Welcome and thank you for using GuestCloudLLC.com!
This Customer Terms of Service Agreement ("Agreement") is a binding contract between Guest Cloud LLC ("GuestCloud," "we," "us," or "our") and you or the entity you represent ("Customer," "you," or "your"). GuestCloud provides Information and Software as a Service ("Services") on our website GuestCloudLLC.com ("Site") under the following terms and conditions. By accessing and/or using the Site, you indicate your acceptance of these terms and conditions.
Using our Services
You must follow any policies made available to you within the Services.
Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.
Our Services may display some content that is not GuestCloud’s. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do.
In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.
Your GuestCloud Account
You may need a GuestCloud Account in order to use some of our Services.
To protect your GuestCloud Account, keep your password confidential. You are responsible for the activity that happens on or through your GuestCloud Account. Try not to reuse your GuestCloud Account password on third-party applications. If you learn of any unauthorized use of your password or GuestCloud Account, contact us immediately.
Your Content in our Services
Some of our Services allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content. In short, what is yours is yours.
When you upload, submit, store, send or receive content to or through our Services, you give GuestCloud a license to use, host, store, reproduce, modify, create derivative works (such as adaptations or other changes we make so that your content works better with our Services), communicate with you about the content, and otherwise use and distribute generic non-identifying information derived from that content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services. Some Services may offer you ways to access and remove content that has been provided to that Service. Make sure you have the necessary rights to grant us this license for any content that you submit to our Services..
If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.
Purchasing Services
For Customers that purchase our Services, fees will be tallied at invoice creation and paid in advance based on the current fee schedule. For example, if a Customer has 20 rooms listed in our Guest Management Service, the Customer fees may include a per month service fee plus a per room per month fee multiplied by the payment period such as monthly, quarterly, and annually.
Payment obligations are non-cancelable and fees paid are non-refundable. If we invoice Customer by email, full payment must be received within thirty (30) days from the invoice date or a late fee of 10% per month may be added. If Customer is paying fees by credit card, a processing fee may be added.
GuestCloud may from time to time add new fees, remove existing fees, or otherwise modify the fees we charge, and when doing so shall provide thirty (30) days notice of fee changes. Fees are stated exclusive of any taxes, levies, duties, or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction (collectively, “Taxes”). Customer will be responsible for paying all Taxes associated with its purchases, except for those taxes based on our net income. Should any payment for the Services be subject to withholding tax by any government, Customer will reimburse us for such withholding tax.
Modifying and Terminating our Services
We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.
You can stop using our Services at any time, although we’ll be sorry to see you go. GuestCloud may also stop providing Services to you, or add or create new limits to our Services at any time.
We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.
Our Warranties and Disclaimers
We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER GUESTCLOUD NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
Liability for our Services
WHEN PERMITTED BY LAW, GUESTCLOUD, AND GUESTCLOUD’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF GUESTCLOUD, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES.
IN ALL CASES, GUESTCLOUD, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
Business uses of our Services
If you are using our Services on behalf of an entity like a business, that entity accepts these terms. It will hold harmless and indemnify GuestCloud and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
About these Terms
We may modify these terms at any time to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We’ll post modifications to these terms on this page. We may also post notice of modified terms in the applicable Service, or elsewhere, but we may not, so don't assume that we will. Changes will become effective as soon as they are posted. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.
If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.
These terms control the relationship between GuestCloud and you. They do not create any third party beneficiary rights.
If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.
The laws of New Hampshire, U.S.A., will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts of New Hampshire, USA, and you and GuestCloud consent to personal jurisdiction in those courts. |