HostDesk Terms of Service

Effective Date: July 2, 2026 Last Updated: July 2, 2026

These Terms of Service ("Terms") are a legal agreement between you and 26Triumphus LLC, a Texas limited liability company ("HostDesk," "we," "us," or "our"), governing your access to and use of the HostDesk website, dashboard, guest-facing pages, and related services (collectively, the "Service").

By creating an account, accessing, or using the Service, you agree to be bound by these Terms. If you don't agree, don't use the Service.

1. What HostDesk Is

HostDesk is a software platform for short-term/vacation rental hosts ("Hosts," "you") to create digital guest guides ("guestbooks"), communicate with guests, sell optional add-ons ("Upsells") to guests, and use an AI-powered concierge chat to answer routine guest questions. People who stay at a Host's property and access a guestbook through HostDesk are "Guests." Guests do not create HostDesk accounts — their access is granted by the Host through a personalized, time-limited link.

HostDesk is a technology provider. We are not a party to the rental agreement between you and your Guests, we do not own, manage, or inspect your property, and we are not a booking platform, property manager, or real estate broker. You are solely responsible for your property, your compliance with local short-term-rental laws (licensing, zoning, occupancy taxes, safety codes, HOA rules, etc.), and your relationship with your Guests.

2. Eligibility and Accounts

You must be at least 18 years old and have the legal authority to enter into these Terms — either for yourself or on behalf of a business you're authorized to bind. You're responsible for keeping your account credentials secure and for all activity under your account. Notify us immediately at hostdesk7@gmail.com if you suspect unauthorized access.

You agree to provide accurate information when creating your account and keep it up to date. We may suspend or terminate accounts that provide false or misleading information.

3. Your Content and Responsibilities as a Host

Your content. You retain ownership of the content you upload — property details, guestbook text, photos, Upsell descriptions and images, and any custom text. You grant HostDesk a non-exclusive, worldwide, royalty-free license to host, store, reproduce, and display that content solely to operate and provide the Service (including showing it to your Guests and, where you enable it, feeding it to the AI concierge to answer guest questions).

Accuracy. You're responsible for the accuracy of information you provide about your property — check-in instructions, safety information, house rules, and anything the AI concierge might repeat to a Guest. HostDesk isn't responsible for outcomes caused by inaccurate or outdated information you supply.

Guest data you provide. When you add a booking, you provide us with your Guest's personal information (name, email, phone number, stay dates) so we can grant them access and enable messaging. You represent that you have the legal right and any necessary consent to share that information with us, consistent with wherever you originally collected it from (e.g., your booking platform's terms). See our Privacy Policy for how we handle this data — in short, for Guest data you provide, you are the data controller and we act as your service provider/processor.

Prohibited uses. You will not use the Service to: violate any law or the rights of a third party; collect or store Guest personal information beyond what's reasonably needed to operate your rental; upload content that is unlawful, defamatory, or infringes someone's intellectual property; attempt to reverse-engineer, scrape, or interfere with the Service; probe, penetration-test, or attempt to bypass Guest access controls; or use the AI concierge to generate or distribute unlawful, harassing, or deceptive content.

4. Guest Access and Acceptable Use

Guests access their guestbook through a unique, time-limited link tied to their booking (or an email-verification fallback). By using a guestbook link or the AI concierge chat, a Guest agrees to use it only for their own stay, not to share their access link with people outside their party in a way that could compromise property security (e.g., door codes), and not to misuse the AI chat (attempts to extract system prompts, abuse, spam, or unlawful requests). We may revoke a Guest's access at any time, including after their stay window closes.

5. Subscription Plans, Billing, and Cancellation

Plans. HostDesk offers subscription tiers as described on our pricing page, which may change from time to time. Some features (including the Upsell marketplace and Revenue reports) are only available on paid plans.

Billing. Paid subscriptions are billed in advance on a recurring basis (monthly, unless stated otherwise) through our payment processor, Stripe. By subscribing, you authorize us to charge your payment method on file each billing cycle until you cancel.

Cancellation. You may cancel anytime from your billing settings; cancellation takes effect at the end of your current billing period, and you'll retain access to paid features until then. We don't provide prorated refunds for partial billing periods except where required by law or at our discretion.

Price changes. We'll give you reasonable notice (at least 7 days) before a price increase takes effect on your next renewal.

Non-payment. If a payment fails and isn't resolved within a reasonable grace period, we may downgrade your account to the free plan or suspend access to paid features.

6. The Upsell Marketplace (Stripe Connect)

If you enable the Upsell store, you're selling items or services (e.g., welcome baskets, local experiences, equipment rentals) directly to your Guests. Payments are processed through Stripe Connect. By enabling Upsells, you agree to Stripe's Connected Account Agreement and, where applicable, the Stripe Services Agreement, as may be updated by Stripe from time to time — accepting these Terms constitutes your acceptance of those Stripe terms as well.

How money moves. HostDesk facilitates these transactions and charges a platform fee (currently 6% of each Upsell sale — see your dashboard for the current rate) via Stripe's application-fee mechanism. The remainder is transferred to your connected Stripe account. You, not HostDesk, are the seller of record for goods/services sold through your Upsell store — you're responsible for fulfilling what you sell, for the accuracy of your listings, and for any tax obligations arising from these sales (Stripe or we may issue applicable tax forms, e.g., Form 1099-K, where required by law).

Refunds. You can issue full refunds to a Guest through your dashboard; doing so reverses both the transfer to you and our platform fee for that transaction. We don't guarantee any particular dispute-resolution outcome between you and a Guest and aren't liable for chargebacks, refund disputes, or fulfillment failures.

Connect account status. Your ability to accept Upsell payments depends on maintaining an active, verified Stripe Connect account in good standing. We may pause your Upsell store if your Connect account becomes restricted or if we reasonably suspect fraudulent activity.

Compliance with your booking platform's policies. If a Guest booked your property through a third-party platform (e.g., Airbnb, Vrbo, Booking.com), that platform may have its own rules about what fees or charges can be collected outside its system — for example, Airbnb's Off-Platform and Fee Transparency Policy restricts collecting payment for fees tied to a reservation (its own listed example is an optional pool-heating fee) anywhere other than Airbnb itself. You are solely responsible for knowing and following the rules of whatever platform your Guest booked through before listing an Upsell. HostDesk does not review Upsells for compliance with third-party platform policies, does not know which platform a given Guest booked through, and is not liable for any consequence — including account suspension, fee clawbacks, or other enforcement action by a booking platform — arising from an Upsell you listed that violates that platform's rules.

7. AI Concierge — Important Disclaimers

HostDesk's AI concierge uses a third-party large language model (currently Anthropic's Claude) to answer Guest questions based on the guestbook content you provide.

The AI can be wrong. Responses are generated automatically and may be inaccurate, incomplete, or out of date, particularly if your guestbook content is incomplete. Do not rely on the AI concierge as the sole channel for safety-critical or time-sensitive information — you remain responsible for making sure Guests can reach you directly for anything urgent. The concierge is designed to escalate questions it can't confidently answer to you by email, but escalation isn't guaranteed to be instant or fail-proof (e.g., email delivery issues are outside our control).

Not a person. The concierge is an automated system, not a HostDesk employee or your personal representative. Guests interacting with it should understand they're talking to an AI, not a human.

Data sent to our AI provider. To generate responses, Guest questions and relevant guestbook content are sent to our AI provider's API. See Section 8 of our Privacy Policy for how that data is handled.

8. Third-Party Services

The Service relies on third-party providers to function, including but not limited to: Stripe (payments), Supabase (authentication, database, storage), Anthropic (AI concierge), Resend (transactional email), Twilio (SMS), Upstash (caching/rate limiting), Mapbox (maps), and Vercel (hosting). Your use of the Service is also subject to the applicable terms of those providers where relevant (e.g., Stripe's terms for payments). We aren't responsible for outages, errors, or changes in these third-party services that are outside our control, though we'll make reasonable efforts to keep the Service working around them.

9. Intellectual Property

The Service itself — its software, design, branding, and underlying technology — is owned by HostDesk and protected by intellectual property law. These Terms don't grant you any rights to our trademarks, logos, or brand assets except as needed to use the Service as intended.

10. Feedback

If you send us feedback, feature requests, or suggestions, you agree we can use them without any obligation to compensate you or keep them confidential.

11. Copyright Complaints (DMCA)

If you believe content on HostDesk infringes your copyright, send a notice to hostdesk7@gmail.com.

Your notice must include the information required under 17 U.S.C. § 512(c)(3) (identification of the copyrighted work, the infringing material and its location, your contact information, a good-faith statement, and a statement of accuracy under penalty of perjury, signed by you or an authorized agent). We'll respond according to the DMCA's notice-and-takedown process, and we maintain a policy of terminating accounts of repeat infringers in appropriate circumstances.

12. Termination

You may stop using the Service and delete your account at any time from your settings. We may suspend or terminate your account if you materially breach these Terms, fail to pay applicable fees, or if we reasonably believe your use poses a legal or security risk to HostDesk, other Hosts, or Guests. Upon termination, your Guests' access to guestbooks tied to your account will also end. Sections that by their nature should survive termination (ownership, disclaimers, liability limits, indemnification, dispute resolution) will survive.

13. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We don't warrant that the Service will be uninterrupted, error-free, or completely secure, or that AI-generated content will be accurate. Some jurisdictions don't allow certain warranty disclaimers, so some of the above may not apply to you.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HOSTDESK AND ITS OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICE — INCLUDING ANY DAMAGES ARISING FROM AI-GENERATED CONTENT, GUEST DISPUTES, OR UPSELL TRANSACTIONS — EVEN IF WE'VE BEEN ADVISED OF THE POSSIBILITY.

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE FEES YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM AROSE, OR (B) $100.

This limitation doesn't apply to liability that can't be limited under applicable law (e.g., gross negligence, willful misconduct, or death/personal injury caused by our negligence, where such limitations are prohibited).

15. Indemnification

You agree to indemnify and hold HostDesk harmless from any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising from: your use of the Service; your violation of these Terms; your violation of any law, including short-term-rental regulations applicable to your property; your Upsell listings and fulfillment; or a dispute between you and a Guest.

16. Dispute Resolution and Arbitration

Please read this section carefully — it affects your legal rights.

Any dispute arising out of or relating to these Terms or the Service will be resolved through binding arbitration administered by the American Arbitration Association ("AAA"), under its rules then in effect, rather than in court, except that either party may bring an individual claim in small-claims court if it qualifies. You and HostDesk each waive the right to a jury trial and to participate in a class action or class arbitration. Arbitration will take place in Pflugerville, TX or another mutually agreed location, or may be conducted remotely/by written submission where the rules allow.

[This clause needs to be finalized with your attorney — enforceability and required disclosures for arbitration/class-action-waiver clauses vary by state, and some states restrict them for consumer-facing services.]

17. Governing Law

These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-law principles, except where superseded by federal law (including the Federal Arbitration Act as to Section 16).

18. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we'll notify you (e.g., by email or an in-app notice) before they take effect. Continuing to use the Service after changes take effect means you accept the updated Terms.

19. Miscellaneous

If any provision of these Terms is found unenforceable, the rest remain in effect. Our failure to enforce a provision isn't a waiver of it. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. These Terms, together with our Privacy Policy, are the entire agreement between you and us regarding the Service.

20. Contact Us

Questions about these Terms? Contact us at hostdesk7@gmail.com.