Welcome to OTAlytics. These Terms of Service ("Terms") govern your access to and use of OTAlytics's website, services, and applications (collectively, the "Service").
By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not use the Service.
These Terms constitute a legally binding agreement between you ("you," "your," or "User") and OTAlytics ("we," "us," or "our").
OTAlytics is a search ranking tracking service designed for tour operators. Our Service monitors and reports on the search ranking positions of your tour listings across multiple Online Travel Agency (OTA) platforms, including:
The Service provides:
Features and availability vary by subscription plan (see Section 4).
You must be at least 18 years old and capable of entering into legally binding contracts to use the Service. By creating an account, you represent and warrant that you meet these requirements.
When registering, you must provide accurate, current, and complete information. You agree to update your information promptly if it changes.
You are responsible for:
We are not liable for any loss or damage arising from your failure to protect your account credentials.
You may only create one account. Creating multiple accounts to circumvent plan limits is prohibited and may result in termination of all accounts.
OTAlytics offers the following subscription tiers:
Plan limits are strictly enforced. You will not be able to add tours or keywords that exceed your plan limits. To add more, you must upgrade to a higher-tier plan.
We reserve the right to modify subscription pricing with 30 days' notice. Existing subscribers will be grandfathered at their current price for a minimum of 12 months from the date of the price change announcement.
Subscriptions are billed monthly in advance. Your subscription automatically renews each month on the anniversary of your initial subscription date.
Payment processing is handled by Stripe. You must provide a valid payment method to subscribe to a paid plan. By providing your payment information, you authorize us to charge the applicable fees to your payment method.
If a payment fails, we will attempt to process it again. If payment continues to fail after 3 attempts over 10 days:
Refunds are governed by our Refund & Cancellation Policy (see separate document). Generally, we offer a 14-day money-back guarantee for first-time subscribers.
Prices do not include applicable taxes (VAT, GST, etc.). You are responsible for paying all taxes associated with your subscription. We will collect and remit taxes as required by law.
As a user of the Service, you agree to:
You may NOT use the Service to:
For a complete list of prohibited activities, see our Acceptable Use Policy (separate document).
The Service, including its software, design, graphics, text, and other content (excluding User Data), is owned by OTAlytics and protected by copyright, trademark, and other intellectual property laws.
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes, subject to these Terms.
You may not:
If you provide feedback, suggestions, or ideas about the Service, you grant us a perpetual, worldwide, royalty-free license to use, modify, and incorporate such feedback without any obligation to you.
You retain all ownership rights to the data you submit to the Service, including tour URLs, keywords, and any other content ("User Data").
By using the Service, you grant us a license to collect, store, process, and display your User Data solely to provide the Service to you.
Ranking data, search results, and insights generated by the Service are provided to you for your use. However, the underlying algorithms, methodologies, and aggregated data remain our property.
Data scraped from public OTA platforms (competitor rankings, search results, etc.) is collected in accordance with applicable laws. This data is provided for informational purposes only.
You can export your ranking data at any time in CSV or JSON format through the dashboard.
We strive to maintain high availability of the Service but do not guarantee uninterrupted access. The Service may be unavailable due to:
We do not currently offer a Service Level Agreement (SLA) or uptime guarantees. We will make reasonable efforts to restore service quickly in case of outages.
While we strive for accuracy, we do not guarantee that ranking data is 100% accurate or up-to-date. Rankings may vary based on:
We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice. We may:
We will make reasonable efforts to notify you of material changes that negatively impact your use of the Service.
You may cancel your subscription at any time through your account settings or the Stripe customer portal. Cancellation takes effect at the end of your current billing period.
You may also delete your account entirely, which will result in permanent deletion of your data within 30 days (see Privacy Policy for details).
We may suspend or terminate your account immediately, without notice, if you:
Upon termination:
Sections 8 (Intellectual Property), 9 (Data Ownership), 13 (Disclaimers), 14 (Limitation of Liability), 15 (Indemnification), and 16 (Governing Law) survive termination.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
We disclaim all warranties, including but not limited to:
We do not warrant that the Service will meet your requirements or that ranking data will be accurate or up-to-date.
Use of the Service is at your own risk. You are solely responsible for any decisions made based on data provided by the Service.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OTALYTICS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:
OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR €100, WHICHEVER IS GREATER.
Some jurisdictions do not allow limitation of liability for certain types of damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.
You agree to indemnify, defend, and hold harmless OTAlytics, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:
We reserve the right to assume exclusive defense and control of any matter subject to indemnification, in which case you will cooperate with us.
These Terms are governed by the laws of the European Union and the jurisdiction where OTAlytics is registered, without regard to conflict of law principles.
You agree to submit to the exclusive jurisdiction of the courts in that jurisdiction for any disputes arising from these Terms or the Service.
If you have a dispute with us, please contact us at support@otalytics.com first. We will attempt to resolve the dispute informally within 30 days.
If informal resolution fails, both parties agree to attempt mediation before pursuing litigation.
For disputes under €10,000, both parties agree to binding arbitration under the rules of [European Arbitration Organization].
You agree to resolve disputes with us on an individual basis and waive any right to participate in class actions or representative proceedings.
We may update these Terms from time to time. We will notify you of material changes by:
Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms. If you do not agree with the changes, you must stop using the Service and cancel your subscription.
Material changes will take effect 30 days after notice is provided, except for changes required by law, which may take effect immediately.
If you have questions about these Terms, please contact us:
Email: legal@otalytics.com
Support: support@otalytics.com
Important: By creating an account or using OTAlytics, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy.