Welcome to GuestyPay Protect! Our fraud detection solution utilizes advanced artificial intelligence and machine learning to analyze transactions in real-time, effectively identifying genuine customers and detecting potential fraud.
By using GuestyPay Protect (the “Solution”), you agree to the following terms and conditions (“Terms”):
1. Acceptable Use.
1.1. You will use the Solution and will not knowingly permit the use of the Solution in a manner inconsistent with all applicable laws and regulations and your agreements with third parties.
1.2. You will not use the Solution, or knowingly permit the use of the Solution in a manner that is fraudulent, unlawful, deceptive, or misleading, or in any manner harmful to, or intended to harm, any person or third party.
1.3. You are accountable for keeping your information secure. You are also liable for any activity that occurs while using the Solution, such as any changes, additions, or deletions made by you while using the Solution.
2. Use of the Solution.
2.1. By using the Solution, you authorize Guesty to configure the best practices template for the use of the Solution, based on the data included in the GuestyPay users portfolio and benchmark standards. You agree and acknowledge that transactions and/ or Credit Cards will be approved or declined by the Solution based on the configuration template set by Guesty.
2.2. Without derogating from the above, you further agree and acknowledge that the Solution may block the creation of new reservations based on the said configurations set by Guesty.
2.3. Guesty bears no liability and assumes no responsibility for any outcomes arising from the use of the Solution. You are responsible for monitoring the outcomes of the Solution and for any decisions you make in its operation, including decisions to manually accept transactions or Credit Cards or create reservations that the Solution would otherwise reject or block based on the settings provided by Guesty.
2.4. We may share your data provided to us in connection with the Solution with our service providers as needed to help perform essential business functions in connection with the Solution, and any such sharing or use is performed in accordance with all applicable data privacy laws, and with Guesty’s Privacy Policy, which is incorporated into and supplements these Terms.
3. 3D Secure (3DS)
3.1. The Solution may support or integrate with 3D Secure (3DS) authentication mechanisms, which are provided by third-party service providers and/or payment networks (the “3DS Feature”).
3.2. Guesty may, at its sole discretion, apply a default configuration for the 3DS Feature, including applying 3DS authentication to transactions above a certain monetary threshold (the “Threshold”). As of the effective date of these Terms, the default Threshold is set at $1,000, unless otherwise determined by Guesty.
3.3. Where applicable, you are responsible for enabling and properly configuring the 3DS Feature within your account. You may request to modify the Threshold, subject to Guesty’s approval and implementation.
3.4. You further agree and acknowledge that the availability, performance, and effectiveness of the 3DS Feature are dependent on third parties and are outside of Guesty’s control. The 3DS Feature may, due to technical limitations or other factors, fail to trigger, be unavailable, or not be completed for certain transactions, including transactions above or below the Threshold.
3.5. Guesty bears no liability and assumes no responsibility for any outcomes arising from the use of, inability to use, or failure of the 3DS Feature, including, without limitation, any unauthorized transactions, fraudulent activity, or chargebacks, whether or not 3DS authentication was applied. Without derogating from the generality of the above, the 3DS Feature is provided on an “as is” and “as available” basis, and Guesty makes no representations or warranties of any kind, whether express or implied, with respect to the 3DS Feature or its operation.
4. Representations and Warranties.
4.1. You acknowledge that the Solution, including any features, integrations, or functionalities (including, without limitation, the 3DS Feature), utilizes components that are licensed by Guesty from third parties, and that Guesty is not responsible for the performance of such third-party components in the Solution.
4.2. We strive to ensure that the solution will be available 24/7 and that backup systems are in place. However, the performance of the Solution may be impacted by various factors, including hardware, software, and communications networks, which are provided by third parties. We cannot guarantee that the Solution will operate without disruptions, errors, or interruptions, or that it will always be accessible and free from glitches.
4.3. NOTWITHSTANDING ANYTHING TO THE CONTRARY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GUESTY PROVIDES THE SOLUTION, INCLUDING ANY FEATURES OR INTEGRATIONS THEREOF (INCLUDING, WITHOUT LIMITATION, THE 3DS FEATURE), “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, AND NON-INFRINGEMENT. GUESTY DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM THE USE OF THE SOLUTION. GUESTY MAKES NO WARRANTY THAT THE SOLUTION WILL BE UNINTERRUPTED, FREE OF VIRUSES OR OTHER HARMFUL CODE, TIMELY, SECURE, OR ERROR-FREE. YOU USE THE SOLUTION AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR (AND GUESTY DISCLAIMS) ANY AND ALL LOSS, LIABILITY, OR DAMAGES RESULTING FROM YOUR USE OF THE SOLUTION.
5. Limitation of Liability.
5.1. Guesty is not responsible for, and disclaims all liability, for your, your employees, and your agents’ acts or omissions. In no event will Guesty be liable for any lost profits, or any indirect, punitive, incidental, special, consequential, or exemplary damages arising out of, in connection with, or relating to these Terms, including the use of, inability to use, or unavailability of the Solution or any feature or integration thereof (including, without limitation, the 3DS Feature).
5.2. Without derogating from the generality of the above and to the maximum extent permitted by law, Guesty has no liability or responsibility for any of the following: (a) unauthorized entry or trespass or related security services, of any nature whatsoever, resulting from the use of the Solution or any feature or integration thereof; (b) interruption of the Solution or any feature or integration thereof; (c) software bugs, viruses, or other harmful code that may be transmitted to or through the Solution or any feature or integration thereof; (d) errors, inaccuracies, or omissions of information, or any damages or losses incurred as a result of such errors inaccuracies or omissions, resulting from the use of the Solution or any feature or integration thereof; and/or (e) conduct of any third party.
6. Pricing and Payment.
6.1 By using the Solution, you agree to pay all fees that you agreed to upon sign-up and/or under your contract (the “Fee”).
6.2 The Fee will be calculated according to the following pricing milestones and based on the processing volume at each applicable billing cycle:
| For $0 – $30,000 | 0.7% |
| For $31,000 – $50,000 | 0.6% |
| For $51,000 – $100,000 | 0.4% |
| For $101,000 – $500,000 | 0.3% |
| For $501,000 + | 0.2% |
6.3 The Fee shall be made on a monthly billing cycle, on the 1st of each month (“Billing Date”). The Fee for each month will be calculated and invoiced based on the processing volume in the previous month (for example, transactions processed between January 1st and January 31st will be billed on February 1st).
6.4 Guesty may increase the fees at any time, at its sole discretion.
7. Activation and Termination.
7.1 Activation: The Solution will be activated within two (2) business days from the date you accept these Terms.
7.2 Termination by you: You may terminate your use of the Solution by sending a written termination request to payment_processing@guesty.com (“Termination Request”). The termination will be effective within two (2) business days. Regardless of the termination date, you will be charged for the entire month in which the Termination Request was sent.
7.3 Termination by Guesty: In addition to any legal remedies that may be available to Guesty, we may temporarily or permanently suspend or terminate your use of the Solution, if we determine, in our sole discretion, that (i) you have abused your rights to use the Solution; or (ii) you materially breached these Terms; or (iii) you performed any act or omission which is harmful or likely to be harmful to Guesty, or any other third party.
8. Other terms.
8.1 Guesty may update these Terms from time to time. Your continued use of the Solution after any updates to these Terms constitutes your acceptance of the updated Terms.
8.2 Guesty’s Terms of Service, Privacy Policy and AI Use Policy are incorporated into and supplement these Terms. If there is any inconsistency between these Terms and the Terms of Service, these Terms will prevail.
8.3 You may contact Guesty with any questions or comments at Legal@guesty.com.