Terms of Service

1. Acceptance of Terms

By accessing or using OccupancyOS ("Service"), you agree to be bound by these Terms of Service ("Terms"). These Terms constitute a legally binding agreement between you and OccupancyOS ("we", "us", "our").

2. Service Modification and Termination

WE RESERVE THE ABSOLUTE RIGHT TO:

• Modify, suspend, or discontinue the Service (or any part thereof) at any time, for any reason or no reason, with or without notice.
• Terminate your account and access to the Service immediately, for any reason or no reason, without prior notice or liability.
• Change these Terms at any time without notice. Continued use of the Service constitutes acceptance of modified Terms.
• Refuse service to anyone for any reason at any time.
• Delete your data at our discretion.
• Change pricing, features, or credit allocations without warning.

3. No Warranties - Use at Your Own Risk

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• No warranty of merchantability, fitness for a particular purpose, or non-infringement.
• No warranty that the Service will be uninterrupted, secure, error-free, or virus-free.
• No warranty regarding the accuracy, reliability, or quality of any content, information, or AI-generated recommendations.
• No guarantee that use of the Service will increase bookings, revenue, or occupancy rates.
• No warranty that AI-generated content will comply with Airbnb policies or any third-party platform rules.
• No warranty against data loss, corruption, or unauthorized access.

4. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR:

• ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
• ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES.
• ANY DAMAGES RESULTING FROM YOUR USE OR INABILITY TO USE THE SERVICE.
• ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.
• ANY CONTENT, CONDUCT, OR DEFAMATORY STATEMENTS OF ANY THIRD PARTY.
• ANY AI-GENERATED CONTENT THAT IS INACCURATE, OFFENSIVE, PLAGIARIZED, OR CAUSES HARM.
• ANY SUSPENSION OR TERMINATION OF YOUR AIRBNB ACCOUNT OR OTHER PLATFORM ACCOUNTS.
• ANY VIOLATION OF INTELLECTUAL PROPERTY RIGHTS CAUSED BY OUR SUGGESTIONS.
• ANY BUSINESS LOSSES DUE TO RELIANCE ON OUR RECOMMENDATIONS.

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID US IN THE PAST 12 MONTHS, OR $10 USD, WHICHEVER IS LESS.

5. Your Responsibilities and Restrictions

YOU AGREE TO:

• Use the Service only for lawful purposes and in compliance with all applicable laws.
• Not use the Service to harm, harass, or violate the rights of others.
• Not attempt to reverse engineer, decompile, or extract source code from the Service.
• Not use automated systems (bots, scrapers, etc.) to access the Service without written permission.
• Not resell, redistribute, or sublicense access to the Service.
• Not submit false, misleading, or fraudulent information.
• Verify all AI-generated content before publishing it to any platform.
• Not hold us responsible for any consequences of using our AI suggestions.
• Not abuse, exploit, or circumvent credit/usage limitations.
• Not use the Service in any way that violates Airbnb's or other platforms' Terms of Service.

6. AI-Generated Content Disclaimer

CRITICAL DISCLAIMER: Our Service uses artificial intelligence to generate content suggestions. You acknowledge and agree that:

• AI-generated content may be inaccurate, incomplete, biased, offensive, or inappropriate.
• AI may produce plagiarized, copyrighted, or legally problematic content.
• You are solely responsible for reviewing, editing, and approving all content before use.
• We are not liable for any consequences resulting from your use of AI-generated content.
• AI suggestions do not constitute professional advice (legal, financial, marketing, or otherwise).
• You must comply with Airbnb's Terms of Service and all applicable laws when using our suggestions.
• We do not guarantee that AI-generated content will improve your listing performance.
• AI models can hallucinate, fabricate facts, or produce nonsensical output.

7. Payment and Refunds

ALL SALES ARE FINAL. WE DO NOT OFFER REFUNDS UNDER ANY CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO:

• Dissatisfaction with AI-generated content quality.
• Failure to achieve desired results (increased bookings, revenue, etc.).
• Service downtime, errors, bugs, or unavailability.
• Account termination by us or you.
• Changes to the Service, features, or pricing.
• Incorrect purchases or accidental transactions.
• Change of mind or buyer's remorse.
• Technical issues preventing use of credits.

Chargebacks or payment disputes will result in immediate permanent account termination, forfeiture of all credits, and potential legal action to recover costs.

8. Intellectual Property

You retain ownership of content you submit to the Service. However, by using the Service, you grant us a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, transferable license to use, modify, reproduce, display, distribute, and create derivative works from your content for the purpose of providing and improving the Service, training AI models, marketing, and any other purpose we deem necessary.

All Service code, design, AI models, algorithms, trademarks, and branding are our exclusive property. Unauthorized use, copying, or distribution is strictly prohibited and will result in legal action.

9. Data Collection and Privacy

We collect and store data as described in our Privacy Policy, including but not limited to your email, IP address, listing content, usage patterns, and payment information. By using the Service, you consent to such collection and use. We may use your data to improve our Service, for analytics, training AI models, marketing purposes, and any other purpose we deem appropriate.

10. Third-Party Services

Our Service integrates with third-party services (Gumroad, Supabase, Groq, etc.). We are not responsible for the availability, accuracy, security, or content of these third-party services. Your use of third-party services is at your own risk and subject to their respective terms. We may change or remove third-party integrations at any time without notice.

11. Indemnification

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS OccupancyOS, its owners, officers, directors, employees, contractors, and agents from any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from:

• Your use or misuse of the Service.
• Your violation of these Terms.
• Your violation of any third-party rights, including intellectual property, privacy, or publicity rights.
• Content you submit, publish, or distribute using our Service.
• Any disputes between you and Airbnb or other platforms.
• Any harm caused by AI-generated content you use.
• Any fraudulent or illegal activity conducted through your account.

12. Dispute Resolution and Arbitration

MANDATORY BINDING ARBITRATION: Any dispute, claim, or controversy arising from these Terms or the Service shall be resolved exclusively through binding arbitration, not in court. You expressly waive your right to a jury trial and to participate in class actions or class arbitrations.

Arbitration shall be conducted under the rules of the American Arbitration Association (AAA) or JAMS. The arbitrator's decision is final, binding, and non-appealable. You are responsible for all arbitration costs unless prohibited by law.

Exception: Either party may seek injunctive relief in court to prevent intellectual property infringement.

13. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to conflict of law principles. Any legal action not subject to arbitration must be brought exclusively in the state or federal courts located in Delaware, and you consent to personal jurisdiction there.

14. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect to the maximum extent permitted by law.

15. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and OccupancyOS regarding the Service and supersede all prior agreements, representations, and understandings.

16. Modifications to Terms

We reserve the right to modify these Terms at any time, for any reason, with or without notice. Changes become effective immediately upon posting. Your continued use of the Service after changes constitutes acceptance of the modified Terms. It is your responsibility to review these Terms periodically.

17. Contact

For questions about these Terms, contact us at: support@occupancyos.com

We are not obligated to respond to support requests and reserve the right to ignore any communication.