Terms of Service

Welcome to Hostly24. These Terms of Service ("Terms") govern your access to and use of the Hostly24 hotel management platform and related services (collectively, the "Service"). By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Definitions

• "Hostly24" refers to the platform operated under the brand name Hostly24.
• "Customer" or "you" means the individual or organization that registers for and uses the Service.
• "User" means any individual authorized by a Customer to access the Service under the Customer's account.
• "Tenant" means the organizational account associated with a Customer, under which properties and users are managed.
• "Content" means data, text, files, and other information uploaded or submitted to the Service.

2. Eligibility

You must be at least 18 years old and have the legal authority to enter into contracts on behalf of yourself or the organization you represent. By accepting these Terms, you represent and warrant that you meet these requirements.

3. Account Registration

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to:

• Provide accurate and complete registration information.
• Notify Hostly immediately of any unauthorized use of your account.
• Not share login credentials with individuals who are not authorized Users under your Tenant.
• Enable and maintain multi-factor authentication as required by the platform.

4. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You must not:

• Use the Service to store, transmit, or process data in violation of any applicable law or regulation.
• Attempt to gain unauthorized access to any part of the Service or its infrastructure.
• Reverse engineer, decompile, or otherwise attempt to derive the source code of the Service.
• Introduce malware, viruses, or other harmful code.
• Use the Service for any competitive intelligence purpose or to build a competing product.
• Misrepresent your identity or affiliation with any organization.

5. Subscription and Payment

Access to certain features of the Service may require a paid subscription. Subscription fees, billing cycles, and applicable taxes will be displayed at the time of purchase. Hostly reserves the right to change pricing with at least 30 days' advance notice to active subscribers. Failure to pay fees when due may result in suspension or termination of access.

During any free trial period, the Service is provided "as-is" with no warranty and no guarantee of continued availability. Hostly may terminate a trial at any time.

6. Data and Privacy

You retain ownership of all Content you submit to the Service. By submitting Content, you grant Hostly a limited, non-exclusive license to store, process, and display that Content solely to provide the Service to you.

Hostly will handle personal data in accordance with its Privacy Policy. You are responsible for ensuring that any personal data you upload to the Service (including data about your employees, guests, or investors) is collected and shared lawfully.

7. Confidentiality

Each party agrees to keep the other's non-public business information confidential and not to disclose it to third parties without prior written consent, except as required by law. This obligation survives termination of these Terms for a period of three (3) years.

8. Intellectual Property

The Service, including its software, design, trademarks, and documentation, is owned by Hostly and protected by intellectual property laws. Nothing in these Terms grants you any right, title, or interest in the Service beyond the limited license to use it as described herein.

9. Third-Party Services

The Service may integrate with or link to third-party services (e.g., property management systems, email providers). Hostly is not responsible for the availability, accuracy, or practices of those third parties. Your use of third-party services is subject to their respective terms.

10. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. HOSTLY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HOSTLY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. HOSTLY'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE FEES PAID BY YOU IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED US DOLLARS ($100).

12. Indemnification

You agree to indemnify, defend, and hold harmless Hostly and its affiliates, officers, and employees from and against any claims, liabilities, damages, and expenses (including reasonable attorneys' fees) arising from your use of the Service, your violation of these Terms, or your infringement of any third-party rights.

13. Termination

You may terminate your account at any time by contacting Hostly support. Hostly may suspend or terminate your access immediately if you breach these Terms or if required by law. Upon termination, your right to use the Service ceases and Hostly may delete your data after a reasonable retention period, subject to legal obligations.

14. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict of law principles. Any dispute arising from or related to these Terms shall first be submitted to good-faith negotiation. If unresolved within 30 days, disputes shall be resolved by binding arbitration administered under the rules of the American Arbitration Association (AAA), except that either party may seek injunctive relief in a court of competent jurisdiction in Delaware for intellectual property or confidentiality matters.

15. Changes to These Terms

Hostly reserves the right to update these Terms at any time. We will notify you of material changes by email or by displaying a prominent notice in the Service at least 14 days before the changes take effect. Continued use of the Service after the effective date constitutes acceptance of the revised Terms.

16. Miscellaneous

• Entire Agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and Hostly regarding the Service.
• Severability. If any provision is found unenforceable, it will be modified to the minimum extent necessary, and the remaining provisions will continue in full force.
• Waiver. Failure to enforce any right under these Terms does not constitute a waiver of that right.
• Assignment. You may not assign your rights under these Terms without Hostly's prior written consent. Hostly may assign its rights freely.
• Notices. Notices to you will be sent to the email address on your account. Notices to Hostly should be sent to the contact address provided in the app.

17. Contact

If you have questions about these Terms, please contact us through the feedback option in the app or reach out to your account administrator.