Terms of Service

Last Updated: July 1, 2025

1. Acceptance of Terms

Please read these Terms of Service (“Terms”) carefully. By signing up for, accessing, or using ChargeAutomation’s website, platform, and services (collectively, the “Service”), you (“Customer” or “you”) agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use the Service. These Terms form a binding agreement between you and ChargeAutomation (hereinafter “ChargeAutomation”, “we”, “us” or “our”). We may require you to agree to additional terms for specific features, which will become part of your agreement with us.

2.Modification of Terms

ChargeAutomation reserves the right to modify these Terms at any time in accordance with this provision. If we make material changes, we will provide notice via the Service or by email at least 15 days before the updated Terms take effect, unless a shorter period is required by law. Your continued use of the Service after any update constitutes acceptance of the revised Terms. If you do not agree to the changes, you should stop using the Service before the new Terms take effect.

3.Description of Services

ChargeAutomation provides an all-in-one guest experience platform for hospitality businesses such as short-term rental hosts, property managers, and hotels. Our Service includes a suite of tools and features designed to streamline operations and enhance the guest stay, including but not limited to:

• Contactless Online Check-In & Guest Registration: Tools to collect pre-arrival guest information, including IDs/passports, selfies for identity verification, digital signatures on rental agreements, and custom questionnaire responses, enabling a frictionless, paperless check-in process. This may include integrated smart lock access codes for guests (via third-party smart lock systems) to facilitate self check-ins.
• Payment Collection Automation: Secure payment processing features to automate the collection of reservation payments (e.g. booking fees, balances due) and security/damage deposits from guests. The Service integrates with over 120+ global payment gateways and methods (e.g. Stripe, PayPal, Authorize.net, etc.) to let guests pay in their preferred way. Pre-authorized payment holds can be placed for security deposits without immediately charging the card. All payment processing is PCI-DSS compliant and designed with chargeback fraud protection measures to reduce the risk of disputed charges.
• Upselling and Add-On Services: Functionality to offer and manage upsells or extra services to guests during the pre-check-in stage (for example, early check-in or late checkout fees, room upgrades, airport pickups, parking, tours, etc.). You can create personalized offers, and the platform will present them to guests prior to arrival, with charges collected automatically if accepted.
• Digital Guest Guidebooks & Communication: The ability to create smart digital guidebooks containing property information, house rules, local recommendations, and interactive content for your guests. These guidebooks may include built-in chat or messaging features for real-time communication with guests, ensuring they have essential info and support in one place. We also enable automated messaging like pre-check-in reminders or post-stay thank-you notes. (Please note that while we facilitate guest communications, we do not operate as a telecommunications service; message delivery is not guaranteed, see Section 10.)
• Integrations with Third-Party Systems: ChargeAutomation integrates with a broad range of Property Management Systems (PMS) and Online Travel Agencies (OTAs)/Booking channels (60+ PMS integrations and 50+ OTA/channel integrations). This allows synchronization of reservation data (e.g. guest details, booking dates, payments) between our Service and external booking platforms like Airbnb, Vrbo, Booking.com, etc. We also integrate with third-party services for identity verification (such as biometric ID check providers) and other tools to enhance our features.

By using the Service, you understand that ChargeAutomation’s role is to provide software tools to facilitate these functions. We do not operate as a travel agency, payment gateway, or insurer, and we do not assume the duties of a property manager or host beyond providing the software service. The specific services and features available to you will depend on the plan and modules you subscribe to, and may be updated from time to time.

4. Account Registration and Eligibility

You must register an account to access the Service. Account Information: When registering, you agree to provide accurate, current, and complete information about yourself and (if applicable) your business. If your information changes, you must promptly update your account details. Each account is intended for use by the single Customer (and its authorized team members). You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. Authorized Users: If you invite or allow others (such as employees or agents) to use the Service under your account, you are responsible for their actions and compliance with these Terms. We may impose limits on the number of users or require each user to have separate credentials. You must notify us immediately of any unauthorized access or use of your account.

Business Use Warranty: By using the Service, you represent that you are using it for business or professional purposes (managing hospitality accommodations) and not as a consumer for personal, household use. The Service is intended for professional hosts/property managers; we do not offer consumer accounts. You also represent that you are at least 18 years old (or the age of legal majority in your jurisdiction) and have the authority to enter into these Terms.

We reserve the right to suspend or terminate your account if we believe (in our sole discretion) that: (a) you have provided inaccurate or incomplete registration information; (b) you or any user of your account has violated these Terms or engaged in fraudulent or unlawful behavior; or (c) such suspension/termination is needed to comply with legal requirements or protect our rights. We may also refuse to open an account or provide the Service for any reason, to the extent permitted by law.

5. Fees, Subscription, and Payment Terms

5.1 Service Fees: Use of ChargeAutomation is subject to payment of fees. You agree to pay all applicable subscription fees, transaction fees, or other charges as specified in your plan or order form. Fees and pricing are either set forth on our website or in a separate written agreement or sales contract between you and ChargeAutomation (“Agreement”). If certain fees are not specified, you will be charged according to our standard price list in effect at that time. All fees are stated and payable in U.S. Dollars (USD) unless otherwise agreed.

5.2 Billing and Payment: Unless otherwise agreed, fees are billed on a recurring monthly basis in advance (or at the interval specified for your plan). By providing a payment method (such as a credit card or bank account info), you authorize us and our payment processor to charge the applicable fees using that method. You must ensure your payment information is accurate and updated. If we invoice you, payment is due within 14 days of the invoice date unless a different term is stated. You are responsible for any foreign transaction fees or charges imposed by your payment provider.

5.3 Auto-Renewal: Subscriptions will automatically renew at the end of each billing cycle (e.g., monthly or annually) unless you cancel your subscription before the renewal date. We will charge the then-current subscription fee to your authorized payment method on file upon renewal. If you wish to cancel or downgrade your plan, you must do so through your account settings or by contacting us in advance of renewal.

5.4 Changes in Fees: ChargeAutomation may change the fees or introduce new charges with at least 14 days’ prior notice to you (e.g., by email or via the Service). If you do not agree with the new fees, you may terminate your subscription by providing written notice at least 5 days before the changes take effect. Continued use of the Service after the effective date of a fee change will constitute your consent to the changed fees.

5.5 Taxes: Our fees do not include any applicable taxes (such as VAT, sales tax, GST, duties, or similar governmental charges). You are responsible for paying all such taxes associated with your purchases or use of the Service (excluding taxes on our income). If we are required to collect taxes, we will add them to the amounts billed to you. You are solely responsible for any required filings and compliance with tax laws related to your use of the Service, your properties, and income you generate from rentals.

5.6 Late Payments: If any fee is not paid by the due date, it will be considered overdue. We may charge interest on overdue amounts at the rate of 0.75% per month (or the highest rate permitted by law), calculated from the due date until full payment. In the event of late payment, we reserve the right to suspend your account or access to the Service until all overdue amounts (including any interest) are paid. You will be responsible for our costs of collection of overdue fees, including reasonable attorneys’ fees and other legal expenses.

5.7 No Refunds: Except as expressly provided in these Terms or required by law, fees are non-refundable. This includes if you cancel the Service or terminate your account before the end of a billing period – you will not receive a prorated refund for the remaining period. Additionally, credits or refunds will not be issued for any unused features or services, or for periods of inactivity on your account.

6. License to Use the Service and Intellectual Property

6.1 License Grant: Subject to your compliance with these Terms and payment of all applicable fees, ChargeAutomation grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes of managing hospitality operations. This license allows you to use our web-based platform and any associated software or documentation (“Documentation”) only as permitted by these Terms. No implied licenses are granted; we reserve all rights not expressly granted hereunder.

6.2 Intellectual Property: All rights, title, and interest in and to the ChargeAutomation Service (including software, databases, algorithms, user interfaces, templates, and proprietary information), the website, and all content provided by us (excluding Customer Data, defined below) are and will remain the exclusive property of ChargeAutomation and its licensors. The ChargeAutomation platform and materials are protected by copyright, trade secret, trademark, and other intellectual property laws. You may not remove or alter any copyright, trademark or other proprietary notices in the Service or Documentation. Using our Service does not grant you ownership of any intellectual property rights in the Service or related content.

6.3 Restrictions: You agree not to, and not to allow any third party to: (a) copy, modify, distribute, sell, lease, sublicense, or improperly export any part of the Service or Documentation; (b) reverse engineer, decompile or attempt to extract the source code or underlying ideas or algorithms of any part of the Service (except to the limited extent such restriction is prohibited by applicable law); (c) use the Service to build a competing product or service, or copy any features, functions or graphics of the Service for competitive purposes; (d) use or launch any automated system (such as “robots” or “scrapers”) to access the Service for data extraction or similar purposes, except as may be expressly permitted by us; or (e) exploit the Service in any unauthorized or unlawful manner. We reserve the right to terminate your use of the Service for any violation of these restrictions.

6.4 ChargeAutomation Marks: The ChargeAutomation name, logo, and all related product or service names are trademarks of ChargeAutomation. We grant you a limited, non-exclusive right to use the ChargeAutomation name and logo only as necessary to identify our Service when you use it (for example, you may include “Powered by ChargeAutomation” on check-in forms if provided by us). You may not register or use any trademarks or domain names that are confusingly similar to ours. All goodwill arising from use of ChargeAutomation marks will inure to our benefit.

7. Acceptable Use Policy

When using the Service, you agree to adhere to the following acceptable use requirements. You must not:

• Violations of Law: Use the Service in any way that violates any applicable laws or regulations, including but not limited to privacy laws, anti-spam laws, export control laws, or local short-term rental regulations. This includes refraining from any activity that would constitute a criminal offense or give rise to civil liability.
• Interference with the Service: Interfere with, disrupt, or impose an undue burden on the operation or security of the Service. For example, you may not attempt to disable or circumvent any security features or access controls of the platform, introduce any viruses or malicious code, or use the Service in a manner that degrades performance for other users.
• Unauthorized Access: Attempt to gain unauthorized access to any portion of the Service or its related systems or networks. You shall not impersonate any person or entity or misrepresent your affiliation with any person or entity while using the Service.
• Automated Use and Scraping: Use any automated means (such as bots, crawlers, or scrapers) to access the Service, collect data, or otherwise interact with the Service, except as may be allowed by an integration we expressly support. You also may not frame or mirror the Service (or any part of it) on any other site without our prior written authorization.
• Prohibited Content: Submit, upload, or transmit any content through the Service that: (i) infringes or misappropriates any third party’s intellectual property or privacy rights; (ii) is illegal, defamatory, harassing, obscene, hateful, or otherwise objectionable (including content that is pornographic or discriminatory); (iii) contains viruses, trojans, spyware, or other malicious components; or (iv) constitutes unsolicited bulk communications (“spam”) or pyramid schemes. You are responsible for all content that you or your agents post or provide in using the Service (for example, automatic messages to guests or terms and conditions you upload for guests to accept), and you must ensure such content complies with the above standards.

ChargeAutomation may monitor use of the Service for compliance (consistent with our Privacy Policy) and reserves the right to suspend or terminate your access if you violate the above requirements or any other provision of these Terms. We may also remove or disable access to any content that violates these rules. If you become aware of misuse of the Service or any content that you believe violates this Acceptable Use Policy, please contact us.

8. Customer Data and Privacy

8.1 Customer Data: In using the Service, you and your users may submit, upload, or generate data, content, and materials to the platform (“Customer Data”). This may include information about your properties and bookings, details about your guests (such as names, contact information, identification documents), transaction records, messages, images, and other materials. You retain ownership of your Customer Data. We do not claim ownership over the content you provide through the Service. However, by submitting Customer Data, you grant ChargeAutomation a worldwide, royalty-free license to use, host, copy, transmit, and display your Customer Data solely for the purpose of providing and improving the Service and as otherwise permitted by these Terms. This includes the right for us to process data and perform automated operations on it (e.g., to generate forms, charge payments, etc.). We will only use personal data within Customer Data as allowed in Section 8.2 (Data Processing) and in our Privacy Policy.

You control what Customer Data you submit to the Service and you are responsible for ensuring that: (a) you have all necessary rights and consents to provide the Customer Data to ChargeAutomation for processing as contemplated by these Terms; and (b) none of the Customer Data (nor our use of it) will violate any law or infringe the rights of any third party (for example, you should not upload content that you do not have permission to use, or personal information of guests that you are not authorized to share). We are not responsible for any Customer Data that you or your users provide. Inaccurate or unlawful data: You represent and warrant that all Customer Data is true, accurate, and lawful to collect and share. You agree not to use the Service to store or transmit any sensitive personal data that is not needed for the guest stay or that would require special handling under applicable laws (e.g., personal health information, payment card details outside our provided secure forms, etc.), unless we have expressly agreed to handle such data.

8.2 Personal Data Processing (GDPR Compliance): To the extent Customer Data includes personal data about individuals (such as guests), the parties acknowledge that you are the “Data Controller” and ChargeAutomation is acting as a “Data Processor” on your behalf, as those terms are defined under the EU General Data Protection Regulation (GDPR) and similar data protection laws. ChargeAutomation will process personal data only for the purpose of providing the Service and in accordance with your instructions as set out in these Terms and your use of the Service. You instruct ChargeAutomation to process such personal data to provide you with and improve the Service. We will not use personal data for any other purposes except as permitted in these Terms, our Privacy Policy, or as required by law. We will maintain appropriate technical and organizational measures to protect personal data against unauthorized or unlawful processing and against accidental loss or damage, as required by Article 32 of GDPR and similar laws. ChargeAutomation is 100% GDPR-compliant in its handling of guest data, and will assist you with reasonable requests to fulfill individuals’ data rights (such as access, correction, or deletion requests) to the extent you cannot fulfill them via the Service. Our [Privacy Policy] and, if applicable, our Data Processing Addendum (“DPA”) are incorporated by reference into these Terms, and provide more details on how we process personal data. In the event of any conflict between these Terms and the DPA (if executed between us), the DPA will prevail with regard to our handling of personal data.

8.3 Customer’s Data Responsibilities: You are solely responsible for complying with all data protection, privacy, and security laws applicable to the personal data you collect and provide to the Service (including obtaining any necessary consents from guests to process their data). For example, if you are subject to GDPR, you must ensure that you have a valid legal basis to collect and process your guests’ personal data and that you inform them of such processing. You agree to indemnify us for any claims or penalties arising from your instructions to ChargeAutomation or your failure to comply with your obligations as a data controller. (See Section 12 below.) You further represent that any personal data you submit has been collected in compliance with applicable law and that you have provided all necessary notices and obtained necessary consents for ChargeAutomation to process that data on your behalf. ChargeAutomation will not be liable for any consequences resulting from your failure to fulfill your data protection obligations.

8.4 Data Retention and Deletion: Upon termination of your account or upon your request, we will delete or return personal data in your Customer Data that we process as a Data Processor, except to the extent we are required by law to retain it or for legitimate business purposes that are permitted (for example, keeping logs of transactions for financial reporting, or if the data is needed for establishment or defense of legal claims). We reserve the right to anonymize any data you leave behind (such that it no longer identifies any individual or you) and to use such anonymized information for our business purposes. When we aggregate or anonymize data, it will no longer be considered Customer Data, and we will own the resulting data compilations. As between you and us, all right, title, and interest in aggregated/anonymized data belong to ChargeAutomation.

8.5 Confidentiality of Data: We consider your Customer Data (especially any personal information about you or your guests) to be your confidential information. We will not disclose it to any third party except as needed to provide the Service (for example, transmitting payment details to a payment gateway, or providing guest data to an integrated PMS as directed by you) or as otherwise permitted by these Terms, our Privacy Policy, or as required by law or an order of a governmental authority. We also require any subprocessors that handle personal data (e.g., cloud hosting providers, email delivery services, identity verification providers) to implement appropriate safeguards and only process data for the purposes we specify.

8.6 Data Security: ChargeAutomation takes security seriously. We implement administrative, physical, and technical safeguards to protect Customer Data, including encryption of sensitive data in transit and at rest (such as payment information), regular backups, and access controls. However, you acknowledge that no data transmission or storage system can be guaranteed 100% secure. Account Security Measures: You are responsible for maintaining the security of your account credentials. We recommend that you use strong passwords and enable any available two-factor authentication. Security Incidents: If we become aware of a data breach that affects the security of your Customer Data, we will notify you without undue delay and provide information regarding the breach as required by law (taking into account any measures necessary to determine the scope of the breach and restore reasonable data security). It is your responsibility to notify affected data subjects or regulators as required by your own legal obligations; however, we will assist you with information and cooperation as reasonably needed for you to comply with breach notification requirements, in accordance with Article 33-34 GDPR and similar laws.

9. Confidentiality

Beyond personal data, which is addressed in Section 8, the parties may exchange other Confidential Information in the course of using the Service. “Confidential Information” means any non-public information disclosed by one party to the other that is designated as confidential or that should reasonably be understood to be confidential given the nature of the information and the circumstances of disclosure. For example, your Confidential Information may include private details of your business operations, guest lists, or financial information, and our Confidential Information may include non-public aspects of our software, pricing, product roadmaps, or security designs.

Each party (the “Receiving Party”) agrees to use the Disclosing Party’s Confidential Information only for the purposes of fulfilling this agreement and providing or using the Service, and not for any other purpose. The Receiving Party shall not disclose or make available Confidential Information to any third party, except to its own employees or subcontractors who need to know it to perform under these Terms and who are bound by confidentiality obligations at least as protective as these. The Receiving Party will protect the Disclosing Party’s Confidential Information with the same degree of care it uses to protect its own confidential information of a similar nature, and at least a reasonable standard of care.

Confidential Information does not include any information that: (a) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party; (b) was independently developed by the Receiving Party without use of or reference to the Confidential Information; (c) is obtained from a third party who had the right to disclose it without breach of any confidentiality obligation; or (d) was already in the possession of the Receiving Party without an obligation of confidentiality prior to disclosure.

If the Receiving Party is required by law, regulation, or court order to disclose Confidential Information, it may do so only to the extent legally required, provided that it gives prompt written notice (if legally permitted) to the Disclosing Party and cooperates in any effort to obtain a protective order or confidential treatment. The duty of confidentiality will survive the termination of these Terms for a period of five (5) years from the date of disclosure, or indefinitely with respect to any trade secrets.

10. Disclaimers of Warranties

Use “As-Is”: The ChargeAutomation Service and all related features are provided to you “AS IS” and “as available”, without warranty of any kind. To the maximum extent permitted under applicable law, we expressly disclaim all warranties and conditions, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade. We do not guarantee that the Service will meet your specific requirements, achieve any particular results, or operate without interruption or error.

Feature Availability: We make no warranty that the Service will be uninterrupted, timely, secure, or error-free, or that any information (including Customer Data) provided through the Service is accurate or reliable. While we strive for high availability, you acknowledge that the Service may be occasionally unavailable for scheduled maintenance, upgrades, or due to emergency outages. We will endeavor to provide advance notice of any scheduled maintenance downtime. We are not responsible for any issues arising from unavailability or delays of the Service.

External Systems: ChargeAutomation is not responsible for any problems caused by factors outside of our control, including but not limited to: (a) errors in your equipment, internet connection, or any third-party hardware or software you use; (b) issues arising from your failure to follow instructions or operate the Service in accordance with these Terms and our documentation; or (c) outages or failures of third-party services or systems that the ChargeAutomation Service relies on or integrates with (such as your Property Management System, booking channels, payment gateways, identity verification services, email providers, smart lock systems, etc.). For example, if a booking channel or API provider experiences downtime or returns incorrect data, ChargeAutomation is not liable for resulting errors (such as double bookings or missed communications).

No Guarantee of Results: You acknowledge that while the Service is designed to improve efficiency (e.g., saving time per reservation or increasing upsell revenue), individual results may vary. We do not guarantee any specific business performance outcomes such as occupancy rates, revenues, savings, or guest satisfaction improvements.

No Emergency Use: You agree not to use the Service for any purpose where the failure of the Service could lead to serious harm or death, such as emergency communications or life safety systems. The Service is a convenience tool for hospitality management and not certified for emergency response or critical communications.

Beta Features: If we release features labeled as “beta,” “pilot,” or “evaluation,” those features are still in testing and provided without any warranty whatsoever. Such features may be unstable or changed at our discretion. By using any beta features, you acknowledge that they are experimental and accept the risks.

Legal Compliance: While ChargeAutomation provides tools (like sample rental agreement templates or ID collection) to assist you, we do not provide legal advice. You are solely responsible for ensuring that your use of the Service (including your configuration of forms, agreements, fees, and communications with guests) complies with all laws and regulations applicable to you and the properties you manage. ChargeAutomation disclaims any warranty that use of the Service will ensure compliance with any specific law or regulation (including GDPR, short-term rental ordinances, tax requirements, etc.). If you have questions regarding legal compliance, you should consult a professional advisor.

Google Maps and Third-Party Content: Some features of the Service may include content or components provided by third parties. For example, our check-in form might display a Google Map of the property location for the guest’s convenience. Your use of Google Maps/Earth within the Service is subject to Google’s Maps/Google Earth Additional Terms of Service. Likewise, if our Service surfaces any third-party content (such as currency exchange rates, address lookups, or external links), it is provided “as is” for convenience and we make no warranties regarding its accuracy.

Consumer Rights: If you are using the Service in a jurisdiction that does not allow the exclusion of certain warranties, some of the above disclaimers may not apply to you. In such cases, our warranties are limited to the minimum extent permitted by applicable law.

11. Limitation of Liability

To the fullest extent permitted by law, in no event will ChargeAutomation or its affiliates, officers, employees, or agents be liable to you or any third party for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, goodwill, or business opportunities, arising out of or related to the Service or these Terms, whether in contract, tort (including negligence), strict liability or any other legal theory, even if we have been advised of the possibility of such damages. ChargeAutomation shall not be liable for any damages for the cost of procurement of substitute services, interruption of business, or any matters beyond our reasonable control.

Cap on Liability: In any case, our total aggregate liability to you for any claim arising from or related to the Service or these Terms will not exceed the amount of fees actually paid by you to ChargeAutomation for the Service in the three (3) months immediately preceding the event giving rise to the claim. If you have paid no fees (for example, using a free plan), our liability will be limited to USD $100. This limitation applies collectively to all claims and causes of action, including breach of contract, breach of warranty, negligence, strict liability, misrepresentations, or other torts.

Exceptions: Nothing in these Terms limits or excludes liability for gross negligence, willful misconduct, or fraud by ChargeAutomation, or for any liability that cannot be excluded or limited under applicable law (such as death or personal injury caused by our negligence, or statutory liability under certain laws).

You acknowledge that the fees paid for the Service reflect the allocation of risk set forth in this agreement and that we would not have entered into this agreement and provided the Service without these liability limitations.

12. Indemnification

You agree to indemnify, defend, and hold harmless ChargeAutomation, its parent, affiliates, and their respective officers, directors, employees, and agents (the “Indemnified Parties”) from and against any and all claims, demands, lawsuits, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Service in violation of these Terms or applicable law; (b) any Customer Data or content you or your users submit to the Service, including claims that such content infringes or misappropriates third-party rights or that collecting or processing it via the Service violates any law; (c) your rental activities and interactions with guests (ChargeAutomation is not a party to your agreements with guests, and we will not be responsible for disputes, injuries, or damages arising from the rental of your property); and (d) any third-party claims arising from your or your authorized users’ gross negligence or willful misconduct.

For example, if a third-party (such as a guest, booking platform, or regulator) brings a claim against us related to your use of the Service – such as an allegation that you used the Service to unlawfully process someone’s personal data or that your guest suffered harm due to your property conditions – then, to the extent that claim is not due to our own breach or fault, you agree to indemnify the Indemnified Parties for any resulting liability. Similarly, you will indemnify and hold us harmless from any fines or penalties imposed due to your failure to obtain necessary consents or adhere to data protection laws when using our Service.

We reserve the right to assume the defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with us in asserting any available defenses. This obligation survives termination of your account or these Terms.

13. Term and Termination

13.1 Term: These Terms are effective as of the date you first accept them (for instance, by clicking “I Agree” or by using the Service) and will remain in effect until terminated by either party as permitted below. Your subscription plan may have an initial term (e.g., one year) and renew as described in Section 5.3, but these overarching Terms apply as long as you have an account or use the Service.

13.2 Termination by You: You may terminate your Agreement with ChargeAutomation and close your account at any time for any reason by providing us written notice (or by using any account cancellation feature in the Service, if available). If you terminate in the middle of a billing period, note that (as per Section 5.7) you will generally not receive a refund for the unused portion. After termination, you must cease all use of the Service.

13.3 Suspension or Termination by Us: We may suspend your access to the Service or terminate these Terms (and your account) upon written notice to you if: (a) you materially breach any provision of these Terms and fail to cure the breach within 7 days after we notify you (for example, failure to pay overdue fees after a reminder, or continued violation of the Acceptable Use Policy); (b) you cease your business operations or become subject to insolvency proceedings and the proceedings are not dismissed within 60 days; or (c) we determine that your use of the Service violates any applicable law or regulation or is causing immediate, material harm to our infrastructure or other users (in which case we may suspend or limit your use immediately without notice). In addition, we may terminate these Terms for convenience if we decide to discontinue the Service or a significant portion of it. In such case, we will provide you as much prior notice as reasonably practicable.

13.4 Effects of Termination: Upon any termination of these Terms, (i) your license to use the Service will end and we may immediately deactivate or delete your account and all associated data, except as otherwise provided in Section 8.4 (Data retention) or our Privacy Policy; (ii) any amounts you owe to ChargeAutomation for use of the Service through the termination date will become immediately due and payable; and (iii) Sections 6.2, 8, 9, 10, 11, 12, 13.4, and 14–15 of these Terms (and any other provision which by its nature should survive) shall survive termination and remain in effect.

We will not be liable to you or any third party for compensation, reimbursement, or damages of any sort as a result of terminating your access to the Service in accordance with these Terms, including for any loss of your Customer Data or for anticipated profits or business opportunities. It is your responsibility to maintain backup copies of your data outside the Service for your own records.

14. Third-Party Services and Integrations

14.1 Booking Channels and PMS Integrations: ChargeAutomation provides integrations with third-party booking channels (OTAs) and property management systems to automate the import and synchronization of data (e.g., reservations, listings, and guest information). You acknowledge that these Third-Party Services are beyond our control. You are responsible for maintaining active accounts with any Third-Party Channels/PMS that you connect to ChargeAutomation, and for complying with those third parties’ terms of service. We are not responsible for errors or outages caused by Third-Party Services. For example, if a booking platform (Airbnb, Vrbo, etc.) changes its API, experiences downtime, imposes account restrictions, or provides incorrect data, ChargeAutomation is not liable for any resulting loss of data, double bookings, lost reservations or revenue, or other issues. It is your responsibility to monitor your external accounts and ensure the integrations remain active (e.g., reconnecting if you change passwords or if the channel revokes access). ChargeAutomation may disconnect or disable integrations that appear to be causing errors or if required by the third-party provider.

14.2 Third-Party Service Providers: Some features of the Service rely on third-party service providers or datasets, such as identity verification vendors, credit card payment gateways, smart lock platforms, mapping services, email/SMS delivery providers, and others. ChargeAutomation does not endorse or assume any responsibility for third-party service providers and makes no representation as to their qualifications or the accuracy of the data they provide. Any engagement or exchange of data between you and a third-party provider (for example, a background check on a guest or a payment transaction processed through Stripe) is solely between you and that provider. While we may facilitate the integration, you are responsible for complying with any third-party terms (e.g., Stripe’s terms for payment processing, or the terms of any identity verification API). We are not liable for the acts or omissions of third-party providers or any issues attributable to them.

14.3 Payment Processing: Payment processing services utilized by ChargeAutomation (to collect payments from guests or to transfer funds to you) are provided by third-party payment processors. These services are provided on an “as-is” and “as-available” basis, without any warranties. **ChargeAutomation is

ChargeAutomation is not liable for any errors, payment disputes, chargebacks, security breaches, or other issues arising from the payment processing services.com. You are solely responsible for ensuring that all payment transactions comply with the booking channel’s rules and applicable law (e.g., if certain platforms prohibit off-platform payments, you must not violate those rules). Any transaction fees charged by payment processors (e.g., credit card processing fees) are your responsibility unless explicitly stated otherwise. We may, at our discretion, deduct or hold back amounts (such as anticipated chargebacks or refunds) if necessary to comply with payment processor requirements or to mitigate fraud.com. Taxes on payments: You are responsible for determining, collecting, and remitting any taxes (such as occupancy taxes or VAT on accommodation) related to payments collected through our Service, as described in Section 5.5 and Section 8.3.

14.4 Third-Party Websites and Content: The Service or communications from ChargeAutomation may contain links to third-party websites or resources (for example, a help article might link to an external site for further reading). ChargeAutomation is not responsible or liable for the availability or accuracy of such external sites, or the content, products, or services on or available from them. Links to third parties do not imply any endorsement by ChargeAutomation. If you choose to access any third-party site or service, you do so at your own risk, and you may be subject to their terms and conditions.

14.5 Third-Party Open Source: The software components of our Service may include open-source software libraries, which remain subject to their own licenses. Please refer to our documentation or contact us for a list of open-source components and their licenses if needed. Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms of any applicable open-source software license.

15. Governing Law and Dispute Resolution

15.1 Governing Law: These Terms and any disputes arising out of or relating to these Terms or the Service will be governed by and construed in accordance with the laws of the State of New York, USA, regardless of conflict of laws principles that would result in the application of the laws of any other jurisdiction.com.com. If you reside or are established outside of the United States, you agree that the Uniform Commercial Code or international treaties (such as the U.N. Convention on Contracts for the International Sale of Goods) do not apply to this Agreement. Notwithstanding the foregoing, you and ChargeAutomation agree that privacy and data protection laws applicable to you (such as GDPR or other local data laws) may apply to the personal data processed under these Terms, and nothing in this section shall limit rights or obligations under such laws.

15.2 Binding Arbitration: Any dispute, claim, or controversy arising out of or relating to these Terms or the use of the Service that cannot be resolved informally shall be settled by binding arbitration on an individual basis. You and ChargeAutomation agree to waive the right to a trial in court (before a judge or jury) and instead submit all eligible claims to arbitration. The arbitration will be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, and if the parties agree, the arbitration may be conducted by telephone, video conference, or solely based on written submissions, without the need for in-person appearances.com. The Federal Arbitration Act (9 U.S.C. §1 et seq.) and federal arbitration law will govern the interpretation and enforcement of this arbitration agreement.com.

15.3 Arbitration Procedure: The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity, including public injunctive relief if applicable. The arbitrator will issue a reasoned written decision. Arbitration Fees: Filing and administrative fees and arbitrator compensation will be governed by the AAA’s rules. We will split the arbitration fees with you 50/50, except that the arbitrator may require you to pay all fees if they find your claims to be frivolous or brought in bad faith.com.com. Each party is responsible for their own attorneys’ fees, unless the arbitrator awards otherwise or applicable law provides for recovery of attorneys’ fees.

15.4 Class Action Waiver: You and ChargeAutomation agree that any dispute resolution proceedings (whether in arbitration or court) will be conducted only on an individual basis and not as a class, collective, or representative action.com. The parties expressly waive the right to file or participate in a class action or seek relief on a class or representative basis. If this class action waiver is found unenforceable, then the entirety of the arbitration provision (Section 15.2 and 15.3) shall be null and void, and the dispute must be brought in a court of competent jurisdiction.

15.5 Small Claims and Injunctive Relief: Notwithstanding the above, either party may bring an individual claim in small claims court if it qualifies within that court’s jurisdiction. Also, either party retains the right to seek temporary injunctive relief in a court of law to prevent actual or threatened misuse of its confidential information or intellectual property, or to address an urgent matter (for example, to prevent unauthorized scraping of our Service or stop a data security breach), until the arbitration proceeding can be conducted. Additionally, ChargeAutomation may initiate legal action in a court of competent jurisdiction for the limited purpose of collecting any undisputed past due amounts you owe (i.e., for debt collection), since you agree that failure to pay is a material breach that may cause us irreparable harm.

15.6 Jurisdiction and Venue: Subject to the arbitration requirement above, you agree that any litigation between you and ChargeAutomation (other than small claims actions) will take place in state or federal courts located in New York, New York, and you consent to personal jurisdiction and venue in such courts. If you are a user of the Service in a country where this choice of New York law or forum would be unenforceable or unlawful, (for example, because you are a consumer in the EU), then the local mandatory law of your country might apply to such disputes, and this Section 15 will be construed to give maximum effect to its terms while complying with such local laws.

16. General Provisions

16.1 Entire Agreement: These Terms, along with any referenced policies (such as our Privacy Policy or Data Processing Addendum) and any applicable subscription Agreement or Order Form between you and ChargeAutomation, constitute the entire agreement between the parties concerning the Service, and supersede all prior or contemporaneous understandings or agreements, whether written or oral, regarding the same subject matter.com. In the event of a conflict between these Terms and any signed written Agreement between you and ChargeAutomation, the signed Agreement will control to the extent of the conflict.

16.2 Waiver: No failure or delay by either party in exercising any right under these Terms shall constitute a waiver of that right. Any waiver, amendment, or other modification of any provision of these Terms will be effective only if in writing and signed by an authorized representative of ChargeAutomation.com.

16.3 Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable by an arbitrator or court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible and the remaining provisions of these Terms will remain in full force and effect.com. The parties agree to negotiate in good faith a valid, enforceable substitute provision that most nearly effects the parties’ original intent.

16.4 Assignment: You may not assign or transfer these Terms, in whole or in part, nor delegate any of your rights or obligations hereunder, without our prior written consent. Any attempted assignment by you in violation of this provision is void. ChargeAutomation may freely assign or transfer these Terms (for example, in the event of a merger, acquisition, sale of assets, or by operation of law) or delegate any obligations to its affiliates or subcontractors, provided that such assignment will not relieve our obligations to you under these Terms. These Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

16.5 Force Majeure: Neither party will be liable for any delay or failure in performance (except payment obligations) due to causes beyond its reasonable control, such as natural disasters, acts of God, war, terrorism, labor disputes, governmental actions, failure of the internet or telecommunications, power outages, or pandemics. The affected party shall notify the other as soon as practicable and make reasonable efforts to resume performance. If a force majeure event lasts longer than 30 days, either party may terminate the affected Service by written notice without liability.

16.6 Relationship of Parties: The relationship between you and ChargeAutomation is that of independent contractors. Nothing in these Terms shall be construed to create a partnership, joint venture, franchise, or agency relationship. Neither party has the authority to bind the other or to incur any obligation on the other’s behalf.

16.7 No Third-Party Beneficiaries: These Terms are intended for the sole and exclusive benefit of the signatories and are not intended to benefit any third party. No third party may claim any rights under these Terms.

16.8 Export Compliance: The Service may be subject to export control and economic sanctions laws. You agree to comply with all such laws and not to export, re-export, or provide any part of the Service to prohibited countries or individuals, including those on any government denial list.

16.9 Notices: We may provide notices to you under these Terms by email to the address associated with your account, by regular mail, or through in-service notifications. You must ensure that your account email is current and you agree that sending a notice to that email address is an acceptable method of providing you with notice. You may send notices to ChargeAutomation by email at our support email address or by physical mail to our business address (as listed on our website). Electronic notices shall be deemed received 24 hours after being sent, unless the sending party is notified that the address is invalid (or, for in-app notices, at the time the user logs in and sees the notice). Postal notices shall be deemed received 5 business days after mailing (for domestic post) or 10 business days (if international).

16.10 Contact Information: If you have any questions or concerns about these Terms or the Service, you may contact ChargeAutomation at [email protected] (or through other support channels provided on our website). We value our users and will attempt to address your inquiry promptly. 

By using ChargeAutomation, you acknowledge that you have read, understood, and agree to these Terms of Service in their entirety. Thank you for trusting ChargeAutomation with your hospitality business needs, and we look forward to helping you streamline your operations and enhance your guest experiences.