Terms & Conditions

Last updated November, 2021

AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“You”) and Guesty, Inc., a Delaware corporation, and its subsidiaries (“We,” “Us” or “Our”), concerning your access to and use of the website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, You have read, understood, and agree to be bound by all of these Terms of Use, including Our Privacy Policy. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

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

Unless otherwise indicated, the Site is Our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by Us or licensed to Us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

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.

USER REPRESENTATIONS

By using the Site, You represent and warrant that: (1) all registration information You submit will be true, accurate, current, and complete; (2) You will maintain the accuracy of such information and promptly update such registration information as necessary; (3) You have the legal capacity and You agree to comply with these Terms of Use; (4) You are not a minor in the jurisdiction in which You reside; (5) You will not access the Site through automated or non-human means, whether through a bot, script or otherwise; (6) You will not use the Site for any illegal or unauthorized purpose; (7) your use of the Site will not violate any applicable law or regulation; and (8) if You become aware of any unlawful or prohibited activity You shall immediately report such activity to Us.

USER REGISTRATION

You are required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. You shall not be permitted to allow any other person access or use of your account, except as expressly permitted by the Terms of Use. We reserve the right, in Our sole discretion, to remove, reclaim, or change a username You select if we determine, in Our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

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.

Fees that We are unable to charge through your chosen payment provider, are deemed to be overdue. Failure by You to settle any overdue fees within seven (7) calendar days of its original due date constitutes a breach of these Terms or Use, entitling Us to suspend your account. Failure to settle any overdue fees within fourteen (14) calendar days of its original due date constitutes a material breach of these Terms of Use, entitling Us to close your account.

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.

FREE TRIAL

We may offer a free trial to new users who register with the Site (the “Free Trial Period”). At the end of the Free Trial Period, You may be required to subscribe for a paid service to use certain features of the Site. During the Free Trial Period, your use of the Site remains subject to the Terms of Use.

CANCELLATION

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.

SOFTWARE

We may include software for use in connection with Our services. If such software is accompanied by an end-user license agreement (“EULA”), the terms of the EULA will govern your use of the software. If such software is not accompanied by a EULA, then We grant to You a non-exclusive, revocable, personal, and non-transferable license to use such software solely in connection with Our services and in accordance with these Terms of Use, during the applicable Paid Term, for your use only. Any Software and any related documentation is provided “as is” without warranty of any kind, either expressed or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. You accept any and all risk arising out of the use or performance of any Software. You may not reproduce or redistribute any software except in accordance with the EULA or these Terms of Use.

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.

THIRD-PARTY CHANNELS

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.

PROHIBITED ACTIVITIES

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:

  1. 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.
  2. 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.
  3. use a buying agent or purchasing agent to make purchases on the Site.
  4. 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.
  5. engage in unauthorized framing of or linking to the Site.
  6. trick, defraud, or mislead Us and other users, especially in any attempt to learn sensitive account information such as user passwords;
  7. make improper use of Our support services or submit false reports of abuse or misconduct.
  8. 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.
  9. interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
  10. attempt to impersonate another user or person or use the username of another user.
  11. sell, rent, sublease, lend, or otherwise transfer your account.
  12. use any information obtained from the Site in order to harass, abuse, or harm another person.
  13. 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.
  14. decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
  15. attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
  16. harass, annoy, intimidate, or threaten any of Our employees or agents engaged in providing any portion of the Site to You.
  17. delete the copyright or other proprietary rights notice from any Content.
  18. copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  19. 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.
  20. 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”).
  21. 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.
  22. disparage, tarnish, or otherwise harm, in Our opinion, Us and/or the Site.
  23. use the Site in a manner inconsistent with any applicable laws or regulations.
  24. 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.
  25. use the Site for the purpose of competitive analysis.

MOBILE APPLICATION LICENSE

Use License

If You access the Site via a mobile application, then we grant You a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by You and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms of Use. You shall not: (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the application; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by Us or the licensors of the application; (5) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (8) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or (9) use any proprietary information or any of Our interfaces or Our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.

Apple and Android Devices

The following terms apply when You use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Site: (1) the license granted to You for Our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Use or as otherwise required under applicable law, and You acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; (3) in the event of any failure of the mobile application to conform to any applicable warranty, You may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application; (4) You represent and warrant that (i) You are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) You are not listed on any U.S. government list of prohibited or restricted parties; (5) You must comply with applicable third-party terms of agreement when using the mobile application, e.g., if You have a VoIP application, then You must not be in violation of their wireless data service agreement when using the mobile application; and (6) You acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Use against you as a third-party beneficiary thereof.

SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in Our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in Our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in Our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to Our systems; and (5) otherwise manage the Site in a manner designed to protect Our rights and property and to facilitate the proper functioning of the Site.

We have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof), without incurring any resulting obligations or liability if You (i) provide any information that is untrue, inaccurate, not current, or incomplete; (ii) the applicable Paid Term ends or is terminated; (iii) We receive a judicial or governmental order, subpoena, which requires Us to do so; (iv) We believe in Our sole discretion that You have (a) failed to comply with the Terms of Use, used the Site beyond the rights provided to You, or (b) You have been involved in any fraudulent, criminal, or unlawful and misleading activities relating to the use of the Site.

TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while You use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, AT OUR SOLE DISCRETION.

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.

Provisions in these Terms of Use that by their nature are intended to survive termination of these Terms of Use will so survive, including, but not limited to the following sections: Important disclaimers, Fees, Privacy, Copyright policy Intellectual property, Termination, Disclaimer of Warranty, Limitation of liability, Indemnification, Governing law and dispute resolution, and General.

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.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. You agree that We have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate Us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

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).

GOVERNING LAW

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.

CORRECTIONS

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.

DISCLAIMER

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.

NOTWITHSTANDING ANY OTHER MORE RESTRICTIVE LIMITATION OF LIABILITY SET FORTH IN THESE TERMS OF USE, OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR ITS SUBJECT MATTER AND TO ANYTHING WHICH IT HAS DONE OR NOT DONE IN CONNECTION WITH THE SAME (WHETHER FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY OR OTHERWISE, SHALL BE LIMITED IN AGGREGATE FOR ALL CLAIMS ARISING DURING THE PAID TERM(S) TO 100% OF THE TOTAL OF ALL AMOUNTS PAID BY YOU IN THE 12 MONTH PERIOD PRECEDING THE DATE SUCH CLAIM IS FIRST MADE.

INDEMNIFICATION

You agree to defend, indemnify, and hold Us harmless, including Our subsidiaries, affiliates, and all of Our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) any delay to repair, fix, or update any defective portion of the Site and its applicable services; (2) use of the Site; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; (6) any overt harmful act toward any other user of the Site with whom You connected via the Site; (7) any negligent act or omissions by Us when maintaining the Site; or (8) breach of any relevant data protection laws. Notwithstanding the foregoing, We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Us, and You agree to cooperate, at your expense, with Our defense of such claims. We will use reasonable efforts to notify You of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

USER DATA

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.

DATA PROTECTION
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

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in Our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. Any and all changes to the Terms of Use may be found by viewing the “Last Updated” date of these Terms of Use. It is your responsibility to periodically review these Terms of Use to stay informed of updates, and You waive any right to receive any specific notice of each such change. You will be subject to and will be deemed to have been made aware of and to have accepted, any changes to the Terms of Use, by your continued use of the Site following the date such revised Terms of Use are posted.

MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by Us on the Site or in respect to the Site constitute the entire agreement and understanding between You and Us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses You may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

CONTACT US

In order to resolve a complaint regarding the Site or to receive further information regarding the use of the Site, please contact Us at: support@guestyforhosts.com