Terms and Conditions of Use

In compliance with the information duty set out in Law 34/2002 on Information Society Services and Electronic Commerce (LSSI-CE), the following general information is provided. This document also sets out the general terms of use of the Nite website (information about the hotel guest experience product), without prejudice to specific terms governing services contracted with TM DATA outside this site.

1. General information

Ownership of this website, hereinafter the Website, belongs to TM DATA, S.L.L., with tax ID B75768523, registered in the Commercial Register of Madrid. Contact details:

• Address: Paseo de Ginebra 9, 28022, Madrid.
• Email: dpo@tmdata.es

Nite is the trade name of the software solution described on this Website, developed and offered by TM DATA.

2. General terms and conditions of use

Purpose of the terms: the Website

The purpose of these General Terms of Use (hereinafter, the Terms) is to regulate access to and use of the Website. For the purposes of these Terms, Website means: the external appearance of the screen interfaces, both static and dynamic, i.e. the navigation structure; and all elements integrated in both the screen interfaces and the navigation structure (hereinafter, Content) and all online services or resources that may be offered to Users (hereinafter, Services).

TM DATA reserves the right to modify, at any time and without prior notice, the presentation and configuration of the Website and the Content and Services incorporated therein. The User acknowledges and accepts that TM DATA may at any time interrupt, disable and/or cancel any of these elements integrated in the Website or access to them.

Access to the Website by the User is free and, as a general rule, at no charge, without the User having to provide consideration to enjoy it, except in respect of the cost of connection through the telecommunications network supplied by the access provider contracted by the User.

Use of any of the Content or Services of the Website may require prior subscription or registration of the User, or additional conditions communicated where applicable.

The user

Access to, browsing and use of the Website confers the status of User, so that from the start of browsing the Website all Terms set out here are accepted, as well as any subsequent amendments, without prejudice to the application of mandatory legal regulations as applicable. Given the importance of the above, Users are advised to read these Terms each time they visit the Website.

The Website provides information about Nite and related services. The User assumes responsibility for correct use of the Website. This responsibility extends to:

• Use of information, Content and/or Services and data offered by TM DATA that is not contrary to these Terms, the law, morality or public order, or that in any other way may infringe the rights of third parties or the proper functioning of the Website.
• The accuracy and lawfulness of information provided by the User in forms made available by TM DATA for access to certain Content or Services offered by the Website. In any event, the User will immediately notify TM DATA of any circumstance enabling misuse of information registered in such forms, including but not limited to theft, loss or unauthorised access to identifiers and/or passwords, in order to proceed with immediate cancellation.

Mere access to this Website does not establish any commercial relationship between TM DATA and the User, unless a contract or order is expressly formalised.

The User declares that they are of legal age and have sufficient legal capacity to be bound by these Terms. Therefore, this Website is not directed at minors. TM DATA disclaims any liability for failure to meet this requirement.

The Website is aimed primarily at Users resident in Spain. TM DATA does not warrant that the Website complies with the laws of other countries, whether wholly or in part. If the User resides or is domiciled elsewhere and chooses to access and/or browse the Website, they do so at their own risk and must ensure that such access and browsing complies with applicable local law, TM DATA assuming no liability that may arise from such access.

3. Access and browsing: exclusion of warranties and liability

TM DATA does not guarantee the continuity, availability or absolute usefulness of the Website or its contents. It is not liable for interruptions, errors, viruses or damage to the User's systems arising from access, to the extent permitted by law.

TM DATA is not liable for misuse of the Website or failures in telecommunications networks beyond its reasonable control.

4. Linking policy

The Website may include links to third-party sites. TM DATA does not itself market the products of such sites, does not permanently review their content and is not responsible for their availability, accuracy or lawfulness.

Anyone establishing a hyperlink to the Website from another page must comply with applicable law and must not make false statements about TM DATA or Nite; unauthorised reproduction of content is not permitted.

5. Intellectual and industrial property

TM DATA, by itself or as assignee, holds all intellectual and industrial property rights in the Website and the elements contained therein (by way of example and without limitation: images, sound, audio, video, software or texts, trademarks or logos —including the Nite brand where applicable—, colour combinations, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.). They are therefore works protected as intellectual property under Spanish law, and are subject to Spanish and EU regulations in this field and international treaties on the matter ratified by Spain.

All rights reserved. Under the Intellectual Property Act, reproduction, distribution and public communication, including making available, of all or part of the contents of this website for commercial purposes, on any medium and by any technical means, without TM DATA's authorisation is expressly prohibited.

The User undertakes to respect TM DATA's intellectual and industrial property rights. They may view the elements of the Website or even print, copy and store them on their computer hard drive or any other physical medium provided this is exclusively for personal use. However, the User may not remove, alter or tamper with any protection device or security system installed on the Website.

If the User or a third party considers that any Content on the Website infringes intellectual property rights, they must immediately notify TM DATA using the contact details in section 1 of this document.

6. Applicable law and jurisdiction

The relationship between the User and TM DATA shall be governed by Spanish law. For any dispute, the parties submit to the courts of Spain, unless mandatory rules to the contrary apply in consumer matters.

TM DATA reserves the right to take legal action as appropriate for misuse of the Website or breach of these terms.

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Last updated: February 2026.