These Apex Consumer Terms of Use (the “Terms”) govern your access to and use of guest-facing websites, portals, messaging, voice, concierge, payment, and other services powered by ApexOS and provided by Staylist, LLC (“Staylist”) (collectively, the “Guest Services”). An “AI Feature” means a Guest Service feature that uses artificial intelligence, machine learning, large language models, or similar technology. These Terms apply when the Guest Services are made available to you. By accessing or using the Guest Services, you agree to these Terms. If you do not agree, do not use the Guest Services.
1. STAYLIST AND THE PROPERTY OPERATOR
1.1 Platform Provider.
Staylist provides technology used by vacation-rental managers, owners, hospitality businesses, and other property operators (each, a “Property Operator”). Staylist is not the owner, manager, lessor, host, travel provider, or operator of a property unless Staylist expressly identifies itself in that role.1.2 Property Operator.
Your reservation, stay, property access, rates, fees, deposits, refunds, rules, accommodations, and related services are provided by and governed by the terms of the applicable Property Operator. The Property Operator is responsible for its listings and performance.1.3 Communications.
Staylist may transmit communications and perform configured actions for a Property Operator. A communication from the Guest Services may be sent on the Property Operator’s behalf, including when an AI Feature helps draft or deliver it.2. ELIGIBILITY AND ACCOUNTS
2.1 Eligibility.
You must be at least 18 years old and legally able to agree to these Terms. A person under 18 may use the Guest Services only through a parent, legal guardian, or responsible adult associated with the reservation.2.2 Accurate Information.
You will provide accurate and current information. You will not impersonate another person or use the Guest Services for an unauthorized purpose.2.3 Account Security.
You are responsible for protecting access codes, credentials, and devices used with the Guest Services. Notify the Property Operator or Staylist promptly if you suspect unauthorized access.3. RESERVATIONS AND PROPERTY SERVICES
3.1 Operator Terms.
A Property Operator may require separate rental terms, house rules, cancellation policies, waivers, identity checks, deposits, or other conditions. Those terms are between you and the Property Operator and control your reservation and stay.3.2 Information.
Property descriptions, availability, rates, taxes, fees, policies, and instructions are supplied or controlled by the Property Operator. Staylist does not warrant that this information is complete or error-free. Confirm material details with the Property Operator.3.3 Access and Safety.
Follow property-access instructions, posted rules, and emergency guidance. Use a digital key, access code, or connected-device control only for the property, period, and purpose authorized by the Property Operator, and do not share it with an unauthorized person. Contact the Property Operator or emergency services, as appropriate, for an urgent property, health, security, or safety issue. Do not rely on an automated assistant for an emergency.4. PAYMENTS
4.1 Payment Processing.
Payments may be processed through a third-party payment platform selected by Staylist or identified at checkout for the Property Operator. The processor’s terms and privacy notice may apply. Staylist does not store full payment-card numbers.4.2 Staylist’s Role.
The payment processor may allocate a payment between the Property Operator’s balance account and Staylist’s balance account for applicable fees. The Property Operator remains responsible for prices, taxes, refunds, chargebacks, deposits, and payment disputes relating to the reservation or stay. Staylist may facilitate processor-required refunds and reversals and does not store full payment-card numbers.4.3 Authorization.
You authorize the Property Operator and its payment processor to charge the payment method you provide for amounts presented to you and authorized under the reservation terms. Direct billing questions to the Property Operator.5. COMMUNICATIONS AND RECORDINGS
5.1 Service Communications.
You may receive communications reasonably related to your inquiry, reservation, stay, account, payment, safety, or requested service when you request them or provide the applicable consent. The sender will be identified in the message or the related request. Message and data rates may apply. You may use the opt-out method stated in a message to stop future messages. After an opt-out, the sender may send one message confirming that the opt-out was processed.5.2 Marketing.
Marketing texts or calls require the consent stated at the point of collection, including prior express written consent when required by law or provider policy. Consent to marketing is not a condition of purchase. You may opt out as instructed in the message.5.3 Recordings and Transcripts.
At the start of a call that will be recorded or transcribed, a notice will explain the recording or transcription and its purposes before any substantive conversation is captured. By continuing after the notice or giving another requested indication, you consent to the extent permitted by law. If you do not consent, end the call and use another available method to contact the Property Operator. The applicable Property Operator selects the retention period for its call recordings from the settings available in the Guest Services.6. AI FEATURES
6.1 AI-Assisted Interactions.
Some Guest Services may use artificial intelligence to answer questions, summarize requests, draft communications, recommend options, or perform configured tasks. You may be interacting with an automated system.6.2 Verify Important Information.
AI-generated content may be inaccurate or incomplete. Confirm important information, including property access, pricing, cancellation terms, availability, safety, and reservation changes, with the Property Operator.7. ACCEPTABLE USE
7.1 Permitted Use.
You may use the Guest Services only for lawful personal use related to a property inquiry, reservation, stay, or service made available to you.7.2 Prohibited Conduct.
You will not: (a) violate law or another person’s rights; (b) use another person’s account or access code without permission; (c) submit false, deceptive, unlawful, infringing, harmful, or abusive content; (d) introduce malicious code or interfere with the Guest Services; (e) scrape, copy, reverse engineer, or attempt to discover nonpublic components of the Guest Services; (f) use the Guest Services to develop or train a competing product; or (g) bypass security, usage, or access controls.8. YOUR CONTENT
8.1 Your Content.
“Your Content” means information, requests, preferences, messages, recordings, reviews, images, and other content that you submit through the Guest Services. As between you and Staylist, you retain your rights in Your Content.8.2 License.
You grant Staylist, the applicable Property Operator, and their service providers a nonexclusive right to host, copy, transmit, display, modify, and otherwise process Your Content as needed to provide, support, secure, and improve the Guest Services, complete your requests, and comply with law.8.3 Your Responsibility.
You represent that you have the rights needed to submit Your Content and that it does not violate law or another person’s rights.9. PRIVACY
9.1 Privacy Policy.
Staylist’s Privacy Policy at
https://staylist.com/legal/privacy explains how Staylist collects, uses, and discloses personal information. A Property Operator may have a separate privacy policy that applies to its processing.
9.2 Children’s Information.
The Guest Services are not directed to children under 13. A responsible adult may provide ordinary reservation-party information, such as the number of children in a group. Do not submit a child’s account credentials, precise location, biometric information, or other unnecessary personal information.10. THIRD-PARTY SERVICES
10.1 Third Parties.
The Guest Services may link to or integrate with a Property Operator, payment processor, map, communications provider, or other third-party service. Third-party services are governed by their own terms and privacy notices.10.2 No Control.
Staylist does not control and is not responsible for a third party’s content, acts, omissions, availability, security, or services. A link or integration does not imply endorsement.11. STAYLIST INTELLECTUAL PROPERTY
11.1 Ownership.
Staylist and its licensors own the Guest Services, software, designs, documentation, content supplied by Staylist, and related intellectual property. Property Operators and other licensors may own their names, marks, listings, and content.11.2 Limited Right.
Staylist grants you a limited, revocable, nonexclusive, nontransferable right to use the Guest Services for the purposes described in these Terms. No other rights are granted.11.3 Feedback.
If you provide feedback about the Guest Services, Staylist may use it without restriction or payment, but will not publicly identify you as the source without permission.12. SUSPENSION AND TERMINATION
12.1 Suspension.
Staylist or the Property Operator may restrict or suspend your access if reasonably necessary to protect the Guest Services or another person, address suspected unlawful or unauthorized use, or enforce these Terms.12.2 Termination.
You may stop using the Guest Services at any time. Sections that by their nature should survive will survive, including rights concerning content, intellectual property, disclaimers, liability, and disputes.13. DISCLAIMERS
13.1 Guest Services.
To the maximum extent permitted by law, the Guest Services, AI outputs, and content supplied through them are provided “as is” and “as available.” Staylist disclaims implied warranties, including merchantability, fitness for a particular purpose, title, noninfringement, accuracy, and uninterrupted or error-free operation.13.2 Property Services.
Staylist does not warrant a property, listing, accommodation, Property Operator, rate, reservation, payment, access method, or other service supplied by a Property Operator or third party.13.3 Consumer Rights.
These Terms do not exclude a warranty or right that applicable consumer law does not permit the parties to exclude.14. LIMITATION OF LIABILITY
14.1 Excluded Damages.
To the maximum extent permitted by law, Staylist and its affiliates, licensors, and personnel will not be liable for lost profits, lost revenue, loss of goodwill, loss of data, business interruption, or indirect, incidental, special, exemplary, consequential, or punitive damages arising from or related to the Guest Services or these Terms, even if advised that the damages were possible.14.2 Liability Cap.
To the maximum extent permitted by law, their total aggregate liability arising from or related to the Guest Services or these Terms will not exceed the greater of: (a) amounts you paid directly to Staylist for the Guest Services during the 12 months before the event giving rise to the first claim; or (b) US$100.14.3 Exceptions.
The limitations do not apply to fraud, willful misconduct, death or personal injury caused by negligence to the extent liability cannot be limited, or other liability that applicable law does not permit the parties to limit.15. INDEMNITY
15.1 Your Indemnity.
To the extent permitted by law, you will defend and indemnify Staylist, its affiliates, and their personnel against a third-party claim arising from Your Content, your unlawful or unauthorized use of the Guest Services, or your material breach of these Terms. This obligation does not apply to the extent the claim was caused by Staylist’s breach, negligence, or willful misconduct.15.2 Process.
Staylist will promptly notify you and reasonably cooperate at your expense. You may not settle a claim in a manner that admits fault by, imposes a nonmonetary obligation on, or does not fully release Staylist without Staylist’s written consent.16. GOVERNING LAW AND DISPUTES
16.1 Governing Law.
Tennessee law governs these Terms without regard to conflict-of-laws principles, except to the extent the law of your residence applies and cannot be waived.16.2 Venue.
A dispute arising from or related to these Terms must be brought in a state or federal court located in Knox County, Tennessee, except where applicable consumer law gives you the right to bring a claim elsewhere. You and Staylist consent to jurisdiction in those courts.16.3 Informal Resolution.
Before filing a claim, you and Staylist will make a reasonable effort to resolve the dispute through written notice and good-faith discussion. This Section does not prevent either party from seeking urgent injunctive relief or filing a claim before a limitations period expires.17. CHANGES TO THESE TERMS
17.1 Updates.
Staylist may update these Terms. The updated Terms will apply when posted or on a later stated effective date. If a change materially reduces your rights, Staylist will provide reasonable notice when required by law. Continued use after the effective date constitutes acceptance to the extent permitted by law.18. GENERAL TERMS
18.1 Contact.
Questions or legal notices may be sent to
[email protected] or Staylist, LLC, 614 Mabry Hood Road, Suite 100, Knoxville, Tennessee 37932, Attention: Legal.
18.2 Assignment.
You may not assign these Terms without Staylist’s written consent. Staylist may assign them to an affiliate or in connection with a merger, reorganization, sale of substantially all assets, or change of control.18.3 Severability and Waiver.
If a provision is unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions will remain effective. A waiver must be in writing and applies only to the specific instance.18.4 No Third-Party Beneficiaries.
These Terms do not create rights for a third party.18.5 Entire Agreement.
These Terms, the AI Terms, and any terms presented for a specific Guest Service are the entire agreement between you and Staylist about the Guest Services. They do not replace your separate agreement with a Property Operator.