These Terms of Service (the "Terms") govern your use of the Equilibrium Property Management System (the "Service", "PMS") operated by JTHERUSSIAN TECH ART SRL, a company registered in Romania under registration number CUI 45569309, J27/132/2022, with registered office at Ale. Tineretului nr. 13A, Piatra Neamț, jud. Neamț, 610003, România (the "Operator", "we", "us").
By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service.
The Service is a web-based property management system (PMS) for small accommodation operators. Features include a booking calendar, room and property management, payment-link generation (via the Stripe integration), invoice issuance (via the SmartBill integration), revenue export to Google Sheets, channel synchronisation via iCal, and automated message templates.
The Service is available at pms-equilibrium-calendar-sync.web.app and the administrative interface at admin-pms-equilibrium.web.app.
You agree not to:
You retain all rights in the data you input into the Service (bookings, room configurations, settings, guest contact details). We process this data on your behalf as a data processor under the terms set out in our Privacy Policy.
You are responsible for ensuring that you have a lawful basis under the GDPR (or any applicable data protection law) for entering and processing personal data of your guests in the Service.
For the personal data of your guests that you process through the Service, we act as your processor and you act as the controller. The processing instructions, sub-processor list, security measures, and breach-notification commitments set out in our Privacy Policy form the data-processing addendum required by GDPR Art. 28(3). A standalone signed DPA is available on request - email officejta95@gmail.com.
The Service software, its source code, user interface, documentation, and trade marks ("PMS", "Equilibrium") are owned by us or our licensors. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service for your internal business purposes only.
You retain all rights in the data you create, upload, or import into the Service ("Your Content"). You grant us a limited licence to host, store, transmit, display, and process Your Content solely to provide the Service to you. We do not claim ownership of Your Content and we will not use it for any other purpose (no advertising, no model training, no resale).
Feedback, suggestions, and ideas you send us about the Service are non-confidential and we may use them without restriction.
The Service offers optional integrations with third-party services, including:
When you enable an integration, your use of the third-party service is subject to that provider's own terms and privacy policy. We are not responsible for the availability, accuracy or behaviour of third-party services.
The Service is currently provided free of charge. We reserve the right to introduce paid plans for some or all features in the future, with reasonable advance notice. Any change to fees will be communicated through the Service or by email before taking effect.
Fees charged by third-party providers (e.g. Stripe payment-processing fees, SmartBill invoicing fees) are not part of the Service price and are billed separately by those providers.
We aim to keep the Service available at all times but we do not guarantee uninterrupted, error-free, or fully secure operation. The Service depends on third-party infrastructure providers and may be affected by their outages, maintenance windows, or other events outside our control.
We may temporarily suspend the Service for maintenance, upgrades, or to protect the security of users.
No contractual uptime SLA. The Service is currently offered without a contractual uptime service-level agreement. We do not provide service credits or refunds for downtime. This may change once paid plans are introduced.
We are not liable for any failure or delay in performing our obligations under these Terms to the extent caused by events beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, government action, labour disputes, internet or telecommunications outages, third-party infrastructure failures, or pandemics.
You may stop using the Service and delete your account at any time through Settings → Manage account → Delete my account, or by contacting us at officejta95@gmail.com.
We may suspend or terminate your access to the Service if you breach these Terms, if your use poses a security or legal risk, or if we cease operating the Service. Except where we suspend for security or legal reasons, we will give you at least 14 days' advance notice and an opportunity to export your data.
For at least 30 days after termination (whether initiated by you or us, except where we terminate for material breach), you may request a one-off export of your bookings, rooms, properties, and settings in a structured, machine-readable format (JSON). The in-app Download Backup feature provides this on demand at any time. After the 30-day window, your data will be permanently deleted from our active database, subject to the retention obligations described in our Privacy Policy.
To the maximum extent permitted by applicable law, the Service is provided "as is" and "as available", without warranties of any kind, whether express or implied, including without limitation any implied warranty of merchantability, fitness for a particular purpose, or non-infringement.
You are responsible for verifying any information generated by the Service before relying on it for tax, accounting, legal, or commercial purposes.
To the maximum extent permitted by applicable law, in no event will we be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenues, data or business opportunities, arising out of or in connection with your use of the Service.
Our aggregate liability for any direct damages arising out of or in connection with the Service is limited to the greater of (a) the total amount you have paid us for the Service in the 12 months preceding the event giving rise to liability, or (b) EUR 100.
Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence, fraud, or fraudulent misrepresentation.
EU consumers. If you are a consumer resident in the European Union, the caps in this section do not apply to you to the extent they would deprive you of mandatory consumer-protection rights you would have under the law of your country of residence. Your statutory rights as a consumer (including those under Directive (EU) 2019/771 and Romanian Law 449/2003) remain unaffected.
If you believe that content available through the Service infringes your copyright, send a written notice to officejta95@gmail.com with: (a) your contact details and a signature (physical or electronic); (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the allegedly infringing material with enough detail for us to locate it; (d) a statement that you have a good-faith belief that the use is not authorised; and (e) a statement, under penalty of perjury, that the information in the notice is accurate and that you are authorised to act on behalf of the rights holder. We will review and respond in a reasonable timeframe.
You agree to indemnify and hold us harmless from and against any claims, damages, liabilities and expenses (including reasonable legal fees) arising out of or related to (a) your use of the Service in violation of these Terms, (b) your violation of any law or third-party right, or (c) personal data you process through the Service without a lawful basis.
We may update these Terms from time to time. Material changes will be communicated through the Service or by email at least 14 days before they take effect. Continued use of the Service after the changes take effect constitutes acceptance.
These Terms are governed by the laws of Romania, without regard to conflict-of-laws principles. Any dispute arising out of or in connection with these Terms or the Service shall be subject to the exclusive jurisdiction of the competent courts of Piatra Neamț, Romania.
Where you are a consumer resident in the European Union, this clause does not deprive you of the protection of mandatory rules of the law of your country of residence.
Questions about these Terms? Contact us at officejta95@gmail.com.
Entire agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service and supersede any prior agreements on the same subject.
Severability. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal or unenforceable, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will continue in full force and effect.
No waiver. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of that right or provision. Any waiver must be in writing and signed by us to be effective.
Assignment. You may not assign or transfer these Terms or any rights or obligations under them without our prior written consent. We may assign these Terms to a successor in connection with a merger, acquisition, or sale of assets, provided that the successor agrees to be bound by these Terms.
Notices. We will send notices to you at the email address on your account, and such notices will be deemed delivered when sent. You may send notices to us at officejta95@gmail.com.
Relationship of the parties. Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and us.