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.

License

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.

Reservation of Rights

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.

Warranties

End User represents and warrants that (a) End User is a minimum of 18 years of age and 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.

General Usage:

• Futurestay may distribute your short-term rental property to any distribution channels which you have granted permission for, send automated messaging to guests on your behalf, and process guest payments for reservations and other related charges on your behalf.
• Futurestay will automate and control the listings on those channels you have granted connected access.
• You agree that you are responsible for the content on your account, including but not limited to listing details, rates, photos, and policies.
• You agree that you have the right and responsibility to accept and manage bookings and guest interactions for any properties that you manage via the Futurestay platform.
• You agree that you are responsible for identifying, obtaining and displaying necessary local, state or federal permits required to list and receive reservations for your properties.  
• Your permitted usage of the Futurestay platform is limited to short term rental of residential properties that you are legally permitted to rent out for less-than-30-day stays, or any length of stay defined as “short term” in your property’s jurisdiction. Any other uses are impermissible, including event hosting, tour operation or equipment rental. Any illegal activity sanctioned by you, your business, or a representative of you/your business in the destination of your property or any activities deemed illegal by the State of Delaware are cause for immediate termination of your Futurestay account and will result in information being shared with the applicable authorities in your jurisdiction. Illegal activities prohibited include, but are not limited to, theft, fraud, prostitution, use and/or sale of controlled substances, and human trafficking.

Subscription Plans; Term and Termination:

• Futurestay may offer multiple subscription plan options with varying features and commitment periods (ie: monthly, semi-annual, annual). 
• Futurestay may offer a free trial to new users who register with the Site (the “Free Trial Period”). During the Free Trial Period, your use of the Site remains subject to the Terms of Use. At the end of the Free Trial Period, Your selected subscription will automatically become effective, your Subscription Period will begin, and your credit card will be charged the applicable Subscription Fee. Futurestay reserves the right to suppress features during a Free Trial Period. 
• Subscription charges are billed at the start of each subscription period. 
• All purchases of Futurestay’s service and/or subscription are non-refundable.
• Futurestay or End User may terminate this Agreement at any time.
• Termination of this Agreement prior to the end of the subscribed period will not result in a refund of unused time.
• This Agreement will commence upon the Effective Date and continue for so long as the End User uses or is contracted to use the Services.
• This agreement will auto-renew at the end of each subscribed period unless the End User notifies Futurestay of cancellation prior to the auto-renew date. 
• Any fees due to Futurestay from End User for future or prior bookings processed or automated by Futurestay are still due and payable regardless of Termination.

Cost and Charges:

• The fees for Futurestay’s services may be charged via various methods, including but not limited to subscription service fee. Futurestay reserves the right to change the methods and format of fees charged at any time. Changes to the type of charge will be communicated to End Users.
• For reservations booked via your Futurestay website or Futurestay-connected listings on Booking.com, VRBO, Airbnb, Google Vacation Rentals, Expedia, or any other distribution channel, Futurestay may charge a booking fee on the total booking value of each reservation, including required fees You collect from guests at the time of booking, but not including pass-through taxes collected from guests at the time of booking. This booking fee is explained in Futurestay’s pricing information, may vary by subscription type, and may be changed from time to time. Your use of the platform, and acceptance of the pricing agreement for that use, indicates that you accept the pricing presented in that agreement.
• For transactions that Futurestay processes on your behalf, Futurestay may assess a separate payment processing fee on the entire value of payments which Futurestay collects and processes on your behalf. This payment processing fee may vary by subscription type and may be changed from time to time.
• Additional fees: Futurestay reserves the right to assess a fee for various services performed on your behalf related to managing reservation activity, including but not limited to processing cancelation requests, customer support, responding to chargeback requests, collecting additional funds related to reservations, etc. Service fees may vary by subscription type. If any such service fees are assessed in a given month, the fees will be included on your next month’s subscription invoice or on a separate Service Fee invoice the following month.
• Third Party fees: Fees assessed by 3rd party services including but not limited to Payment Processing (Stripe) and Guest Damage Waiver (Waivo) will be deducted from your payout. 
• Futurestay reserves the right to vary fees by subscription type and update or modify the fees charged for the services provided at any time.

Payouts to you:

• Futurestay uses Stripe as our payment processor and reserves the right to change and/or introduce additional payment processor options. 
• For bookings where Futurestay processes guest payments on your behalf, payouts will be made to the bank account You authorize to receive such payments. These payments will be made subject to completion of any business and/or identity verification requirements from our payment processor and meeting those requirements are your responsibility. 
• You are responsible for any fees incurred by the payment processor related to payout payments to your bank account.
• Payouts are subject to reversal in the event of chargeback, suspected or confirmed fraud, End User initiated cancellation, End User approved cancellation exception, allowable guest refund (IE: refundable deposit), or payment error.
• In the event a payout cannot be reversed, or the amount of a guest refund or associated fee is greater than the payout amount, Futurestay may recover that amount from you by offsetting future payments by the amount due and/or via an invoice; invoice payments are due within 30 days of invoice date.
• In the event a Subscription Service Fee is past-due, Futurestay reserves the right to deduct such unpaid fee(s) from your Payout(s). 

 

Reservation Cancellations and Refunds:

• Cancellations for Futurestay processed bookings that result in the guest being owed a refund will result in a refund being processed by Futurestay.
• If you’d like to issue a refund for a reservation that has already been released to your bank account, funds will be withdrawn from your bank account in advance of the refund.
• Fees assessed by our payment processor, Stripe, are not refundable. Uncollected payment processor fees may be deducted from a future payout and/or added to your subscription invoice. 

Responsibility for Issues arising from reservations:

• You are personally responsible for any refunds, chargebacks and/or associated fees that occur as a result of usage of the Futurestay system. Fees assessed for refunds, chargebacks, or other issues vary depending on the online travel agency (OTA) involved, your bank, and the payment method issuer of the traveler.
• You are personally responsible for any damages to property, its contents, or otherwise that occur as a result of or in the course of a guest rental of your property. Futurestay, its affiliates, shareholders and employees are not liable for damages to property, its contents, or other issues arising from guest activity on your property. It is your responsibility to protect your property with respect to insurance and other damage protection required or suggested in your property’s market or jurisdiction.
• You are responsible for guest safety in the course of a guest rental of your property. Futurestay, its affiliates, shareholders and employees are not liable for guest health and safety on your property. It is your responsibility to ensure you are providing a clean and safe environment. All claims for personal, bodily or emotional injury are the responsibility of the End User and End Users insurance provider. 
• You are responsible for guest access to the property; this includes both providing access at the start and throughout the duration of the guest stay as well as restriction of access at the completion of your guest stay.

Chargebacks:

• Consumers have a right to process a Chargeback on what they believe is a fraudulent or disputed transaction; Most U.S. banks allow consumers to file a Chargeback up to 120 days after the date of charge or associated service.
• Chargeback fees vary by bank, are typically non-refundable, and are passed along to the End User.
• Futurestay will work with you to resolve customer chargebacks, however it is up to you to provide supporting documentation for presentation to the consumers bank in a timely manner; Most chargebacks require a detailed response with supporting documentation within 21 days. There may be a fee for this service which may vary by Subscription Plan and/or handling time.
• Payouts not yet made on a reservation with an open chargeback will not be made until the chargeback has been resolved with a “won” status.
• Payouts made on a reservation with an open chargeback will be reversed immediately, pending chargeback outcome. 
• Chargebacks which result in an outcome other than “won” status are the sole financial responsibility of the End User. Financial responsibility includes the full or partially lost payment amount, associated bank fees, and any associated legal and/or professional fees. 
• End Users can reduce and/or prevent chargebacks by obtaining guest identification upon arrival and displaying a clearly defined cancellation policy, terms of use, property description and photos.

Modifications and Interruptions:

• Futurestay reserves the right to change, modify, or remove the contents of the Site at any time or for any reason at Our sole discretion without notice. However, We have no obligation to update any information on Our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to You or any third party for any modification, price change, suspension, or discontinuance of the Site.
• We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. You agree that We have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate Us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
• Futurestay cannot guarantee the services of a 3rd party. You agree that We have no liability whatsoever for any loss, damage, or inconvenience caused by the availability of a 3rd party’s services. 
• At times We may release new features to the Site or upgrade current features on the Site. Such new features or upgrades may be offered at additional costs and We have no obligation to provide You with such new features or upgrades without additional payment (if required).

Privacy Policy 

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.

Definitions and key terms:

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:

• Cookie: a small amount of data generated by a website and saved by your web browser. It is used to identify your browser, provide analytics, and remember information about you such as your language preference or login information.
• Company: when this policy mentions “Company”, “we”, “us”, or “our”, it refers to Futurestay, located at 23 Old Kings Hwy S, Darien, CT 06820, which is responsible for your information under this Privacy Policy.
• Customer: refers to the company, organization, or person who registers to use the Futurestay Service to manage short term rental properties and reservations. A Customer includes the primary account owner as well as any designated users on an account who log in to and access a Futurestay service and/or application. For clarity:
  • “Customer” and “End user” may be used interchangeably with respect to a user of the Futurestay service for the purposes of managing a rental property and reservations.
  • A guest of a Futurestay Customer’s property, whose reservation is processed by Futurestay, is not considered a Customer or End User of Futurestay.
• Device: any internet-connected device such as phone, tablet, computer, or any other device that can be used to visit Futurestay and use its services.
• IP address: Every device connected to the Internet is assigned a number known as an Internet protocol (IP) address. These numbers are usually assigned in geographic blocks. An IP address can often be used to identify the location from which a device is connecting to the Internet.
• Personnel: refers to those individuals who are employed by Futurestay or are under contract to perform a service on behalf of one of the parties.
• Personal Data: any information that directly, indirectly, or in connection with other information - including a personal identification number - allows for the identification or identifiability of a natural person.
• Service: refers to the service provided by Futurestay as described in the relative terms (if available) and on this platform.
• Third-party service: refers to advertisers, service providers, embedded and/or integrated software service providers, contest sponsors, promotional and marketing partners, and others who provide our content or whose products or services we think may interest you or enable/improve operation of Futurestay’s software and services.
• Website: Futurestay’s site, which can be accessed via this URL: https://futurestay.com/.
• You / Your: a person or entity that is registered with Futurestay to use its Services.

Information automatically collected:

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.

Personnel:

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.

Sale of Business:

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.

Affiliates:

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.

Governing Law:

This Privacy Policy is governed by the laws of the 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.

Your Consent:

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.

Links to Other Websites:

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.

Cookies:

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.

Blocking and disabling cookies and similar technologies:

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.

Changes to our Privacy Policy:

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.

Third-Party Services:

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.