General Terms and Conditions (GTC)

1. Preamble

Who’sMyGuest Ltd. (hereinafter “Who’sMyGuest”, “we” or “us”), a company incorporated under the laws of the Republic of Cyprus (Greek side), provides a software-as-a-service (SaaS) platform via the website https://whoismyguest.com that allows hotels and similar accommodation businesses (“Customers”) to enrich guest data through publicly available information using artificial intelligence (AI) technologies.

These General Terms and Conditions (“GTC”) govern the contractual relationship between Who’sMyGuest and the Customer. Any conflicting or deviating general terms and conditions of the Customer are hereby expressly rejected unless otherwise agreed in writing.

2. Subject Matter of the Contract

The service consists of a SaaS platform that allows the Customer to:

Create an account and subscribe to a plan.
Upload files (e.g., Excel spreadsheets) containing guest information such as names, nationalities, and email addresses.
Enrich this data via automated AI-powered research tools (including, but not limited to, services like ChatGPT, Perplexity and Google) to retrieve publicly available details about guests, such as:
- Publicly accessible biographies or summaries.
- Public profile pictures.
- Evaluation of public interest relevance (score 1–10).
- Evaluation of social media influence (score 1–10).
- Links to social media profiles and follower counts.
- Individualized guest preferences, family data, interests, or upcoming events.
- Recommendations for guest-specific personalization.

The enrichment is based solely on publicly available sources and is processed automatically. The platform is provided exclusively via the internet as a SaaS solution.

3. Conclusion of Contract

The contract is concluded when the Customer:

Registers an account on https://whoismyguest.com;
Chooses a payment plan (monthly, quarterly, or yearly);
Provides billing information (via Stripe);
Explicitly agrees to these GTC (e.g., by clicking a checkbox);
Separately agrees to the Data Processing Agreement (DPA).

Upon successful registration, access credentials will be issued. Test accounts may be offered to try the platform’s functionality and can be deactivated at any time by Who’sMyGuest.

4. Scope of Services

The scope of services depends on the selected subscription package. Customers purchase “credits” which are used to access platform functions. Credit limits vary by package. Additional credits can be purchased or plans can be upgraded.

We reserve the right to improve or modify the features of the service, provided this does not materially impair the functionality promised at the time of contract conclusion.

Customers may request a structured, commonly used, and machine-readable export of their uploaded and enriched data at any time.

5. Data Protection & Privacy

Who’sMyGuest acts as a data processor under the General Data Protection Regulation (GDPR) and similar applicable legislation. Customers are the data controllers responsible for lawful data submission.

Customers must ensure they have a valid legal basis under GDPR Art. 6 to upload personal data (e.g., legitimate interest, contract performance).
Customers are obliged to conclude a separate Data Processing Agreement (DPA) with Who’sMyGuest.
Uploaded data is processed and enriched using publicly available sources only. No scraping or unauthorized access to private databases is performed.
Sub-processors include services such as OpenAI, Stripe, and Hetzner (infrastructure and application hosting provider).

Who’sMyGuest maintains technical and organizational measures in line with Art. 32 GDPR to protect personal data.

6. Customer Responsibilities

The Customer is responsible for:

Uploading only data for which they have lawful grounds under GDPR.
Ensuring that guest records are accurate and current.
Informing their guests, where necessary, about data enrichment practices.
Avoiding the upload of special categories of data (e.g. religion, health) unless legally justified.
Implementing any additional legal notices, privacy policies, or consent mechanisms required on their side.

If Who’sMyGuest becomes aware of illegal data use or processing instructions, we may suspend or terminate access immediately.

7. Payment Terms

Payment is due in advance for the selected subscription term (monthly, quarterly, yearly).

Payment is handled via Stripe. Invoices are generated automatically and accessible from the user account.

Subscriptions auto-renew unless canceled before the next billing cycle.

Customers may buy one-time credits in addition to their subscription.

Pricing and plan features are published on https://whoismyguest.com and may be updated periodically.

Who’sMyGuest reserves the right to suspend service if a Customer is in arrears.

8. Intellectual Property

All rights to the software, platform, designs, content, and algorithms remain with Who’sMyGuest or its licensors. The Customer is granted a non-exclusive, non-transferable, non-sublicensable license to use the platform for its internal business purposes.

Reverse engineering, resale, distribution, or external publication of enriched guest data without authorization is strictly prohibited.

Customers agree that any suggestions, improvements, or feedback submitted to Who’sMyGuest may be used to enhance or improve the platform and related services, without any obligation to compensate the Customer.

All intellectual property rights arising from such feedback or improvements shall be the exclusive property of Who’sMyGuest. The Customer hereby assigns, and agrees to assign, all rights, title, and interest in such contributions to Who’sMyGuest.

9. Availability and Support

The SaaS platform is available 24/7 with a target availability of 95% annually, excluding planned maintenance or force majeure.

Support is provided via email ([email protected]) Monday to Friday, 9 AM to 5 PM EET, excluding Cypriot public holidays. Support includes help with setup, settings, and troubleshooting.

10. Accuracy and Use of AI Data

The Customer acknowledges that the data generated by AI-based enrichment may not always be fully accurate or up to date. Customers are responsible for verifying any output before relying on it for decision-making or communication with guests.

11. Termination

Subscriptions can be canceled at any time effective at the end of the current billing cycle.

Who’sMyGuest may terminate accounts for cause with immediate effect.

Upon termination, access will be revoked. Data may be deleted after a 30-day grace period. Customers may export their data during this period.

Data from inactive test accounts may be deleted without notice after prior warning.

Who’sMyGuest reserves the right to modify, suspend, or discontinue the service at any time, in whole or in part, with notice. In such cases, efforts will be made to notify Customers in advance and provide data export options where feasible.

12. Changes to the GTC

We may update these GTC for valid reasons (e.g., legal changes, technical adjustments). Customers will be notified at least 14 days in advance. Continued use of the service after changes implies acceptance. If the Customer objects, either party may terminate the contract.

13. Governing Law and Jurisdiction

These GTC are governed by the laws of the Republic of Cyprus, under exclusion of the UN Convention on Contracts for the International Sale of Goods.

Disputes shall be subject to the exclusive jurisdiction of the competent courts in Nicosia, Cyprus.

14. Severability Clause

If any provision of these GTC is or becomes invalid, the remaining provisions shall remain unaffected. An invalid provision shall be replaced by a legally valid clause closest to the original intent.

15. Customer-Side Privacy Compliance

Customers must:

Ensure compliance with GDPR Art. 13/14 (transparency) if data subjects are not directly informed.
Maintain a public privacy notice explaining use of enrichment tools.
Conduct their own data protection impact assessments (DPIAs) if required.
Keep internal records of processing (Art. 30 GDPR) including Who’sMyGuest as processor.

For any questions, contact us at [email protected].

Who’sMyGuest Ltd.

Nicosia, Cyprus