FUTURESTAY OFFERS AN ONLINE RENTAL SOFTWARE OPERATING SYSTEM PLATFORM WHICH PROPERTY OWNERS CAN USE TO RENT THEIR RENTAL PROPERTIES TO GUESTS. THE FUTURESTAY SITE AND RELATED SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH YOU, THE END USER (DEFINED BELOW) MAY INTERACT WITH A GUEST FOR PURPOSES OF MANAGING YOUR RENTAL PROPERTY. YOU UNDERSTAND AND AGREE THAT FUTURESTAY PROVIDES ITS PLATFORM AND SITE MERELY AS AN INTERMEDIARY ONLY AND TO FACILITATE THE FOREGOING NETWORK AND IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN YOU AND ANY SUCH PARTY WITH WHICH YOU INTERACT WITH OR ENGAGE VIA THIS SITE (INCLUDING FOR THE AVOIDANCE OF DOUBT, A RENTAL GUEST OF YOURS). FUTURESTAY HAS NO CONTROL OVER THE CONDUCT OF ANY SUCH THIRD PARTY OR OVER ANY OTHER END USERS OF THE SITE OR SERVICES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
By either (i) completing the online registration at www.futurestay.com (the “Site”), Futurestay’s mobile device applications, and/or the applicable registration order form (each such form, if applicable, an “Order Form” and the registration in general, the "Registration Process") or (ii) using any of the Futurestay Services (as defined below) via the Site or (iii) clicking “agree” if prompted before accessing the Services, you, the individual or entity (the "End User" or “you” or “your”) using the Services (as defined below) are agreeing to be bound by the terms of this Futurestay Online Platform User License Agreement (this “Agreement”) with Futurestay, Inc., a Delaware corporation, on behalf of itself and its affiliates ("Futurestay"). For purposes of this Agreement, affiliates shall mean any entity which is, directly or indirectly, controlling or controlled by Futurestay.
So long as End User is in full compliance with all of the Service Terms, Futurestay grants to End User during the Term of this Agreement a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services, and any software provided by Futurestay (the “Software”) to access those Services, solely for the purposes of using Futurestay’s platform on the Site. Futurestay may, in its discretion, offer modifications, updates, upgrades, patches and/or new versions (collectively, the “Standard Upgrades”) of the Site or underlying Software to End User. End User shall promptly install all Standard Upgrades, unless installation is not otherwise required by Futurestay. The Futurestay Services are delivered via an internet “cloud” based medium, however, so any modifications, “patches” or other changes to the Software or Services shall only be made by Futurestay.
Reservation of Rights
Except for the limited license set forth above, Futurestay reserves all rights in and to the Services and Software and End User shall have no rights to the Services or Software except as expressly granted herein. Futurestay reserves the right to discontinue or disable certain features and/or functionality of the Hosted Services that are outdated or otherwise not generally used by Futurestay 's customers. Futurestay reserves the right to discontinue or disable features and/or functionality, or to disable a user account entirely, at its sole discretion. If a user account is disabled or made inaccessible to an End User by Futurestay, Futurestay will make attempts to inform the End User of such restrictions and any requirements that must be satisfied in order to restore End User access to the account. All rights not granted herein are hereby reserved by Futurestay.
End User represents and warrants that (a) it has the right to enter into this Agreement and perform its obligations hereunder in the manner contemplated by this Agreement and the person agreeing to the Service Terms either is the person so agreeing or has the power and authority to bind the End User, (b) this Agreement does not and shall not during the Term conflict with any other agreement entered into by it, (c) use of the Services (or any results of the Services, including but not limited to the collection of any of End User’s customer or other third party’s data) by End User will not violate any law, and (d) it owns (or has been duly licensed to use) all rights in its brands required in order to grant the licenses granted herein. The Services are provided as-is. Except for the foregoing warranties, and to the fullest extent permissible under applicable law, both parties hereto expressly disclaim all representations and warranties, whether express or implied, concerning or related to this Agreement, including but not limited to the implied warranties of non-infringement, merchantability and/or fitness for a particular purpose. Futurestay does not warrant, guarantee or make any representations regarding the use, the results of the use or the benefits, of the Services, or any information contained therein or otherwise provided pursuant to this Agreement. No Futurestay personnel is authorized to make any expansion, modification or addition to this limitation or the exclusion of warranties in this Agreement.
- Futurestay may distribute your short-term rental property to any distribution channels which you have granted permission for, send automated messaging to guests on your behalf, and process guest payments for reservations and other related charges on your behalf.
- Futurestay will automate and control the listings on those channels you have granted connected access.
- You agree that you have the right and responsibility to accept and manage bookings and guest interactions for any properties that you manage via the Futurestay platform.
- Your permitted usage of the Futurestay platform is limited to short term rental of residential properties that you are legally permitted to rent out for less-than-30-day stays, or any length of stay defined as “short term” in your property’s jurisdiction. Any other uses are impermissible, including event hosting, tour operation or equipment rental. Any illegal activity sanctioned by your business in the destination of your property or any activities deemed illegal by the State of Delaware are cause for immediate termination of your Futurestay account and will result in information being shared with the applicable authorities in your jurisdiction. Illegal activities prohibited include, but are not limited to, theft, fraud, prostitution, and human trafficking.
Cost and Charges:
- The fees for Futurestay’s services may be charged via various methods, including but not limited to subscription service fee. Futurestay reserves the right to change the methods and format of fees charged at any time. Changes to the type of charge will be communicated to End Users.
- For reservations booked via your Futurestay website or Futurestay-connected listings on Booking.com, VRBO, Airbnb, Google Vacation Rentals, Expedia, or any other distribution channel, Futurestay may charge a booking fee on the total booking value of each reservation, including required fees You collect from guests at the time of booking, but not including pass-through taxes collected from guests at the time of booking. This booking fee is explained in Futurestay’s pricing information, and may be changed from time to time. Your use of the platform, and acceptance of the pricing agreement for that use, indicates that you accept the pricing presented in that agreement.
- For transactions that Futurestay processes on your behalf, Futurestay may assess a separate payment processing fee on the entire value of payments which Futurestay collects and processes on your behalf. This payment processing fee may be changed from time to time.
- Additional fees: Futurestay reserves the right to assess a fee for various services performed on your behalf related to managing reservation activity, including but not limited to processing cancelation requests, customer support, responding to chargeback requests, collecting additional funds related to reservations, etc. If any such service fees are assessed in a given month, the fees will be included on your next following month’s subscription invoice.
- Futurestay reserves the right to update or modify the fees charged for the services provided at any time.
- All purchases of Futurestay’s service and/or subscription are non-refundable. Cancellation of your service and/or subscription will take effect at the end of the current Paid Term.
Payouts to you:
- For bookings where Futurestay processes guest payments on your behalf, payouts will be made to the bank account You authorize to receive such payments. These payments will be made subject to completion of any business and/or identity verification requirements from our payment processor and meeting those requirements are your responsibility. You are responsible for any fees incurred by the payment processor related to payout payments to your bank account.
- Cancellations for Futurestay-processed bookings that result in the guest being owed a refund will result in a refund being processed by Futurestay.
- If you’d like to issue a refund for a reservation that has already been released to your bank account, funds will be withdrawn from your bank account in advance of the refund.
Responsibility for Issues arising from reservations:
- You are personally responsible for any refunds, chargebacks and/or associated fees that occur as a result of usage of the Futurestay system. Fees assessed for refunds, chargebacks, or other issues vary depending on the online travel agency (OTA) involved, your bank, and the payment method issuer of the traveler.
- You are personally responsible for any damages to property or otherwise that occur as a result of or in the course of a guest rental of your property. Futurestay is not liable for damages to property or other issues arising from guest activity on your property. It is your responsibility to protect your property with respect to insurance and other damage protection required or suggested in your property’s market or jurisdiction.
Term and Termination:
- This Agreement will commence upon the Effective Date and continue for so long as End User uses the Services.
- Futurestay or End User may terminate this Agreement at any time.
- Any fees due to Futurestay from End User for future or prior bookings processed or automated by Futurestay are still due and payable regardless of Termination.
Modifications and Interruptions:
- Futurestay reserves the right to change, modify, or remove the contents of the Site at any time or for any reason at Our sole discretion without notice. However, We have no obligation to update any information on Our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to You or any third party for any modification, price change, suspension, or discontinuance of the Site.
- At times We may release new features to the Site or upgrade current features on the Site. Such new features or upgrades may be offered at additional costs and We have no obligation to provide You with such new features or upgrades without additional payment (if required).
Definitions and key terms:
- Cookie: a small amount of data generated by a website and saved by your web browser. It is used to identify your browser, provide analytics, and remember information about you such as your language preference or login information.
- Customer: refers to the company, organization, or person who registers to use the Futurestay Service to manage short term rental properties and reservations. A Customer includes the primary account owner as well as any designated users on an account who log in to and access a Futurestay service and/or application. For clarity:
- “Customer” and “End user” may be used interchangeably with respect to a user of the Futurestay service for the purposes of managing a rental property and reservations.
- A guest of a Futurestay Customer’s property, whose reservation is processed by Futurestay, is not considered a Customer or End User of Futurestay.
- Device: any internet-connected device such as phone, tablet, computer, or any other device that can be used to visit Futurestay and use its services.
- IP address: Every device connected to the Internet is assigned a number known as an Internet protocol (IP) address. These numbers are usually assigned in geographic blocks. An IP address can often be used to identify the location from which a device is connecting to the Internet.
- Personnel: refers to those individuals who are employed by Futurestay or are under contract to perform a service on behalf of one of the parties.
- Personal Data: any information that directly, indirectly, or in connection with other information - including a personal identification number - allows for the identification or identifiability of a natural person.
- Service: refers to the service provided by Futurestay as described in the relative terms (if available) and on this platform.
- Third-party service: refers to advertisers, service providers, embedded and/or integrated software service providers, contest sponsors, promotional and marketing partners, and others who provide our content or whose products or services we think may interest you or enable/improve operation of Futurestay’s software and services.
- Website: Futurestay’s site, which can be accessed via this URL: https://futurestay.com/.
- You: a person or entity that is registered with Futurestay to use its Services.
Information automatically collected:
We automatically collect certain information when you visit, use, or navigate the platform. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about who and when you use our service, and other technical information. This information is primarily needed to maintain the security and operation of our platform, and for our internal analytics and reporting purposes.
If you are a Futurestay worker or applicant, we collect information you voluntarily provide to us. We use the information collected for Human Resources purposes in order to administer benefits to workers and to screen applicants.
Sale of Business:
The laws of the United States, excluding its conflicts of law rules, shall govern this Agreement and your use of the website. Your use of the website may also be subject to other local, state, national, or international laws.
Links to Other Websites:
Blocking and disabling cookies and similar technologies:
You may set your browser to block cookies and similar technologies, but this action may block our essential cookies and prevent our website from functioning properly, and you may not be able to fully utilize all of its features and services. You should also be aware that you may also lose some saved information (e.g. site preferences) if you block cookies on your browser. Different browsers make different controls available to you. Disabling a cookie or category of cookie does not delete the cookie from your browser, you will need to do this yourself from within your browser, you should visit your browser’s help menu for more information.
We may display, include or make available third-party content (including data, information, applications, and other product services) or provide links to third-party websites or services (“Third-Party Services”).
You acknowledge and agree that Futurestay shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Futurestay does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.
Third-Party Services and links thereto are provided solely as a convenience to you, and your access and use of them is entirely at your own risk and subject to such third parties’ terms and conditions and other policies.