These Terms of Service ("Terms") are a legal agreement between Feather PMS, Inc. ("Feather," "we," "us," or "our") and the individual or entity accessing or using our property management platform, website, 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 are entering into these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity, in which case "you" and "Customer" refer to that entity.
1. The Service
Feather provides a cloud-based software platform for vacation rental and property management operators, including features such as multi-channel calendar and reservation management, guest messaging, direct booking websites, task automation, owner statements and payouts, and financial reconciliation. We may add, modify, or discontinue features of the Service at any time.
2. Eligibility and Accounts
The Service is intended for use by professional property management businesses and their authorized personnel, not individual consumers booking travel. You must provide accurate and complete registration information and keep it up to date. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us promptly of any unauthorized use of your account.
3. Subscription Plans, Fees, and Billing
Access to the Service is provided on a subscription basis under the pricing plan selected at signup or in an applicable order form.
Fees are billed in advance on a recurring basis (e.g., monthly or annually) unless otherwise agreed in writing, and are non-refundable except as required by law or expressly stated in an order form.
We may change subscription fees on renewal with reasonable advance notice.
Late or failed payments may result in suspension of access to the Service until amounts due are paid in full.
You are responsible for all applicable taxes associated with your subscription, excluding taxes based on our net income.
4. Payment Processing and Payouts
Where the Service facilitates guest payments, owner payouts, or vendor disbursements, such payment processing is provided by us and/or third-party payment processors acting as merchant of record or payment facilitator. Use of payment processing features is subject to the applicable payment processor's terms and any additional agreements you accept during onboarding (e.g., KYC and underwriting requirements). We are not a bank, and funds held or transmitted through the Service are subject to the terms of our payment partners.
5. Customer Data and License
"Customer Data" means data and content that you or your End Users submit to the Service, including guest, reservation, property, and financial data. As between the parties, you retain all rights in Customer Data. You grant us a worldwide, non-exclusive license to host, use, process, and display Customer Data solely as necessary to provide, maintain, and improve the Service, and as otherwise permitted under our Privacy Policy. You represent that you have all rights and consents necessary to submit Customer Data, including guest personal information, to the Service.
6. Guest Data and Third-Party Channels
The Service may connect to third-party booking channels, channel managers, smart lock providers, and other integrations you choose to enable ("Integrations"). You are responsible for your use of Integrations and for complying with the terms of the applicable third parties. We are not responsible for the acts, omissions, availability, or data practices of third-party Integrations.
7. Acceptable Use
You agree not to:
- Use the Service for any unlawful purpose or in violation of any applicable law or regulation.
- Reverse engineer, decompile, or attempt to derive the source code of the Service, except as permitted by law.
- Interfere with or disrupt the integrity or performance of the Service, including through unauthorized access attempts, malware, or excessive automated requests.
- Use the Service to store or transmit infringing, defamatory, or otherwise unlawful material.
- Resell, sublicense, or provide the Service to third parties outside your organization without our prior written consent.
- Misuse guest or owner personal information in violation of applicable privacy law or our Privacy Policy.
8. Intellectual Property
The Service, including its software, design, trademarks, and content (excluding Customer Data), is owned by Feather or our licensors and is protected by intellectual property laws. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable license to access and use the Service for your internal business purposes during your subscription term. No other rights are granted.
9. Confidentiality
Each party may receive confidential or proprietary information of the other party in connection with the Service. Each party agrees to use the other party's confidential information only as necessary to perform its obligations under these Terms and to protect it using at least a reasonable standard of care, except as required to be disclosed by law.
10. 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, NON-INFRINGEMENT, AND UNINTERRUPTED OR ERROR-FREE OPERATION, TO THE MAXIMUM EXTENT PERMITTED BY LAW. WE DO NOT GUARANTEE THE ACCURACY, RELIABILITY, OR AVAILABILITY OF THIRD-PARTY INTEGRATIONS OR BOOKING CHANNELS.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EACH PARTY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO US FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. THESE LIMITATIONS DO NOT APPLY TO BREACHES OF CONFIDENTIALITY, INDEMNIFICATION OBLIGATIONS, OR A PARTY'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
12. Indemnification
You agree to defend, indemnify, and hold harmless Feather and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Service, your Customer Data, or your violation of these Terms or applicable law.
13. Term and Termination
These Terms remain in effect for as long as you maintain an account or subscription. Either party may terminate for convenience at the end of the then-current subscription term with notice as specified in your order form, or immediately if the other party materially breaches these Terms and fails to cure within thirty (30) days of notice. We may suspend or terminate access immediately for non-payment, suspected fraud, or conduct that poses a security or legal risk. Upon termination, your right to access the Service ends, and we will make Customer Data available for export for a reasonable period as described in our documentation, after which it may be deleted in accordance with our data retention practices.
14. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Delaware, without regard to its conflict of laws principles. Any dispute arising out of or relating to these Terms or the Service will be brought exclusively in the state or federal courts located in Delaware, and each party consents to the personal jurisdiction of such courts.
15. Changes to These Terms
We may update these Terms from time to time. If we make material changes, we will provide reasonable notice, such as by email or an in-product notice, before the changes take effect. Continued use of the Service after the effective date of updated Terms constitutes acceptance of those Terms.
16. General Provisions
Entire Agreement: These Terms, together with any applicable order form and our Privacy Policy, constitute the entire agreement between the parties regarding the Service and supersede prior agreements on the subject.
Severability: If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect.
Assignment: You may not assign these Terms without our prior written consent; we may assign these Terms in connection with a merger, acquisition, or sale of assets.
Force Majeure: Neither party is liable for delays or failures due to causes beyond its reasonable control.
No Waiver: Failure to enforce any provision of these Terms is not a waiver of that provision.
Relationship: The parties are independent contractors, and nothing in these Terms creates a partnership, joint venture, or agency relationship.
17. Contact Us
Questions about these Terms should be directed to:
Feather PMS, Inc.
Email: hello@featherpms.com
Website: featherpms.com