Terms and Conditions

Terms and Conditions

Please read these terms of service carefully, as they contain important information about your legal rights and obligations related to the use of the LOBBY platform, as well as compliance obligations dictated by laws and regulations.

This agreement was originally drafted in Spanish. In the event of any discrepancies between the original and a translated version, the original Spanish version shall prevail for all purposes of interpretation.

Welcome to LOBBY, an application or platform, hereinafter referred to as “LOBBY” or “Platform” or “Application” or “Service” that offers its services, described later in this document, through the website https://lobbypms.com/. You and all persons who use LOBBY, whether registered or not, will be referred to in this document as User(s).

The User(s) who use and enjoy LOBBY must know and accept the following Terms and Conditions of Use (hereinafter referred to as the “TERMS” or “CONTRACT”) and the Privacy Policies that refer to the Personal Data Processing Policies.

Lobbypms SAS (also referred to in this document as LOBBY or LOBBYPMS), identified with NIT 900.881.345, with main address in Medellín, Colombia, telephone +573116248080 and email central@lobbypms.com is the operator of this digital platform.

The Terms and Conditions of use of our platform are as follows:

1. Acceptance of Terms and Conditions

When a User logs in, connects, accesses or uses the Platform, they must review, read, accept and understand LOBBY’s Terms and Conditions of Use and Privacy Policy and are obligated to comply with its provisions and all laws related to the use, access and connectivity to third-party digital platforms.

If the User does not accept any of the Terms and Conditions, the User must not connect to, access, or use the LOBBY Application in any way.

The User is responsible for complying with all laws, regulations, or any other obligations related to the Service or Platform. LOBBY recommends that the User carefully review the Terms and Conditions of Use before engaging in any activity on the Platform.

Users who log in, connect, access, or use LOBBY acknowledge that these Terms constitute a legally binding and enforceable contract with LOBBY, and their express consent may be obtained through various means, such as checkboxes, electronic signatures, or other conclusive conduct, such as requesting and paying for the service. These Terms will always be available to Users so they can make informed purchasing decisions.

The Platform Operator reserves the right to modify them at any time and to optimize the conditions and services of the platform without prior notice. Whenever changes involve new charges or modifications to the rights of platform Users, timely notice will be given.

1. LOBBY Service and Operation

LOBBY is a web-based hotel management software that makes it easy for users to manage and control any type of hotel business. LOBBY facilitates the management of reservations, registration of consumption and payments made by guests, printing of invoices, reception shifts, cleaning, accounting and much more.

LOBBY operates on a subscription model, where users who wish to use the service must pay a membership fee to begin working with the system and then a monthly fee to keep the system running. This membership fee includes the first month of service on the platform.

Some LOBBY functionalities that are of a regulatory or fiscal nature, such as reports to SIRE, transfer to SIAT, immigration management or others similar, may only be available in certain countries, according to the local regulations applicable in each jurisdiction.

The availability of a feature in a specific country does not imply that such feature is required in another jurisdiction, nor does LOBBY guarantee its compatibility with local regulatory requirements outside of the countries in which it has been expressly enabled.

The USER is solely responsible for verifying that the Platform and its functionalities are useful in accordance with the country where their establishment or business operates. Use of LOBBY does not guarantee the USER’s automatic regulatory compliance with any tax, immigration, or other authority.

LOBBY periodically releases new features that may be identified as beta, experimental, testing, or under development. These features are offered “as is,” without any guarantees regarding their operation, continuity, accuracy, or compatibility with other modules of the Platform. LOBBY reserves the right to modify, suspend, or remove them at any time and without prior notice, without giving rise to any right to compensation or indemnification in favor of the USER.

Users who utilize beta or experimental features do so at their own risk. LOBBY will not be liable for errors, data loss, interruptions, or any other damages resulting from the use of beta features.

1. How to purchase the LOBBY Service

3.1. Acquisition of the service.

To purchase the service, simply visit the website and click on the 15-day trial button. A form will appear for you to add all the information required to register your business and purchase the service. LOBBY will not store the data of accounts configured during the trial period, so as soon as this free trial ends, all information about that user will be deleted.

Upon completing the registration process, the platform will enable a 15-day trial. During this period, you can begin configuring all your business information and start using some of LOBBY’s features free of charge, with support from our team of experts. It is possible that not all LOBBY functionalities will be available during this trial period due to the time required to integrate user information into the platform.

• Account activation.

Once the trial period ends, a subscription is required to continue using the platform. To do this, you will be asked to register a credit card, which will be used to charge the monthly or annual service fee, depending on your choice. Whenever a LOBBY subscription payment involves external or third-party platforms, the purchaser must be aware of, understand, and accept the terms and conditions of those platforms.

Taking the above into account, Users understand and accept that internet purchases may eventually present security flaws, and even though the Operator of this Platform provides Users with a secure connection system for all transactions (whether for payment of Platform services or for payments that Users intend to receive from their own clients), in no case will the Operator be liable for failures in communications of banking entities, credit institutions, or internet connection services, nor for damages caused by an action or omission of said entities or by third parties who, through illegal maneuvers, cause damage to the operation, understanding that there are third parties involved and the operation does not depend on the Platform Operator, the Operator of this Platform will only be liable to the extent expressly required by law.

Likewise, all persons intending to conduct transactions with Lobbypms SAS guarantee:

• That their income and especially the funds they will use to carry out transactions on the Platform and in favor of Lobbypms S.A.S. come from lawful activities.
• That they are not reported in binding lists such as OFAC, United Nations, European Union, HM Treasury List, Global Enforcement List (GEL) or in any national or international money laundering prevention list.
• That they do not participate in, nor are involved in, investigations, judicial or police reports for crimes such as money laundering, drug trafficking, human trafficking, pimping, child pornography, embezzlement, extortion, kidnapping, extortion, belonging to and/or dealings with illegal armed organizations or criminal organizations of any kind, arms trafficking, terrorism, crimes against humanity or crimes against sexual freedom, integrity and development.
• That you have not given any bank information to a third party that could be used to make purchases or acquire obligations in your name.

Therefore, they authorize LOBBY to terminate this contract and cancel current subscriptions immediately if they become involved in such situations, without this generating any type of liability for the Operator of this platform.

• Service fees and automatic subscription renewal.

The rates are published at the URL https://lobbypms.com/en/prices/. The service prices published by LOBBY may not include applicable taxes, fees, or contributions depending on the USER’s jurisdiction, such as VAT or other equivalent taxes. Where applicable, these taxes will be itemized on the invoice or equivalent document issued by LOBBY and will be the responsibility of the USER in accordance with the tax regulations in force in their country of operation.

LOBBY may modify the service fees at any time. Any changes to the subscription price will be notified to the USER before their next payment due date, so that the USER can make an informed decision before the new price takes effect. Continued use of the service after the new price takes effect will be considered acceptance of the new price. If the USER does not agree with the new price, they may cancel their subscription before the next billing date.

The LOBBY subscription automatically renews at the end of each contracted period for the same period as the previous one, until the USER expressly cancels it at any time through the channels enabled for this purpose. The USER is responsible for managing the cancellation of their subscription with sufficient notice to avoid being charged for the next period.

Refunds: Although you can cancel your subscription at any time, please note that we will only issue a refund if requested within 5 calendar days of payment. A 6% reversal fee will be charged for the refund. Refund requests must be submitted via email to our customer service department.

• Payment methods of the Platform.

LOBBY payment is made via credit card, where the platform will automatically charge each month or each year according to the User’s subscription type, and the User expressly accepts this when registering their credit card as a payment method.

The payment provider used by the Platform may vary depending on the country where the User is located. The Platforms used on the LOBBY website will always be displayed. The payment gateways found on LOBBY are third party platforms, so the User must know, understand and accept their respective terms and conditions before using them, which can be consulted before making any payment. LOBBY does not guarantee the continuous availability or proper functioning of third-party payment gateways integrated into the Platform. Failures, interruptions, processing errors, transaction rejections, or any other issues arising from the operation of these gateways are the sole responsibility of the corresponding payment provider.

• User registration and account ownership.

Once the user pays for the subscription and receives their login credentials, they can access the system to begin using the software. Upon first login, a registration process will be activated, where they will be asked to complete a form with all the information required for the system to function. Some of the required data includes: Company name, country, city, active email address, phone number, and username, among others. After entering all the required registration information, the user must accept these Terms and Conditions by clicking the ACCEPT TERMS AND COMPLETE REGISTRATION button. This will fully activate the system, making it ready for use as hotel management software.

By registering with LOBBY, the User affirms that they are of legal age and accept these Terms and Conditions. If the User is not of legal age or lacks the capacity to enter into contracts according to Colombian law and the legislation in force in the territory where they are located, they must not use the Application or provide LOBBY with any of their personal data. LOBBY reserves the right to request proof of age or legal capacity to enter into contracts at any time to verify that minors are not using LOBBY. If LOBBY becomes aware that a minor is using the Application, LOBBY may prohibit and block that User’s access and will make every effort to promptly delete any personal information related to that User. LOBBY reserves the right to verify the data provided during the registration process and to approve access to the Platform.

4.1. Account verification:

As of January 1, 2022, it will be necessary to complete a verification process to use the LOBBYPMS platform in any hosting business. The process consists of completing all the information requested by the platform and submitting the required supporting documents. Our team will validate the information and approve or reject the account in less than 5 business days.

To create an account on behalf of a legal entity, you will need to provide the email address and other information registered with the corresponding chamber of commerce, if it is a Colombian company. If it is a legal entity incorporated in another country, the account must be created using the information registered with the relevant authorities. If an individual wishes to recover an account, claiming they no longer have access to the initially registered contact information, they must provide proof of account ownership and the change in the registered information.

In the case of creating an account in the name of a legal entity, the interested party must be able to provide some proof that certifies that he or she is the legal representative and is duly authorized to do so.

The User who registers with LOBBYPMS is directly responsible for maintaining the contact details with which he/she registers on this Platform and must be able to provide alternate contact details if required.

In the event that a User loses their login details and is unable to prove ownership of the account, they understand and accept that Lobbypms SAS will be entitled to deactivate the account and the User will not have access to the information stored in LOBBY, without any right to compensation or redress arising.

The platform operator reserves the right to provide its services to whomever it deems appropriate. If there are grounds to believe that a registered business does not comply with tourism regulations, does not provide good quality service, or there is any indication that the registration is fraudulent, the operator may refuse to accept the registration of any person without having to explain the reasons for the refusal.

• Account ownership.

The Lobby account belongs to the company or business registered in Lobby, if the account has been created by a partner, employee or collaborator of the company or business and this is no longer in the same, it is the responsibility of the company or business to have access control and sufficient tools that allow you to retrieve your account at all times. In case of internal conflicts, Lobby will give the access to the account or the ownership of the account to the person who appears as administrator or legal representative of the company before the public registry of commerce or similar.

• Responsibility for access accounts.

It is the responsibility of each company to diligently manage the LOBBY access accounts of its employees and collaborators, including the timely modification of users when changes occur in its staff and the removal of access to the Platform for any employee, contractor or collaborator who ceases to be linked to its establishment.

The USER may not share their login credentials with unauthorized persons, third parties, external software, automated tools, bots, or artificial intelligence systems without the express written authorization of LOBBY. Any action taken from an account registered under the USER’s subscription will be presumed to have been performed by the account holder or by persons authorized by them, and will generate full liability for the account holder. LOBBY will not be liable for damages, loss of information, unauthorized access, or any other harm resulting from a breach of this obligation.

• Chargebacks.

Chargebacks arising from disputes between the USER and their guests or customers are the sole responsibility of the USER in their capacity as a merchant. LOBBY does not intervene in the resolution of payment disputes between the USER and their end customers, nor does it assume responsibility for funds held, blocked, or returned by the unilateral decision of the payment gateway or the corresponding bank. The USER acknowledges that payment gateways may, in accordance with their own policies, freeze, hold, or return funds independently, without LOBBY having any control over such decisions. LOBBY will not be liable for fraudulent payments made by guests or third parties through the gateways integrated into the Platform. Verifying the identity of payers and implementing anti-fraud measures are the responsibility of the USER and the corresponding payment gateway.

• Powers granted to LOBBY by the User

The User authorizes LOBBY to: (1) Use the processor, bandwidth and storage hardware of your device to facilitate the operation of the Service, (2) Publish advertisements or other information from LOBBY and its business partners, anywhere on the Platform.

• Profile Configuration

When registering on the Platform, the User can modify his/her profile information at any time by accessing the “Settings” Menu and adding or modifying the registration information such as name, last name, company name, telephone and active e-mail. It also allows changing the password, which must be handled confidentially at all times.

When registering on the Application, the User must provide only true, accurate, and complete information. Otherwise, LOBBY will be unable to provide the User with proper service and may eventually block their account and refuse to provide any service if it deems it necessary.

The USER is solely responsible for maintaining the confidentiality of their login credentials and for all activities that occur under their account. In case of suspected unauthorized access or breach of their credentials, the USER must notify LOBBY immediately through the available support channels. LOBBY will not be liable for any losses or damages resulting from a failure to comply with this obligation.

• User Obligations

In addition to those set forth throughout this document, the User has the following special obligations:

• • Maintain confidentiality by not sharing the User’s name and password with third parties.
  • Be of legal age and provide the documentation that LOBBY may require to become a User.
  • Be responsible for the truthfulness and accuracy of the data provided.
  • To have its own internal work policies, such as policies for the treatment of personal data, reservations and cancellations, use of its spaces, prevention of sex tourism, among others.

• Comply with the immigration reporting obligations required by the competent authority in the country where your establishment or business operates. In Colombia, this includes verifying the list of individuals reported to the SIRE system of Migración Colombia daily through the automatic connection available on the Platform, as well as submitting the information manually when necessary. In other countries, the USER must comply with the equivalent obligations under applicable local immigration regulations. LOBBY is not responsible for the lack of verification of this data, for failures in its submission to the competent immigration authority, or for penalties resulting from non-compliance with these obligations. The immigration report is a legal obligation of the accommodation establishment that cannot be fully delegated to LOBBY.

• Comply with the reporting obligations for tourist information required by the competent authority in the country where your establishment operates. In Colombia, this includes transferring accommodation data to the Tourist Accommodation Information System (SIAT) of the Ministry of Commerce, Industry and Tourism by completing the Accommodation Registration Card. In other countries, the USER must comply with equivalent tourist reporting obligations in accordance with applicable local regulations. LOBBY technically facilitates this process through the functionalities enabled on the Platform, but does not guarantee that their use will be sufficient for the USER to fulfill all of their regulatory obligations to the competent tourism authorities. The responsibility for the timely and correct fulfillment of these obligations rests solely with the USER.

• Allow access to the account only to authorized users and do not share login credentials with unauthorized persons.
• Notify LOBBY immediately of any unauthorized use of your account or any other security breach.

• Security policies

LOBBY will take the necessary measures to safeguard the security and protection of the User’s data and secret password. However, it cannot guarantee that the information is 100% secure or inaccessible to third parties, as it is important to note that no system is currently immune to security breaches due to software failures or third-party attacks. If changes are detected in the information registered on the Platform, or in the event of any irregularity, or simply as a measure to protect identity, LOBBY may contact the User by telephone or email to verify the changes and attempt to prevent potential fraud. LOBBY may even freeze, deactivate, or block a User’s account if it detects a potential threat, which the User expressly accepts by agreeing to these Terms and Conditions.

The personal data voluntarily provided to the Platform may only be processed by LOBBY for the automatic completion of documents and for the operation of the Platform, billing, and the provision of services; it will not be shared with third parties unless there is a law or court order requiring the Operator to do so. The User may revoke authorization to use their personal data in accordance with the Data Protection Law. To do so, they can contact the customer service team via the email address provided in this document.

In the event of detecting suspicious changes in the information registered on the Platform, unusual access, or any other irregularity that could compromise the security of an account, LOBBY may contact the USER by telephone or email to verify the changes and attempt to prevent potential fraud. LOBBY may also freeze, suspend, terminate, or block an account preventively if it detects a potential threat to the security of the Platform or other users, without giving rise to any right to compensation. The USER expressly accepts this right by agreeing to these Terms and Conditions.

8.1. Shared responsibility for safety. In the SaaS model, security is a shared responsibility. LOBBY is responsible for the security of the infrastructure, servers, databases, and software. The USER is responsible for the security of their use of the Platform, which includes managing their login credentials, administering employee and collaborator accounts, defining permissions, promptly revoking access for former employees, and complying with internal cybersecurity policies. Any action taken from an account registered under the USER’s subscription will be presumed to have been performed by the account holder or by individuals authorized by them.

8.2. Backups. LOBBY will perform regular backups of the information stored on the Platform as part of its cloud infrastructure. However, these backups are solely intended to ensure service continuity and recovery from internal technical failures, and do not constitute a guaranteed backup service for the USER. LOBBY does not guarantee full data recovery or restoration times in the event of data loss resulting from external attacks, force majeure events, cloud provider failures, or actions or omissions by the USER. The USER is advised to maintain separate copies of their critical information, including accounting, reservation, and guest data.

8.3. Audit records. As part of its SaaS infrastructure, LOBBY maintains activity logs of operations performed on the Platform, including access, modifications, transactions, and security events. These logs may be used as valid evidence in the event of disputes related to bookings, payments, unauthorized access, internal fraud, or any other controversy arising from the use of the Platform. The USER expressly accepts the evidentiary validity of these logs.

• Warranty for Service purchased from LOBBY

LOBBY grants the User a legal guarantee for the purchased service. This guarantee consists of providing a quality service and is an obligation of means; the guarantee is given by offering high quality in the provision of the service and not in the result, understanding that as a digital platform, downtime and errors in operation may occur that could eventually cause the loss of a business opportunity. However, by using LOBBY, Users know and accept the risks of using this digital platform.

In the event of any complaint or claim about the service, the User may contact LOBBY by email or telephone. LOBBY’s contact details can be found in the last part of this document.

LOBBY may perform scheduled maintenance periodically, during which the Platform or some of its functionalities may be temporarily unavailable. LOBBY will endeavor to notify the USER of scheduled maintenance windows with reasonable advance notice. Additionally, LOBBY reserves the right to perform emergency maintenance at any time and without prior notice when technical or security circumstances so require. No scheduled or emergency maintenance will constitute a breach of these Terms and Conditions nor give rise to any right to indemnification or compensation in favor of the USER.

9.1. LOBBY will not be liable for any total or partial failure to perform its obligations when such failure results from events beyond its reasonable control, including but not limited to: power outages, interruptions or failures of cloud or telecommunications service providers, cyberattacks, malicious acts of third parties, restrictions or decisions by government authorities, health emergencies, natural disasters, acts of war or terrorism, or any other event of force majeure or acts of God as defined by applicable law. In such cases, LOBBY will notify the USER as soon as possible and will make its best efforts to restore service in the shortest possible time.

• Restrictions on Use

The User may not perform, directly or through any person, the following activities:

• Using robots, spiders, scrapers, automated scripts, artificial intelligence tools, browser automation, bots, or any other automated mechanism to access, query, copy, modify, extract, or interact with the Platform or any content or data available on it without LOBBY’s express written authorization is prohibited. LOBBY reserves the right to detect, block, and suspend any access or connection it identifies as automated or abusive, without prior notice and without giving rise to any right to compensation for the USER.

• • Performing integrations, API connections, or any automated exchange of information with the Platform without prior written authorization from LOBBY is prohibited. Any authorized integration may be subject to specific commercial conditions, technical usage limits, security validations, and any additional terms that LOBBY may establish for this purpose. LOBBY reserves the right to suspend, limit, or revoke any integration or API connection at any time if, in its judgment, it affects the stability, security, or operation of the Platform, without giving rise to any right to compensation for the USER or the third-party integrator. The use of third-party integrations is the sole responsibility of the USER. LOBBY does not guarantee the availability, compatibility, continuity, or security of such integrations and will not be liable for losses, errors, overbookings, double charges, or any other damages arising from their use or failure.

• Allowing third parties, including technology companies, integrators, consultants, agencies or any other natural or legal person, to offer commercial services connected to LOBBY, such as resale of the service, data aggregation, bulk synchronization or multi-user integration services, without prior written authorization from LOBBY.

• Exceeding the technical usage limits established by LOBBY, including query frequency, transaction volume, or infrastructure resource consumption. LOBBY may establish and modify these technical limits at any time to protect the stability, security, and availability of the Platform for all its users, and may suspend or limit a USER’s access when it detects abusive or disproportionate resource consumption, without giving rise to any right to compensation.

• Do not take any action that could damage, disable, overburden, or impair the Platform or interfere with other users’ use of it.

• Do not attempt to gain unauthorized access to any part of the Platform, other accounts, computer systems, or networks connected to the Platform.
• Do not reproduce, duplicate, copy, sell, resell or exploit any part of the Platform without the express written consent of LOBBY.
• Do not fraudulently manipulate the Platform, or attempt to access it through a script or other automated process.
• Use the Platform in any form of spam, unsolicited email or similar conduct.
• Allowing unauthorized or underage Users to access the LOBBY account. User assumes all responsibility for unauthorized use of your LOBBY account including by minors.
• Interfering with or disrupting the operation of the LOBBY platform or the servers or networks that host it, or disobeying any laws, rules, requirements, procedures, policies or regulations of such servers or networks.
• Post or share, through the Platform, any content, text or information that is abusive, threatening, obscene, defamatory, libelous, slanderous, or racially, sexually, religiously, or otherwise objectionable or offensive.
• Impersonate another person or entity, or provide false information on LOBBY, either directly or indirectly.
• Falsely stating or misrepresenting affiliation with any person or entity
• Posting false, inaccurate or illegal information on the Platform.
• Transmit, distribute, display or otherwise make available through or in connection with LOBBY any content, including User-generated content, that may infringe the rights of third parties, including intellectual property rights and privacy rights, or that may contain any illegal content.
• Making screenshots, linking, hotlinking, linking, indexing or any redirection to other websites or platforms; as well as impressions, reproductions, distributions or publications of content hosted on the LOBBY Platform, such as images, logos, texts, recommendations, comments and any other content on the LOBBY application.
• Take any action that imposes or may impose, in LOBBY’s judgment, an unreasonable or disproportionate burden on the platform infrastructure.
• Infringe the physical or computer security measures that LOBBY provides, in order to prevent or restrict access to the Platform.
• Copy, modify, alter, adapt, adapt, make available, translate, reverse engineer, decompile or disassemble any part of LOBBY
• Create a browser, framing, or graphical user interface (GUI) around LOBBY without your authorization.
• Altering the LOBBY Application in any way that affects the security of sending personal information and contact details (such as emails, phone numbers, etc.) to other LOBBY Users, in order to avoid paying for the service or to carry out illegal or illicit activities.
• Engage in any activity that is contrary to public order and the rules of strict compliance that regulate such activities on the Internet.
• Copying, redistributing, reproducing, extracting audio, recording, transferring, publicly displaying, transmitting or making available to the public any part of the LOBBY Platform or its Content, or using it in any other way that is not expressly or legally permitted.
• Circumventing territorial restrictions imposed by LOBBY or its Users.
• Manipulate LOBBY services in some way through a script or other automated process.
• Selling a user account or accepting any compensation or monetary payment or similar to modify the platform, a User Account or the User Content of any account.

In the event of non-compliance with the provisions established in the Terms and Conditions, LOBBY will cancel the User’s account and may initiate legal action for contractual or extra-contractual civil liability.

As a condition of use of the LOBBY Platform, the User agrees and warrants that:

• You will not infringe or violate LOBBY’s Terms and Conditions.
• You have the legal capacity to accept these Terms and Conditions and form a binding agreement under any applicable law.
• Commit to use LOBBY in accordance with these Terms and Conditions, and to fully comply with its obligations.
• In the exercise of the Terms and Conditions shall not violate any other agreement to which the User is bound by provision of any law, rule, regulation, order or court judgment.

• LOBBY License to Use

The platform and its content are owned by LOBBY or LOBBY’s licensors. The user of the Platform acquires a limited, non-exclusive, non-transferable, and revocable license to use the LOBBY service, and a limited, non-exclusive, and revocable license to make personal, non-commercial use of the Content (the “License”). This License will remain in effect until terminated by the User or LOBBY.

LOBBY’s software applications and all Content are licensed to the User, not sold, and LOBBY and its licensors retain ownership of all copies of LOBBY’s software applications and Content, even after installation on your personal computer, mobile device, tablet, or any other similar device (“Devices”).

The cancellation or termination of this License, for any reason, will not extinguish the USER’s obligations that by their nature must survive, including but not limited to: intellectual property obligations, limitations of liability, outstanding payment obligations, and submission to arbitration for the resolution of disputes. Such obligations will remain in effect after the termination of the contractual relationship between the parties.

• Intellectual Property Rights

LOBBY, in compliance with the provisions of Intellectual Property and Copyright, defines that:

The User may upload their own materials and content to the Application subject to Intellectual Property and Copyright laws and regulations (“ User-generated content ”).

The User understands and accepts that he/she is the owner and responsible for the content he/she uploads to the Application , assumes all the consequences that may arise and exempts LOBBY from any legal or factual liability, keeping it harmless at all times (even after the User account is canceled or terminated regardless of the reason) against any third-party claim.

The User agrees that it is the author and owner of the content uploaded to the Platform, or that it has all licenses, rights, consents and permissions from its rightful owners and warrants that it does not infringe the copyrights of third parties or other rights.

The User agrees not to upload content that is in any way illegal or that, while legal at the time of its publication, has subsequently been declared illegal. Notwithstanding the User’s ownership of their content, LOBBY may use anonymized and aggregated information derived from the use of the Platform for statistical, analytical, and service improvement purposes. Under no circumstances will this use imply the identification of the User or their guests, nor the acquisition by LOBBY of any ownership rights over the content uploaded by the User.

• Privacy Policy

LOBBY respects User privacy and is committed to protecting the information published on the Platform. Users have access to the Privacy Policy regarding the handling of personal data. User information and its handling are described in detail in Privacy Policy of LOBBY, which is an integral part of this document. It is understood that the User knows and accepts the Privacy Policies once registered as a User in the Application.

Within the framework of the service provision, the USER acts as the data controller for the personal data of its guests, clients, and collaborators entered on the Platform. LOBBY acts as the data processor, processing and storing said data solely for the purpose of providing the contracted service, in accordance with the USER’s instructions and the applicable personal data protection regulations in each jurisdiction. As a SaaS platform, LOBBY may use cloud technology infrastructure providers and other third-party services for the processing and storage of data (hereinafter, “sub-processors”). LOBBY will ensure that these sub-processors offer adequate levels of personal data protection and that their engagement is governed by contractual confidentiality and security agreements.

The USER guarantees that they have obtained all necessary authorizations from the owners of the personal data entered on the Platform, or that they have a sufficient legal basis for its processing in accordance with the applicable regulations in their country. The USER is solely responsible for fulfilling their obligations as a data controller towards their guests, clients, and collaborators, including the duty to inform, respect the rights of data subjects, and comply with applicable local regulations. LOBBY will not be liable for the USER’s failure to comply with these obligations.

Since LOBBY operates in multiple countries and uses cloud infrastructure that may be located in different jurisdictions, personal data entered on the Platform may be transferred to and processed outside the USER’s country of operation. LOBBY will take the necessary contractual and technical measures to ensure that such transfers are carried out with adequate levels of protection, in accordance with applicable regulations.

The USER may revoke the authorization for the use of their own personal data in accordance with the provisions of LOBBY’s data processing policy.

• Term and termination.

LOBBY may terminate the Terms or suspend the User’s access to the LOBBY service at any time, whether due to improper or illegal use of the LOBBY Platform.

• Termination for default, suspension and other measures

LOBBY may terminate these Terms immediately without prior notice if (i) the User has materially breached them, (ii) the User has provided inaccurate, fraudulent, outdated, or incomplete information during User account registration and during use of the Platform, (iii) the User has violated applicable laws or regulations, or the rights of third parties, or (iv) LOBBY believes in good faith that such action is reasonably necessary to protect the safety or property of other Users, LOBBY, or third parties, to prevent fraudulent activity, assess risks, or conduct investigations.

Similarly, in the event of non-payment of monthly or annual installments, LOBBY reserves the right to freeze User accounts, preventing their use for the original purpose for which they were subscribed. Users will also be unable to access the application to download information or create any copies thereof. Users will only be able to download their information if their subscription payments are up to date. Thirty days after the date of non-payment, the platform operator will delete the information stored in the User’s profile. For accounts in a free trial period, LOBBY will not retain a copy of the information, and it will be deleted once the trial period ends, unless the User activates a paid subscription before its expiration.

The deletion of information will be subject to applicable legal retention obligations in each jurisdiction. Some records may be retained for an additional period when required by applicable tax, accounting, immigration, or other regulations. Technical backups performed by LOBBY as part of its cloud infrastructure may persist temporarily after the deletion of the USER’s profile and will be permanently deleted according to LOBBY’s infrastructure retention cycles.

Termination of these Terms and Conditions, for any reason, will not extinguish obligations that by their nature must remain in force, including provisions regarding intellectual property, confidentiality, limitation of liability, and outstanding payment obligations.

• Trademarks and trade names

The brand, logo, slogan, and all other identifiers related to LOBBY are the property of LOBBY, whether registered or not. Other trademarks, service marks, trade names, and logos appearing on LOBBY belong to their respective owners (“ Third-Party TrademarksNo rights, licenses, or interests in the LOBBY trademarks or Third-Party Trademarks are granted herein, and the User agrees that no rights, licenses, or interests exist with respect to the LOBBY trademarks or Third-Party Trademarks, and therefore the User shall refrain from using any of those trademarks without authorization. The LOBBY-related Trademarks and Third-Party Trademarks are governed by intellectual property laws and regulations and other applicable legal provisions.

With the acceptance of these Terms, Users authorize the publication of their trademarks, names or commercial notices on the Lobby website as well as in any advertising material generated, only mentioning that the User is a LOBBY Client. As soon as the relationship ends, the distinctive signs will be removed.

• Links to third party websites:

It is possible that third parties publish information about LOBBY on other digital platforms without the authorization and review of the Operator, therefore we would like to inform that:

1. The dissemination or presentation of inaccurate information about the services and content published on LOBBY, as well as any type of misleading advertising, is prohibited. No third party is permitted to publish trademarks, trade names, logos, slogans, or other distinctive signs related to LOBBY without our express authorization.
2. The Operator shall not be liable for service offers that are not communicated and purchased directly from our digital platforms, unless they are published by a third party, but are confirmed on the LOBBY website.
3. The creation of deep-links, IMG or image links, or frames of this website is prohibited without the prior and express authorization of the Operator.

When this website contains hyperlinks to websites or applications managed by third parties, under no circumstances should it be understood that there is a relationship of collaboration or alliance with the Platform Operator, unless expressly stated otherwise. Under no circumstances shall we be liable for the services, information, security or legality of sites managed by third parties.

The foregoing also applies to artificial intelligence tools, automation platforms, revenue management software, channel managers, OTAs, payment gateways, and any other third-party service or application that the USER chooses to connect or integrate with the Platform. The existence of a technical integration between LOBBY and a third-party service does not imply any endorsement, alliance, guarantee of functionality, or any liability on the part of LOBBY to the USER for the use of said service. The USER uses these integrations at their own risk and responsibility.

• Announcements

LOBBY may integrate advertisements or sponsored links. If a User clicks on the advertisements he/she may be transferred to an advertiser’s website, receive messages, information and offers. All information contained in the advertisements belongs exclusively to the advertisers. LOBBY has no representation in such advertisements, nor does LOBBY have any control over such advertisements. LOBBY, advertisers or related third parties may be entitled to certain proceeds from such advertisements. The User agrees and acknowledges that they have no rights or interest in, and shall not be granted any rights or warranties with respect to, the revenue from the advertisements.

• Availability and functionality

The availability and functionality of LOBBY depend on various factors, such as communication networks, software, hardware, and service providers and contractors. LOBBY does not guarantee that the application will function uninterrupted at all times, or that it will be immune to unauthorized access or error-free. LOBBY will make every effort at all times to ensure that the availability and operation of the Application are optimal and that the User can access it without any problems.

Service interruptions may result from scheduled maintenance, emergency maintenance, cloud infrastructure provider failures, third-party attacks, telecommunications outages, or force majeure events, as set forth in section 8 of these Terms and Conditions. None of these interruptions will constitute a breach of LOBBY’s obligations nor give rise to any right to indemnification or compensation in favor of the USER.

• Reporting of domestic or foreign guests’ information to SIRE.

In countries where local regulations require the reporting of information on national or foreign guests to the competent immigration authorities, LOBBY technically facilitates such reporting through the functionalities enabled on the Platform.

In Colombia, by authorizing the processing of their personal data, the USER authorizes LOBBY to use and transfer the data of their guests to the SIRE (Information System for the Reporting of Foreigners) of Migration Colombia, where all Colombian accommodation businesses must report daily the entry and exit of foreign persons.

It is the USER’s sole responsibility to register with the competent immigration authority in their country and obtain the necessary credentials for reporting. In Colombia, this involves registering on the Migración Colombia website to obtain a username and password.

The USER must verify the reported information daily through the automatic connection available on the Platform. In any case, the USER may always submit the information manually. LOBBY is not responsible for the lack of verification of this data, for failures in submitting it to the competent immigration authority, or for penalties resulting from non-compliance with these obligations. The immigration report is a legal obligation of the accommodation establishment that cannot be fully delegated to LOBBY.

In other countries where the USER operates, the USER must comply with equivalent immigration reporting obligations in accordance with applicable local regulations, regardless of whether LOBBY has a technical integration with the corresponding immigration authority in that country.

Guide for Colombia: https://soporte.lobbypms.com/hc/es/articles/4406746860307-Gu%C3%ADa-para-reportar-informaci%C3%B3n-al-sistema-de-migraci%C3%B3n-SIRE-Colombia

• LOBBY’s liability and warranties

IN CASE OF MISLEADING REPRESENTATION OR MISCONDUCT BY THE USER WITH THE PLATFORM, LOBBY MAY DECIDE TO CANCEL THE USER’S REGISTRATION AT ITS DISCRETION WITHOUT HAVING TO EXPLAIN THE REASONS.

• Limitation of liability

• Acceptance of these Terms and Conditions and registration as a USER does not imply any transfer of technology.
• LOBBY may provide promotional materials, decals, stickers, and point-of-purchase (POP) materials for brand activation processes. However, such materials may not be used for any purpose other than inviting the community to use the Platform. Any damage caused by the indiscriminate use of such materials must be remedied by the responsible party.
• LOBBY reserves the right to interrupt, suspend, modify, or discontinue the Platform services at any time, whether permanently or temporarily, without requiring prior consent from USERS. Whenever possible, LOBBY will endeavor to notify USERS with reasonable advance notice of significant changes in service availability.
• LOBBY does not guarantee access to and/or use of the Platform at all times. All USERS accept and acknowledge that LOBBY may not always be available due to technical difficulties, internet outages, cloud infrastructure provider failures, scheduled or emergency maintenance, or third-party platform failures. This will not generate liability for LOBBY even if USERS are unable to use their subscription for short or extended periods and miss the opportunity to conduct business. In the event that the Platform is unavailable for more than 24 consecutive business hours due to causes attributable solely to LOBBY, a payment discount will be offered.
• Although the Platform has high security standards, it is not immune to third-party attacks. Use of the Platform is at the sole risk and responsibility of the USER. LOBBY will not be liable for any damages that may result from such use, nor for damages that the USER may suffer to their equipment due to viruses or other attacks as a consequence of using the Platform. In no event will LOBBY’s total liability to the USER exceed the amount actually paid by the USER during the three (3) calendar months prior to the event that gave rise to the claim, regardless of the nature of the action, whether contractual, tortious, or otherwise.
• The use of LOBBY to disseminate and promote comments or elements of any kind that are violent, discriminatory, pornographic, illegal, obscene, abusive, defamatory, libelous or contrary to morality or good customs is expressly prohibited.
• Limitation of liability for overbooking. LOBBY is a hotel management tool and not a booking platform. The ultimate responsibility for managing rates, availability, room allocation, and inventory rests solely with the USER as the operator of the accommodation establishment. LOBBY will not be liable for overbookings, double bookings, lost reservations, rate errors, or any other damages arising from: (i) delays in synchronization with channel managers or OTAs; (ii) failures or interruptions of third-party platforms; (iii) USER configuration errors; (iv) internet connectivity failures; or (v) any other cause beyond the internal operation of the Platform.
• Limitation of liability for AI tools and automation. Suggestions, recommendations, or actions generated by artificial intelligence tools, automation, or experimental features available on the Platform may contain inaccuracies or errors. The USER is responsible for verifying the results generated by these tools before acting upon them. LOBBY’s automated recommendations do not constitute accounting, legal, tax, or any other professional advice. LOBBY will not be liable for decisions made by the USER based on suggestions automatically generated by the Platform.
• Limitation of liability for regulatory compliance. The use of LOBBY does not guarantee the USER’s automatic regulatory compliance with any tax, immigration, tourism, or other authority. It is the USER’s sole responsibility to verify that the use of the Platform and its functionalities complies with the regulations in force in the country where their establishment operates. Immigration, tax, and tourism reporting obligations are the USER’s legal obligations that cannot be fully delegated to LOBBY, as established in sections 7 and 20 of these Terms and Conditions.
• Limitation of liability for chargebacks and guest fraud. Chargebacks arising from disputes between the USER and their guests or customers are the sole responsibility of the USER in their capacity as a merchant. LOBBY does not intervene in the resolution of payment disputes between the USER and their end customers, nor does it assume responsibility for funds held, blocked, or returned by the unilateral decision of the payment gateway or the bank. LOBBY will not be liable for fraudulent payments made by guests or third parties. Verifying the identity of payers and implementing anti-fraud measures are the responsibility of the USER and the corresponding payment gateway.

• Copyright agent and misconduct

LOBBY respects the intellectual property rights of others. If you believe that your work has been copied or otherwise used in a way that infringes copyright, you must inform LOBBY in writing with the following information: (i) the contact person authorized to act on behalf of the copyright owner; (ii) a description of the copyrighted work that has been infringed; (iii) a description of the material that is infringing and that is to be removed or to which access is to be disabled, and information sufficient to permit LOBBY to locate the material (including URL address); (iv) a statement that the User has a good faith belief that the material used is not authorized by the User; and (v) a statement that the information in the notification is accurate and, that the User is the copyright owner.

• Indemnity

The User agrees to indemnify and hold harmless LOBBY and its advisors, directors, employees, and agents from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of: (i) the use of the Services obtained through the Platform; (ii) the User’s breach or violation of any of these Terms; (iii) LOBBY’s use of the User’s Content; (iv) the User’s infringement of the rights of any third party; (v) the User’s failure to comply with obligations related to the prevention of money laundering and terrorist financing; or (vi) any claims by tax, immigration, or other authorities arising from the User’s failure to comply with legal obligations.

• Modifications to the Terms and Conditions

LOBBY may change the Terms and Conditions and Privacy Policy at any time. If material changes are made, LOBBY will notify Users through the Platform. In the event that the Terms and Conditions must be modified to comply with legal requirements, the modifications may take effect even immediately, or as required by law and without prior notice. The User must, after the entry into force of the new changes, read and indicate his/her acceptance. The User is recommended to review the Terms and Conditions from time to time, as they may change. In case the User does not agree with the modification to the Terms and Conditions or Privacy Policy they can cancel the account in the Application.

• Assignment

LOBBY may assign and transfer this Agreement or any part thereof, and may delegate any of its obligations under the Agreement at its sole discretion and without restriction. Notwithstanding the foregoing, these Agreements shall be binding upon and inure to the benefit of the parties, their successors, and authorized assigns.

The User may not assign or transfer these Agreements or any part thereof to any third party, nor may they transfer or sublicense their rights under this Agreement, whether by operation of law or otherwise, without the prior written consent of LOBBY. Any attempt by the User to assign or transfer this Agreement without prior authorization or consent will be null and void.

• Applicable legislation

In case of any controversy between the User and LOBBY in relation to the Terms and Conditions, the parties agree to resolve their differences before an Arbitration Tribunal administered by the Center for Conciliation, Arbitration and Amicable Composition of the Chamber of Commerce of Medellín for Antioquia, made up of one (1) arbitrator . The Arbitration Tribunal shall consist of one (1) arbitrator, appointed by mutual agreement of the parties, and if this is not possible, the arbitrator shall be appointed by lottery conducted by the Center for Conciliation, Arbitration and Amicable Settlement of the Medellín Chamber of Commerce for Antioquia from its lists. The tribunal shall operate at the facilities of the aforementioned Center, shall be subject to the rules set forth in its Regulations, shall be governed by the applicable provisions, and shall decide according to law.

These Terms and Conditions , as well as any claim that may arise between the User and the Platform, are governed by the laws of Colombia , regardless of conflict of law provisions.

• General

1. These Terms and Conditions should not be construed as creating a relationship, partnership, joint venture, employee-employer, agency, or franchisor-franchisee relationship between LOBBY and the User or related third parties.
2. Any claim relating to LOBBY or its use will be governed by current Colombian laws, decisions, treaties, and other legal documents and provisions related to intellectual property, data protection, and other materials related to services or applications on the Internet.
3. If any provision of these Terms and Conditions shall be unlawful, void, or unenforceable, then that provision shall be deemed severable from this document and shall not affect the validity and enforceability of any remaining provisions.
4. These terms constitute the current Terms and Conditions and supersede any prior oral or written agreements between the User and LOBBY.

• User Concerns or Questions

If the User has any questions or comments about the Terms and Conditions of Use and/or Privacy Policy, the User can send a message through the support CHAT published on the app.lobbypms.com interface

• Third party beneficiary

This Agreement does not grant, nor does it intend to grant, any rights or actions to persons other than the Users.

Thank you for reading our Terms and Conditions of Use and/or Privacy Policy and for using our Services.

Contracting entity:

LOBBYPMS SAS
NIT 900881345
PHONE +57 301 244 5020
MEDELLÍN, COLOMBIA

Last Updated: 23/6/2026