Terms of Service

1. Parties and Agreement

These Terms of Service ("Agreement") constitute a legally binding contract between Movinnza ("Company", "we", "us"), a software product studio registered in India, and the travel agency or business entity ("Client", "you") that subscribes to or uses the LuxuryOS platform.

By signing an onboarding agreement, making any payment, accessing the platform, or authorising any staff member to use LuxuryOS, the Client confirms that it has read, understood, and agrees to be bound by this Agreement. If you are accepting on behalf of an organisation, you represent that you have authority to bind that organisation.

This Agreement is governed by and construed in accordance with the laws of India, including the Information Technology Act, 2000, the Information Technology (Amendment) Act, 2008, the Contract Act, 1872, and all applicable subordinate legislation.

2. Intellectual Property and Ownership of Code

LuxuryOS, including all its source code, software architecture, user interface design, database schemas, API structures, documentation, brand identity, and all related intellectual property, is the exclusive property of Movinnza. All rights are reserved.

The Client is granted a limited, non-exclusive, non-transferable, revocable licence to access and use LuxuryOS solely for its internal business operations during the active subscription period. This licence does not convey any ownership rights in the software or any part thereof.

The Client shall not, and shall ensure its staff do not: (a) reverse engineer, decompile, disassemble, or attempt to derive the source code of LuxuryOS; (b) copy, modify, adapt, translate, or create derivative works from the platform; (c) sublicense, resell, rent, lease, or otherwise transfer access to the platform to any third party; (d) remove or obscure any copyright, trademark, or other proprietary notices from the platform.

Any feedback, feature requests, or suggestions provided by the Client to Movinnza may be used by Movinnza freely, without obligation or compensation to the Client, to improve or develop the platform.

3. Dedicated Hosting and Data Isolation

LuxuryOS is not a multi-tenant shared platform. Every Client receives a dedicated, isolated hosted instance of the platform deployed and managed by Movinnza on the Client's behalf.

The Client's data, including all booking records, customer profiles, financial transactions, supplier information, staff data, and any other content entered into the system, is stored exclusively within the Client's dedicated instance. It is not shared with, accessible by, or visible to any other agency, client, or third party at any time.

Movinnza operates the hosting infrastructure on behalf of the Client and does not access or process Client data except as strictly necessary to provide technical support, perform maintenance, investigate reported issues, or comply with a valid legal order.

All data at rest is protected using industry-standard encryption. All data in transit between the Client's devices and the platform is encrypted via TLS/HTTPS. Movinnza maintains automated daily backups of each Client's instance.

4. Payments and Advance Payment Requirement

All subscription fees for LuxuryOS are payable in advance, prior to the commencement of each billing period. No access to the platform will be granted or continued until the applicable subscription fee for that period has been received and confirmed by Movinnza.

Subscription fees are billed monthly or annually as agreed in the Client's onboarding contract. All amounts are stated exclusive of applicable taxes including Goods and Services Tax (GST) as levied under the Central Goods and Services Tax Act, 2017, and the Integrated Goods and Services Tax Act, 2017, unless explicitly stated otherwise.

Payments must be made to the designated bank account or payment method communicated by Movinnza at the time of invoicing. Payments made to any other account or party are at the Client's sole risk and Movinnza assumes no liability for such misdirected payments.

All fees paid are non-refundable except as expressly stated in this Agreement or as required by applicable law. If a Client prepays annually and cancels within the year, no refund of the prepaid amount shall be due unless Movinnza has materially failed to provide the platform in accordance with this Agreement.

Passthrough charges from third-party providers used by the Client, including payment gateway fees charged by Razorpay or any other gateway, are separate from and in addition to the LuxuryOS subscription fee and are governed by those providers' own terms.

5. Non-Payment and Suspension of Access

If a Client fails to make the advance payment by the due date, Movinnza reserves the right to suspend access to the Client's LuxuryOS instance immediately and without further notice, until the outstanding payment is received in full.

In the event of continued non-payment beyond fifteen (15) days from the due date, Movinnza reserves the right to terminate the Agreement and decommission the Client's instance entirely. The Client will be notified by email to the registered contact address before termination.

Reinstatement of access following suspension for non-payment is subject to full payment of all outstanding dues plus any applicable reinstatement fee as communicated by Movinnza at the time of reinstatement.

Movinnza shall not be liable for any loss of business, loss of data access, or any other damages arising from a suspension or termination caused by the Client's failure to make timely payment.

6. Data Ownership and Client Rights

The Client retains full and complete ownership of all data it creates, uploads, or generates within LuxuryOS. This includes but is not limited to customer records, itineraries, booking data, financial records, supplier details, and any other business information.

Movinnza makes no claim of ownership over the Client's data. The Client grants Movinnza a limited technical licence to access, process, and store the data solely to the extent necessary to provide, maintain, and support the platform as described in this Agreement.

The Client may request an export of all its data at any time during the active subscription period. Movinnza will provide data exports in standard formats within a reasonable time as agreed with the Client.

Movinnza will not use, sell, transfer, share, or disclose the Client's data to any third party for commercial, marketing, or any other purpose, except as required by a valid order of a competent court or regulatory authority under Indian law.

7. Termination and Data Deletion

Either party may terminate this Agreement by providing written notice as specified in the onboarding contract. Termination by the Client takes effect at the end of the then-current paid billing period. No refund is due for any unused portion of a prepaid subscription unless Movinnza is at fault.

Movinnza may terminate this Agreement immediately upon written notice if the Client: (a) fails to pay any sum due and the failure continues for fifteen (15) or more days after the due date; (b) materially breaches any provision of this Agreement and fails to remedy the breach within fourteen (14) days of written notice; (c) becomes insolvent, makes an assignment for the benefit of creditors, or becomes subject to insolvency proceedings under the Insolvency and Bankruptcy Code, 2016; or (d) uses the platform in violation of applicable law.

Upon termination or expiry of the Agreement for any reason, the Client's access to the platform will be revoked. The Client will have thirty (30) days from the effective date of termination to request an export of its data. Movinnza will make the data available in standard formats within this window.

After the thirty (30) day data export window, Movinnza will permanently and irreversibly delete all of the Client's data from its servers, including all backups. Movinnza will confirm the deletion in writing upon the Client's request. Movinnza assumes no liability for the Client's failure to export data within this period.

If termination is caused by the Client's non-payment, Movinnza reserves the right to shorten the data retention window at its discretion, provided the Client is notified by email at least seven (7) days in advance of deletion.

8. Acceptable Use

The Client agrees to use LuxuryOS only for lawful business purposes and in accordance with all applicable Indian and international laws. The Client shall not use the platform to: (a) process transactions for illegal goods or services; (b) transmit content that infringes any intellectual property right; (c) upload malicious code, viruses, or software designed to interfere with the platform; (d) attempt to gain unauthorised access to any component of the platform or its infrastructure; (e) circumvent or disable any security measure of the platform.

9. Service Availability

Movinnza will use commercially reasonable efforts to maintain high availability of the platform. Scheduled maintenance windows will be communicated to the Client in advance wherever practicable.

Movinnza does not guarantee uninterrupted access. Downtime caused by circumstances beyond Movinnza's reasonable control, including acts of God, natural disasters, failures of third-party infrastructure providers, cyberattacks, or government actions, shall not constitute a breach of this Agreement.

Enterprise clients with a signed Service Level Agreement (SLA) have specific uptime commitments as defined in that document, which shall prevail over this general provision.

10. Limitation of Liability

LuxuryOS is provided as a software platform. Movinnza is not a travel agent, tour operator, or financial adviser. All operational decisions made using the platform are the Client's sole responsibility.

To the maximum extent permitted by applicable law, Movinnza shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including but not limited to loss of bookings, loss of revenue, loss of data, or loss of goodwill, arising out of or in connection with this Agreement or the use or inability to use the platform.

Movinnza's total aggregate liability to the Client for any and all claims arising under this Agreement shall not exceed the total subscription fees paid by the Client to Movinnza in the three (3) calendar months immediately preceding the event giving rise to the claim.

11. Confidentiality

Each party agrees to keep confidential any non-public information disclosed by the other party in connection with this Agreement, including but not limited to pricing, technical architecture, business processes, and client lists.

This obligation of confidentiality does not apply to information that: (a) is or becomes publicly known through no breach of this Agreement; (b) was already known to the receiving party prior to disclosure; (c) is independently developed without use of confidential information; or (d) is required to be disclosed by law or court order.

12. Governing Law and Dispute Resolution

This Agreement is governed by the laws of India. Any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, or invalidity thereof, shall first be attempted to be resolved through good-faith negotiation between the parties.

If the dispute is not resolved within thirty (30) days of written notice from either party, it shall be referred to arbitration under the Arbitration and Conciliation Act, 1996, before a sole arbitrator mutually appointed by the parties. The seat of arbitration shall be Pune, Maharashtra, India. The language of arbitration shall be English.

The courts at Pune, Maharashtra, shall have exclusive jurisdiction over any matter that cannot be submitted to arbitration or for the enforcement of an arbitral award.

13. Changes to These Terms

Movinnza reserves the right to update or modify these Terms of Service. When material changes are made, Movinnza will notify the Client by email at least thirty (30) days before the changes take effect.

The Client's continued use of the platform after the effective date of the revised terms constitutes acceptance. If the Client does not agree to the revised terms, it may terminate the Agreement before the effective date in accordance with Section 7 of this Agreement.

14. Contact

For questions, notices, or communications under this Agreement, contact Movinnza at: connect@luxuryos.io. Formal legal notices should be sent in writing to the registered address of Movinnza as communicated at the time of onboarding.