Terms of Service

Last updated: February 1, 2024

Welcome to Guesty Lite, a set of management tools designed to simplify hosting for short-term and vacation properties (the “Guesty Lite”). Guesty Lite 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 Pro Platform, please refer to the Terms of Service specific to the Guesty Pro Platform (“Guesty Pro”).

Please read carefully the following Terms of Service (the “Terms”). By using, accessing, applying to register, or subscribing for Guesty Lite, by any of the means acceptable to Guesty, the customer (“Customer” and/or “You”) agrees to be bound by these Terms.

About Guesty Lite
1. Guesty Lite
  Guesty Lite offers various management tools for those renting out properties on a short-term basis (each, a “Property”, and collectively, the “Properties”) to guests (the “Guests”).
2. Third Parties
  Guesty Lite can also be used with several third-party platforms (the“Third Party Channels”). Using Guesty Lite, the Customer can also manage interactions with external third-party service providers such as housekeeping cleaners, laundry service providers, and house-key handoff services (the “Third Party Service Providers”).
3. Customer’s Account
  Each Customer has an “Account” on Guesty Lite, with which the Customer can manage multiple Properties. Each Account is first and foremost accessible by the Account’s administrator (the “Admin”).
4. Add-On Services
  The Customer may also opt to use any of our additional add-on modules (the “Add-On Services”), which Add-On Services may be subject to additional terms and conditions, and in connection to which the Customer’s Account information may be shared with any third party affiliated to the Add-On Services, where applicable.
Registration and creation of a Guesty Lite Account
1. Applying to Register
  In order to use Guesty Lite, the Customer must apply for registration. The Customer must provide true, accurate, current, and complete information in the course of the Customer’s application to register to Guesty Lite, and the Customer is fully accountable for any outcome that may result from the Customer’s failure to do so. Within the application process, Guesty may request additional information, documentation, and materials from the Customer, as it deems necessary, at its sole discretion.Once we complete processing, evaluating, and considering the Customer’s application, we will determine, at our sole discretion, whether to accept or decline the Customer’s application to register to Guesty Lite. We are not obligated to admit the Customer to Guesty Lite. The Customer will have no plea, claim, or demand against Guesty in connection with any decision we may or may not make regarding the Customer’s application or admission. Our decision is final and non-contestable. If we decline the Customer’s application to register to Guesty Lite, these Terms will immediately terminate. If we believe, at our sole discretion, that: (i) the registration information that the customer provided is false or not correct, current or complete; or (ii) the Customer has violated these Terms, we reserve the right to suspend or terminate the Customer’s application to register to Guesty Lite and/or the Customer’s Account. However, we have no obligation to verify the accuracy, correctness, or completeness of any information that the Customer or others have provided nor are we liable for losses or any damage resulting therefrom. The Customer may not hold payments that Guesty is entitled to due to such action by Guesty.
2. Once Registered
  1. If we admit the Customer to Guesty Lite, the Customer must, as a first step, create an Admin. The Admin can then create and assign an additional Admin User to its housekeeper cleaning (“Admin User”). The Admin User will have different types of Account permissions that the Admin is responsible for assigning. Note, however, that we are not liable for errors or mistakes made with respect to such permissions.
  2. The Customer must ensure that whomever the Customer designates to use the Customer’s Account as an Admin User or another user, fully complies with these Terms. The Customer is liable for all acts or omissions of the Admin User and all other users in connection with Guesty Lite.
  3. Admin and Admin User log in to Guesty Lite by using their Account username and password. The Customer must make sure that the Admin and Admin User change their passwords periodically. The Admin and Admin User must maintain the confidentiality of their account login details.
  4. Guesty shall not be responsible for the conduct and actions that the Admin, Admin User, or other users engage in on the Account. The Customer is responsible for these actions including changes, deletion, and adding costly features.
Third Parties
1. Integration with Third-Party Channels
  1. If the Customer wishes to connect its Account to a Third Party Channel (each such interconnection is named an “Integration”), then Guesty Lite may need to change the email or other user credential for the Customer to use with each respective Third Party Channel. Guesty Lite will then maintain the Integration with the Customer’s account on the Third Party Channel. Also, to ensure the proper operation of Guesty Lite, the Customer must keep its account on the Third Party Channel connected to the Customer’s Account on Guesty Lite.
  2. Guesty is not responsible and accepts no liability, for any loss of data, reservations or revenue due to the Customer’s failure to keep his or her account on the Third Party Channel connected to the Customer’s Account on Guesty Lite. The Customer is exclusively responsible for doing this and for all consequences of any failure to do so.
  3. Once connected to an Integration, Guesty Lite automatically imports the Properties and Guest related data in the Customer’s accounts on the respective Third Party Channel, such as listings, reservations, past Guests, etc. Guesty allows You to manage future reservations (reservations that were already booked where the check-in is in the future) on Guesty Lite right away.
  4. In some cases, Guesty Lite performs the Integration using “Channel Managers”, which are subject to their own terms of use that the Customer is responsible to comply with. In those cases, we merely push the data through the relevant Channel Manager and pay the fees applicable to that Channel Manager.
  5. Guesty is not liable for any problems in the Customer’s account on a Third Party Channel, including the response rate or the account being locked out. Unless otherwise described under these Terms, payments to Third-Party Channels (to the extent applicable) are at the Customer’s cost and responsibility.
2. Third-Party Service Providers
  Guesty shall not be responsible for Third-Party Service Providers, any and all communications, transactions payments, and engagements with Third Party Service Providers, are exclusively between the Customer and the relevant Third Party Service Provider. Guesty shall not screen, endorse, or recommend Third Party Service Providers and cannot confirm their professional qualifications, skills, licenses, or permits needed for their line of work, or that they are properly covered by insurance.
3. Payment Processing Services
  Our payment processing services are provided by GuestyPay or other third parties and offered to the Customer on an “as-is” and “as-available” basis. Guesty is not liable for any error or malfunction in such payment process 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. An additional charge per transaction may apply in case the Customer integrates a payment processor/s within its Guesty’s Account.The payment processor may charge additional transaction fees for the integration with the Customer’s Account. We may deduct or withhold any amounts collected through the payment process service, to the extent we determine it to be necessary.
Subscription Plans
1. Subscription Plan
  Customers can choose between three subscription plans: Annual Subscription, Monthly Subscription or Guesty Optilite (“Subscription Plan“). Customers can select the Subscription Plan that best suits their needs, with the option to switch between plans subject to the payment of the applicable fees and the provisions of these Terms. Guesty reserves the right to modify the Subscription Plans and the applicable fees with advance notice to Customers.If the Customer subscribes without activating any listings in its account, Guesty reserves the right to apply a minimum monthly payment based on the relevant Subscription Plan, equivalent to the fee applicable for one (1) active listing.
2. Annual Subscription
  The billing for the Annual Subscription for all active listings will be made on the first day of the subscription, covering the full annual amount.
3. Monthly Subscription
  The Monthly Subscription charges for all active listings will be processed on the first day of each calendar month. If the Customer subscribes to the Monthly Subscription in the middle of the month, charges will be applied on the first day of the subscription for the prorated number of days remaining until the end of the calendar month. Subsequent charges will follow the regular billing cycle, occurring on the first day of each calendar month.
4. Guesty Optilite – Annual Plan and Guesty Price Optimizer
  The “Guesty Optilite” includes an annual subscription for the Guesty Lite services, based on the eligibility of the Customer’s listings, access to of Guesty Price Optimizer solution, a revenue management solution that optimizes pricing and occupancy rates in the applicable geographical locations (the “GPO Solution”). Once the Customer subscribes to the Guesty Optilite, the GPO Solution free trial period (to the extent applicable) shall no longer apply to the Account.
  
  Guesty Optilite fees shall include:
  1. a fixed fee will be charged per listing per month, at the applicable rate indicated in the subscription plan. These charges will be made on the first day of the subscription, covering the full annual amount; and
  2. a fixed percentage of all fees associated with each of the Customer’s reservations (the “Reservations Fees“). The Reservations Fees will apply to all of the Customer’s listings, regardless of their activation status, and will be charged on the first day of the following month for the previous month, based on the checked-in reservations in the previous month.
5. Adding New Listing/s
  In the event the Customer adds new listing/s during the current subscription period, the charge for such new listing/s will be on the first day of the new listings’ subscription, for the prorated number of days remaining until the end of the applicable subscription period. Thereafter, charges for new listing/s will follow the regular billing cycle according to the Customer’s Subscription Plan.
6. Deactivating Listing/s or Cancellation of the Account
  The Customer may deactivate listing/s during the current subscription period, and the deactivated listing/s will not incur charges on the next billing cycle. In such an event, the subsequent billing will reflect the adjusted subscription amount for the active listing/s only, excluding the deactivated listing/s. Upon cancellation of the Customer’s Account, Guesty may charge the Customer for the fees and payments due until the end of the applicable Subscription Plan (to the extent applicable).
7. Automatic Renewal
  The Subscription Plan will automatically renew for the same billing period unless canceled before renewal. All fees are non-refundable once charged and there will be no credits or refunds for the current billing period.
8. Free Trial Period
  We may, at our discretion and subject to these Terms, offer a free trial period to new Customers who subscribe to Guesty Lite (the “Free Trial Period”). Upon the expiration of the Free Trial Period, such Customers may be required to subscribe to Guesty Lite under these Terms and in accordance with the terms and fees of the applicable Subscription Plan.
Fees and Payment Terms
1. Promo Codes
  Guesty reserves the right to offer promotional codes to use during the subscription registration process. The promotional codes, when valid, may provide specified discounts or benefits as outlined in the terms associated with each code. Customers are encouraged to enter valid promo codes at the time of subscription registration to avail themselves of applicable discounts or benefits. Guesty retains the discretion to modify or terminate promotional code offerings at any time without prior notice. Promo codes are non-transferable, have no cash value, and may not be combined with other offers unless explicitly stated.
2. Change of Fees
  We may, from time to time, change the applicable fees, rates, packages, schemes, amounts, overage charges, and payment cycles of the Subscription Plans. If we do so, we will put the Customer on notice of such changes. Guesty, in its sole discretion, reserves the right to charge different fees based on the geographical location of the Customer’s Properties and activities.
3. Additional Fees
  You may incur certain other fees or charges for Your use of Guesty Lite and the Add-On Services (the “Additional Fees”). Any Additional Fees will be subject to the fees at the rates, packages, schemes, amounts, overage charges, and payment cycles determined by Guesty.
4. Currency
  Fees are chargeable in US Dollars, and rounded up to a full dollar amount. Guesty reserve the right to offer those fees to be charged in other currencies. If we do so and the Customer opts to be charged in another currency, the Customer may be subject to additional exchange fees or commissions collected by the Customer’s payment method provider.
5. Exchange Rates
  Exchange rates are determined by a reputable third-party provider and converted with the exchange rate applicable at the time of applying for the Guesty Lite Subscription Plans and are rounded up. Guesty is not responsible and accepts no liability for the exchange rate used or currency conversion performed.
6. Payment Methods
  Except if expressly agreed otherwise, the Customer must pay the applicable fees using a Credit Card. By providing the Customer’s payment information, the Customer gives its consent to being billed for the applicable fees, in addition to any applicable surcharges or commissions that may apply with its payment method provider. The Customer must keep the provided billing information current, complete, and accurate, and notify Guesty promptly in case of any change in the billing information. The Customer will be invoiced by Guesty and/or any of its subsidiaries. The payments may be collected by the relevant third-party payment service provider and not necessarily directly by us, in which case we are not responsible for their mishandling of the Customer’s payment information or any related security breaches.
7. Refunds and Set-off
  Except if expressly agreed otherwise, the Customer is not entitled to any refunds or reimbursements in connection with Guesty Lite, the Add-On Services, or the applicable fees. In any event, the Customer is not entitled to a refund for partial use of Guesty Lite, any unused portion of Guesty Lite, unused features of Guesty Lite, or for any time period during which the Customer did not actually use or take advantage of Guesty Lite. The Customer may not set-off or deduct amounts from fees due to Guesty.
8. Failure to Pay
  Fees that we are unable to charge through the Customer’s payment method, as well as payable fees for which the Customer has not provided a payment method, are deemed overdue. Failure to settle any overdue fee within seven (7) calendar days of its original due date constitutes a breach of these Terms, entitling Guesty to suspend the Customer’s Account (in which case we will notify the Customer of the suspension and the overdue fees). Failure to settle any overdue fees within fourteen (14) calendar days of the original due date and following notification by us as above, constitutes a material breach of these Terms.
9. Late Payment
  Without derogating from any other rights and remedies available to Guesty under applicable law, overdue fees may accrue interest at the rate of three-quarters of one percent (0.75%) per month or part thereof, cumulative monthly on the linked capital from the due date until the date of actual payment. The Customer will reimburse Guesty for all legal costs, chargebacks, chargeback fees, credit card commissions, and attorney fees we incur in the course of collecting overdue or disputed fees.
Term and Termination / Cancellation of the Account
1. Subscription Term
  These Terms, including the Customer’s right to use Guesty Lite and any Add-On Services, as well as our right to charge fees, will remain in effect for the duration of the Customer’s applicable Subscription Plan. Unless terminated earlier under these Terms, the Subscription Plan will automatically renew for the same subscription period.
2. Termination by the Customer
  The Customer may request to terminate these Terms and the Customer’s Account by clicking the “Cancel Account” button available on Guesty Lite. Termination will enter into effect on the last day of the applicable Subscription Plan. You are solely responsible for deactivating all active listings within Your account on the Third Party Channels. Guesty will not be held responsible for any consequences arising from the cancellation of Your Account without prior deactivation of Your active listings.
3. Termination by Guesty
  In addition to any remedies that may be available to Guesty under any applicable law, we may promptly temporarily, or permanently deny, limit, suspend, or terminate the Customer’s Account, prohibit the Customer from accessing Guesty Lite, and take technical and legal measures to keep the Customer off Guesty Lite, if we, in our reasonable discretion, determine or suspect that (i) the Customer abused the Customer’s rights to use Guesty Lite; or (ii) the Customer materially breached these Terms; or (iii) the Customer performed any act or omission which is harmful or likely to be harmful to Guesty, or any other third party, including other users of Guesty Lite. We will not be liable to the Customer for terminating the Customer’s Account or access to Guesty Lite in accordance with the provisions of these Terms.
4. Payments Upon Termination
  Upon termination of the Customer’s Account, the Customer must immediately settle all due fees and payments incurred until the end of the applicable Subscription Plan. We may promptly charge the Customer for those fees and payments using the payment method the Customer provided.
5. Customer’s Information and Data
  We may permanently delete the Customer’s Account on Guesty Lite, including all information and data it contains. Subject to the Customer’s payment of all due fees and payments incurred up through the effective date of termination, and up to 6 months from the termination date, we will export, upon the Customer’s written request, and make available to the Customer a copy of the information and data that the Customer’s Account contains, as of the effective date of termination.
6. Survival
  Provisions in these Terms that by their nature are intended to survive termination of these Terms will so survive, including the following sections: Important disclaimers, Fees, Privacy, Copyright policy Intellectual property, Termination, Disclaimer of Warranty, Limitation of Liability, Indemnification, Governing law and Dispute Resolution, and General.
Add-On Services
1. General
  The Customer acknowledges and agrees that all Add-On Services are not immune from errors, mistakes, and incorrect responses. The Customer is responsible to report to Guesty any and all errors, mistakes, and incorrect responses he or she becomes aware of.
2. Guest Communication Service (GCS)
  1. The Customer may opt to use our GCS. Our Guest Service Expert (“GSE”) will respond to reservation inquiries and requests originating from any connected Third Party Channels in the order which our priority system automatically determines.
  2. Our GSE will handle tickets as follows: (i) we first try to respond to inquiries according to the information and guidelines that the Customer has provided us; and (ii) if we
    are unable to determine an appropriate response or solution based on that information or guidelines, we will make good faith efforts to research the answer using information publicly available online; and (iii) if we are still not able to determine an appropriate response, we will attempt to contact the Customer’s designated contact person. We will contact the designated contact person according to the priority of contact channels that the Customer has indicated. An inquiry may be submitted to Guesty at any time during the day or night, and the contact person must therefore be ready, willing, and able to respond promptly at any time we contact him or her for an inquiry. The Customer acknowledges and agrees that if we are not able to get a hold of the designated contact person, or if he or she is unable to address the inquiry, we may not be able to respond to the inquiry properly and in a timely manner.
  3. Cancellation of our GCS services will be subject to 30 days’ notice.
3. White-Labeled Guest Communication Service
  We may also offer white-labeled GCS, which we will provide subject to the restrictions and limitations specified by law. This may therefore limit the scope or types of response we are able to provide to inquiries.
4. Guesty Price Optimizer (GPO)
  Guesty’s Price Optimizer is an easy-to-use revenue management solution aiming to help Guesty’s Customers optimize pricing and occupancy rates (“GPO Solution”). The Customer fully acknowledges and agrees that by using the GPO Solution:
  1. The Customer authorizes Guesty to update pricing information on its behalf. Except for the pricing information, Guesty will not make any other changes to the Customer’s listings without getting the Customer’s prior approval.
  2. Guesty is not liable for the success of the Customer’s listing or for the Customer’s revenue, whether connected to the pricing recommendation or not.
  3. The GPO Solution provides recommendations, and the Customer pricing information shall always remain under the Customer’s control and responsibility, and the Customer can update it as it deems appropriate.
  4. As of the activation date of the GPO Solution, reservations that have already been checked-in will not incur any fee, and future reservations will be charged according to the rates of the GPO fees.
  5. The GPO fees for canceled reservations will be calculated according to the rate charged for the GPO Solution under the subscription plan based on the host payout which is subject to the users’ cancellation policy in the applicable channels. If Guesty is not able to retrieve the actual host payout for canceled reservations from one or more of Guesty’s channels (such as direct channel integrations, other booking channels linked via a channel manager, etc.), then Guesty will not charge the GPO fees for those canceled reservations.
5. Website creation services (Booking Engine)
  The Customer may opt to use our website creation services. By using the website creation services, the Customer agrees and acknowledges the following:
  1. The Customer is responsible for all of the content that is uploaded, posted, transmitted, or otherwise made available on the website created by the Customer (the “Content”). The Customer hereby acknowledges and agrees that Guesty does not own nor does claim ownership of the Content and will not be considered the “publisher” of the Content nor be liable for any consequences arising from such Content.
  2. The Customer is responsible for ensuring that the website fully complies with all applicable laws, regulations, and any other contractual terms which govern the use of the website, including those specific laws applicable to the Customer or its Guests and/or website visitors in any of its geographical locations.
  3. The Customer’s use of the service does not ensure compliance with applicable laws, including, but not limited to data protection laws and website accessibility laws, nor is Guesty responsible for the Customer’s compliance with such laws.
  4. The Customer is solely responsible for implementing terms of service for its website and a privacy policy that complies with all applicable laws.
  5. Without derogating from the generality of the above, Guesty shall not be responsible or liable to the Customer, its guests, or website visitors for any of its or its Guests’ breaches of applicable law.
6. Post Booking
  We may also offer a Post Booking service which aims to ensure that each Guest is notified of how to check-in and check-out and that a cleaning service is ordered for the Property after each Guest checks out. It is the Customer’s responsibility to ensure that he or she gives Guesty all information needed regarding check-ins, check-outs, and cleaning service orders.
7. New Add-On Services
  The Customer may also opt to use any of our new Add-On Services suggested by Guesty, where such new Add-On Services may be subject to additional terms and conditions (including additional fees outlined in the applicable rates and services offered by Guesty).
Technical support
1. We will provide the Customer technical support for questions, problems, and inquiries regarding Guesty Lite and GCS, during our regular business days and hours, and pursuant to the support scheme, hours, and channels separately conveyed to the Customer.
2. We will make genuine efforts to respond to the Customer’s technical questions, problems, and inquiries quickly. However, we: (i) may not provide such support for matters that we deem, at our 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 we may also refer the Customer to Guesty Lite’s self-help pages which provide explanatory sections about various aspects of Guesty Lite.
Other features
1. New Features
  Guesty may offer to the Customer various new features and/or premium features on Guesty Lite that are not detailed in these Terms (“New Feature(s)”). Such new Features may be subject to additional terms and conditions (including additional fees).
Changes; Temporary Suspension
1. Changes; Temporary Suspension
  We will make genuine efforts to notify the Customer ahead of time of any changes or temporary suspension of Guesty Lite or the Add-On Services, but cannot guarantee that we will do so in circumstances where urgent changes are required (such as for reasons of compliance with applicable laws or to address security issues).
  We may, at any time and without prior notice, change the layout, design, scope, features, or availability of Guesty Lite and/or any Add-On Services. Such changes, by their nature, may cause inconvenience or even malfunctions. THE CUSTOMER ACKNOWLEDGES AND AGREES THAT WE 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.
2. Periodic Maintenance
  We may suspend the operation of Guesty Lite and/or any Add-On Service, in whole, or part, for all users, or for certain users, for periodic maintenance or similar purposes. Unless there is an important reason why we are unable to do so (such as a security threat), we will provide reasonable advance notice of the suspension.
Acceptable use
1. We may, from time to time, issue and notify the Customer of guidelines, rules, and instructions addressing, among other things, technical, business, marketing, and operational matters concerning Guesty Lite and its use. The Customer shall follow these guidelines and instructions.
2. When using Guesty Lite, the Customer must refrain from (i) breaching these Terms, or any other applicable rules and instructions that we may convey with respect to the use of Guesty Lite; (ii) 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; (iii) interfering with, burdening or disrupting the functionality of Guesty Lite; (iv) breaching the security of Guesty Lite or identifying any security vulnerabilities in it; (v) circumventing or manipulating the operation or functionality of Guesty Lite, or attempting to enable features or functionalities that are otherwise disabled, inaccessible or undocumented in Guesty Lite; (vi) using or launching any automated system, including robots, crawlers and similar applications to collect and compile content from Guesty Lite; (vii) displaying Guesty Lite or any part thereof in an exposed or concealed frame, or linking to elements or portions of Guesty Lite, independently from the manner on which they originally appear or are made available through Guesty Lite; (viii) impersonating any person or entity, or making any false statement pertaining to the Customer’s identity, medical condition, agency or affiliation with any person or entity; (ix) collecting, harvesting, obtaining or processing personal information of or about other users of Guesty Lite; and/or (x) using Guesty Lite for any commercial or other purposes that are 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 in order to develop or create a similar or competitive service.
3. Without derogating from any of the above the Customer may not post or submit any information, or use Guesty Lite in conjunction with any materials, that: (i) may infringe or violate the rights of others, including a person’s right to privacy, or otherwise cause harm to anyone; (ii) may depict or identify minors, their personal details, their address or ways to contact them; (iii) may include software viruses, spyware or any other malicious applications; (iv) may, through posting, publication, dissemination, or making available to the public, be prohibited by any applicable law, including court orders; (v) may be threatening, abusive, harassing, defamatory, libelous, vulgar, violent, obscene or racially, ethnically or otherwise objectionable; and/or (vi) may include unsolicited commercial communications (‘spam’), chain letters, or pyramid schemes. If the Customer finds any content on Guesty Lite that violates these Terms, please contact Guesty at: [email protected]. We will review every request and take action as necessary. WE MAY EMPLOY TECHNOLOGICAL MEASURES TO DETECT AND PREVENT FRAUDULENT OR ABUSIVE USE OF GUESTY LITE, IN ACCORDANCE WITH OUR PRIVACY POLICY. WE MAY SUSPEND THE CUSTOMER’S ACCOUNT, OR BLOCK THE CUSTOMER’S ACCESS TO, AND USE OF, GUESTY LITE, WITHOUT PRIOR NOTICE, IF WE REASONABLY BELIEVE THAT THE CUSTOMER HAS MISUSED GUESTY LITE.
Taxes
1. Guesty’s fees do not include VAT, sales tax, or any other tax which may be applicable. If these taxes apply, the Customer will be charged accordingly, and the Customer consents to those charges.
2. 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.
Regulation and Customer Data
1. Personal Data
  You hereby instruct Guesty to process any and all Guests and other personal data elements that You choose to make available to or through Guesty Lite or that You otherwise share with Guesty in order to provide You with and improve the Guesty Lite’s services (hereinafter “Personal Data”). When Guesty follows these instructions, it is operating as the Data Processor. You are the Data Controller who determines which Personal Data elements are relevant, and based on that analysis You decide in Your 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 Guesty Lite’s services. Our Data Processing Addendum is incorporated into these Terms by reference.
2. GDPR
  You shall have sole responsibility for compliance with various data protection regulations including GDPR. You 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 Lite provides. Guesty should not be liable for any failure of the Customer to comply.
3. Personal Data Compliance
  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 Guesty Lite. 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 Guesty Lite, or during or in connection with Your use of Guesty Lite, has not been collected, stored, and transferred to Guesty in violation of any law, regulation, or contractual obligation applicable to You. You shall have sole responsibility for the accuracy, quality, and legality of the data and the means by which You acquired the Personal Data.
4. Information and Content
  Guesty shall not be responsible for any inaccurate, incorrect, or misleading information that the Customer, the Admin or the Admin User, or other users provide to Guests or prospective Guests. Guesty shall also not be responsible for any such information that Guesty Lite or GSE’s provide to Guests or prospective Guests on the basis of information or data that originates from the Customer, Admin, Admin User 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 Guesty Lite and for the consequences associated with doing so.
5. Third-Party Channels
  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 Properties, listings, reservations, rankings, past guests, communications with guests, etc.).
6. Guesty Platform Compliance
  The Customer shall be 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 Guesty Lite, the Properties, renting the Properties out, or accommodating Guests.
7. Marketing Activities
  The Customer shall conduct its marketing activities in relation to Guesty Lite, 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.
8. Account Data Backups
  Although we use advanced methods to store, backup, and maintain the Customer’s Account data we do so as a mere courtesy to the Customer, and the Customer remains exclusively responsible for maintaining his or her backups.
Privacy and Copyright policies
1. Privacy Policy
  We respect the Customer’s privacy. Our Privacy Policy (the “Privacy Policy”), which is incorporated into these Terms by reference, explains the privacy practices on Guesty Lite. We may revise our Privacy Policy, in whole, or in part, at any time. by continuing to use Guesty Lite and Guesty services You agree that You have read our updated Privacy Policy and that Your use is subject to it.
2. Copyright Policy
  Requests to remove content due to alleged copyright infringement must be made in accordance with our Copyright Policy. After receiving a request to remove or re-post content on Guesty Lite, we will review the request and take action as necessary.
Intellectual property
1. General GuestyLite is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Guesty Lite is made available for use and access, not sold or licensed.
2. Exclusive Property
  All rights, title, and interest in and to Guesty Lite, including without limitation, patents, copyrights, trademarks, trade names, service marks, trade secrets, and other intellectual property rights and any goodwill associated therewith (but excluding any content the Customer submits to Guesty Lite and any content imported from third- party sources), are the exclusive property of Guesty and its licensors. This includes the website’s design, graphics, computer code, domain name, and “look and feel”.
3. Limitations
  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 Guesty Lite or any part thereof, in any way or by any means. The Customer may not use Guesty’s name, mark(s), logo(s), or 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 our goodwill.
Application Marketplace
1. Guesty APP
  The Customer may be able to access and use Guesty Lite through our designated mobile smartphone application (the “App”).
2. Third Parties’ Terms
  The Customer’s use of the App may be subject to additional third-party terms and conditions that govern that 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.
3. Apple’s App Store
  The following terms apply if the Customer downloaded an App from Apple’s App Store. Customer and Guesty agree and acknowledge as follows:
  1. These Terms are concluded between itself and us, and not with Apple Inc. (“Apple”). Apple is not responsible for the App. 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.
  2. The license granted to the Customer for the App is limited to a non-transferable license to use the App on any iOS Products that the Customer owns or controls, and as permitted by the Usage Rules set forth in the App Store Terms of Service, except that such App may be accessed, acquired, and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.
  3. The Customer acknowledges that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
  4. In the event of a failure to conform to any applicable warranty (if any warranty is applicable), the Customer may notify Apple, and Apple will refund the purchase price for the App to the Customer (if the Customer paid any). To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty, will not be at Apple’s responsibility.
  5. Apple is not responsible for addressing any claims by the Customer or any third party relating to the App or the Customer’s possession and/or use of the App, including (I) product liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation.
  6. The Customer acknowledges that in the event of any third party claim that the App or the Customer’s possession and use of the App infringe that third party’s IP Rights, Apple will not be responsible for the investigation, defense, settlement, and discharge of any such infringement claim.
  7. The Customer must comply with applicable third-party terms of agreement when using the App (e.g. the Customer must not be in violation of the Customer’s wireless data services agreement when the Customer uses the App).
  8. 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.
Amendments to the Terms
1. General Amendments
  We may revise these Terms, in whole, or in part, at any time, and from time to time. By continuing to use Guesty Lite and Guesty services You agree that You have read these Terms and that Your use is subject to it. In case of legal requirement or necessity, we may also introduce immediate changes to these Terms. The latest version of the Terms and its effective date will always be accessible on the service.
Important Disclaimers
1. Guesty’s Role
  uestyLite does not manage the Properties, the Customer does. We and our personnel do not ordinarily visit the Properties. We are not a real estate agent or broker, a travel agent, nor are we a provider of travel services and we do guarantee that the Customer will rent out Properties at all time or at all, we do not guarantee any expected business outcomes or earnings from using the Guesty Platform.
2. Our Customers’ Properties and Guests
  Guesty is not a party to any engagements, transactions or dealings between the Customer and its Guests and it shall not be responsible for: (i) the Properties, their condition, quality, suitability and safety for Guests, the legality of renting them out to Guests, the maintenance of Properties or the provision or replenishment of supplies in Properties or for any thefts, break-ins or vandalism at or to the Properties, or any other conduct or misconduct taking place in the 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.
3. Guesty’s Lite and Add-On Services
  Guesty does its best to have backups and provide uptime 24/7. The availability, quality, and functionality of Guesty Lite and Add-On Services depend on various factors, including software, hardware, and communication networks which are provided by third parties. These factors are not fault-free. We do not guarantee that Guesty Lite or Add-On Services will operate without disruption, errors, or interruptions, or that they will be accessible, or available at all times or immune from errors or glitches. We will not be held liable to the Customer for such eventualities.
Disclaimer of Warranty
GUESTY LITE AND ADD-ON ERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND. WE AND OUR AFFILIATES, AND OUR 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 GUESTY LITE 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 GUESTY LITE AND ADD-ON SERVICES, WHETHER OR NOT MADE BY ANY OF OUR PERSONNEL, WHICH IS NOT EXPRESSLY CONTAINED IN THESE TERMS, SHALL BE DEEMED TO BE A WARRANTY BY US, OUR AFFILIATES, OR THE PERSONNEL FOR ANY PURPOSE, OR GIVE RISE TO ANY LIABILITY OF OURS, OUR AFFILIATES, OR THE PERSONNEL WHATSOEVER. ALL OF THE DISCLAIMERS CONTEMPLATED UNDER THESE TERMS INCLUDING THE DISCLAIMERS SET OUT UNDER THE SECTION TITLED “IMPORTANT DISCLAIMERS” ABOVE AND ARE INCORPORATED BY REFERENCE INTO THIS SECTION AS WELL.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE, OUR 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) GUESTY LITE AND ADD-ON SERVICES, (B) THE USE OF OR THE INABILITY TO USE GUESTY LITE 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 GUESTY LITE AND ADD-ON SERVICES, (G) THE CUSTOMER’S RELIANCE UPON OR THE EXPECTED OUTCOME OR BENEFITS FROM GUESTY LITE AND ADD-ON SERVICES, (H) ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF GUESTY LITE AND ADD-ON SERVICES, (I) ANY FAULT, OR ERROR MADE BY OUR 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 GUESTY LITE AND ADD-ON SERVICES. IN ADDITION, WE AND OUR PERSONNEL SHALL NOT BE LIABLE TO THE CUSTOMER FOR ANY DAMAGE ARISING FROM EVENTUALITIES DISCLAIMED UNDER THESE TERMS INCLUDING UNDER THE SECTION TITLED “IMPORTANT DISCLAIMERS” ABOVE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR 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 OUR WILLFUL MISCONDUCT.
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 Lite or Add-On Services, the Customer’s breach of these Terms, the Customer’s violation or infringement of any other person’s rights, the Customer’s communications through Guesty Lite or Add-On Services, or the eventualities disclaimed under these Terms including under the section titled “Important Disclaimers” above.
Governing Law and Dispute Resolution
1. Choice of Law
  Regardless of the Customer’s place of residence or where the Customer access or use Guesty Lite or Add-On Services from, these Terms and the Customer’s use of Guesty Lite or Add-On Services will be governed by and construed solely in accordance with the laws of the State of New York, 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 New York.
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 Guesty Lite or Add-On Services, 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.
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.
4. Dispute Resolution Fees
  1. 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.
  2. The Customer and Guesty 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.
  3. Notwithstanding anything to the contrary in this section, Guesty 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 Guesty’s intellectual property right, in any court of competent jurisdiction having personal jurisdiction over the Customer.
General
1. Whenever used in these Terms, the term “Including” or “Such as”, whether capitalized or not, means without limitation to the preceding phrase. All examples and e.g. notations are illustrative,
  not exhaustive.
2. Entire Agreement
  These Terms together with the Customer’s subscriptions, 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).
3. Waiver and Modification
  No waiver, concession, extension, representation, alteration, addition, or derogation from these Terms by us, or pursuant to these Terms, will beeffective unless consented to explicitly and executed in writing by our authorized representative. Failure on our part to demand performance of any provision in these Terms shall not constitute a waiver of any of our rights under these Terms.
4. Successors and Assigns
  These Terms are personal to the Customer, and the Customer may not assign, delegate, or transfer the Customer’s rights and obligations under these Terms without our prior written consent. Any attempted or actual assignment by the Customer, without our prior consent, shall be null and void (i.e., have no effect).We may assign our rights and responsibilities under these Terms or transfer them entirely to a third party (in each case including all rights, duties, liabilities, and obligations therein), upon notice to the Customer, if we are subject to a major corporate transaction such as a merger, acquisition, change of control, or the sale of all or substantially all of our equity or assets. We may also assign and delegate any or all of our rights and obligations under these Terms or transfer them entirely to one or more of our subsidiaries (i.e., affiliate companies), without providing prior notice to the Customer.
5. Severability
  If any provision of these Terms is held to be illegal, invalid, or unenforceable by a competent court or arbitration tribunal, then the provision shall be performed and enforced to the maximum extent permissible by law to reflect as closely as possible, the original intention of that provision, and the remaining provisions of these Terms shall continue to remain in full force and effect.
6. Contact us
  The Customer may contact Guesty with any questions or comments, at: [email protected]
7. UK/EU Non-Business User Addendum
  If You are a UK or EU resident and use Guesty Lite and any Add-On services mainly for non-business purposes, please visit UK/EU non-business user addendum.

Terms of Service Guesty Lite