Terms and Conditions (“T&C”) for the Use of the BnBControl Platform

1. GENERAL

1. UniStar.BG Ltd., headquartered at 19 Han Krum Street, Gotse Delchev, 2900, Bulgaria, is a software-as-a-service provider offering a platform named BnBControl for the centralized management of short-term accommodations, particularly holiday homes or vacation rentals, accessible via a web domain and as an app (“Platform”). The Platform, including all updates, enhancements, new features, and any additions of web functionalities, is governed by these Terms and Conditions (T&C).

BnBControl, the platform developed by UniStar.BG Ltd., is currently in the advanced stages of development. As a comprehensive software solution designed for the centralized management of short-term accommodations, such as holiday homes and vacation rentals, it promises to offer cutting-edge features for property owners and managers. Although the core functionality is being fine-tuned, the platform is still under construction, with ongoing efforts focused on testing, enhancements, and integrating additional features to ensure a seamless, user-friendly experience. UniStar.BG Ltd. is committed to launching a robust and secure platform that will meet the evolving needs of its users once development is complete.

2. The platform offers integrations with third-party tools (“Integrations”). End users of the platform (“Users”) are required to enter into direct contractual agreements with these third-party providers or purchase integrations directly through BnBControl, under the separate terms and invoicing provided by the third-party vendors.

3. The use of the platform is strictly governed by these Terms and Conditions (T&C) as they apply at the time of access. The latest version can always be viewed on the platform.

4. The platform must not be used for any improper or fraudulent purposes.

5. These T&C apply to all Users, whether they are individuals, legal entities, or partnerships acting with entrepreneurial capacity. Users include property owners acting on their own behalf, as well as accommodation providers, agencies, employees, or vendors operating on behalf of property owners.

6. BnBControl reserves the right to exclude Users from using the Platform in certain cases, particularly if the User:

  • contravenes any of the terms outlined above;
  • uses automated systems or software to extract data from the Platform (commonly known as screen scraping), for either commercial or non-commercial purposes;
  • circumvents existing restrictions in robot-exclusion headers or other measures that limit or prevent access to the Platform;
  • uses a device, software, or program that disrupts or attempts to disrupt the normal functioning of the Platform;
  • engages in actions that place undue strain on BnBControl’s servers, computers, or network;
  • fails to make payments as outlined in the payment section; or
  • uses the Platform beyond the agreed or customary scope of the contract.

2. BnBControl’s Services

1. The core functionality of the BnBControl Platform is to facilitate calendar and price synchronization across various distribution channels for short-term accommodations connected to the Platform, including hosting such data (“Core Features”). Additional features may also be provided and subject to separate terms, which can be reviewed on the Platform.

2. BnBControl does not guarantee uninterrupted availability of the Platform. The annual average uptime is 98%. Technical maintenance may occur at any time, usually outside regular business hours and as necessary, during which access to the Platform may be limited or unavailable. Users are not entitled to compensation for any downtime or restricted access during these periods. Where feasible, BnBControl will notify Users in advance of significant maintenance affecting the Platform’s availability.

3. In case of malfunctions or errors, BnBControl will make commercially reasonable efforts to restore the Platform to its standard environment, provided the issues are clearly reported by the User with sufficient detail. BnBControl reserves the right to determine the urgency of such notifications, and its customer service team is available during regular business hours to address these concerns.

4. The Platform may offer Beta Services, clearly marked as such, which may not function as described. BnBControl may improve or withdraw Beta Services at its discretion, with advance notice provided where possible. Beta Services are not guaranteed to be error-free, reliable, or fully functional.

5. Third-party tools may be integrated into the Platform. While BnBControl will make reasonable efforts to support these integrations, it bears no liability for any issues, damages, or losses arising from them, nor does it guarantee the compatibility, reliability, or performance of any integration.

6. BnBControl accepts no liability for content external to the Platform, including websites linked within the Platform.

7. BnBControl will provide Users with access to the Platform as per section 3 of the Terms. Subscription options (“Subscription”) are available, and features may vary depending on the chosen Subscription plan, as outlined on the Platform.

3. Rights and Obligations of Users

1. BnBControl grants Users a limited, non-exclusive, non-transferable global license, for the duration of the Agreement, to access the Platform within the software-as-a-service scope, in accordance with these T&C and their Subscription.

2. The User guarantees that they have the authority to enter into this legal agreement (“Agreement”) and have read, understood, and accepted the applicable T&C, including for any applicable Assistant Account Users (defined below), whose use of the Platform is also subject to this Agreement. The User warrants that all data provided to BnBControl is accurate and up-to-date at all times. BnBControl reserves the right, at its sole discretion, to verify the integrity, accuracy, and completeness of the User’s data through manual or technical checks, which may be carried out by external service providers or through self-disclosure (e.g., answering a questionnaire), at the User’s expense.

3. Users must comply with all applicable laws, regulations, and industry standards, including but not limited to, anti-corruption, antitrust, data protection, anti-money laundering, child labor laws, terrorism prevention, export controls, tourism regulations, and health, safety, security, and environmental requirements. If legally required or due to regulatory demands, Users must fully cooperate with BnBControl and provide any necessary information, including for their representatives and subcontractors.

4. Users are provided with individual access to the Platform (“User Access”), which is secured through the use of a username and password. Users must select a secure and appropriate username (email address) and create a password that adheres to current technical and security best practices. The password must be kept confidential at all times.

5. The User is responsible for maintaining the confidentiality of their User Access and for all activities carried out by, or on behalf of, the User.

6. If the User becomes aware of any suspicious or unauthorized access or use of the Platform, they must immediately inform BnBControl and take all necessary security measures to protect their User Access. Additionally, the User must notify BnBControl without delay if they detect any issues or unusual behavior related to the Platform.

7. Users are prohibited from engaging in the following activities:

  • Reverse Engineering: Users shall not attempt to reverse engineer, decompile, disassemble, or derive the source code, underlying algorithms, or structure of the Platform, either in whole or in part.
  • Introducing Malicious Code: Users shall not upload, transmit, or distribute any viruses, worms, trojan horses, malware, or other harmful or malicious code that could disrupt, damage, or impair the functionality, security, or integrity of the Platform.
  • Copying and Reproduction: Users shall not copy, reproduce, modify, distribute, display, perform, or create derivative works based on the Platform or any portion thereof.

8. Users must treat their User Access and all data stored on the Platform as Confidential Information. If a User culpably breaches these obligations, they are responsible for any resulting damages.

9. Users are entirely responsible for any and all activities that occur under their account. BnBControl will not be liable for any losses Users may incur due to unauthorized access resulting from their failure to comply with these T&C. Additionally, Users may be held liable for any losses incurred by BnBControl or third parties due to their non-compliance.

10. BnBControl’s Platform is accessible and usable via the internet. Users are responsible for providing the necessary internet hardware, network connection, and ensuring adequate speed, as well as for maintaining the appropriate security settings on their computer systems and compatibility with the Platform.

11. Users are also responsible for the correct entry, accurate maintenance, and regular backup of any data and information required to use the Platform. The provisions under the heading “Liability and Indemnification” remain unaffected by this section.

12. The User grants BnBControl permission to use their name for research, customer references, marketing, advertising, and promotional purposes until revoked by the User. A simple email notification will suffice for revocation, which may include communications to Users as part of these efforts.

4. Intellectual Property

1. BnBControl is the sole and exclusive owner of all intellectual property rights, including but not limited to copyrights, patent rights, trade secrets, and trademarks, developed and provided in accordance with these Terms and Conditions (T&C).

2. Users shall not upload or otherwise provide any content to the Platform or use the Platform in any manner that breaches any laws, infringes upon any organization’s or individual’s rights, or contravenes any applicable laws and/or regulations.

6. Billing and Payment

1. Users are required to pay the applicable fees (“Fees”) as specified on the Platform for each Subscription. Unless stated otherwise, (i) payment obligations are non-cancellable, (ii) Fees are non-refundable, (iii) all Fees must be paid in advance, including both initial Subscriptions and renewals, and (iv) all Fees are subject to the applicable statutory value-added tax (VAT).

2. BnBControl may provide Users with a free trial license of the Platform for a limited period, the duration of which is at BnBControl’s sole discretion (“Test Phase” or “Free Trial”). The Test Phase is intended solely for testing the Platform in a limited test environment, which may differ from the full version subject to a fee; otherwise, the rights of use granted in these T&C shall apply. Following the conclusion of the Test Phase, Users will be obligated to pay Fees to continue using the Platform.

3. In the event of late payment of Fees, BnBControl is entitled to:
Suspend access to the Platform; however, BnBControl’s claim to the contractually agreed Fees remains unaffected.

4. If automatic billing fails for any reason, BnBControl will issue an electronic invoice notifying the User to make a manual payment by a specified deadline, corresponding to the billing period indicated on the invoice.

7. Term and Termination

1. Unless otherwise agreed in writing, this Agreement may be terminated by either party with one month’s written notice; an email will suffice. Subscriptions will automatically renew for subsequent terms (of the same duration and Fees as the initial Subscription) unless terminated in accordance with this clause or if the Subscription is no longer offered by BnBControl. The right to extraordinary termination of the Agreement for good cause remains unaffected.

2. BnBControl may terminate this Agreement immediately with written notice if the User:
Materially breaches these T&C; or
Fails to pay any Fees due 30 days after the payment becomes due.

3. Upon termination of a Subscription, BnBControl may, at its sole discretion, provide the User with access to an alternative Subscription.

4. Upon termination of the Agreement, the User may download its data from the Platform for an additional period of up to 30 days after the termination date.

5. Clauses 5 (4), 6, 7, and 9 shall survive the termination of this Agreement.

8. Data Protection

1. Both parties shall comply with all applicable laws, including but not limited to REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 (the “GDPR”) and the Federal Data Protection Act (the “BDSG”). Each party shall provide the other party with any cooperation reasonably requested to enable the other party’s compliance with this clause.

2. BnBControl is a Processor (as defined by the GDPR) for any guest’s personal data uploaded to the Platform by or processed on behalf of a User. A User shall ensure and is solely responsible for making all necessary and statutory data protection disclosures to data subjects regarding the use of the BnBControl Platform.

9. Confidentiality

1. “Confidential Information” means any information disclosed by or relating to a party, including information about a party’s business operations, products, or trade secrets, which is either marked as confidential or which a reasonable person would regard as confidential.

2. Either party may share Confidential Information with its Group Companies. “Group Companies” refers to any holding company or subsidiary of a party or any of its holding companies. A company is a subsidiary of another company, its holding company, if that other company (i) holds a majority of the voting rights in it, (ii) is a member of it and has the right to appoint or remove a majority of its directors, or (iii) controls alone a majority of the voting rights in it.

3. Except as outlined in these T&C, neither party will disclose Confidential Information, which shall be kept confidential.

4. The obligation in clause (3) above shall not apply to Confidential Information to the extent that it:
Is in the public domain (other than as a result of a breach of these T&C);
Can be demonstrated as having been independently developed by the receiving party; or
Is required to be disclosed by law or court order.

5. Both parties may disclose Confidential Information to their employees, agents, professional advisors, or contractors on a need-to-know basis, provided that such individuals are bound by confidentiality obligations at least as restrictive as those outlined in these T&C.

6. BnBControl reserves the right to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process, or governmental or regulatory request.

10. Final Provisions

1. This Agreement is subject to the substantive law of the Republic of Bulgaria, excluding the UN Convention on Contracts for the International Sale of Goods.

2. If the User does not have a general place of jurisdiction in Bulgaria, the parties agree that the place of jurisdiction for all disputes arising from this contractual relationship shall be the registered office of BnBControl.

3. Without prior written consent from BnBControl, the User may not assign, transfer, novate, or sub-license any rights or obligations, whether in totality or in part, to a third party unless otherwise agreed. However, each party may assign the rights and obligations under these T&C to the surviving entity in connection with a merger, reorganization, consolidation, change in control, or sale of basically all of its assets, provided that the surviving entity is not a direct competitor, and the other party and assignee agree in writing to be bound by these T&C.

4. If any individual provisions in these T&C become null or void, the remaining provisions shall remain in effect. The parties shall agree on an appropriate provision that closely reflects the original intent of the parties and corresponds to what would have been agreed upon in accordance with the purpose and intention of these T&C if the matter had been considered earlier.

5. In the event of a “Force Majeure” that prevents BnBControl from providing the Platform, BnBControl shall be released from its obligation to perform for the duration of the Force Majeure and an additional reasonable period for the resumption of the Platform. In this case, deadlines shall be postponed by the aforementioned period. Force Majeure events include, but are not limited to, fire, explosion, flood, war, blockade, embargo, labor disputes, pandemics, and official measures related to these events for which BnBControl is not responsible. Claims for damages are excluded in this case. BnBControl is also not responsible for the functionality and availability of third-party services and other third-party components that the User maintains or obtains via third parties, particularly the booking portals in the distribution network (connected online travel agents).

6. BnBControl is authorized to amend these T&C at its sole discretion, with reasonable notice provided. Existing Users will be notified by email before any changes take effect. If an existing User does not object within the deadline specified in the notification of change, their consent to the change shall be deemed granted. If the User objects, the changes shall not take effect; in this case, BnBControl shall be entitled to terminate the Agreement extraordinarily at the time the change comes into effect. The notification will refer to the intended amendment to these T&C, the deadline, and the consequences of an objection or failure to object.

7. BnBControl reserves the right to collect and statistically analyze data regarding Features and how Users interact with and use the Platform for quality assurance and further development of BnBControl’s Platform and Features.

8. Adjustments may occur due to changes in the services offered by distribution networks (particularly OTA – Cloud-based Online Travel Agencies) that can be unilaterally enforced against BnBControl based on applicable contractual conditions. BnBControl reserves the right to replace the system requirements with others. In cases of significant influence from such changes, BnBControl shall inform the User in advance, in writing, using all available information and knowledge with the usual care. Significant influence is determined when functionalities are omitted or are significantly restricted, thereby requiring considerable additional organizational effort from the User and necessitating professional or technical changes.

11. Contact Information

For any questions, comments, or concerns regarding these Terms and Conditions or the BnBControl Platform, please contact UniStar.BG Ltd. at the following address:

UniStar.BG Ltd.
19 Han Krum Street
Gotse Delchev, 2900
Bulgaria

You can also reach us via email at info@unistar.bg.
We are committed to addressing your inquiries promptly and appreciate your feedback.