Terms of Service | CloudStay

1. Acceptance of Terms

Welcome to CloudStay. By accessing or using our vacation rental management platform, websites, applications, and related services (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Service.

These Terms constitute a legally binding agreement between you and CloudStay, Inc. ("CloudStay," "we," "our," or "us").

2. Description of Service

CloudStay provides a software-as-a-service (SaaS) platform that enables property managers and vacation rental owners to:

Create and manage direct booking websites for their properties
Sync listings, availability, and bookings with Property Management Systems (PMS)
Process payments from guests
Manage guest communications and bookings
Embed booking widgets on external websites

3. Account Registration

To use certain features of the Service, you must register for an account. When registering, you agree to:

Provide accurate, current, and complete information
Maintain and promptly update your account information
Keep your password secure and confidential
Accept responsibility for all activities under your account
Notify us immediately of any unauthorized use of your account

We reserve the right to suspend or terminate accounts that violate these Terms or contain inaccurate information.

4. Subscription and Payments

4.1 Subscription Plans

CloudStay offers various subscription plans with different features and pricing. Plan details are available on our pricing page. We reserve the right to modify pricing with 30 days' notice.

4.2 Payment Terms

Subscriptions are billed in advance on a monthly or annual basis
All fees are non-refundable except as expressly stated in these Terms
You authorize us to charge your payment method for all applicable fees
Failed payments may result in suspension of service

4.3 Transaction Fees

Bookings processed through CloudStay may be subject to transaction fees as specified in your subscription plan. Payment processing fees charged by third-party providers (e.g., Stripe) are additional.

5. Host Responsibilities

As a property host using CloudStay, you agree to:

Provide accurate and truthful property listings and descriptions
Ensure your properties comply with all applicable laws and regulations
Maintain appropriate licenses, permits, and insurance for your rental activities
Honor confirmed bookings and provide accommodations as described
Respond promptly to guest inquiries and issues
Collect and remit applicable taxes as required by law
Comply with all anti-discrimination laws and fair housing regulations

6. Guest Responsibilities

Guests booking through CloudStay-powered websites agree to:

Provide accurate booking information
Comply with property rules and house guidelines
Treat properties with respect and report any damages
Adhere to cancellation policies
Not engage in illegal activities on the premises

7. Prohibited Uses

You may not use the Service to:

Violate any applicable laws or regulations
Post fraudulent, misleading, or deceptive listings
Infringe on intellectual property rights of others
Transmit malware, viruses, or harmful code
Attempt to gain unauthorized access to our systems
Interfere with or disrupt the Service or servers
Scrape, harvest, or collect data from the Service without authorization
Use the Service for any purpose other than its intended use

8. Intellectual Property

8.1 Our Intellectual Property

The Service, including its design, features, content, and technology, is owned by CloudStay and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works without our written permission.

8.2 Your Content

You retain ownership of content you upload to the Service (e.g., property photos, descriptions). By uploading content, you grant CloudStay a non-exclusive, worldwide, royalty-free license to use, display, and distribute your content in connection with providing the Service.

9. Third-Party Services

The Service integrates with third-party services including Property Management Systems, payment processors, and email services. Your use of these third-party services is subject to their respective terms and privacy policies. CloudStay is not responsible for the actions or omissions of third-party service providers.

10. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

CloudStay acts as a technology platform connecting hosts and guests. We are not a party to rental agreements between hosts and guests, and we do not guarantee the quality, safety, or legality of listed properties.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLOUDSTAY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICE.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

12. Indemnification

You agree to indemnify, defend, and hold harmless CloudStay and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from your use of the Service, your violation of these Terms, or your violation of any rights of third parties.

13. Termination

You may terminate your account at any time by contacting us. We may suspend or terminate your access to the Service immediately, without prior notice, for any reason, including breach of these Terms.

Upon termination, your right to use the Service will cease immediately. Provisions that by their nature should survive termination will remain in effect.

14. Dispute Resolution

Any disputes arising from these Terms or your use of the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. You agree to waive any right to participate in a class action lawsuit or class-wide arbitration.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles.

16. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last updated" date. Your continued use of the Service after such modifications constitutes your acceptance of the updated Terms.

17. Contact Information

If you have any questions about these Terms, please contact us at:

Email: legal@cloudstay.io
Address: CloudStay, Inc.