Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Stay Orbis, LLC, a Maryland limited liability company ("Stay Orbis," "we," "us," or "our"), governing your access to and use of the Stay Orbis website located at stayorbis.com, the Stay Orbis software application, and all related services (collectively, the "Services").

By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you may not access or use the Services.

IMPORTANT: These Terms contain an arbitration agreement and class action waiver that affect your legal rights. Please read Section 15 (Dispute Resolution) carefully.

2. Eligibility and Account Registration

2.1 Eligibility

To use our Services, you must:

• Be at least 18 years of age;
• Have the legal capacity to enter into a binding contract;
• Not be prohibited from using the Services under applicable law;
• Provide accurate, current, and complete registration information.

2.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

• Create a strong, unique password;
• Not share your account credentials with any third party;
• Immediately notify us of any unauthorized access or security breach;
• Ensure you log out of your account at the end of each session.

Stay Orbis will not be liable for any loss or damage arising from your failure to comply with these security obligations.

3. Description of Services

Stay Orbis provides a cloud-based property management platform designed for vacation rental owners and managers. Our Services include, but are not limited to:

• Property listing and inventory management;
• Reservation and booking management;
• Channel management and distribution to third-party platforms;
• Guest communication tools;
• Financial reporting and accounting features;
• Dynamic pricing tools;
• Task and maintenance management;
• Direct booking website integration.

We reserve the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice.

4. Subscription Plans and Fees

4.1 Pricing

Access to certain features of the Services requires a paid subscription. Current pricing is available on our website at stayorbis.com/pricing. All prices are in United States Dollars (USD) unless otherwise stated.

4.2 Billing

Subscription fees are billed in advance on a monthly or annual basis, depending on your selected plan. You authorize us to charge your designated payment method for all applicable fees.

4.3 Automatic Renewal

Unless you cancel your subscription before the end of the current billing period, your subscription will automatically renew for the same term at the then-current rate. You may cancel auto-renewal at any time through your account settings.

4.4 Refund Policy

Subscription fees are generally non-refundable except as required by applicable law. However, if you cancel within 14 days of your initial subscription and have not substantially used the Services, you may request a full refund. Refund requests should be submitted to support@stayorbis.com.

4.5 Price Changes

We may change our prices at any time. Price changes will be communicated to you at least 30 days in advance and will take effect at the start of your next billing cycle.

5. User Responsibilities and Conduct

5.1 Lawful Use

You agree to use the Services only for lawful purposes and in compliance with:

• All applicable federal, state, and local laws, including Maryland law;
• All applicable regulations and industry standards;
• These Terms and any applicable policies we may publish.

5.2 Prohibited Conduct

You agree NOT to:

• Use the Services for any illegal or unauthorized purpose;
• Upload or transmit viruses, malware, or other harmful code;
• Attempt to gain unauthorized access to our systems or other users' accounts;
• Interfere with or disrupt the Services or servers;
• Scrape, data mine, or use automated means to access the Services without permission;
• Infringe upon the intellectual property rights of others;
• Harass, abuse, or harm other users;
• Submit false, misleading, or fraudulent information;
• Use the Services to send spam or unsolicited communications;
• Violate any applicable fair housing laws or engage in discriminatory practices.

5.3 Content Accuracy

You are solely responsible for the accuracy, completeness, and legality of all content, data, and information you submit through the Services, including property listings, rates, availability, and guest information.

6. Intellectual Property Rights

6.1 Stay Orbis Intellectual Property

The Services and all content, features, and functionality thereof, including but not limited to software, text, graphics, logos, icons, images, and audio/visual content, are owned by Stay Orbis or our licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

6.2 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes. This license does not include the right to:

• Modify, copy, or create derivative works of the Services;
• Reverse engineer, decompile, or disassemble any part of the Services;
• Remove or alter any copyright, trademark, or other proprietary notices;
• Sublicense, sell, rent, or lease the Services to any third party.

6.3 User Content

You retain ownership of any content you submit through the Services ("User Content"). By submitting User Content, you grant Stay Orbis a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display such content solely as necessary to provide the Services.

7. Third-Party Integrations

The Services may integrate with third-party platforms and services, including but not limited to Airbnb, Vrbo, Booking.com, Stripe, and various smart lock providers. Your use of such third-party services is subject to their respective terms and conditions. Stay Orbis is not responsible for the availability, accuracy, or functionality of third-party services.

8. Data and Privacy

8.1 Privacy Policy

Our collection and use of your personal information is governed by our Privacy Policy, available at stayorbis.com/privacy. By using the Services, you consent to our data practices as described therein.

8.2 Data Security

We implement commercially reasonable security measures to protect your data. However, no system is completely secure, and we cannot guarantee the absolute security of your information.

8.3 Data Breach Notification

In accordance with the Maryland Personal Information Protection Act (Md. Code, Com. Law § 14-3501 et seq.), we will notify affected users of any breach of security involving personal information as required by law.

9. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, STAY ORBIS DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
• WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE;
• WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE;
• WARRANTIES REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• STAY ORBIS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, including but not limited to loss of profits, revenue, data, business opportunities, or goodwill, arising out of or related to your use of the Services, regardless of the theory of liability and even if we have been advised of the possibility of such damages.
• OUR TOTAL AGGREGATE LIABILITY for any claims arising out of or related to these Terms or the Services shall not exceed the greater of: (a) the total fees you paid to Stay Orbis in the twelve (12) months preceding the claim, or (b) one hundred dollars ($100.00).

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so some of the above limitations may not apply to you. In such cases, our liability will be limited to the fullest extent permitted by applicable law.

11. Indemnification

You agree to indemnify, defend, and hold harmless Stay Orbis, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Services;
• Your violation of these Terms;
• Your violation of any applicable law or regulation;
• Your User Content;
• Your interactions with guests, vendors, or other third parties;
• Any claim that your use of the Services caused damage to a third party.

12. Term and Termination

12.1 Term

These Terms are effective upon your acceptance and remain in effect until terminated by either party.

12.2 Termination by You

You may terminate your account at any time through your account settings or by contacting us at support@stayorbis.com. Termination does not entitle you to a refund of any prepaid fees except as provided in Section 4.4.

12.3 Termination by Stay Orbis

We may suspend or terminate your access to the Services at any time, with or without cause, and with or without notice. Reasons for termination may include, but are not limited to:

• Violation of these Terms;
• Fraudulent, abusive, or illegal activity;
• Non-payment of fees;
• Extended periods of inactivity;
• Request by law enforcement or government agency.

12.4 Effect of Termination

Upon termination, your right to use the Services will immediately cease. You may request a copy of your data within 30 days of termination. After 30 days, we may delete your data without further notice. Sections that by their nature should survive termination will survive, including Sections 6, 9, 10, 11, and 15.

13. Modifications to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated to you via email or through a prominent notice on our website at least 30 days before they take effect. Your continued use of the Services after the effective date constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must discontinue use of the Services.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Maryland, without regard to its conflict of laws principles. The Maryland Consumer Protection Act (Md. Code, Com. Law § 13-101 et seq.) applies to transactions under these Terms to the extent required by law.

15. Dispute Resolution

15.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to contact us at legal@stayorbis.com to attempt to resolve any dispute informally. We will attempt to resolve disputes within 60 days of receipt of your notice.

15.2 Binding Arbitration

If informal resolution is unsuccessful, any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules. The arbitration shall take place in Baltimore, Maryland, or at another mutually agreed location.

15.3 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL 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 waive any right to a jury trial.

15.4 Exceptions

Notwithstanding the above, either party may seek injunctive relief in any court of competent jurisdiction to prevent the actual or threatened infringement or misappropriation of intellectual property rights.

16. General Provisions

16.1 Entire Agreement

These Terms, together with the Privacy Policy and any other agreements incorporated by reference, constitute the entire agreement between you and Stay Orbis regarding the Services and supersede all prior agreements and understandings.

16.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, severed from these Terms. The remaining provisions shall continue in full force and effect.

16.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

16.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

16.5 Force Majeure

Stay Orbis shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to natural disasters, acts of war or terrorism, labor disputes, government actions, or failure of third-party services.

16.6 Notices

We may provide notices to you via email, through the Services, or by posting on our website. Notices to Stay Orbis should be sent to:

17. Contact Information

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

• Email: legal@stayorbis.com
• Support: support@stayorbis.com
• Website: stayorbis.com/contact