Terms of Service

These Terms of Service govern your access to and use of the sparkdesk platform, an AI-powered hotel receptionist service operated by Polygon AI GmbH, a company registered in Zurich, Switzerland. By accessing or using our services, you agree to be bound by these terms.

1. Acceptance of Terms

By creating an account, accessing our platform, or using any of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you are entering into this agreement on behalf of a hotel, hospitality group, or other legal entity, you represent that you have the authority to bind such entity to these terms. If you do not agree to these terms, you may not access or use our services.

2. Service Description

sparkdesk provides AI-powered receptionist services for hotels, including voice and text-based guest interactions, room booking management, spa and dining reservations, and integration with property management systems. The platform is designed to automate front desk operations while maintaining a human-like conversational experience.

sparkdesk integrates with third-party systems including property management systems (such as Mews), telephony infrastructure, and payment processors (such as Stripe). The availability and functionality of these integrations are subject to the respective third-party terms and service availability.

3. Hotel Responsibilities

The Hotel Operator is responsible for the accuracy of information provided to sparkdesk, including room availability, pricing, service offerings, and guest policies. sparkdesk processes guest interactions based on the data and instructions provided by the Hotel Operator.

The Hotel Operator remains solely responsible for the execution of bookings and services, including but not limited to: honoring reservations made through sparkdesk, handling guest complaints and disputes, compliance with local hospitality regulations, and accuracy of promotional offers and pricing. sparkdesk acts solely as a technology provider and assumes no liability for operational disputes between hotels and their guests.

4. Payment Processing

When payment processing is enabled, transactions are handled through Stripe via secure payment links sent to guests. By using this feature, you agree to Stripe's terms of service and acknowledge that sparkdesk is not liable for any issues arising from Stripe's services, including but not limited to: payment processing failures or delays, chargebacks and dispute resolution, or Stripe service outages.

sparkdesk never stores or has access to complete credit card numbers or sensitive payment credentials. All payment data is handled directly between the guest and Stripe.

5. Service Level & Uptime

sparkdesk is engineered for high availability and is designed to handle voice and text interactions around the clock. However, no software platform is entirely free from errors or downtime. We do not guarantee uninterrupted service and shall not be liable for any losses arising from service interruptions, whether planned (maintenance) or unplanned. We will make reasonable efforts to notify users of planned maintenance windows in advance.

6. Intellectual Property

The sparkdesk platform, including all software, AI models, conversation designs, documentation, and related materials, is the exclusive property of Polygon AI GmbH. You are granted a limited, non-exclusive, non-transferable licence to use the platform for its intended purpose. You may not copy, modify, distribute, sell, or lease any part of our services without prior written consent.

7. Limitation of Liability

To the maximum extent permitted by applicable law, Polygon AI GmbH and its affiliates, officers, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, or business opportunities, arising out of or related to your use of the platform. Our total liability shall not exceed the fees paid by you to sparkdesk in the twelve months preceding the claim.

8. Termination

Either party may terminate this agreement at any time with thirty days written notice. sparkdesk reserves the right to suspend or terminate your access immediately if you breach these terms, engage in fraudulent activity, or use the platform in a manner that could harm sparkdesk or other users. Upon termination, you may export your data in accordance with our data export procedures.

9. Governing Law & Jurisdiction

These Terms of Service shall be governed by and construed in accordance with the laws of Switzerland, without regard to its conflict of law provisions. Any disputes arising from or relating to these terms or your use of the platform shall be subject to the exclusive jurisdiction of the courts of the Canton of Zurich, Switzerland.

10. Changes to These Terms

We reserve the right to modify these terms at any time. Material changes will be communicated via email to your registered address at least thirty days before they take effect. Your continued use of the platform after such changes constitutes acceptance of the modified terms.