Terms of Service

Last Updated: January 2024

Agreement to Terms

Welcome to HostMend. By accessing or using our service, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these terms, please do not use our service.

1. Description of Service

HostMend provides a property maintenance reporting platform that allows:

  • Property owners and managers to receive and manage maintenance reports
  • Guests and tenants to submit anonymous maintenance reports via QR codes
  • Enterprise users to manage teams and route alerts
  • Geofencing and security features for verified properties

2. User Accounts and Registration

2.1 Account Creation

To use HostMend as a property owner or manager, you must create an account. You agree to:

  • Provide accurate, current, and complete information
  • Maintain and update your information to keep it accurate
  • Keep your password secure and confidential
  • Notify us immediately of any unauthorized access
  • Be responsible for all activity under your account

2.2 Age Requirement

You must be at least 18 years old to create an account. By creating an account, you represent that you meet this requirement.

2.3 Account Types

HostMend offers different account tiers (Solo Host, Professional Manager, Enterprise Manager) with varying features and limits. You agree to use only the features included in your selected tier.

3. Acceptable Use

3.1 Permitted Use

You may use HostMend only for lawful purposes and in accordance with these Terms. You agree to use the service:

  • For legitimate property management and maintenance reporting
  • In compliance with all applicable laws and regulations
  • In a manner that respects the rights of others
  • With accurate and truthful information

3.2 Prohibited Conduct

You agree NOT to:

  • Submit false, fraudulent, or malicious reports
  • Use the service to harass, abuse, or harm others
  • Attempt to circumvent security measures or geofencing
  • Access another user's account without permission
  • Interfere with or disrupt the service or servers
  • Use automated systems to access the service (bots, scrapers)
  • Reverse engineer or attempt to extract source code
  • Share QR codes publicly or use them inappropriately
  • Violate any intellectual property rights
  • Use the service for illegal purposes

4. Maintenance Reports

4.1 Report Submission

Anyone with access to a property's QR code may submit anonymous maintenance reports. By submitting a report, you represent that:

  • The report describes a genuine maintenance issue
  • You have legitimate access to the property
  • The information provided is accurate and truthful
  • Any photos uploaded do not violate privacy rights

4.2 No Guarantee of Response

HostMend is a reporting platform only. We do not guarantee that property owners will respond to or resolve reported issues. Maintenance response is the sole responsibility of the property owner.

5. Payment and Subscriptions

5.1 Fees

Certain features of HostMend require a paid subscription. By subscribing, you agree to pay all applicable fees for your selected tier.

5.2 Billing

  • Subscriptions are billed on a recurring basis (monthly or annually)
  • You authorize us to charge your payment method automatically
  • Fees are non-refundable except as required by law
  • We may change pricing with 30 days notice
  • Failed payments may result in service suspension

5.3 Cancellation

You may cancel your subscription at any time. Cancellation takes effect at the end of your current billing period. You will retain access until that date.

5.4 Tier Limits

Solo Host accounts are limited to 3 properties. Professional and Enterprise tiers have unlimited properties. Sub-units and team features are Enterprise-only.

6. Intellectual Property

6.1 HostMend Property

The HostMend service, including all content, features, functionality, software, and design, is owned by HostMend and protected by copyright, trademark, and other intellectual property laws.

6.2 Your Content

You retain ownership of property information, reports, and photos you upload. By using HostMend, you grant us a license to store, process, and display this content as necessary to provide the service.

6.3 QR Codes

QR codes generated by HostMend are for your use at your properties only. You may not redistribute, sell, or publicly share QR codes in ways that violate this agreement.

7. Geofencing and Location Services

Enterprise properties with verified addresses may use geofencing features:

  • Geofencing helps verify report authenticity but is not foolproof
  • Reports outside the geofence are flagged but still delivered
  • HostMend is not responsible for false positives or negatives
  • Location data is used solely for geofence verification
  • You are responsible for reviewing flagged reports

8. Privacy and Data

Your use of HostMend is also governed by our Privacy Policy. By using the service, you consent to our data practices as described in the Privacy Policy.

8.1 Tenant Privacy

For properties with tenant information stored in HostMend:

  • You are responsible for complying with privacy laws
  • You must have legal authority to store tenant information
  • Tenant data must only be used for property management
  • You agree not to share tenant data inappropriately

9. Disclaimers and Limitations

9.1 Service Provided "As Is"

HostMend is provided "as is" and "as available" without warranties of any kind, express or implied. We do not warrant that the service will be uninterrupted, error-free, or secure.

9.2 No Liability for Reports

HostMend is a communication platform. We are not responsible for:

  • The accuracy or authenticity of submitted reports
  • Property owner responses or lack thereof
  • Actual maintenance or repairs performed
  • Disputes between property owners and guests/tenants
  • Property damage or personal injury

9.3 Limitation of Liability

To the maximum extent permitted by law, HostMend shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses.

Our total liability shall not exceed the amount you paid to HostMend in the 12 months preceding the claim.

10. Indemnification

You agree to indemnify and hold harmless HostMend, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including legal fees) arising from:

  • Your use of the service
  • Your violation of these Terms
  • Your violation of any rights of another party
  • Content you submit or actions you take

11. Termination

11.1 Termination by You

You may terminate your account at any time by contacting us or using account settings.

11.2 Termination by HostMend

We reserve the right to suspend or terminate your account if:

  • You violate these Terms
  • You fail to pay applicable fees
  • You engage in fraudulent or illegal activity
  • We are required to do so by law
  • We decide to discontinue the service

11.3 Effect of Termination

Upon termination, your right to use the service immediately ceases. We may delete your data after termination, though we may retain certain information as required by law or for legitimate business purposes.

12. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes by email or through the service. Your continued use after changes take effect constitutes acceptance of the new Terms.

13. Dispute Resolution

13.1 Informal Resolution

Before filing any formal dispute, you agree to first contact us to attempt to resolve the issue informally.

13.2 Arbitration

Any disputes that cannot be resolved informally shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. You waive any right to a jury trial.

13.3 Class Action Waiver

You agree that disputes must be brought on an individual basis only, and not as part of any class or representative action.

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and HostMend.

14.2 Severability

If any provision is found to be unenforceable, the remaining provisions will remain in full effect.

14.3 No Waiver

Our failure to enforce any right or provision shall not constitute a waiver of that right or provision.

14.4 Assignment

You may not assign these Terms without our consent. We may assign these Terms without restriction.

14.5 Governing Law

These Terms are governed by the laws of the jurisdiction in which HostMend operates, without regard to conflict of law principles.

15. Contact Information

If you have questions about these Terms, please contact us:

Important: By using HostMend, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree, you must not use our service.