Terms of Service

These Terms of Service (the “Terms”) constitute a legally binding agreement between you, whether individually or on behalf of an entity (“User,” “you,” or “your”), and HostOp LLC, a Texas limited liability company (“HostOp,” “Company,” “we,” “us,” or “our”), governing your access to and use of the website located at https://hostop.ai/ and any related software, applications, content, functionality, and services made available therein (collectively, the “Service”).

BY ACCESSING OR USING THE SERVICE IN ANY MANNER, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, YOU MUST NOT ACCESS OR USE THE SERVICE.

ELIGIBILITY; AUTHORITY

You represent and warrant that you are at least eighteen (18) years of age and possess the legal capacity to enter into a binding agreement under applicable law. If you are accessing or using the Service on behalf of a company, organization, or other legal entity, you further represent and warrant that you have full authority to bind such entity to these Terms, in which case the term “User” shall include such entity.

DESCRIPTION OF SERVICE

HostOp provides a cloud-based software-as-a-service (SaaS) platform designed to assist short-term rental operators and property managers with operational automation, messaging, pricing optimization, and workflow management.

HostOp reserves the right, in its sole discretion and without notice or liability to modify, suspend, or discontinue, temporarily or permanently, any aspect of the Service, including the availability of any feature, functionality, or content.

ACCOUNT REGISTRATION; SECURITY

Access to certain features of the Service requires the creation of an account. In registering for an account, you agree to provide accurate, current, and complete information and to update such information as necessary.

You are solely responsible for:
(a) maintaining the confidentiality of your login credentials;
(b) all activities conducted through your account; and
(c) ensuring that your use of the Service complies with these Terms and applicable law.

You agree to notify HostOp immediately of any unauthorized access to or use of your account. HostOp shall not be liable for any loss or damage arising from your failure to safeguard your credentials.

HostOp reserves the right to suspend or terminate your account at any time if we reasonably believe that you have violated these Terms or that your use of the Service poses a risk to the Company, the Service, or other users.

FREE TRIAL

HostOp may, in its sole discretion, offer a fourteen (14)-day free trial to new users. Unless you cancel your subscription prior to the expiration of the trial period, your account will automatically convert to a paid subscription, and you authorize HostOp (through its designated payment processor) to charge the applicable subscription fees to your designated payment method.

SUBSCRIPTIONS; FEES; PAYMENT TERMS

The Service is provided on a subscription basis and billed on a recurring monthly basis unless otherwise specified.

By subscribing to the Service, you agree to:
(a) pay all applicable fees and charges associated with your selected plan;
(b) provide a valid payment method; and
(c) authorize HostOp, directly or through its third-party payment processor (including but not limited to Stripe), to charge such payment method on a recurring basis.

All fees are stated in U.S. dollars and are non-refundable except as expressly required by applicable law. HostOp reserves the right to modify its pricing at any time upon reasonable prior notice.

In the event of payment failure or delinquency, HostOp reserves the right to suspend or terminate your access to the Service without liability.

Separation of Fees. HostOp subscription fees (paid by you to access the HostOp platform) are separate and distinct from Upsell Platform Fees (collected on guest upsell transactions as described in the Upsell Services section). Subscription fees are billed monthly via your HostOp subscription payment method. Platform Fees are deducted from each Upsell transaction at time of charge.

UPSELL SERVICES AND PLATFORM FEES

HostOp's Guest Portal feature allows you ("Operator") to offer optional paid add-ons ("Upsells") to your guests, including but not limited to early check-in, late checkout, damage waivers, and gap night bookings.

Payment Processing. All Upsell transactions are processed through Stripe Connect. To receive Upsell payments, you must create and maintain a connected Stripe account. By connecting your Stripe account to HostOp, you agree to Stripe's Connected Account Agreement (stripe.com/legal/connect-account) and Stripe Services Agreement (stripe.com/legal/ssa).

HostOp Platform Fee. HostOp charges a platform fee equal to two percent (2%) of the gross transaction value of each Upsell ("Platform Fee"). The Platform Fee is automatically deducted at the time of charge. Example: on a $50 Upsell, the Platform Fee is $1.00. Standard Stripe processing fees (currently approximately 2.9% + $0.30 per transaction) are separate and are charged by Stripe directly to your connected Stripe account.

Revenue Flow. Upsell revenue, net of the HostOp Platform Fee and Stripe processing fees, flows directly to your connected Stripe account according to your Stripe payout schedule. HostOp does not hold, custody, or transmit Upsell funds.

Refunds and Chargebacks. You are responsible for honoring refund requests from your guests in accordance with your stated refund policy. When you issue a refund through HostOp, the Platform Fee previously collected on that transaction is automatically refunded to you. Chargebacks and disputes are the responsibility of the Operator and are handled through your connected Stripe account.

Tax Obligations. You are solely responsible for collecting, reporting, and remitting all applicable taxes on Upsell revenue, including sales tax, lodging tax, and income tax. HostOp does not withhold taxes on your behalf. HostOp's Platform Fee is a service fee and may be subject to sales tax in your jurisdiction.

Prohibited Upsells. You may not use the Upsell feature to charge for: services that are illegal in the guest's or property's jurisdiction; damage or security deposits (other than the optional damage waiver product); base accommodation fees (these must be handled through your Property Management System); or any fees that would be deceptive or misleading under applicable consumer protection law.

Fee Modifications. HostOp reserves the right to modify the Platform Fee with thirty (30) days' written notice to active Operators. Continued use of the Upsell feature after the effective date constitutes acceptance of the modified Platform Fee.

CANCELLATION

You may cancel your subscription at any time through your account settings. Cancellation shall take effect at the end of the then-current billing cycle, and you shall remain responsible for all charges incurred through such date. No refunds or credits shall be provided for any unused portion of the subscription term.

ACCEPTABLE USE

You agree not to use the Service in any manner that:
(a) violates any applicable law or regulation;
(b) infringes upon the rights of any third party;
(c) interferes with or disrupts the integrity, performance, or security of the Service;
(d) involves reverse engineering, decompiling, scraping, or unauthorized data extraction; or
(e) violates the terms of service or policies of any third-party platform with which the Service integrates, including but not limited to short-term rental marketplaces.

THIRD-PARTY SERVICES AND INTEGRATIONS

The Service may interoperate with or rely upon third-party services, platforms, or application programming interfaces (APIs), including but not limited to booking platforms and communication tools.

You acknowledge and agree that:
(a) HostOp does not own or control such third-party services;
(b) the availability, accuracy, and functionality of such services are beyond HostOp’s control; and
(c) any changes, interruptions, or failures in such services may adversely affect the functionality of the Service.

HostOp shall have no liability whatsoever for any damages, losses, or claims arising from or related to third-party services.

AUTOMATION; USER RESPONSIBILITY

The Service includes automation features designed to streamline operational processes. You acknowledge and agree that such automation is inherently subject to errors, delays, and inaccuracies.

You are solely responsible for reviewing and verifying all outputs generated by the Service, including but not limited to pricing, communications, booking configurations, and operational workflows. HostOp shall not be responsible for any consequences arising from your reliance on automated processes.

DISCLAIMER OF RESULTS

HostOp does not guarantee any specific results from the use of the Service, including but not limited to increased bookings, revenue, occupancy rates, or operational efficiency. All outcomes are dependent upon numerous factors beyond HostOp’s control.

DATA RIGHTS AND LICENSE

As between the parties, you retain all rights in and to the data you submit to the Service. You hereby grant HostOp a non-exclusive, worldwide, royalty-free license to use, process, store, reproduce, and display such data solely as necessary to provide, maintain, and improve the Service.

HostOp may use aggregated and anonymized data for analytics, benchmarking, and product development purposes.

MARKETING COMMUNICATIONS

By creating an account, you consent to receive communications from HostOp, including transactional messages and promotional or marketing communications. You may opt out of marketing communications at any time in accordance with applicable law.

INTELLECTUAL PROPERTY

The Service and all related intellectual property rights are and shall remain the exclusive property of HostOp and its licensors. Subject to your compliance with these Terms, HostOp grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Service.

DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.

HOSTOP EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL HOSTOP BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES.

HOSTOP’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO HOSTOP DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless HostOp and its affiliates, officers, directors, employees, and agents from and against any claims, damages, liabilities, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to:
(a) your use of the Service;
(b) your violation of these Terms; or
(c) your violation of any third-party rights.

FORCE MAJEURE

HostOp shall not be liable for any delay or failure in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, internet outages, governmental actions, labor disputes, or failures of third-party services.

TERMINATION

HostOp reserves the right to suspend or terminate your access to the Service at any time, with or without notice, if you breach these Terms or if your use of the Service presents a risk to HostOp or others.

GOVERNING LAW

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

DISPUTE RESOLUTION; ARBITRATION

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved exclusively through binding arbitration conducted in the State of Texas in accordance with the rules of a recognized arbitration body.

YOU HEREBY WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE NOT TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.

LIMITATION PERIOD

Any claim arising out of or relating to these Terms must be brought within one (1) year after the cause of action arises, or such claim shall be permanently barred.

MODIFICATIONS TO TERMS

HostOp reserves the right to modify these Terms at any time. Updated Terms will be effective upon posting. Your continued use of the Service constitutes acceptance of such modifications.

CONTACT

For legal inquiries, please contact:

Email: support@hostop.ai