Last Updated: December 6, 2019

This Agreement covers the terms of your (henceforth, “Host”) use from within United States, software, and services provided by Keybee Inc., a Delaware Corporation (henceforth, “Keybee”), and all it’s parents and subsidiaries. THESE TERMS CONSTITUTE A LEGAL AGREEMENT BETWEEN KEYBEE AND HOST.

By establishing Keybee account(s), logging into Keybee account(s), accessing Keybee sites, accessing Keybee mobile application, ordering Keybee services, or using Keybee services, Host confirms the agreement to be bound by these Terms. These terms supersede any verbal and written agreements between Keybee and the Host. As set forth in the Terms, Keybee reserves the right, at its sole discretion, to modify, discontinue or terminate any Services, at any time and without prior notice. Any modifications will be posted on the Site or the Mobile application or otherwise communicated to the Host.

By continuing to use our Services after modification of the Terms indicates agreement to the modified terms. If the modified terms of this Agreement are not acceptable to the Host, Host’s only recourse is to cease using the Services and close the Keybee account(s).

Services

Keybee services support rental of Host’s property on Third Party Platforms (Airbnb, Homeaway, Booking.com, etc.) to counterparties (henceforth, “Guests”). The Host may elect to contract one or more of the following services provided by Keybee:

1.Online Management. Keybee will provide or schedule Third Party Providers to provide consultation about creating and maintaining a listing on Third Party Platforms. Keybee or its Third Party Providers are responsible for optimizing pricing, guest selection, and guest communication.

a.Keybee or its Third Party Providers will not be a party in any agreement between the Host and Guests nor will negotiate any agreements between Host and Guests. The agreement between the Guest and the Host must follow the rules of a Third Party Platform by which the particular booking agreement was initiated.

b.Keybee or its Third Party Providers will follow specific written restrictions provided by the Host regarding guest selection. Keybee is not responsible for any restrictions regarding guest selection that were not specified a priori by the Host.

c.Keybee or its Third Party Providers will provide periodical reports regarding the Host’s listing on the Third Party Platforms. 

d.Keybee or its Third Party Providers will communicate with current and potential guests in order to answer any questions and concerns. Keybee will assist the guests with any reasonable requests related to accidental situations such as lock-outs.

e.Keybee is not responsible for the collection of any funds from Guests on the behalf of the Host. Collection of funds will follow the rules of the Third Party Platform by which the particular booking agreement was initiated.

f.The host is responsible for any maintenance of the property to keep it in acceptable condition. Keybee may provide recommendations regarding Third Party Providers that may perform the maintenance, including the monetary quote. No maintenance work will be performed at the property without explicit permission of the Host. Keybee will not be a party in any agreement between the Host and Third Party Providers.

g.Listing management service does not include cleaning, property inspections, managing check-ins and check-outs.

2.Check-in. Keybee will provide or schedule Third Party Providers to provide services preparing the accommodation for the next guest and checking-in the next guest.

a.Check-in may be requested by the Host before the guest starts his/her stay.

b.Keybee will facilitate contracting between the Host and Third Party Providers to provide the check-in service.

c.Check-in service includes: replenishing supplies in the accommodation, greeting arriving guests and passing the keys to the guests.

3.Check-out. Keybee will provide or schedule Third Party Providers to provide services cleaning the accommodation after the stay.

a.Check-out service may be requested by the Host before or after the guest completes his/her stay.

b.Keybee will facilitate contracting between the Host and Third Party Providers to provide the cleaning service.

c.Keybee will facilitate contracting between the Host and Third Party Providers to provide the laundry service.

d.Keybee or its Third Party Providers will perform a property inspection and report any damages to the Host.

4.Partnerships . Keybee will provide or schedule the services in partnership with Hive IKE. The rights of the Host within this Agreement are safeguarded by a corporate agreement between Keybee and Hive. Hive may use Keybee branding in marketing communication.

5.Limitations . Keybee agrees to provide the Services in a timely and professional manner in accordance with this Agreement, but Keybee makes no warranties of any kind, express or implied, with respect to the Services to be provided hereunder. Keybee reserves the right to delay, reschedule or cancel check-ins and checks-outs at any time, in case of any events beyond Keybee’s control that prevent on-time scheduling. Events include but are not limited to acts of god, and transportation issues. Host would receive a refund for canceled services, and would be able to cancel delayed or rescheduled services according to Keybee termination policy.

Fees

1.Keybee Fees. Keybee fees are communicated to the Host during the purchase. Keybee may modify the Schedule of Fees at any time. Any modification will be communicated to the Host using contact information on file. By refraining from terminating this Agreement after the Schedule of Fees has been modified and communicated, the Host agrees to be bound by the new Schedule of Fees.

2.Third Party Contractor Fees. Keybee will communicate any applicable schedule of Third Party Contractor’s Fees to the Host. Keybee will contract Third Party Providers at the fees agreed with the Host. Keybee will communicate any changes to the Third Party Contractor fees to the Host. If the modified Third Party Contractor fees are not acceptable to the Host, Host’s only recourse is to cease using the Services.

3.Payment of Fees. The Host hereby agrees to pay any and all agreed upon Keybee and Third Party Contractor Fees. Keybee will facilitate payment of fees to the Third Party Providers.

4.Online management fee. Online management fee is charged monthly on the last calendar day of the month or on the last day of service, whichever comes first.

5.Listing creation fee. Listing creation may carry additional fees posted in the Keybee Schedule of Fees. The fee will be communicated by Keybee to the Host. Listing creation fee is due at the point of ordering the service.

6.Check-in fee. Check-in fees are due 7 days before the service delivery date or on the confirmation date of the relevant booking on the Third Party Platform, whichever comes later. Relevant booking is the booking with the check-in date equal to the date of service.

7.Check-in scheduling. Keybee would not schedule Third Party Providers before confirming the payment for the check-in services. Host is liable for any costs or losses associated with a delay to schedule services resulting from late payment of check-in fees. Keybee may refuse to provide a check-in service and issue a refund, if the payment was processed in less than 24h before the service date.

8.Check-out fee. Check-out fees are due 7 days before the service delivery date or on the confirmation date of the relevant booking on the Third Party Platform, whichever comes later. Relevant booking is the booking with the check-out date equal to the date of service.

9.Check-out scheduling. Keybee would not schedule Third Party Providers before confirming the payment for the check-out services. Host is liable for any costs or losses associated with a delay to schedule services resulting from late payment of check-out fees. Keybee may refuse to provide a check-out service and issue a refund, if the payment was processed in less than 24h before the service date.

10.Automatic charges. Host gives permission to Keybee to automatically charge the payment method on file at the time the payment for services is due.

11.Chargebacks. Keybee reserves the right to terminate this agreement and stop providing services immediately in case of chargeback or payment dispute. Host is liable for any fees due at the time of termination.

12.Extra fees. Keybee reserves the right to charge extra fees in case of late payments, bounced checks from Host to Keybee, failed ACH transfers from Host to Keybee, failed wire transfers from Host to Keybee, chargebacks initiated by Host, and in case of any other fees levied on Keybee by Host’s bank or Keybee’s payment processor in connection with Host’s payments.

Privacy Policy

1.Compliance. For Hosts with Keybee services performed for listings physically located within European Economic Area, Keybee complies with GDRP data protection rules. For Hosts with Keybee services performed for listings physically located within European Economic Area, Keybee adheres to seven guiding principles: lawfulness, purpose limitation, data minimization, accuracy, storage limitations, confidentiality and integrity.

2.Data Collected. Keybee will collect Host’s personal data and data on the counterparties of Host’s agreements on the Third Party Platform. Keybee collects:

a.Host’s personal identification information (name, address, phone number, payment information, etc.)

b.Host’s web-analytics and telemetry data (browser type, IP address, location information, etc.)

c.Data facilitating access to Third Party Platforms (usernames, passwords, access tokens, etc.)

d.Personal identification information of the counterparties of Host’s agreements on the Third Party Platform (name, phone number, etc.)

e.Data about listings and reservations on the Third Party Platforms (listing address, photos, descriptions, reservation check-in/check-out dates, etc.)

3.Data Sharing and Outsourcing. Keybee may share the data with and outsource data collection/processing to countries and destinations other than those, where the data was originally collected. The countries and destination may include United States and Canada, and other destinations outside European Economic Area. Host agrees to outsource data collection and processing to Hive IKE. Host agrees to share the data with PCI compliant payment processors. Host agrees to share the data with providers of email and messaging tools. Host agrees to share the data with providers of anti-fraud and security services. Host agrees to share the data with providers of data aggregation and data analytics. For Hosts with Keybee services performed for listings physically located within European Economic Area Keybee has put appropriate safeguards in respect to the transfer by entering standard EU contractual clauses with the data recipients. Keybee and its partners will protect the transferred data in accordance with GDRP and this Privacy Policy. 

4.Means of Data Collection. Keybee and its partners collect the data Host provides to Keybee using Keybee mobile application, and Keybee and Hive websites. Keybee and its partners automatically collect data: a.Using API link between Keybee servers and Host accounts on the Third Party Platforms, b.Using cookies on Keybee and Hive website’s and logs and permanent storage of the Keybee mobile application.

5.Purpose of Data Collection. We collect the data for the following purposes:

a.To facilitate provision of Keybee services as part of Keybee’s Functionality Requirement.

b.To target marketing offers to the Host as part of Keybee’s Legitimate Interests.

c.To target marketing offers to the counterparties of Host’s agreements on the Third Party Platforms as part of Keybee’s Legitimate Interests.

d.To improve Keybee and Keybee products as part of Keybee’s Legitimate Interests.

6.Storage. The data would be stored in secure cloud storage, such as Google Cloud or similar, and in the CRM system, such as Hubspot, or similar. Some data such as cookies and permanent storage may be stored on Host’s device. Some data may be securely stored on Keybee computers.

7.Marketing . Host agrees to receive marketing offers from Keybee. Host can opt out at any time. Host agrees to share the data on the counterparties of Host’s agreements on the Third Party Platforms for marketing purposes.

8.Rights . Hosts with Keybee services performed for listings physically located within European Economic Area have the following rights:

a.The right to be informed and access the data

b.The right to data erasure

c.The right to restrict data processing

d.The right to object to data processing

e.The right to data portability f.The right to restrict automatic decision-making

9.Limitations . Keybee retains the right to deny providing services, if the Host’s executes the right to limit the processing of the data necessary for the provision of the services.

10.Time limit. Keybee will keep the data for 10 years after the termination of this agreement, unless otherwise requested.

11.Consent . By signing this agreement Host gives consent to Keybee to process the data according the Privacy Policy.

12.Complains . In case of complaints related to Keybee Data Policy, Hosts with Keybee services performed for listings physically located within European Economic Area should contact Information Commissioner’s Office.

Liability

1.Keybee will not be a party in any agreement between the Host and Third Party Providers and assumes no liability for damages resulting from the work of the Third Party Providers, regardless of negligence by Keybee or Third Party Providers.

2.Keybee is not liable under any circumstances, regardless of negligence by Keybee or Third Party Providers, for any damage to or destruction of any Host’s property by Guests. Keybee is not responsible for any losses resulting from the rental agreement between the Host and Guest, this includes but is not limited to: failed or delayed payment of rent, rent payment reversals and chargebacks, any lost income, violation of house rules by the guests, guest eviction, neighborhood unrest, revocation of hosts licence to operate a rental.

3.Keybee is not liable under any circumstances for: (1) any damage to or destruction of any property by third parties, or any terrorism, acts of nature, or acts of God; (2) any injury to or death of any person from any cause whatsoever; (3) any error of judgment by Indemnitees or any mistake of law or fact by Indemnitees; and (4) any alleged violation of any law (statutory, common or otherwise) pertaining to the actions contemplated by this Agreement, including but not limited to environmental protection, rent control, taxes, short-term rental, fair housing, or any other such laws.

4.Keybee shall not be liable under any circumstances for any loss, expense, damage, delay, medical costs or any other compensation (whether direct, indirect or consequential) which may be suffered or incurred by the Host arising from or in any way connected with a late arrival of Guests, Keybee staff or Third Party Providers.

Prohibited Activities

Hosts and Third Party Providers are solely responsible for compliance with any and all laws, rules, regulations, including tax laws and obligations, in relation to use of Keybee platform, and External Platforms associated with the Keybee account. You will not engage or enable others to:

1.violate terms of use, and any policies of External Platforms associated with the Keybee account;

2.use the Keybee Platform for commercial activities that are not explicitly permitted in the Terms of Use;

3.discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behavior;

4.tarnish Keybee brand in any way;

5.use Keybee branding without permission; 

6.request or accept any payments outside of the Keybee Platform;

7.attempt to contact Hosts or Third Party Providers to facilitate payment for services to circumvent Keybee fees;

8.take any action that is intended or may unintentionally harm the proper performance of the Keybee Platform;

9.request of process personally identifiable information of Hosts and Third Party Providers for any purpose not related to provision of Keybee services;

Term and Termination

1.Term . This Agreement is effective from the first date the Host uses the Services and will continue until terminated by either party in accordance with this Agreement.

2.Termination . Either party to this Agreement may elect to cancel or terminate this Agreement with or without cause.

3.Cancellation Fees . No refund shall be paid for cancellations made less than twenty four hours before the service date.

4.Upon Termination . Upon termination of this Agreement by Keybee Keybee will cease providing any Services to the Host on the date of termination.

5.Appeal. If Keybee decides to cancel or suspend your account you may appeal that decision by calling Keybee customer service.

Arbitration Agreement

1.The arbitration agreement applies: (i) if you country of residence or operations is United States, (ii) if you bring any claim in the United States, regardless of your country of origin.

2.Any controversy or claim arising out of or relating to this contract or the breach thereof shall be settled by arbitration administered by the American Arbitration Association under its Arbitration Rules for Accounting and Related Services and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

3.You and Keybee acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable disputes.

4.You and Keybee acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative proceeding as to all Disputes. Further, unless you and Keybee both  otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding.