HomeRunner Terms of Service

These Terms of Service (“Terms”) govern your use of the HomeRunner booking engine platform (“Service”) provided by Hudson Creative Studio (“Company,” “we,” “us,” or “our”). By accessing or using HomeRunner, you (“Customer,” “you,” or “your”) agree to be bound by these Terms.

1. SERVICE DESCRIPTION

HomeRunner is a Software-as-a-Service platform that integrates with Property Management Systems (PMS) to provide booking engine functionality for vacation rental websites. The Service includes:

• Real-time PMS integration and data synchronization
• Booking engine widgets and user interface components
• Property search and filtering capabilities
• Business intelligence dashboard and analytics
• Customer support and technical assistance

2. SUBSCRIPTION AND PAYMENT

2.1 Subscription Plans: Service is provided on a monthly subscription basis according to our published pricing tiers at homerunner.io/#pricing.

2.2 Payment Terms:

• Subscription fees are billed monthly in advance
• All fees are non-refundable except as expressly provided
• Payment is due within thirty (30) days of invoice date
• Late payments subject to 2% monthly service charge
• We may suspend Service for accounts more than 30 days past due

2.3 Price Changes: We reserve the right to modify pricing with thirty (30) days’ advance notice to existing customers.

3. CUSTOMER RESPONSIBILITIES

Customer agrees to:

• Provide accurate account information and maintain current payment methods
• Use the Service only for lawful vacation rental operations
• Comply with all applicable laws and regulations
• Maintain security of account credentials
• Promptly notify us of any unauthorized access or security breaches
• Provide necessary PMS access and API credentials for integration

4. ACCEPTABLE USE

Customer shall not:

• Use the Service for any illegal or unauthorized purpose
• Attempt to reverse engineer, decompile, or hack the Service
• Violate any third-party rights or agreements
• Transmit malicious code or attempt to disrupt the Service
• Use the Service to compete with or develop competing products

5. INTELLECTUAL PROPERTY

5.1 Our Rights: HomeRunner software, including all code, algorithms, designs, and methodologies, remains our exclusive property. Customer receives only a limited license to use the Service during the subscription term.

5.2 Customer Data: Customer retains ownership of all property data, guest information, and content provided to the Service. We may use aggregated, anonymized data for Service improvement and analytics.

5.3 Third-Party Components: The Service may incorporate third-party software subject to separate licenses.

6. WARRANTIES AND DISCLAIMERS

6.1 Service Warranty: We warrant that the Service will perform substantially in accordance with its documentation under normal use.

6.2 DISCLAIMER: EXCEPT AS EXPRESSLY STATED, THE SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

6.3 Third-Party Services: We do not warrant the performance, availability, or reliability of third-party services including PMS providers, payment processors, or hosting services.

7. LIMITATION OF LIABILITY

7.1 Liability Cap: OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM THESE TERMS OR USE OF THE SERVICE SHALL NOT EXCEED THE TOTAL FEES PAID BY CUSTOMER IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

7.2 Excluded Damages: IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Lost profits, revenue, or bookings
• Business interruption or downtime
• Loss of data or information
• Cost of substitute services
• Damage to reputation or goodwill

7.3 Third-Party Service Disruptions: WE ASSUME NO LIABILITY FOR DAMAGES CAUSED BY:

• PMS API changes, outages, or modifications
• Payment processor failures or disputes
• Website hosting or server issues
• Internet connectivity problems
• Changes to third-party booking platforms (Airbnb, Vrbo, etc.)
• Social media platform policy changes

7.4 Financial Losses: WE EXPRESSLY DISCLAIM ANY LIABILITY FOR LOST BOOKINGS, RENTAL INCOME, BUSINESS REVENUE, OR OTHER FINANCIAL LOSSES REGARDLESS OF CAUSE, INCLUDING SERVICE OUTAGES, INTEGRATION FAILURES, OR BOOKING ENGINE MALFUNCTIONS.

7.5 Force Majeure: We shall not be liable for any delays or failures due to circumstances beyond our reasonable control, including natural disasters, government actions, pandemics, or infrastructure failures.

8. INDEMNIFICATION

Customer agrees to indemnify and hold us harmless from any claims, damages, or expenses arising from:

• Customer’s use of the Service
• Violation of these Terms
• Infringement of third-party rights
• Customer’s vacation rental operations
• Guest disputes or legal claims

9. TERMINATION

9.1 Termination Rights: Either party may terminate this agreement at any time with thirty (30) days’ written notice.

9.2 Immediate Termination: We may terminate immediately if Customer:

• Fails to pay fees within ten (10) days of written notice
• Violates these Terms or our Acceptable Use Policy
• Engages in fraudulent or illegal activities

9.3 Effect of Termination: Upon termination:

• Customer’s access to the Service ends immediately
• All outstanding fees remain due and payable
• We may retain data for legal compliance purposes
• Customer must remove all Service components from their website

10. DATA AND PRIVACY

10.1 Data Processing: We process Customer and guest data as necessary to provide the Service and as described in our Privacy Policy.

10.2 Data Security: We implement reasonable security measures but cannot guarantee absolute security of data transmission or storage.

10.3 Data Backup: Customer is responsible for maintaining backups of critical business data outside the Service.

11. CONFIDENTIALITY

Both parties agree to maintain confidentiality of the other’s proprietary information and trade secrets. This obligation survives termination indefinitely.

12. DISPUTE RESOLUTION

12.1 Governing Law: These Terms are governed by Louisiana law without regard to conflicts of law principles.

12.2 Arbitration: Any disputes shall be resolved through binding arbitration under American Arbitration Association Commercial Rules in New Orleans, Louisiana. Prevailing party entitled to reasonable attorney’s fees.

12.3 Injunctive Relief: Either party may seek injunctive relief in court for breaches involving intellectual property or confidential information.

13. GENERAL PROVISIONS

13.1 Independent Contractors: The parties are independent contractors with no partnership, joint venture, or agency relationship.

13.2 Modification: We may modify these Terms with thirty (30) days’ notice to existing customers. Continued use constitutes acceptance.

13.3 Severability: Invalid provisions do not affect the validity of remaining Terms.

13.4 Assignment: Customer may not assign this agreement without our written consent. We may assign to affiliates or in connection with business sale.

13.5 Entire Agreement: These Terms, together with our Privacy Policy and any applicable Order Forms, constitute the complete agreement between the parties.

13.6 Survival: Sections regarding payment obligations, intellectual property, limitation of liability, indemnification, and confidentiality survive termination.