Terms and conditions.
Status: 21.05.2025
The terms and conditions are offered in various languages for your convenience. However, only the German version of the text is decisive for your contractual relationship with us.
Welcome to the “Profitze” HOTEL MANAGEMENT TOOL from datteco srl! Please take a moment to read the following terms and conditions, as they govern your visit to and use of our website and services.
INTRODUCTION
1. SCOPE
1.1 “profitize” is an offer (hereinafter: “proftize”) provided via a web portal (hereinafter: “WEBSITE”) and via mobile applications (apps for Android and IOS) from datteco srl (hereinafter: “PROVIDER”), VAT number 03119520215, based in 39100 Bolzano (BZ), Italy.
1.2 Your use of Profitize is subject to the terms of a legally binding agreement between you and the PROVIDER. This legal agreement consists of:
(a) these general terms and conditions of business and use (hereinafter: “Terms and Conditions”), and
(b) the PROVIDER's data processing contract, which is presented in a separate document.
The PROVIDER's terms and conditions and data processing contract are hereinafter referred to jointly as the “REGULATIONS”.
1.3 The REGULATIONS govern the relationship between you and the PROVIDER in connection with the use of Profitze and form an integral part of all agreements made between you and the PROVIDER in connection with the use of Profitze. Deviating and supplementary regulations only apply if this has been expressly agreed. The REGULATIONS apply to all users of Profitze and to all visitors to the WEBSITE, as well as to clients and suppliers of the PROVIDER.
1.4 In addition to the REGULATIONS, the use of Profittize may be subject to other normative and contractual provisions, including those from third parties with whom the PROVIDER works when you use their services.
1.5 The terms and conditions apply in any case, unless their validity was expressly suspended in writing before the order was placed and your cancellation was confirmed in writing by the PROVIDER. These terms and conditions also apply to subsequent transactions, even if they are not agreed separately in individual cases.
1.6 You understand and agree that every member of the group of companies to which the PROVIDER belongs is a third party beneficiary of the TERMS and that the companies concerned are entitled to rely on and directly enforce and enforce any provision of the TERMS that provide you with an advantage (or rights).
2. ACCEPTANCE OF THE TERMS
2.1 In order to use Profitze, you must first accept the TERMS. By visiting the WEBSITE and/or using profitize, you declare that you have read the TERMS in force at the time of use and that you accept them. You should print out the REGULATIONS for your records or save them locally.
2.2 You may not use Profitze and accept the TERMS if you
(a) have not yet reached the legally required age to conclude a binding contract with profit, or
(b) You are barred from receiving or using profits under the laws of the state in which you reside or from which you access or use profits, or are otherwise prohibited from doing so by law.
3. LANGUAGE OF REGULATIONS
3.1 The content of profitize is offered in various languages for your convenience. However, your contractual relationship with the PROVIDER is exclusively governed by the German version of the PROVISIONS and contents of Profitize.
4. AMENDMENT OF REGULATIONS
4.1 The PROVIDER reserves the right to change the REGULATIONS in whole or in part at any time at its own discretion and without giving reasons. Should this be the case, the changes to the REGULATIONS will be effective when they are published on the WEBSITE. By using Profitze after the changes have been published, you accept the changes to the TERMS. You should check the RULES regularly for changes.
SERVICES AND SUBJECT MATTER OF THE CONTRACT
5. GENERAL
5.1 profitize includes software solutions for entrepreneurs in the tourism sector. The PROVIDER offers an information and planning platform on the Internet and on an application basis, which can be used to support management decisions. proftize thus serves to present the business situation on the basis of KPI's and charts and to automatically generate advice for making decisions.
5.2 For the purposes of these terms and conditions, the term “entrepreneur” means any natural or legal person who acts for purposes that can be attributed to their commercial, business, craft or professional activity. The entrepreneur is also the end customer of this product.
5.3 All services offered by the PROVIDER are subject to change and non-binding. This also applies to the price information. The exact scope of services and the nature of the contractual services for entrepreneurs can be found in the corresponding service descriptions, which are presented in this offer and form an integral part of these terms and conditions. Additional services require a separate, written agreement with the PROVIDER. The PROVIDER may make changes to Profitze and/or the WEBSITE at any time at its sole discretion and provide updated versions of Profitze and/or the WEBSITE at any time.
5.4 Deadlines specified by the PROVIDER, in particular delivery dates, are only binding if they are confirmed as binding in writing (e-mail is sufficient).
5.5 Changes to orders result in the cancellation of agreed dates and deadlines, unless otherwise agreed.
5.6 The PROVIDER reserves the right to reasonably extend delivery times in the event of force majeure and all obstacles for which the PROVIDER is not responsible, in particular in connection with the implementation of interfaces that have a significant influence on delivery or performance.
5.7 The PROVIDER is entitled to make partial deliveries and partial services to a reasonable extent.
5.8 Depending on the provider contract of the entrepreneur, costs may arise as a result of the transfer of data via profits.
5.9 The PROVIDER is entitled to display or have advertising displayed as part of profitable advertising. However, these advertisements do not interfere with the process and functionality of Profitize. The PROVIDER is also entitled to send you beneficial information regarding news or offers.
5.10 As a result of the use of the profit, the following specific provisions (point 6) apply — in addition to the other provisions of these terms and conditions.
6. SPECIAL CONTRACT TERMS
6.1 profitize is offered as Software-as-a-Service (SaaS). The PROVIDER therefore provides the contractual services as a SaaS service provider. The subject of the contractual relationship between you and the PROVIDER is the temporary, non-exclusive and paid provision of software on the Internet. For this purpose, the PROVIDER stores the software on a server that is accessible to you via the Internet and via mobile applications (apps for Android and IOS). profitize enables you to use the information and planning platform provided by the PROVIDER.
6.2 The use of profitize is chargeable and is based on a subscription contract. By registering on the WEBSITE or creating a user account, you make a binding declaration that you want to make use of profits for a fee and the contract with the PROVIDER is thus considered concluded. All prices and other costs for using Profittize are available on the WEBSITE and are exclusive of applicable taxes and/or other duties.
6.3 The subscription contract starts on the day the contract is concluded and is limited to a period of one month or one year from receipt of the login data, depending on the subscription selected. It is automatically extended by a further month or by another year if it is not cancelled in writing by a contractual partner with a period of 1 week (monthly subscription) or 3 months (annual subscription) to the end of the contract period (e-mail is sufficient for this). The termination of the subscription contract will result in the deletion of your user account. You are required to back up your data in good time before the end of the contractual relationship (e.g. by downloading). Subscription prices are value-hedged and are adjusted annually in accordance with the ASTAT consumer price index for the province of Bolzano. The adjustments are made automatically and without the need for prior notification from the PROVIDER. The inflation adjustment can be carried out by the PROVIDER either annually or retrospectively for several years.
6.4 The costs of using Profittize will be charged to you monthly or annually, depending on the choice you made when registering your user account. Invoicing is done in advance.
6.5 The invoice is due upon delivery. You are required to pay the amount specified in the invoice without deduction. Payment can be made either via the credit card stored via your user account or via the bank account associated with your user account and is debited directly or via a SEPA debit order. The PROVIDER reserves the right to change the payment terms.
6.6 Should you be in default with a payment, even partially, the PROVIDER is entitled to interrupt its contractual services and block your access to profits and the existing contractual relationship is considered terminated within the meaning of Art. 1456 ZGB ipso iure. In the event that the PROVIDER does not make use of the express cancellation clause mentioned above, your default in payment entails the obligation to pay default interest to an extent which corresponds to the interest rate in accordance with Article 5 of Legislative Decree of October 9, 2002, No. 231, the interest claim arising automatically and without the need for prior payment on the day following the expiry of the respective payment date. In any case, the PROVIDER reserves the right to assert any further claims in connection with the delay in payment.
6.7 If a corresponding agreement has been made for installation, training and consulting services, the customer must ensure that the necessary customer requirements are met, in particular that the necessary premises, communication channels, documents and personnel are provided. If the customer does not properly fulfill his obligations to cooperate, the PROVIDER's contractually agreed execution deadlines shall be extended accordingly. The PROVIDER may charge for the additional costs caused by the delay, in particular through extended provision of its own personnel or equipment. For additional personnel expenses, 80.00 euros per hour will be charged.
6.8 The PROVIDER may withdraw from the existing contractual relationship prematurely and without notice if insolvency proceedings should be opened against your assets. In the event that, in the course of implementing profitize into the customer's existing systems, it should become apparent that the implementation of profitize is not legally or technically possible, the PROVIDER reserves the right of withdrawal.
6.9 As part of your use of Profittize, you may not provide or otherwise use any content and information that violates third parties in their rights (in particular in the area of data protection, competition, patent and/or trademark law or other industrial property rights) or violates provisions of the Italian legal system (in particular those of public order and criminal law). In this regard, you agree to indemnify the PROVIDER from all third-party claims and to reimburse the PROVIDER for all costs and damages that it should incur directly or indirectly as a result of related violations of rights.
GENERAL TERMS OF USE
7. YOUR USE OF PROFITS
7.1 You may only use profits within the scope of the contractually agreed scope of use. The right of use is limited in time, not exclusive, not transferable and not sub-licensable. You are not entitled to any further rights. Any further use requires the prior written consent of the PROVIDER.
7.2 If you exceed the contractually permitted use or otherwise use profits unlawfully or permit such use, the PROVIDER may interrupt its contractual services and block your access to profits and/or terminate the contractual relationship without further ado. In this case, you are responsible for all resulting damages and/or claims by third parties and are required to indemnify the PROVIDER from all claims made by third parties.
7.3 Profitze is the exclusive property of the PROVIDER. By using profitize, you do not acquire any claims or rights to profitize or its content, in particular not to the software or to the profits. All copyright, patent, trademark and other industrial property rights remain with the PROVIDER. You are not permitted to reproduce, sell, or transfer profits, the PROVIDER's WEBSITE and/or software or parts of it for a limited period of time.
7.4 You are obliged to take all necessary and/or appropriate measures to avoid illegal or non-contractual use of profits. If you recognize or should recognize that illegal or non-contractual use is imminent, you are obliged to inform the PROVIDER immediately. You are required to protect the access rights and identification and authentication information assigned to you from access by third parties and not to disclose them to unauthorized persons.
7.5 In particular, you are not entitled to translate, modify, edit the software or decompile, reproduce (reverse engineer), extract or disassemble the software, determine the source code or create edits of any part of the software, and publicly reproduce the software either wired or wireless.
7.6 The PROVIDER is entitled at any time, at its own discretion, to take technical or other measures to protect against non-contractual use of profits and/or to introduce further terms of use.
CONTENT AND LINKS
8. PROFITATE CONTENT
8.1 All content on the WEBSITE, including — but without limitation — texts, software, scripts, graphics, photos, sounds, music and other interactive elements as well as the design, process and flow, customer experience and functionalities of profitize (hereinafter: “profitize content”), is owned by or licensed to the PROVIDER, and is subject to copyrights, trademark and patent rights or other industrial property rights Rights of the PROVIDER or its licensors .
8.2 You may only use the PROFITIZE content within the contractually agreed scope of use. The PROFITIZE content may not be downloaded, copied, reproduced, distributed, transmitted, sent, exhibited, sold, licensed or otherwise exploited without the prior written consent of the PROVIDER or its licensors. The PROVIDER reserves all rights not expressly granted to and with regard to PROFITIZE content.
9. HYPERLINKS TO PROFITS
9.1 The WEBSITE and profits may contain hyperlinks to other websites which are neither owned nor controlled by the PROVIDER. The existence of such hyperlinks does not represent a recommendation for the corresponding websites and the PROVIDER assumes no liability for their content, services or other activities.
9.2 You acknowledge and agree that PROVIDER is not responsible for any loss or damage that you may suffer in connection with the availability of such external websites or sources or as a result of your reliance on the completeness, accuracy, or existence of advertising, products, or other materials on, or offered or available through such websites.
9.3 When leaving the WEBSITE, be alert and review the terms of use and privacy of any other website that you visit.
DISCLAIMER OF WARRANTIES
10. EXCLUSION OF WARRANTY BY THE PROVIDER
10.1 The services provided by profitize, including the content and services of the WEBSITE, as well as all other alias pages of the OPERATOR, are provided “as is” and the PROVIDER makes no warranty or guarantee with regard to them.
10.2 In particular and among other things, Profittize does not warrant or guarantee that:
- Your use of Profitze is uninterrupted and/or timely, secure and/or free from errors or faults; in this case, however, the PROVIDER will endeavour to restore the availability of Profitze as quickly as possible;
- your use of Profitze meets your expectations;
- any information that you receive in the course of using Profitze is accurate or reliable;
- that errors in the operation or functionality of any software that is made available to you as part of the PROVIDER's services will be corrected.
10.3 The PROVIDER does not provide any warranty in the event of a missing or inadequate Internet connection, faulty hardware or if the customer uses out-of-date operating systems. Furthermore, the PROVIDER assumes no liability for errors, faults or damage that are due to improper operation, changed operating system components, interfaces and parameters, use of unsuitable organizational equipment and abnormal operating conditions (in particular deviations from installation conditions). If changes are made to profits by the customer or by third parties, the warranty claim expires, unless the customer proves that the fault is not attributable to the change.
10.4 Warranty claims must be made in writing (e-mail is sufficient). The reported fault must be adequately described and identifiable by the PROVIDER, and the customer must also provide the necessary documents and information for troubleshooting.
10.5 If there is only an insignificant reduction in the value or suitability of the service, the conversion of the contract is excluded.
10.6 The customer is not entitled to correct errors himself or through third parties and to claim reimbursement of the necessary expenses.
10.7 The PROVIDER is entitled to have services owed by it provided by suitable third parties.
10.8 Other conditions, warranties or other terms (including any provision relating to satisfactory quality, second-suitability, or compliance with descriptions) are also not applicable to the PROVIDER's services, unless otherwise expressly stated in these terms and conditions.
DISCLAIMER/LIMITATION OF LIABILITY
11. EXCLUSION/LIMITATION OF LIABILITY OF THE PROVIDER
11.1 The PROVIDER is not liable for damages (including indirect or indirect damage, sequential damage and loss of profit) which should result directly or indirectly from the use of profits, except in cases of intent or gross negligence.
11.2 The PROVIDER is not liable for any actions or decisions made on the basis of profits. profitize only serves to support the customer and makes recommendations. The final decision to accept these recommendations lies exclusively with the customer.
11.3 The PROVIDER assumes no responsibility for permanent or temporary errors, omissions, interruptions, deletions, defects, delays and/or discontinuations in the operation, transmission and/or provision of Profittize content and services, failures of communication lines and unauthorized access to data or theft. The PROVIDER is also not responsible for problems or technical faults in connection with the mobile Internet, telephone networks or lines, online systems, servers or providers, computer equipment, software, as well as for failures of emails or the service provider to process electronic payment due to technical problems or data congestion on the Internet, or a combination of these. The PROVIDER is also not liable for any changes that he should make to profits.
11.4 The PROVIDER is not liable for any possible damage that you may suffer as a result of reliance on the completeness, accuracy and/or existence of any advertising and/or offers, or in connection with any relationship or transaction between you and any advertiser or sponsor whose advertising appears in connection with the use of Profittize.
11.5 You are solely responsible for all content and information that you provide or otherwise use as part of using profitize. The PROVIDER assumes no liability for this and you are obliged to indemnify the PROVIDER from all third-party claims in this regard and to reimburse the PROVIDER for all costs and damages that it should incur directly or indirectly as a result of related violations of rights.
11.6 The PROVIDER is not liable for storage errors, deletion, loss and/or damage of data that you provide, create or receive in the course of using profitize.
11.7 The PROVIDER is not liable for unauthorized access to personal customer data by third parties (e.g. through unauthorized access by hackers to profits). The PROVIDER can also not be held liable for the misuse of content and information that you have made available to third parties yourself.
11.8 The exclusions and limitations of liability contained in this Section 11 apply regardless of whether the PROVIDER was advised of and/or was aware of the possibility of such claims, losses and/or damages occurring. They also apply insofar as liability for legal representatives and vicarious agents is affected.
11.9 The PROVIDER's exclusions or limitations of liability contained in this point 11 do not apply in cases of intent or gross negligence.
ASSIGNMENT OF CONTRACT
12. EXPRESS ASSIGNMENT CLAUSE
12.1 The PROVIDER reserves the right to assign the present contract or all resulting rights and obligations to a third party or a company associated with the PROVIDER. You will be informed in advance of such an assignment of contract. As soon as the assignment of the contract comes into force, the third party assumes all rights and obligations of the PROVIDER with regard to the part assigned to him.
CONTRACT TERMINATION
13. EXPRESS REPEAL CLAUSE
13.1 Should you violate even one of the provisions in Section 6 (Special Contractual Terms) — and in particular the provisions under 6.5, 6.6, 6.7 and 6.8 —, Section 7 (Your Use of Profits) — and there in particular the provisions under 7.1, 7.2, 7.3, and 7.4 —, Section 8 (Profitize Content) — and in particular the provisions under 8.2 — and/or Section 11.4 (Responsibility for Content and Duty to Indemnify), Does this represent a serious and significant failure in accordance with Art. 1455 ZGB and has ipso iure the abolition of The contractual relationship between you and the PROVIDER within the meaning of Art. 1456 ZGB, without prejudice to the assertion of further claims and compensation for all damages. In the event of early termination of the contractual relationship in accordance with the provisions of this section, you are in any case obliged to pay for the services used up to the time the contract is terminated.
FINAL PROVISIONS
14. APPLICABLE LAW
14.1 Italian law applies to all relationships between the parties, including these terms and conditions, to the exclusion of conflict of law provisions. Any mandatory consumer protection provisions that may apply remain unaffected by this choice of law clause.
15. PLACE OF JURISDICTION
15.1 The exclusive place of jurisdiction for all disputes arising from and in connection with the relationships between the parties, including these terms and conditions, is Bolzano, Italy. Any mandatory consumer protection provisions that may apply remain unaffected by this jurisdiction agreement.
16. PLACE OF FULFILMENT
16.1 The place of fulfilment for all services subject to the contract is the legal headquarters of the PROVIDER.
17. SEVERANCE CLAUSE
17.1 Should individual or several provisions of these terms and conditions be or become invalid and/or ineffective, this shall not affect the validity and effectiveness of the remaining provisions.
18. TOLERATION
18.1 If you breach the provisions of these Terms and Conditions, any toleration of this breach by the PROVIDER will in no event result in the PROVIDER's waiver of its rights and other effects under the relevant provisions or the waiver of the right to full performance of the obligations and conditions of the contractual relationship and/or these Terms and Conditions.