Terms of Service

You are agreeing to the following terms when you sign up for GuestLink Services. By using GuestLink ("Service"), you ("Client") are agreeing to be bound by the following terms and conditions ("Terms of Service"). The Host Report, Inc. ("Company") reserves the right to update and change these Terms of Service at any time without notice. Violation of any of the terms below may result in the termination of your account.

Account Terms
The Client is responsible for maintaining the security of your account and password. The Company cannot and will not be liable for any loss or damage from Client's failure to comply with this security obligation.
The Client is responsible for all content posted and activity that occurs in the Client's account (even when content is posted by others who have their own logins under the Client's account).
The Client may not use the Service for any illegal purpose or to violate any laws in Client's jurisdiction (including but not limited to copyright laws)
The Client must provide a legal full name, a valid email address, and any other information requested in order to complete the signup process.
The Client may not use "bots" or other automated methods to sign up for the Service
The Client must use the Services in accordance with the Terms of Service for the Client's own internal business purposes and may not resell or make available the Services to any third party, or otherwise commercially exploit the Services
The Client and its personnel must not use, or misuse, the Services in any way which may impair the functionality of the Underlying Systems or impair the ability of any other user to use the Services; and must not attempt to view, access or copy any material or data other than that which the Client is authorized to access
The Client is responsible for procuring all licenses, authorizations and consents required for it and its personnel to use the Services, including to use, store and input data into, and process and distribute data through the Services. The Client acknowledges and agrees that to the extent data contains personal information, in collecting, holding and processing that information through the Services, the Company is acting as an agent of the Client for the purposes of any applicable privacy law. The Client must obtain all necessary consents from the relevant individual to enable the Company to collect, use, hold and process that information.
Email Marketing and Automated Sending
The Service includes automated email sending performed by the Company on the Client's behalf. This includes, without limitation: (a) a welcome email sent to a guest after the guest provides their contact information; (b) periodic newsletter emails containing information about the geographic area of the Client's property; and (c) emails designed to generate direct bookings with the Client. The Client appoints the Company as its agent for the purpose of preparing and sending such emails, and authorizes the Company to send such emails to the Client's guest contacts using the Client's name and branding.
The Client is responsible for ensuring that it has all rights and consents necessary for the Company to send emails to the Client's guest contacts, including contacts imported by the Client from outside the Service. All marketing emails sent through the Service will include an unsubscribe mechanism, and the Company will honor unsubscribe requests on the Client's behalf in accordance with the CAN-SPAM Act and other applicable law. The Client must not use the Service to send, or cause to be sent, unsolicited commercial email in violation of applicable law.
The Company may, at its discretion, suspend or limit email sending for the Client's account where sending creates a deliverability, spam-complaint, or legal risk to the Company or to other users of the Service, including where the Client's imported contact lists fail the Company's email hygiene verification.
The Client acknowledges that the Company does not guarantee the delivery, open rates, or business results (including rebookings or revenue) of any emails sent through the Service.
Payment, Promotions & Refunds Terms
Payment terms
Service Fees for GuestLink's email collection and email marketing service are charged annually in advance. The subscription term begins on the date of purchase and renews automatically each year unless cancelled in accordance with these Terms of Service.
Service Fees are calculated based on the number of properties active on the Client's account, and, where applicable, the total number of active email marketing contacts on the account. Pricing, except when separately agreed, is available at https://guestlinkbnb.com/pricing
Fees for any other GuestLink services are paid up front at prices listed when purchasing.
Fee Increases
By giving at least 30 days' notice, the Company may increase Service Fees. Fee increases take effect at the start of the Client's next renewal term. If the Client does not wish to pay the increased fees, it may cancel the Service before the effective date of the increase. If the Client does not cancel the Service in accordance with this clause, it is deemed to have accepted the increase.
Overdue Amounts
The Company may charge interest on overdue amounts. Interest will be calculated from the due date to the date of payment at an annual percentage rate equal to the prime rate plus 2% per annum.
Promotions
The Company may offer certain promotions. These promotions may change at any time.
Refunds
The Company may offer refunds at its discretion, dependent on the situation.
New Features
The Company may at its discretion introduce new features in the Service that are available for additional fees.
Cancellation and Termination
You are solely responsible for properly canceling your account. You can cancel your account at any time by emailing a notice of cancellation to support@thehostreport.com. The Terms of Service shall remain in force until the Client provides written notice of cancellation.
If you decide to cancel, you will retain access to the Service through the end of your current annual subscription term, and your subscription will not renew at the end of that term.
Payments are non-refundable, and there are no refunds or credits for partially used subscription terms. We provide services up to the last day of the cancelled subscription term.
The Company in its sole discretion, has the right to suspend or terminate the Client's account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your account. The Company reserves the right to refuse service to anyone for any reason at any time.
Upon cancellation or termination, the Client may, prior to the end of the subscription term, export the guest contact information collected through the Client's account using the export functionality of the Service.
Services
The Company must use reasonable efforts to provide the Services in accordance with the Terms of Service, exercising reasonable care, skill and diligence; and using suitably skilled, experienced and qualified personnel. The Company's provision of the Services to the Client is non-exclusive. Nothing in the Terms of Service prevents the Company from providing the Services to any other person. The Company will use reasonable efforts to ensure all Services are available during normal business hours. However, it is possible that Services may be unavailable to permit maintenance or other development activity to take place, or in the event of Force Majeure. Without limiting the previous sentence, if a third party feature provider ceases to provide that feature or ceases to make that feature available on reasonable terms, the Company may cease to make available that feature to the Client.
The Service provides software through which the Client may share WiFi access information with guests and collect guest contact information. The Company does not provide, install, operate, or manage any networking hardware or internet connectivity at the Client's property. The Client is solely responsible for its own WiFi network, internet service, and the accuracy of the WiFi credentials it enters into the Service, and for compliance with the terms of its internet service provider.
The Company may resell other services through our application or portal. We will make our best effort to ensure those services are delivered, but the Company is not responsible or liable for refunds, complaints, or other issues related to those 3rd party services.
Analytical Data
The Client acknowledges and agrees that the Company may use data and information about the Client's and the Client's end users' use of the Services to generate anonymized and aggregated statistical and analytical data (the "Analytical Data"), and to use Analytical Data for the Company's internal research and product development purposes and to conduct statistical analysis and identify trends and insights, and to supply Analytical Data to third parties and publish Analytical Data for marketing purposes. The Company's rights under this Section will survive termination or cancellation.
Copyright and Content Ownership
Title to, and all Intellectual Property rights in, the Services, and all Underlying Systems is and remains the property of the Company (and its licensors). If the Client provides the Company with ideas, comments or suggestions relating to the Services or Underlying Systems (together feedback), then all Intellectual Property rights in that feedback, and anything created as a result of that feedback is owned solely by the Company. The Client may not contest or dispute that ownership, or the validity of the Intellectual Property rights.
Each party must, unless it has the prior written consent of the other party or is authorized under this Terms of Service, keep confidential at all times the confidential information of the other party
You may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, or visual design elements without express written permission from the Company.
General Terms
Definitions
"Force Majeure" means an event that is beyond the reasonable control of a party, excluding an event to the extent that it could have been avoided by a party taking reasonable steps or reasonable care.
"Intellectual Property" means any and all of the following in any jurisdiction throughout the world (a) trademarks and service marks, including all applications and registrations, and the goodwill connected with the use of and symbolized by the foregoing, (b) copyrights, including all applications and registrations related to the foregoing, (c) trade secrets and confidential know-how, (d) patents and patent applications, (e) websites and internet domain name registrations, and (f) other intellectual property and related proprietary rights, interests and protections (including all rights to sue and recover and retain damages, costs and attorneys' fees for past, present, and future infringement, and any other rights relating to any of the foregoing).
"Underlying Systems" means the Company Software, IT solutions, systems and networks (including software, hardware, and websites) used to provide the Services, including any third party solutions, systems and networks.
"Law" means (a) any law (including the common law), statute, bylaw, rule, regulation, order, ordinance, treaty, decree, judgment, and (b) any official directive, protocol, code, guideline, notice, approval, order, policy, or other requirement of any Governmental Authority having the force of law.
Warranties
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS TERMS OF SERVICE, NEITHER PARTY MAKES ANY WARRANTY WITH RESPECT TO ANY TECHNOLOGY, GOODS, SERVICES, RIGHTS OR OTHER SUBJECT MATTER OF THIS TERMS OF SERVICE AND EACH PARTY HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, VALIDITY AND NON-INFRINGEMENT. The Host Report, Inc. MAKES NO REPRESENTATION CONCERNING THE QUALITY OF THE SERVICES AND DOES NOT PROMISE THAT THE SERVICES WILL MEET THE CLIENT'S REQUIREMENTS OR BE SUITABLE FOR A PARTICULAR PURPOSE, OR BE SECURE, FREE OF VIRUSES OR OTHER HARMFUL CODE, UNINTERRUPTED OR ERROR FREE.
Maximum Liability
Notwithstanding any provision in the Terms of Service, the maximum aggregate liability of the Company under or in connection with the Terms of Service or relating to the Services or Data sharing, whether in contract, tort (including negligence), breach of statutory duty, breach of warranty, or otherwise, may not in any year exceed the amount equal to the fees paid by the Client under the Terms of Service in the previous year (which in the first year is deemed to be the total fees paid by the Client to the date of the first event giving rise to liability, and in the second year is deemed to be the greater of (A) the fees paid in the first year or (B) the fees paid in the second year to the date of the first event giving rise to liability).
Good Faith Negotiations
Before taking any court action, a party must use best efforts to resolve any dispute under, or in connection with, the Service or Terms of Service through good faith negotiations.
Force Majeure
Neither party is liable to the other for any failure to perform its obligations under the Terms of Service to the extent caused by Force Majeure, provided that the affected party immediately notifies the other party and provides full information about the Force Majeure, uses best efforts to overcome the Force Majeure, and continues to perform its obligations to the extent practicable.
Notices
A notice given by a party under the Terms of Service must be delivered to the other party via email using the email address provided by the Client during sign up for Services and help@thehostreport.com for the Company.
Representations
The Client represents:
that it has the full power and authority to enter into and perform its obligations under the Terms of Service which, when signed, will constitute binding obligations on the warranting party;
that it is not under any restriction or obligation that could affect its performance of its obligations under the Terms of Service; and
that its execution, delivery, and performance of the Terms of Service, and the consummation of the transactions contemplated in the Terms of Service, do not or will not result in its violation or breach of any applicable Law. The Client represents to the Company that it has the right to grant the Company all rights to use the Data as set forth in this Terms of Service.
Indemnity
The Client indemnifies the Company against any liability (including the actual legal fees charged by the Company's lawyers) arising from any claim by a third party with respect to Client's performance under the Terms of Service (including infringement of privacy rights).
Assignment
Client may not assign any of its rights or obligations under the Terms of Service without the Company's written consent
Severability
If any part of the Terms of Service is declared unenforceable or invalid, the remainder will continue to be valid and enforceable.
No Third-Party Beneficiaries
Unless explicitly stated otherwise elsewhere in the Terms of Service, no person other than the parties themselves has any rights or remedies under the Terms of Service.

Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.

Email Sending & Anti-Spam Policy
All email collection, list imports, and email sending through the Service are governed by the Company's Email Sending & Anti-Spam Policy (published at /sending-policy), which is incorporated into the Terms of Service by reference. The Company verifies email addresses before they enter a Client's list, warns the Client when the Client's account reaches 5% bounces or 0.05% spam complaints, and may pause sending (queueing messages until resolved) when the account reaches 7% bounces or 0.07% spam complaints. For accounts in their first ninety (90) days, the Company reserves the right to terminate the account without refund in lieu of a pause. Importing purchased, rented, scraped, or third-party lists is prohibited and grounds for immediate termination.

Terms of Service

Account Terms
The Client is responsible for maintaining the security of your account and password. The Company cannot and will not be liable for any loss or damage from Client's failure to comply with this security obligation.
The Client is responsible for all content posted and activity that occurs in the Client's account (even when content is posted by others who have their own logins under the Client's account).
The Client may not use the Service for any illegal purpose or to violate any laws in Client's jurisdiction (including but not limited to copyright laws)
The Client must provide a legal full name, a valid email address, and any other information requested in order to complete the signup process.
The Client may not use "bots" or other automated methods to sign up for the Service
The Client must use the Services in accordance with the Terms of Service for the Client's own internal business purposes and may not resell or make available the Services to any third party, or otherwise commercially exploit the Services
The Client and its personnel must not use, or misuse, the Services in any way which may impair the functionality of the Underlying Systems or impair the ability of any other user to use the Services; and must not attempt to view, access or copy any material or data other than that which the Client is authorized to access
The Client is responsible for procuring all licenses, authorizations and consents required for it and its personnel to use the Services, including to use, store and input data into, and process and distribute data through the Services. The Client acknowledges and agrees that to the extent data contains personal information, in collecting, holding and processing that information through the Services, the Company is acting as an agent of the Client for the purposes of any applicable privacy law. The Client must obtain all necessary consents from the relevant individual to enable the Company to collect, use, hold and process that information.
Email Marketing and Automated Sending
The Service includes automated email sending performed by the Company on the Client's behalf. This includes, without limitation: (a) a welcome email sent to a guest after the guest provides their contact information; (b) periodic newsletter emails containing information about the geographic area of the Client's property; and (c) emails designed to generate direct bookings with the Client. The Client appoints the Company as its agent for the purpose of preparing and sending such emails, and authorizes the Company to send such emails to the Client's guest contacts using the Client's name and branding.
The Client is responsible for ensuring that it has all rights and consents necessary for the Company to send emails to the Client's guest contacts, including contacts imported by the Client from outside the Service. All marketing emails sent through the Service will include an unsubscribe mechanism, and the Company will honor unsubscribe requests on the Client's behalf in accordance with the CAN-SPAM Act and other applicable law. The Client must not use the Service to send, or cause to be sent, unsolicited commercial email in violation of applicable law.
The Company may, at its discretion, suspend or limit email sending for the Client's account where sending creates a deliverability, spam-complaint, or legal risk to the Company or to other users of the Service, including where the Client's imported contact lists fail the Company's email hygiene verification.
The Client acknowledges that the Company does not guarantee the delivery, open rates, or business results (including rebookings or revenue) of any emails sent through the Service.
Payment, Promotions & Refunds Terms
Payment terms
Service Fees for GuestLink's email collection and email marketing service are charged annually in advance. The subscription term begins on the date of purchase and renews automatically each year unless cancelled in accordance with these Terms of Service.
Service Fees are calculated based on the number of properties active on the Client's account, and, where applicable, the total number of active email marketing contacts on the account. Pricing, except when separately agreed, is available at https://guestlinkbnb.com/pricing
Fees for any other GuestLink services are paid up front at prices listed when purchasing.
Fee Increases
By giving at least 30 days' notice, the Company may increase Service Fees. Fee increases take effect at the start of the Client's next renewal term. If the Client does not wish to pay the increased fees, it may cancel the Service before the effective date of the increase. If the Client does not cancel the Service in accordance with this clause, it is deemed to have accepted the increase.
Overdue Amounts
The Company may charge interest on overdue amounts. Interest will be calculated from the due date to the date of payment at an annual percentage rate equal to the prime rate plus 2% per annum.
Promotions
The Company may offer certain promotions. These promotions may change at any time.
Refunds
The Company may offer refunds at its discretion, dependent on the situation.
New Features
The Company may at its discretion introduce new features in the Service that are available for additional fees.
Cancellation and Termination
You are solely responsible for properly canceling your account. You can cancel your account at any time by emailing a notice of cancellation to support@thehostreport.com. The Terms of Service shall remain in force until the Client provides written notice of cancellation.
If you decide to cancel, you will retain access to the Service through the end of your current annual subscription term, and your subscription will not renew at the end of that term.
Payments are non-refundable, and there are no refunds or credits for partially used subscription terms. We provide services up to the last day of the cancelled subscription term.
The Company in its sole discretion, has the right to suspend or terminate the Client's account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your account. The Company reserves the right to refuse service to anyone for any reason at any time.
Upon cancellation or termination, the Client may, prior to the end of the subscription term, export the guest contact information collected through the Client's account using the export functionality of the Service.
Services
The Company must use reasonable efforts to provide the Services in accordance with the Terms of Service, exercising reasonable care, skill and diligence; and using suitably skilled, experienced and qualified personnel. The Company's provision of the Services to the Client is non-exclusive. Nothing in the Terms of Service prevents the Company from providing the Services to any other person. The Company will use reasonable efforts to ensure all Services are available during normal business hours. However, it is possible that Services may be unavailable to permit maintenance or other development activity to take place, or in the event of Force Majeure. Without limiting the previous sentence, if a third party feature provider ceases to provide that feature or ceases to make that feature available on reasonable terms, the Company may cease to make available that feature to the Client.
The Service provides software through which the Client may share WiFi access information with guests and collect guest contact information. The Company does not provide, install, operate, or manage any networking hardware or internet connectivity at the Client's property. The Client is solely responsible for its own WiFi network, internet service, and the accuracy of the WiFi credentials it enters into the Service, and for compliance with the terms of its internet service provider.
The Company may resell other services through our application or portal. We will make our best effort to ensure those services are delivered, but the Company is not responsible or liable for refunds, complaints, or other issues related to those 3rd party services.
Analytical Data
The Client acknowledges and agrees that the Company may use data and information about the Client's and the Client's end users' use of the Services to generate anonymized and aggregated statistical and analytical data (the "Analytical Data"), and to use Analytical Data for the Company's internal research and product development purposes and to conduct statistical analysis and identify trends and insights, and to supply Analytical Data to third parties and publish Analytical Data for marketing purposes. The Company's rights under this Section will survive termination or cancellation.
Copyright and Content Ownership
Title to, and all Intellectual Property rights in, the Services, and all Underlying Systems is and remains the property of the Company (and its licensors). If the Client provides the Company with ideas, comments or suggestions relating to the Services or Underlying Systems (together feedback), then all Intellectual Property rights in that feedback, and anything created as a result of that feedback is owned solely by the Company. The Client may not contest or dispute that ownership, or the validity of the Intellectual Property rights.
Each party must, unless it has the prior written consent of the other party or is authorized under this Terms of Service, keep confidential at all times the confidential information of the other party
You may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, or visual design elements without express written permission from the Company.
General Terms
Definitions
"Force Majeure" means an event that is beyond the reasonable control of a party, excluding an event to the extent that it could have been avoided by a party taking reasonable steps or reasonable care.
"Intellectual Property" means any and all of the following in any jurisdiction throughout the world (a) trademarks and service marks, including all applications and registrations, and the goodwill connected with the use of and symbolized by the foregoing, (b) copyrights, including all applications and registrations related to the foregoing, (c) trade secrets and confidential know-how, (d) patents and patent applications, (e) websites and internet domain name registrations, and (f) other intellectual property and related proprietary rights, interests and protections (including all rights to sue and recover and retain damages, costs and attorneys' fees for past, present, and future infringement, and any other rights relating to any of the foregoing).
"Underlying Systems" means the Company Software, IT solutions, systems and networks (including software, hardware, and websites) used to provide the Services, including any third party solutions, systems and networks.
"Law" means (a) any law (including the common law), statute, bylaw, rule, regulation, order, ordinance, treaty, decree, judgment, and (b) any official directive, protocol, code, guideline, notice, approval, order, policy, or other requirement of any Governmental Authority having the force of law.
Warranties
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS TERMS OF SERVICE, NEITHER PARTY MAKES ANY WARRANTY WITH RESPECT TO ANY TECHNOLOGY, GOODS, SERVICES, RIGHTS OR OTHER SUBJECT MATTER OF THIS TERMS OF SERVICE AND EACH PARTY HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, VALIDITY AND NON-INFRINGEMENT. The Host Report, Inc. MAKES NO REPRESENTATION CONCERNING THE QUALITY OF THE SERVICES AND DOES NOT PROMISE THAT THE SERVICES WILL MEET THE CLIENT'S REQUIREMENTS OR BE SUITABLE FOR A PARTICULAR PURPOSE, OR BE SECURE, FREE OF VIRUSES OR OTHER HARMFUL CODE, UNINTERRUPTED OR ERROR FREE.
Maximum Liability
Notwithstanding any provision in the Terms of Service, the maximum aggregate liability of the Company under or in connection with the Terms of Service or relating to the Services or Data sharing, whether in contract, tort (including negligence), breach of statutory duty, breach of warranty, or otherwise, may not in any year exceed the amount equal to the fees paid by the Client under the Terms of Service in the previous year (which in the first year is deemed to be the total fees paid by the Client to the date of the first event giving rise to liability, and in the second year is deemed to be the greater of (A) the fees paid in the first year or (B) the fees paid in the second year to the date of the first event giving rise to liability).
Good Faith Negotiations
Before taking any court action, a party must use best efforts to resolve any dispute under, or in connection with, the Service or Terms of Service through good faith negotiations.
Force Majeure
Neither party is liable to the other for any failure to perform its obligations under the Terms of Service to the extent caused by Force Majeure, provided that the affected party immediately notifies the other party and provides full information about the Force Majeure, uses best efforts to overcome the Force Majeure, and continues to perform its obligations to the extent practicable.
Notices
A notice given by a party under the Terms of Service must be delivered to the other party via email using the email address provided by the Client during sign up for Services and help@thehostreport.com for the Company.
Representations
The Client represents:
that it has the full power and authority to enter into and perform its obligations under the Terms of Service which, when signed, will constitute binding obligations on the warranting party;
that it is not under any restriction or obligation that could affect its performance of its obligations under the Terms of Service; and
that its execution, delivery, and performance of the Terms of Service, and the consummation of the transactions contemplated in the Terms of Service, do not or will not result in its violation or breach of any applicable Law. The Client represents to the Company that it has the right to grant the Company all rights to use the Data as set forth in this Terms of Service.
Indemnity
The Client indemnifies the Company against any liability (including the actual legal fees charged by the Company's lawyers) arising from any claim by a third party with respect to Client's performance under the Terms of Service (including infringement of privacy rights).
Assignment
Client may not assign any of its rights or obligations under the Terms of Service without the Company's written consent
Severability
If any part of the Terms of Service is declared unenforceable or invalid, the remainder will continue to be valid and enforceable.
No Third-Party Beneficiaries
Unless explicitly stated otherwise elsewhere in the Terms of Service, no person other than the parties themselves has any rights or remedies under the Terms of Service.

Email Sending & Anti-Spam Policy
All email collection, list imports, and email sending through the Service are governed by the Company's Email Sending & Anti-Spam Policy (published at /sending-policy), which is incorporated into the Terms of Service by reference. The Company verifies email addresses before they enter a Client's list, warns the Client when the Client's account reaches 5% bounces or 0.05% spam complaints, and may pause sending (queueing messages until resolved) when the account reaches 7% bounces or 0.07% spam complaints. For accounts in their first ninety (90) days, the Company reserves the right to terminate the account without refund in lieu of a pause. Importing purchased, rented, scraped, or third-party lists is prohibited and grounds for immediate termination.