TERMS OF SERVICE

In these Terms, “Stayability,” “Company,” “we,” “us,” and “our” refer to Stayability USA LLC, a limited liability company, together with its subsidiaries and affiliates. “Host” means a user who lists a property on the Platform. “Guest” means a user who books or seeks to book a property through the Platform. “You” and “User” refer to any person who accesses or uses the Platform, whether as a Host, Guest, or otherwise.

Stayability is an online marketplace that connects property owners, property managers, and travelers. The Platform may provide: Property listings; Reservation and booking functionality; Host and guest accounts; Messaging tools; Accessibility-related information; Virtual verification services; Third-party verification information; Property search and discovery tools. Stayability does not own, lease, manage, operate, or control the properties listed on the Platform.

Stayability acts solely as a marketplace and technology platform. Unless expressly stated otherwise: Stayability is not a party to rental agreements between hosts and guests. Hosts are solely responsible for their properties. Guests are solely responsible for evaluating whether a property meets their needs. Stayability does not guarantee the accuracy of any listing.

Users may create host or guest accounts. Users agree to: Provide accurate information; Maintain account security; Keep login credentials confidential; Notify Stayability of unauthorized account activity. Users are responsible for all activity occurring under their accounts.

You must be at least 18 years old, and have the legal capacity to enter into a binding contract, to create an account or make a reservation through the Platform. By creating an account, you represent and warrant that you meet these requirements.

Stayability may facilitate reservations and bookings through the Platform. A booking creates a direct relationship between the host and guest. Hosts are responsible for: Property availability; Property conditions; Accuracy of listing information; Compliance with applicable laws. Guests are responsible for: Reviewing property details; Confirming suitability; Complying with house rules; Providing accurate reservation information.

Guest cancellations and refunds are governed by Stayability’s published Cancellation Policy, which is incorporated into these Terms by reference. By making a reservation through the Platform, guests agree to the Cancellation Policy in effect at the time the reservation is confirmed. The applicable cancellation policy will be presented to the guest before the reservation is completed.

Refund eligibility shall be determined in accordance with the Cancellation Policy applicable to the reservation, except where Stayability determines, in its sole discretion, that a refund or partial refund is appropriate due to extenuating circumstances, a qualifying booking issue, fraud, legal requirements, or other circumstances that warrant an exception.

Stayability reserves the right to modify its Cancellation Policy from time to time. Any modifications will apply prospectively and will not affect reservations that have already been confirmed unless required by applicable law.

Once a reservation has been confirmed through the Platform, the host is expected to honor the reservation. A confirmed booking constitutes a binding commitment between the host and the guest, subject to these Terms.

Hosts may cancel confirmed reservations only under limited circumstances, including but not limited to significant property damage, serious safety hazards, government orders or legal restrictions affecting the property, serious medical emergencies, or other exceptional circumstances approved by Stayability. Stayability reserves the sole right to determine whether a cancellation qualifies as an approved exception.

Hosts may not cancel confirmed reservations for reasons of convenience or financial benefit, including but not limited to personal use of the property, accommodating friends or family, accepting a higher-paying reservation, or encouraging or requiring a guest to complete the reservation outside the Stayability Platform.

Improper host cancellations may result in consequences determined by Stayability, including warnings, financial penalties, reduced search visibility, temporary suspension of listings or accounts, withholding of payouts where permitted, or permanent removal from the Platform. The Host Agreement and Host Fee Schedule, incorporated into these Terms by reference, set out the specific cancellation framework applicable to hosts.

Stayability collects payment from guests at the time of booking and processes host payouts in accordance with its published payout schedule. Unless otherwise stated or delayed due to an investigation, dispute, fraud review, chargeback, or other legitimate business reason, host payouts are generally initiated approximately twenty-four (24) hours after the guest’s scheduled check-in.

Stayability reserves the right to delay, adjust, or withhold payouts as reasonably necessary to investigate suspected fraud, policy violations, guest claims, payment disputes, chargebacks, legal requirements, or other circumstances affecting the integrity or security of the Platform, provided that, absent an active legal proceeding, law enforcement request, or ongoing chargeback dispute with the host’s payment institution, any such delay will not exceed ninety (90) days from the date payout was first scheduled without providing the host written notice of the reason for the continued hold.

To protect guests, hosts, and the integrity of the Platform, all reservations initiated through Stayability must be completed through the Platform. Hosts and guests may not encourage, solicit, request, or require payment outside the Platform for reservations initiated through Stayability, nor may they take any action intended to avoid applicable platform fees.

Stayability may investigate suspected attempts to circumvent the Platform and may take appropriate enforcement action, including suspension or termination of accounts, removal of listings, cancellation of reservations, withholding of payouts where permitted by law, or any other remedy available under these Terms or applicable law.

Stayability reserves the right to investigate any suspected violation of these Terms, its policies, or applicable law. Where Stayability determines that a violation has occurred, it may take any action it reasonably deems appropriate, including issuing warnings, removing listings, reducing listing visibility, withholding payouts where permitted, suspending or terminating user accounts, canceling reservations, or pursuing any other remedies available under these Terms or applicable law.

Stayability’s decisions regarding enforcement of these Terms shall be made in its reasonable discretion and are intended to protect guests, hosts, the Platform, and the integrity of the Stayability marketplace.

Stayability may facilitate payment processing through third-party providers. Hosts authorize Stayability to collect booking commissions and applicable fees. Payment processors may impose additional terms and conditions. Stayability is not responsible for payment processor errors, delays, or service interruptions.

Stayability will display the total price of a reservation, inclusive of all mandatory fees known to Stayability at the time of booking (including any Stayability service fee, applicable cleaning fees, and other mandatory host-imposed charges), before the guest completes a reservation. Taxes required by law to be collected on a reservation, including applicable occupancy or lodging taxes, will be identified separately and, where Stayability collects and remits such taxes on a host’s behalf, this will be disclosed on the applicable listing or in the host’s account materials. Hosts remain responsible for any taxes that Stayability does not collect and remit on their behalf.

Accessibility-related information may originate from: Hosts; Property managers; Virtual verification conducted by Stayability; Third-party verification organizations; Photographs, videos, and documentation. Accessibility needs vary significantly among individuals. Stayability does not guarantee: Accessibility; Suitability; ADA compliance; Building code compliance; Accommodation of any specific disability or medical condition. Guests are responsible for independently confirming that a property meets their individual needs before booking.

Because accessibility needs are highly individualized, Stayability strongly encourages guests with specific accessibility requirements to contact the host directly through the Platform’s messaging tools before booking to confirm that a property meets those requirements, and to review any accessibility information provided as a starting point for that conversation rather than as a substitute for it.

Stayability may provide virtual verification services. Virtual verification consists of a remote review of photographs, video, and/or documentation submitted by the host or the host’s representative, and, where noted on the listing, a live video walkthrough conducted by Stayability personnel or a third-party verification organization on Stayability’s behalf. Stayability does not conduct an in-person, on-site inspection of the property as part of virtual verification unless expressly stated otherwise for a specific listing.

Verification is based on information available at the time of review. A property’s physical condition, layout, fixtures, and accessibility features may change after verification is completed, and Stayability has no obligation to re-verify a listing on any particular schedule. Verification: Is informational only; Does not constitute a warranty; Does not guarantee future property conditions; Does not certify ADA compliance; Does not guarantee suitability for any individual. Stayability may modify, suspend, revoke, or update verification status at any time.

Properties displayed on the Platform may include information provided by third-party verification organizations, accessibility consultants, property managers, or other sources. Stayability does not independently guarantee the accuracy of third-party information. Third-party verification does not constitute a warranty by Stayability.

Hosts agree to: Provide accurate listing information; Maintain property conditions consistent with listings; Respond to guest inquiries; Comply with applicable laws; Honor confirmed reservations. Hosts are solely responsible for: Property conditions; Guest safety; Taxes; Permits; Insurance; Compliance with accessibility laws and regulations.

Hosts further agree to promptly update their listing if a property’s accessibility features change in a manner inconsistent with the property’s current listing description or verification status.

Guests agree to: Use the Platform lawfully; Review listing information carefully; Confirm suitability of accommodations; Follow house rules; Respect property and neighbors.

Users may submit reviews, ratings, photographs, comments, and other content. By submitting content, users grant Stayability a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, and display such content in connection with the Platform, including for promotional and marketing purposes. This license survives termination of a user’s account with respect to content already displayed or used prior to termination, but Stayability will not use a former user’s identifiable content in new marketing materials created after the account is closed.

Users may not: Provide false information; Misrepresent property features; Infringe intellectual property rights; Engage in fraud; Interfere with Platform operations; Harass other users. Stayability may suspend or terminate accounts for violations.

If you believe content on the Platform infringes your copyright, you may submit a notice to Stayability’s designated agent in accordance with the Digital Millennium Copyright Act, 17 U.S.C. § 512, including: (a) a physical or electronic signature of the copyright owner or authorized agent; (b) identification of the copyrighted work claimed to be infringed; (c) identification of the allegedly infringing material and information reasonably sufficient to permit Stayability to locate it; (d) your contact information; (e) a statement of good-faith belief that the use is not authorized; and (f) a statement, under penalty of perjury, that the notice is accurate and that you are authorized to act on the copyright owner’s behalf. Notices should be sent to Stayability’s designated agent: Stayability USA LLC, Attn: DMCA Agent, Email: ita@stayability.com. Stayability may remove or disable access to allegedly infringing content and may terminate the accounts of repeat infringers.

Travel and property use involve inherent risks. By using the Platform, users assume all risks associated with: Travel; Property use; Accessibility-related decisions; Interactions with hosts or guests.

To the fullest extent permitted by law, neither Stayability nor its owners, officers, employees, contractors, affiliates, or representatives will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, or bookings, arising out of or relating to the Platform, a listing, a reservation, or these Terms, even if advised of the possibility of such damages.

Except as provided below, and to the fullest extent permitted by law, Stayability’s aggregate liability to a user for any claim arising out of or relating to the Platform, a listing, or a reservation will not exceed the greater of (a) the total service fees paid or payable by that user to Stayability in the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred U.S. dollars ($100).

Nothing in these Terms limits or excludes Stayability’s liability for (a) its own gross negligence, willful misconduct, or fraud, (b) death or personal injury caused by its own negligence, to the extent such liability cannot be limited or excluded under applicable law, or (c) any other liability that cannot be limited or excluded as a matter of applicable law. As between Stayability and a host or guest, and except as set forth in this section, Stayability disclaims liability for property conditions, host conduct, guest conduct, and listing inaccuracies, which remain the responsibility of the host or guest who caused them.

Users agree to indemnify and hold harmless Stayability and Stayability USA LLC from claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising from: Use of the Platform; Property listings; Reservations; User content; Violations of these Terms.

Stayability will indemnify and hold harmless a user from third-party claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) to the extent arising from Stayability’s gross negligence, willful misconduct, or material breach of its express representations in these Terms regarding the scope and nature of its own virtual verification services, subject in all cases to the limitations set forth in the Limitation of Liability section above.

Stayability may offer an optional program, referred to as “Stayability Protection,” that provides guests and/or hosts with certain protections in connection with a reservation, as described in the separate Stayability Protection terms made available at the time of purchase or enrollment. Stayability Protection is not an insurance policy unless expressly identified as such, and, to the extent it is underwritten by a third-party insurer, the identity of the underwriter and the applicable policy terms will be disclosed separately. Participation in Stayability Protection is optional unless otherwise required for a specific booking, and its terms are incorporated into these Terms by reference when a user enrolls.

Stayability may modify the Platform, services, verification standards, pricing, or these Terms at any time. Continued use constitutes acceptance of updated Terms.

Stayability will provide notice of material changes to these Terms by posting an updated effective date on the Platform and, where required by applicable law, by additional notice such as email. Material changes will not apply retroactively to a reservation confirmed before the change takes effect.

These Terms shall be governed by the laws of the State of New Jersey, without regard to its conflict-of-laws principles. You and Stayability agree to the exclusive jurisdiction and venue of the state courts located in Ocean County, New Jersey, and the United States District Court for the District of New Jersey, for any dispute arising out of or relating to these Terms or the Platform, and each party waives any objection to venue in those courts.

If any provision of these Terms is held to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

These Terms, together with any policies incorporated by reference (including the Cancellation Policy, Privacy Policy, Host Agreement, Host Fee Schedule, and any Stayability Protection terms), constitute the entire agreement between you and Stayability regarding the Platform and supersede any prior agreements regarding the Platform.

You may not assign or transfer these Terms or any rights or obligations under them without Stayability’s prior written consent. Stayability may assign or transfer these Terms, in whole or in part, including in connection with a merger, acquisition, reorganization, or sale of assets, without your consent.

Stayability may provide notices to you via the email address or phone number associated with your account, through the Platform, or by posting on the Platform. You may provide notice to Stayability as set out in the Contact Information section below. Notices are deemed given when sent, except that notices to Stayability are deemed given when received.

Stayability will not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including natural disasters, acts of government, pandemics, labor disputes, or failures of third-party service providers, provided that this section does not excuse a host’s or guest’s obligations to one another except as addressed in the applicable Cancellation Policy.

Stayability USA LLC, Email: ita@stayability.com, Phone: 862-213-4427

Stayability is operated by Stayability USA LLC.