recording them; the Customer is responsible for their content, validity and settlement.
10.7 If the payment service provider debits the Provider’s account with amounts arising from chargebacks, a negative balance, penalties or fees of the Customer’s connected account, the Customer will reimburse those amounts to the Provider within 14 days of receiving a request together with evidence of the debit.
10.8 The Provider does not charge any commission on payments by Guests. Introducing a commission is an amendment to the Terms under article 19 and may be applied only after it takes effect.
11. Rights and obligations of the Customer
11.1 The Customer is obliged to protect the Account access credentials, not to disclose them to third parties and to notify the Provider without undue delay of any suspected misuse.
11.2 The Customer is responsible for the content it enters into the Service, in particular for the accuracy of accommodation descriptions, photographs, price lists and texts in e-mails to Guests, and for ensuring that their use does not infringe the rights of third parties.
11.3 The Customer must not use the Service to send unsolicited communications, for unlawful, misleading or fraudulent activity, or in a manner that places an unreasonable load on the Provider's infrastructure or endangers its security.
11.4 The Customer is obliged to ensure that its Users comply with these Terms. Acts of a User are deemed to be acts of the Customer.
11.5 In the event of a material breach of the obligations under this article the Provider is entitled to restrict or suspend access to the Service. It will inform the Customer of the suspension without delay and state the reason; where the nature of the breach allows, it will first request remedy within a reasonable period.
11.6 If the Customer deploys the booking widget on its website, it must display its own terms and conditions and information about the processing of personal data there and obtain the consents required by electronic communications legislation. The Customer acknowledges that the widget sends technical events about the course of a reservation, including the amount and currency, to the data layer (dataLayer) of its website, and that the Customer, as controller, is responsible for any further processing of those events by tools deployed on its site. The public forms of the widget use the Google reCAPTCHA service to protect against automated abuse.
11.7 The Customer is responsible for the way the Guest ratings feature is used, including how the collected feedback is processed and published, also from the perspective of unfair commercial practices legislation. The Provider supplies only the technical tool for requesting and recording it.
12. Statutory obligations of the accommodation provider
12.1 The Service contains tools for keeping the guest register, for calculating local accommodation tax and producing the related documents, and for residence reporting. These are technical tools for processing data entered by the Customer.
12.2 The Customer alone is responsible for complying with the statutory obligations of an accommodation provider towards the municipality, public authorities and Guests, including the accuracy, completeness and timeliness of the recorded and reported data and compliance with statutory deadlines.
12.3 The Provider does not warrant that the outputs of the Service comply with the individual requirements of a particular municipality or authority. The Customer is obliged to verify those requirements.
12.4 Documents and outputs generated by the Service do not constitute tax, accounting or legal advice.
13. Availability of the Service, maintenance and support
13.1 The Provider will use reasonable professional efforts to keep the Service continuously available. Under the Free and Standard Plans it does not warrant uninterrupted or error-free operation. A specific availability commitment for the Pro Plan is set out in clause 13.6.
13.2 The Provider is entitled to interrupt the Service for the time necessary for maintenance, updates or security reasons. It will announce planned interruptions expected to affect use of the Service in advance where circumstances allow, and will carry them out preferably outside usual business hours.
13.3 The Provider is not liable for unavailability caused by circumstances beyond its control, in particular an outage of the Customer's internet connection, an event of force majeure, or an outage of a Sales channel or of the payment service provider.
13.4 Technical support is provided by e-mail at info@kvestor.app on business days. The Provider responds without undue delay; under the Free and Standard Plans no guaranteed response time is agreed. Under the Pro Plan the Provider undertakes to respond to a request received on a business day by the end of the following business day (priority support).
13.5 Customer data is stored on servers located within the European Union and the database is backed up regularly. Backups serve to restore the Provider's operations and do not replace the Customer's obligation under clause 14.5.
13.6 Under the Pro Plan the Provider undertakes that the availability of the web application will reach at least 99 % per calendar month. Announced interruptions under clause 13.2 and unavailability for the reasons under clause 13.3 are not counted as unavailability. If availability in a calendar month falls below 99 %, the Customer is entitled to a credit equal to the proportionate part of the Price attributable to the period of unavailability, which the Provider will set off against the next Subscription period. The Customer must claim it by e-mail within 30 days of the end of the relevant calendar month. The credit is the Customer’s sole remedy for a failure to meet availability; this is without prejudice to consumer rights under article 18.
14. Liability for defects and limitation of liability
14.1 The Provider warrants that, for the term of the Contract, the Service has the characteristics corresponding to the chosen Plan and to the published description.
14.2 The Customer is obliged to report a defect without undue delay after discovering it to info@kvestor.app, describing the defect and how to reproduce it. The Provider will remedy the defect within a reasonable period corresponding to its severity.
14.3 Behaviour of the Service caused by incorrect use, incorrectly entered data, acts of a User or of a third party is not a defect, nor is functionality that is not part of the chosen Plan.
14.4 The Provider is not liable for indirect damage, loss of profit, loss of revenue, loss of business opportunity, or for claims of third parties including claims of Guests.
14.5 The Customer acknowledges that the Service allows the export of entered data and is obliged to create its own backups to a reasonable extent.
14.6 The total damages payable by the Provider to the Customer across all claims arising from the Contract are limited to the amount of the Price the Customer paid to the Provider for the 12 months preceding the occurrence of the damage.
14.7 The limitations under clauses 14.4 and 14.6 do not apply to damage caused intentionally or by gross negligence, to personal injury, or to the extent that legislation does not permit them, in particular towards a consumer.
14.8 The Customer will compensate the Provider for damage and costs arising from third-party claims that result from content entered into the Service by the Customer or from a breach of its obligations under articles 11 and 12.
15. Confidentiality
15.1 The parties are obliged to keep confidential the other party's confidential information obtained in connection with the Contract and not to use it for any purpose other than performance of the Contract.
15.2 Information that is publicly known, information obtained independently of the other party and information whose disclosure is required by law or by a decision of a public authority is not considered confidential.
15.3 The Provider is entitled to disclose confidential information to its employees and subcontractors to the extent necessary for providing the Service, provided it binds them by the same duty of confidentiality.
15.4 The duty of confidentiality lasts for three years after the end of the Contract.
16. Protection of personal data
16.1 The processing of personal data of the Customer and its Users, in which the Provider acts as controller, is described in the Privacy policy.
16.2 In the processing of personal data of Guests and other persons that the Customer enters into the Service, the Customer is the controller and the Provider is the processor. The conditions of that processing are governed by Annex 1, which is an agreement under article 28 of Regulation (EU) 2016/679.
16.3 The Customer is responsible for having a lawful basis for entering and processing such data in the Service and for having complied with its information duty towards the data subjects.
17. Term and termination of the Contract
17.1 The Contract is concluded for an indefinite term.
17.2 The Customer may terminate the Contract at any time by e-mail or by deleting the Account in the Service. Termination takes effect at the end of the current Subscription period; the Price paid is not refunded. The Customer may request immediate deletion of the Account, thereby waiving the remaining part of the Subscription period.
17.3 The Provider may terminate the Contract with a notice period of two months, beginning on the first day of the month following delivery of the notice. If the notice period expires before the end of a paid Subscription period, the Provider will refund the Customer the proportionate part of the Price paid.
17.4 Either party may withdraw from the Contract with immediate effect in the event of a material breach of obligations by the other party that has not been remedied even within an additional reasonable period set in a written request.
17.5 After the Contract ends the Provider will make the Customer’s data available for download for at least 30 days. After that period it will delete the data unless its retention is required by law; on backups the data is deleted as part of the ordinary overwrite cycle. The procedure for switching to another provider, including time limits and the scope of assistance, is set out in Annex 2, which prevails over this clause in matters of switching.
17.6 If no one logs in to an Account for 6 months and the Account is at that time held on the free Plan or its Subscription Period has already ended, the Provider will notify the Customer of this by e-mail. If the Customer does not log in to the Account within 30 days of the notice, the Provider is entitled to terminate the Contract with immediate effect and close the Account; this is without prejudice to clause 17.5 and Annex 2.
17.7 Termination of the Contract is without prejudice to claims that arose before it ended and to provisions that by their nature are to survive its end, in particular articles 5, 14 and 15.
18. Special provisions for consumers
18.1 This article applies to a Customer who is a natural person and who, when concluding the Contract, is not acting within the scope of its business activity (the “consumer”). Where its provisions conflict with the other articles, this article prevails.
18.2 Pre-contractual information on the main characteristics of the Service, its price, the term of the Contract and the method of payment is set out in the Price list and in these Terms. The Contract is concluded in the Slovak or English language and the Provider archives it in electronic form.
18.3 The consumer has the right to withdraw from a distance contract within 14 days from its conclusion, without giving a reason and without penalty. It is sufficient to send the withdrawal by e-mail to info@kvestor.app before that period expires.
18.4 If the consumer requests that provision of the Service begin before the withdrawal period expires and expressly consents to that start, the consumer acknowledges that the right of withdrawal is lost once the Service has been fully provided. If the consumer withdraws while the Service is being provided, the consumer pays the proportionate part of the Price for the performance provided up to the withdrawal.
18.5 A consumer may submit a complaint about a defect of the Service by e-mail to info@kvestor.app. The Provider will issue confirmation of the complaint without undue delay, decide on the manner of its handling within 3 business days and settle the complaint no later than 30 days from its submission.
18.6 A consumer has the right to ask the Provider for redress if dissatisfied with the way a complaint was handled. If the Provider replies in the negative or does not reply within 30 days, the consumer has the right to file a proposal to commence alternative dispute resolution under Act No. 391/2015 Coll. The competent body is the Slovak Trade Inspection, Bajkalská 21/A, 827 99 Bratislava, or another authorised legal entity entered in the list maintained by the Ministry of Economy of the Slovak Republic.
18.7 These Terms in no way limit the consumer's rights arising from Act No. 108/2024 Coll. on consumer protection and from the Civil Code.
19. Changes to the Terms
19.1 The Provider is entitled to amend these Terms, in particular as a result of changes in legislation, in the scope of the Service or in the manner of its provision.
19.2 The Provider will notify the Customer of an amendment to the Terms, including their annexes, at least 30 days before it takes effect, by e-mail or by a notice in the Service. The amended version will be published at this address together with its version identifier and effective date. In the notice the Provider will expressly draw the Customer’s attention to the consequence under clause 19.3.
19.3 If the Customer does not agree with the amendment, it is entitled to terminate the Contract no later than the day preceding the effective date of the amendment; in that case the previous version applies until the Contract ends and the Provider will refund the proportionate part of the Price paid for the unused Subscription period. If the Customer does not terminate the Contract within that period and continues to use the Service after the effective date of the amendment, the new version is deemed accepted.
19.4 The procedure under clause 19.2 applies as appropriate to the processing of personal data under Annex 1; an amendment that would lower the level of protection of personal data requires the Customer's consent.
19.5 Customers who concluded the Contract before this version of the Terms took effect are bound by it from its effective date, provided it was notified to them in accordance with clause 19.2.
20. Governing law and final provisions
20.1 The Contract and these Terms are governed by the law of the Slovak Republic, in particular the Commercial Code and, towards a consumer, the Civil Code and Act No. 108/2024 Coll. The choice of law does not deprive a consumer of the protection afforded by the law of the country of their habitual residence.
20.2 Disputes arising from the Contract are decided by the courts of the Slovak Republic. This is without prejudice to the jurisdiction applicable to a consumer under special legislation.
20.3 If any provision of these Terms becomes invalid or ineffective, the remaining provisions remain in force and the invalid provision is replaced by a provision closest to it in content and purpose.
20.4 The Customer is not entitled to assign rights and obligations under the Contract without the Provider's written consent. The Provider is entitled to assign them to its legal successor; in that case the Customer is entitled to terminate the Contract within 30 days of the notification.
20.5 Neither party is liable for a failure to perform caused by force majeure, in particular a natural disaster, armed conflict, a large-scale outage of power or telecommunications networks, or a decision of a public authority.
20.6 These Terms take effect on 1 October 2026 and replace the previous version of the General terms and conditions of use.
Annex 1 – Data processing agreement
This annex is a data processing agreement under article 28(3) of Regulation (EU) 2016/679 of the European Parliament and of the Council (the “GDPR”). It is concluded between the Customer as controller and the Provider as processor and is effective for the term of the Contract.
A.1 Subject matter and purpose. The Provider processes personal data solely for the purpose of providing the Service under the Contract, that is, operating the reservation and property management system including sending e-mails to Guests, transferring data to connected Sales channels and generating reports and documents for the Customer.
A.2 Categories of data subjects. Guests and their co-travellers, the Customer's contact persons and persons whose data the Customer enters into the Service.
A.3 Types of personal data. Identification data (name, surname, date of birth, nationality), contact data (e-mail, telephone, address), identity document number to the extent necessary for keeping the guest register, stay and reservation data, payment data and notes entered by the Customer. Special categories of personal data under article 9 GDPR are not processed; the Customer is not entitled to enter them into the Service.
A.4 Instructions. The Provider processes personal data only on documented instructions from the Customer. Instructions mean the Contract, this annex and the Customer's use of the features of the Service. If the Provider believes that an instruction infringes the GDPR or other data protection legislation, it will inform the Customer without delay.
A.5 Confidentiality. The Provider will ensure that persons authorised to process personal data are bound by confidentiality and have access to the data only to the extent necessary to perform their tasks.
A.6 Security. The Provider has implemented technical and organisational measures under article 32 GDPR, in particular encryption of data in transit, role- and permission-based access control, separation of individual Customers' data, regular backups, logging of access and changes, and ongoing software updates.
A.7 Sub-processors. The Customer grants the Provider general authorisation to engage further processors. The current list is set out in the Privacy policy. The Provider will give at least 14 days' notice of an intention to replace a sub-processor or engage a new one; the Customer may raise a reasoned objection within that period and, if the Provider does not accommodate it, the Customer is entitled to terminate the Contract as of the effective date of the change. The Provider will bind each sub-processor by obligations corresponding to this annex and is liable for its performance as for its own.
A.8 Rights of data subjects. The Provider will give the Customer reasonable assistance in handling data subject requests. If a data subject request is addressed directly to the Provider, it will forward it to the Customer without undue delay and will not handle it itself.
A.9 Personal data breach. The Provider will notify the Customer of a personal data breach without undue delay and no later than 48 hours after becoming aware of it, together with the information the Customer needs to comply with its notification duties under articles 33 and 34 GDPR.
A.10 Assistance. The Provider will assist the Customer with data protection impact assessments and with prior consultation of the supervisory authority, to the extent corresponding to the nature of the processing and the information available to it.
A.11 Audit. Upon the Customer's written request the Provider will make available the information necessary to demonstrate compliance with the obligations under this annex and will allow an audit at most once a year, at a date agreed at least 30 days in advance and without disrupting operations. The costs of the audit are borne by the Customer unless a breach of the Provider's obligations is found.
A.12 Transfers outside the European Union. Personal data is stored on servers within the European Union. Transfers to a third country occur only through the sub-processors on the list and only on the basis of an adequacy decision or standard contractual clauses under article 46 GDPR.
A.13 Termination. After the Contract ends the Provider will make the data available to the Customer for download for at least 30 days and will then delete it in accordance with clause 17.5 of the Terms and Annex 2, unless its retention is required by law.
A.14 Precedence. In the event of a conflict between this annex and the other provisions of the Terms, this annex prevails in matters of personal data processing.
Annex 2 – Switching to another provider
This annex contains the contractual terms required by articles 25 and 26 of Regulation (EU) 2023/2854 of the European Parliament and of the Council on harmonised rules on fair access to and use of data (the “Data Act”). It applies to the Service as a data processing service.
B.1 Right to switch. The Customer is entitled at any time during the term of the Contract to start switching to the service of another provider or to its own infrastructure, or to terminate the Contract and have its data erased. Switching starts with a notice sent to info@kvestor.app.
B.2 Notice period. The notice period for starting the switch is at most two months and begins on delivery of the notice under clause B.1. The Customer may specify a shorter period in the notice.
B.3 Transitional period. The notice period is followed by a transitional period of 30 calendar days during which the Provider supplies the Service and the assistance under clause B.5 unchanged. The Customer is entitled to request, once, an extension of the transitional period to a period it considers more appropriate. If completing the switch within 30 days is technically unfeasible, the Provider will inform the Customer within 14 working days of delivery of the notice under clause B.1 and the transitional period is extended by the time necessary to complete the switch, but by no more than seven months.
B.4 Data retrieval. After the end of the transitional period or after the Contract ends, the Provider will make the Customer’s data available for download for at least 30 days.
B.5 Assistance and continuity. The Provider will give the Customer and any third party designated by it reasonable assistance with the switch, in particular by making available the exports under clause B.6 and providing information about the structure of the exported data. During the transitional period it will maintain continuity of the Service and will inform the Customer in advance of known risks associated with the switch, in particular that connections to Sales channels and to the payment service provider are tied to the Account in the Service and cease when it is closed.
B.6 Exportable data and formats. The Customer may at any time export from the Service the data about properties and Accommodation units, reservations, Guest data, the guest register, local accommodation tax documents, price lists, discounts and additional services, gift vouchers and payment overviews, in XLSX or PDF format, and calendar availability in iCal format. Operational and security logs, the content of communications with support, database backups and data that arises solely inside the Service and has no substantive meaning outside it are not exportable.
B.7 Erasure. After the switch is completed and the period under clause B.4 has expired, the Provider will erase the Customer’s data; on backups it is erased as part of the ordinary overwrite cycle. Erasure does not apply to data whose retention is required by law.
B.8 Charges. The Provider charges nothing for switching or for retrieving data. From 12 January 2027 switching charges are excluded in full.
B.9 Location of infrastructure. The Customer’s data is processed and stored on servers located in the European Union. The list of sub-processors, including their locations, is set out in the Privacy policy.
B.10 Access by third-country authorities. The Provider does not operate infrastructure outside the European Union. The Provider will comply with a request by a third-country authority for access to or transfer of the Customer’s data only where it is based on an international agreement in force between the third country concerned and the European Union or a Member State. It will inform the Customer of such a request unless prohibited by law. The technical and organisational measures against unauthorised access are described in clause A.6 of Annex 1.
B.11 Precedence. In matters of switching this annex prevails over the other provisions of the Terms. The Customer’s rights under the Data Act are not affected or limited by this annex.