SimplBnB Inc (“SimplBnB”, “we,” “our,” or “us”) provides its Service (as defined below) to you through its web site located at simplbnb.com and www.simplbnb.com (the “Site”), application programming interface (the “API”), or mobile application (the “Mobile App”, together with the Site and the API, the “Application”) that SimplBnB may offer from time to time, subject to this Terms of Service agreement (“TOS” or "Terms"). Unless otherwise noted on a particular Site or service, the TOS apply to your use of all of the websites that SimplBnB operates.
BY CLICKING “I ACCEPT” OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THE TERMS. You also represent that you have the legal authority to accept the Terms on behalf of yourself and any party you represent in connection with your use of the Service. If you do not agree to the Terms, you are not authorized to use the Service. If you are an individual who is entering into these Terms on behalf of an entity, you represent and warrant that you have the power to bind that entity, and you hereby agree on that entity’s behalf to be bound by these Terms, with the terms “you,” and “your” applying to you, that entity, and other users accessing the Service on behalf of that entity. If any term of this TOS is not acceptable to you, your only remedy is to stop accessing and using the Service.
Human-readable summary of Sec 1: These Terms create a contract between you and SimplBnB. The contract governs your use of all services operated by SimplBnB. Please read these Terms and only use our sites and services if you agree to them. These human-readable summaries of each section are not part of the contract, but are intended to help you understand its Terms.
The “Service” means (a) the Application, (b) all software (including the Software, as defined below), data, reports, text, images, sounds, video, and content made available through any of the foregoing (collectively referred to as the “Content”) and all modifications thereto and (c) Hardware, as defined below. SimplBnB reserves the right to alter the Service at any time. Certain features of the Service may not be available in all countries. We reserve the right to limit or make available the Service or parts of the Service depending on location. You must set up an Account with your email address to use the Service.
SimplBnB occasionally develops and offers limited beta releases for new features. To participate in a beta release, you must explicitly agree to the additional terms and conditions for such beta release that are presented to you. This TOS does not necessarily cover a beta release. The Service is provided “as-is”. That means the Service may include bugs that impact your ability to use the Service and/or may impact your business. SimplBnB is not liable for your use of the Service.
We service three main constituents: Hosts are users who operate properties, Guests stay at properties and Cleaners service the properties.
Human-readable summary of Sec 2: SimplBnB is not liable for your use of our Service and may alter or limit the Service at any time.
From time to time, SimplBnB may change, remove, or add to the TOS, and reserves the right to do so in its discretion. In that case, we will post updated TOS and indicate the date of revision. Any changes to the TOS take effect immediately and apply to your use of the Service from that date on. Your continued use of the Service after new and/or revised TOS are effective indicates that you have read, understood, and agreed to the TOS.
Human-readable summary of Sec 3: These terms may change. If you continue to use the Service after the changes are made, you agree to the changes.
Provided as-is: You acknowledge that it is still your responsibility to ensure that the data transferred to and from SimplBnB is accurate. One of the most important things that our Service does is to make sure that Hosts and Cleaners have accurate scheduling information. Hosts are ultimately responsible for ensuring that your Guests have the best experience. While our Service aims for 100% accuracy there is still a role for you to play to ensure that your Cleaner has the right information. As such, SimplBnB is not liable in any way for any loss from faulty alerts, notifications or scheduling and any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, linked from, or otherwise accessible through or made available via the Service.
Human-readable summary of Sec 4: We try our best to have useful information on our sites, but we cannot promise that everything is accurate or appropriate for your situation. Hosts are still responsible for ensuring the accuracy of any and all information.
All rights, title and interest in and to the Service and its components will remain with and belong exclusively to SimplBnB. You shall not (a) sublicense, resell, rent, lease, transfer, assign, time share or otherwise commercially exploit or make the Service available to any third party; (b) use the Service in any unlawful manner (including without limitation in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Service or its components, or (c) modify, adapt or hack the Service to, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks.
Human-readable summary of Sec 5: Please do not hack, re-sell or otherwise interfere with the operations of SimplBnB.
Any software that may be made available by SimplBnB in connection with the Service (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to the terms and conditions of this TOS, SimplBnB hereby grants you a personal, non-transferable, non-sublicensable and non-exclusive right and license to use the object code of any Software solely in connection with the Service, provided that you shall not (and shall not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code or sell, assign, sublicense or otherwise transfer any right in any Software. You agree not to access the Service by any means other than through the interface that is provided by SimplBnB for use in accessing the Service.
Human-readable summary of Sec 6: You are not to transfer, copy, steal or otherwise duplicate the intellectual property of SimplBnB.
SimplBnB may collect information about your use of the Service (“Usage Data”). Usage Data may be used for data analytics purposes to review, analyze, and optimize the Service
Human-readable summary of Sec 7: When you register or visit our Site we may use the information to help us improve our site and its functionality.
You understand that the operation of the Service, including your Content, may be unencrypted and involve (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices and (c) transmission to SimplBnB’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of your Content. SimplBnB will have no liability to you for any unauthorized access or use of any of your Content, or any corruption, deletion, destruction or loss of any of your Content.
Human-readable summary of Sec 8: We will be passing your content through our hosting partners and data carriers.
Hosts: If the Service has been requested by your Cleaner: By registering with SimplBnB: 1. You give permission to your Cleaner to place a Device in your unit. 2. You acknowledge that this Device is the property of SimplBnB at all times. 3. SimplBnB and your Cleaner reserve the right to remove the Device at any time and replace at our sole discretion. SimplBnB and your Cleaner will not be liable for any damage caused by removing / replacing the damage. There will be a charge of $100 for lost Devices and there maybe additional charges for replacing the Devices when they reach the end of their useful lives which are based on usage and time in service. You will of course have the option of not continuing Service at that point.
If the Service has been requested by you: 1. You acknowledge that the Device is the property of SimplBnB at all times. 2. SimplBnB reserves the right to remove the Device at any time and replace at our sole discretion. There will be a charge of $100 for a lost Device and there maybe additional charges for replacing the Devices when they reach the end of their useful lives which is based on usage and time in service. You will of course have the option of not continuing Service at that point. 3. If you terminate your Service commitment early you will be charged a $100 Device configuration fee.
Cleaners: If the Service has been requested by you: 1. You acknowledge that the Device is the property of SimplBnB at all times. 2. SimplBnB reserves the right to remove the Device at any time and replace at our sole discretion. There will be a charge of $100 for lost Devices (which you may pass along to Hosts) and there maybe additional charges for replacing the Devices when they reach the end of their useful lives which is based on usage and time in service (which you may pass along to Hosts) . You will of course have the option of not continuing Service at that point.
Human-readable summary of Sec 9: The hardware component of our Service provides value to Hosts, Guests and Cleaners and is an integral part of our Service. SimplBnB retains ownership Devices at all times and may have to charge you when a Device needs to be replaced. You will have the option to cancel at that point.
Payments to us for Service fees for your Account must be made using means of payment that we may approve from time to time. Payments are not refundable for any reason.
We have two types of Payments. Certain plans will be charged as recurring subscriptions (monthly or annual) and will be charged in the beginning of the term and Due within 5 days. Payments per Cleaning will be billed in arrears. An invoice will be generated and charged for services rendered at the end of each month ("Billing Date"). If we do not receive the full amount of your Service fees within fifteen (15) days of the Billing Date, a late payment charge of one and a half percent (1.5%) per month may be added to your bill and immediately become due and payable. You agree to pay us all reasonable attorney's fees and costs incurred by us to collect any past due amounts. Your Account will be deactivated without further notice if payment is past due, regardless of the dollar amount. If you do not pay the outstanding balance or otherwise contact us regarding reactivating your Account within thirty (30) days, we may suspend or terminate your Account. We may change our fee structure at any time with thirty (30) days notice.
You agree that we will not be liable for any loss caused by any unauthorized use of your credit card or any other method of payment by a third party in connection with the Service. You waive your right to dispute any payment made for your Account and you will bear all costs.
Any attempt to defraud, through the use of credit cards or other methods of payment in connection with the Service, or any failure by you to honor charges or requests for payment will result in immediate termination of your Account and may result in civil claims and/or criminal prosecution against you.
In the case of suspected or fraudulent payment, including the use of stolen credentials, by anyone, or any other fraudulent activity, we reserve the right to block your Account. We shall be entitled to inform any relevant authorities or entities (including credit reference agencies) of any payment fraud or other unlawful activity and may employ collection services to recover payments.
We may use third-party electronic payment processors and/or financial institutions ("ESPs") to process financial transactions. When initially setting up your Account, you will have the ability to decide which ESP you want to process your payments. By selecting the ESP, you authorize us, as necessary, to instruct such ESPs to handle such transactions. You authorize us to give such instructions on your behalf in accordance with your requests as submitted through the use of the Service. You acknowledge that each ESP has its own terms and conditions of use and that we are not responsible for said terms and conditions. In the event or conflict between these Terms and the ESP's terms and conditions regarding the Service, these Terms shall prevail.
Our Service is provided on a month-to-month or year-to-year basis, depending on the term of your agreement. To provide continuous service, we automatically renew all paid subscriptions upon expiration ("Renewal Date"). By using the Service, you acknowledge that your Account will be subject to the above-described automatic renewals. In all cases, if you do not wish your Account to renew automatically, please follow the directions set out under the Termination section of these Terms.
You may cancel your Account before the Renewal Date, and your account will not be renewed, but you will be charged for the use of the Service for the full term on the date you cancel your Account.
Human-readable summary of Sec 10: We have two different models to charge for our Service. The first is a monthly or annual subscription which is billed and collected a the beginning of the term. Typically this model is for Hosts. The second is based on actual usage, per Cleaning, and will be invoiced and billed in arrears at the end of the month. This will mostly apply to Cleaners. We operate on a subscription model that automatically renews. We reserve the right to collect from you if you fail to pay. Payment is non-refundable and you may cancel at any time (you are responsible for any full term charges).
By using the Service you represent and warrant that you are the age of majority in your jurisdiction (typically age 18). The Service is offered to registered users subject to the TOS, the SimplBnB Privacy Policy and any Additional Terms specified on the relevant Site(s), all of which are hereby incorporated by reference into the TOS.
Registration: You agree to (a) only provide accurate and current information about yourself, (b) maintain the security of your passwords and identification, (c) promptly update the email address and phone number listed in connection with your Account to keep it accurate so that we can contact you, and (d) be fully responsible for all uses of your Account. You must not set up an Account on behalf of another individual or entity unless you are authorized to do so.
SimplBnB reserves the right to modify or discontinue your Account at any time for any reason or no reason at all.
Human-readable summary of Sec 11: You must be 18 years old to use the Service. SimplBnB has the right to end your Account at any time. You are responsible for use of your Account. And of course, please do not set up an Account for someone else unless you have permission to do so.
You agree not to engage in any of the following activities:
1. Violating laws and rights:
You may not (a) use the Service for any illegal purpose or in violation of any local, state, national, or international laws, (b) violate or encourage others to violate any right of or obligation to a third party, including by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights.
2. Disruption:
You may not use the Service in any manner that could disable, overburden, damage, or impair the Service, or interfere with any other party’s use of the Service; including by (a) uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code, or (b) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service, or violating any regulation, policy, or procedure of any network, equipment, or server.
3. Impersonation or unauthorized access:
You may not impersonate another person or entity, or misrepresent your affiliation with a person or entity when using the Service;
You may not use or attempt to use another’s account or personal information without authorization; and
You may not attempt to gain unauthorized access to the Service, or the computer systems or networks connected to the Service, through hacking, password mining or any other means.
Human-readable summary of Sec 12: Don’t break the law or be disruptive. Don't try to gain unauthorized access or hack us.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SIMPLBNB OFFERS THE SERVICE (INCLUDING ALL CONTENT AVAILABLE ON OR THROUGH THE SERVICE) AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE SERVICE, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SIMPLBNB DOES NOT WARRANT THAT THE FUNCTIONS OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT CONTENT MADE AVAILABLE ON OR THROUGH THE SERVICE WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SERVERS USED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SIMPLBNB DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OF THE CONTENT AVAILABLE THROUGH THE SERVICE IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.
Human-readable summary of Sec 13: SimplBnB does not make any guarantees about the Sites, Service or content available on the Sites.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SIMPLBNB BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE SERVICE (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF SIMPLBNB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SIMPLBNB IS NOT RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON OR AVAILABLE THROUGH THE SERVICE (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO THAT CONTENT), FOR YOUR USE OF THE SERVICE, OR FOR THE CONDUCT OF THIRD PARTIES ON OR THROUGH THE SERVICE.
Certain jurisdictions do not permit the exclusion of certain warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE JURISDICTIONS, THE FOREGOING EXCLUSIONS AND LIMITATIONS WILL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
Human-readable summary of Sec 14: SimplBnB is not liable for the content on the Sites, your use of our Service or for the conduct of others on our Sites.
To the extent authorized by law, you agree to indemnify and hold harmless SimplBnB, its employees, officers, directors, affiliates, and agents from and against any and all claims, losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting directly or indirectly from or arising out of (a) your violation of the Terms, (b) your failure to verify the copyright license, attribution, and other information associated with Content, (c) your use of the Service, and/or (d) the Content you make available on the Service.
Human-readable summary of Sec 15: If something happens because you violate these terms, because of your use of the Service or because of the content you post on the sites, SimplBnB is not liable.
SimplBnB is committed to responsibly handling the information and data we collect through our Service in compliance with our Privacy Policy, which is incorporated by reference into the TOS. Please review the Privacy Policy so you are aware of how we collect and use your personal information.
Human-readable summary of Sec 16: Please read our Privacy Policy. It is part of these terms, too.
SimplBnB’s name, logos, icons, and other trademarks may not be used without express written permission from SimplBnB.
Other trademarks used on the site are the registered trademarks of their respective owners. Those marks are used for referential purposes only and are not intended to suggest or imply any affiliation with or endorsement by their respective owners.
Human-readable summary of Sec 17: If you want to use SimplBnB trademarks, please get our permission. Other trademarks used on this site are not intended to suggest endorsement or affiliation with SimplBnB.
By SimplBnB: SimplBnB may modify, suspend, or terminate the operation of, or access to, all or any portion of the Service at any time for any reason. Additionally, your individual access to, and use of, the Service may be terminated by SimplBnB at any time and for any reason or no reason at all. SimplBnB shall not be liable to you or to any third party for any modification, price change, change in capacity or accessibility, suspension or discontinuance of the Service. You agree that any termination or limitation of your access to the Service may be without prior notice, and you agree that SimplBnB will not be liable to you or any third party for such change or termination. If SimplBnB terminates this TOS or your access or use of the Service due to your breach of this TOS or any suspected fraudulent, abusive, or illegal activity, then termination of this TOS shall be in addition to any other remedies SimplBnB may have at law or in equity.
By you: If you wish to terminate this agreement, you may immediately stop accessing or using the Service at any time. You have the right to terminate your Account at any time in accordance with the procedures set forth on the Site. To end future payments, cancel your Account before the Renewal Date. All of your Content on the Service (if any) may be permanently deleted by us upon any termination of your account in our sole discretion.
Automatic upon breach: Your right to access and use the Service automatically upon your breach of any of the Terms.
Survival: The disclaimer of warranties, the limitation of liability, and the jurisdiction and applicable law provisions will survive any termination.
Human-readable summary of Sec 18: If you violate these terms, you may no longer use our Service.
Choice of law: The Terms are governed by and construed by the laws of the State of California in the United States, not including its choice of law rules.
Dispute resolution: The parties agree that any disputes between SimplBnB and you concerning these Terms, and/or the Service may only brought in a federal or state court of competent jurisdiction sitting in the Northern District of California, and you hereby consent to the personal jurisdiction and venue of such court.
If you are an authorized agent of a government or intergovernmental entity using the Service in your official capacity, including an authorized agent of the federal, state, or local government in the United States, and you are legally restricted from accepting the controlling law, jurisdiction, or venue clauses above, then those clauses do not apply to you. For any such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of California (excluding its choice of law rules).
No waiver: Either party’s failure to insist on or enforce strict performance of any of the Terms will not be construed as a waiver of any provision or right.
Severability: If any part of the Terms is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
No agency relationship: The parties agree that no joint venture, partnership, employment, or agency relationship exists between you and SimplBnB as a result of the Terms or from your use of the Service.
Integration: The TOS and any applicable Additional Terms constitute the entire agreement between you and SimplBnB relating to this subject matter and supersede any and all prior communications and/or agreements between you and SimplBnB relating to access and use of the Service.
Human-readable summary of Sec 19: If there is a lawsuit arising from these terms, it should be in California and governed by California law. We are glad you use our Service, but this agreement does not mean we are partners.