Terms of Service

These Terms of Service ("Terms") are a binding agreement between you and JW Creative LLC, a Georgia limited liability company ("Stayside," "we," "us" or "our"), covering your use of stayside.net and everything we offer through it (the "Services"). By creating an account or using the Services, you agree to these Terms and to our Privacy Policy and Refunds and cancellation policy, which are part of these Terms. If you don't agree, don't use the Services.

These Terms include a mandatory arbitration agreement and class action waiver (Section 17). They affect how disputes between you and Stayside are resolved. Please read them.

1. What Stayside is

Stayside is a private booking calendar and set of tools that lets people who share a vacation home coordinate stays. Managers create a place, invite members, set rates and rules, and share information about the place. Members book stays within those rules.

Stayside is software only. We don't own, lease, operate, inspect, insure or control any place. We don't verify the identity of users, the ownership or condition of places, or the accuracy of anything users post. We aren't a rental agency, broker, property manager, payment escrow or insurer, and we aren't a party to any stay or any arrangement between users. Any agreement about a stay, including its rules, price and payment, is solely between the members and managers of that place.

2. Definitions

• Place: a home set up on Stayside, and the account-level space for it.
• Manager: a user with the manager role for a place. The database may call this role "owner."
• Member: any user who belongs to a place, including managers.
• Stay: a booking of a place for one or more nights.
• Plan: a paid subscription for a place.
• Content: anything users add to the Services, including text, photos, rules, guides, rates, check-in information, addresses and messages.

3. Eligibility and accounts

• You must be at least 18 years old to have an account or use the Services.
• You must give accurate, current information and keep it updated. One person per account; accounts can't be shared or transferred.
• You're responsible for your password and for everything done through your account. Tell us at support@stayside.net right away if you think your account has been accessed without permission.
• We may refuse, suspend or close accounts at our discretion, including for breaking these Terms.

4. Managers' responsibilities

By creating or managing a place, you confirm and agree that:

• You own the place, or you have the authority of every owner, co-owner, landlord, trust or association needed to share it and set rules for it on Stayside.
• You're responsible for complying with all laws that apply to the place and to stays there, including zoning, short-term rental rules, occupancy limits, licensing and registration, safety codes, lease and HOA restrictions, and any taxes on stays.
• You're responsible for the accuracy and legality of your Content, for the safety and condition of the place, and for the rules and rates you set.
• You decide who joins your place and what they can see. Check-in information such as door codes and Wi-Fi passwords is shown to members with a confirmed stay that hasn't ended, and to managers. You're responsible for what you choose to share, for changing codes when needed, and for anything members do with that information.
• You handle disagreements among the members of your place, including cancellations, damage and payment.
• You'll use members' personal information only to run your place, and in line with the Privacy Policy and applicable law.
• You won't use Stayside to offer a place to the general public in a way that violates law or these Terms.

5. Members' responsibilities

• Follow the rules of each place you belong to and honor the stays you book.
• Treat places and other members with care. You're responsible for your conduct and the conduct of your guests at a place, and for any damage you or they cause.
• Keep check-in information private and share it only with people on your stay.
• Make any payments for stays directly to the manager, as the place's rules describe, unless the Services say otherwise.

6. Stays and arrangements between users

Stays, their prices and any payments for them are arrangements between members and managers. We don't collect, hold or guarantee payments for stays, and we don't guarantee that a stay will happen, that a place will match its description, or that anyone will honor a booking or a rule. Stayside doesn't provide support for stays. If you have a question, complaint or dispute about a stay, a place, its rules or a payment for a stay, take it up with the place's manager or the other member directly. We don't mediate, investigate or decide disputes between users, and we don't refund, reverse or collect payments for stays. Our support covers the Stayside software and plan billing only.

Release. To the extent the law allows, you release Stayside, its owners, employees and agents from all claims, demands, damages and losses of every kind, known or unknown, arising from or connected to any dispute with another user, any stay, or anything that happens at a place.

7. Plans, fees and billing

• Trial. Each new place gets 30 days free. No card is needed. If no plan is chosen by the end of the trial, the place is paused.
• Plans. After the trial, a place needs a plan: $7 a month or $60 a year, per place, plus any applicable taxes. We may change prices. We'll give at least 30 days' notice before a change applies to an existing plan.
• Automatic renewal. Plans renew automatically at the end of each monthly or yearly period until cancelled. By choosing a plan, you authorize us and our payment processor to charge your payment method at each renewal, and for any plan change you confirm.
• Who can manage a plan. The plan belongs to the place. Any manager of the place can choose, change, update the payment method for, or cancel the plan, and each manager's actions bind the others.
• Payment processing. Payments are processed by Stripe under Stripe's terms. We don't store full card numbers.
• Failed payments. If a charge fails, we'll retry it for a period while the place stays open. If it keeps failing, the place is paused.
• Paused places. A paused place is read-only or hidden as the Services describe. Nothing is deleted while a place is paused, and any manager can choose a plan to reopen it. We may delete a place that stays paused for a long time after giving notice to its managers.
• Free plans. We may give a place a free plan at our discretion and may withdraw it with reasonable notice.
• Chargebacks. If you dispute a charge with your bank instead of contacting us first, we may pause the place and recover the cost of the dispute.
• Refunds are governed by the Refunds and cancellation policy.

8. Your Content

• Ownership. You keep ownership of your Content.
• License to us. So we can run the Services, you grant Stayside a worldwide, non-exclusive, royalty-free license to host, store, copy, back up, transmit, display and adapt (for example, resize photos) your Content, and to show it to the people you've shared it with. This license lasts as long as your Content is on the Services, plus a reasonable period for backups. We don't use your Content for advertising or sell it.
• Your promises. You confirm you have all rights needed to post your Content and to grant this license, and that it doesn't violate anyone's rights or any law.
• Removal. We can remove or restrict Content that we believe violates these Terms or creates risk for us or others, without notice.
• Feedback. If you send us ideas or suggestions, we can use them without owing you anything.
• Copyright complaints. If you believe Content on the Services infringes your copyright, email support@stayside.net with the work, the location of the Content, your contact details, a statement of good-faith belief, and a statement under penalty of perjury that your notice is accurate and you're authorized to act.

9. Acceptable use

You agree not to:

• Break any law, or use the Services to help anyone else do so.
• Post Content that is false, misleading, defamatory, obscene, harassing, discriminatory, threatening or infringing.
• Impersonate anyone or misrepresent your connection to a place or person.
• Access or try to access any place, account, data or system you aren't authorized to use, or share check-in information with anyone outside a stay.
• Use bots, scrapers or automated tools to access the Services, collect data or create accounts.
• Copy, modify, reverse engineer, decompile or create derivative works of the Services, or try to extract their source code.
• Interfere with the Services, including by overloading them, introducing malware, or bypassing security, rate limits or a paused place.
• Use the Services to send spam, or export members' contact details for any purpose other than running your place.
• Resell, sublicense or offer the Services to others as your own product.
• Use the Services in a way that could harm us, other users or the public.

10. Our intellectual property

The Services, including the software, design, text, graphics, the Stayside name and logo, and everything else we provide, are owned by Stayside or our licensors and protected by intellectual property laws. We grant you a limited, revocable, non-exclusive, non-transferable license to use the Services for their intended purpose under these Terms. We reserve all other rights.

11. Third-party services

The Services use third-party providers, including Stripe for payments, and may link to other sites. We're not responsible for third-party services or sites, and your use of them is governed by their own terms. Stripe's terms apply to all payments.

12. Privacy

Our Privacy Policy explains what we collect and how we use it. Managers may see personal information about members of their place, and members may see information other members share. Each user is responsible for how they use information about others.

13. Term and termination

• These Terms apply from the moment you first use the Services until your account is closed.
• You can stop using the Services any time. To close your account, write to support@stayside.net. Managers can delete a place in its settings, which deletes its Content for all members.
• We may suspend or close your account, or remove any place or Content, at any time if we believe you've broken these Terms, created risk or legal exposure for us or others, or if we discontinue the Services. Where reasonable, we'll give notice.
• After closure, we may delete your Content. Backups are cleared on their normal schedule. We have no obligation to keep or return Content after closure, so export what you need first.
• Sections that by their nature should survive closure do, including 6, 8 (license for backups), 10 and 15 through 19.

14. Changes to the Services and these Terms

• We may change, add to, limit or discontinue any part of the Services at any time. Features marked beta, preview or similar may change or be withdrawn without notice.
• We may update these Terms. For significant changes, we'll give notice by email or in the Services at least 14 days before they take effect, unless the change is needed sooner for legal or security reasons. Using the Services after a change takes effect means you accept the updated Terms. If you don't accept them, stop using the Services and close your account.

15. Disclaimers and assumption of risk

The Services are provided "as is" and "as available," without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, title and non-infringement. We don't warrant that the Services will be uninterrupted, secure, error-free or free of harmful components, that data will be preserved, or that any Content is accurate. We make no warranty about any place, user, stay or arrangement between users.

You're responsible for keeping your own copies of anything you can't be without, including door codes and travel details.

Assumption of risk. Staying at or sharing a home carries inherent risks, including injury, property damage, theft and loss. Stayside doesn't inspect places or screen users. You assume all risks arising from any stay, from sharing access to a place, and from your interactions with other users, whether online or in person.

Some jurisdictions don't allow certain disclaimers, so some of the above may not apply to you.

16. Limitation of liability

To the fullest extent permitted by law:

• Stayside and its owners, employees, contractors and agents will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, revenue, data, goodwill or use, arising from or related to these Terms or the Services, even if we've been told such damages are possible.
• We will not be liable for anything that happens at a place, for any stay, for the conduct or Content of any user, for unauthorized access to a place or account, or for the acts of third-party services.
• Our total liability for all claims arising from or related to these Terms or the Services is limited to the greater of (a) the amounts you paid us in the 12 months before the event giving rise to the claim, and (b) $100.

These limits apply under every legal theory, including contract, tort, negligence and statute, and even if a remedy fails of its essential purpose. Some jurisdictions don't allow some of these limits, so some may not apply to you.

17. Dispute resolution and arbitration

Please read this section carefully. It requires you to arbitrate disputes with Stayside and limits how you can seek relief.

• Talk to us first. Before starting any formal proceeding, you agree to email support@stayside.net with a description of the dispute and what you want. We'll do the same if we have a claim against you. If we can't resolve it within 60 days, either side may proceed as described below.
• Binding arbitration. Except as noted below, any dispute, claim or controversy arising from or relating to these Terms or the Services, including its existence, breach, termination, enforcement, interpretation or validity, and whether arbitration applies, will be resolved by binding individual arbitration run by the American Arbitration Association under its Consumer Arbitration Rules. The arbitration will take place in Fulton County, Georgia, by video or phone, or by written submissions, as the rules allow. The arbitrator's decision is final and may be entered as a judgment in any court with jurisdiction. The Federal Arbitration Act governs this section.
• Exceptions. Either side may bring an individual claim in small claims court if it qualifies, or seek a court order to stop unauthorized use of the Services or infringement of intellectual property.
• No class actions. You and Stayside each agree to bring claims only individually, not as a plaintiff or class member in any class, consolidated or representative action. The arbitrator can't combine claims of more than one person or award relief that affects anyone other than the parties. If this waiver is found unenforceable for a particular claim, that claim must be brought in court, not arbitration.
• Jury waiver. To the extent any claim proceeds in court, you and Stayside waive any right to a jury trial.
• Opt-out. You can opt out of this arbitration agreement by emailing support@stayside.net within 30 days of first accepting these Terms, with your name, account email and a clear statement that you opt out. Opting out doesn't affect any other part of these Terms.
• Costs. Fees are allocated under the AAA rules. If the arbitrator finds a claim frivolous, they may award costs and fees against the party who brought it.
• Time limit. Any claim must be brought within one year after it arises, or it's permanently barred, unless the law requires a longer period.

18. Indemnification

To the extent the law allows, you agree to defend, indemnify and hold harmless Stayside and its owners, employees, contractors and agents from any claim, liability, damage, loss and expense, including reasonable legal fees, arising from or related to: (a) your Content; (b) your use of the Services; (c) your breach of these Terms; (d) any place you manage, any stay, or anything that happens at a place; (e) your violation of any law or third-party right, including tax obligations; or (f) your interaction with any other user. We may take over the defense of any matter subject to indemnification, and you agree to cooperate.

19. General

• Governing law. These Terms are governed by the laws of the State of Georgia and the United States, without regard to conflict-of-law rules. For anything not subject to arbitration, you agree to the exclusive jurisdiction of the state and federal courts in Fulton County, Georgia.
• Entire agreement. These Terms, with the Privacy Policy and the Refunds and cancellation policy, are the entire agreement between you and Stayside about the Services and replace any earlier agreements.
• Severability. If any part of these Terms is found unenforceable, the rest stays in effect, and the unenforceable part is replaced with an enforceable one that comes closest to its intent.
• No waiver. If we don't enforce a provision, we can still enforce it later.
• Assignment. You can't transfer these Terms or your account. We may assign them in connection with a merger, acquisition, sale of assets or by law.
• Force majeure. We're not liable for delays or failures caused by events beyond our reasonable control, including outages of third-party services, internet failures, natural disasters, government actions or labor disputes.
• Notices. We'll send notices to the email on your account. Notices to us go to support@stayside.net.
• Electronic agreement. You agree that these Terms and any notices may be provided electronically, and that clicking to accept, creating an account, or using the Services is your signature.
• No third-party beneficiaries. These Terms don't create rights for anyone other than you and Stayside.
• Headings are for convenience only and don't affect interpretation.

20. Contact

Questions about these Terms: support@stayside.net. Stayside is run by JW Creative LLC, Atlanta, Georgia.