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HomeRunner Terms of Service

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:

  • 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. 

2.1.2 Property Count and Billing: Billing tiers are determined by the average number of property listings actively synchronized and managed by the Service over the billing period, including compound listings, multi-unit properties, and property variations. Tier assignments are calculated monthly based on the average daily property count.

2.2 Payment Terms:

  • Subscription fees are billed monthly in advance
  • All fees are non-refundable except as expressly provided
  • Payment is due upon receipt
  • 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 may modify pricing with sixty (60) days’ advance notice. Existing customers will continue at their current rates a period of sixty (60) days following any price increase announcement before new rates apply to their accounts.

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.

5.4 Publicity Rights: Customer grants Company a limited, worldwide, non-exclusive, royalty-free license to use Customer’s name, logo, and trademarks on Company’s website, customer lists, and marketing materials to identify Customer as a user of the Service. Customer may revoke this permission at any time by sending a written request to support@homerunner.io, after which Company shall remove such references within thirty (30) days.

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 Maintenance Due to Third-Party Changes. In the event a PMS provider modifies its API or deprecates specific versions, Provider reserves the right to suspend access to the Service to implement necessary compatibility patches. Any resulting downtime, latency, or service interruption associated with such API-mandated updates: (i) shall be excluded from any uptime calculations or availability guarantees; and (ii) shall not constitute a breach of service, default, or valid grounds for termination of this Agreement.

6.4 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.

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.

10.4 Breach Notification: In the event that we become aware of any unauthorized access to or disclosure of Customer Data under our control (a “Security Breach”), we will notify Customer without undue delay, and in any event within seventy-two (72) hours of confirming the Security Breach. Such notification will describe the nature of the breach, the data involved, and the measures we are taking to address it. We will reasonably cooperate with Customer in any investigation relating to the Security Breach.

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. NON-SOLICITATION

13.1 During the term of this Agreement and for a period of twelve (12) months thereafter, Customer shall not, directly or indirectly, solicit, induce, recruit, or encourage any of Company’s employees or independent contractors to terminate their relationship with Company, or attempt to hire such employees or contractors, without Company’s prior written consent.

14. GENERAL PROVISIONS

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

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

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

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

14.5 Entire Agreement: These Terms, together with our Privacy Policy and any applicable written amendments specifically referencing these Terms, constitute the complete agreement between the parties. Verbal agreements and email discussions do not modify these Terms unless formally documented in writing and signed by both parties.

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

 

Last updated: December 5, 2025