Terms and Conditions
This is a courtesy translation; the German version (AGB) is authoritative.
1. Scope
1.1. These terms apply to contracts between NEO Digital – Erich Nigg, Graz, Austria (contact details see Imprint; the "Provider") and businesses (B2B) regarding the use of the LeoFlex modules.
1.2. LeoFlex is intended exclusively for entrepreneurs within the meaning of § 1 of the Austrian Business Code (UGB) (in particular hotels and accommodation businesses). It is a pure B2B offering; consumer transactions are excluded.
1.3. Deviating or supplementary terms of the customer do not become part of the contract unless the Provider expressly agrees to them in text form.
2. Scope of services
2.1. LeoFlex extends the apaleo PMS with modules (Room Assignment, Guest Registration, Channel Manager, Messaging, Smart Locks). An active apaleo account is required; apaleo is the single data source.
2.2. The scope of services results from the modules activated by the customer and their description valid at the time of activation. LeoFlex is standard software; there is no entitlement to individual customisations.
2.3. The Provider continuously develops LeoFlex and is entitled to add, change or – with reasonable prior notice – discontinue modules and individual features, provided the agreed purpose is not materially impaired.
3. Trial, term & cancellation
3.1. Every module can be tested free of charge for 30 days. Afterwards it runs monthly and can be cancelled anytime – no contract lock-in, no setup fees. Up- and downgrades are possible anytime.
3.2. After the trial period, the module automatically continues as a paid monthly plan unless cancelled beforehand. Cancellation during the trial is possible at any time and incurs no costs.
3.3. Registration is self-service via the customer's apaleo account (OAuth). No onboarding by the Provider is required. The LeoFlex account itself is free. The customer is responsible for keeping access credentials confidential and for all actions taken via their account.
3.4. Upon cancellation, paid use of the module ends at the end of the current billing period. The right to extraordinary termination for good cause remains unaffected for both parties. After the contract ends, the right of use ends; the customer is responsible for backing up or exporting required data from apaleo in good time.
4. Prices & billing
4.1. The published prices apply (plus statutory VAT): "from" prices per room or lock and month with a minimum price per hotel; Messaging base flat €25 per month; AI Concierge €50 per month and active property. Billing is monthly.
4.2. Billing is monthly in advance via the payment service provider Stripe (Stripe Payments Europe, Ltd.). By activating a paid module, the customer authorises the Provider to collect the respective fees due.
4.3. The Provider may adjust the prices for running modules with at least 30 days' prior notice, effective from the next billing period. If the customer does not agree to an increase, they may cancel the affected module before the increase takes effect.
4.4. If the customer defaults on a payment, the Provider is entitled, after an unsuccessful reminder, to deactivate the affected modules or services until payment is made in full. Default interest at the usual bank rate is charged in case of default. Set-off against or retention of fees is only permitted with undisputed or legally established counterclaims.
5. Support
Support is provided via the Leo chat and by e-mail (support(at)leoflex.io); replies usually within one business day, in German and English.
6. Customer obligations & cooperation
6.1. The customer provides a functioning apaleo account and the permissions and cooperation required to operate the modules.
6.2. The customer is responsible for being entitled to process the data handled via apaleo and the modules and for complying with legal obligations (in particular registration, tax and data protection law).
6.3. Unlawful or abusive use of the software is prohibited.
7. Availability
7.1. The Provider strives for high availability of the software. A specific availability is only guaranteed to the extent expressly agreed.
7.2. Maintenance and update work as well as disruptions at third parties (in particular apaleo, OTAs, payment, lock and registration providers) may temporarily impair availability.
8. Rights of use & copyright
8.1. All copyright and other protective rights to LeoFlex belong to the Provider or its licensors.
8.2. For the term of the contract, the customer receives a simple, non-exclusive, non-transferable right to use the activated modules as intended.
8.3. Any use, reproduction, transfer, rental or modification of the software beyond this is – unless mandatorily permitted by law – not allowed.
9. Warranty
9.1. The Provider warrants that the modules essentially function in accordance with the applicable service description. For standard software, it cannot be ruled out that the software runs error-free in every combination.
9.2. Defects are only relevant if they are reproducible and reported with adequate documentation after they occur. Within the warranty, remedy (defect rectification) takes precedence. The presumption of defectiveness under § 924 of the Austrian Civil Code (ABGB) is excluded.
9.3. There is no warranty for errors and malfunctions caused by improper use, by interventions of the customer or third parties, by faulty data or by services of third parties.
10. Liability
10.1. The Provider is liable for damage caused intentionally or through gross negligence in accordance with statutory provisions. Liability for slight negligence is excluded, except for the breach of essential contractual obligations; in that case liability is limited to the typical, foreseeable damage.
10.2. Excluded – to the extent legally permissible – is liability for consequential damage, indirect damage, lost profit, loss of interest, lost savings, loss of data and for third-party claims.
10.3. The Provider is not liable for the services and outages of third parties (in particular apaleo, OTAs, payment, lock and registration providers); it does not act as a vicarious agent in this respect.
10.4. The Provider's liability is limited in amount – to the extent legally permissible – to the net fee paid by the customer for the affected module in the last twelve months. Claims for damages lapse, to the extent legally permissible, within six months of becoming aware of the damage and the party causing it.
11. Force majeure
Events of force majeure (e.g. natural disasters, labour disputes, failures of telecommunications or third-party infrastructure, official measures) that are beyond the Provider's control release it from its obligation to perform for their duration. No claims against the Provider arise from this.
12. Data protection & processing
The Privacy Policy applies. Where the Provider processes personal data on behalf of the customer, a data processing agreement under Art. 28 GDPR is concluded. Processing takes place within the EU; AI-supported features run in an EU region with European data residency.
13. Third parties
Using LeoFlex requires third-party services (in particular apaleo). The respective terms and privacy policies of those providers apply to their services. The Provider has no influence over their availability or content.
14. Confidentiality
The parties treat confidential information they become aware of during the cooperation as confidential and use it only to perform the contract. This obligation continues beyond the end of the contract.
15. Changes to these Terms
The Provider may amend these Terms with effect for the future. Changes are communicated to the customer with reasonable notice (at least 30 days). If the customer does not object before the changes take effect, or continues to use the modules thereafter, the amended Terms are deemed accepted; the notice will refer to the right of objection and its consequences. In the event of objection, either party may terminate as of the effective date of the change.
16. Final provisions
16.1. Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions remains unaffected. The invalid provision is replaced by a rule that comes closest to its economic purpose.
16.2. Austrian law applies, excluding the reference rules of private international law and the UN Convention on Contracts for the International Sale of Goods.
16.3. The competent court at the Provider's registered office in Graz is agreed as the place of jurisdiction, to the extent legally permissible.
16.4. Declarations of legal relevance require at least text form (e.g. e-mail).