Last updated November, 2021
AGREEMENT TO TERMS
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation or which would subject Us to any registration requirements within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws and regulations, if and to the extent local laws are applicable.
The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to register for the Site.
INTELLECTUAL PROPERTY RIGHTS
Provided that You are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which You have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to You in and to the Site, the Content and the Marks.
Following the activation of your account, We shall not be responsible for your conduct and actions and You shall be responsible for all actions, including changes, deletions and adding features at additional fees.
FEES AND PAYMENT
You may be required to purchase or pay a fee to access certain features of Our Site and receive some services. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that We can complete your transactions and contact You as may be required from time to time.
We bill You through an online billing account for purchases made via the Site. VAT will be added to the price of purchases as deemed required by Us.
You are solely responsible for completing and filing all tax forms, declarations, and submissions to the tax authorities as required by the tax laws applicable to You and for paying all applicable taxes in connection with Your properties and the income You generate from them.
We reserve the right, at Our sole discretion to change prices at any time. All payments shall be charged in U.S. dollars or EURO, but we reserve the right to offer that fees be charged in other currencies.
Upon a successful purchase, You shall have access to the Site and all the relevant services connected to such purchased package for a period of your subscription (the “Paid Term”).
You agree to pay all charges or fees at the prices then in effect for your purchases, and You authorize Us to charge your chosen payment provider for any such amounts upon making your purchase. If your purchase is subject to recurring renewal charges, then You consent to Us charging the provided payment method on a recurring basis for each renewal at the end of each Paid Term without requiring any prior approval for each renewal charge. All renewal charges will automatically continue until You have notified Us of your desire to cancel such renewal of the applicable service. We reserve the right to correct any errors or mistakes in pricing, even if We have already requested or received payment. We also reserve the right to refuse any order placed through the Site.
Our fair usage policy for text messages only covers $1/mo per listing. Anything under the $1 x number of active listings will be considered as fair usage. You agree to pay all charges or fees exceeding Our fair usage policy for text messages. You authorize Us to charge your chosen payment method for any such amounts upon making your purchase.
All purchases are non-refundable. You can cancel your subscription at any time by contacting Us using the contact information provided below. Your cancellation will take effect at the end of the current Paid Term.
THIRD-PARTY SERVICE PROVIDERS
Certain features of the Site will allow You to link your account with third-party platforms as well as manage interactions with external third-party service providers such as housekeeping cleaners, laundry services, and house-key handoff services (the “Third Party Service Providers”).
We shall not be responsible for Third-Party Service Providers, any and all communications, transactions payments, and engagements with such Third Party Service Providers, are exclusively between You and the relevant Third Party Service Provider. We shall not screen, endorse or recommend Third Party Service Providers and cannot confirm their professional qualifications, skills, licenses, or permits needed for their line of work, or that they are properly covered by insurance.
Our payment process service is provided by a third party (the “Payment Processor”), and it is offered to You on an “as-is” and “as available” basis. We are not liable for any error or malfunction in such payment process service. You are exclusively responsible for all tax filings and withholdings in connection with the collection of fees made through such payment process service. The Payment Processor may charge additional transaction fees for the integration with your account. We may deduct or withhold any amounts collected through the payment process service, to the extent we determine it to be necessary.
Our platform can also be used with third-party platforms such as Airbnb (the “Third Party Channels”). You will have no plea, claim or demand against Us for any loss of data, reservations, or revenue due to Your failure to keep his or her account on the Third Party Channel connected to the Your account on Our Site. You are exclusively responsible for all consequences of such failure.
SMART LOCK ADD-ON SERVICE
We have the ability to automate Smart Locks services (operated by third parties service providers) and automatically create the gate codes for your booking reservations.
These automated codes will only be valid during the reservation dates of your guests. If a reservation is altered (i.e extended), we automatically adjust the validity of the gate code. We will inform you via push notifications when we create or alter your codes. You can view the codes for your guests under their reservation details. You can also put these automated codes into your automated message templates and you can fully automate your entry process.
Each guest code generated by Us (regardless of the status of the reservation) has a unit price depending on your plan with Us. You agree to this additional charge stated on the Site. This additional fee will be applied to your invoice at the end of your billing period. We bill you through an online billing account for purchases made via the Site.
You will have no plea, claim or demand against Us for any failure to create a code or automate the Smart Locks services on our Site. We will not be responsible for any consequences of such failure.
Other than explicitly stated in this section the general provisions of this Terms and Conditions will apply with respect to Smart Lock Add-on Service.
CHARGEBACK PROTECTION ADD-ON SERVICE
If you choose Stripe as your payment processor on your booking website, We offer you to activate our Chargeback Protection Add-on Service and protect your business against fraudulent disputes.
This feature may not be included in your payment plan and may be offered at additional costs (for each transaction made using Chargeback Protection Add-on Service). You agree to this additional charge stated on the Site. This additional fee will be applied to your invoice at the end of your billing period. We bill you through an online billing account for purchases made via the Site.
You will have no plea, claim or demand against Us for any failure to activate the Chargeback Protection due to Stripe’s policy. We will not be responsible for any consequences of such failure.
Other than explicitly stated in this section the general provisions of this Terms and Conditions will apply with respect to Chargeback Protection Add-on Service.
You may not access or use the Site for any purpose other than that for which We make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Us.
As a user of the Site, You agree not to:
- systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from Us.
- make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- use a buying agent or purchasing agent to make purchases on the Site.
- circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
- engage in unauthorized framing of or linking to the Site.
- trick, defraud, or mislead Us and other users, especially in any attempt to learn sensitive account information such as user passwords;
- make improper use of Our support services or submit false reports of abuse or misconduct.
- engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
- attempt to impersonate another user or person or use the username of another user.
- sell, rent, sublease, lend, or otherwise transfer your account.
- use any information obtained from the Site in order to harass, abuse, or harm another person.
- use the Site as part of any effort to compete with Us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
- decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
- attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
- harass, annoy, intimidate, or threaten any of Our employees or agents engaged in providing any portion of the Site to You.
- delete the copyright or other proprietary rights notice from any Content.
- upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
- upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- except as may be the result of a standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
- disparage, tarnish, or otherwise harm, in Our opinion, Us and/or the Site.
- use the Site in a manner inconsistent with any applicable laws or regulations.
- use the Site in a manner or for the purpose that infringes, misappropriates, or otherwise violates any intellectual property rights or any right of any third party.
- use the Site for the purpose of competitive analysis.
MOBILE APPLICATION LICENSE
Apple and Android Devices
TERM AND TERMINATION
If we terminate or suspend your account for any reason, You are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if You may be acting on behalf of the third party. In addition to terminating or suspending your account, We reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at Our sole discretion without notice. However, We have no obligation to update any information on Our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to You or any third party for any modification, price change, suspension, or discontinuance of the Site.
At times We may release new features to the Site or upgrade current features on the Site. Such new features or upgrades may be offered at additional costs and We have no obligation to provide You with such new features or upgrades without additional payment (if required).
Regardless of Your place of residence or where you access or use the Site or any Add-on Services, these Terms and your use of the Site or add-on Services will be governed by and construed solely in accordance with the laws of the State of New York, excluding any otherwise applicable rules of conflict of laws, which would result in the application of the laws of a jurisdiction other than the State of New York.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
We will maintain certain data that You transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although We perform regular routine backups of data, You are solely responsible for all data that You transmit or that relates to any activity You have undertaken using the Site. You agree that We shall have no liability to You for any loss or corruption of any such data, and You hereby waive any right of action against Us arising from any such loss or corruption of such data.
By your continued use of the Site, You hereby irrevocably agree and authorize Us to process your data in order to develop, improve, and deliver the services of the Site or any of our affiliated sites, as we see fit from time to time.
All user data will be kept on Our servers on the cloud, and We reserve the right, at our sole discretion, to transfer all anonymized data to our computers, servers, networks, and other infrastructure in any location permissible under the law.
As a result of your use of Guesty For Host We might be required to process personal data on your behalf. By using Guesty for Host you agree to the terms of the Data Processing Addendum, which sets out the additional terms, requirements, and conditions in relation to the processing of personal data on your behalf when We provide You with Guesty For Host.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending Us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and You agree that all agreements, notices, disclosures, and other communications We provide to You electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
CHANGES TO THESE TERMS
In order to resolve a complaint regarding the Site or to receive further information regarding the use of the Site, please contact Us at: email@example.com