Welcome to Guesty, a property and vacation rental management software platform (the “Guesty Platform”). The Guesty Platform is owned and operated by Guesty, Inc., a Delaware corporation, and its subsidiaries (collectively, the “Company”, “Guesty”, “we”, “us” and/or “our”).
For users of Guesty Lite, please refer to the Terms of Service specific to Guesty Lite Platform, which shall also be incorporated herein by reference.
Please read the following Terms of Service (the “Terms”) carefully. By using, accessing, or applying to register to the Guesty Platform, by any of the means acceptable to Guesty, including through the execution of a binding agreement (all will be referred to herein as the “Guesty Contract”), the customer (“Customer” and/or “You”) agrees to be bound by these Terms. The Guesty Contract is incorporated into these Terms.
1. Guesty Platform
1.1 General
The Guesty platform provides a comprehensive suite of tools for managing short-term rental properties (“Listing(s)“) rented to guests (“Guest(s)“) across various third-party channels. The Guesty Platform includes multiple functions such as reservation management, channel management, automation tools, financial management, task management, and analytics and reporting.
The Guesty Platform can also be used with third-party online travel agencies (such as Airbnb, Booking, and others) integrated into the Guesty Platform (“Third Party Channels”). By using the Guesty Platform, Customers can also manage interactions with external third-party service providers (“Third Party Service Providers”).
1.2 Customer’s Account
Each Customer has an “Account” on the Guesty platform to manage multiple listings. The Account is accessible by the Account’s administrator (“Admin User(s)”), who is given tools for managing the Guesty Account.
The Admin User can set up additional user accounts and assign various types of account permissions to its team members so that they can manage the Listings using Guesty Platform’s property management tools. The Customer must ensure that whomever the Customer designates to use the Guesty Platform as an Admin User or another user, fully complies with these Terms. The Customer is liable for all acts or omissions of the Admin Users and all other users in connection with the Guesty Platform.
In the event of any discrepancy regarding the Customer’s address, the address provided by the Customer during the account registration process shall prevail and be deemed the official address for all billing, invoicing, tax, and contractual purposes.
The Customer is solely responsible for ensuring that the address provided is accurate and up-to-date in their Guesty Account settings. Guesty shall not be held liable for any errors, delays, or miscommunications resulting from outdated or incorrect address information submitted by the Customer.
1.3 Add-On Services
The Customer may also choose to use any of Guesty’s additional add-on services offered within the Guesty Platform, such as a booking website, accounting, guest communication service, price optimizer, etc. (the “Add-On Services“). These Add-On Services may be subject to additional terms and conditions and associated fees.
The Guesty Platform, together with the Add-On Services, will be referred to in these terms as the “Guesty Platform.”
1.4 KYC Process
To use the Guesty Platform, the Customer may be required to complete a Know Your Customer (KYC) process. This includes providing true, accurate, current, and complete information during registration and whenever requested by Guesty. The KYC process may involve submitting additional documentation and materials, such as identification documents, proof of address, and other information deemed necessary by Guesty at its sole discretion.
Guesty reserves the right to verify the information provided and may use third-party services to conduct these verifications. Failure to provide the required information or providing false or misleading information may result in suspension or termination of access to the Guesty Platform and services.
The Customer is fully responsible for any consequences arising from non-compliance with these KYC requirements. By completing the KYC process, the Customer acknowledges and agrees to Guesty’s right to request further information and conduct ongoing due diligence as necessary.
2. Third parties
2.1 Integration with Third-Party Channels
2.1.1. If the Customer wishes to connect their Guesty Account to a Third Party Channel (each such connection is referred to as an “Integration”), the Guesty Platform may need to modify the email or other user credentials the Customer uses with each respective Third Party Channel. Guesty will maintain the Integration with the Customer’s Account on the Third Party Channel. This may require the Customer to change the email address or other user credentials listed on the Third Party Channel.
2.1.2 To ensure proper operation of the Guesty Platform, the Customer must keep its Account on the Third Party Channel connected to their Guesty Account.
2.1.3 Guesty is not responsible for any loss of data, reservations, or revenue due to the Customer’s failure to maintain this connection Integration. The Customer is solely responsible for maintaining this Integration and bears all consequences resulting from any failure to do so.
2.1.4 Once connected to an Integration, the Guesty Platform automatically imports the Listings and Guest-related data (including Third Party Channels fees) into the Customer’s Account on the respective Third Party Channel. Guesty allows the Customer to manage future reservations (reservations that were already booked with future check-in dates) on the Guesty Platform once the Integration is completed. These reservations will be charged regularly according to the terms of the Guesty Contract.
2.1.5 The Guesty Platform also integrates with “Channel Managers” (i.e., software tools allowing to synchronize and manage Listings across multiple booking platforms which Guesty does not have direct Integration with). These Channel Managers are subject to their own terms of use that the Customer must comply with.
2.1.6 Customers are responsible for all payments to Third-Party Channels. Guesty may also charge additional fees for the integrations with Channel Managers or other Integrations designated by Guesty as ‘Premium Channels’ as outlined in the Guesty Contract. Guesty does not assume liability for any issues arising in the Customer’s Account with a Third Party Channel.
2.2 Third-Party Service Providers
Guesty shall not be responsible for Third-Party Service Providers. All communications, transactions, payments, and engagements with Third-Party Service Providers are exclusively between the Customer and the relevant Third-Party Service Provider. Guesty does not screen, endorse, or recommend Third-Party Service Providers and cannot confirm their professional qualifications, skills, licenses, permits, or insurance coverage.
2.3 Payment Processing Services
Guesty payment processing services are provided by GuestyPay or other third parties and offered to the Customer on an “as-is” and “as-available” basis (“Payment Processor“). Guesty is not liable for errors or malfunctions in such payment processing services.
The Customer is 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 integration with the Customer’s Guesty Account. Guesty may deduct or withhold any amounts collected through the payment process service, to the extent Guesty determines it to be necessary.
3. Fees and Payment Terms
3.1 Service Fees. Use of the Guesty Platform and the Add-On Services is subject to the fees at the rates, packages, schemes, amounts, and payment cycles agreed upon by the Customer and the Company under the Guesty Contract. The Guesty fees may include, without limitation, fees for Add-On Services, Guesty Pay, or any other associated fee related to the use of the Guesty Platform. If the Customer activates a listing during a calendar month, the applicable fee for that month shall be charged on a prorated basis.
3.2 Change of Fees. Guesty may periodically adjust fees, rates, packages, and payment cycles, and will notify the Customer in advance of any such changes. The Customer’s continued use of the services after such modifications constitutes acceptance of the updated terms.
3.3 Minimum Monthly Fee. Guesty will charge the Customer a minimum monthly fee, starting 30 days from the effective date of the Guesty Contract (the “Minimum Monthly Fee”). Guesty will only charge the Minimum Monthly Fee (or part thereof) if the Guesty Property Management Software fee for an applicable month does not add up to the amount specified in the Guesty Contract.
3.4 Selected Currency. Unless otherwise specified, all fees are displayed in U.S. Dollars (USD). Notwithstanding the foregoing, Guesty may offer the Customer the option to pay all applicable service fees in a currency other than USD, provided such currency is supported by Guesty. The currency selected by the Customer during the Account setup process (the “Selected Currency”) shall apply to all fees, charges, and payments due under the Customer’s Contract and within the Customer’s Account, in accordance with Guesty’s official price list for such currency. For the avoidance of doubt, the amount charged will be in the Selected Currency even if the fees are displayed or referenced in USD.
Guesty’s official price lists for selected currencies are based on exchange rates provided by third parties and may not reflect the actual rate applied by your bank or payment provider. Guesty is not responsible for any differences resulting from currency conversion fees, exchange rate fluctuations, or charges imposed by any financial institution. The Customer is solely responsible for any such additional costs.
3.5 Payment Methods. The Customer must settle all fees using a credit card or other accepted payment methods provided by Guesty. By providing payment details, the Customer authorizes charges for applicable fees, surcharges, or commissions as agreed with their payment provider. It is the Customer’s responsibility to ensure that the billing information remains accurate, complete, and current, and to promptly update Guesty of any changes. Invoices will be issued by Guesty or its subsidiaries. Payment processing may involve a third-party Payment Processor, for which Guesty is not liable for any mishandling of payment information or security breaches.
If multiple credit cards are linked to the Account, Guesty reserves the right to charge the default payment method at any time for any outstanding balances or transactions associated with the Account.
3.6 Refunds and Set-off. Except as set forth in these Terms or the Customer’s Contract, the Customer is not entitled to any refunds or reimbursements in connection with the Guesty Platform, the Add-On Services, or any associated fees. In any event, the Customer is not entitled to a refund for partial use of the Guesty Platform. The Customer is prohibited from offsetting or deducting amounts from fees owed to Guesty.
3.7 Failure to Pay. All Guesty’s fees that cannot be processed via the payment method provided by the Customer, as well as outstanding fees for which no payment method has been provided, are considered overdue. Non-payment of any overdue fee within seven (7) calendar days from its initial due date constitutes a violation of these Terms, entitling Guesty to suspend the Customer’s Account by providing the Customer a prior written notice of at least seven (7) calendar days. Non-payment of any overdue fees within fourteen (14) calendar days from their initial due date, subsequent to the notification as described above, constitutes a significant breach of these terms that could be subject to additional legal collection procedures. Guesty reserves the right to pursue all available legal remedies to collect overdue fees.
3.8 Late Payment. Without waiving any other rights and remedies available to Guesty under applicable law, overdue fees may accrue interest at a rate determined in accordance with applicable law or at a rate of 1.5% per month, whichever is higher, accumulated monthly on the outstanding balance from the due date until the date of actual payment. The Customer agrees to reimburse Guesty for all legal costs, chargebacks, chargeback fees, credit card commissions, and attorney fees incurred in the process of collecting overdue or disputed fees.
3.9 Deactivation of Listing. The Customer may deactivate a Listing, and charges for that Listing will cease within thirty (30) days following the deactivation.
3.10 Percentage Model Accounts. The commission fee will be calculated based on the gross booking value associated with all the reservations, prior to applying any deductions such as credit, refunds, or any channel reservation fees (a minimum fee of 3 USD will apply for each reservation).
3.11 Active Listing Fee for Percentage Model Accounts. Guesty will charge an active listing fee of $1 per listing per month for each active listing that does not generate any reservations billed in the respective month (“Active Listing Fee”). This Active Listing Fee will be invoiced independently of the regular ‘Service Fee’ (as defined in the Customer’s Guesty Contract).
3.12 Fees for canceled reservations. If a reservation is canceled by the guest, the host, or the Customer, Guesty will charge the greater of: (i) a fixed cancellation fee of USD 3; or (ii) the Customer’s applicable commission rate calculated from the gross booking value of the canceled reservation.
4. Term and Termination.
4.1 Term. Unless otherwise stated in the Guesty Contract, the term of the Guesty Contract shall be valid for 13 months (including the Onboarding process) from the Guesty Contract’s Effective Date and will automatically renew for successive 12-month terms (each, a “Term“), unless either party provides written notice of non-renewal to the other at least thirty (30) days before the end of the current Term. These Terms will remain in effect for any minimum term agreed upon in the Guesty Contract and thereafter until terminated or canceled by either party in accordance with the Guesty Contract.
4.2 Termination by the Customer. In the event the Customer terminates its Account prior to the expiration of the Term, an Early Termination Fee will apply as stated in clause 4.4 below. If the Customer does not follow Guesty’s instructions upon termination of the Account, including deactivating all of its listings, the Guesty Contract will remain in effect, and the Customer will remain liable for any applicable fees. The Guesty Contract will only be considered fully terminated once all deactivation steps are completed.
4.3 Suspension or Termination by the Company. In addition to any remedies that may be available to Guesty under any applicable law,Guesty may promptly temporarily or permanently deny, limit, suspend, or terminate the Customer’s Contract, prohibit the Customer from accessing its Account and the Guesty Platform, and take technical and legal measures to keep the Customer off the Guesty Platform, if we, in Guesty’s reasonable discretion, determine or suspect that (i) the Customer abused the Guesty Platform; or (ii) the Customer breached these Terms; or (iii) the Customer performed any act or omission which is harmful or likely to be harmful to the Company, or any other third party, including other users of the Guesty Platform.
4.4 Payments Upon Termination. Upon termination of the Customer’s Account, the Customer must immediately settle all due fees and payments incurred up through the effective date of termination including all fees applicable to all Guest reservations that were confirmed prior to the termination date (in accordance with the applicable pricing model set forth in the Guesty Contract). Guesty may promptly charge the Customer for any of those fees and payments using the payment method the Customer provided. If the Customer terminates the Guesty Contract, then the Customer shall pay the Company an Early Termination Fee, equal to the amount of the Customer’s Minimum Monthly Fee (as defined in its Guesty Contract) multiplied by the number of the remaining months for the applicable Term under the Guesty Contract.
4.5 Survival. The following Terms along with any other clauses that by their nature should survive termination, shall survive termination: Fees, Privacy, Copyright policy Intellectual property, Termination, Disclaimer of Warranty, Limitation of Liability, Indemnification, Governing law and dispute resolution, and General.
5. Add-On Services.
5.1 The Guesty’s Add-On Services may be subject to additional terms and conditions, as well as associated fees, which will be outlined separately in the Guesty Contract and/or the Add-On Services’ designated terms and conditions. By opting to use any Add-On Services, the Customer agrees to comply with all applicable terms and conditions governing these services, and is responsible for paying any related fees as specified.
5.2 Guest Communication Service (GCS)
The GCS may be facilitated by a certified third party. In order for the GCS team to access the Customer’s Account, it may need to create a unique user. The Customer acknowledges and agrees that if the designated contact person cannot be reached by the GCS team, or if the Customer is unable to address the inquiry, they may not be able to respond to the inquiry properly or promptly.
The Customer acknowledges that it is solely its responsibility for any matters related to GCS accessing its Account, and Guesty will not be liable for any actions or damages resulting from such access.
Future reservations that were made before canceling the GCS will be charged according to the terms of the Guesty Contract.
The Customer is entitled to cancel GCS by providing 30 days written notice to Guesty.
5.3 Booking Website Tool (Booking Engine). The Customer may opt to use Guesty’s website creation services. By using the website creation services, the Customer agrees and acknowledges the following:
The Customer bears full responsibility for all content uploaded, posted, transmitted, or otherwise made available on the website created by the Customer (referred to as the “Content“). The Customer acknowledges and agrees that Guesty does not assert ownership over the Content, nor will it be considered the “publisher” of such Content, nor liable for any consequences arising from it.
The Customer is obligated to ensure that the website fully complies with all applicable laws, regulations, accessibility regulations, privacy, and any other contractual terms governing its use, including those specific laws relevant to the Customer, its guests, and/or website visitors in any geographic location.
The Customer’s utilization of the service does not guarantee compliance with applicable laws, including but not limited to data protection and website accessibility laws, and Guesty bears no responsibility for the Customer’s adherence to such laws.
The Customer is exclusively responsible for establishing terms of service for its website and a privacy policy that aligns with all applicable laws.
Notwithstanding the foregoing, Guesty shall not be held accountable or liable to the Customer, its guests, or website visitors for any breaches of applicable law committed by the Customer or its guests.
6. Technical support; Suspension and Maintenance
6.1 Technical support
Guesty will provide the Customer technical support for questions, problems, and inquiries regarding the Guesty Platform during regular business days and hours, and pursuant to the support scheme, hours and channels as may vary depending on the nature and complexity of the issue.
Guesty will make genuine efforts to respond to the Customer’s technical questions, problems and inquiries quickly. However, Guesty: (i) may not provide such support for matters that deem, at Guesty’s sole discretion, to require unreasonable time, effort, costs, or expenses; (ii) make no promises or warranties as to any specific response-time or to the successful or satisfactory resolution of the question, problem or inquiry. Note that Guesty may also refer the Customer to the Guesty Platform’s Help Center or FAQ pages, which provide explanatory sections about various aspects of the Guesty Platform.
6.2 Changes; Temporary Suspension
Guesty will make genuine efforts to notify the Customer ahead of time of any changes or temporary suspension of the Guesty Platform but cannot guarantee to do so in circumstances where urgent changes are required (such as for reasons of compliance with applicable laws or to address security issues).
Guesty may, at any time and without prior notice, change the layout, design, scope, features, or availability of the Guesty Platform. Such changes may, by their nature, cause inconvenience or even malfunctions. THE CUSTOMER ACKNOWLEDGES AND AGREES THAT GUESTY DO NOT ASSUME ANY RESPONSIBILITY WITH RESPECT TO, OR IN CONNECTION WITH THE INTRODUCTION OF SUCH CHANGES OR FROM ANY MALFUNCTIONS OR FAILURES THAT MAY RESULT THEREFROM.
6.3 Periodic Maintenance
Guesty may perform periodic maintenance on the Guesty Platform or any of the Add-On Services, in whole, or part, for all users, or for certain users to ensure optimal performance and security. Scheduled maintenance will be communicated to Customers in advance via email or through the Guesty Platform.
In the event of critical issues that require immediate attention to prevent or resolve significant disruptions, Guesty may perform unscheduled maintenance without prior notice. Guesty will notify Customers as soon as possible if unscheduled maintenance is necessary. Guesty will make reasonable efforts to minimize the impact of unscheduled maintenance on the availability and functionality of the Guesty Platform.
7. API
Guesty grants the Customer a non-exclusive, non-transferable, revocable license to access and use the Guesty API for integrating the Guesty Platform with the Customer’s systems. The Customer must obtain and keep an API key confidential, and must not exceed rate limits or use the API for competing products or illegal activities. The Customer agrees to comply with data protection laws and Guesty’s Privacy Policy and to cease using the API and delete any retrieved data if access is terminated at Guesty’s sole discretion. The API is provided “as-is” without warranties. By using the API, the Customer agrees to comply with Guesty’s API T&C.
8. Acceptable use
Guesty may, from time to time, issue guidelines, rules, and instructions addressing technical, business, marketing, and operational matters concerning the Guesty Platform and its use. The Customer shall follow these guidelines and instructions.
When using the Guesty Platform, the Customer must refrain from:
8.1 Breaching these Terms, other Guesty Contract terms, or any applicable rules and instructions Guesty provide;
8.2 Engaging in any activity that constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law or regulations, including laws governing privacy, defamation, spam, and intellectual property;
8.3 Interfering with, burdening, or disrupting the functionality of the Guesty Platform;
8.4 Breaching the security of the Guesty Platform or identifying any security vulnerabilities in it;
8.5 Circumventing or manipulating the operation or functionality of the Guesty Platform, or attempting to enable features or functionalities that are otherwise disabled, inaccessible, or undocumented;
8.6 Using or launching any automated system, including robots, crawlers, and similar applications, to collect and compile content from the Guesty Platform;
8.7 Displaying the Guesty Platform or any part thereof in an exposed or concealed frame, or linking to elements or portions of the Guesty Platform independently from the manner in which they originally appear or are made available;
8.8 Impersonating any person or entity or making any false statements regarding the Customer’s identity, medical condition, agency, or affiliation with any person or entity;
8.9 Collecting, harvesting, obtaining, or processing personal information about other users of the Guesty Platform;
8.10 Using the Platform before the age of 18 years; and
8.11 Using the Guesty Platform for any commercial or other purposes not expressly permitted by these Terms or in a manner that falsely implies Guesty’s endorsement, partnership, or otherwise misleads others as to the Customer’s affiliation with Guesty, or to develop or create a similar or competitive service.
The Customer may not post or submit any information or use the Guesty Platform in conjunction with any materials that: (a) Infringe or violate the rights of others, including a person’s right to privacy, or otherwise cause harm to anyone; (b) Depict or identify minors, their details, their address, or ways to contact them; (c) Include software viruses, spyware, or any other malicious applications; (d) Posting, publication, dissemination, or making available to the public, are prohibited by any applicable law, including court orders; (e) Are threatening, abusive, harassing, defamatory, libelous, vulgar, violent, obscene, or racially, ethnically, or otherwise objectionable; or (f) Include unsolicited commercial communications (‘spam’), chain letters, or pyramid schemes.
If the Customer finds any content on the Guesty Platform that violates these Terms, please contact Guesty at contact@guesty.com. Guesty will review every request and take necessary action.
Guesty may employ technological measures to detect and prevent fraudulent or abusive use of the Guesty Platform, in accordance with Guesty’s Privacy Policy. Guesty may suspend the Customer’s Account or block the Customer’s access to and use of the Guesty Platform without prior notice if Guesty reasonably believes that the Customer has misused the Guesty Platform.
9. Taxes
Guesty’s fees do not include VAT or sales tax, or any other tax that may be applicable. If these taxes apply, the Customer will be charged accordingly, and the Customer consents to those charges.
The Customer is solely responsible for completing and filing all tax forms, declarations, and submissions to the tax authorities as required by the tax laws applicable to the Customer and for paying all applicable taxes in connection with the Customer’s Properties and the income the Customer generates from them.
10. Regulation and Customer Data
The Customer hereby instructs Guesty to process any Guest and other personal data elements that the Customer chooses to make available to or through the Services or that are otherwise shared with Guesty in order to provide and improve the Services (hereinafter “Personal Data”). When Guesty follows these instructions, it is operating as the Data Processor. The Customer is the Data Controller who determines which Personal Data elements are relevant, and based on that analysis, and subject to obtaining all required consents, decides in its sole discretion which Personal Data elements to make available to or through the Service or otherwise share with Guesty. In these situations, Guesty processes the Personal Data on your behalf. The Customer also provides permission to Guesty to use Sub Processors of personal data to provide you with and improve the Services. Guesty’s Data Processing Addendum is incorporated into these Terms by reference.
The Customer shall have sole responsibility for compliance with various data protection regulations including GDPR. The Customer should satisfy the data subjects’ rights such as modification, transfer, deletion, consent for marketing activities, etc. regarding the personal data by using the tools Guesty Platform provides. Guesty should not be liable for any failure of the Customer to comply.
The Customer shall have sole responsibility for compliance with all relevant regulations governing the use and protection of any personal data stored by it outside the Guesty Platform. Guesty will not be liable for any failure of the Customer to comply. Guesty requires, and you hereby warrant and represent, that any Personal Data you submit to Guesty to or through the Services, or during or in connection with the Customer’s use of the Services, has not been collected, stored, and transferred to Guesty in violation of any law, regulation, or contractual obligation applicable to you. The Customer shall have sole responsibility for the accuracy, quality, and legality of the data and the means by which you acquired the Personal Data.
Guesty shall not be responsible for any inaccurate, incorrect, or misleading information that the Customer, the Admin Users, or other users provide to Guests or prospective Guests. Guesty shall also not be responsible for any such information that the Guesty Platform provides to Guests or prospective Guests on the basis of information or data that originates from the Customer, Admin Users or other users, Third Party Channels, or Third Party Service Providers. The Customer shall be solely responsible for any content it provides, publishes, transmits, displays, or otherwise communicates through the Guesty Platform and for the consequences associated with doing so.
Guesty shall not be responsible for the completeness, accuracy, legality, or reliability of the data that originates or is imported from Third Party Channels (including property listings, reservations, rankings, past guests, communications with guests, etc.).
The Customer is solely responsible for the Customer’s compliance, or non-compliance, with any and all requirements under any law or regulation regarding the Customer’s use of the Guesty Platform, the Properties, renting the properties out, or accommodating Guests.
The Customer shall conduct its marketing activities in relation to the Guesty Platform, in compliance with all laws and regulations. Guesty provides the tools to collect online consent from relevant data subjects for marketing activities. Guesty should not be liable for any failure of the Customer to comply.
Although Guesty use advanced methods to store, backup and maintain the Customer’s Account data Guesty do so as a mere courtesy to the Customer and the Customer remains exclusively responsible for maintaining its backups.
11. Privacy, AI Use, and Copyright policies
Guesty respect the Customer’s privacy. Guesty’s Privacy Policy, incorporated into these Terms by reference, explains the privacy practices on the Guesty Platform. Guesty reserves the right to revise Guesty’s Privacy Policy, in whole or in part, at any time. By continuing to use the Guesty Platform and Guesty services, The Customer acknowledges that it has read the updated Privacy Policy and agrees that any use is subject to the terms.
Guesty is committed to the responsible use of artificial intelligence. Guesty’s AI Use Policy, incorporated into these Terms by reference, explains how Guesty uses artificial intelligence technologies in connection with the Services and sets forth the terms, limitations, and disclaimers applicable to AI-enabled features and services. Guesty reserves the right to revise its AI Use Policy, in whole or in part, at any time. By continuing to use the Guesty Platform and Guesty services, the Customer acknowledges that it has read the updated AI Use Policy and agrees that any such use is subject to its terms
Requests to remove content due to alleged copyright infringement must be submitted in accordance with Guesty’s Copyright Policy, which is incorporated into these Terms by reference. Upon receiving a request to remove or re-post content on the Guesty Platform, Guesty will review the request and take appropriate action as necessary.
12. Intellectual property
The Guesty Platform is protected by copyright laws, international copyright treaties, and other intellectual property laws and treaties. The Guesty Platform is made available for use and access, not sold or licensed.
All rights, title, and interest in and to the Guesty Platform, including without limitation, patents, copyrights, trademarks, trade names, service marks, trade secrets, and other intellectual property rights and any goodwill (excluding any content the Customer submits to the Guesty Platform and any content imported from third-party sources), are the exclusive property of the Company and its licensors. This includes the Website’s design, graphics, computer code, domain name, and overall “look and feel”.
The Customer may not, either by itself or by a third party on the Customer’s behalf, copy, distribute, display or perform publicly, sublicense, decompile, disassemble, reduce to human-readable form, execute publicly, make available to the public, adapt, make commercial use of, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of the Guesty Platform or any part thereof, in any way or by any means. The Customer may not use Guesty’s name, mark(s), logo(s), domain name, or any other name, mark(s), logo(s), or domain name that is similar thereto. The Customer must refrain from any action or omission that may dilute, or damage Guesty’s goodwill.
13. Guesty Mobile Application
13.1 Guesty APP. The Customer may be able to access and use the Guesty Platform through Guesty’s designated mobile application (the “App”).
13.2 Third Parties’ terms. The Customer’s use of the App may be subject to additional third-party terms and conditions that govern the application marketplace from which the Customer downloaded the App, such as Google Play or Amazon Appstore for Android. Those other third parties may be beneficiaries of these Terms, pursuant to those marketplace’s terms. Such other third parties are not responsible for providing maintenance and support services with respect to the App.
13.3 Apple’s App Store
By downloading the Guesty app via the App Store, the Customer agrees to comply with all applicable terms and conditions set forth by Apple Inc. for the use of their platform and services. This includes but is not limited to, any terms outlined in the Apple App Store Terms of Service and the Apple Developer Program License Agreement. Failure to comply with these terms may result in restrictions or termination of the Customer’s access to the Guesty app and related services. In the event of a conflict between these Terms and the App Store Terms of Service then the App Store Terms of Service will prevail, solely with respect to the conflicting provisions.
Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms. Upon The Customer’s acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against the Customer as a third party beneficiary thereof. The Customer represents and warrants that (i) the Customer is 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) the Customer is not listed on any U.S. Government list of prohibited or restricted parties.
14. Pilot Rollout Phase
The Company may invite Customers to participate in a pilot program for new features that are not yet available to all users on the Guesty Platform and are currently in the testing phase (“Pilot“). During the Pilot, Guesty’s Product team monitors the usage of these new features and collects feedback from users to determine if the features are ready for full-scale release or if further modifications and fine-tuning are necessary. Participation in the Pilot may be subject to the Pilot terms and conditions, which may be amended as needed.
15. Amendments to the Terms
Guesty may revise these Terms, in whole, or in part, at any time, and from time to time. By continuing to use the Guesty Platform and Guesty services, the Customer agrees that it has read the updated Terms of Service and that any use is subject to it. In case of legal requirement or necessity, Guesty may also introduce immediate changes to these Terms. The latest version of the Terms and their effective date will always be accessible on Guesty’s websites.
16. Keynotes about Guesty
The Guesty Platform does not manage the Customer’s Listings, the Customer does. Guesty and its personnel do not ordinarily visit the Customer’s properties. Guesty is not a real estate agent or broker, a travel agent, nor a provider of travel services and Guesty does not guarantee that the Customer will rent out properties at all times or at all, Guesty does not guarantee any expected business outcomes or earnings from using the Guesty Platform and/or the Add-Ons Services.
Guesty is not a party to any engagements, transactions or dealings between the Customer and its Guests. Guesty and its officers, partners, or related parties, shall not be responsible for (without limitation): (i) the properties, their condition, quality, suitability and safety for Guests, the legality of renting them out to Guests, the maintenance of Customer’s properties or the provision or replenishment of supplies in properties or for any thefts, break-ins or vandalism at or to the Customer’s properties, or any other conduct or misconduct taking place in the Customer’s properties; (ii) Customers’ policies regarding Guests’ use of the property or cancellation and refunds for Guests or prospective Guests, and the legality of the policies that the Customer establishes; (iii) Customers’ insurance coverage such as for damage to properties and Guest injuries; (iv) actions of the Customer’s Guests or prospective Guests, be it with respect to the conduct they engage in in the properties, their failure to pay or settle amounts due, the reviews they (or anyone else) post, or any other aspect of their dealing with the Customer; (v) any injuries that Guests or other third parties sustain on the properties.
17. DISCLAIMER OF WARRANTY
THE GUESTY PLATFORM AND ADD-ON SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND. GUESTY AND ITS AFFILIATES, AND AFFILIATES’ EMPLOYEES, DIRECTORS, OFFICERS, SUBCONTRACTORS, AGENTS AND REPRESENTATIVES (COLLECTIVELY, “PERSONNEL”) DISCLAIM ALL REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE GUESTY PLATFORM AND ADD-ON SERVICES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON- INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY, ACCURACY, ENHANCED GOODWILL OR EXPECTED BENEFITS. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE OR PERFORMANCE OF THE GUESTY PLATFORM AND ADD-ON SERVICES, WHETHER OR NOT MADE BY ANY OF GUESTY’S PERSONNEL, WHICH IS NOT EXPRESSLY CONTAINED IN THESE TERMS, SHALL BE DEEMED TO BE A WARRANTY BY GUESTY, ITS AFFILIATES, OR THE PERSONNEL FOR ANY PURPOSE, OR GIVE RISE TO ANY LIABILITY OF GUESTY, ITS AFFILIATES, OR THE PERSONNEL WHATSOEVER.
18. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GUESTY,ITS AFFILIATES, AND THE PERSONNEL, SHALL NOT BE LIABLE TO THE CUSTOMER FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, STATUTORY, INCIDENTAL OR CONSEQUENTIAL DAMAGE, LOSS OF PROFIT, LOSS OF DATA, LOSS OF BUSINESS OPPORTUNITIES, AND ANY INTANGIBLE OR ECONOMIC LOSS, WHETHER BASED ON TORT, NEGLIGENCE, OR ANY OTHER THEORY OF LIABILITY, WHERE SUCH ARISES FROM OR IN CONNECTION WITH: (A) THE GUESTY PLATFORM AND ADD-ON SERVICES, (B) THE USE OF OR THE INABILITY TO USE THE GUESTY PLATFORM AND ADD-ON SERVICES, (C) THE CUSTOMER’S ACCOUNT, (D) THIRD PARTY CHANNELS OR THIRD PARTY SERVICE PROVIDERS, (E) GUESTS’ CONDUCT OR MISCONDUCT, (F) USERS’ USE OF THE GUESTY PLATFORM AND ADD-ON SERVICES, (G) THE CUSTOMER’S RELIANCE UPON OR THE EXPECTED OUTCOME OR BENEFITS FROM THE GUESTY PLATFORM AND ADD-ON SERVICES, (H) ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE GUESTY PLATFORM AND ADD-ON SERVICES, (I) ANY FAULT, OR ERROR MADE BY GUESTY PERSONNEL, (J) DENIAL OR CANCELATION OF THE CUSTOMER’S ACCOUNT, OR (K) FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF DATA ON THE GUESTY PLATFORM AND ADD-ON SERVICES. IN ADDITION, GUESTY AND ITS PERSONNEL SHALL NOT BE LIABLE TO THE CUSTOMER FOR ANY DAMAGE ARISING FROM EVENTUALITIES DISCLAIMED UNDER THESE TERMS INCLUDING UNDER THE SECTION TITLED “KEYNOTES ABOUT GUESTY” ABOVE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GUESTY’S TOTAL, MAXIMUM AND AGGREGATE LIABILITY TO THE CUSTOMER FOR ANY LIABILITY UNDER THESE TERMS SHALL BE LIMITED TO THE AMOUNTS THE CUSTOMER PAID GUESTY (IF ANY) IN THE THREE MONTHS PRECEDING THE EVENT PURPORTEDLY GIVING RISE TO THE LIABILITY. THIS AMOUNT LIMITATION SHALL NOT APPLY IN THE EVENT THAT THE LIABILITY WAS CAUSED BY GUESTY WILLFUL MISCONDUCT.
19. Indemnification
To the maximum extent permitted by law, the Customer will indemnify, defend, and hold harmless, Guesty, its affiliates, their users and partners, and the Personnel at the Customer’s own expense and immediately after receiving written notice thereof, from and against any damages, losses, costs, and expenses, including attorney’s fees and legal expenses, resulting from any plea, claim, allegation or demand, arising from, or in connection with the Customer’s use of the Guesty Platform or Add-On Services, the Customer’s breach of the Terms, the Customer’s violation or infringement of any other person’s rights, the Customer’s communications through the Guesty Platform or Add-On Services, or the eventualities disclaimed under this Terms.
20. Governing law and dispute resolution
20.1 Choice of Law. Regardless of the Customer’s place of residence or where the Customer accesses or uses the Guesty Platform from, these Terms and the Customer’s use of the Guesty Platform will be governed by and construed solely in accordance with the laws of the State of Delaware, 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 Delaware.
20.2 Dispute Resolution. Any and all disputes, claims, or controversies between the Customer or the Customer’s users and the Company regarding these Terms or the use of the Guesty Platform, which are not amicably resolved, shall be settled through binding arbitration (rather than in court) by telephone, online or based solely upon written submissions without in- person appearance, administered by the American Arbitration Association (AAA), under its Commercial Arbitration Rules (which are available at www.adr.org). Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. However, the Customer may lodge claims in small claims court if the Customer’s claim qualifies. The Federal Arbitration Act and federal arbitration law apply to these Terms.
20.3 Remedies. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow these Terms as a court would.
20.4 Dispute Resolution Fees
Payment of filing, administration, and arbitrator fees will be governed by the AAA’s Commercial Arbitration Rules. These fees will be shared equally by the Customer and us unless the arbitrator: (i) determines that the claims are frivolous, in which case the claimant shall bear all such fees arising from the frivolous claim; or (ii) determines that the fees should be allocated differently.
The Customer and the Company hereby acknowledge, agree, and covenant that any such dispute shall only be adjudicated on an individual basis, and not in class, consolidated or representative proceeding. Should a dispute be adjudicated in court, rather than arbitration, for any reason whatsoever, the Customer and the Company each expressly and knowingly waive any right to a jury trial.
Notwithstanding anything to the contrary in this section, the Company may lodge a claim against the Customer: (a) pursuant to the indemnification clause above, in any court adjudicating a third party claim against us; and (b) in connection with the infringement (or alleged infringement) of any Company intellectual property right, in any court of competent jurisdiction having personal jurisdiction over the Customer.
21. General
21.1 Terms like “Including” or “Such as” mean without limitation to the preceding phrase. All examples are illustrative, not exhaustive.
21.2 Entire Agreement. These Terms together with The Guesty Contract, constitute the entire agreement between the Customer and Guesty concerning the subject matter herein and supersede all previous terms and understandings between us (including all prior and contemporaneous negotiations and oral representations, agreements, and statements). In case of conflict between the Guesty Contract and these Terms, the Guesty Contract shall prevail. By signing the Guesty Contract, the signer confirms that they are fully authorized to execute the Guesty Contract on behalf of the Customer and bind the Customer to its terms.
21.3 Waiver and Modification. No waiver, concession, extension, representation, alteration, addition, or derogation from these Terms by us, or pursuant to these Terms, will be effective unless consented to explicitly and executed in writing by Guesty’s authorized representative. Failure on Guesty’s part to demand performance of any provision in these Terms shall not constitute a waiver of any of Guesty’s rights under these Terms.
21.4 Successors and Assigns. These Terms are personal to the Customer and cannot be assigned without Guesty’s prior written consent. Any attempted or actual assignment by the Customer without Guesty’s consent is null and void. Guesty may assign its rights and responsibilities under these Terms or transfer them to a third party, including in the event of a merger, acquisition, change of control, or sale of substantially all assets. Guesty may also assign and delegate any or all rights and obligations under these Terms to Guesty’s subsidiaries (i.e., affiliate companies) without prior notice to the Customer.
21.5 Severability. If any provision is held to be illegal, invalid, or unenforceable, it shall be performed and enforced to the maximum extent permissible to reflect the original intention. The remaining provisions shall remain in full force and effect.
21.6 Contact us. The Customer may contact Guesty with any questions or comments, at: contact@guesty.com
21.7 UK/EU Non-Business User Addendum. If the Customer is a UK or EU resident and use the Guesty Platform and any Add-on services mainly for non-business purposes, please visit UK/EU non-business user addendum.