DRAFT — pending legal review, last updated [DATE]
This document is a working draft prepared for review by counsel. It is not final and is not legal advice. Bracketed items such as [COMPANY LEGAL NAME] are placeholders that have not been decided yet.
Terms of Service
These Terms of Service (the “Terms”) govern your use of PropertyPal, a software platform operated by [COMPANY LEGAL NAME], a [STATE] [ENTITY TYPE] (“PropertyPal”, “we”, “us”). By creating an account, listing a property, or booking a stay through PropertyPal, you agree to these Terms. If you book a stay as a guest, the shorter Guest Booking Terms also apply. Our Privacy Policy explains how we handle personal information.
1. Who we are and what PropertyPal does
PropertyPal is software for self-managing property owners and small property managers. It provides listing pages, direct booking and card checkout, calendars, guest messaging, task management, owner statements, payout tracking and reconciliation tools.
PropertyPal is a software provider. We do not own, operate, manage, lease or inspect any property listed on PropertyPal. We are not a real estate broker, travel agency, insurer or property manager. The host who lists a property is solely responsible for it and for the stay.
2. Definitions
- Host means the owner or property manager who lists a property on PropertyPal and offers it for booking.
- Owner means a person who owns a listed property, whether they manage it themselves or through a property manager.
- Property manager means a person or business that manages properties for owners and operates an organization account on PropertyPal.
- Staff means people a property manager invites to an organization, for example cleaners or maintenance staff.
- Guest means a person who inquires about, books or stays at a listed property. Guests may book without an account or create a guest account.
3. Accounts and roles
You can sign up with an email address and password or with Google sign-in. When you sign up you choose a role: owner, property manager or guest. Property managers can invite staff and owners into their organization. You must be at least [MINIMUM AGE] years old and able to form a binding contract to create an account.
- You must give accurate information and keep it up to date.
- You are responsible for keeping your password, sign-in method and any API keys secure, and for all activity under your account.
- Property managers are responsible for the people they invite, for the access they grant, and for removing access when someone should no longer have it.
- If you issue API keys or connect external tools to PropertyPal, actions taken with those keys are treated as actions taken by your organization.
4. Subscription fees and billing
Property manager organizations pay a subscription fee to use PropertyPal. The current list price is $40 per active property per month, with a minimum of one property. Billing is handled by Stripe. The number of billed properties is set from your active properties when the subscription starts and may be adjusted as your portfolio changes. [TRIAL TERMS, IF ANY]
- Subscriptions renew automatically each billing period until cancelled.
- You can manage or cancel your subscription from the billing page, which opens the Stripe customer portal. Cancellation takes effect at the end of the current billing period unless stated otherwise.
- If a payment fails or a subscription lapses, access to most of the product is restricted until billing is restored. You can still reach the billing page to resubscribe.
- Fees are non-refundable except where required by law or stated in writing. [REFUND POLICY]
- Fees do not include taxes. You are responsible for any applicable sales or use taxes.
- We will give at least [NOTICE PERIOD] notice before changing subscription prices.
Separately from the subscription, PropertyPal may charge a platform fee on direct bookings. The current platform fee is [PLATFORM FEE]. Any platform fee is shown to the host before it applies.
5. Direct bookings and payments
Hosts can take bookings directly from guests through their PropertyPal listing pages. When a host has connected a Stripe account and enabled card payments, guests pay by card through Stripe Checkout. Otherwise, guests can only send a booking request or inquiry, and no payment is taken through PropertyPal.
The host is the guest’s contracting party. The rental agreement for a stay is between the guest and the host. PropertyPal is not a party to it. [MERCHANT-OF-RECORD WORDING — SEE COUNSEL NOTE]
- Payments. Card payments are processed by Stripe. The booking amount is transferred to the host’s connected Stripe account, less any platform fee. Hosts must accept Stripe’s terms, including the Stripe Connected Account Agreement, and are responsible for keeping their Stripe account in good standing.
- Holds. When a guest starts checkout, the dates are held for 30 minutes. If payment is not completed in that time, the hold is released.
- Prices and policies. The host sets the nightly rates, pricing rules, cleaning and other fees, deposits, minimum and maximum stay, house rules and cancellation policy. PropertyPal calculates quotes from the host’s settings but does not set or review them.
- Cancellations and refunds. The host decides whether a booking is cancelled and whether a refund is due, under the host’s own policy and applicable law. When a host issues a refund through PropertyPal, the refund is returned to the guest’s card and the corresponding amount is reversed from the host’s Stripe account.
- Disputes and chargebacks. The host is responsible for responding to guest complaints, payment disputes and chargebacks relating to their stays. [CHARGEBACK LIABILITY ALLOCATION]
- Taxes. The host is responsible for determining, collecting, reporting and remitting all lodging, occupancy, sales and other taxes that apply to their stays. Hosts can add tax line items to quotes, but PropertyPal does not determine tax rates and does not file or remit taxes on anyone’s behalf.
- Permits and the property. The host is responsible for obtaining and complying with all short-term rental permits, registrations, zoning rules, HOA or lease restrictions and safety requirements, and for the condition, safety, accuracy of description and insurance of the property.
6. Guest obligations
If you book or stay at a property listed on PropertyPal, you agree to:
- Give accurate booking and contact information and pay all amounts due.
- Follow the host’s house rules, occupancy limits, check-in and check-out times and cancellation policy.
- Use the property lawfully and respectfully and leave it in the condition you found it.
- Raise problems with the stay directly with the host.
See the Guest Booking Terms for a short summary shown at checkout.
7. Calendar sync limits
PropertyPal can import calendars from other booking sites and publish an export calendar using the iCal format. This sync has important limits:
- iCal carries dates only. It does not sync rates, listing content, guest details or messages.
- Imported calendars are refreshed on a schedule, currently twice a day. Other sites fetch the export calendar on their own schedules. Sync is not real-time.
- PropertyPal is not a channel manager. Double bookings can happen between sync runs. Hosts are responsible for checking availability across every site where they list a property and for resolving any overlap.
- Hosts who connect a property management system such as Hostaway authorize PropertyPal to use those credentials to import reservation and payout data for reconciliation.
8. AI features
PropertyPal includes features that use third-party artificial intelligence models.
- Drafts that a person approves. The Finance Agent drafts month-end owner statement emails, and the inbox can draft replies to guests. These drafts are never sent until a person on your team reviews and approves or sends them.
- Assistants that answer directly. The in-app assistant answers questions for signed-in users. A listing assistant on public listing pages answers guest questions automatically using the listing’s public information.
- AI output can be incomplete, out of date or wrong. You are responsible for reviewing any draft before you approve or send it, and for anything you send.
- AI output and reconciliation flags are informational. They are not financial, accounting, tax or legal advice.
9. Messages and automated emails
PropertyPal sends transactional emails such as booking confirmations, receipts, check-in instructions, inquiry alerts, invitations and owner statements. Hosts can turn on automated guest and staff messages that send on a schedule without manual review. Hosts are responsible for the content of the messages they send or automate, including any access codes or Wi-Fi details they include, and for complying with laws that apply to those messages.
10. Owner statements and reconciliation
Owner statements, payout records and reconciliation results are generated from data entered into or imported into PropertyPal. They are only as accurate as that data. They are tools to help hosts and owners review their numbers and do not replace an accountant, bookkeeper or audit.
11. Acceptable use
You agree not to:
- List a property you do not have the right to rent, or post false or misleading listings or reviews.
- Discriminate against guests in violation of law, or use PropertyPal to harass anyone.
- Use PropertyPal for fraud, money laundering or any unlawful purpose.
- Send spam or unsolicited marketing through PropertyPal’s messaging or email features.
- Access another organization’s data, probe or bypass security or rate limits, or scrape PropertyPal except through the documented API with a valid key.
- Upload malware or content that infringes someone else’s rights.
- Resell or sublicense PropertyPal without our written permission.
12. Your content
You keep ownership of the content you add to PropertyPal, such as listing descriptions, photos, messages and financial records. You give PropertyPal a non-exclusive, worldwide, royalty-free license to host, store, copy, display and process that content to operate, secure and improve the service. Listing information and photos you publish are visible to the public, and photos are served from public web addresses. You confirm you have the rights to the content you upload.
13. PropertyPal’s intellectual property
PropertyPal and its software, design and branding are owned by [COMPANY LEGAL NAME] and its licensors. These Terms give you a limited, non-exclusive, non-transferable right to use PropertyPal while your account is in good standing. If you send us feedback, we may use it without obligation to you.
14. Third-party services
PropertyPal relies on third-party services, including Stripe for payments, Google for sign-in, booking sites that publish iCal calendars, property management systems such as Hostaway, and AI model providers. Your use of those services is governed by their own terms. We are not responsible for their availability or conduct.
15. Suspension and termination
You can stop using PropertyPal at any time and can ask us to close your account by emailing [CONTACT EMAIL]. We may suspend or terminate access if you breach these Terms, create risk or legal exposure for us or others, or fail to pay fees. Hosts remain responsible for bookings already accepted, refunds owed and taxes due after their account ends. Sections that by their nature should survive termination will survive.
16. Disclaimers
PropertyPal is provided “as is” and “as available”. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We do not guarantee that PropertyPal will be uninterrupted or error-free, that calendars will stay in sync, that AI output will be accurate, or that any property, host or guest will meet your expectations.
17. Limitation of liability
To the fullest extent permitted by law, PropertyPal will not be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or bookings. Our total liability for any claim relating to PropertyPal is limited to [LIABILITY CAP]. Some jurisdictions do not allow these limits, so they may not apply to you.
18. Indemnity
Hosts agree to defend, indemnify and hold harmless PropertyPal from claims arising out of their properties, listings, stays, taxes, permits, messages or breach of these Terms. [INDEMNITY SCOPE]
19. Governing law and disputes
These Terms are governed by the laws of the State of [STATE], without regard to conflict-of-law rules. [DISPUTE RESOLUTION: ARBITRATION / CLASS-ACTION WAIVER / VENUE]
20. Changes to these Terms
We may update these Terms. If a change is material, we will notify account holders by email or in the product at least [NOTICE PERIOD] before it takes effect. Continuing to use PropertyPal after the change takes effect means you accept the updated Terms.
21. Contact
[COMPANY LEGAL NAME], [MAILING ADDRESS]. Email: [CONTACT EMAIL].