Glite terms of service

Last updated: December 26, 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 the following Terms of Service (the “Terms”) carefully. 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 Platform
Guesty Lite platform provides various management tools managing short-term rental properties (“Listing(s)“) rented to guests (“Guest(s)“) across various third-party channels. The Guesty Lite Platform includes multiple functions such as reservation management, channel management, automation tools, financial management, task management, and analytics and reporting. Guesty Lite Platform can also be used with third-party online travel agencies (such as Airbnb, Booking, and others) integrated into the Guesty Lite Platform (the “Third Party Channels”). By using Guesty Lite Platform, the Customers can also manage interactions with external third-party service providers (the “Third Party Service Providers”).
1. Customer’s Account.
  Each Customer has an “Account” on Guesty Lite, with which the Customer can manage multiple Listings. The Account is accessible by the Account’s administrator (the “Admin”), who is given tools for managing the Account.>
2. Add-On Services
  The Customer may also choose to use any of Guesty’s additional add-on services offered within the Guesty Lite Platform, such as a booking website, damage protection, price optimizer, etc. (the “>Add-On Services”). These Add-On Services may be subject to additional terms and conditions and associated fees, 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 Guesty completes processing, evaluating, and considering the Customer’s application, Guesty will determine, at its sole discretion, whether to accept or decline the Customer’s application to register to Guesty Lite. Guesty is 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 Guesty may or may not make regarding the Customer’s application or admission. Guesty decision is final and non-contestable. If Guesty declines the Customer’s application to register to Guesty Lite, these Terms will immediately terminate. If Guesty believes, at its 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, Guesty reserves the right to suspend or terminate the Customer’s application to register to Guesty Lite and/or the Customer’s Account. However, Guesty has no obligation to verify the accuracy, correctness, or completeness of any information that the Customer or others have provided nor is Guesty 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.
  
  By registering to Guesty Lite, the registrant confirms that they are fully authorized to execute the Subscription Plan on behalf of the Customer and bind the Customer to its terms.
2. Once Registered
  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.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
  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.
  
  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.
  
  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 the Customer to manage future reservations (reservations that were already booked with future check-in dates) on the Guesty Lite Platform Following the registration to Guesty Lite.
  
  The Guesty Lite Platform also integrates with using “Channel Managers” (i.e., a software tool allowing to synchronize and manage listings across multiple booking platforms which Guesty does not have direct Integration with). These Channel Managers are subject to their own terms of use that the Customer must comply with.
  
  Customers are responsible for all payments to Third-Party Channels. Guesty does not assume liability for any issues arising in the Customer’s Account with a Third Party Channel. Guesty does not assume liability for any issues arising in the Customer’s account with a Third Party Channel.
2. Third-Party Service Providers
  Guesty shall not be responsible for Third-Party Service Providers. All communications, transactions payments, and engagements with Third Party Service Providers, are exclusively between the Customer and the relevant Third Party Service Provider. Guesty does not screen, endorse, or recommend Third Party Service Providers and cannot confirm their professional qualifications, skills, licenses, permits, or insurance coverage.
3. Payment Processing Services
  Guesty payment processing services are provided by GuestyPay or other third parties and offered to the Customer on an “as-is” and “as available” basis (“Payment Processor”). Guesty is not liable for errors or malfunctions in such payment processing 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. The Payment Processor may charge additional transaction fees for the integration with the Customer’s Account. Guesty may deduct or withhold any amounts collected through the payment process service, to the extent Guesty determines it to be necessary.
Subscription Plans
1. Subscription Plan
  Customers can choose between three subscription plans: Annual Subscription, Monthly Subscription, or Guesty LiteOptimizer (“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 LiteOptimizer – Annual Plan and Guesty Price Optimizer
  The “Guesty LiteOptimizer” includes an annual subscription for the Guesty Lite services, and access to 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 LiteOptimizer the GPO Solution free trial period (to the extent applicable) shall no longer apply to the Account.
  
  Guesty LiteOptimizer fees shall include:
  1. a fixed annual fee will be charged per listing, 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 “Commission Fee“). The Commission Fee will apply to every reservation that was created while the Guesty LiteOptimizer was active (i.e., regardless of the Listings’ activation status with the GPO Solution). The Commission Fee will be charged on the first day of the following month for the previous month’s checked-in reservations (for example, reservations that were checked in during January shall be charged on February 1).
    
    The Guesty Optilite subscription will remain active for one year from the subscription start date, and cancellation of the Account or deactivation of any of its listings will only terminate the auto-renewal. As long as the Account is active, the Commission Fee charges for the reservations will continue to be collected on a monthly basis as described above. Before cancellation of the Account, any outstanding Commission Fee for reservations that have been confirmed but not yet checked in and created while the Guesty LiteOptimizer subscription was active will be collected in the final invoice.
    
    The terms of the Guesty Price Optimizer (GPO), as outlined in Section 7.3, will apply to Guesty LiteOptimizer Bundle.
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
  In such an event, the 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
  Guesty may, at its 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
  Guesty may periodically adjust fees, rates, packages, and payment cycles of the Subscription Plans. and will notify the Customer in advance of any such changes. The Customer’s continued use of the services after such modifications constitutes acceptance of the updated terms. 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
  The Customer may incur certain other fees or charges for their 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 and Exchange Rates
  Fees are chargeable in US Dollars and rounded up to a full dollar amount. Guesty reserves the right to offer those fees to be charged in other currencies, which may be subject to additional exchange fees. Exchange rates are set by a third-party provider and applied at the time of the transaction. Guesty is not responsible for the exchange rate used or any currency conversion performed.
5. Payment Methods
  The Customer must settle all fees using a credit card or other accepted payment methods provided by Guesty. By providing payment details, the Customer authorizes charges for applicable fees, surcharges, or commissions as agreed with their payment provider. It is the Customer’s responsibility to ensure that the billing information remains accurate, complete, and current, and to promptly update Guesty of any changes. Invoices will be issued by Guesty or its subsidiaries. Payment processing may involve a third-party Payment Processor, for which Guesty is not liable for any mishandling of payment information or security breaches.
  
  If multiple credit cards are linked to the Account, Guesty reserves the right to charge the default payment method at any time for any outstanding balances or transactions associated with the Account.
6. Refunds and Set-off
  Except as set forth in these Terms, the Customer is not entitled to any refunds or reimbursements in connection with Guesty Lite, the Add-On Services, or any associated fees. In any event, the Customer is not entitled to a refund for partial use of Guesty Lite. The Customer is prohibited from offsetting or deducting amounts from fees owed to Guesty.
7. Failure to Pay
  All Guesty’s fees that cannot be processed via the payment method provided by the Customer, as well as outstanding fees for which the no payment method has been provided, are considered overdue. Non-payment of any overdue fee within seven (7) calendar days from its initial due date constitutes a violation of these Terms, entitling Guesty to suspend the Customer’s Account by providing the Customer a prior written notice of at least seven (7) calendar days. Non-payment of any overdue fees within fourteen (14) calendar days from their initial due date, subsequent to the notification as described above, constitutes a significant breach of these terms that could be subject to additional legal collection procedures. Guesty reserves the right to pursue all available legal remedies to collect overdue fees.
8. Late Payment
  Without waiving any other rights and remedies available to Guesty under applicable law, overdue fees may accrue interest at a rate determined in accordance with applicable law or at a rate of 1.5% per month, whichever is higher, accumulated monthly on the outstanding balance from the due date until the date of actual payment. The Customer agrees to reimburse Guesty for all legal costs, chargebacks, chargeback fees, credit card commissions, and attorney fees incurred in the process 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 Guesty’s 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. The Customer is solely responsible for deactivating all active listings within its account on the Third Party Channels. Guesty will not be held responsible for any consequences arising from the cancellation of the Customer’s Account without prior deactivation of the Customer’s active Listings.
3. Suspension or Termination by Guesty.
  In addition to any remedies that may be available to Guesty under any applicable law, Guesty may promptly temporarily, or permanently deny, limit, suspend, or terminate the Customer’s Account, prohibit the Customer from accessing its Account and the Guesty Lite Platform, and take technical and legal measures to keep the Customer off the Guesty Lite Platform, if Guesty, in its reasonable discretion, determine or suspect that (i) the Customer abused the Guesty Lite Platform; (ii) the Customer 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.
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. Guesty may promptly charge the Customer for any of those fees and payments using the payment method the Customer provided.
5. Customer’s Information and Data
  Guesty 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, Guesty 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
  The following terms along with any other clauses that by their nature should survive termination shall survive termination: 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. The Guesty’s Add-On Services may be subject to additional terms and conditions, as well as associated fees, which will be outlined separately. By opting to use any Add-On Services, the Customer agrees to comply with all applicable terms and conditions governing these services and is responsible for paying any related fees as specified.
2. Guest Communication Service (GCS)
  The GCS may be facilitated by a certified third party. In order for the GCS team to access the Customer’s Account, it may need to create a unique user. The Customer acknowledges and agrees that if the designated contact person cannot be reached by the GCS team, or if the Customer is unable to address the inquiry, they may not be able to respond to the inquiry properly or promptly. The Customer acknowledges that it is solely its responsibility for any matters related to GCS accessing its Account, and Guesty will not be liable for any actions or damages resulting from such access. Future reservations that were made before canceling the GCS will be charged according to their rates under the applicable Subscription Plan. Cancellation of the GCS services will be subject to 30 days’ notice.
3. 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:
  
  ● 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.
  
  ● 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.
  
  ● 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.
  
  ● 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. For clarity, as of the GPO activation date, all the reservations in the Guesty Lite Platform that have not yet checked-in, are subject to GPO fees, including those imported from external Third Parties Channel (e.g., Airbnb).
  
  ● 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.
  
  ● Upon termination of the GPO Solution and/or the Customer’s account, all reservations that have been confirmed but not yet checked in will be invoiced and charged as per the standard billing procedures.
4. Booking Website Tool (Booking Engine)
  
  The Customer may opt to use Guesty website creation services. By using the website creation services, the Customer agrees and acknowledges the following: The Customer bears full responsibility for all content uploaded, posted, transmitted, or otherwise made available on the website created by the Customer (referred to as the “Content“). The Customer acknowledges and agrees that Guesty does not assert ownership over the Content, nor will it be considered the “publisher” of such Content, nor be liable for any consequences arising from it. The Customer is obligated to ensure that the website fully complies with all applicable laws, regulations, accessibility regulations, privacy, and any other contractual terms governing its use, including those specific laws applicable to the Customer, its Guests, and/or website visitors in any geographic location.The Customer’s utilization of the service does not guarantee compliance with applicable laws, including, but not limited to data protection laws and website accessibility laws, and Guesty bears no responsibility for the Customer’s adherence to such laws.The Customer is exclusively responsible for establishing terms of service for its website and a privacy policy that aligns with all applicable laws.Notwithstanding the foregoing, Guesty shall not be held accountable or liable to the Customer, its Guests, or website visitors for any breaches of applicable law committed by the Customer or its Guests.
Technical support; Suspension and Maintenance
1. Technical Support.
  
  Guesty will provide the Customer technical support for questions, problems, and inquiries regarding Guesty Lite, during regular business days and hours, and pursuant to the support scheme, hours, and channels as may depending on the nature and complexity of the issue. Guesty will make genuine efforts to respond to the Customer’s technical questions, problems, and inquiries quickly. However, Guesty: (i) may not provide such support for matters that deem, at Guesty’s 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 Guesty may also refer the Customer to Guesty Lite’s self-help center or FAQ pages, which provide explanatory sections about various aspects of Guesty Lite.
2. Changes; Temporary Suspension
  Guesty will make genuine efforts to notify the Customer ahead of time of any changes or temporary suspension of Guesty Lite but cannot guarantee to do so in circumstances where urgent changes are required (such as for reasons of compliance with applicable laws or to address security issues). Guesty may, at any time and without prior notice, change the layout, design, scope, features, or availability of Guesty Lite. Such changes may, by their nature, cause inconvenience or even malfunctions. THE CUSTOMER ACKNOWLEDGES AND AGREES THAT GUESTY DOES 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.
3. Periodic Maintenance
  Guesty may perform periodic maintenance on Guesty Lite or any of the Add-On Services, in whole, or part, for all users, or for certain users to ensure optimal performance and security. Scheduled maintenance will be communicated to Customers in advance via email or through Guesty Lite. In the event of critical issues that require immediate attention to prevent or resolve significant disruptions, Guesty may perform unscheduled maintenance without prior notice. Guesty will notify Customers as soon as possible if unscheduled maintenance is necessary. Guesty will make reasonable efforts to minimize the impact of unscheduled maintenance on the availability and functionality of Guesty Lite.
Acceptable use
Guesty may, from time to time, issue guidelines, rules, and instructions addressing, technical, business, marketing, and operational matters concerning Guesty Lite and its use. The Customer shall follow these guidelines and instructions. When using Guesty Lite, the Customer must refrain from:

Breaching these Terms or any applicable rules and instructions Guesty provide;
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;
Interfering with, burdening, or disrupting the functionality of Guesty Lite;
Breaching the security of Guesty Lite or identifying any security vulnerabilities in it;
Circumventing or manipulating the operation or functionality of Guesty Lite, or attempting to enable features or functionalities that are otherwise disabled, inaccessible, or undocumented;
Using or launching any automated system, including robots, crawlers, and similar applications to collect and compile content from Guesty Lite;
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 in which they originally appear or are made available;
Impersonating any person or entity or making any false statements regarding the Customer’s identity, medical condition, agency, or affiliation with any person or entity;
Collecting, harvesting, obtaining, or processing personal information about other users of Guesty Lite;
Using Guesty Lite before the age of 18 years; and/or
Using Guesty Lite for any commercial or other purposes 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 to develop or create a similar or competitive service.The Customer may not post or submit any information, or use Guesty Lite in conjunction with any materials that: (a) Infringe or violate the rights of others, including a person’s right to privacy, or otherwise cause harm to anyone; (b) Depict or identify minors, their details, their address, or ways to contact them; (c) Include software viruses, spyware or any other malicious applications; (d) Posting, publication, dissemination, or making available to the public, are prohibited by any applicable law, including court orders; (e) Are threatening, abusive, harassing, defamatory, libelous, vulgar, violent, obscene or racially, ethnically or otherwise objectionable; or (f) 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]. Guesty will review every request and take necessary action.Guesty may employ technological measures to detect and prevent fraudulent or abusive use of Guesty Lite, in accordance with Guesty’s Privacy Policy. Guesty may suspend the Customer’s Account or block the Customer’s access to and use of Guesty Lite without prior notice if Guesty reasonably believes that the Customer has misused Guesty Lite.

Taxes
Guesty’s fees do not include VAT, sales tax, or any other tax that may be applicable. If these taxes apply, the Customer will be charged accordingly, and the Customer consents to those charges. 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
The Customer instructs Guesty to process any Guest and other personal data elements that the Customer chooses to make available to or through Guesty Lite or that are otherwise shared with Guesty in order to provide and improve the Guesty Lite’s services (hereinafter “Personal Data”). When Guesty follows these instructions, it is operating as the Data Processor. The Customer is the Data Controller who determines which Personal Data elements are relevant, and based on that analysis, and subject to obtaining all required consents, decides in its 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 the Customer’s 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. Guesty Data Processing Addendum is incorporated into these Terms by reference.The Customer shall have sole responsibility for compliance with various data protection regulations including GDPR. The Customer 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.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 the Customer 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. The Customer shall have sole responsibility for the accuracy, quality, and legality of the data and the means by which You acquired the Personal Data.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 provides 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.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 property, listings, reservations, rankings, past guests, communications with guests, etc.).

The Customer is 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.

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.

Although Guesty uses advanced methods to store, backup, and maintain the Customer’s Account data Guesty does so as a mere courtesy to the Customer, and the Customer remains exclusively responsible for maintaining its backups.
Privacy and Copyright PoliciesGuesty respects the Customer’s privacy. Guesty Privacy Policy incorporated into these Terms by reference, explains the privacy practices on Guesty Lite. Guesty reserves the right to revise the Privacy Policy, in whole, or in part, at any time. By continuing to use Guesty Lite and Guesty services, the Customer acknowledges that it has read the updated Privacy Policy and agrees that any use is subject to the terms.Requests to remove content due to alleged copyright infringement must be submitted in accordance with Guesty’s Copyright Policy, which is incorporated into these Terms by reference. Upon receiving a request to remove or re-post content on Guesty Lite, Guesty will review the request and take appropriate action as necessary.
Intellectual propertyGuesty Lite is protected by copyright laws, international copyright treaties, and other intellectual property laws and treaties. Guesty Lite is made available for use and access, not sold or licensed.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 (t 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 overall “look and feel”.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) 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 Guesty goodwill.
Guesty Mobile Application
1. Guesty APP.
  The Customer may be able to access and use Guesty Lite through Guesty’s designated mobile 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 the 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.
  By downloading the Guesty app via the App Store, the Customer agrees to comply with all applicable terms and conditions set forth by Apple Inc. for the use of their platform and services. This includes but is not limited to, any terms outlined in the Apple App Store Terms of Service and the Apple Developer Program License Agreement. Failure to comply with these terms may result in restrictions or termination of the Customer’s access to the App and related services. 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.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.
Pilot Rollout PhaseGuesty may invite Customers to participate in a pilot program for new features that are not yet available to all users on Guesty Lite and are currently in the testing phase (“Pilot”). During the Pilot, Guesty’s Product team monitors the usage of these new features and collects feedback from users to determine if the features are ready for full-scale release or if further modifications and fine-tuning are necessary. Participation in the Pilot may be subject to the Pilot terms and conditions, which may be amended as needed.
Amendments to the Terms
Guesty 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, the Customer agrees it has read the Terms and that any use is subject to it. In case of legal requirement or necessity, Guesty may also introduce immediate changes to these Terms. The latest version of the Terms and the effective date will always be accessible on Guesty’s website.
Keynotes about Guesty
Guesty Lite does not manage the Customer’s Listings, the Customer does. Guesty and its personnel do not ordinarily visit the Customer’s Properties. Guesty is not a real estate agent or broker, a travel agent, nor a provider of travel services and does not guarantee that the Customer will rent out properties at all times or at all, does not guarantee any expected business outcomes or earnings from using Guesty Lite and/or Add-Ons Services.Guesty is not a party to any engagements, transactions, or dealings between the Customer and its Guests. Guesty and its officers, partners, or related parties, shall not be responsible for (without limitation): (i) the properties, their condition, quality, suitability and safety for Guests, the legality of renting them out to Guests, the maintenance of Customer’s properties or the provision or replenishment of supplies in properties or for any thefts, break-ins or vandalism at or to the Customer’s properties, or any other conduct or misconduct taking place in the Customer’s 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.
DISCLAIMER OF WARRANTY
GUESTY LITE AND ADD-ON SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND. GUESTY AND ITS AFFILIATES, AND 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 GUESTY’S PERSONNEL, WHICH IS NOT EXPRESSLY CONTAINED IN THESE TERMS, SHALL BE DEEMED TO BE A WARRANTY BY GUESTY, GUESTY’S AFFILIATES, OR THE PERSONNEL FOR ANY PURPOSE, OR GIVE RISE TO ANY LIABILITY OF GUESTY, GUESTY’S AFFILIATES, OR THE PERSONNEL WHATSOEVER.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE, GUESTY’S 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 GUESTY 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, GUESTY AND GUESTY’S PERSONNEL SHALL NOT BE LIABLE TO THE CUSTOMER FOR ANY DAMAGE ARISING FROM EVENTUALITIES DISCLAIMED UNDER THESE TERMS INCLUDING UNDER THE SECTION TITLED “KEYNOTES ABOUT GUESTY” ABOVE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GUESTY’S 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 GUESTY 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 Guesty Lite or Add-On Services, the Customer’s breach of the 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.
Governing Law and Dispute Resolution
1. Choice of Law
  Regardless of the Customer’s place of residence or where the Customer accesses or uses Guesty Lite from, these Terms and the Customer’s use of Guesty Lite will be governed by and construed solely in accordance with the laws of the State of Delaware, 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 Delaware.
2. Dispute Resolution
  Any and all disputes, claims, or controversies between the Customer or the Customer’s users and Guesty regarding these Terms or the use of Guesty Lite, 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
  ● 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 Guesty 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.● 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 Guesty each expressly and knowingly waive any right to a jury trial.● 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 Guesty; 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
Terms like “Including” or “Such as”, mean without limitation to the preceding phrase. All examples are illustrative, not exhaustive.
1. 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).
2. Waiver and Modification.
  No waiver, concession, extension, representation, alteration, addition, or derogation from these Terms by us, or pursuant to these Terms, will be effective unless consented to explicitly and executed in writing by Guesty’s authorized representative. Failure on Guesty part to demand performance of any provision in these Terms shall not constitute a waiver of any of Guesty rights under these Terms.
3. Successors and Assigns.
  These Terms are personal to the Customer and cannot be assigned without Guesty’s prior written consent. Any attempted or actual assignment by the Customer without Guesty consent is null and void. Guesty may assign Guesty rights and responsibilities under these Terms or transfer them to a third party, including in the event of a merger, acquisition, change of control, or sale of substantially all assets. Guesty may also assign and delegate any or all rights and obligations under these Terms to Guesty subsidiaries (i.e., affiliate companies) without prior notice to the Customer.
4. Severability.
  If any provision is held to be illegal, invalid, or unenforceable, it shall be performed and enforced to the maximum extent permissible to reflect the original intention. The remaining provisions shall remain in full force and effect.
5. Contact us.
  The Customer may contact Guesty with any questions or comments, at: [email protected]
6. UK/EU Non-Business User Addendum. If the Customer is a UK or EU resident and uses 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

Terms of Service
Guesty Lite