Terms of Service

1. Who these terms are for

These Terms of Service (the "Terms") are an agreement between TravelPal, Inc. ("TravelPal", "we", "us") and the business entity that creates a TravelPal account or uses the TravelPal service (the "Customer", "you"). TravelPal is a business-to-business service. By creating an account, connecting a property management system, or using the service, you confirm that you are acting on behalf of a business and that you have authority to bind that business to these Terms.

2. The service

TravelPal is a software service that connects to the Customer's property management system, answers guest messages on the Customer's behalf, offers paid extras such as early check-in and late checkout at prices the Customer sets, collects guest payments for those extras through third-party payment processors, and records the results in the Customer's property management system.

TravelPal is not a travel agency, a booking platform, or a party to any reservation. The rental agreement for any stay is between the Customer and its guest, and the Customer remains responsible for its listings, its properties, its prices, and its guest relationships.

3. Accounts

You agree to provide accurate account information and to keep it current. You are responsible for safeguarding account credentials and for all activity under your account, including activity by your team members. Notify us promptly at eddy@travelpal.ai if you believe your account has been accessed without authorization.

4. Customer data and guest messages

As between the parties, the Customer owns its data: its Guesty content, its guest conversations, its property knowledge, and its configuration. The Customer grants TravelPal a license to process this data solely to provide, secure, and improve the service, as described in our Privacy Policy.

The Customer is responsible for having a lawful basis to share guest information with TravelPal, including any notices or consents required where the Customer operates. TravelPal processes guest data on the Customer's behalf and follows the Customer's instructions given through the service, including corrections and deletions of property knowledge.

5. AI-generated responses

The service generates automated replies to guest messages. TravelPal is designed to answer from property facts, to hold uncertain questions for the Customer's team, and to stop and alert a person on complaints, but automated systems can make mistakes and TravelPal does not warrant that every reply will be accurate, complete, or appropriate for every situation. The Customer is responsible for reviewing the knowledge the service uses, for the prices and policies it configures, and for supervising the guest relationships the service supports.

6. Fees and payment

The service is billed as a monthly subscription per active unit, at the pricing published at asktravelpal.com/pricing or as otherwise agreed in writing. Subscription fees are billed monthly in advance and are non-refundable except where required by law. TravelPal charges no commission on the Customer's upsell revenue. You are responsible for applicable taxes other than taxes on TravelPal's income.

Guest payments for extras are processed by third-party payment processors under their own terms. TravelPal does not store full payment card numbers.

7. Third-party services

The service depends on third-party services that TravelPal does not control, including Guesty, booking platforms, and payment processors. Their availability, conduct, and terms are their own, and TravelPal is not responsible for their outages, errors, or policy changes. The Customer is responsible for maintaining its own agreements with those services.

8. Intellectual property

TravelPal and its licensors own the service, including its software, design, and trademarks. TravelPal grants the Customer a limited, non-exclusive, non-transferable license to use the service for the Customer's internal business purposes during the subscription term, subject to these Terms. You may not copy, modify, resell, reverse engineer, or build a competing service from the service. If you send us feedback or suggestions, we may use them without obligation to you.

9. Confidentiality

Each party agrees to protect the other's non-public business information with at least reasonable care, to use it only as needed to perform under these Terms, and not to disclose it to third parties except to employees, advisors, and service providers who need it and are bound by comparable obligations, or where disclosure is required by law.

10. Disclaimers

The service is provided on an "as is" and "as available" basis. To the fullest extent permitted by law, TravelPal disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. TravelPal does not warrant that the service will be uninterrupted or error-free. Some jurisdictions do not allow the exclusion of implied warranties, so parts of this section may not apply to you.

11. Limitation of liability

To the fullest extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits or lost revenue, arising out of or related to these Terms, even if advised of the possibility of such damages. Except for the Customer's payment obligations and either party's indemnification obligations, each party's total liability arising out of or related to these Terms is limited to the amounts the Customer paid to TravelPal for the service in the twelve months before the event giving rise to the claim.

12. Indemnification

The Customer will defend and indemnify TravelPal against third-party claims arising from the Customer's properties, listings, guest relationships, or content, from the Customer's violation of these Terms, or from the Customer's violation of law or third-party rights. TravelPal will defend and indemnify the Customer against third-party claims that the service, as provided by TravelPal and used as permitted, infringes their intellectual property rights.

13. Term and termination

The subscription runs month to month, and either party may cancel effective at the end of the current billing period. TravelPal may suspend or terminate the service for material breach, including non-payment, with notice where practicable. After termination, TravelPal will, on written request made within thirty days, provide a reasonable export of the Customer's data, and will then delete Customer data as described in the Privacy Policy. Sections that by their nature should survive termination do survive, including confidentiality, disclaimers, limitation of liability, indemnification, and dispute resolution.

14. Governing law and disputes

These Terms are governed by the laws of the State of New York, without regard to conflict of law principles. Any dispute arising out of or relating to these Terms will be resolved by binding arbitration in New York, New York under the commercial arbitration rules of the American Arbitration Association, and judgment on the award may be entered in any court with jurisdiction. Each party bears its own costs and an equal share of the arbitration fees. BOTH PARTIES WAIVE THEIR RIGHT TO A JURY TRIAL IN ANY PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS.

15. General

These Terms, together with the Privacy Policy and any written order agreed between the parties, are the entire agreement between the parties about the service. TravelPal may update these Terms; material changes will be notified to the Customer, and continued use of the service after the effective date of a change constitutes acceptance. Neither party may assign these Terms without the other's consent, except to a successor in a merger, acquisition, or sale of substantially all assets. If a provision of these Terms is unenforceable, the rest remains in effect. A failure to enforce a provision is not a waiver. Neither party is liable for delay or failure caused by events beyond its reasonable control. Notices to TravelPal go to eddy@travelpal.ai.

Contact

Questions about these Terms: email eddy@travelpal.ai or use the contact page.