Terms and conditions of use

Section I

Terms and conditions of use Ohmyroom

1. Identity and definitions of the platform

Platform Owner: OhMyRoom is operated by Oh My Room s.r.l., with registered office in 50125 – Florence, Viale Galileo, 32, P. IVA 07480960488, hereinafter the “Owner”. The “Site” or the “Platform” refers to the website www.ohmyroom.shop and its subdomains, web or mobile applications and SaaS services offered.

Platform users: two types of users are distinguished:

Registered User (hereafter also “Host” or “Property Manager”): the professional or short-term rental property manager who has signed an ad hoc contract and creates an account on the Platform (providing first name, last name, e-mail and phone number) to use the Ohmyroom Services.
Unregistered User (hereafter “Guest”): the person who, without registration, accesses content shared by the Host via a link or QR code provided by the Host.

Services: means the features and services offered through the OhMyRoom Platform, as defined in Article 3 below.

Content: means any information, text, images, data or materials placed on the Platform, either by the Owner (e.g., digital guide templates, software, graphics) or by the User (e.g., property descriptions, local tips, extra offers).

These “General Terms of Use and Service” (hereinafter, also simply “General Terms” or “Terms”) govern the contractual relationship between the Owner and the User regarding the use of the Platform and Services. Use of OhMyRoom implies full acceptance of these General Terms. In case of non-acceptance, the User shall refrain from using the Platform and Services.

2. Scope and acceptance of conditions

These General Conditions apply exclusively to the use of the OhMyRoom Platform and related Services provided by the Owner to Users, as defined above. The User is required to comply with the General Conditions as well as any additional instructions, rules or policies posted on the Site (such as, but not limited to, the Privacy Policy and the disclosures in the various sections of the Platform, which are intended to be an integral part of the General Conditions).

The Registered User declares, at the time of registration, to have read and accepted these General Conditions. In particular, the Registered User represents and warrants:

That you have reached the age of majority (18) required by law to validly use the Service. If it appears that you are a minor, the Owner may refuse or cease to provide the Services and terminate your account, pursuant to Art. 2 cc;
That I have read the Privacy Policy regarding the processing of personal data provided, available on the Platform, and give consent where required;
To accept these General Conditions in full;
that all information provided during registration and use of the Platform (personal data, property information, uploaded content, etc.) is true, correct and complete, and undertakes to update it promptly in case of changes;
to indemnify and hold harmless the Owner from any damages, losses, penalties or claims arising from the User’s violation of the rules regarding the registration to the Site, the truthfulness of the information provided and the safekeeping of its access credentials.

The Host’s use of the Platform implies acceptance of the terms of these General Conditions applicable to the nature of its use. The Host, by accessing the content of OhMyRoom, also agrees not to violate these General Conditions and applicable laws.

Applicable Law: These Terms are drafted in accordance with applicable Italian and European legislation regarding electronically provided services, including Legislative Decree No. 70 of April 9, 2003 (implementation of the E-Commerce Directive), Legislative Decree No. 206 of September 6, 2005 (Consumer Code, to the extent applicable if the User is acting as a consumer) and EU Regulation 2016/679 (GDPR) regarding the protection of personal data, in addition to other applicable laws and regulations.

3. Description of the services offered by OhMyRoom

OhMyRoom is a SaaS platform aimed at Property Managers in the short-term rental industry, providing digital tools to enhance the guest experience. Specifically, through the Platform theHost (Registered User) has the opportunity to take advantage of the following main Services:

Creation of Custom Landing Pages: the Host can create for each of its properties an interactive, customized landing page containing useful information for Guests.
Local Suggestions and Activities: the Host can include suggestions about local activities, businesses or places of interest on the landing page.
Affiliate system for the host: OhMyRoom offers an affiliate system through which the host can obtain benefits if they promote the enrollment of new users on the Platform.
Selling Extra Services (Up-selling) to the Guest: the Host can offer the Guest, through the Platform, extra services related to the stay for a fee.

4. Role of the platform and limitation of the role of OhMyRoom.

OhMyRoom provides a technology service that virtually connects the Host and its Guest, as well as the Host and any third-party service providers (as part of affiliate programs or extra services offered). OhMyRoom is not a contractual party to the relationships established between the Host and the Guest and between third-party providers and the Guest. In other words, the Host only provides the IT tool to facilitate communication and any transaction, but does not act as a real estate agent, travel agent, tour operator or party to contracts for the sale of tourism services between the Host, Guest and third parties.

Specifically, the Host and Guest acknowledge and agree that:

Host-Host relationship: all agreements regarding the stay or extra services sold by the Host to the Guest through the Platform constitute direct agreements between the Host and the Guest. OhMyRoom is not a party to such agreements and assumes no responsibility for their execution.
Relationships with Third Party Providers: Similarly, if through the Platform the Guest is referred to a service or activity operated by a third party (e.g., a partner restaurant, a local tour operator, an affiliated car rental service), any booking, purchase, or use of such services is solely between the Guest and the third party provider in question . OhMyRoom does not guarantee nor is it responsible for the quality, safety, legality, truthfulness, or actual delivery of the experiences or services provided by third parties recommended on the landing page.
No Editorial Control over Host Content: The Host, within the limits of ordinary diligence, does not intervene in advance in the creation of content uploaded by the Host on landing pages (such as descriptive text, images, tips, offers). While OhMyRoom may provide guidelines or templates, it does not perform prior approval or thorough checking of such content and is not responsible for its truthfulness, completeness or legality . The responsibility for content posted by the Host remains solely with the Host. However, OhMyRoom reserves the right to remove or obscure content reported as illegal or contrary to these General Terms and Conditions, in accordance with applicable law.
The OhMyRoom Platform allows the Host to propose, publish and sell extra paid services to Guests offered by third-party providers through a special section accessible from the customized landing page. The Host merely provides a technological platform to facilitate the presentation and promotion of such services. It does not engage in any commercial intermediation, nor does it verify the legality, regulatory compliance, quality, actual availability or truthfulness of the information provided regarding the services offered. It therefore remains the sole responsibility of the Host and third-party providers to ensure that they meet the legal, fiscal and administrative requirements necessary for the provision and sale of the extra services offered. The Host disclaims any liability for any damages, violations, disputes, claims or penalties resulting from offers that do not comply with applicable regulations.

5. Host registration and account creation

Full access to the functionality of the OhMyRoom Platform is restricted to Registered Users (Hosts). To register, the User must complete the appropriate online registration form, providing at least the following mandatory data: company name, first name, last name, a valid e-mail address and a telephone number. These contact details (e-mail and telephone) may be used by the Owner for important service communications related to the use of the Platform (e.g., notifications about updates to the Terms, technical information, payment notices, etc.). Additional optional data may be requested to complete the profile or to access advanced features (e.g., business name and VAT number if the Host represents a company, mailing address for billing, profile photo, etc.).

6. Host account functionality and platform usage

Once registered, the ‘ Host (Registered User) can access the OhMyRoom Platform and use the various features made available. Through his or her account, the Host can, for example:

Profile and account data: save, edit and manage your personal and contact data (e.g., email address, phone number) and, if applicable, business data (name, VAT number, billing address). The Host can also manage communication preferences (e.g., newsletter subscription or unsubscription, marketing and profiling consents) in compliance with privacy regulations.
Property and landing page management: enter your property information (e.g., property name, address, description, photo) and generate a landing page for each.
Sharing with guests: for each digital guide, the platform provides a unique link and generates a personalized QR code .
Suggestions and local affiliations: the Host may add to the “Suggestions” section of the digital guide various activities or services offered by third-party providers deemed of interest to the Host.
E-commerce of Extra Services: if provided in the subscribed plan, the Host can enable e-commerce mode to sell extra services offered by Third Party Providers directly through the digital guide.

7. Guest access and conditions for unregistered users

The ‘ Guest (Non-Registered User) accesses the content of the OhMyRoom Platform via a landing page link shared by a Host. Access is usually gained by scanning a QR Code or opening a web link provided by the Host, which directs the Guest to a page dedicated to the facility where they are staying.

The Guest can freely browse the digital guide without having to create a personal account on OhMyRoom. However, the Guest’s access to and use of the guide is subject to meeting certain basic conditions:

The Guest may use the digital guide and its contents solely for personal purposes related to his/her stay at the Host who provided it to him/her. The Host is not allowed to exploit the content for commercial purposes or reuse it outside of this context.
The Guest must refrain from any improper or illegal use of the Platform.
When the Guest interacts with any functionality, additional terms and conditions may apply. OhMyRoom is not responsible for any additional terms and conditions imposed by the Host or third-party providers, but recommends that the Guest read them carefully before agreeing to them.
The Host acknowledges and agrees that the content displayed on the landing page (text, images, tips, offers) is provided by the Host (or third-party providers) and not by OhMyRoom. Although the Host agrees to provide accurate and up-to-date information, OhMyRoom does not guarantee that such information is complete or error-free.

The Guest acknowledges and agrees that the data provided in any purchase of extra services offered on the platform by Third Party Providers will be shared with them for the purposes of the purchased service (e.g., tax receipt).

Access as a Guest does not entail any payment to OhMyRoom (use is free for the end user), nor does it entail the direct use of a commercial service by OhMyRoom to the Guest. Therefore, the latter does not have the status of a “consumer” vis-à-vis OhMyRoom, as there is no contract for the sale of services between the Guest and the Host; the Guest’s rights as a consumer vis-à-vis the Host or any third-party providers for services purchased by them remain unaffected.

8. Rates, subscription plans and payment methods

Currently, access to and use of the OhMyRoom Platform are offered for a fee to the Host through special ad hoc conditions, but free of charge to the Guest.

The Holder reserves the right to introduce paid subscription plans for the Host directly on the Platform in the future.

9. Intellectual Property Rights

The Owner is the legitimate owner of the Site, its component pages, information or elements contained in the texts, documents, photographs, drawings, graphics, databases, software, logos, trademarks, trade names or other signs protected by intellectual or industrial property rights.

Unless expressly authorized by the Owner or third party holder of the relevant rights, or unless legally authorized, the User shall not reproduce, transform, modify, reverse engineer, distribute, rent, make available to anyone or allow access through any form of public communication to any of the items mentioned in the preceding paragraph.

10. User obligations and prohibited conduct

The User, whether Host or Guest, agrees to use the OhMyRoom Platform and its Services lawfully, diligently, and in accordance with these Terms and Conditions . In particular, the User is prohibited from using OhMyRoom (the Site, account, digital guides, and any related functionality) for illegal purposes or for purposes other than those intended. By way of example and not limitation, the User shall not :

Insert, share, disseminate or publish:

content of a racist, xenophobic, obscene, or disparaging nature (e.g., ads that allude to the geographic origin or nationality of individuals potentially interested in a property or that include insults and/or swearing of any kind);

content that incites criminal, terrorist, violent, or defamatory behavior based on age, gender, religious belief, or any other type (e.g., ads that allude to preferences regarding the sexual orientation, age, or religion of individuals potentially interested in a property);

content that could be considered harmful to the fundamental rights of third parties in any form;

information that constitutes illegal or unfair advertising (e.g., ads containing fictitious prices or misleading or offensive comments about competitors);

false, inaccurate, or fraudulent content that could mislead recipients of such information (e.g., “bait” ads or ads containing misleading descriptions or false property-related characteristics).

Use the Site for illegal purposes or for resale, transfer or assignment for the use or benefit of any other person or entity.
Cause damage to the Site’s or third parties’ computer systems, nor introduce or spread computer viruses or other types of malicious software or systems that may cause damage to computer systems.
Committing acts that assume injury to our intellectual property rights and/or damage to the reputation of the Site or third parties.
Use a third party Registered User’s identity and/or login passwords without their consent.
Access, monitor or copy any information included on the Site using any type of robot, spider, scraper or other automatic or manual means for this purpose without our prior written consent.
Violate restrictions made known by the robot exclusion notices included on this Site, as well as circumvent other measures used to restrict access to this Site.
Take any action that imposes or may impose, in our judgment, an unreasonable or disproportionately large load on our infrastructure;
Create a link to any content on the Site for any purpose and without our written consent.
Replicate, mirror or in any way incorporate any content from the Site into any other site without our prior written permission.

11. Contract Duration, Termination and Account Suspension.

These Terms and Conditions shall be deemed to be accepted by the User at the time of use of the Platform (for the Guest) and at the time of registration (for the Host) and shall remain in force and effect until the termination of the relationship as provided herein.

Duration for the Host: The contract between the Owner and the Host is for an indefinite period, it being understood that the use of specific Services is bound to the validity of the chosen subscription, which in any case is regulated by ad hoc contract. The Host may withdraw from these Terms at any time by requesting the cancellation of its account and ceasing to use the Platform. The request for account cancellation can be made through the appropriate functions in the private area (if available) or by contacting OhMyRoom support in writing. Host’s cancellation does not entitle the Host to any refund for unused subscription periods, except as may be provided in Article 8 and unless the Host is a consumer who exercises the right of cancellation within the initial 14 days.

Suspension or termination by the Owner (Host): The Owner reserves the right to temporarily suspend the Host’s access to the Platform or to permanently deactivate/close the Host’s account in the following cases:

Violation of the Conditions: in case of serious or repeated violation by the Host of any of the obligations under these General Conditions (see Article 10 for prohibited conduct) or legal provisions. Suspension/termination may take place with immediate effect, without prior notice, if the violation is such that the relationship cannot be continued even temporarily. In other, less serious cases, the Owner may send a warning to the Host, setting a deadline to remedy the violation (if it can be remedied) and warning him/her of the possible consequences.
Non-payment: in case of non-payment of the subscription fee due. If the Host persists in not paying what is due, the Holder may terminate the account for default.
Prolonged Inactivity: The Host reserves the right to deactivate registered accounts that are inactive for a long period (e.g., 12 consecutive months) and that have no active subscription, upon notification by e-mail to the Host at the last known address. The Host, upon receipt of the notice, may avoid termination by logging in or expressing a desire to keep the account active.
Authority Order or Legal Obligation: where an order from a Competent Authority (e.g., court order) requires the Host to deactivate an account or remove certain content, or where it is necessary to comply with legal obligations, the Host may act accordingly. In such cases, the Host will be notified where possible, unless prohibited by law.
Termination of Service: in the event that OhMyRoom s.r.l. decides to permanently cease providing the OhMyRoom Platform (termination of service), it will give Hosts reasonable prior written notice, unless force majeure prevents such notice.

12. Processing of personal data (Privacy) and cookies

By accessing the Site, we may process your personal data. You can obtain detailed information about the type and purpose of the processing of your data by consulting our Privacy Policy .

We also inform you that we may use “cookies” when you browse our web pages. You can get detailed information about our use of “cookies” by consulting our Cookie Policy .

You expressly agree that the Owner is free to read any messages sent between Users. The Owner may read such messages to improve the User experience, resolve conflicts between Users, or for other reasons deemed appropriate by the Owner.

Section II
Terms and conditions of use of Third Party Providers offering services on the Ohmyroom Platform.

WellnessFlorence: Terms and Conditions