Terms of Use.

These Terms of Use (“Terms”) govern access to and use of Pello, an AI-powered revenue assistant for lodges, hotels and hospitality businesses (“Pello”, “we”, “us”). By creating an account or using Pello, you (“the Customer”, “you”) agree to these Terms. If you are using Pello on behalf of a business, you confirm you are authorised to bind that business.

Pello analyses business information you upload — such as cashflow data, room rates, occupancy figures and booking records (“Customer Data”) — to provide benchmarking insights, revenue suggestions and marketing campaign recommendations. Pello’s outputs are generated in part by artificial intelligence.

3.1Ownership

You retain full ownership of all Customer Data you upload. Nothing in these Terms transfers ownership of your data to us.

3.2We do not sell or share your data

We do not sell Customer Data. We do not share Customer Data with third parties for their own marketing or commercial purposes. Your financial and operational data is treated as confidential.

3.3How we use your data

We use Customer Data solely to:

• (a)provide the Pello service to you, including generating benchmarks, suggestions and campaigns;
• (b)maintain, secure and improve the service; and
• (c)comply with legal obligations.

3.4Benchmarking and aggregated data

Benchmarking features may draw on aggregated and anonymised data across Pello customers. Aggregated data never identifies you, your business, or your individual figures, and cannot reasonably be reverse-engineered to do so. No customer can see another customer’s underlying data.

3.5Sub-processors

We may use trusted service providers (e.g. cloud hosting, AI model providers) to operate Pello. These providers process data only on our instructions, under confidentiality obligations, and only as necessary to deliver the service. A current list of sub-processors is available on request.

3.6Personal data and compliance

Where Customer Data includes personal data (e.g. guest names in booking records), we process it in accordance with applicable data protection laws, including the Kenya Data Protection Act, 2019 and its Regulations and, where applicable to you or your guests, the EU General Data Protection Regulation (GDPR), the UK GDPR and other equivalent laws. In respect of personal data contained in Customer Data, you are the data controller and we act as your data processor, processing only on your documented instructions. You are responsible for ensuring you have a lawful basis to upload any personal data to Pello. Details of our processing are set out in our Privacy Policy and, where required, a Data Processing Addendum (“DPA”), both of which form part of these Terms.

3.7International data transfers

Customer Data may be stored or processed outside the United Kingdom (for example, on cloud infrastructure or by AI model providers located abroad). Where personal data is transferred internationally, we do so in compliance with applicable transfer rules — including section 48 of the Kenya Data Protection Act (appropriate safeguards or Data Commissioner requirements).

3.8No training on your data

We do not use your Customer Data to train generalised AI models, and we contractually require our AI model providers not to do so.

3.9Security and breach notification

We implement appropriate technical and organisational measures to protect Customer Data, including encryption in transit and at rest and access controls. If we become aware of a personal data breach affecting your Customer Data, we will notify you without undue delay and provide reasonable assistance with your own notification obligations (including to the Office of the Data Protection Commissioner or other regulators where required).

3.10Data retention, deletion and portability

You may export your Customer Data and request its deletion at any time. On termination of your account, we will delete or anonymise Customer Data within 90 days, except where retention is required by law. We will assist you, to the extent reasonably possible, in responding to data subject rights requests (access, correction, erasure, objection) relating to personal data we process on your behalf.

You agree not to:

• (a)upload data you do not have the right to use or share;
• (b)use Pello for unlawful purposes;
• (c)attempt to access other customers’ data;
• (d)reverse-engineer, scrape, or resell the service without written consent;
• (e)use Outputs in a way that is misleading or unlawful (e.g. deceptive advertising); or
• (f)attempt to use Pello to generate content that is harmful, deceptive, sexually explicit, exploitative of children, or that facilitates fraud, or attempt to bypass any safety measures built into the service.

5.1Reporting and moderation

Pello includes an in-app mechanism to report or flag inappropriate or offensive AI-generated content. We review reports and use them to improve content filtering and moderation, and we may remove content or restrict accounts that breach these standards.

5.2Age requirement

Pello is a business tool. You must be at least 18 years old to use it, and it is not directed at, or intended for use by, anyone under 18.

Where you access Pello through a third-party platform or distribution channel (such as a Google surface or app store), your use is also subject to that platform’s applicable terms and policies, and those platform providers are not party to, and have no obligations under, these Terms.

To the maximum extent permitted by law:

• (a)Pello is provided “as is” and “as available”, without warranties of any kind, express or implied;
• (b)we are not liable for any loss of profits, revenue, business, goodwill or data, or for any indirect or consequential loss, arising from your use of Pello or reliance on any Output; and
• (c)our total aggregate liability arising out of or in connection with these Terms shall not exceed the fees paid by you to us in the [12] months preceding the claim.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for fraud, fraudulent misrepresentation, or death or personal injury caused by negligence.

If you are dealing as a consumer under applicable consumer protection law (including the Kenya Consumer Protection Act, 2012 or equivalent laws in your jurisdiction), nothing in these Terms affects your statutory rights, and the limitations above apply only to the extent permitted.

You will indemnify us against claims arising from Customer Data you upload (including claims that it infringes third-party rights or was uploaded without proper authorisation) or from your unlawful use of the service.

Either party may terminate on [30] days’ notice. We may suspend or terminate access immediately for material breach of these Terms. Sections 3 (data commitments), 4, 7 and 8 survive termination.

We may update these Terms from time to time. Material changes will be notified to you in-app before taking effect. Continued use after that date constitutes acceptance.

These Terms are governed by the laws of the United Kingdom, and the parties submit to the jurisdiction of the United Kingdom courts.