1. Introduction and Acceptance

These Terms of Service (the “Terms”) govern access to and use of the Eliio booking platform, including its web applications, embeddable booking widgets, application programming interfaces, and related services (collectively, the “Platform”), operated by [Eliio B.V.], a company registered in the Netherlands with company number [KvK number], having its registered office at [address] (“Eliio”, “we”, “us”).

By creating an account, signing an order form, or using the Platform in any way, you agree to be bound by these Terms. If you use the Platform on behalf of a business, you represent that you have authority to bind that business.

2. Definitions

• “Tenant” — a business that has contracted with Eliio to use the Platform to manage and sell bookings for its venues (for example, an entertainment venue operating escape rooms, smash rooms, or arcades).
• “Tenant User” — an individual member of staff authorised by a Tenant to access the Platform admin panel under a personal account.
• “End Customer” — an individual who makes a booking with a Tenant through the Platform (via the Tenant’s booking page or embedded widget).
• “Booking” — a reservation made by an End Customer for a product or experience offered by a Tenant.
• “Tenant Content” — all content uploaded or configured by a Tenant, including product descriptions, images, logos, pricing, and policies.
• “Order Form” — the commercial agreement between Eliio and a Tenant specifying subscription tier, fees, and any custom terms. In the event of conflict, the Order Form prevails over these Terms.

3. The Platform and Role of the Parties

The Platform is a software-as-a-service tool that enables Tenants to publish bookable products, accept reservations and payments, manage resources and schedules, and communicate with End Customers.

Eliio is not a party to the contract between a Tenant and an End Customer. Each Booking is a direct contract between the Tenant and the End Customer. The Tenant is solely responsible for delivering the booked experience, for the accuracy of its listings, for its own cancellation and refund policies, and for compliance with consumer protection law applicable to its offerings.

Payments are processed by Stripe. Each Tenant holds its own Stripe connected account; funds paid by End Customers are settled directly to the Tenant’s account, less applicable processing fees and the Eliio application fee agreed in the Order Form.

4. Accounts and Eligibility

4.1 Tenant accounts

Tenants must provide accurate business information, including legal entity details required for payment onboarding (know-your-customer verification by Stripe). Tenants must keep this information up to date.

4.2 Tenant User accounts

Each Tenant User must use a personal account. Accounts may not be shared. Tenants are responsible for managing roles and access of their Tenant Users and for all activity occurring under their accounts. Credentials must be kept confidential; suspected compromise must be reported to Eliio without undue delay.

4.3 End Customers

End Customers do not require an account to make a Booking. By placing a Booking, End Customers accept these Terms to the extent applicable to them, the Tenant’s own terms and policies displayed during the booking process, and the Privacy Policy.

You must be at least 18 years old, or the age of legal majority in your jurisdiction, to make a Booking. Some experiences may carry additional age or health restrictions set by the Tenant.

5. Bookings, Payments, and Refunds

5.1 Booking process

A Booking is confirmed only when payment has been authorised (where prepayment applies) and a confirmation has been issued by the Platform on behalf of the Tenant. The Platform displays the total price, including applicable taxes, before the End Customer commits to a Booking.

5.2 Payment processing

Card payments are processed by Stripe Payments Europe, Ltd. and its affiliates. Eliio does not store full card numbers. By paying, the End Customer also accepts Stripe’s applicable terms. The merchant of record for each Booking is the Tenant.

5.3 Cancellations and refunds

Cancellation windows, rescheduling rules, and refund eligibility are set by each Tenant and shown during checkout and in the confirmation email. Refund requests must be directed to the Tenant. Where a refund is approved, it is processed back to the original payment method through the Platform. Statutory rights of consumers under EU and Dutch law remain unaffected; note that bookings for leisure services scheduled for a specific date or period may be exempt from the standard 14-day right of withdrawal under Article 16(l) of Directive 2011/83/EU.

5.4 Fees owed by Tenants

Tenants pay (a) the subscription fee for their selected tier, and (b) an application fee per transaction, both as specified in the Order Form. Fees are exclusive of VAT unless stated otherwise. Eliio may revise fees with at least 30 days’ written notice, effective from the next renewal period.

6. Tenant Obligations

Each Tenant warrants and agrees that it shall:

• hold all licences and permits necessary to operate its venues and offer its experiences;
• ensure that listings, pricing, availability, and policies presented on the Platform are accurate and not misleading;
• honour confirmed Bookings, or where this is impossible, promptly notify affected End Customers and offer rescheduling or a refund;
• comply with all applicable laws, including consumer protection, health and safety, tax, and data protection law;
• obtain appropriate consent or provide required notices to End Customers for any of the Tenant’s own marketing activities;
• not use the Platform to sell illegal, dangerous, or fraudulent products or services;
• embed the booking widget only on websites that the Tenant owns or is authorised to operate.

7. Acceptable Use

You must not, and must not permit any third party to:

• probe, scan, or test the vulnerability of the Platform, or breach or circumvent any security or authentication measures, except pursuant to a written responsible-disclosure agreement with Eliio;
• access data of another tenant or attempt to do so, including by manipulating identifiers, tokens, subdomains, or API requests;
• use the Platform to send spam or unlawful communications;
• scrape, harvest, or mass-extract data from the Platform other than your own data via documented interfaces;
• interfere with the integrity or performance of the Platform, including by imposing an unreasonable load;
• reverse engineer, decompile, or copy the Platform except to the extent permitted by mandatory law;
• resell, sublicense, or white-label the Platform without a written agreement with Eliio.

Eliio may suspend access immediately where it reasonably believes this Section has been breached, where required by law, or to protect the security of the Platform or its users. Where practicable, Eliio will give prior notice and an opportunity to remedy.

8. Intellectual Property

The Platform, including its software, design, and documentation, is and remains the property of Eliio and its licensors. Tenants receive a limited, non-exclusive, non-transferable right to use the Platform for their internal business purposes during the term of their agreement.

Tenant Content remains the property of the Tenant. The Tenant grants Eliio a non-exclusive, worldwide licence to host, reproduce, display, and distribute Tenant Content solely as necessary to operate and improve the Platform and to display the Tenant’s listings to End Customers.

Feedback voluntarily provided to Eliio may be used by Eliio without restriction or obligation.

9. Data Protection

The parties’ privacy obligations are described in the Eliio Privacy Policy and, for Tenants, in the Data Processing Agreement (“DPA”) entered into between Eliio and the Tenant. In summary: for End Customer personal data processed in connection with a Tenant’s Bookings, the Tenant is the controller and Eliio acts as processor on the Tenant’s documented instructions; for Tenant User account data and platform usage data, Eliio is an independent controller.

10. Availability, Support, and Changes

Eliio will use commercially reasonable efforts to make the Platform available in accordance with the service levels set out in the Order Form or applicable service level annex. Planned maintenance will be announced in advance where reasonably possible.

Eliio may modify the Platform from time to time, provided that modifications do not materially reduce the core functionality contracted for. Material reductions entitle the affected Tenant to terminate with pro-rata refund of prepaid, unused fees.

11. Warranties and Disclaimers

Except as expressly stated in these Terms or an Order Form, the Platform is provided “as is” and Eliio disclaims all implied warranties to the maximum extent permitted by law, including warranties of merchantability, fitness for a particular purpose, and non-infringement. Eliio does not warrant that the Platform will be uninterrupted or error-free.

Eliio does not warrant or assume responsibility for any product or experience offered by a Tenant, including its safety, quality, legality, or fitness for any purpose.

12. Liability

Nothing in these Terms excludes or limits liability for intent or gross negligence (opzet of bewuste roekeloosheid), for death or personal injury caused by negligence, or for any other liability that cannot be excluded under mandatory law.

Subject to the foregoing: (a) neither party is liable for indirect or consequential damages, loss of profit, loss of revenue, or loss of data; and (b) Eliio’s aggregate liability arising out of or in connection with the Platform in any 12-month period shall not exceed the total fees paid by the relevant Tenant to Eliio in that period, or EUR 1,000 in the case of claims by End Customers.

13. Indemnification

The Tenant shall indemnify and hold harmless Eliio from and against third-party claims, damages, and reasonable costs (including legal fees) arising from: (a) Tenant Content; (b) the Tenant’s products, experiences, or venues, including personal injury occurring at a venue; (c) the Tenant’s breach of these Terms or applicable law; or (d) the Tenant’s violation of third-party rights.

14. Term, Suspension, and Termination

14.1 Term

Tenant agreements run for the initial term stated in the Order Form and renew automatically for successive periods unless terminated with the notice period stated there (or, absent such statement, one month before the end of the then-current term).

14.2 Termination for cause

Either party may terminate immediately if the other party materially breaches these Terms and fails to remedy the breach within 14 days of written notice, or becomes insolvent.

14.3 Consequences of termination

Upon termination of a Tenant agreement: outstanding Bookings should be honoured or refunded by the Tenant; Eliio will make the Tenant’s data available for export in a standard machine-readable format for 30 days after termination, after which it may be deleted in accordance with the DPA and retention rules; and accrued payment obligations survive.

15. Changes to These Terms

Eliio may amend these Terms. Material changes will be notified to Tenants at least 30 days in advance by email or in-product notice. If a Tenant objects to a material change, it may terminate before the change takes effect. Continued use after the effective date constitutes acceptance. For End Customers, the version in force at the time of a Booking applies to that Booking.

16. Miscellaneous

• Tenants may not assign their agreement without Eliio’s prior written consent. Eliio may assign to an affiliate or in connection with a merger or sale of assets.
• Eliio may use subcontractors (including hosting and payment providers) and remains responsible for their performance.
• Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control.
• If any provision is held invalid, the remainder remains in force and the invalid provision is replaced by a valid one reflecting its intent.
• Entire agreement. These Terms, the Order Form, the DPA, and documents referenced herein constitute the entire agreement between the parties regarding the Platform.

17. Governing Law and Disputes

These Terms are governed by the laws of the Netherlands. Disputes shall be submitted to the competent court of [Amsterdam], the Netherlands, without prejudice to mandatory consumer protection rules that grant End Customers the right to bring or defend claims in their country of residence. End Customers in the EU may also use the European Commission’s Online Dispute Resolution platform (ec.europa.eu/odr).

18. Contact

Eliio — [Eliio B.V.]

Address: [registered address]

Email: legal@eliio.com