General Terms of Use
v1.0.0
1. Legal notices and identification
1.1 Website and Platform Publisher
Legal name: HOXBOOK SAS
Legal form: Simplified joint-stock company
Share capital: [registration in progress] euros
Registered office: [registration in progress]
RCS: Paris [registration in progress]
EU VAT number: [registration in progress]
Legal representative: Quentin Martin acting in the capacity of President of HOXBOOK SAS
Contractual contact email: admin@hoxbook.com
Public website: www.hoxbook.com
Application platform: www.app.hoxbook.com
1.2 Website Hosting Provider
Website hosting provider:
Legal name: Framer B.V.
Address: Rozengracht 207B, 1016 LZ Amsterdam, Netherlands.
Hosting provider contact: support@framer.com.
1.3 Application Platform Hosting
The main hosting of the Hoxbook application platform, including the main database used for the Services, is provided by:
Provider: Supabase
Main infrastructure location: mainland France
Hoxbook may also use other technical providers for certain components (DNS, network security, content delivery, email and SMS delivery), in accordance with the article relating to Personal Data in these Terms of Use and the attached GDPR appendix to the Terms and Conditions.
2. Preamble
These Terms of Use (hereinafter the "Terms") are intended to define the conditions and terms of access to and use of:
the public website published by Hoxbook and accessible at
https://www.hoxbook.com(hereinafter the "Website");and the SaaS software platform Hoxbook, accessible in particular at
https://www.app.hoxbook.com(hereinafter the "Platform"), enabling Clients and their authorized Users to use the Services.
Hoxbook publishes and markets a SaaS software solution intended for the operational and commercial management of accommodation establishments, including hotels, serviced residences, tourist residences, aparthotels, guest houses and, more generally, any professional accommodation operator.
The services provided by Hoxbook via the Platform (hereinafter the "Services") are exclusively intended for professional customers acting for the purposes of their business, to the exclusion of any consumer or non-professional within the meaning of the Consumer Code.
These Terms of Use:
govern the use of the Website by any internet user;
and govern the use of the Platform by Hoxbook's professional Clients (hereinafter the "Clients") and their authorized users (hereinafter the "Users").
They do not replace:
Hoxbook's Terms and Conditions of Sale (hereinafter the "TCS");
nor any quotes, purchase orders, special terms, technical, financial or GDPR appendices, or any other contractual document signed or accepted between Hoxbook and a Client, which govern the commercial, financial and contractual terms for the provision of the Services.
The financial terms (prices, invoicing, revision), duration, renewal and termination terms, reversibility of Client Data, as well as the liability caps and limits of Hoxbook, are defined exclusively in the TCS and/or the special terms applicable to the Client.
In the event of any conflict between these Terms of Use and a contractual document signed or accepted by the Client (TCS, special terms, appendices), the latter shall prevail over the Terms of Use.
3. Definitions
For the purposes of these Terms of Use, the following terms, whether used in the singular or plural, shall have the meanings set out below:
Client Administrator: natural person designated by the Client to manage access, permissions, settings and authorized Users on the Platform.
Client: any legal entity or sole proprietor acting solely for professional purposes and subscribing to the Services.
Account: logical space created within the Platform for the Client or for an authorized User, allowing access to the features within the limits of the rights assigned.
Client Data: any data, information, content, document, file, setting, message, log, trace or record imported, entered, generated, transmitted, stored or processed via the Platform on behalf of the Client.
Personal Data: any information relating to an identified or identifiable natural person within the meaning of applicable regulations, including Regulation (EU) 2016/679 of 27 April 2016 ("GDPR") and the French Data Protection Act.
Platform: SaaS software solution published and operated by Hoxbook, accessible remotely via the internet, allowing the Client to benefit from the Services, notably via the URL
https://www.app.hoxbook.com.Services: all services provided by Hoxbook to the Client under the applicable contract (TCS, special terms, quote, purchase order), including in particular access to the Platform and the associated services.
Website: public website operated by Hoxbook at
https://www.hoxbook.com, presenting in particular the Hoxbook Services offering and, where applicable, enabling contact with Hoxbook.User: any natural person authorized by the Client to access the Platform and/or browsing the Website, including the Client's staff members.
The Website and the Platform are jointly referred to as the "Online Services" where the context requires it.
4. Acceptance of the Terms and scope of application
4.1. Acceptance by Users
Access to the Website and use of the Platform imply full, complete and unconditional acceptance of these Terms of Use by the User.
When the User accesses the Platform on behalf of a Client, they represent and warrant that they:
act in a professional capacity;
are duly authorized by the Client to use the Platform;
have read these Terms of Use and agree to comply with them.
As the Services offered by Hoxbook via the Platform are exclusively intended for professional customers, the consumer protection provisions applicable to consumers or non-professionals do not apply to the contract entered into between Hoxbook and the Client.
The Terms of Use govern:
the use of the Website by any internet user;
and the use of the Platform by Clients and their authorized Users, under the applicable contract (TCS, special terms, appendices).
4.2. Exclusively professional clientele
The Services offered by Hoxbook are exclusively intended for professional customers. Accordingly, the consumer protection provisions applicable to consumers or non-professionals do not apply to the contract entered into between Hoxbook and the Client.
4.3. Relationship with the TCS and other contractual documents
The Terms of Use govern the terms of use of the Website and the Platform. The conditions for subscription, duration, renewal, termination, pricing, invoicing, price revision, reversibility, assignment and limitation of liability are defined in the TCS and the special terms applicable to the Client.
In the event of any conflict between:
these Terms of Use;
the TCS;
the special terms;
and/or the contractual appendices,
the higher-ranking document as defined in the TCS shall prevail.
5. Access to the Website and the Platform
5.1. Access to the Website
Access to the Website does not require the creation of an Account and is generally free, subject to:
maintenance, updates or technical upgrades;
any temporary restrictions related to security;
any sections of the Website reserved for authenticated Clients or Users.
5.2. Access to the Platform
Access to the Platform is reserved for Clients and Users authorized by them, within the limits of the access rights provided for in the subscribed offer and the applicable contract.
The Client Administrator is responsible for creating and managing User Accounts within the Platform.
5.3. Technical requirements
Access to the Website and the Platform requires that the Client and Users have:
access to the internet;
compatible computer equipment;
appropriate software, browsers and operating systems;
sufficient technical configuration.
These requirements, as well as the related costs (subscription, equipment, software, etc.), remain the sole responsibility of the Client and/or the User.
6. Creation, management and security of access
Hoxbook provides the Client, directly or through the Client Administrator, with the access necessary to use the Services. The Client remains solely responsible for:
creating, managing, modifying and deleting User Accounts;
determining the profiles, rights and permissions granted to each User;
regularly updating permissions based on arrivals, departures or changes in roles.
The Client and Users are responsible for the confidentiality of the login details, passwords, keys, secrets and authentication devices entrusted to them. They undertake to:
not disclose them to third parties;
take all reasonable measures to preserve their confidentiality;
notify Hoxbook without delay of any unauthorized access, loss, compromise or suspected compromise of their login details.
Any action performed through a User or Client Account shall be deemed to have been carried out under the Client's responsibility, unless proven otherwise.
7. License to use the Platform
Subject to payment of the price by the Client and compliance with the applicable contract, Hoxbook grants the Client, for the term of the contract, a personal, non-exclusive, non-assignable, non-transferable and non-sublicensable right to access and use the Platform for its internal professional needs only, within the limits of the subscribed offer.
Users benefit from a right of access derived from the rights granted to the Client, strictly within the scope of their duties and the permissions assigned to them.
The Client and Users acknowledge that no intellectual property rights are transferred to them over the Platform, the Website or any other element belonging to Hoxbook or its licensors as a result of accessing or using the Services.
8. Restrictions on use
The User and, more generally, the Client shall not, directly or indirectly:
copy, reproduce, display, adapt, modify or translate all or part of the Platform, except where otherwise required by mandatory law;
carry out any decompilation, reverse engineering, disassembly or attempt to access the source code, except where expressly authorized by law;
make the Platform available to unauthorized third parties;
rent, lend, resell, assign, share, pool or exploit the Platform for the benefit of third parties without Hoxbook's express written consent;
introduce into the Website, Platform or Services any virus, Trojan horse, malware or code intended to interrupt, limit, divert or alter their operation or security;
misuse the Website, Platform or Services, or use them for unlawful, fraudulent, misleading purposes or in a way that infringes third-party rights;
undermine the integrity, availability, security or confidentiality of the Website, Platform, Services or the data processed therein.
Hoxbook may verify, by any reasonable means, compliance with the Platform's terms of use.
9. General description of the Services
Depending on the offer subscribed to by the Client, the Services may include in particular:
reservation and stay management;
management of the establishment's customer relationship;
internal operational management of the establishment;
customer communication features (in particular via email and/or transactional SMS);
dashboards, exports and management tools;
integration with third-party software, APIs, PMS, SMS tools and email solutions;
hosting, maintenance, updates, security and support.
The Platform is a standardized SaaS solution. Unless expressly agreed otherwise in the special terms, Hoxbook is under no obligation to provide:
custom development;
data migration or complex historical data recovery;
bespoke configuration;
regulatory or business consulting;
managed services;
strategic support or organizational consulting.
The detailed characteristics of the Services, limitations and specific options are defined in the contractual documents (TCS, special terms, quote, purchase order) entered into with the Client.
10. Obligations of the Client and Users
The Client and Users undertake to use the Website, Platform and Services:
in accordance with their intended purpose;
in compliance with these Terms of Use;
in compliance with the applicable contract (TCS, special terms, appendices);
and in compliance with applicable laws and regulations, particularly in relation to business law, protection of Personal Data, intellectual property and labor law.
The Client undertakes in particular to:
provide accurate, truthful, complete and up-to-date information;
hold all rights, titles, authorizations and legal bases necessary for the Client Data it processes via the Platform;
not use the Services for unlawful, fraudulent, misleading purposes or in a way that infringes third-party rights;
ensure the security of its equipment, networks, systems, software, login details and access;
cooperate in good faith with Hoxbook, particularly in the event of an incident or inspection;
where relevant, carry out its own additional exports and backups of Client Data;
appoint, where applicable, a competent and available Client Administrator.
The Client remains solely responsible for:
the content, Client Data and processing it carries out via the Platform;
the instructions it gives to Hoxbook;
the compliance of its use of the Platform with the regulations applicable to its business;
the relationships it maintains with its own customers, users, suppliers and partners.
The detailed terms of reversibility and return of Client Data at the end of the contract are defined in the TCS and/or the special terms applicable to the Client, in particular the provisions dedicated to reversibility and data return.
11. Client Data
The Client remains the holder of all rights in the Client Data.
The Client grants Hoxbook, for the term of the applicable contract and solely for the purpose of performing the Services, a non-exclusive right to host, reproduce, display, technically adapt, process and transmit the Client Data to the extent strictly necessary to perform the Services.
The Client remains responsible for the relevance, accuracy, lawfulness and legal basis of the Client Data it processes via the Platform, as well as for the appropriateness of carrying out its own additional backups.
The detailed terms for reversibility, return and deletion of Client Data at the end of the contract are defined in the applicable TCS and GDPR appendix.
12. Support, maintenance, updates and availability
Hoxbook provides remote user support (notably by email) during working hours corresponding to Paris office hours, unless a more favorable specific commitment is provided for in the special terms applicable to the Client.
Support covers normal use of the Platform and reasonable assistance relating to the features offered. Unless otherwise agreed, support does not include:
support for the Client's equipment, software or networks;
malfunctions related to improper use or incorrect configuration;
the consequences of interventions by the Client or an unauthorized third party;
custom developments;
migration, recovery or advanced configuration services outside the offer.
Hoxbook provides corrective, preventive and evolving maintenance of the Platform according to the needs of its operation. Maintenance operations may cause temporary interruptions of the Services; where possible, they are carried out at times that minimize disruption for the Client.
Updates, fixes, security patches, technical upgrades and functional improvements necessary for the proper operation or security of the Platform may be deployed by Hoxbook without any special formalities. Unless otherwise stated in the special terms applicable to the Client, no quantified service level or minimum availability commitment is granted under these Terms of Use.
13. External dependencies and third-party services
The Client acknowledges that access to the Website, Platform and Services depends on:
telecommunications networks;
the Internet;
its own systems, equipment and software;
and, where applicable, third-party services with which the Platform is integrated (PMS, SMS solutions, email sending tools, etc.).
Hoxbook does not guarantee the total absence of incidents, latency, congestion or interruptions attributable to these external elements, nor the availability or performance of third-party services.
Hoxbook cannot be held liable for any failure of equipment, networks, software or third-party services not provided by Hoxbook, nor for any unavailability or disruption of a third-party provider, telecom operator, internet service provider, integrated service or third-party API.
14. Intellectual property
The Platform, the Website, their overall structure, architectures, software, interfaces, code, generic databases, graphic charters, trademarks, logos, names, documentation, visual elements, texts, know-how, methods and, more generally, all elements comprising the Services are and remain the exclusive property of Hoxbook or its licensors.
These Terms of Use do not entail any transfer of intellectual property rights for the benefit of the Client or Users.
Any unauthorized reproduction, representation, distribution, adaptation, translation, exploitation or use of all or part of these elements is prohibited and may give rise to any appropriate action, including legal proceedings.
15. Commercial references
Unless the Client has previously objected in writing, Hoxbook may refer to the Client's legal name, trade name and logo as a commercial reference, on any medium (presentations, website, commercial documents), in a proportionate manner and without disclosure of confidential information.
16. Confidentiality
All information, of any nature whatsoever, communicated by one party to the other or to which a party has access in connection with the use of the Platform or the performance of the applicable contract shall be considered confidential, including: technical, commercial, financial, organizational, strategic, contractual information, data, documentation, code, access credentials, processes, know-how and trade secrets.
Each party undertakes to:
keep the other party's information strictly confidential;
use it solely for the purposes of using or performing the Services;
disclose it only to persons who need to know it and who are subject to an appropriate confidentiality obligation;
take all useful measures to preserve its confidentiality.
The following shall not be considered confidential:
information that has entered the public domain through no fault of the receiving party;
information lawfully known to the receiving party before it was disclosed;
information lawfully received from a third party not bound by a confidentiality obligation;
information that must be disclosed by law, regulation, court decision or request from a competent authority.
The confidentiality obligations set out in this article shall survive for a period of three (3) years from the end of the applicable contract or from the end of access to the Platform, without prejudice to any longer protection resulting from applicable law, particularly with regard to trade secrets.
17. Personal data
17.1 Roles and scope
Within the framework of the processing of Personal Data carried out via the Platform on behalf of the Client, the Client acts as the data controller and Hoxbook acts as the processor within the meaning of the GDPR.
The Client alone determines the purposes and essential means of the processing it carries out via the Platform.
For the processing of Personal Data for which Hoxbook is the data controller (in particular those related to the management of the Website, contact requests and B2B prospecting), the information required by applicable regulations and the rights of data subjects are set out in a separate privacy policy, accessible on the Website.
17.2 Categories of Personal Data processed via the Platform
Depending on how the Client uses the Platform, the Personal Data that may be processed includes in particular:
identification and contact details of the establishment's customers;
data relating to the stay and customer relationship;
data relating to the Client's employees, collaborators, suppliers and service providers;
logs, technical logs, connection metadata, activity traces and security data;
transactional message content.
No bank card data is stored by Hoxbook in connection with the Services described in the communicated TCS.
17.3 Hosting and technical sub-processors
The main application data processed via the Hoxbook Platform, including data hosted in the application and the main database, are hosted by Supabase on infrastructure located in mainland France, in accordance with the main configuration chosen by Hoxbook.
Hoxbook may use subsequent processors for limited purposes, including:
Supabase: main hosting and database;
Cloudflare: DNS, network security and, where applicable, content delivery services;
SendGrid: sending transactional emails;
Twilio: sending transactional SMS messages.
Processing related to transactional emails and SMS is carried out through providers located in Ireland, within the European Union, in accordance with the configuration chosen by Hoxbook. No transfer of data outside the European Economic Area is organized within the framework of the Services as described in the TCS.
17.4 Data minimization and retention for communications
The data transmitted to email and SMS delivery providers is strictly limited to what is necessary for sending, deliverability, security and tracking of communications, in particular: email address and/or phone number, elements necessary for personalization, message content, technical metadata.
Unless there is a duly justified legal, evidential or security-related requirement, such data is retained only for the period strictly necessary for processing, and then deleted within a maximum period of thirty (30) days.
17.5 Security
Hoxbook implements appropriate technical and organizational measures taking into account the state of the art, implementation costs, the nature, scope, context and purposes of processing, as well as the risks to data subjects.
These measures include in particular, depending on the relevant environments:
encryption of data in transit;
cryptographic protection of backups and, where relevant, data at rest;
access rights management and access controls;
user and administrator authentication;
logging of accesses and relevant actions;
regular backups;
reasonable periodic security checks or audits;
continuity, recovery and resilience measures.
17.6 Data breach, assistance and data fate
In the event of a Personal Data breach affecting processing carried out on behalf of the Client, Hoxbook shall notify the Client without undue delay after becoming aware of it, so as to enable the Client, where applicable, to meet its own legal and regulatory obligations.
To the extent reasonably necessary and, where applicable, for a fee when the assistance goes beyond its normal obligations, Hoxbook shall assist the Client with:
responding to requests for the exercise of data subjects' rights;
meeting security obligations;
documenting data breaches;
contributing, if necessary, to the impact assessment or prior consultation with the supervisory authority where required by law.
Upon expiration or termination of the applicable contract, Hoxbook shall return to the Client, upon request made within the contractual deadlines, the Client Data in a common format where technically possible, and then delete it, except where there is a legal obligation to retain it or a strictly limited evidential retention need. Unless otherwise stated, return or deletion shall take place within a maximum period of thirty (30) days from the effective date of the end of the contract.
The detailed conditions applicable to the processing of Personal Data carried out by Hoxbook on behalf of the Client are set out in the "GDPR Data Processing Agreement" appendix to the TCS, which forms an integral part of the contract entered into between Hoxbook and the Client.
18. Suspension or restriction of access
Hoxbook may suspend or restrict, without incurring liability, all or part of the access to the Website, Platform or Services in the following cases:
non-payment or payment collection incident under the contract entered into with the Client;
non-compliant, unlawful, fraudulent use or use affecting security;
threat to the integrity, confidentiality or availability of the Platform, Website or data;
request or injunction from a competent administrative or judicial authority;
urgent maintenance or technical necessity.
Unless there is an emergency or impossibility, Hoxbook will inform the Client within a reasonable period. Suspension does not relieve the Client of the payment of amounts due or of compliance with its contractual obligations.
19. Liability
Each party shall be liable for the harmful consequences of any faults, errors, breaches or negligence attributable to it under the conditions of ordinary law, subject to the limitations set out in the applicable contract (TCS, special terms).
Hoxbook shall under no circumstances be liable for indirect or immaterial consequential damages suffered by the Client, a User or any third party, such as in particular: loss of turnover, loss of margin, loss of profit or expected savings, loss of customers, damage to image or reputation, loss of opportunity, commercial harm or business disruption.
Hoxbook shall not be liable for any damage resulting in particular from:
non-compliant, unlawful or inappropriate use of the Services by the Client or its Users;
fault, negligence, default or omission by the Client or a User;
failure of equipment, networks, software or third-party services not provided by Hoxbook;
unavailability or disruption of a third-party provider, telecom operator, internet service provider, integrated service or third-party API;
a force majeure event;
an administrative or judicial decision;
content, settings or processing determined by the Client.
Hoxbook implements reasonable security measures but does not guarantee the absolute absence of incidents, intrusion, corruption, loss, alteration or unavailability of data, especially when the origin of the incident is external to its sphere of control.
The liability caps, exclusions and detailed terms of Hoxbook's liability are defined in the TCS applicable to the Client, in particular the article devoted to liability and the compensation cap.
Nothing in these Terms of Use is intended to exclude or limit liability that cannot be excluded or limited under mandatory applicable provisions.
20. Force majeure
No party shall be held liable for any failure resulting from an event of force majeure within the meaning of Article 1218 of the French Civil Code.
The party invoking force majeure shall inform the other party without undue delay and shall make its best efforts to limit the effects.
If the impediment is temporary, performance of the obligation concerned shall be suspended, unless the resulting delay justifies termination of the applicable contract. If the impediment is permanent, the applicable contract may be terminated by operation of law under the conditions provided for by law.
21. Electronic evidence
The parties recognize the validity and evidential value of:
electronically signed documents;
email exchanges and electronic notifications;
connection logs, logs, records and computer traces;
any computer reproduction or medium established, retained or produced by Hoxbook under reasonable reliability conditions.
These elements may validly be relied upon between the parties in the same way as a written document on paper, subject to applicable public policy provisions.
22. Amendment of the Terms of Use
Hoxbook may amend these Terms of Use for legitimate reasons, in particular legal, regulatory, technical, security, economic or functional reasons.
The amended version will be brought to the attention of Users by any useful means, in particular by publication on the Website and/or the Platform. Unless otherwise required by mandatory law, the amended Terms of Use take effect on the date indicated when they are published or communicated.
Any continued use of the Website, Platform or Services after the amended Terms of Use take effect constitutes acceptance of those new Terms of Use by the User. Any termination rights that may be granted to the Client in the event of a change in contractual terms are those provided for in the TCS and the applicable special terms.
23. Notices
Unless otherwise stipulated, any notice given under these Terms of Use or the applicable contract must be sent in writing:
either by email to the contractual email addresses of the parties;
or by post to their respective addresses.
Any notice relating to termination, formal notice, major security incident or dispute must be sent by a means allowing proof of receipt to be retained (for example, registered letter with acknowledgment of receipt or email with acknowledgment of receipt).
Article 24 – Intellectual property
24.1. Ownership of rights
The entire website https://hoxbook.com, the Platform https://app.hoxbook.com and the elements composing them, including in particular the overall structure, texts, graphics, interfaces, logos, icons, images, photographs, visual elements, videos, sounds, software, databases, as well as the HOXBOOK trademark and, more generally, all distinctive signs used by Hoxbook, are protected by the applicable intellectual property provisions and remain the exclusive property of Hoxbook or its possible licensors.
25.2. Permitted uses
The User is granted only a right of access to and use of the Website and the Platform, strictly limited to their internal professional needs and in compliance with these Terms of Use and, where applicable, the TCS and the applicable special terms.
25.3. Prohibited uses
Unless expressly authorized in writing in advance by Hoxbook, the User is expressly prohibited, directly or indirectly, from:
reproducing, representing, adapting, translating, modifying, distributing, publishing or transmitting, in any way and on any medium whatsoever, all or part of the Website, the Platform or the elements composing them;
exploiting, whether commercially or not, all or part of the protected elements, in particular by making them available, renting, assigning, transferring, extracting or reusing them;
infringing in any way Hoxbook's or its licensors' intellectual property rights.
25.4. Penalties
Any non-compliant or unauthorized use of all or part of the Website, the Platform or their content may engage the liability of its author and may constitute, in particular, an act of infringement and/or unfair competition, punishable by civil and criminal proceedings, without prejudice to any other remedy available to Hoxbook.
26. Governing law and competent jurisdiction
These Terms of Use are governed by French law.
Any dispute relating to the validity, interpretation, performance, non-performance, termination or consequences of these Terms of Use shall fall within the exclusive jurisdiction of the Paris Commercial Court, including in the event of multiple defendants, third-party proceedings, summary proceedings or urgent proceedings, subject to the mandatory rules applicable.
27. Final provisions
Hoxbook's failure at any given time to rely on any of the provisions of these Terms of Use shall not be interpreted as a waiver of its right to rely on them at a later date.
If any provision of these Terms of Use is declared null, unlawful, unwritten or unenforceable, in whole or in part, by a court or competent authority, the other provisions shall remain fully in force. The parties shall endeavor to replace the invalid clause with a valid provision that reflects as closely as possible the original economic and legal intent.
The article headings are provided for reference only and do not affect the interpretation of the Terms of Use.