HOSTELSNAP TERMS OF SERVICE AGREEMENT

By signing up for the HostelSnap service (“Service”) as provided by Hostel Management International, LLC (“HMI”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). The Service offered by HMI under the Terms of Service include various products and services to help you create and manage your hostel, including your guest lists and reservations. HMI reserves the right to update and change the Terms of Service by posting updates and changes to the HMI website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.

You must read, agree with and accept all of the terms and conditions contained in this Terms of Service agreement and HMI’s Privacy Policy before you may become a HMI user. By using HMI and/or the Service, you are agreeing to these terms.

1. The Service. HostelSnap is a full featured service for your hostel’s front desk, guest management and reservation needs. The Service offered by HMI includes:

1. Reservation Management - The ability for the hostel staff and guests to add/edit/cancel reservations so beds will be saved on a particular date in the future.

2. Guest Management - The ability for the hostel staff to see who’s currently staying in the hostel and what their payment status is.

3. Computerized Check-In and Check-Out - Ability for staff to check-in and check-out guests in the hostel and have guest details and payment information saved for later retrieval.

4. Integration with MyAllocator for Channel Management - So hostel rates and availability can be control from a single interface in the hostel and published through MyAllocator to 3rd party booking sites so these beds can be sold through these partner channels.

5. Occupancy and Revenue Management - Tools to allow hostel managers to estimate demand and create rules that will allow their rates to respond to this estimated demand.

6. Booking Widgets and Booking Page - So the hostel can receive direct bookings through their own website and accept prepayment for these reservations.

7. Point of Sale Register with Integrated Payment Processing - So the hostel can sell bednights as any other goods or services as they see fit.

8. Community Communication and Interactivity Features - So hostels can communicate events and other announcements to guests.

9. Housekeeping Management - Automatically create housekeeping reports to housekeepers will know which beds need to be cleaned and what extra cleaning needs to be done.

10. Staff Scheduling and Task Management - So owners and staff can keep track of ongoing tasks and assign side-work to staff.

11. Staff and Manager Drawer Accounting - To allow the owner to see where money has flowed in and out of the hostels.

12. Reports Suite - Provides detailed reports on Income, Occupancy, Marketing Sources, etc.

13. Changes and Modifications. The foregoing notwithstanding, the Service is under continual development and features are being added all the time. Any new features or tools which are added to the current Service shall be also subject to these Terms of Service. You can review the current version of the Terms of Service at any time at https://hostelmanagement.com/hostelsnap/legal/terms. HMI reserves the right at any time, and from time to time, to modify or discontinue, the Service (or any part thereof) with or without notice.

2. HostelSnap Account. In order to use the Service, you will need to sign up and activate an account with HMI (“Account”) using our online interface, where you will select the specific services you want to utilize, provide HMI with account information, and sign up for HMI’s third-party payment platform.

1. Authorized Use. As part of your Account, HMI is granting you a nonexclusive, nontransferable, fully-terminable license to use the Service. You agree to use commercially reasonable efforts to ensure that you and your employees and users of the Service comply with the Terms of Service. You also agree to refrain from taking any steps, such as reverse assembly or reverse compilation, to derive a source code equivalent to the Service. The Service provide to you shall be used by you only for your internal business purposes, shall not be reproduced or copied in whole or in part.

1. Acknowledgement of License Grant.  For the purposes of 11 U.S.C. § 365(n), you acknowledge and agree that these Terms of Service constitute a license grant of intellectual property in software to you by HMI.

2. Control and Location of Services.  The method and means of providing the Service shall be under the exclusive control, management, and supervision of HMI. The Service (including data storage), shall be provided solely from within the continental United States and on computing and data storage devices residing therein.

3. Subcontractors.  HMI shall have the right to utilize any number of Third Party Providers (defined, below) in providing the Services.

2. Your Account

1. You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.

2. To access and use the Service, you must register for aa Account by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. HMI may reject your application for an Account, or cancel an existing Account, for any reason, in HMI’s sole discretion.

3. You acknowledge that HMI will use the email address you provide as the primary method for communication.

4. You are responsible for keeping your password secure. HMI cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.

5. You are responsible for all activity and content such as data, graphics, photos, videos and links that are uploaded under your Account. You must not transmit any worms or viruses or any code of a destructive nature.

6. A breach or violation of any term in the Terms of Service as determined in the sole discretion of HMI will result in an immediate termination of your services.

7. You may make changes to your Account online, including adding or removing parts of the Service.

3. Account Activation

9. HMI Account. HMI considers you, as the person signing up for the Service, as the contracting party (“Account Owner”) for the purposes of our Terms of Service and you will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Service.

10. If you are signing up for the Service on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.

4. Stripe Checkout and HMI Payments Accounts. The Service uses Stripe to collect and process payments. Upon completion of sign up for the Service and creation of your Account,  you will need to create a Stripe checkout account, using your email address associated with your Account. In some instances the Service may facilitate the creation of your Stripe account. You acknowledge that Stripe will be your default payments gateway and that it is your sole responsibility as the Account Owner to activate and maintain these accounts. If you do not wish to keep the payment accounts active, it is your responsibility to deactivate them. For the avoidance of doubt, Stripe is a Third Party Service Provider, as defined in Section 3, below, of these Terms of Service.

3. Third Party Services

1. In addition to these Terms of Service, you also agree to be bound by the additional service-specific terms applicable to services that are provided by, HMI’s partners or other third parties.

2. HMI may from time to time recommend, provide you with access to, or enable third party software, applications (“Apps”), products, services or website links (collectively, “Third Party Services”) for your consideration or use. Such Third Party Services are made available only as a convenience, and your purchase, access or use of any such Third Party Services is solely between you and the applicable third party services provider (“Third Party Provider”). Any use by you of Third Party Services offered through the Service is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third Party Services before using them.

3. We do not provide any warranties with respect to Third Party Services. You acknowledge that HMI has no control over Third Party Services, and shall not be responsible or liable to anyone for such Third Party Services. The availability of Third Party Services or the integration or enabling of such Third Party Services with the Service does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with HMI. HMI strongly recommends that you seek specialist advice before using or relying on Third Party Services, to ensure they will meet your needs.

4. If you install or enable a Third Party Service for use with the Service, you grant us permission to allow the applicable Third Party Provider to access your data and to take any other actions as required for the interoperation of the Third Party Service with the Service, and any exchange of data or other interaction between you and the Third Party Provider is solely between you and such Third Party Provider. HMI is not responsible for any disclosure, modification or deletion of your data or Store Content, or for any corresponding losses or damages you may suffer, as a result of access by a Third Party Service or a Third Party Provider to your data or Store Content.

5. The limitation of liability set forth in Section 6, below, shall expressly apply to all situations and circumstances resulting from any Third Party Services or your contractual relationship with any Third Party Provider. You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, HMI partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of a Third Party Service or your relationship with a Third Party Provider.

4. Billing and Payment. As part of the Service, HMI, through its Third Party Provider(s), collects and processes credit cards online through your Account.

1. Service Fee. HMI collects a small service fee from all transactions processed by our Third Party Providers (e.g. Stripe)(“Service Fee”). This Service Fee is deducted from any amount owed to you and paid directly to HMI by the applicable Third Party Provider.. In addition, HMI may charge a minimum monthly fee which is also collected by the Third Party Provider on behalf of HMI.  Specific information regarding the Service Fee and any applicable monthly fee can be found in your Account.

2. Third Party Services Fee. The Third Party Provider may also collect a fee based on the general terms and conditions of use of the Third Party Services (See, Section 3, above), which may be deducted from any amount owed to you

3. Foreign Transaction Fees and Conversions. You agree that any payment owed to you is subject to conversion from foreign currency into United States dollars or vice-versa, which may affect the final amount collected by a Third Party Provider and/or paid to you.

4. The Service Fee is subject to change upon thirty (30) days’ notice to you from HMI. Such notice may be provided at any time by posting the changes to the HMI website or on your Account or on these Terms of Service. HMI shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

5. All Fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”). You are responsible for the payment of any Taxes, and agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, HMI partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your failure to make timely payment of Taxes.

5. Representations and Warranties.

1. General. You represent and warrant that you have the right and authority to agree to these Terms of Service.

2. Compliance with the Laws. You represent and warrant that no consent, approval or authorization of or designation, declaration or filing with any governmental authority is required in connection with your acceptance of these Terms of Service. You shall be solely responsible for any expenses and with compliance with all laws, regulations and other legal requirements, including copyright, privacy and communications decency laws.

3. Acceptable Use. You are solely responsible for the content of any postings, data, or transmissions made while using your Account, or any other use of the Service by you or by any person or entity you permit to access the Service or your Account. You represent and warrant that you will: (a) not use the Service in a manner that: (i) is prohibited by any law or regulation, or to facilitate the violation of any law or regulation; or (ii) will disrupt a third parties’ similar use or Services; (b) not violate or tamper with the security of any HMI computer equipment or program. If HMI has reasonable grounds to believe that you are utilizing the Service for any such illegal or disruptive purpose HMI may suspend the Service or your Account immediately with or without notice to you. HMI may terminate your use of the Serivce and/or your Account if you in fail to adhere to the foregoing acceptable use standards.

4. DISCLAIMER. HMI MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE YOUR ACCOUNT OR ANY THIRD PARTY SERVICES. HMI HEREBY EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE. NO ORAL OR WRITTEN INFORMATION GIVEN BY HMI, ITS EMPLOYEES, LICENSORS, OR THE LIKE WILL CREATE A WARRANTY.

6. Limitation of Liability

1. Excluding the liability under the Section 5(b), UNDER NO CIRCUMSTANCES WILL HMI OR ANYONE ELSE INVOLVED IN ADMINISTERING, DISTRIBUTING OR PROVIDING THE SERVICE, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SERVICE, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE OR LOST PROFITS, OR DAMAGES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, FAILURE OF PERFORMANCE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO HMI’S RECORDS, PROGRAMS OR SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT OF ANY BREACH BY HMI OF THESE TERMS OF SERVICE, HMI’S LIABILITY TO SUBSCRIBER WILL NOT EXCEED THE AMOUNT PAID TO HMI BY YOU DURING THE PREVIOUS THREE MONTHS.

2. HMI warrants the Service will not infringe any patent, trademarks, copyright or any proprietary rights of a third party or constitute a misuse or misappropriation of a trade secret. You shall notify HMI promptly in writing of any known action brought against you based on an allegation that your use of the Service infringes any patent, trademark, copyright, or infringes any right of a third party, or constitutes misuse or misappropriation of a trade secret.

7. Your Responsibility

1. You are solely responsible for the content of communications transmitted using the Service or your Account, and shall defend, indemnify and hold harmless HMI from and against all liabilities and costs (including reasonable attorneys’ fees) arising from any and all third-party claims by any person based upon the content of any such communications.

2. You are not permitted to resell the Service.

3. You shall use the Service only for lawful purposes. To the extent deemed necessary, you shall implement security procedures necessary to limit access to the Services or your Account to authorized users and shall maintain a procedure external to the Service for reconstruction of lost or altered files, data or programs.

8. Your Data

1. Ownership.  Your data (“Your Data,) shall include: (a) data collected, used, processed, stored, or generated as the result of the use of the Service; (b) data collected from your authorized third-party users of the Service; and (c) personally identifiable information (“PII“) collected, used, processed, stored, or generated as the result of the use of the Service, including, without limitation, any information that identifies an individual, such as an individual’s social security number or other government-issued identification number, date of birth, address, telephone number, biometric data, mother’s maiden name, email address, credit card information, or an individual’s name in combination with any other of the elements listed herein.  Your Data is and shall remain the sole your exclusive property and all right, title, and interest in the same is reserved by you.  

2. HMI Use of Your Data.  You grant HMI a license to use Your Data for the purpose of providing the Service, including a license to collect, process, store, generate, and display Your Data to your registered users as necessary in the providing of the Service. Further, you agree that HMI may use Your Data in order to help improve the Service and improve industry statistics. Such use will be done in a way so that the privacy of your individual business data is protected by aggregating your data with the data of other users.  This aggregated data may be published on the HostelSnap or HMI websites

9. HMI Rights and Responsibility

1. HMI reserves the right to modify or terminate the Service for any reason, without notice at any time.

2. HMI reserves the right to refuse service to anyone for any reason at any time.

3. HMI may, but has no obligation to, remove any Account containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

4. HMI reserves the right to provide the Service to your competitors and makes no promise of exclusivity in any particular market segment. You further acknowledge and agree that HMI employees and contractors may also be HMI customers/merchants and that they may compete with you, although they may not use your confidential information in doing so.

5. In the event of a dispute regarding Account ownership, HMI reserves the right to request documentation to determine or confirm Account ownership. HMI reserves the right to determine, in its sole judgment, rightful Account ownership and to transfer an Account to the rightful owner. If HMI is unable to reasonably determine the rightful Account owner, HMI reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.

6. For registered Account holders, HMI shall provide bug fixes, corrections, modifications, enhancements, upgrades, and new releases to the Service

10. Proprietary Rights.

1. All right, title and interest in and to the Service, and all copyrights, patents, trademarks, service marks or other intellectual property or proprietary rights relating thereto, including without limitation software and related processes, instructions, methods, and techniques that have been previously developed by HMI (collectively, the “HMI IP,” which shall include the Service) belong exclusively to HMI. Except as expressly set forth herein, no license is granted to you in any copyrights, trademarks, patents or software and related processes, instructions, methods, and techniques that have been previously developed by HMI (collectively, the “HMI IP,” which shall include the Service). Nothing in these Terms of Service shall be construed to grant you any ownership or other interest in the HMI IP except as provided under the grant of rights. Any modification to the HMI IP made by you directly or indirectly extending the current capabilities shall be the property of HMI and all copyrights and other rights are hereby assigned to HMI.

2. The foregoing notwithstanding, HMI grants you the limited, non-exclusive right to use the HMI name, trademarks, service marks, widgets (or as indicated in your Account) on your website or mobile application solely in connection with your use of the Service.

11. Term and Termination

1. Unless otherwise terminated or cancelled, your use of the Service and your Account will continue perpetually.

2. You may cancel your Account at any time by emailing [email protected] .

3. Your Account and access to the Service may be terminated immediately upon your insolvency or if you are involved in a liquidation or termination of business, file a bankruptcy petition, have an involuntary bankruptcy petition filed against you (if not dismissed within thirty days of filing), become adjudicated bankrupt, or become involved in an assignment for the benefit of your creditors.

4. Upon termination of the Service by either party for any reason: (i) HMI will cease providing you with the Service and you will no longer be able to access your Account; (ii) unless otherwise provided in the Terms of Service, you will not be entitled to any refunds, pro rata or otherwise; and (iii) any outstanding balance owed to HMI for your use of the Service through the effective date of such termination will immediately become due and payable in full.

5. HMI Reserves the right to modify or terminate the HostelSnap Service or your Account for any reason, without notice at any time.

6. Fraud: Without limiting any other remedies, HMI may suspend or terminate your Account if HMI suspects that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Service.

12. General Provisions & Force Majeure

1. These Terms of Service constitute the entire agreement between the parties and shall be binding on the parties when accepted by you. HMI reserves the right to change or modify the Terms of Service as set forth herein.

2. Your Account and access to the Service may not be assigned, sublicensed or transferred, in whole or in part, by you without the prior written consent of HMI. Any attempted assignment, subletting or transfer shall be void.

3. If any provision or provisions of These Terms of Service shall be held to be invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

4. In any arbitration, litigation, or other proceeding, informal or formal, by which one party either seeks to enforce These Terms of Service or seeks a declaration of any rights or obligations under These Terms of Service, the non-prevailing party shall pay the prevailing party’s costs and expenses, including but not limited to, reasonable attorneys’ fees.

5. No delay or failure of HMI or you in exercising any right herein and no partial or single exercise thereof shall be deemed of itself to constitute a waiver of such right or any other rights herein. Any waiver by HMI or you of any breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent or other breach.

6. This Agreement shall be governed by and construed under the laws of the State of California applicable to contracts made in and wholly to be performed in the State of California without regard to conflicts of law. You hereby consent and submit to the jurisdiction and forum of the state and federal courts in the California in all questions and controversies arising out of your use of the Service, your use of any Account or these Terms of Service.