Terms of Service

These Terms of Service ("Terms") govern your use of the Hostary platform, including our website at hostary.app, our web application at app.hostary.app, and the Hostary TV device software (collectively, the "Service"). By creating an account or using the Service, you agree to these Terms. If you do not agree, please do not use the Service.

In these Terms, "Device" refers to the physical Hostary streaming device. "Property" refers to a vacation rental managed through the Service. "Guest" refers to a visitor staying at a Property.

1. Description of Service

Hostary provides a guest TV experience platform for vacation rental hosts. The Service includes:

• A web dashboard for managing properties, guest information, and TV content.
• A TV-based guest interface displayed on Hostary Devices, featuring personalized welcome screens, WiFi QR codes, property information, local recommendations, and streaming app management.
• Automatic reset of streaming app sessions between guest stays.

The Service requires a Hostary Device connected to a TV at your Property and an active internet connection.

2. Account Registration and Security

• You must provide accurate and complete information when creating an account.
• You must be at least 18 years old or the age of majority in your jurisdiction.
• You are responsible for maintaining the security of your account credentials and must notify Hostary immediately of any unauthorized access.
• Accounts are non-transferable.
• Hostary reserves the right to suspend or terminate accounts that violate these Terms.

3. Subscriptions and Billing

• Subscription plans and pricing are described on our Pricing page.
• Subscriptions automatically renew unless cancelled before the renewal date.
• Payments are processed through Stripe. By subscribing, you also agree to Stripe's terms of service.
• Price changes will be communicated at least 30 days in advance.
• Upon cancellation, your Service continues until the end of the current billing period. No refunds are provided for partial billing periods.
• Annual plans may include free Devices as described on the Pricing page. If an annual plan is cancelled before the end of its term, Hostary reserves the right to charge the retail price for any included Devices.

4. Acceptable Use

You agree to use the Service only for lawful purposes related to managing vacation rental properties. You must not:

• Upload malicious, offensive, or illegal content.
• Attempt to reverse-engineer, decompile, or tamper with the Service or Devices.
• Use the Service to collect personal information beyond what is necessary for the guest experience.
• Resell or redistribute the Service without written authorization.
• Interfere with or disrupt Service infrastructure.

Property information you display through the Service (house rules, recommendations, etc.) must be accurate and lawful. You are responsible for all content you upload.

5. Guest Data and Privacy Obligations

As a host, you act as the data controller for guest information you enter into the Service. You are responsible for ensuring you have the appropriate legal basis to collect guest names and share them with Hostary for display on TV devices (for example, through your rental agreement).

Hostary acts as a data processor for guest information, processing it solely to provide the Service. Guest streaming app sessions are automatically cleared upon checkout. You must not attempt to access or retain guest streaming credentials.

For full details on data handling, see our Privacy Policy.

6. Intellectual Property

The Hostary name, logo, software, and Service design are the property of Hostary. You may not use Hostary trademarks without written permission.

You retain ownership of the content you upload (property descriptions, photos, recommendations). By uploading content, you grant Hostary a license to display it through the Service on TV devices and the web dashboard.

Feedback and suggestions you provide to Hostary may be used to improve the Service without obligation.

7. Hostary Devices

• Devices are sold by Hostary and shipped to the contiguous United States. International shipping is available by arrangement.
• Devices must be used exclusively with the Hostary Service. Tampering, jailbreaking, or modifying device software voids the warranty.
• Hostary may push firmware updates to Devices. These updates are mandatory for continued Service operation.
• If your subscription is cancelled or terminated, Devices will cease to function as Hostary guest dashboards but remain your physical property.
• Devices may be returned within 30 days of purchase for a full refund if undamaged.

8. Service Availability and Modifications

Hostary aims for high availability but does not guarantee uninterrupted service. Planned maintenance will be communicated in advance when possible. We may modify, update, or discontinue features with reasonable notice.

In the event of Service discontinuation, Hostary will provide at least 90 days notice and pro-rated refunds for prepaid subscriptions.

9. Limitation of Liability

The Service is provided "as is" and "as available." Hostary is not liable for:

• Lost revenue due to Service downtime.
• Guest complaints arising from content you display.
• Inaccurate property information entered by you.
• Third-party service outages (Firebase, Stripe, internet providers).

To the fullest extent permitted by applicable law, Hostary's maximum liability is limited to the fees you paid in the 12 months preceding the claim.

For EU/UK users: nothing in these Terms limits liability for death or personal injury caused by negligence, fraud, or any liability that cannot be excluded by law.

10. Indemnification

You agree to indemnify and hold Hostary harmless from any claims arising from your use of the Service, content you upload, violation of these Terms, or your relationship with guests. Hostary will notify you of any such claim and cooperate in the defense.

11. Termination

You may cancel your subscription at any time through your account dashboard or by contacting support.

Hostary may terminate or suspend your account for violation of these Terms, non-payment, prolonged inactivity (12+ months), or legal requirements.

Upon termination, your access to the Service ceases, your data is retained for 30 days (during which you can request an export), and Devices stop displaying the Hostary guest dashboard. The following sections survive termination: Limitation of Liability, Indemnification, Intellectual Property, and Governing Law.

12. Dispute Resolution

If a dispute arises, we encourage you to contact us first at support@hostary.app. We will attempt to resolve the matter through good faith negotiation within 30 days before any formal proceedings.

For US users, these Terms are governed by the laws of the State of California, with exclusive jurisdiction in Fresno County, California.

For EU/UK users, you retain the right to bring proceedings in your local courts as required by consumer protection law. Nothing in these Terms affects your statutory rights.

13. Changes to These Terms

We may update these Terms from time to time. Material changes will be communicated at least 30 days before taking effect via email or a prominent notice on our website. Continued use of the Service after changes take effect constitutes your acceptance. If you disagree with changes, you must stop using the Service and cancel your subscription.

14. General Provisions

• Severability: if any provision of these Terms is found unenforceable, the remaining provisions continue in full effect.
• Entire agreement: these Terms, together with the Privacy Policy, constitute the entire agreement between you and Hostary.
• Waiver: failure to enforce a provision does not constitute a waiver of that provision.
• Assignment: Hostary may assign these Terms in connection with a business transfer. You may not assign your rights without our consent.
• Force majeure: neither party is liable for failure to perform due to circumstances beyond reasonable control.

15. Contact Us

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

• Email: support@hostary.app
• Address: Hostary, Clovis, CA