Terms of Service

1. Acceptance of Terms

Welcome to GuideMyStays. These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and GuideMyStays ("Company," "we," "us," or "our") governing your access to and use of our website, platform, and services. By accessing or using our services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our services.

2. Description of Services

GuideMyStays provides a platform that enables vacation rental hosts to create digital local area guides for their guests. Our services automatically generate personalized recommendations for nearby restaurants, attractions, services, and activities based on property location and guest preferences. Local businesses can partner with us to be featured in these guides. Our platform includes analytics tools that provide hosts and business partners with insights into guest engagement while maintaining guest privacy.

3. User Accounts

3.1 Account Registration

To access certain features of our services, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3.2 Account Types

We offer different account types for different users:

• Host Accounts: For vacation rental property owners and managers who wish to create local area guides for their guests.
• Business Accounts: For local businesses that wish to be featured in property guides and access engagement analytics.

3.3 Account Security

You must immediately notify us of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to protect your account credentials.

4. User Responsibilities and Conduct

By using our services, you agree to:

• Comply with all applicable laws and regulations
• Provide accurate and truthful information about your properties or business
• Not use the services for any unlawful or fraudulent purpose
• Not interfere with or disrupt the integrity or performance of the services
• Not attempt to gain unauthorized access to any part of the services
• Not transmit any viruses, malware, or other harmful code
• Not engage in any activity that could damage, disable, or impair the services
• Not use automated systems or software to extract data from the services without our permission
• Not impersonate any person or entity or misrepresent your affiliation
• Not harass, abuse, or harm other users

5. Content and Intellectual Property

5.1 Our Content

The services and all content, features, and functionality thereof, including but not limited to text, graphics, logos, icons, images, audio, video, software, and the compilation thereof, are owned by GuideMyStays, its licensors, or other providers and are protected by copyright, trademark, patent, and other intellectual property laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, or otherwise use any of our content without our prior written consent.

5.2 User Content

You retain ownership of any content you submit, post, or display through our services ("User Content"). By submitting User Content, you grant us a worldwide, non exclusive, royalty free, sublicensable, and transferable license to use, reproduce, modify, distribute, display, and perform such content in connection with providing and promoting our services. You represent and warrant that you have all rights necessary to grant this license and that your User Content does not violate any third party rights.

5.3 Feedback

If you provide us with any feedback, suggestions, or ideas regarding our services, you grant us the right to use such feedback without any restriction or compensation to you.

6. Subscription Plans and Payment

6.1 Subscription Plans

We offer various subscription plans with different features and pricing. The specific terms, features, and pricing of each plan are described on our website and may be updated from time to time. By subscribing to a paid plan, you agree to pay all applicable fees.

6.2 Payment Terms

All fees are stated in United States dollars unless otherwise specified. You authorize us to charge your designated payment method for all fees due. Subscription fees are billed in advance on a monthly or annual basis, depending on your selected plan. All payments are non refundable except as expressly set forth in these Terms or as required by applicable law.

6.3 Automatic Renewal

Unless you cancel your subscription before the end of the current billing period, your subscription will automatically renew for successive periods of the same duration at the then current rate. You may cancel your subscription at any time through your account settings.

6.4 Price Changes

We reserve the right to change our prices at any time. If we change the price of a subscription plan, we will provide you with at least 30 days notice before the change takes effect. Your continued use of the services after the price change constitutes your agreement to pay the new price.

7. Local Business Listings

7.1 Business Information

Business partners are responsible for ensuring that all information provided about their business, including name, location, hours, description, and offerings, is accurate and current. We reserve the right to remove or modify business listings that contain inaccurate, misleading, or inappropriate content.

7.2 Sponsored Content and Featured Placements

Some local recommendations displayed in property guides may be sponsored placements or paid advertisements. Businesses may pay fees to be featured, promoted, or given enhanced visibility within our guides. Such sponsored content may appear alongside or be integrated with algorithmically generated recommendations. The placement, order, and prominence of business listings may be influenced by commercial relationships, advertising arrangements, or promotional agreements between GuideMyStays and participating businesses.

While we strive to provide valuable recommendations, the inclusion of a business in our guides, whether sponsored or otherwise, does not constitute an endorsement, recommendation, or guarantee of quality by GuideMyStays. Users should exercise independent judgment when visiting any business featured in our guides. We are not responsible for the products, services, or experiences provided by any third party business.

Featured or promoted placement opportunities may be offered to businesses at our discretion. The availability, pricing, terms, and duration of such placements may vary and will be communicated separately to participating businesses. Featured status does not guarantee any specific level of exposure, engagement, or business results.

7.3 Analytics

We provide analytics data to business partners regarding guest engagement with their listings. This data is provided for informational purposes only and we make no guarantees regarding its accuracy or completeness. Business decisions based on analytics data are made at your own risk.

8. Property Host Responsibilities

8.1 Property Information

Hosts are responsible for providing accurate information about their properties, including location, amenities, house rules, and any other relevant details. Inaccurate property information may result in guides that do not serve your guests effectively.

8.2 Guest Communication

When sharing digital guides with guests, hosts are responsible for clearly communicating that recommendations are generated algorithmically based on proximity and reviews, and that GuideMyStays does not endorse or guarantee any specific business or experience.

8.3 QR Code Usage

QR codes provided for accessing digital guides are for use in connection with your registered properties only. You may not sell, transfer, or share QR codes for use with properties not registered to your account.

9. Disclaimers

9.1 Service Availability

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE.

9.2 Third Party Content

Our services may include content from third parties, including business information, reviews, and ratings. We do not control, endorse, or assume responsibility for any third party content. Your interactions with third party businesses are solely between you and such businesses.

9.3 Recommendations and Sponsored Content

Business recommendations in our guides are generated using various factors which may include proximity, ratings, category relevance, and commercial relationships. Some listings may be sponsored placements or paid advertisements. We do not personally inspect, verify, or endorse any business listed in our guides, whether such listing is algorithmically generated or a sponsored placement. The presence of a business in our guides should not be interpreted as a recommendation or endorsement by GuideMyStays. Users should exercise their own independent judgment when visiting any business featured in our guides.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GUIDEMYSTAYS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU HAVE PAID TO US IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

11. Indemnification

You agree to indemnify, defend, and hold harmless GuideMyStays and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the services; (b) your violation of these Terms; (c) your violation of any rights of another party; (d) your User Content; or (e) any dispute between you and a third party, including any business listed on our platform.

12. Termination

12.1 Termination by You

You may terminate your account at any time by contacting us or through your account settings. Upon termination, your right to use the services will immediately cease.

12.2 Termination by Us

We may suspend or terminate your access to the services at any time, with or without cause, and with or without notice. Reasons for termination may include, but are not limited to: violation of these Terms, fraudulent or illegal activity, failure to pay fees, or if we discontinue the services.

12.3 Effect of Termination

Upon termination, all licenses and rights granted to you will terminate. Sections of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property provisions, disclaimers, limitations of liability, and indemnification.

13. Dispute Resolution

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles.

13.2 Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms or the services shall be resolved by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted in English and shall take place in Delaware. The arbitrator's award shall be final and binding.

13.3 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. If for any reason a claim proceeds in court rather than in arbitration, you waive any right to a jury trial.

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and GuideMyStays regarding the services and supersede all prior agreements and understandings.

14.2 Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions shall continue in full force and effect.

14.3 Waiver

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

14.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

14.5 Notices

We may provide notices to you via email, through the services, or by other reasonable means. You may provide notices to us using the contact information below.

15. Changes to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by posting the updated Terms on our website and updating the "Last Updated" date. We may also provide additional notice, such as via email, for significant changes. Your continued use of the services after any changes constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the services.

16. Contact Information

If you have any questions about these Terms of Service, please contact us at: