KonukKonuk

Terms of Service

Last updated: March 29, 2026

These Terms of Service ("Terms") govern your access to and use of the Konuk platform (the "Service") provided by Konuk ("we," "us," or "our"). By accessing or using the Service, you ("Customer," "you," or "your") agree to be bound by these Terms. If you are using the Service on behalf of a hotel, property, or organization, you represent that you have the authority to bind that entity to these Terms.

1. Account Registration

  • You must provide accurate, complete information when creating an account.
  • You are responsible for maintaining the security of your account credentials and for all activity under your account.
  • You must be at least 18 years old and authorized to act on behalf of the hotel or business you represent.
  • One account per hotel property; multi-property accounts are available on Enterprise plans.
  • You are responsible for ensuring all authorized users (staff members) comply with these Terms.

2. Subscription and Billing

Plans and Pricing

We offer the following subscription tiers: Growth ($99/month or $79/month billed annually) and Professional ($209/month or $179/month billed annually). Enterprise plans are available with custom per-room pricing. All prices are in US Dollars. Current pricing is always available at konuk.us/pricing.

Message Usage

  • Growth includes 250 SMS messages per billing period.
  • Professional includes 750 messages (SMS and WhatsApp combined) per billing period.
  • Messages exceeding the included amount are billed per channel at cost: $0.01 per SMS and $0.02 per WhatsApp message.
  • Overage charges are added to your next invoice automatically.
  • Email messages sent through the platform are unlimited and not counted toward your message bucket.

Add-Ons

  • OTA Inbox: Available as an add-on at $39/month ($29/month on annual billing) for Growth and Professional plans. Included at no additional cost on Enterprise plans.
  • Add-ons can be activated or deactivated at any time from your account settings.

Payment

  • All fees are non-refundable except as required by applicable law.
  • Payments are processed securely by Stripe. Applicable taxes are calculated and collected automatically.
  • Subscription fees are billed in advance on a monthly or annual basis.
  • Message overage fees are billed in arrears at the end of each billing period.
  • Failed payments may result in service suspension after a 7-day grace period.

Upgrades, Downgrades, and Cancellation

  • Upgrades take effect immediately with prorated billing for the remainder of the current period.
  • Downgrades take effect at the end of the current billing period. You retain your current plan features until then.
  • You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period. No partial refunds are provided for unused time.
  • Annual subscriptions may be canceled at any time but are non-refundable for the remaining term.

3. Acceptable Use Policy

You agree to use the Service only for lawful purposes in connection with legitimate hotel guest communications. You must not:

  • Send unsolicited, bulk, or spam messages to any person
  • Send marketing or promotional SMS messages without prior express written consent from the recipient as required by the Telephone Consumer Protection Act (TCPA) and applicable state laws
  • Send messages to any person who has opted out or requested to stop receiving messages
  • Send messages to numbers on any applicable Do Not Call registry
  • Use the Service to harass, threaten, defame, or mislead any person
  • Send false, deceptive, or misleading message content
  • Use the Service for any purpose other than hotel guest communication and operations
  • Attempt to gain unauthorized access to other accounts, our systems, or third-party systems connected to the Service
  • Reverse engineer, decompile, or disassemble any part of the Service
  • Upload malicious content, viruses, or harmful code
  • Resell, sublicense, or redistribute the Service without our written consent
  • Use the Service in violation of any applicable law or regulation, including but not limited to TCPA, CAN-SPAM, GDPR, CCPA, or similar messaging, telecommunications, and privacy laws

Enforcement

We reserve the right to monitor message sending patterns for compliance. If we detect patterns consistent with unsolicited messaging, excessive opt-out rates (exceeding 5% of recipients), or other Acceptable Use violations, we may suspend your messaging capabilities or terminate your account with notice. We may report suspected illegal activity to the appropriate authorities.

4. Telecommunications Compliance (TCPA, CTIA, CAN-SPAM)

Your Responsibilities as the Sender

You are the "sender" of all messages transmitted through the Service. The Service is a communications platform — we provide the tools, and you determine the recipients, content, and timing of all messages. As such:

  • Prior Express Consent (Transactional SMS): You must obtain prior express consent from each guest before sending transactional SMS messages (booking confirmations, check-in instructions, stay-related information).
  • Prior Express Written Consent (Marketing SMS): You must obtain prior express written consent from each guest before sending any marketing, promotional, or broadcast SMS messages. This consent must be documented and retained.
  • WhatsApp Consent: For WhatsApp messages, you must comply with Meta's Business Messaging policies, including obtaining opt-in consent and using approved message templates for outbound communications outside the 24-hour session window.
  • Email Consent: You must comply with the CAN-SPAM Act for all email communications, including providing a functioning unsubscribe mechanism and honoring opt-out requests within 10 business days.
  • Opt-Out Handling: You must honor all opt-out requests immediately. Our platform automatically processes STOP, UNSUBSCRIBE, CANCEL, END, QUIT, and STOPALL keywords for SMS. You must not send messages to any person who has opted out.
  • Consent Records: You must maintain records of consent for each guest, including when and how consent was obtained. You must make these records available to us upon request in connection with any compliance investigation.

Our Platform Safeguards

We provide the following compliance tools, but their availability does not transfer your compliance obligations to us:

  • Automatic STOP/START keyword processing for SMS
  • Consent status tracking per guest (opted-in, opted-out, pending)
  • Separate marketing consent tracking for broadcast campaigns
  • Blocking of messages to opted-out guests
  • Immutable audit trail of all messages sent, delivered, and blocked
  • Guest journey automation via WhatsApp and email only (SMS is not available for automated journeys to reduce TCPA risk)

Automated Guest Journeys

Guest journey automation (pre-arrival, check-in, mid-stay, post-checkout sequences) is delivered via WhatsApp and email only. Automated SMS is not supported for journey messages. This design decision reduces regulatory risk but does not eliminate your obligation to obtain appropriate consent for WhatsApp and email communications.

5. AI Features

  • AI-generated reply suggestions are drafts intended for human review before sending.
  • You are responsible for reviewing and approving all AI-generated content before it reaches guests.
  • Template-based automations (pre-arrival, checkout) that you configure may send without per-message review, but you are solely responsible for the template content and ensuring it complies with applicable laws.
  • We do not guarantee the accuracy, appropriateness, or completeness of AI-generated content.
  • We do not use your data to train our AI models. Your data remains isolated to your account.

6. PMS and Third-Party Integrations

  • We access your PMS data only with your explicit authorization and solely to provide the Service.
  • You are responsible for compliance with your PMS vendor's terms of service.
  • You authorize us to access, retrieve, and process guest data from your PMS on your behalf.
  • We are not responsible for the accuracy or completeness of data provided by your PMS or any third-party integration.
  • Third-party integrations (OTA inbox, PMS sync) may be subject to the third party's own terms and availability. We are not liable for downtime or changes to third-party services.

7. Data Ownership and Processing

  • Your Data: You retain all rights to your hotel data, guest data, and communication content. We do not claim ownership of your data.
  • Data Controller / Processor: You are the data controller. We act as a data processor, processing guest personal data solely on your behalf and under your instructions. Our Data Processing Agreement governs this relationship.
  • License to Us: You grant us a limited, non-exclusive license to process your data solely to provide and improve the Service.
  • Our Property: The Service, its design, code, algorithms, and documentation are our intellectual property. These Terms do not grant you any rights to our trademarks or branding.

8. Data Export, Retention, and Deletion

  • You may export your data at any time from your dashboard or by contacting us.
  • Upon account cancellation, we retain your data for 30 days to allow for reactivation or export, after which it is permanently deleted.
  • SMS opt-out records are retained indefinitely as required for TCPA compliance, even after account deletion.
  • Audit logs are retained for 12 months after account termination for legal and compliance purposes.

9. Service Availability

  • We target 99.9% uptime but do not guarantee uninterrupted availability.
  • We may perform scheduled maintenance with reasonable advance notice.
  • We are not liable for downtime, delays, or failures caused by third-party service providers, carrier networks, internet service disruptions, or force majeure events.
  • SMS and WhatsApp message delivery depends on carrier networks and recipient devices. We do not guarantee delivery of any individual message.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CONCIERGE AI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICE, REGARDLESS OF THE CAUSE OF ACTION OR THEORY OF LIABILITY.

OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE LESSER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) THE FEES PAID UNDER THE APPLICABLE SUBSCRIPTION TERM.

THIS LIMITATION APPLIES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

11. Indemnification

You agree to indemnify, defend, and hold harmless Konuk, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

  • Your use of the Service, including all messages sent through the platform
  • Your violation of these Terms, including the Acceptable Use Policy
  • Your violation of any applicable law or regulation, including but not limited to the TCPA, CAN-SPAM Act, GDPR, CCPA, or any state or local telecommunications, privacy, or consumer protection law
  • Any claim by a third party (including hotel guests) arising from messages you sent or authorized through the Service
  • Any regulatory fine, penalty, or enforcement action related to your messaging practices
  • Your failure to obtain or maintain required consents for guest communications
  • Content you create, upload, or transmit through the Service, including AI-assisted content you approved and sent

This indemnification obligation survives the termination or expiration of these Terms and your use of the Service.

12. Suspension and Termination

  • We may suspend your account immediately if we reasonably believe you are violating the Acceptable Use Policy, particularly regarding unsolicited messaging or TCPA violations.
  • We may suspend or terminate your account for any material breach of these Terms after providing 5 days written notice and an opportunity to cure (except for Acceptable Use violations, which may result in immediate suspension).
  • We may terminate accounts that remain inactive for more than 12 months.
  • Upon termination, your right to use the Service ceases immediately.
  • Sections regarding liability, indemnification, intellectual property, data retention, and governing law survive termination.

13. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY MESSAGES WILL BE DELIVERED SUCCESSFULLY.

14. Changes to Terms

We may update these Terms from time to time. We will provide at least 30 days notice for material changes via email or in-app notification. Continued use of the Service after changes take effect constitutes acceptance. If you do not agree to the updated Terms, you must stop using the Service and cancel your subscription.

15. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles. Any disputes arising from these Terms or the Service shall be resolved exclusively in the state or federal courts located in Delaware. You consent to the personal jurisdiction of such courts.

16. General

  • Entire Agreement: These Terms, together with our Privacy Policy, Data Processing Agreement, and any Order Form, constitute the entire agreement between you and Konuk.
  • Severability: If any provision of these Terms is found unenforceable, the remaining provisions remain in full force and effect.
  • Waiver: Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.
  • Assignment: You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of our assets.
  • Force Majeure: Neither party is liable for failure to perform due to causes beyond its reasonable control, including natural disasters, war, terrorism, pandemics, government actions, or internet/telecommunications failures.

17. Contact

For questions about these Terms, contact us at legal@konuk.us or hello@konuk.us.