SmartGuest System Terms of Service – Users
I. General information about the SmartGuest system Terms of Service
These Terms of Service, together with the other documents referred to herein, set out the terms of use of the SmartGuest System across all Plans, the rules for providing services electronically, the conditions for concluding and terminating agreements for the provision of electronic services, the rules for using all services covered by the SmartGuest System, as well as the User's rights and obligations, liability, and the rules for filing complaints via the SmartGuest System.
The Services covered by these Terms of Service are provided by SmartHotel Sp. z o.o. (trading name: SmartGuest), with its registered office in Kraków (Poland), at ul. Pawia 9 (postal code: 31-154), Kraków, entered into the register of entrepreneurs of the National Court Register (KRS) maintained by the District Court for Kraków-Śródmieście in Kraków, XI Commercial Division of the National Court Register, under KRS number 0000812741, NIP (tax ID) 5252807928, REGON 384929793, with share capital of PLN 10,000.
Before starting to use the Services, the User is required to read these Terms of Service and accept their content. By using the Services, the User is obligated to comply with these Terms of Service.
These Terms of Service apply to all services within the SmartGuest System; however, individual Partners may impose additional obligations on the User not listed in these Terms of Service.
II. Definitions
SmartGuest System – a Partner-to-User communication system developed by SmartGuest, using the Plans (SmartHotel [previously: the SmartGuest Plan], SmartChat, and SmartAutomation [previously: the SmartHotel Plan]) current as of the date the offer is submitted to the Partner.
Property Digital Guide – a website with a dedicated URL, containing information about the Property provided by the Partner via the CMS (including logo, text information, photos, videos, PDF files with price lists, menus, etc., and links to the hotel's/property's website and to other entities).
Partner – the entity managing the Property that has entered into an Agreement with SmartGuest and uses the SmartGuest System to communicate with Users.
Property – a unit managed by the Partner, which may be a hotel, apartment, or other type of business, in which the SmartGuest System will be implemented under the Agreement and for which appropriate access to the SmartGuest System will be created.
User – a user of the Property Digital Guide (a guest of the Property, a customer of the Partner, or any natural person using the Property Digital Guide) who has accessed the Property Digital Guide by scanning a QR code with a Device (mobile phone) or by opening a link via a web browser on a Device (e.g., a mobile phone), and who may use the Services available under the Plan selected by the Partner, including, among others, communication services.
Device – a mobile end device that can be used to connect to the Internet via the Network and that meets the technical requirements set out in these Terms of Service.
Application – software developed by SmartGuest, dedicated to mobile Devices on the Android OS and iOS platforms, facilitating Partners' use of certain functionalities of the SmartGuest System.
Privacy Policy – the document governing the protection of privacy and the processing of Users' personal data.
III. Use of the SmartGuest system services by Users
The User may access the SmartGuest System free of charge via most modern mobile devices with an internet connection running common operating systems such as Android or iOS.
The catalogue of Services available to the User depends on the Plan selected by the Partner for a given Property. The User will be informed by the Partner of the Plan available at the Property.
The User is responsible for obtaining the network access necessary to use the Services, and is liable for any rates and charges imposed by their mobile network operator, including for the use of mobile applications and/or websites. The User is also responsible for having access to compatible devices and operating systems necessary to use the Services of the SmartGuest System, including any software or hardware updates.
To use the Services available in the SmartGuest System under the SmartChat and SmartAutomation Plans, the User may be asked to complete a personal data form in order to properly use the system. The User's personal data is processed in accordance with the Privacy Policy, available at https://smartguest.co/privacy-policy.
At the time of using the SmartGuest System, the User must be at least 18 (eighteen) years of age, unless the terms of a specific Partner Service or Service Provided impose different age requirements.
The User is not obligated to use the SmartGuest System. If the User decides to stop using the SmartGuest System, there is no obligation to notify SmartGuest of this fact. To stop using the Services, it is sufficient to close the website in the browser or uninstall the Application.
The User's access to, or ability to use, the Services of the SmartGuest System may be temporarily restricted if there is a suspicion that the User has violated generally applicable law or the provisions of these Terms of Service. Circumstances may arise in which SmartGuest is unable to provide the User with information about a complaint while an investigation is ongoing (conducted by us and/or a third party, such as the police).
IV. User obligations
When using the Services of the SmartGuest System, the User must comply with all applicable laws and the provisions of these Terms of Service. The User may use the Services of the SmartGuest System only in accordance with their intended purpose as set out in these Terms of Service.
To use certain Services, the User must provide accurate and complete information by completing the User's data via the login Widget in the SmartGuest System made available by the Partner.
When using the SmartGuest System, the User:
may not allow third parties to use the System under the User's own data;
must keep their information and data accurate, complete, and up to date;
must immediately inform SmartGuest if they suspect that someone else is impersonating them in connection with the Services.
The User bears sole responsibility for their own use of the SmartGuest System, and for the use of the System by any other person to whom the User has granted access.
The User may not:
use the SmartGuest System in a manner that disrupts its functioning, in particular through the use of specific software or devices;
post, while using the SmartGuest System, pornographic, pedophilic, offensive, violent, vulgar, or defamatory comments, videos, images, whether realistic or otherwise;
post, while using the SmartGuest System, comments or images intended to harass, threaten, and/or humiliate other people, to make negative statements about others, or to carry out personal attacks or attacks based on race, nationality, ethnic origin, religion, gender, sexual orientation, disability, or any other distinguishing characteristic;
obtain, publish, promote, or facilitate the distribution, transmission, sale, or purchase of any illegal content or content contrary to applicable law;
impersonate another person or communicate under a false name or room number that the User is not authorized to use, for any purpose, including, among others, to commit a crime;
upload a computer virus or any files, programs, or lines of code intended to restrict or damage the operation of computer or telecommunications hardware;
send spam (messages, including, among others, unsolicited promotional messages) or propose chain-letter or pyramid-scheme sales, or solicit unauthorized payments or online donations;
exchange or share websites that are contrary to these Terms of Service;
distribute materials that infringe intellectual or industrial property rights, or offer files for download that are protected by copyright without the rightsholders' consent.
If the User violates these Terms of Service, SmartGuest is entitled to immediately block the User's access to the SmartGuest System. SmartGuest bears no liability whatsoever for Users' use of the SmartGuest System.
V. Content posted on the SmartGuest system
The content of the SmartGuest System, including, among others, articles, photos, videos, trademarks, software, and functionalities, is protected by intellectual and industrial property rights. Accordingly, the User undertakes to respect these rights and to refrain from using the content of the SmartGuest System without authorization. Any unauthorized use of all or part of such content may constitute an infringement of image rights, personal rights, or other rights or applicable laws, and may consequently result in civil and/or criminal liability.
The User bears sole responsibility for the content they create, post, and share while using the SmartGuest System and via the communication channels available within the SmartGuest System. SmartGuest reserves the right to remove, without prior notice, any content that the User creates, posts, receives, and/or shares in violation of these Terms of Service.
VI. SmartGuest's liability
Content published on the SmartGuest System may be proposed by Partners or by other Users, and SmartGuest accordingly has no control over such content. In addition, the SmartGuest System may contain links to websites or other applications whose content is not controlled by SmartGuest. SmartGuest therefore recommends reviewing the terms of use of such websites or applications beforehand. SmartGuest is not liable for content published by third parties, including Partners, Administrators, and Users.
SmartGuest makes no express or implied warranties, including, among others, with respect to the quality and suitability of the Services and the content offered to Users within the SmartGuest System.
VII. Complaints
Complaints regarding the Services should be submitted by e-mail to: hello@mysmartguest.co.
SmartGuest will handle the complaint within 14 (fourteen) days of its receipt. A response to the complaint will be sent to the e-mail address of the User who submitted the complaint, as indicated in the complaint.
In order to process the complaint, the User may be asked by a SmartGuest employee to provide additional data necessary for proper identification, including: e-mail address, first and last name, and phone number.
VIII. Contact
For any questions, in particular regarding commercial or technical matters, the User may contact SmartGuest (address: Warsaw 00-838, ul. Prosta 70; e-mail: hello@mysmartguest.co).
IX. Final provisions
Polish law applies to these Terms of Service, in particular the Act on the Provision of Electronic Services, the GDPR, and the Personal Data Protection Act, unless mandatory provisions of law require the application of a different law, in particular the law applicable based on the place of residence or registered office of a User who is a consumer.
Disputes with Users who are consumers will be resolved by the ordinary courts, in accordance with the jurisdiction resulting from applicable law.
A User who is a consumer may use out-of-court methods for handling complaints and pursuing claims before the Standing Consumer Arbitration Court at the Provincial Inspector of Trade Inspection in Warsaw. Detailed information on this procedure and the applicable dispute resolution rules can be found at: https://uokik.gov.pl, under the "Rozstrzyganie sporów konsumenckich" ("Consumer Dispute Resolution") tab.
Annexes to these Terms of Service, including the Privacy Policy, form an integral part thereof.
These Terms of Service are made available free of charge at https://smartguest.co/rules, in a form that allows downloading, storing, and printing.
These Terms of Service enter into force on 01.07.2026.
This document is based on the previous SmartHotel System Terms of Service, updated to reflect the SmartGuest brand.
I. General information about the SmartGuest system Terms of Service
These Terms of Service, together with the other documents referred to herein, set out the terms of use of the SmartGuest System across all Plans, the rules for providing services electronically, the conditions for concluding and terminating agreements for the provision of electronic services, the rules for using all services covered by the SmartGuest System, as well as the User's rights and obligations, liability, and the rules for filing complaints via the SmartGuest System.
The Services covered by these Terms of Service are provided by SmartHotel Sp. z o.o. (trading name: SmartGuest), with its registered office in Kraków (Poland), at ul. Pawia 9 (postal code: 31-154), Kraków, entered into the register of entrepreneurs of the National Court Register (KRS) maintained by the District Court for Kraków-Śródmieście in Kraków, XI Commercial Division of the National Court Register, under KRS number 0000812741, NIP (tax ID) 5252807928, REGON 384929793, with share capital of PLN 10,000.
Before starting to use the Services, the User is required to read these Terms of Service and accept their content. By using the Services, the User is obligated to comply with these Terms of Service.
These Terms of Service apply to all services within the SmartGuest System; however, individual Partners may impose additional obligations on the User not listed in these Terms of Service.
II. Definitions
SmartGuest System – a Partner-to-User communication system developed by SmartGuest, using the Plans (SmartHotel [previously: the SmartGuest Plan], SmartChat, and SmartAutomation [previously: the SmartHotel Plan]) current as of the date the offer is submitted to the Partner.
Property Digital Guide – a website with a dedicated URL, containing information about the Property provided by the Partner via the CMS (including logo, text information, photos, videos, PDF files with price lists, menus, etc., and links to the hotel's/property's website and to other entities).
Partner – the entity managing the Property that has entered into an Agreement with SmartGuest and uses the SmartGuest System to communicate with Users.
Property – a unit managed by the Partner, which may be a hotel, apartment, or other type of business, in which the SmartGuest System will be implemented under the Agreement and for which appropriate access to the SmartGuest System will be created.
User – a user of the Property Digital Guide (a guest of the Property, a customer of the Partner, or any natural person using the Property Digital Guide) who has accessed the Property Digital Guide by scanning a QR code with a Device (mobile phone) or by opening a link via a web browser on a Device (e.g., a mobile phone), and who may use the Services available under the Plan selected by the Partner, including, among others, communication services.
Device – a mobile end device that can be used to connect to the Internet via the Network and that meets the technical requirements set out in these Terms of Service.
Application – software developed by SmartGuest, dedicated to mobile Devices on the Android OS and iOS platforms, facilitating Partners' use of certain functionalities of the SmartGuest System.
Privacy Policy – the document governing the protection of privacy and the processing of Users' personal data.
III. Use of the SmartGuest system services by Users
The User may access the SmartGuest System free of charge via most modern mobile devices with an internet connection running common operating systems such as Android or iOS.
The catalogue of Services available to the User depends on the Plan selected by the Partner for a given Property. The User will be informed by the Partner of the Plan available at the Property.
The User is responsible for obtaining the network access necessary to use the Services, and is liable for any rates and charges imposed by their mobile network operator, including for the use of mobile applications and/or websites. The User is also responsible for having access to compatible devices and operating systems necessary to use the Services of the SmartGuest System, including any software or hardware updates.
To use the Services available in the SmartGuest System under the SmartChat and SmartAutomation Plans, the User may be asked to complete a personal data form in order to properly use the system. The User's personal data is processed in accordance with the Privacy Policy, available at https://smartguest.co/privacy-policy.
At the time of using the SmartGuest System, the User must be at least 18 (eighteen) years of age, unless the terms of a specific Partner Service or Service Provided impose different age requirements.
The User is not obligated to use the SmartGuest System. If the User decides to stop using the SmartGuest System, there is no obligation to notify SmartGuest of this fact. To stop using the Services, it is sufficient to close the website in the browser or uninstall the Application.
The User's access to, or ability to use, the Services of the SmartGuest System may be temporarily restricted if there is a suspicion that the User has violated generally applicable law or the provisions of these Terms of Service. Circumstances may arise in which SmartGuest is unable to provide the User with information about a complaint while an investigation is ongoing (conducted by us and/or a third party, such as the police).
IV. User obligations
When using the Services of the SmartGuest System, the User must comply with all applicable laws and the provisions of these Terms of Service. The User may use the Services of the SmartGuest System only in accordance with their intended purpose as set out in these Terms of Service.
To use certain Services, the User must provide accurate and complete information by completing the User's data via the login Widget in the SmartGuest System made available by the Partner.
When using the SmartGuest System, the User:
may not allow third parties to use the System under the User's own data;
must keep their information and data accurate, complete, and up to date;
must immediately inform SmartGuest if they suspect that someone else is impersonating them in connection with the Services.
The User bears sole responsibility for their own use of the SmartGuest System, and for the use of the System by any other person to whom the User has granted access.
The User may not:
use the SmartGuest System in a manner that disrupts its functioning, in particular through the use of specific software or devices;
post, while using the SmartGuest System, pornographic, pedophilic, offensive, violent, vulgar, or defamatory comments, videos, images, whether realistic or otherwise;
post, while using the SmartGuest System, comments or images intended to harass, threaten, and/or humiliate other people, to make negative statements about others, or to carry out personal attacks or attacks based on race, nationality, ethnic origin, religion, gender, sexual orientation, disability, or any other distinguishing characteristic;
obtain, publish, promote, or facilitate the distribution, transmission, sale, or purchase of any illegal content or content contrary to applicable law;
impersonate another person or communicate under a false name or room number that the User is not authorized to use, for any purpose, including, among others, to commit a crime;
upload a computer virus or any files, programs, or lines of code intended to restrict or damage the operation of computer or telecommunications hardware;
send spam (messages, including, among others, unsolicited promotional messages) or propose chain-letter or pyramid-scheme sales, or solicit unauthorized payments or online donations;
exchange or share websites that are contrary to these Terms of Service;
distribute materials that infringe intellectual or industrial property rights, or offer files for download that are protected by copyright without the rightsholders' consent.
If the User violates these Terms of Service, SmartGuest is entitled to immediately block the User's access to the SmartGuest System. SmartGuest bears no liability whatsoever for Users' use of the SmartGuest System.
V. Content posted on the SmartGuest system
The content of the SmartGuest System, including, among others, articles, photos, videos, trademarks, software, and functionalities, is protected by intellectual and industrial property rights. Accordingly, the User undertakes to respect these rights and to refrain from using the content of the SmartGuest System without authorization. Any unauthorized use of all or part of such content may constitute an infringement of image rights, personal rights, or other rights or applicable laws, and may consequently result in civil and/or criminal liability.
The User bears sole responsibility for the content they create, post, and share while using the SmartGuest System and via the communication channels available within the SmartGuest System. SmartGuest reserves the right to remove, without prior notice, any content that the User creates, posts, receives, and/or shares in violation of these Terms of Service.
VI. SmartGuest's liability
Content published on the SmartGuest System may be proposed by Partners or by other Users, and SmartGuest accordingly has no control over such content. In addition, the SmartGuest System may contain links to websites or other applications whose content is not controlled by SmartGuest. SmartGuest therefore recommends reviewing the terms of use of such websites or applications beforehand. SmartGuest is not liable for content published by third parties, including Partners, Administrators, and Users.
SmartGuest makes no express or implied warranties, including, among others, with respect to the quality and suitability of the Services and the content offered to Users within the SmartGuest System.
VII. Complaints
Complaints regarding the Services should be submitted by e-mail to: hello@mysmartguest.co.
SmartGuest will handle the complaint within 14 (fourteen) days of its receipt. A response to the complaint will be sent to the e-mail address of the User who submitted the complaint, as indicated in the complaint.
In order to process the complaint, the User may be asked by a SmartGuest employee to provide additional data necessary for proper identification, including: e-mail address, first and last name, and phone number.
VIII. Contact
For any questions, in particular regarding commercial or technical matters, the User may contact SmartGuest (address: Warsaw 00-838, ul. Prosta 70; e-mail: hello@mysmartguest.co).
IX. Final provisions
Polish law applies to these Terms of Service, in particular the Act on the Provision of Electronic Services, the GDPR, and the Personal Data Protection Act, unless mandatory provisions of law require the application of a different law, in particular the law applicable based on the place of residence or registered office of a User who is a consumer.
Disputes with Users who are consumers will be resolved by the ordinary courts, in accordance with the jurisdiction resulting from applicable law.
A User who is a consumer may use out-of-court methods for handling complaints and pursuing claims before the Standing Consumer Arbitration Court at the Provincial Inspector of Trade Inspection in Warsaw. Detailed information on this procedure and the applicable dispute resolution rules can be found at: https://uokik.gov.pl, under the "Rozstrzyganie sporów konsumenckich" ("Consumer Dispute Resolution") tab.
Annexes to these Terms of Service, including the Privacy Policy, form an integral part thereof.
These Terms of Service are made available free of charge at https://smartguest.co/rules, in a form that allows downloading, storing, and printing.
These Terms of Service enter into force on 01.07.2026.
This document is based on the previous SmartHotel System Terms of Service, updated to reflect the SmartGuest brand.
Online check-in, messaging, entry instructions, upsells - all automated for every guest.
©
2026
SmartGuest
Online check-in, messaging, entry instructions, upsells - all automated for every guest.
©
2026
SmartGuest
Online check-in, messaging, entry instructions, upsells - all automated for every guest.
©
2026
SmartGuest