Business Terms

Security · Subprocessors · Business Terms · Data Processing Agreement · User Terms · Privacy Policy · Legal Notice

1. Parties and scope

These Business Terms govern business use of Naayya, provided by Naayya SARL, 13 rue Dideschpont, L-3622 Kayl, Luxembourg, RCS B293244, VAT LU37127152. They apply when you create a business account or sign an order form, together with the Data Processing Agreement (DPA). They do not govern your customers’ purchases of your services.

2. Your agreement

Your agreement consists of these Business Terms, the DPA and any order form. An order form may set your plan, price, term and any agreed variations, and prevails over these Business Terms where it expressly says so. The DPA prevails on personal-data processing. Mandatory law takes precedence. The version you accepted applies until it is changed under section 13.

3. Services and accounts

We provide the subscribed software and support. You keep ownership of your business data. You are responsible for your authorised users, their credentials and devices, the content you upload and the services you provide to your customers. We keep all rights in the platform and grant you access for your business use during the subscription.

4. Acceptable use

You must not resell or sublicense the platform, copy or reverse engineer it beyond what law allows, use it to build or benchmark a competing product, test its security without our written permission, overload it or access it by unapproved automated means, or use it to send messages or process data unlawfully.

5. Your responsibilities to your customers

You are the seller of your services and set their prices and booking, cancellation, refund and no-show conditions. You are responsible for meeting consumer-law duties to your customers, including information and withdrawal rights where they apply, and, as controller, for giving them privacy information and having a lawful basis for their data, including explicit consent for any health information. You will compensate us for reasonable losses from third-party claims caused by your services, your content or messages you send without the required consent.

6. Fees and payments

Fees and taxes are shown in your plan or order form. Customer payments are processed by Stripe on your behalf; Stripe’s terms apply to your connected account, and processing charges are separate from subscription fees. If an undisputed invoice remains unpaid fourteen days after a reminder, we may suspend access until it is paid. Statutory late-payment interest applies.

7. Support

Report incidents to support@naayya.com or the in-product support channel. Support is available Monday to Friday, 09:00 to 17:00 Luxembourg time, excluding Luxembourg public holidays. For a critical incident, an unplanned failure preventing core booking, payment or client-account access without a reasonable workaround, our target is to start investigating within three support hours and to keep you informed until it is resolved. Other requests receive a response by the end of the next working day. Firm service levels apply only where agreed in an order form.

8. Availability and third-party services

We work to keep the platform available and secure and give reasonable notice of planned maintenance where practicable; urgent security work may require immediate action. Except as stated in the agreement and to the extent permitted by law, the platform is provided without further warranties. Third-party services you connect, such as Stripe, Google or Meta, are governed by their own terms. AI features produce suggestions that may be inaccurate: review them before relying on or sending them.

9. Discovery listings

You may choose to list your business in Naayya’s consumer discovery features and may withdraw the listing at any time. Listed businesses are shown by distance from the user’s location when shared, and otherwise with the most recently listed first. Placement cannot be bought, and Naayya does not offer services that compete with listed businesses. You grant us the right to display your listing content for this purpose.

10. Confidentiality and data

Each party protects the other’s non-public business information and uses it only to perform the agreement or as required by law. Personal-data processing on your instructions is governed by the DPA. You can access and export your business data through the platform during the subscription and as described in section 12. We use your data only to provide the service as set out in the DPA.

11. Liability

To the maximum extent permitted by law, Naayya’s total aggregate liability arising out of the agreement, including the DPA, is limited to the subscription fees you paid in the twelve months before the first event giving rise to the claim. Naayya is not liable for indirect or consequential loss, including loss of profit, revenue, opportunity or goodwill. Nothing limits liability for fraud, wilful misconduct, gross negligence or any other liability that cannot lawfully be limited, or the rights of data subjects and supervisory authorities.

12. Term, suspension, termination and exit

Your plan or order form sets the term and renewal. You may cancel as stated in your plan. We may end the agreement for convenience on thirty days’ written notice with reasons. Either party may terminate for a material breach not remedied within thirty days after written notice. We may restrict or suspend access where necessary for non-payment, unlawful use, a security threat or a legal requirement, and will give you the reasons before or when the measure takes effect, with the opportunity to respond. On request, we provide one standard export of your business data in CSV or JSON without charge; return and deletion follow the DPA.

13. Changes

We will give at least fifteen days’ notice of changes to these Business Terms, or longer where the change requires it. You may terminate before the change takes effect. Changes do not apply retroactively. Shorter notice may apply where required by law or to address an unforeseen security risk.

14. General

The agreement is governed by Luxembourg law, and the courts of Luxembourg City have exclusive jurisdiction, subject to mandatory law. The parties will first try in good faith to resolve disputes through their contacts. Neither party is liable for delays caused by events beyond its reasonable control. You may not assign the agreement without our consent; we may assign it to a successor of our business. If a provision is invalid, the rest remains in effect. Notices may be sent by email to the addresses on the account. Contact: support@naayya.com.