Terms of Service

Welcome to StayKit. These Terms of Service ("Terms") are a legal agreement between you ("you," "your," or "User") and StayKit ("StayKit," "we," "us," or "our"). By creating an account, accessing, or using our platform at staykit.com (the "Service"), you agree to be bound by these Terms. If you do not agree, do not use the Service.

StayKit is a software-as-a-service ("SaaS") platform that enables vacation rental property owners ("Property Owners") to create direct booking websites for their rental properties. StayKit also facilitates guest bookings and payment processing between Property Owners and their guests ("Guests").

1. Eligibility

You must be at least 18 years old and capable of forming a binding contract to use the Service. By using StayKit, you represent and warrant that you meet these requirements. If you are using the Service on behalf of a business or entity, you represent that you have authority to bind that entity to these Terms.

2. Accounts

To use StayKit, you must create an account with a valid email address and password. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account.

We reserve the right to suspend or terminate accounts that violate these Terms, engage in fraudulent activity, or remain inactive for an extended period, with reasonable notice where practicable.

3. The Service

StayKit provides Property Owners with tools to create and manage a public-facing booking website for a vacation rental property. Features include property listing creation, photo management, pricing configuration, calendar and availability management (including iCal synchronization), booking inquiry management, theme customization, and payment processing through third-party providers.

StayKit is a platform and toolset. We are not a party to any rental agreement between Property Owners and Guests. We do not own, manage, or control any properties listed on the Service. Property Owners are solely responsible for the accuracy of their listings, compliance with local laws and regulations (including short-term rental ordinances, tax obligations, and zoning laws), and the fulfillment of bookings.

StayKit does not screen, verify, endorse, or guarantee any Property Owner, Guest, property, listing, or booking. StayKit does not inspect properties and makes no representations about the safety, legality, suitability, quality, or condition of any property listed on the Service. Any decision to list a property, make an inquiry, or complete a booking is made solely at the user's own risk and discretion. Property Owners and Guests are independent parties. Neither party is an agent, employee, or representative of StayKit, and neither party has authority to bind StayKit in any way.

4. Subscriptions and Billing

StayKit may offer free and paid subscription plans. By subscribing to a paid plan, you authorize us to charge the applicable fees to your designated payment method on a recurring basis (monthly or annually, depending on the plan selected).

Subscription Tiers: StayKit offers three subscription tiers: Free, Starter, and Pro. The Free tier costs nothing and includes core booking functionality. Paid tiers (Starter and Pro) unlock additional features, lower guest booking fees, and faster payout timing. Current pricing is available at staykit.com. All new accounts receive a 30-day trial of the Pro tier. At the end of the trial, your account will be downgraded to the Free tier unless you subscribe to a paid plan. Downgrading does not delete your data — features associated with higher tiers will be locked but your data will be retained.

Trial Period: You acknowledge that features available during your trial period may become unavailable upon trial expiration if you do not subscribe to a paid plan. StayKit is not liable for any disruption to your operations resulting from the expiration of a trial or the downgrade of your subscription tier.

Price Changes: We may change our subscription pricing at any time. Price changes take effect at the start of your next billing cycle after we provide at least 30 days' notice. If you do not agree with a price change, you may cancel your subscription before the new price takes effect.

Refunds: Subscription fees are generally non-refundable. If you cancel your subscription, you will retain access to the Service through the end of your current billing period but will not receive a refund for any unused portion, except as required by applicable law.

Taxes: All fees are exclusive of applicable taxes. You are responsible for paying any sales tax, VAT, or other taxes imposed on your use of the Service, except for taxes based on StayKit's net income.

5. Payment Processing

StayKit integrates with Stripe, Inc. ("Stripe") to enable Property Owners to accept payments from Guests. By enabling payment processing through StayKit, you agree to Stripe's Connected Account Agreement and Terms of Service.

Platform Fee: StayKit charges a platform service fee on each guest payment processed through the Service. The fee percentage varies by the Property Owner's subscription tier (currently ranging from 3% to 6% of the booking total). This fee may be included in the Guest's total or absorbed by the Property Owner, depending on the Property Owner's settings. The applicable fee and who pays it will be disclosed to the Guest during the booking process. StayKit reserves the right to adjust platform fee percentages with at least 30 days' notice.

Stripe Fees: Standard Stripe payment processing fees (e.g., 2.9% + $0.30 per transaction) are charged by Stripe separately and are the responsibility of the Property Owner.

Payouts: Payouts from Stripe to Property Owners are governed by Stripe's policies and payout schedules. StayKit does not control payout timing and is not responsible for delays, holds, or other actions taken by Stripe.

Payout Timing: Property Owner payouts are processed on a schedule that varies by subscription tier, beginning after the Guest's check-in date. Specific payout timing is disclosed on the subscription page and during Stripe Connect onboarding. Payout timing is not guaranteed and may be subject to additional delays due to fraud review, payment disputes, account verification requirements, or actions taken by Stripe. StayKit reserves the right to hold, delay, or withhold payouts if we reasonably suspect fraudulent activity, a violation of these Terms, or a pending payment dispute.

Installment Payments: Where a Property Owner has configured installment payment terms, the Guest authorizes StayKit to charge subsequent installments to the payment method provided at booking according to the schedule disclosed during checkout. By completing a booking with installment terms, the Guest consents to these future charges. Failed installment payments may result in additional fees, booking modification, or booking cancellation at the Property Owner's discretion. StayKit is not responsible for resolving disputes between Property Owners and Guests regarding installment payment terms.

Security Deposits: Where a Property Owner requires a security deposit, the deposit is collected as a separate payment authorization at the time of booking. Security deposits are automatically refunded within 7 days after the Guest's checkout date unless the Property Owner files a damage claim before that deadline. StayKit facilitates the deposit collection, refund, and claims process through Stripe, but StayKit does not adjudicate, mediate, or resolve damage claims between Property Owners and Guests. Any dispute regarding a damage claim is solely between the Property Owner and the Guest.

Chargebacks and Payment Disputes: If a Guest initiates a chargeback or payment dispute with their bank or credit card company, StayKit may provide transaction information to Stripe to assist in resolving the dispute. Property Owners acknowledge that chargebacks may result in funds being debited from their connected Stripe account, and StayKit is not liable for any losses arising from chargebacks or payment disputes. StayKit reserves the right to suspend payment processing for any Property Owner who experiences an excessive rate of chargebacks.

No Financial Advice: StayKit is not a bank, financial institution, or money services business. We do not hold funds on your behalf. All payment processing is handled by Stripe.

Tax Collection and Remittance: StayKit provides tools that allow Property Owners to set a tax rate that is collected from Guests at the time of booking. StayKit facilitates the collection of these taxes as part of the checkout process on behalf of the Property Owner.

StayKit does not calculate, determine, verify, or remit taxes on behalf of Property Owners. Property Owners are solely responsible for:

• Determining the applicable tax rates for their property based on local, state, and federal tax requirements
• Ensuring the tax rate configured in StayKit is accurate and current
• Remitting all collected taxes to the appropriate taxing authorities in a timely manner
• Maintaining records of taxes collected and remitted
• Complying with all applicable tax laws and regulations

StayKit makes no representations regarding the tax obligations of Property Owners and does not provide tax advice. Property Owners should consult with a qualified tax professional regarding their specific tax obligations.

6. Guest Contact Information and Communications

Data Collection. When Guests submit inquiries, make bookings, or otherwise interact with a property listing, their contact information (including name, email address, and phone number) is collected and stored in the Service.

Owner Use of Guest Data. Guest contact information is made available to the Property Owner of the property the Guest interacted with through the Service's contact management tools. Property Owners may use Guest contact information for: (a) communications directly related to bookings and stays, including confirmations, check-in instructions, and post-stay follow-up; (b) marketing communications about the Property Owner's property or properties, including future booking promotions, loyalty program notifications, and direct booking incentives; and (c) any other purpose permitted by applicable law, provided that the Property Owner includes a clear and functional opt-out mechanism in all marketing communications.

Owner Compliance Obligations. Property Owners are solely responsible for their compliance with all applicable marketing and data protection laws when using Guest contact information obtained through the Service, including but not limited to the CAN-SPAM Act, the Telephone Consumer Protection Act (TCPA), the California Consumer Privacy Act (CCPA), and any other applicable federal, state, or international regulations. StayKit provides contact management tools but does not guarantee that any Property Owner's use of Guest data complies with applicable law. Property Owners agree to indemnify StayKit against any claims arising from their use of Guest contact information.

StayKit Use of Data. By using the Service, all users (Property Owners and Guests) consent to StayKit using their contact information and usage data for: (a) operating and improving the Service; (b) sending transactional communications related to bookings, payments, and account activity; (c) sending platform-related communications including trial reminders, subscription updates, feature announcements, and service notifications; and (d) analyzing usage patterns to improve the Service in aggregate, de-identified form.

Guest Acknowledgment. Guests acknowledge and agree that by submitting an inquiry, making a booking, or providing their contact information through a StayKit-powered property site, their contact information will be shared with the Property Owner and may be used by the Property Owner for marketing communications related to the property. Guests may opt out of Property Owner marketing communications by contacting the Property Owner directly or by using any opt-out mechanism provided in the Property Owner's communications. Opting out of Property Owner marketing does not affect transactional communications related to active or past bookings.

7. Property Owner Responsibilities

If you use the Service as a Property Owner, you are solely responsible for:

Listing Accuracy. Providing accurate, complete, and current information about your property, including descriptions, photos, amenities, pricing, location, availability, house rules, and any known hazards or limitations.

Legal Compliance. Complying with all applicable local, state, and federal laws related to operating a vacation rental, including zoning laws, short-term rental permits and licenses, health and safety codes, homeowner association rules, and building codes. StayKit does not provide legal or regulatory guidance.

Tax Obligations. Determining, collecting, reporting, and remitting all applicable taxes related to your rental activity, including occupancy taxes, sales taxes, and income taxes. StayKit does not collect or remit taxes on your behalf unless explicitly stated otherwise.

Insurance. Maintaining adequate insurance coverage for your property, including any short-term rental endorsements or policies appropriate for your circumstances. StayKit does not provide insurance coverage for Property Owners or their properties.

Guest Safety. Ensuring your property meets all applicable safety standards and promptly disclosing any conditions that could affect a Guest's health or safety.

Rental Agreements. Any rental agreement between you and a Guest is solely your responsibility. StayKit provides rental agreement template tools as a convenience only — these templates do not constitute legal advice, and you are responsible for ensuring your agreements comply with applicable laws. StayKit is not a party to any rental agreement between a Property Owner and a Guest.

Guest Data. Handling all Guest contact information obtained through the Service in compliance with applicable data protection and marketing laws, as described in Section 6.

8. Guest Responsibilities

If you use the Service as a Guest, you acknowledge and agree that:

You are responsible for exercising your own judgment and due diligence before booking any property. StayKit does not verify property listings or guarantee the quality, safety, or suitability of any property, and your decision to book is made at your own risk.

You will comply with all house rules, rental agreements, and policies set by the Property Owner, and treat the property with reasonable care.

You are responsible for any damage caused to a property during your stay, subject to the terms of any rental agreement and applicable law.

You will provide accurate personal information when making bookings or inquiries.

Any dispute regarding a property, booking, cancellation, refund, or damage claim is between you and the Property Owner. StayKit may facilitate communication but is not obligated to mediate or resolve disputes between Property Owners and Guests.

9. AI-Assisted Features

The Service uses artificial intelligence (specifically, Anthropic's Claude) to assist with certain features, including automated photo classification and categorization. By uploading photos to the Service, you acknowledge that your photos may be sent to third-party AI providers for processing. AI-generated classifications are provided as suggestions only and may contain errors. You are solely responsible for reviewing and correcting any AI-generated content. We do not send your financial information, Guest data, or account credentials to AI providers. We do not guarantee the accuracy or reliability of any AI-assisted feature.

10. Guest Protection

StayKit may offer optional guest protection products (e.g., trip protection or damage coverage) through third-party insurance providers. These products are provided by the respective insurance carriers, not by StayKit. StayKit acts solely as a referral channel and receives a commission for policies purchased through the Service. All claims, coverage terms, and disputes related to guest protection are governed by the applicable insurance provider's terms and policies.

Security deposits collected through the Service are not insurance products. Security deposits are held by Stripe and are subject to the terms disclosed during the booking process and as described in Section 5 (Payment Processing). StayKit does not guarantee the return of any security deposit and is not liable for any dispute between a Property Owner and Guest regarding deposit claims.

11. User Content

Ownership: You retain all ownership rights to content you upload or create through the Service, including property descriptions, photos, pricing information, and other listing content ("User Content").

License: By uploading User Content, you grant StayKit a worldwide, non-exclusive, royalty-free license to use, reproduce, display, and distribute your User Content solely for the purpose of operating, providing, and improving the Service. This includes displaying your property listing on your public StayKit booking page. This license terminates when you delete your User Content or your account, except for copies that may exist in our backups for a reasonable period.

Responsibility: You are solely responsible for your User Content. You represent and warrant that you own or have the necessary rights and permissions to upload and share your User Content, and that your User Content does not infringe on any third party's intellectual property rights, violate any law, or contain material that is defamatory, obscene, or otherwise objectionable.

Backups: You are responsible for maintaining your own backups of User Content. While we take reasonable measures to protect data, we are not responsible for any loss or corruption of User Content.

12. Acceptable Use

You agree not to use the Service to: list properties you do not own or have legal authority to rent; post false, misleading, or fraudulent listing information; violate any applicable local, state, national, or international law or regulation; engage in activity that is harmful, abusive, harassing, or threatening to other users; interfere with or disrupt the Service or its infrastructure; attempt to gain unauthorized access to any part of the Service; use the Service to send spam, unsolicited communications, or malware; scrape, mine, or extract data from the Service through automated means; sublicense, resell, or redistribute access to the Service without our written permission; use Guest contact information obtained through the Service in violation of applicable law, including sending unsolicited communications without a proper opt-out mechanism; circumvent or manipulate the Service's fee structure, payment systems, or payout timing; create fraudulent bookings or use the Service to facilitate money laundering or other financial crimes; or use the Service to collect payments outside of the platform's designated payment processing system in a manner intended to avoid platform fees.

We reserve the right to investigate and take appropriate action against violations of this section, including removing content, suspending accounts, and reporting illegal activity to law enforcement.

13. Intellectual Property

The Service, including all software, design, text, graphics, logos, and other materials (excluding User Content), is owned by StayKit and is protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service for its intended purpose, subject to these Terms.

You may not copy, modify, distribute, sell, or lease any part of the Service, nor may you reverse engineer or attempt to extract the source code of the Service.

14. Third-Party Services

The Service integrates with third-party services including Stripe (payments), Supabase (data storage), Mapbox (maps and geocoding), and others. Your use of these third-party services is governed by their respective terms of service and privacy policies. StayKit is not responsible for the availability, accuracy, or reliability of any third-party service.

15. Privacy

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information. By using the Service, you consent to the practices described in the Privacy Policy.

16. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

StayKit does not warrant that the Service will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We do not guarantee any specific results from use of the Service, including any particular level of bookings, revenue, or guest inquiries.

StayKit does not verify, endorse, or guarantee the accuracy of any property listing, the quality or safety of any rental property, or the identity or reliability of any Property Owner or Guest.

StayKit does not guarantee that bookings will be honored, that payments will be processed without error, that payouts will be delivered on any specific schedule, or that any property will meet a Guest's expectations. StayKit makes no representations regarding the legal compliance of any Property Owner's rental activity, the enforceability of any rental agreement created using the Service's template tools, or the adequacy of any Property Owner's insurance coverage. All rental transactions are entered into at the users' own risk.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL STAYKIT, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

(a) your access to, use of, or inability to access or use the Service; (b) any conduct or content of any third party on the Service, including other users, Property Owners, or Guests; (c) any User Content or other content obtained from the Service; (d) unauthorized access, use, or alteration of your transmissions or content; (e) any transaction or relationship between a Property Owner and a Guest, including disputes over bookings, payments, property conditions, cancellations, or refunds; (f) any failure or delay in payment processing by Stripe or other third-party providers; (g) any property damage, personal injury, illness, or death occurring at or related to any property listed on the Service; (h) any loss arising from security deposit claims, damage disputes, or withholding of deposits; (i) any loss arising from payout delays, holds, or withholding by StayKit or Stripe; (j) any tax liability, penalty, or assessment related to a Property Owner's rental activity; (k) any claim arising from a Property Owner's use of Guest contact information for marketing or other purposes; or (l) any loss arising from the expiration of a trial period or downgrade of a subscription tier.

IN NO EVENT SHALL STAYKIT'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO STAYKIT IN SUBSCRIPTION FEES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, the above limitations will apply to the fullest extent permitted by law.

18. Indemnification

You agree to indemnify, defend, and hold harmless StayKit and its officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your User Content; (c) your violation of these Terms; (d) your violation of any applicable law or regulation; (e) any dispute between you and a Guest or other third party; (f) any property you list on the Service, including issues related to safety, habitability, legality, or guest injuries; (g) your use of Guest contact information obtained through the Service, including for marketing purposes; (h) any tax liability, penalty, or claim related to your rental activity; (i) any claim that your property does not comply with applicable safety, health, zoning, or building codes; (j) any damage claim or security deposit dispute involving you and another user; or (k) any rental agreement you create using the Service's template tools, including claims that such agreement is unenforceable or does not comply with applicable law.

19. Dispute Resolution and Arbitration

Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court.

Informal Resolution: Before filing any formal proceeding, you agree to first contact us at support@staykit.com and attempt to resolve the dispute informally for at least 30 days.

Binding Arbitration: If we cannot resolve the dispute informally, any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration shall be conducted in DuPage County, Illinois, or at another mutually agreed location, and may also be conducted by phone or video conference. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Class Action Waiver: You and StayKit agree that any arbitration or court proceeding shall be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than arbitration, you and StayKit each waive the right to a jury trial.

Exceptions: Either party may bring a claim in small claims court if the claim qualifies. Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights.

Disputes Between Users. StayKit is not responsible for resolving disputes between Property Owners and Guests, including disputes related to property conditions, booking cancellations, refunds, rental agreement terms, damage claims, security deposits, or any other matter arising from a rental transaction. Property Owners and Guests agree to resolve disputes between themselves directly. StayKit may, but is not obligated to, assist by providing transaction records or facilitating communication. Any such assistance does not make StayKit a party to the dispute or create any obligation on StayKit's part to resolve it.

20. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of law principles.

21. Termination

By You: You may cancel your account at any time through your account settings or by contacting us at support@staykit.com. Upon cancellation, your public property listing will be taken offline and your access to the dashboard will end at the close of your current billing period.

By StayKit: We may suspend or terminate your account at any time for violation of these Terms, fraudulent or illegal activity, or for any other reason with reasonable notice. In the event of termination for cause, you will not be entitled to a refund.

Effect of Termination: Upon termination, your right to use the Service ceases immediately (or at the end of your billing period, if applicable). We may retain certain data as required by law or for legitimate business purposes (e.g., resolving disputes, enforcing agreements). Sections of these Terms that by their nature should survive termination will survive, including Sections 11 (User Content licenses), 16–20 (Disclaimers, Liability, Indemnification, Disputes, Governing Law), and this Section 21.

22. Modifications to the Service and Terms

Service Changes: We may modify, update, or discontinue features of the Service at any time. We will make reasonable efforts to notify you of significant changes.

Terms Changes: We may update these Terms from time to time. If we make material changes, we will notify you by email or by posting a prominent notice on the Service at least 30 days before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms. If you do not agree with the changes, you must stop using the Service and cancel your account.

23. General Provisions

Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and StayKit regarding the Service and supersede all prior agreements.

Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

Waiver: Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

Assignment: You may not assign or transfer your rights under these Terms without our prior written consent. StayKit may assign its rights and obligations under these Terms without restriction.

Force Majeure: StayKit shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including natural disasters, war, terrorism, pandemics, power outages, internet failures, or government actions.

Notices: We may send notices to you via email to the address associated with your account. You may send notices to us at support@staykit.com.

24. Contact Us

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

StayKit
Email: support@staykit.com
Website: staykit.com