1. Scope and parties

These Terms of Service govern the use of the Touristic IQ web platform (the “Service”) operated by Temple Tree Value GmbH, Landsberger Straße 187, Haus D, 80687 Munich, Germany (“we”, “us”). The Service is provided exclusively to business customers (entrepreneurs within the meaning of § 14 BGB); use by consumers is not intended.

2. Service description

Touristic IQ provides cloud-hosted benchmarking, pricing and reporting tools for the travel industry. Specific features, usage limits, support levels and fees are agreed in the individual order form, framework agreement or subscription plan applicable to your tenant. These Terms apply in addition; in case of conflict the individual agreement prevails.

3. Accounts and registration

You may use the Service only with a valid account. You are responsible for maintaining the confidentiality of your credentials and for all activities performed under your account. You must notify us without delay of any suspected unauthorised access. We may suspend accounts that breach these Terms or pose a security risk.

4. User obligations

When using the Service you agree to:

• use the Service only for lawful business purposes and in compliance with our Acceptable Use Policy;
• provide accurate registration information and keep it up to date;
• not interfere with the integrity, security or availability of the Service or attempt to access data of other tenants;
• respect third-party intellectual property and applicable data protection rules when uploading or processing data through the Service.

5. Fees and payment

Fees, billing cycle and payment terms follow the order form or subscription plan agreed with your organisation. Unless stated otherwise, invoices are payable within 14 days of receipt. Late payments may result in suspension of the Service and statutory default interest.

6. Intellectual property

All rights in the Service, including software, design, documentation and trademarks, remain with Temple Tree Value GmbH or its licensors. You receive a non-exclusive, non-transferable, time-limited right to use the Service for your internal business operations during the term of your subscription. You retain all rights in the data you upload to the Service.

7. Confidentiality

Each party will treat the other party's confidential information with the same degree of care it applies to its own confidential information, and at least with reasonable care. Confidential information includes any non-public business, technical or commercial information disclosed in connection with the Service.

8. Service availability

We aim for high availability of the Service but do not guarantee uninterrupted operation. Scheduled maintenance is announced in advance whenever feasible. Where a separate Service Level Agreement has been concluded, that SLA governs availability commitments and remedies.

9. Data protection

The Privacy Policy describes how we process personal data of users of the Service. For personal data processed on your behalf as a controller, we conclude a separate data processing agreement (Art. 28 GDPR) on request.

10. Liability

We are liable without limitation for damages caused intentionally or by gross negligence, for personal injury, and under the German Product Liability Act. For damages caused by simple negligence we are liable only in case of a breach of a material contractual obligation; in such cases liability is limited to typical, foreseeable damages. Any further liability is excluded to the extent permitted by law.

11. Term and termination

The term and notice periods follow the individual subscription. Both parties retain the right to terminate the agreement for cause. Upon termination, your access to the Service ends and your data is deleted in accordance with the Privacy Policy, subject to statutory retention obligations.

12. Governing law and venue

These Terms are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. Exclusive place of jurisdiction for all disputes arising out of or in connection with these Terms is Munich, Germany, provided that the customer is a merchant, legal entity under public law or a special fund under public law. Should any provision be invalid, the remaining provisions remain unaffected.