Terms and conditions.

As of: April 15, 2026

Welcome to the hotel management tool "profitize" by datteco s.r.l.! Please take a moment to read the following General Terms and Conditions of Business and Use, as they govern your visit to and use of our website and services.

GENERAL TERMS AND CONDITIONS OF BUSINESS AND USE

INTRODUCTORY PROVISIONS

1. SUBJECT MATTER

1.1 "PROFITIZE" (hereinafter "PROFITIZE") is an AI-powered platform for financial planning and financial analysis in the hotel industry, provided as Software-as-a-Service (SaaS) via a web portal (hereinafter the "WEBSITE") as well as via mobile applications, specifically apps for Android and iOS (hereinafter the "APP").

1.2 PROFITIZE is an offer provided by datteco s.r.l. (hereinafter the "PROVIDER"), VAT ID No. IT03119520215, with registered office in 39100 Bolzano (BZ), Italy, and supports operators in the hotel and accommodation industry (hereinafter "CUSTOMERS") in obtaining a comprehensive and up-to-date overview of their financial and operational situation. PROFITIZE enables the display of business key performance indicators (KPIs) and charts, as well as the automatic generation of recommendations to support data-driven management decisions.

2. APPLICABLE PROVISIONS

2.1 The use of PROFITIZE by the CUSTOMER is subject to the provisions contained in the following agreements:

• These General Terms and Conditions of Business and Use (hereinafter: "GTC"), as well as
• The PROVIDER's Data Processing Agreement, which is provided in a separate document and/or made accessible on the PROVIDER's WEBSITE or APP.

The GTC and the PROVIDER's Data Processing Agreement shall hereinafter be collectively referred to as the "PROVISIONS".

2.2 The PROVISIONS are an integral part of all agreements between the CUSTOMER and the PROVIDER in connection with the use of PROFITIZE. They also apply to subsequent transactions, even if they are not separately agreed upon, and apply to all users of PROFITIZE, visitors to the WEBSITE, users of the APP, as well as clients and suppliers of the PROVIDER. The PROVISIONS apply in principle in all cases, unless they were expressly revoked or excluded prior to the placement of the order. Deviating or supplementary provisions are only binding if they have been expressly agreed upon in writing.

2.3 In addition, the use of PROFITIZE is subject to applicable Italian law and is governed by the contractual terms and conditions of the PROVIDER's service providers, insofar as these are known to the CUSTOMER or would be recognizable upon exercising due diligence, and provided their services are utilized within the scope of using PROFITIZE.

3. THIRD-PARTY BENEFICIARY OBLIGATIONS

3.1 The CUSTOMERS acknowledge and accept that every member of the corporate group to which the PROVIDER belongs is a third-party beneficiary of the PROVISIONS and that these companies have the right to directly and effectively enforce any term of the PROVISIONS against the CUSTOMERS.

4. ACCEPTANCE OF THE PROVISIONS

4.1 By purchasing the PROVIDER's services and thus registering on the PROFITIZE platform or creating a user account, the CUSTOMER declares that they have taken note of the PROVISIONS and accept their contents. Consequently, upon logging into the platform, the contract between the PROVIDER and the CUSTOMER is deemed concluded, and both parties are bound to comply with the PROVISIONS.

5. LANGUAGE VERSION OF THE PROVISIONS

5.1 The PROVISIONS are drafted in German, Italian, and English. In the event of discrepancies between the language versions, the German version shall prevail.

6. AMENDMENT OF THE PROVISIONS

6.1 The PROVIDER is entitled to make amendments to the PROVISIONS, about which the CUSTOMER will be informed on the WEBSITE or in the APP. By continuing to use PROFITIZE, the CUSTOMER declares acceptance of the amended PROVISIONS.

PROVISION OF SERVICES

7. SERVICES IN FAVOR OF THE CUSTOMER

7.1 The subject matter of the services rendered by the PROVIDER to the CUSTOMER is the temporary, non-exclusive, and fee-based provision of the PROFITIZE software. In connection with the use of PROFITIZE, the PROVIDER shall also—if agreed—provide installation, training, and/or consulting services.

7.2 The exact scope of the services that are the subject of these GTC, as well as their characteristics, shall be determined by the service descriptions contained in the offer selected by the CUSTOMER and by the information that can be derived from the PROVIDER's website.

7.3 Services may vary depending on the type of activity and the nature of the CUSTOMER's establishment.

7.4 Services exceeding the scope provided for in these GTC require a separate written agreement with the PROVIDER.

7.5 The PROVIDER is entitled to have services owed to the Customer performed by suitable third parties.

8. CHANGES TO PROFITIZE

8.1 The PROVIDER is entitled to make changes to PROFITIZE at any time at its own discretion and to provide updated versions in order to optimize the use of the services offered.

9. PARTIAL PERFORMANCE

9.1 The PROVIDER is entitled to deliver partial performance and partial services to a reasonable extent.

10. BINDING NATURE OF DEADLINES AND DELIVERY DATES

10.1 Deadlines mentioned by the PROVIDER, in particular delivery dates, are only binding if they are expressly confirmed in writing to the CUSTOMER as binding.

10.2 Performance changes requested by the CUSTOMER shall lead to an adjustment of the previously agreed deadlines and dates, unless expressly agreed otherwise.

10.3 The PROVIDER shall not be liable for performance delays resulting from force majeure, in particular events that significantly affect performance, e.g., in connection with the implementation of interfaces.

11. PRICES

11.1 The use of PROFITIZE and the associated services described in Art. 7 of the GTC are subject to a fee and take place on the basis of a subscription contract (hereinafter "SUBSCRIPTION CONTRACT").

11.2 Subscription prices can be viewed on the WEBSITE and are net of statutory applicable taxes.

11.3 Subscription costs will be invoiced to the CUSTOMER—depending on the selection made during account registration—monthly or annually. Invoicing takes place in advance.

11.4 Subscription prices remain fixed from the time of purchase. However, they are reviewed once a year and adjusted within the scope of periodic invoicing in accordance with the ASTAT Consumer Price Index for the Province of Bolzano. Said adjustments shall be made upon prior notice by the PROVIDER.

11.5 Invoices are due upon receipt. The CUSTOMER is obligated to pay the amount specified in the invoice. Payment can be made either via the credit card stored in the user account or via the bank account associated with the user account, and will be debited directly or via SEPA direct debit.

11.6 The PROVIDER reserves the right to modify payment terms.

CONTRACTUAL MATTERS

12. ADDITIONAL COSTS

12.1 When data is transmitted by the CUSTOMER via the PROFITIZE platform, additional costs may arise depending on the CUSTOMER's specific contract with their provider.

13. ADVERTISING

13.1 The PROVIDER is entitled to display or have displayed advertisements within PROFITIZE. Furthermore, the PROVIDER is entitled to transmit information regarding updates or special offers to the CUSTOMER via PROFITIZE.

13.2 However, these advertisements shall not impair the operation or functionality of PROFITIZE.

14. CONCLUSION OF THE CONTRACT

14.1 Upon registration on the WEBSITE or the creation of a user account by the CUSTOMER, the SUBSCRIPTION CONTRACT regarding the services described in Art. 7 of these GTC with the PROVIDER is deemed concluded.

15. DURATION

15.1 The SUBSCRIPTION CONTRACT commences on the date of contract conclusion and runs for a period of one month or one year, depending on the chosen subscription.

15.2 The SUBSCRIPTION CONTRACT automatically renews for successive periods of one month for monthly subscriptions or one year for annual subscriptions, unless terminated in writing (including via email) by the CUSTOMER with a notice period of one week for monthly subscriptions or three months for annual subscriptions prior to the end of the respective contract term. Termination of the contractual relationship by notice shall result in the deletion of the CUSTOMER's user account. The PROVIDER is not responsible for any failure or delay by the CUSTOMER in backing up data (e.g., via download).

16. OBLIGATIONS OF THE CUSTOMER

16.1 The CUSTOMER is obligated to pay the agreed price pursuant to the SUBSCRIPTION CONTRACT in full and in a timely manner. All prices, including those stated in these GTC, do not include statutory VAT.

16.2 If agreements regarding installation, training, or consulting services have been made between the PROVIDER and the CUSTOMER, the CUSTOMER shall ensure that all prerequisites required on its part for the performance of these services are met. The CUSTOMER shall in particular provide the premises, equipment, communication and data transmission facilities, documents, and qualified personnel with decision-making authority necessary for the proper performance of the services.

16.3 If the CUSTOMER fails to fulfill its duty to cooperate, or fails to do so in a timely or proper manner, the PROVIDER's contractually agreed execution deadlines shall be extended to the extent that the CUSTOMER's breach of duty impacts them. The PROVIDER is entitled to invoice separately for additional expenses incurred as a result of the delay, in particular expenses for the extended provision of its own personnel or equipment. Additional personnel expenditure—subject to a differently agreed remuneration rate—shall be compensated at EUR 80.00 per hour.

16.4 The CUSTOMER undertakes to indemnify, defend, and hold harmless the PROVIDER from and against any third-party claims, liabilities, and expenses, insofar as these are based on the CUSTOMER providing or using content or information within the framework of using PROFITIZE that violates third-party rights or applicable Italian law. The CUSTOMER shall reimburse the PROVIDER for all direct or indirect damages, costs (including attorney fees), and penalties resulting therefrom.

16.5 The CUSTOMER is obligated not to upload any sensitive personal data within the meaning of the GDPR onto PROFITIZE.

17. PROPRIETARY RIGHTS AND USE RESTRICTIONS

17.1 PROFITIZE and all content on the WEBSITE—including but not limited to texts, software, scripts, graphics, photos, sounds, music, other interactive elements, design, processes, workflows, customer experience, and functionalities (hereinafter: "PROFITIZE CONTENT")—are the exclusive property of the PROVIDER or are licensed to it. All copyright, patent, trademark, and other intellectual property rights remain with the PROVIDER or its licensors.

17.2 The CUSTOMER is obligated to use PROFITIZE and PROFITIZE CONTENT exclusively within the framework of the SUBSCRIPTION CONTRACT, the PROVISIONS, applicable law, and the intended functions of the platform. Any reproduction, distribution, transfer, temporary assignment, rental, sale, licensing, downloading, or other exploitation of the software and/or PROFITIZE CONTENT without prior written consent from the PROVIDER is prohibited.

17.3 Likewise, the CUSTOMER is prohibited from decompiling, disassembling, reverse engineering, or otherwise attempting to discover the source code or operational mechanisms of PROFITIZE.

17.4 The CUSTOMER is further obligated to protect assigned access credentials as well as identification and authentication information from third-party access and not to disclose them to unauthorized parties.

17.5 The PROVIDER is entitled, at its own discretion, to take technical or other measures at any time to protect against unauthorized use of PROFITIZE or PROFITIZE CONTENT and/or to introduce further terms of use.

18. EVALUATION OF EMPLOYEE DATA

18.1 The CUSTOMER provides the PROVIDER with personal data of its employees, in particular details regarding wage costs and working hours per employee. The CUSTOMER confirms that it has obtained explicit consent from the affected employees for the processing of this data and is responsible for the lawfulness, completeness, and accuracy of the data provided.

18.2 The PROVIDER is entitled to use the transmitted data exclusively for analysis, processing, and rendering the contractually agreed services. Any further use, disclosure, or publication of the data is prohibited without the express written consent of the CUSTOMER and the affected employees.

18.3 The processing of personal data takes place in compliance with the Privacy Policy (https://www.profitize.io/datenschutz), applicable data protection laws, and the Data Processing Agreement according to Annex A, which forms an integral part of these GTC.

18.4 The CUSTOMER indemnifies and holds the PROVIDER harmless against any claims, demands, damages, costs, and expenses arising directly or indirectly from the unauthorized or unlawful transmission of employee personal data.

LIABILITY AND WARRANTY

19. DISCLAIMER OF WARRANTY

19.1 By concluding the SUBSCRIPTION CONTRACT, the CUSTOMER confirms having inspected and accepted PROFITIZE, including all content, features, and services on the WEBSITE and/or APP, as well as all associated materials, on an "as is" basis ("visto e piaciuto").

19.2 Subject to express warranty rights provided in the GTC, the SUBSCRIPTION CONTRACT, and applicable legal provisions, the PROVIDER provides no further warranty.

19.3 In particular, subject to intentional misconduct and gross negligence, the PROVIDER does not warrant that:

• PROFITIZE will meet the CUSTOMER's expectations;
• Content, data, or information provided through PROFITIZE is complete, accurate, or reliable;
• Errors in software, services, or features provided under PROFITIZE will be automatically corrected;
• PROFITIZE will operate uninterrupted, at all times, or error-free.

In the latter case, however, the PROVIDER shall endeavor to restore availability of PROFITIZE as quickly as possible.

19.4 The PROVIDER assumes no warranty for missing or insufficient internet connection, unsuitable hardware, or the use of outdated operating systems by the CUSTOMER.

19.5 If modifications are made to PROFITIZE by the CUSTOMER or third parties, warranty claims shall lapse unless the CUSTOMER proves that the defect was not caused by such modifications.

19.6 The CUSTOMER is not entitled to remedy defects or malfunctions independently or through third parties and demand reimbursement of necessary expenses.

19.7 Pursuant to Art. 1564 of the Italian Civil Code (ZGB), in the event of an insignificant reduction in the value or suitability of the services under the SUBSCRIPTION CONTRACT or other services agreed between PROVIDER and CUSTOMER, termination of the SUBSCRIPTION CONTRACT is excluded.

20. LIMITATION OF LIABILITY OF THE PROVIDER

20.1 The PROVIDER shall not be liable for damages of any kind, including indirect, incidental, or consequential damages, or loss of profits arising directly or indirectly from the use of PROFITIZE, subject to intentional misconduct or gross negligence pursuant to Art. 1229 of the Italian Civil Code (ZGB).

20.2 PROFITIZE serves exclusively to support the CUSTOMER and generates recommendations; the PROVIDER assumes no liability for decisions or actions taken by the CUSTOMER based on these recommendations.

20.3 The PROVIDER shall not be liable for damages resulting from the CUSTOMER's reliance on the completeness, accuracy, or availability of third-party advertisements or offers, or from legal relationships or transactions between the CUSTOMER and third parties whose content appears in connection with the use of PROFITIZE. The CUSTOMER bears sole responsibility for all content and information provided or used by it within the framework of using PROFITIZE and indemnifies the PROVIDER against all third-party claims.

20.4 The PROVIDER shall not be liable for storage errors, deletion, loss, or corruption of data specified, created, or received by the CUSTOMER through the use of PROFITIZE. Likewise, the PROVIDER assumes no responsibility for unauthorized third-party access to personal customer data (e.g., cyberattacks/hacking) and is not liable for the misuse of content or information made accessible to third parties by the CUSTOMER itself.

20.5 The PROVIDER shall not be liable for errors, omissions, interruptions, delays, deletions, defects, or other disruptions during operation, transmission, or provision of PROFITIZE, insofar as these are not attributable to the PROVIDER, including network or communication line failures, mobile networks, online systems, servers, providers, hardware, software, email systems, payment processing, or data traffic congestion and technical anomalies. Furthermore, the PROVIDER is not liable for damages resulting from improper or non-contractual use of PROFITIZE, changes to systems or technical parameters, or non-compliant operating conditions attributable to the CUSTOMER, particularly deviations from installation guidelines.

21. HYPERLINKS ON PROFITIZE

21.1 PROFITIZE may contain hyperlinks to other websites that are neither owned nor controlled by the PROVIDER.

21.2 The PROVIDER assumes no liability for their contents, services, or activities. In particular, the PROVIDER is not liable for losses or damages incurred by the CUSTOMER in connection with the use of websites linked via hyperlinks, or through reliance on the completeness, accuracy, or availability of advertising, products, or other materials on or available from such websites.

ASSIGNMENT, TERMINATION AND RESCISSION

22. ASSIGNMENT OF CONTRACT

22.1 The PROVIDER reserves the right to assign the PROVISIONS as well as the SUBSCRIPTION CONTRACT, including all resulting rights and obligations, in whole or in part, to a third party or an affiliated company of the PROVIDER.

22.2 The CUSTOMER shall be informed in advance of any such contract assignment.

22.3 Upon the effective date of assignment, the third party assumes all rights and obligations of the PROVIDER towards the CUSTOMER regarding the assigned scope of the contract.

23. PROVIDER'S RIGHT OF RESCISSION

23.1 The PROVIDER reserves the right to rescind the contract if, in the course of implementing PROFITIZE into the CUSTOMER's existing systems, it turns out that such implementation is legally or technically unfeasible.

24. EXPRESS TERMINATION CLAUSE (EXPRESS RESOLUTIVE CLAUSE)

24.1 The following shall constitute a material breach of contract and shall lead to the ipso iure termination of the SUBSCRIPTION CONTRACT pursuant to Art. 1456 of the Italian Civil Code (ZGB): failure to fulfill any of the obligations under Articles 16.1, 16.4, 17.2, 17.3, and 17.4 of these GTC.

24.2 In any case, and even prior to the PROVIDER invoking this express termination clause, the PROVIDER is entitled without prior notice—derogating from Art. 1565 of the Italian Civil Code (ZGB)—in the event of payment default or non-performance by the CUSTOMER, to suspend its contractual services and consequently block the CUSTOMER's access to the PROFITIZE platform.

24.3 This is without prejudice to the PROVIDER's right to claim default interest pursuant to Legislative Decree No. 231 of October 9, 2002, as well as the authority to assert all further rights, remedies, or claims arising from the CUSTOMER's default or non-performance.

25. TOLERANCE

25.1 If the Customer violates the terms of these GTC, any tolerance of such a violation by the Provider shall under no circumstances constitute a waiver of its rights. In particular, the Provider's right to full performance of all contractual obligations and provisions under the contractual relationship and/or these GTC remains unaffected.

FINAL PROVISIONS

26. APPLICABLE LAW

26.1 All legal relationships between the parties, including these GTC, shall be governed by Italian law, to the exclusion of conflict-of-law rules (International Private Law).

27. JURISDICTION

27.1 The exclusive place of jurisdiction for all disputes arising out of or in connection with the relationship between the parties, including these GTC, shall be Bolzano, Italy.

28. PLACE OF PERFORMANCE

28.1 The place of performance for all services under this contract is the registered office of the PROVIDER.

29. SEVERABILITY CLAUSE

29.1 Should individual or multiple provisions of these GTC be or become invalid and/or ineffective, the validity and effectiveness of the remaining provisions shall remain unaffected thereby.

30. PROCESSING OF PERSONAL DATA

30.1 The PROVIDER will process CUSTOMERS' personal data in compliance with EU Regulation 2016/679 (GDPR), as detailed in the Privacy Policy available in the designated section on the WEBSITE.

DOWNLOAD: Data Processing Agreement