FARENIO Ecosystem — Terms, Policies & Agreements
SOFTWARE-AS-A-SERVICE SUBSCRIPTION AGREEMENT
Last updated: 19 September 2026
Effective date: 28 May 2026
Version: Consolidated 2026
This Software-as-a-Service Subscription Agreement (this “Agreement”) forms part of the wider FARENIO contractual framework governing access to and use of the FARENIO Ecosystem by Hosts, Property Managers, agencies, professional accommodation operators, Enterprise Customers and, where expressly applicable, consumers. The Agreement is operated by GQ VENTURES SAS, trading as FARENIO, and is governed by French law.
The wider FARENIO contractual framework comprises the following documents: Host Terms & Property Operations Agreement; Software-as-a-Service Subscription Agreement; PMS, Channel Manager & API Integration Terms; and Data Processing Agreement (“DPA”).
This Agreement governs access to subscribed FARENIO software functionality made available to the Customer under the applicable subscription plan or Order Form.
This Agreement supplements the FARENIO Master CGU/CGV and the applicable Order Form, subscription confirmation or service order.
In the event of inconsistency between the documents making up the FARENIO contractual framework, the following order of precedence applies to the subject matter concerned:
The Privacy Policy governs processing for which FARENIO acts as an independent Controller and does not replace the DPA where FARENIO acts as Processor.
The SaaS Agreement governs access to subscribed FARENIO software functionality, which may include:
Only functionality included in the Customer's subscription or Order Form is contractually included.
Subject to payment and compliance with the Agreement, FARENIO grants the Customer for the subscription term a limited, non-exclusive, non-transferable and non-sublicensable right to access and use the subscribed Services for its internal authorised purposes.
The licence does not transfer ownership of the Platform or FARENIO intellectual property.
FARENIO and its licensors retain their respective rights in the Platform, including software, source and object code, interfaces, workflows, documentation, trademarks, databases, APIs, models and other protected technology.
Customer Data remains owned or controlled by the Customer or relevant rights holder.
Nothing prevents FARENIO from using information that has been lawfully anonymised so that it no longer constitutes Personal Data or identifies the Customer, subject to applicable law and contractual confidentiality obligations.
The Customer is responsible for managing authorised users and shall:
The Customer is responsible for activities of authorised users acting within the Customer account, except to the extent caused by FARENIO's breach or security failure.
Users shall not, except where permitted by mandatory law:
Nothing in this Article excludes rights that cannot lawfully be restricted.
FARENIO may maintain, patch and improve the Platform.
Material changes that substantially reduce paid core functionality during a committed subscription term shall be handled in accordance with the Agreement, applicable Order Form and mandatory law.
Security, regulatory and emergency changes may be implemented without advance notice where necessary.
Certain functionality depends upon third-party infrastructure or services.
FARENIO remains responsible for obligations that applicable law or the Agreement places upon FARENIO, but does not warrant that an independent third-party service will remain permanently available or unchanged.
Applicable subscription, implementation, API, overage, professional-service and optional-module fees shall be stated before purchase or in the applicable Order Form.
Invoices, VAT and payment deadlines shall comply with applicable French law.
No undisclosed fee shall become payable merely by publication of a new price.
Subscription duration and renewal terms shall be specified at purchase or in the Order Form.
For professional Customers, renewal and termination are governed by the agreed commercial terms and mandatory French law.
Where the Customer qualifies as a consumer, mandatory rules governing information, tacit renewal, electronic termination and withdrawal apply notwithstanding any conflicting provision.
Where a natural person contracts with FARENIO as a consumer, the applicable French Consumer Code applies.
Where legally applicable, the consumer shall receive the statutory withdrawal information and withdrawal form and may exercise the statutory withdrawal right within the applicable period.
Where immediate performance is requested during the withdrawal period, the legally required express request or consent shall be obtained.
Any statutory exception or loss of withdrawal rights for digital content or services shall apply only where the conditions required by law have been satisfied.
Where French law requires online termination functionality, FARENIO shall make that functionality available.
The Customer retains its rights in Customer Data.
FARENIO may process Customer Data only to the extent required to perform the Services or for another lawful purpose identified in the applicable contractual or privacy documentation.
Where applicable under European data legislation, FARENIO shall provide contractual and technical arrangements concerning retrieval, export, switching and deletion of exportable data.
The applicable export formats, transition period, technical limitations and switching procedures may be described in the Order Form or technical documentation.
FARENIO may provide AI-assisted functionality for purposes such as:
The legal role of FARENIO in relation to an AI system shall be determined according to the actual system and applicable law.
AI-generated information may contain errors and shall not be presented as guaranteed fact merely because it was generated automatically.
Where human review is required by law, contract or the nature of the relevant decision, appropriate human oversight shall be maintained.
FARENIO shall implement applicable AI governance, transparency, literacy, risk-management and recordkeeping requirements according to its role under applicable European AI legislation.
FARENIO shall implement technical and organisational measures appropriate to the risk, including as applicable:
Specific measures applicable to processor activities are contained in the Data Processing Agreement.
Service levels apply only where expressly included in the subscription plan or Order Form.
Any percentage availability commitment shall define at minimum:
A marketing uptime target shall not constitute a contractual SLA unless expressly identified as such.
Each party shall protect the other party's non-public commercial, financial, security and technical information using reasonable safeguards and shall use such information only for the purposes of the contractual relationship.
This obligation survives termination for as long as the information remains confidential, subject to applicable law.
Upon termination, access to the Services shall cease in accordance with the applicable contract.
Before deletion, the Customer shall be provided with a reasonable opportunity to retrieve Customer Data where required by contract or applicable law.
Personal Data shall thereafter be handled in accordance with the Data Processing Agreement, Privacy Policy and applicable retention obligations.
Nothing in this Agreement excludes or limits liability where exclusion or limitation is prohibited by applicable law.
Subject to that principle and except as otherwise agreed in an Order Form, neither party shall be liable to the other for indirect or consequential loss that was not reasonably foreseeable or for loss excluded by a valid contractual limitation.
Any contractual liability cap shall not apply where such limitation is prohibited by applicable law, including where relevant in cases involving fraud, wilful misconduct, liability that cannot legally be limited, or rights of Data Subjects under applicable data-protection law.
For professional Customers, the applicable liability cap shall be the cap specified in the relevant Order Form or commercial terms. In the absence of a specified cap, liability shall be assessed subject to the Agreement and applicable French law.
No limitation shall be interpreted so as to deprive an essential contractual obligation of its substance.
Force majeure shall be assessed in accordance with French law.
The affected party shall notify the other party as reasonably practicable and take reasonable measures to mitigate the consequences.
Third-party failure shall constitute force majeure only where the legal conditions for force majeure are actually satisfied.
Where a material breach is capable of remedy, the non-defaulting party may give written notice requiring remedy within a reasonable specified period.
Termination without a cure period may occur where permitted by law and justified by the seriousness of the breach, including certain fraud, security or unlawful-activity circumstances.
Termination does not extinguish accrued payment obligations, confidentiality obligations, data-protection obligations or provisions intended to survive termination.
Nothing in this Agreement authorises conduct contrary to mandatory French rules governing restrictive commercial practices, significant imbalance or abrupt termination of an established commercial relationship.
Where such mandatory rules apply, they prevail over inconsistent contractual provisions.
Where a Host or Customer qualifies as a consumer, nothing in this Agreement restricts mandatory rights under the French Consumer Code.
Applicable consumer information, withdrawal rights, mediation rights, renewal information, electronic termination rights and competent-court rules shall prevail over inconsistent provisions.
The parties shall first seek an amicable resolution of a dispute without preventing either party from seeking urgent or protective judicial relief.
Where FARENIO is legally required to provide access to consumer mediation, eligible consumers may refer unresolved disputes to the consumer mediator identified in FARENIO's Consumer Information and CGV after first submitting a written complaint to FARENIO in accordance with applicable requirements.
This Agreement is governed by French law, subject to mandatory protections that may apply to a consumer under applicable conflict-of-law rules.
For consumers, jurisdiction shall be determined by mandatory applicable law.
For professional parties that do not both contract in the capacity required for a valid jurisdiction clause under French procedural law, ordinary jurisdiction rules apply.
ONLY WHERE THE LEGAL CONDITIONS FOR AN ATTRIBUTIVE JURISDICTION CLAUSE ARE SATISFIED, INCLUDING WHERE ALL RELEVANT PARTIES CONTRACT AS COMMERÇANTS, THE PARTIES EXPRESSLY AGREE TO THE TERRITORIAL JURISDICTION OF THE COMPETENT COURTS WITHIN THE JURISDICTION OF PONTOISE, SUBJECT TO MANDATORY LAW.
FARENIO may amend contractual documentation for legal, regulatory, security, technical or operational reasons.
Material changes affecting existing professional subscriptions shall be notified within a reasonable period before taking effect unless immediate implementation is necessary because of law, security or an emergency.
Changes shall not retroactively deprive a party of accrued contractual rights.
Consumer contracts may be modified only in accordance with applicable consumer law.
If a provision is invalid, unlawful or unenforceable, it shall be ineffective only to the extent required by applicable law.
The remaining provisions shall continue to apply unless the invalid provision was essential to the contractual arrangement and applicable law requires a different result.
The Agreement may be concluded electronically.
FARENIO shall maintain appropriate evidence of contractual acceptance, including the applicable version of the terms, date of acceptance and relevant electronic records, in accordance with applicable law.
Where a separate signature or express consent is legally required, general Platform use alone shall not substitute for that requirement.
The Host or Customer shall be provided with the contractual documents applicable to the transaction before being bound, in a form appropriate to the transaction and applicable law.
Creation of an account alone does not constitute acceptance of every optional paid service.
A booking, subscription, PMS connection or API activation becomes subject to the contractual provisions specifically applicable to that functionality when validly accepted.
For professional or Enterprise Customers, an Order Form or separately executed agreement may supplement these Terms.
For processing governed by Article 28 GDPR, the Data Processing Agreement forms part of the binding contractual arrangement between the Controller and FARENIO.
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