Terms of Service
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Please read carefully the following Terms of Service. By using, accessing or applying to register to HOSTFULLY, by any of the means acceptable to HOSTFULLY, including through the execution of a binding agreement, the customer agrees to be bound by these Terms.
By selecting the “I agree to Terms of Use” checkbox displayed as part of the ordering process, you agree that you have read, understand, and agree to be bound by the following terms and conditions (the “agreement”) governing your use of HOSTFULLY’s online service (the “service”). If you are entering into this agreement on behalf of a company or another legal entity, you represent that you have the authority to bind such entity, you represent that you have the authority to bind such entity to these terms and conditions, in which case the terms “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with these terms and conditions, you must select the “I decline” button and may not use the service.
HOSTFULLY is a Web Software-as-a-Service (Service), which you the user are entitled to use on a subscription basis through an annual license arrangement with HOSTFULLY. Our software solutions and all related intellectual property, branding, messaging, and content of any other kind are all the exclusive property of HOSTFULLY INC.
Your registration for, or use of, the Service shall be deemed to be your agreement to abide by this Agreement including any materials available on the HOSTFULLY website incorporated by reference herein, including but not limited to HOSTFULLY’s privacy policies.
The Service is offered in several types:
Free Premium Account (Guidebook Platform)
Power Host Account (Guidebook Platform)
Prime Account (Guidebook Platform)
Prime Plus Account (Guidebook Platform)
Professional Account (Guidebook Platform)
Starter Account (Property Management Platform)
Pro Account (Property Management Platform)
Pro Plus Account (Property Management Platform)
Premium Account (Property Management Platform)
The points 7, 8, 9, 10, 11, and 12 do not apply to Free Premium accounts.
1. Privacy
2. License Grant and Restrictions
3. Your Responsibilities
4. Account Information and Data
5. Intellectual Property Ownership
6. Third Party Interactions
HOSTFULLY does not endorse any sites on the Internet that are linked through the Service. HOSTFULLY provides these links to you only as a matter of convenience, and in no event shall HOSTFULLY be responsible for any content, products, or other materials on or available from such sites.
HOSTFULLY provides the Service to you pursuant to the terms and conditions of this Agreement. You recognize, however, that certain third-party providers of ancillary software, hardware or services may require your agreement to additional or different license or other terms prior to your use of or access to such software, hardware or services, and notably Stripe and Braintree (a PayPal company).
7. Charges and Payment of Fees
Adding properties may result in a change of plan. Added properties or rental agencies links to the license will be subject to the following: (i) added properties or rental agencies to the license will be coterminous with the pre-existing License Term (either Initial Term or renewal term); (ii) the license fee for the change of plan resulting from added properties or rental agencies to the license will be calculated so that the remainder of the then-current license plan be accounted pro rata temporis and deducted from the new charge; and (iii) properties or rental agencies to the license added in the middle of a billing month will be charged in full for the pro-rate part of that billing month. HOSTFULLY reserves the right to modify its fees and charges and to introduce new charges at any time, upon at least 30 days prior notice to you, which notice may be provided by e-mail. All pricing terms are confidential, and you agree not to disclose them to any third party.
8. Your Data
9. Confidential Information
The term “Confidential Information” shall mean any and all of HOSTFULLY’s trade secrets, confidential and proprietary information, and all other information and data of HOSTFULLY that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, strategic and other proprietary and confidential information relating to HOSTFULLY or HOSTFULLY’s business, operations or properties, including information about HOSTFULLY’s staff, users or partners, or other business information disclosed directly or indirectly in writing, orally or by drawings or observation.
10. Billing and Renewal
You agree to provide HOSTFULLY with complete and accurate billing and contact information. This information includes your legal name or company name, street address, e-mail address, and name and telephone number of an authorized billing contact and License Administrator. You agree to update this information within 30 days of any change to it. If the contact information you have provided is false or fraudulent, HOSTFULLY reserves the right to terminate your access to the Service in addition to any other legal remedies. Unless HOSTFULLY in its discretion determines otherwise, entities will be billed in U.S. dollars and be subject to either U.S. or non-U.S. payment terms and pricing schemes at the discretion of HOSTFULLY. If you believe your bill is incorrect, you must contact us in writing within 60 days of the invoice date of the invoice containing the amount in question to be eligible to receive an adjustment or credit.
11. Non-Payment and Suspension
12. Termination upon Expiration
Either party may terminate this Agreement, effective only upon the expiration of the then current License Term, by notifying the other party in writing at least five (5) business days prior to the date of the invoice for the following term. In the event this Agreement is terminated (other than by reason of your breach), HOSTFULLY will make available to you a file of the Customer Data within 30 days of termination if you so request at the time of termination. You agree and acknowledge that HOSTFULLY has no obligation to retain the Customer Data, and may delete such Customer Data, more than 30 days after termination.
13. Termination for Cause
14. Indemnification
HOSTFULLY shall have no indemnification obligation, and you shall indemnify HOSTFULLY pursuant to this Agreement, for claims arising from any infringement arising from the combination of the Service with any of your products, service, hardware or business process(s), especially but not limited to the use of a third-payment payment processor via HOSTFULLY dedicated platform.
15. Disclaimer of Warranties
16. Internet Delays
17. Limitation of Liability
18. Notice
19. Modification to Terms
20. General
No joint venture, partnership, employment, or agency relationship exists between you and HOSTFULLY as a result of this agreement or use of the Service.
The failure of HOSTFULLY to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by HOSTFULLY in writing. The provisions of this Agreement are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision is found to be partially or wholly invalid, illegal or unenforceable, (i) such provision shall be modified or restructured to the extent and in the manner necessary to render it valid, legal, and enforceable or, (ii) if such provision cannot be so modified or restructured, it shall be excised from the Agreement without affecting the validity, legality or enforceability of any of the remaining provisions. None of the terms of this Agreement are enforceable by any persons who are not a party to this Agreement. This Agreement, together with any applicable Order Form, comprises the entire agreement between you and HOSTFULLY and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein. This Agreement may not be assigned or transferred by you without HOSTFULLY’S prior written approval. HOSTFULLY may assign or transfer this Agreement without your consent, including but not limited to assignments: (1) to a parent or subsidiary, (2) to an acquirer of assets, or (3) to any other successor or acquirer. Any assignment in violation of this section shall be null and void. This Agreement will insure to the benefit of HOSTFULLY, its successors and assigns.