Terms of Service

Welcome to StayFolio! These Terms of Service ("Terms" or "Agreement") constitute a legally binding agreement between you ("Host", "User", or "you") and StayFolio ("StayFolio", "we", "us", or "our", a digital product and brand owned and operated by Shudbloom), governing your access to and use of the StayFolio mobile applications (iOS and Android), the website located at stayfolio.co, generated digital guidebooks, and all related tools, APIs, and cloud services (collectively, the "Service").

IMPORTANT NOTICE: PLEASE READ THESE TERMS CAREFULLY. SECTION 12 CONTAINS A MANDATORY BINDING INDIVIDUAL ARBITRATION CLAUSE AND A CLASS ACTION WAIVER THAT REQUIRES DISPUTES TO BE RESOLVED THROUGH INDIVIDUAL ARBITRATION RATHER THAN IN COURT OR BEFORE A JURY.

By registering for an account, downloading our mobile app, generating a digital guidebook, or accessing our Service, you explicitly agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Service.

1. Account Registration & Eligibility

To access host features and publish guidebooks, you must create a StayFolio account. You must be at least 18 years of age (or the age of legal majority in your jurisdiction) to form a binding contract with StayFolio.

You agree to provide true, accurate, current, and complete information during registration and to promptly update your account details. You are solely responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You agree to notify us immediately at support@stayfolio.co of any unauthorized use or security breach.

2. Guidebook Content & Host Representation

Hosts are solely responsible for all content, information, text, imagery, instructions, house rules, appliance guides, Wi-Fi credentials, check-in/checkout details, and emergency contacts uploaded or published on StayFolio ("User-Generated Content" or "UGC").

By creating, publishing, or sharing a guidebook, you represent and warrant that:

• You are the lawful owner, property manager, or authorized representative of the rental property depicted in the guidebook.
• Your content and property descriptions are truthful, accurate, and do not mislead guests.
• You hold all necessary intellectual property rights, licenses, and permissions for all photos, graphics, and text uploaded to the platform.
• Your rental property and published house rules comply with all applicable local, municipal, zoning, licensing, short-term rental (STR), tax, and safety laws.

3. AI-Powered Features & FTC Transparency Disclosures

StayFolio provides automated, AI-assisted tools (such as "AI Listing Import") that utilize large language models (including the Google Gemini API) to extract and format property descriptions, amenities, and house rules into structured guidebook drafts.

• AI Output Disclaimer: Artificial intelligence outputs are generated probabilistically and are provided strictly on an "AS-IS" and "AS-AVAILABLE" basis without warranties of any kind. AI models may occasionally generate inaccurate, incomplete, misleading, or outdated statements ("hallucinations").
• Mandatory Host Verification: Under Federal Trade Commission (FTC) guidelines and global consumer protection standards, you acknowledge and agree that you bear sole and exclusive responsibility for thoroughly reviewing, editing, verifying, and confirming all AI-generated content before publishing or sharing guidebooks with guests.
• No Liability for AI Content: StayFolio disclaims all liability for any errors, omissions, property damage, guest confusion, or disputes arising from AI-generated text or descriptions that you publish.

4. Licensing & Intellectual Property Rights

Your Ownership: You retain full ownership and intellectual property rights in all original text, photos, and media that you upload to StayFolio.

Hosting License to StayFolio: By uploading content and publishing a guidebook, you grant StayFolio a worldwide, non-exclusive, royalty-free, fully paid-up license to host, store, cache, reproduce, format, display, and serve your guidebook content across our Content Delivery Network (CDN) and public URLs (e.g., stayfolio.co/p/{slug}) solely for the purpose of operating and delivering the Service.

StayFolio IP: All software, user interface designs, templates, code, graphics, logos, trademarks, and algorithms powering StayFolio remain the exclusive intellectual property of StayFolio and its licensors. You may not copy, reverse-engineer, decompile, or create derivative works of our software.

5. Subscriptions, In-App Purchases & Platform Terms

While StayFolio provides free basic guidebook hosting, certain advanced customization, branding, and upsell features require a paid subscription ("Pro Tier").

• Native App Store Billing: All subscriptions and in-app purchases are processed natively by the Apple App Store (iOS) or Google Play Store (Android). Billing, currency conversion, payment methods, and taxes are governed exclusively by your respective Apple or Google account terms.
• Automatic Renewal: Subscriptions automatically renew at the conclusion of each billing period (monthly or annual) unless cancelled in your Apple ID or Google Play subscription management settings at least 24 hours prior to the renewal date.
• Refunds: All refund requests must be directed to Apple or Google and are subject to their respective refund policies. StayFolio does not directly bill credit cards or process refunds for mobile app store purchases.
• Apple Minimum Terms (EULA): You acknowledge that these Terms are concluded between you and StayFolio only, and not with Apple Inc. Apple is not responsible for the Service, its content, maintenance, support, or warranty claims. Apple and its subsidiaries are third-party beneficiaries of these Terms with the right to enforce them.

6. Short-Term Rental Premises, Safety & Direct Transactions Disclaimer

StayFolio is Strictly a Software Tool: StayFolio is a digital publishing and communications platform. StayFolio is NOT a property management company, real estate broker, landlord, hospitality operator, insurer, or party to any rental agreement between hosts and guests.

• Zero Premises Liability: StayFolio bears zero liability for any physical injury, bodily harm, illness, wrongful death, property theft, property damage, carbon monoxide exposure, fire, slip-and-fall accidents, lockouts, or safety incidents occurring at or near any rental property. Hosts are solely responsible for maintaining physical premises safety and property insurance.
• Guest Requests & Upsells Facilitation Only: Extra Time requests (Early Check-In / Late Checkout) and Issue Reports submitted via the guidebook represent peer-to-peer communications between host and guest. StayFolio does not process direct payments between hosts and guests, guarantee property availability, or oversee maintenance repairs.

7. DMCA Copyright Notice & Takedown Policy (17 U.S.C. § 512)

StayFolio respects the intellectual property rights of others and complies with the Digital Millennium Copyright Act (DMCA). If you believe that content hosted on StayFolio infringes your copyright, you may submit a formal DMCA Notice of Infringement to our Designated Copyright Agent.

Filing a DMCA Notice:

To be effective under 17 U.S.C. § 512(c)(3), your written notice must include:

1. A physical or electronic signature of a person authorized to act on behalf of the copyright owner.
2. Identification of the copyrighted work claimed to have been infringed (or a representative list if multiple works).
3. Identification of the material claimed to be infringing and its specific URL location on StayFolio (e.g., https://stayfolio.co/p/{slug}).
4. Your contact information, including your full name, mailing address, telephone number, and email address.
5. A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement, made under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner.

Send formal DMCA notices to our Designated Agent at: support@stayfolio.co (with subject line "DMCA Takedown Notice").

Repeat Infringer Policy: In accordance with the DMCA, StayFolio will terminate, in appropriate circumstances and at our sole discretion, accounts of users who are deemed to be repeat copyright infringers.

8. Prohibited Conduct

You agree that you will not, under any circumstances:

• Publish unlawful, defamatory, harassing, abusive, fraudulent, obscene, or racially offensive content.
• Publish guidebooks for properties you do not legally own, lease, or have written authority to manage.
• Upload viruses, malware, trojans, or malicious code to the Service.
• Scrape, crawl, harvest data, or reverse-engineer our Firebase database, Cloud Functions APIs, or hosting endpoints.
• Bypass rate limits, security tokens, or anti-spam measures deployed on public endpoints.

9. Broad Host Indemnification & Hold Harmless

You agree to defend, indemnify, and hold harmless StayFolio, its founders, developers, officers, directors, contractors, licensors, and affiliates from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and legal fees (including reasonable attorneys' fees) arising out of or relating to:

• Your access to or use of the Service;
• Any User-Generated Content or guidebook information you publish;
• Any physical injury, death, property damage, lockout, or incident occurring at your rental property;
• Your violation of these Terms or applicable municipal, zoning, tax, or rental regulations;
• Your infringement or violation of any intellectual property, privacy, or property rights of any third party.

10. Disclaimer of Warranties

THE SERVICE, INCLUDING ALL SOFTWARE, APIS, DIGITAL GUIDEBOOKS, AND AI-GENERATED CONTENT, IS PROVIDED STRICTLY ON AN "AS-IS" AND "AS-AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

STAYFOLIO EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND FREEDOM FROM SERVICE INTERRUPTIONS, SERVER OUTAGES, OR SYSTEM ERRORS.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL STAYFOLIO, ITS DEVELOPERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS REPUTATION), REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL STAYFOLIO'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO STAYFOLIO IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00 USD).

12. Mandatory Binding Arbitration & Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

A. Agreement to Arbitrate:

You and StayFolio agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Service, or our digital guidebooks (collectively, "Disputes") shall be resolved exclusively through final and binding individual arbitration, rather than in a court of law, except that you or StayFolio may assert claims in small claims court if eligible.

B. Arbitration Rules & Administration:

Arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, or by an equivalent recognized arbitration provider agreed upon by the parties. An arbitrator's decision shall be final, binding, and enforceable in any court of competent jurisdiction.

C. CLASS ACTION WAIVER:

YOU AND STAYFOLIO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS.

D. 30-Day Opt-Out Window:

You have the right to opt out of this binding arbitration agreement within thirty (30) days of the date you first register your account or accept these Terms. To opt out, you must send an unambiguous written notice specifying your full legal name, account email, and clear statement of opt-out to: support@stayfolio.co (with subject line "Arbitration Opt-Out").

13. Termination of Service

We reserve the right to suspend, disable, or terminate your account and unpublish your digital guidebooks at our sole discretion, without prior notice or liability, if we determine you have breached these Terms or engaged in conduct detrimental to other users, guests, or the platform.

14. Governing Law & Severability

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States (or the jurisdiction of our principal business formation), without regard to its conflict of law principles.

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.

15. Contact Us

If you have any questions, legal notices, or feedback regarding these Terms, please contact our team at support@stayfolio.co.