Terms of Service

1. Who provides the service

Sereno Tech S.L., tax ID B44916658, registered at Calle Tulipán 1, España (“Kinapi”, “we”), is the owner and provider of the service available at www.kinapi.es and api.kinapi.es. You can reach us at gestion@kinapi.es.

2. What the service is — and what it is not

Kinapi is a software service that allows accommodation businesses and professionals (the “Client”, “you”) to collect their guests’ details, obtain the signature of the accommodation contract and transmit the traveller report to the Spanish Ministry of the Interior’s SES.Hospedajes platform, under Royal Decree 933/2021.

Kinapi does not provide legal advice. Information published on the website, documentation or blog is informational and does not replace professional judgement.

2.1. Territorial scope

2.2. Functional scope

Article 6.3 of RD 933/2021 requires reporting, in each case within 24 hours, (a) the booking or the signing of the contract and, where applicable, its cancellation, and (b) the start of the contracted services.

3. Account and eligibility

• The service is intended exclusively for businesses and professionals. It is not a consumer service: by subscribing you declare that you act within your economic activity.
• You must be of legal age and able to bind the entity you represent.
• You are responsible for keeping your login credentials and API keys confidential, and for all activity carried out with them. Tell us immediately if you suspect unauthorised use.
• One account corresponds to one organisation. You may add as many team users as you need.

4. Your obligations

1. SES credentials, registration and authority. Kinapi transmits using your SES.Hospedajes web service credentials and your properties’ establishment codes. Obtaining them, registering them in the panel, keeping them valid and having each establishment correctly registered with the Ministry is your responsibility. By registering those credentials in the panel you expressly authorise Sereno Tech S.L. to use them in your name and on your behalf, for the sole and exclusive purpose of transmitting to SES.Hospedajes the traveller reports of your own establishments and of querying and cancelling those filings. The authority is revoked by removing the credentials from the panel or closing the account, with immediate effect.
2. Accuracy of data. You are responsible for the accuracy and completeness of the booking, property and guest data you enter or send through the API.
3. Informing guests. As data controller, it is for you to inform your guests about the processing of their data and to have a legal basis for it.
4. Monitoring. Kinapi makes the status of every report available in the panel and the API, emits error webhooks if you configure them, and sends you a daily email digest of bookings whose arrival date has passed and whose report is not confirmed. That alert is an aid, not a guarantee: it may fail or not arrive, and final monitoring and the resolution of rejections remain yours.
5. Lawful use. You may not use the service for purposes other than those intended, attempt to access other clients’ data, or run load or security testing without our written authorisation.

5. Price, invoicing and payment

5.1. Price

The price is €0.50 plus VAT per booking filed. A “booking filed” is each check-in for which SES.Hospedajes confirms at least one guest. It is charged once per booking, however many guests it has and even if they are filed in several batches. There is no fixed fee, no minimum spend and no lock-in.

What the Ministry does not confirm is not billed: a cancelled booking, an incomplete check-in or a rejected guest generate no charge. The test environment (PRE) is never billed.

5.2. Trial allowance

New accounts get an allowance of free bookings to try the service. Their reports are filed with the Ministry for real and are not charged, then or later. Once the allowance is used up, a card is required to create new bookings; anything already filed is unaffected.

5.3. Invoicing threshold

So as not to issue invoices for negligible amounts, usage accumulates and is only invoiced once the pending balance reaches €5.00 plus VAT. Below that figure the balance rolls over to the next period. This is not a minimum spend: you do not pay to reach the threshold, you simply wait. A month with no reports is still a month with no invoice. Your usage is visible in real time in the panel regardless of when it is invoiced.

5.4. Payment and non-payment

Payment is charged to the card you save on sign-up, processed by Stripe (Kinapi never sees your card number). We issue an invoice with the applicable VAT. If a charge fails, Stripe retries automatically for a few days; if it still cannot be collected, the account may be suspended: the API returns 403 and no new bookings can be created.

5.5. Price changes

We may change the price by giving you at least 30 days’ notice by email. If you do not agree, you may close your account before the new price takes effect, at no cost or penalty.

6. Availability

We apply reasonable means to keep the service continuously available, but the service is provided “as is” and without a contractual service level agreement (SLA) unless we have signed one in writing. We may carry out maintenance windows, giving notice where possible.

In particular, Kinapi depends on third-party systems it does not control — notably the Ministry of the Interior’s SES.Hospedajes platform, whose availability, schedules, format changes and validation criteria are entirely outside our reach. Unavailability or a unilateral change of those systems does not constitute a breach on our part.

7. Limitation of liability

This clause matters and we have written it to be understood. Please read it carefully.

7.1. What we do not cover

To the maximum extent permitted by law, Kinapi is not liable for:

• Administrative penalties imposed on the Client by public authorities, including those arising under RD 933/2021 or Organic Law 4/2015, where they stem from incorrect or incomplete data supplied by the Client, from wrong, expired or unregistered credentials or establishment codes, from Ministry rejections not acted upon by the Client, or from unavailability of the Ministry’s systems.
• Indirect damages: loss of profit, business, customers, reputation or opportunity.
• The Client’s use of the service in breach of these terms or of applicable law, and the content of the data it enters.
• Failures, changes or unavailability of third-party services beyond our control (SES.Hospedajes, infrastructure providers, communications networks).

7.2. Liability cap

To the maximum extent permitted by law, Kinapi’s total aggregate liability to the Client on any ground arising from these terms or from use of the service is limited to the greater of:

• the amounts invoiced to the Client during the twelve (12) months preceding the event giving rise to the claim; or
• one thousand five hundred euros (€1,500).

This cap applies in aggregate across all claims and regardless of the legal basis on which they are founded.

7.3. What is not limited

Nothing in these terms excludes or limits Kinapi’s liability for wilful misconduct, gross negligence, death or personal injury, or any other case that mandatory Spanish or European Union law does not allow to be excluded or limited. Liability arising from the processing of personal data is further governed by Article 82 GDPR and by the data processing agreement.

7.4. Claim period

Any claim relating to the provision of the service must be notified in writing within twelve (12) months of the event giving rise to it.

8. Data protection

In respect of your guests’ data, you are the data controller and Kinapi is the processor. That relationship is governed by the data processing agreement, which forms an inseparable part of these terms and which you accept together with them. The processing of your own account data is described in the privacy policy.

9. Intellectual property and Client data

The Kinapi software, documentation, brand and design are ours. These terms grant you a non-exclusive, non-transferable and revocable right of use while the account is active; they transfer ownership of nothing.

The data you enter remains yours. We process it solely to provide the service. We do not sell it to third parties, do not use it to train models, and do not use it for any accommodation management or commercialisation activity, whether identified or aggregated.

10. Confidentiality

Both parties undertake to keep confidential the non-public information they access as a result of this relationship, during its term and for three years thereafter, unless legally required to disclose it.

11. Term, termination and portability

• The contract has an indefinite term and no lock-in: you can close your account at any time from the panel.
• The closure takes effect 30 days after you request it. Meanwhile the account is closed (no reports are filed and your guests receive no emails) and you can reactivate it or export your data.
• When the closure takes effect, pending usage is settled and the subscription is cancelled. If the pending amount is below the minimum the payment processor accepts, it is written off.
• You can export your data at any time through the API or the panel, also during those 30 days. After closing, data is deleted in accordance with the data processing agreement, with the exceptions set out there (traveller reports that must be retained, kept blocked until their period ends; immutable signature evidence; accounting records).
• We may terminate for material breach, unremedied non-payment or fraudulent use, on written notice. Except in cases of manifest abuse, we will give you a reasonable period to export your data.
• Should we discontinue the service, we will give at least 90 days’ notice and keep data export available throughout that period.

12. Changes to these terms

We may amend these terms. If the change is material we will notify you by email at least 30 days in advance and you will need to accept the new version to continue using the service. Each version carries its date and identifier, and we keep a record of which one you accepted and when.

13. Force majeure

Neither party is liable for failure caused by events beyond its reasonable control: disasters, conflicts, widespread utility or communications outages, large-scale cyber attacks, or acts of authority, including regulatory changes or changes in the operation of the Ministry’s platform.

14. Governing law and jurisdiction

These terms are governed by Spanish law. The parties will seek to resolve any dispute in good faith; failing agreement, the competent court will be the one resulting from the applicable legal rules. Where the Client is domiciled outside Spain, the parties confer exclusive jurisdiction on the Courts of Sereno Tech S.L.’s registered office, under Article 25 of Regulation (EU) 1215/2012.

If any clause is held void, the remainder stays valid and the void clause will be replaced by a valid one of equivalent economic effect.