Futurestay Terms and Conditions
Effective August 2022
Futurestay Online Platform User License Agreement
FUTURESTAY OFFERS AN ONLINE RENTAL SOFTWARE OPERATING SYSTEM PLATFORM WHICH PROPERTY OWNERS CAN USE TO RENT THEIR RENTAL PROPERTIES TO GUESTS. THE FUTURESTAY SITE AND RELATED SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH YOU, THE END USER (DEFINED BELOW) MAY INTERACT WITH A GUEST FOR PURPOSES OF MANAGING YOUR RENTAL PROPERTY. YOU UNDERSTAND AND AGREE THAT FUTURESTAY PROVIDES ITS PLATFORM AND SITE MERELY AS AN INTERMEDIARY ONLY AND TO FACILITATE THE FOREGOING NETWORK AND IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN YOU AND ANY SUCH PARTY WITH WHICH YOU INTERACT WITH OR ENGAGE VIA THIS SITE (INCLUDING FOR THE AVOIDANCE OF DOUBT, A RENTAL GUEST OF YOURS). FUTURESTAY HAS NO CONTROL OVER THE CONDUCT OF ANY SUCH THIRD PARTY OR OVER ANY OTHER END USERS OF THE SITE OR SERVICES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
By either (i) completing the online registration at www.futurestay.com (the “Site”), Futurestay’s mobile device applications, and/or the applicable registration order form (each such form, if applicable, an “Order Form” and the registration in general, the "Registration Process") or (ii) using any of the Futurestay Services (as defined below) via the Site or (iii) clicking “agree” if prompted before accessing the Services, you, the individual or entity (the "End User" or “you” or “your”) using the Services (as defined below) are agreeing to be bound by the terms of this Futurestay Online Platform User License Agreement (this “Agreement”) with Futurestay, Inc., a Delaware corporation, on behalf of itself and its affiliates ("Futurestay"). For purposes of this Agreement, affiliates shall mean any entity which is, directly or indirectly, controlling or controlled by Futurestay.
So long as End User is in full compliance with all of the Service Terms, Futurestay grants to End User during the Term of this Agreement a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services, and any software provided by Futurestay (the “Software”) to access those Services, solely for the purposes of using Futurestay’s platform on the Site. Futurestay may, in its discretion, offer modifications, updates, upgrades, patches and/or new versions (collectively, the “Standard Upgrades”) of the Site or underlying Software to End User. End User shall promptly install all Standard Upgrades, unless installation is not otherwise required by Futurestay. The Futurestay Services are delivered via an internet “cloud” based medium, however, so any modifications, “patches” or other changes to the Software or Services shall only be made by Futurestay.
Except for the limited license set forth above, Futurestay reserves all rights in and to the Services and Software and End User shall have no rights to the Services or Software except as expressly granted herein. Futurestay reserves the right to discontinue or disable certain features and/or functionality of the Hosted Services that are outdated or otherwise not generally used by Futurestay 's customers. Futurestay reserves the right to discontinue or disable features and/or functionality, or to disable a user account entirely, at its sole discretion. If a user account is disabled or made inaccessible to an End User by Futurestay, Futurestay will make attempts to inform the End User of such restrictions and any requirements that must be satisfied in order to restore End User access to the account. All rights not granted herein are hereby reserved by Futurestay.
End User represents and warrants that (a) it has the right to enter into this Agreement and perform its obligations hereunder in the manner contemplated by this Agreement and the person agreeing to the Service Terms either is the person so agreeing or has the power and authority to bind the End User, (b) this Agreement does not and shall not during the Term conflict with any other agreement entered into by it, (c) use of the Services (or any results of the Services, including but not limited to the collection of any of End User’s customer or other third party’s data) by End User will not violate any law, and (d) it owns (or has been duly licensed to use) all rights in its brands required in order to grant the licenses granted herein. The Services are provided as-is. Except for the foregoing warranties, and to the fullest extent permissible under applicable law, both parties hereto expressly disclaim all representations and warranties, whether express or implied, concerning or related to this Agreement, including but not limited to the implied warranties of non-infringement, merchantability and/or fitness for a particular purpose. Futurestay does not warrant, guarantee or make any representations regarding the use, the results of the use or the benefits, of the Services, or any information contained therein or otherwise provided pursuant to this Agreement. No Futurestay personnel is authorized to make any expansion, modification or addition to this limitation or the exclusion of warranties in this Agreement.
Futurestay is committed to protecting your privacy. This Privacy Policy explains how your personal and relevant business information is collected, used, and disclosed by Futurestay.
This Privacy Policy applies to our website, its associated subdomains (collectively, our “Service”), mobile applications, and other software and services that operate with our application, Futurestay. By accessing or using our Service, you signify that you have read, understood, and agree to our collection, storage, use, and disclosure of your information as described in this Privacy Policy and our Terms of Service.
To help explain things as clearly as possible in this Privacy Policy, every time any of these terms are referenced, they are strictly defined as:
Some information like your internet Protocol (IP) address and/or browser and device characteristics is collected automatically when you visit our platform. This information may be used to connect your computer to the Internet. Other information collected automatically could be a login or username, e-mail address, password, or computer and connection information such as: browser plug-in types and versions and time zone settings, operating systems and platforms, purchase history, the full Uniform Resource Locator (URL) clickstream to, through, and from our Website that may include date and time; cookie number; parts of the site you viewed or searched for; and the phone number you used to call our Customer Services. We may also use browser data such as cookies, Flash cookies (also known as Flash Local Shared Objects), or similar data on certain parts of our Website for fraud prevention and other purposes. During your visits, we may use software tools such as JavaScript to measure and collect session information including page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page. We may also collect technical information to help us identify your device for fraud prevention and performance diagnostic purposes.
We automatically collect certain information when you visit, use, or navigate the platform. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about who and when you use our service, and other technical information. This information is primarily needed to maintain the security and operation of our platform, and for our internal analytics and reporting purposes.
If you are a Futurestay worker or applicant, we collect information you voluntarily provide to us. We use the information collected for Human Resources purposes in order to administer benefits to workers and to screen applicants.
You may contact us in order to (1) update or correct your information, (2) change your preferences with respect to communications and other information you receive from us, or (3) receive a record of the information we have relating to you. Such updates, corrections, changes, and deletions will have no effect on other information that we maintain, or information that we have provided to third parties in accordance with this Privacy Policy prior to such update, correction, change, or deletion.
We reserve the right to transfer information to a third party in the event of a sale, merger, or other transfer of all or substantially all of the assets of Futurestay to any of its Corporate Affiliates (as defined herein), or that portion of Futurestay or any of its Corporate Affiliates to which the Service relates, or in the event that we discontinue our business or file a petition or have filed against us a petition in bankruptcy, reorganization, or similar proceeding, provided that the third party agrees to adhere to the terms of this Privacy Policy.
We may disclose information (including personal information) about you to our Corporate Affiliates. For purposes of this Privacy Policy, “Corporate Affiliate” means any person or entity which directly or indirectly controls, is controlled by or is under common control with Futurestay, whether by ownership or otherwise. Any information relating to you that we provide to our Corporate Affiliates will be treated by those Corporate Affiliates in accordance with the terms of this Privacy Policy.
This Privacy Policy is governed by the laws of United States without regard to its conflict of laws provision. You consent to the exclusive jurisdiction of the courts in connection with any action or dispute arising between the parties under or in connection with this Privacy Policy except for those individuals who may have rights to make claims under Privacy Shield, or the Swiss-US framework.
The laws of the United States, excluding its conflicts of law rules, shall govern this Agreement and your use of the website. Your use of the website may also be subject to other local, state, national, or international laws.
By using Futurestay or contacting us directly, you signify your acceptance of this Privacy Policy. If you do not agree to this Privacy Policy, you should not engage with our website, or use our services. Continued use of the website, direct engagement with us, or following the posting of changes to this Privacy Policy that do not significantly affect the use or disclosure of your personal information will mean that you accept those changes.
We’ve updated our Privacy Policy to provide you with transparency into what is collected when you visit our site, and how that information may be used. By using the Futurestay service, registering an account, or making a purchase, you hereby consent to our Privacy Policy and agree to its terms.
This Privacy Policy applies only to the FuturestayService, site, and application. The Service may contain links to other websites not operated or controlled by Futurestay. We are not responsible for the content, accuracy, or opinions expressed in such websites, and such websites are not investigated, monitored, or checked for accuracy or completeness by us. Please remember that when you use a link to go from the Services to another website, our Privacy Policy is no longer in effect. Your browsing and interaction on any other website, including those that have a link on our platform, is subject to that website’s own rules and policies. Such third parties may use their own cookies or other methods to collect information about you.
Futurestay uses “Cookies” to identify the areas of our website that you have visited. A Cookie is a small piece of data stored on your computer or mobile device by your web browser. We use Cookies to enhance the performance and functionality of our website, but some cookies are non-essential to the use of our website. However, without these cookies, certain site and application functionality may become unavailable. If you disable Cookies, you may not be able to access functionality on our website correctly or at all. We do not place Personally Identifiable Information in Cookies.
You may set your browser to block cookies and similar technologies, but this action may block our essential cookies and prevent our website from functioning properly, and you may not be able to fully utilize all of its features and services. You should also be aware that you may also lose some saved information (e.g. site preferences) if you block cookies on your browser. Different browsers make different controls available to you. Disabling a cookie or category of cookie does not delete the cookie from your browser, you will need to do this yourself from within your browser, you should visit your browser’s help menu for more information.
We may change our Service and Policies, and we may need to make changes to this Privacy Policy from time to time so that our Service and Policies are accurately reflected. Unless otherwise required by law, we will notify you (for example, through our Service) before we make changes to this Privacy Policy and give you the opportunity to review them before they go into effect. If you continue to use our Service, you will be bound by the updated Privacy Policy. If you do not want to agree to this, or any updated Privacy Policy, you may deactivate your account and discontinue use of our service.
We may display, include or make available third-party content (including data, information, applications, and other product services) or provide links to third-party websites or services (“Third-Party Services”).
You acknowledge and agree that Futurestay shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Futurestay does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.
Third-Party Services and links thereto are provided solely as a convenience to you, and your access and use of them is entirely at your own risk and subject to such third parties’ terms and conditions and other policies.
Contact us:
You may contact us if you have any questions:
Via email: connect@futurestay.com
Via Phone: +1 888 885 3439