These Terms and Conditions are an agreement between Hostastic and anyone who signs up for, uses or accesses Hostastic. When you create an account click "I Agree," or use Hostastic you are saying that you have read, understood and agree to these Terms. If you are agreeing to these Terms for a company you are saying that you have the authority to bind that company to these Terms.
If you do not agree to these Terms you cannot use Hostastic.
1. Definitions
An "Account" is the profile that you use to access and manage Hostastic.
The "Admin User" is the person who has control over the Account.
A "Listing" or "Property" is a place that you manage, list or advertise on Hostastic.
A "Guest" is someone who books, reserves or stays at a property that you manage on Hostastic.
A "Third-Party Channel" is a website like Airbnb, Vrbo, Booking.com or Expedia that you connect to Hostastic.
A "Third-Party Service Provider" is a company that provides services like payment processing, cleaning or artificial intelligence that you use with Hostastic.
"Customer Data" is any information that you give to Hostastic, import into Hostastic, or generate through using Hostastic including information about Guests, reservations, prices and messages.
A "Subscription Plan" is the plan that you choose to pay for to use Hostastic.
2. Description of the Services
Hostastic is a cloud-based platform that helps you manage your properties. Depending on the plan you choose Hostastic may include tools like:
- A Channel Manager that helps you keep your calendars and prices up to date on all the websites you use.
- A Property and Reservation Manager that helps you keep track of your properties and bookings.
- A way to communicate with Guests that includes an inbox, automated messages and artificial intelligence to help you respond to messages.
- A way to manage your operations like scheduling cleaning and maintenance.
- A way to see how much money you are making and how many bookings you have.
- A Direct Booking Engine that lets you take bookings directly on your website.
Hostastic does not own, operate or manage any Properties. Hostastic is not a real estate broker, travel agency or hotel operator and Hostastic cannot guarantee that you will get any bookings or make any money.
2.1 Service Availability:
Hostastic will try to keep the platform available, but sometimes it may not be available or may have errors. Hostastic may need to do maintenance on the platform and will try to give you notice before doing so. If there is an emergency, Hostastic may need to do maintenance without notice.
3. Account Registration and Eligibility
To use Hostastic you need to sign up for an account and give Hostastic complete information. You must be at least 18 years old and have the authority to enter into these Terms[cite: 2]. Hostastic may decline your application or suspend your account if the information you provide is false or incomplete.
You are responsible for keeping your login information safe and for anything that happens on your account. You must notify Hostastic immediately if someone is using your account without your permission.
4. Third-Party Channel Integrations
Hostastic lets you connect your account to websites like Airbnb or Vrbo. When you connect these websites Hostastic may import information about your properties and bookings. Keep that information up to date.
You are responsible for keeping your accounts on these websites up to date and connected to Hostastic. Hostastic is not responsible if you have problems with bookings, missed reservations or lost data because one of these websites is not connected or is not working right.
These other websites have their own terms and conditions and Hostastic does not endorse or guarantee them.
5. Subscription Plans, Fees and Billing
5.1 Choosing a Plan: You can choose from the plans that Hostastic offers and you can pay monthly or annually. Plans may have limits on how many properties you can manage or what features you can use.
5.2 Free Trial: Hostastic may offer a free trial without requiring payment details. When the trial ends, you must select a subscription plan, provide valid payment information, and complete payment to continue using Hostastic's paid services.
5.3 Billing Cycle and Renewal: If you pay monthly, you will be billed on the same day of each month[cite: 2]. If you pay annually, you will be billed once each year[cite: 2]. Your subscription will automatically renew unless you cancel before the renewal date.
5.4 Fee Changes: Hostastic may change its fees and will give you notice before the change takes effect. If you keep using Hostastic after the fee change, you are agreeing to the fee.
5.5 Refunds: You will not get a refund for fees that you have already paid unless the law requires it.
5.6 Failure to Pay: If you do not pay your fees, Hostastic may suspend your account. If you still do not pay, Hostastic may terminate your account. We may refer the amount you owe to a collection agency.
6. Payment Processing
Hostastic uses a third-party payment processor like Stripe to process payments. You are responsible for following the payment processor's terms and for paying any taxes that you owe.
7. Direct Booking Engine and Booking Websites
If you use Hostastic's website builder to take bookings, you are responsible for what you put on your website and for following the law. Hostastic is not responsible for what you put on your website.
8. AI-Assisted Features
Some of Hostastic's features use Artificial Intelligence (AI) to help you. You are responsible for checking what the artificial intelligence suggests before you use it.
9. Acceptable Use
When you use Hostastic you agree not to:
- Break the law or violate anyone's rights.
- Give Hostastic misleading information.
- Try to hack into Hostastic or disrupt its service.
- Use both or other automated tools to access Hostastic without permission.
- Collect or misuse anyone's information.
- Use Hostastic to compete with Hostastic.
If you do not follow these rules, Hostastic may terminate your account.
10. Customer Data, Privacy and Data Protection
10.1 Ownership: You own your customer data[cite: 2]. When you use Hostastic, you grant Hostastic permission to use your customer data to provide and improve its services.
10.2 Controller and Processor Roles: You are in control of your customer data and Hostastic is just processing it for you. When you submit Guest data through the Hostastic Platform, you are in charge of that data and Hostastic only processes it according to your instructions. This is all explained in our Privacy Policy and Data Processing Agreement. You need to make sure you have a reason to collect and share Guest data with Hostastic. You also have to respect the rights of the Guests.
10.3 Security and Breach Notification: We do our best to keep your Customer Data safe with administrative, technical and physical safeguards. If something goes wrong with the security of your Customer Data, we will notify you as soon as reasonably possible as described in our Privacy Policy.
10.4 International Transfers: We might process Customer Data in different countries. If the law says we have to, we will make sure the right safeguards are in place for these transfers.
11. Intellectual Property
Hostastic owns all the rights to the Platform, including the software, design, trademarks and documentation. When you use the platform, you do not own any part of it. You just have the right to use it as long as you follow these Terms[cite: 2]. You cannot copy, change or sell any part of the Platform without our permission. You also cannot use our name or trademarks without asking us first.
12. Relationship to Properties and Guests
Hostastic is a software tool. We are not involved in any transactions, bookings or disputes between you and your Guests or contractors. We do not inspect the Properties and are not responsible for their condition or safety. We are also not responsible for how Guests behave.
13. Disclaimer of Warranties
The Hostastic Platform is provided "as is" without any promises that it will work perfectly or that it will be exactly what you need. We do not promise that the Platform will be available at all times, error-free, or will be secure. We also do not promise that using the Platform will result in any business outcome.
14. Limitation of Liability
Hostastic will not be liable for any incidental, special, consequential or punitive damages that you might suffer from using the Platform. This includes loss of profits, revenue, data or business opportunities. Our total liability to you will not exceed the fees you paid to Hostastic during the twelve (12) months immediately preceding the claim.
Some places do not allow us to limit our liability so this might not apply to you.
15. Indemnification
You agree to protect Hostastic from any claims, losses or expenses that come from your use of the Platform, your breach of these Terms or your violation of any law or third-party right.
16. Term and Termination
16.1 Termination by You: You can cancel your Account at any time through the Platform or by sending us a written notice. The cancellation will take effect at the end of your billing period. You still need to disconnect your Listings from any Third-Party Channels.
16.2 Termination by Hostastic: We can terminate your account if you break these Terms, do not pay your fees, or do something that harms Hostastic or others.
16.3 Effect of Termination: If your Account is terminated, you still have to pay any fees you owe. We will try to export your Customer Data to you if you ask us within thirty days of termination. After that we might delete your data unless the law says we have to keep it.
16.4 Survival: Some parts of these Terms, like those about fees, intellectual property and liability, will still apply even after your account is terminated.
17. Confidentiality
We both agree to keep each other's confidential information secret and only use it for the purposes of these Terms. This does not apply to information that's already public or that we already knew.
18. Taxes
You are responsible for paying all taxes related to your income from Properties and Guests. Our fees do not include taxes.
19. Changes to These Terms
We can update these Terms from time to time. We will let you know about any changes at least thirty days before they happen unless we have to make a change right away for legal or security reasons. If you keep using the Platform after a change, it means you accept the Terms.
20. Governing Law and Dispute Resolution
These Terms are governed by the laws of the place where Hostastic is located. Any disputes will be resolved through arbitration or in the courts unless we need to go to court to stop something from happening.
21. General Provisions
These Terms along with our Privacy Policy and any Data Processing Agreement are the agreement between you and Hostastic. If any part of these Terms is found to be invalid, the rest of the Terms will still apply. We can assign these Terms to someone if we are sold or merged with another company. You cannot assign these Terms without our permission.
22. Contact Us
If you have any questions about these Terms you can contact us at: support@hostasticnow.com