§ 1. General Provisions
- Infrastructure Operator: The owner of the I must visit technological platform, available at https://imustvisit.com, is PERFECTCLUE Sp. z o.o. with its registered office in Rzeszów, at ul. Zimowit 42, 35-605 Rzeszów, entered into the register of entrepreneurs of the National Court Register (KRS) under the number: 0000986621, NIP (Tax ID): 8133882813, REGON: 522791227 (hereinafter referred to as the "Service Provider").
- Contact: Contact with the Service Provider regarding technical and formal matters is possible via a dedicated account manager (Concierge) or via email at: [email protected].
- B2B Nature (Exclusive): The I must visit service offering is strictly business-to-business (B2B) and is addressed exclusively to selected, professional entities in the luxury hospitality and tourism sector (hotels, resorts, boutique properties). These Terms and Conditions do not apply to consumers.
- Subject of Services: The Service Provider grants Partners a license to use the Autonomous Cinematic Engine (SaaS infrastructure), which enables the automated generation of edited video materials from guests' stays, the integration of direct booking links (Direct Booking), and provides physical service media (Artifacts).
§ 2. Definitions
- Partner – a selected entity from the Hospitality sector that has successfully passed the verification process and concluded an agreement with the Service Provider.
- Infrastructure (Cinematic Engine) – cloud-based software owned by the Service Provider, utilized for the automated editing, color-grading, and branding of video materials recorded by the Partner's guests.
- Physical Artifacts – physical deployment elements provided to the Partner, including, in particular, dedicated suite cards (Touchpoints), the Filmable Luxury™ Certificate, and the Statuette.
- Guest – a natural person, a client of the Partner, who uses the directing interface provided by the Partner within the Infrastructure via their mobile device.
- Property Capacity (Keys/Rooms) – the number of rooms or suites in the Partner's property declared in the agreement, which serves as the basis for scaling the subscription fee.
§ 3. Cooperation Model and Conclusion of the Agreement
- Access Request: Cooperation is initiated by submitting the "Request Private Access" form on the Service Provider's website. Submitting a request does not guarantee the establishment of a partnership.
- Verification: The Service Provider conducts a verification of the property's profile in terms of aesthetic standards and its alignment with the Premium segment (the Filmable Luxury™ standard).
- Offer and Agreement: Following a positive verification, the Service Provider presents the Partner with a dedicated proposal containing a quotation (Setup Fee and monthly Subscription fee). The service agreement is concluded upon the payment of the first invoice (or upon credit card authorization in the payment system).
§ 4. Fees and Subscription Model
- Setup Fee: A one-time fee charged in advance, covering the costs of producing and delivering the Physical Artifacts, designing a dedicated video script (storyboard), and configuring direct booking links.
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Scalable Subscription: The monthly subscription fee for access to the Infrastructure consists of:
- Base: a fixed amount covering the support of a baseline number of units (e.g., the first 10 rooms), video rendering operations, and server maintenance.
- Variable Fee: an amount added for each additional room (Key) in the Partner's property exceeding the base number.
- Payments: Payments are executed in advance, via an automatic credit card billing model (Stripe) or based on a pro-forma invoice (bank transfer), as stipulated in the individual agreement.
§ 5. Artifact Delivery and Ownership
- Delivery: Physical Artifacts (room cards and the Certificate) are delivered by courier to the Partner's designated address within 60 days of the Setup Fee being credited. The Statuette is dispatched after 6 months of an uninterrupted subscription.
- Trademark License: Upon service activation, the Partner receives a non-exclusive license to use the "Filmable Luxury™" quality mark in their marketing materials, solely for the duration of the active subscription.
- Ownership Rights: The software, Cinematic Engine, and source codes remain the exclusive property of the Service Provider. Physical Artifacts become the property of the Partner; however, in the event of agreement termination, the Partner loses the right to publicly display the certificate and statuette as an "Active Partner of I must visit".
§ 6. User-Generated Content (UGC)
- Video Rights: Video materials generated by the Cinematic Engine become the property of the Guest (the creator), while simultaneously granting the Partner and the Service Provider a non-exclusive, royalty-free license for their technical processing, hosting, as well as public sharing and use in the promotional and marketing materials of the Service Provider and the Partner (in particular on websites, social media channels, and in portfolios).
- No Liability for Content: The Service Provider solely supplies an automated technical tool. The Service Provider bears no responsibility for the content of the video materials recorded by Guests, including any potential infringements of the personal rights of third parties captured in the recordings.
- Link Maintenance: The Service Provider guarantees the active status of the direct booking links embedded in the video materials exclusively for the duration of the active subscription agreement with the Partner.
§ 7. Agreement Termination and Service Suspension
- Notice Period: Unless the individual agreement stipulates otherwise, the Partner may cancel the subscription subject to a 1-month notice period.
- Consequences of Non-payment: In the event of an unsuccessful attempt to collect the subscription fee, the Service Provider shall grant a 7-day grace period to settle the outstanding amount. Upon the ineffective expiration of this deadline, the Service Provider reserves the right to block access to the Cinematic Engine, deactivate the QR codes on the room cards, and remove the Partner from the Service Provider's digital catalogs.
§ 8. Liability
- Exclusions: The Service Provider is not liable for service interruptions resulting from force majeure events, internet connectivity failures on the Guest's side, or the incorrect configuration of booking systems (Booking Engine) on the Partner's side.
- No Revenue Guarantee: The Service Provider supplies an infrastructure designed to bypass OTA portals; however, it does not guarantee that the Partner will achieve specific profits or a defined volume of generated reservations.
- Liability Limitation: The Service Provider's total liability for damages towards the Partner (excluding intentional misconduct) is strictly limited to the equivalent of one month's subscription fee paid by the Partner.
§ 9. Final Provisions
- Governing Law and Jurisdiction: The governing law is Polish law. Any disputes shall be resolved by the court competent for the Service Provider's registered office.
- Confidentiality: Both parties undertake to maintain strict confidentiality regarding the financial conditions of the cooperation and the technical details of the Infrastructure's operation.
- Amendments to the Terms: The Service Provider reserves the right to amend these Terms and Conditions for significant business or technological reasons. Partners will be notified of any changes with a 14-day advance notice.