Houfy Terms of Service
Thanks for using Houfy. Our mission is to connect people with places.
These Terms of Service (“Terms”) are a contract between you and Houfy Corporation/Houfy Luxembourg Unlimited Company. They govern your use of Houfy's sites, services, and content (“Services”).
You agree that by clicking “Join Now”, “Join Houfy”, “Sign Up” or similar, registering, accessing or using our services (described below), you are agreeing to enter into a legally binding contract with Houfy (even if you are using our Services on behalf of a company). If you do not agree to this contract (“Terms” or “Terms of Service”), do not click “Join Now” (or similar) and do not access or otherwise use any of our Services. If you wish to terminate this contract, at any time you can do so by closing your account and no longer accessing or using our Services.
By using Houfy, you agree to these Terms. If you don’t agree to any of the Terms, you can’t use Houfy.
The entity you are contracting with is:
For users outside the Designated Countries: HOUFY Corporation - PO Box 8392 - Breckenridge, CO 80424 - USA
For users in the Designated Countries: HOUFY Luxembourg Unlimited Company - 9 Rue Ordre de la Couronne de Chene - Luxembourg L-1361 - Luxembourg
We use the term “Designated Countries” to refer to countries in the European Union (EU), European Economic Area (EEA), and Switzerland. : You and Houfy Luxembourg agree that the laws of Luxembourg, excluding conflict of laws rules, shall exclusively govern any dispute relating to this Contract and/or the Services. You and Houfy Luxembourg agree that claims and disputes can be litigated only in Luxembourg, Luxembourg, and we each agree to personal jurisdiction of the courts located in Luxembourg, Luxembourg.
1.2 Members and Visitors
When you register and join the Houfy Services, you become a Member. If you have chosen not to register for our Services, you may access certain features as a “Visitor.”
The Services are not for use by anyone under the age of 16.
To use the Services, you agree that: (1) you must be 16* or older; (2) you will only have one Houfy account, which must be in your real name; and (3) you are not already restricted by Houfy from using the Services. Creating an account with false information is a violation of our terms, including accounts registered on behalf of others or persons under the age of 16.
*If law requires that you must be older in order for Houfy to lawfully provide the Services to you without parental consent (including using of your personal data) then the Minimum Age is such older age.
In order to access and use the Houfy Marketplaces you must be an individual at least 18 years old or a duly organized, validly existing business, organization or other legal entity in good standing under the laws of the country you are registered and able to enter into legally binding contracts.
If we learn someone under 16 is using Houfy, we’ll terminate their account.
You will comply with any applicable export control laws in your local jurisdiction. You also represent and warrant that (i) neither you nor your Service(s) are located or take place in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
2.2 Your Account
Members are account holders. You agree to: (1) use a strong password and keep it confidential; (2) not transfer any part of your account (e.g., connections) and (3) follow the law and our list of Dos and Don’ts and Professional Community Policies. You are responsible for anything that happens through your account unless you close it or report misuse.
User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members, (ii) screen Members against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a Member, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).
If you buy any of our paid Services (“Premium Services”), you agree to pay us the applicable fees and taxes and to additional terms specific to the paid Services. Failure to pay these fees will result in the termination of your paid Services. Also, you agree that:
- Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).
- We may store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your Services and to use to pay other Services you may buy.
- If you purchase a subscription, your payment method automatically will be charged at the start of each subscription period for the fees and taxes applicable to that period. To avoid future charges, cancel before the renewal date. Learn how to cancel or suspend your Premium Services.
- All of your purchases of Services are subject to Houfy's refund policy.
- We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase.
You can get a copy of your invoice through your Houfy account settings under “Purchase History”.
2.4 Notices & Messages
You agree that we will provide notices and messages to you in the following ways: (1) within the Service, or (2) sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree to keep your contact information up to date.
Please review your settings to control and limit messages you receive from us.
Our Services allow messaging and sharing of information in many ways, such as your profile, articles, group posts, links to news articles, Listings and messages. Information and content that you share or post may be seen by other Members, Visitors or others (including off of the Services). Where we have made settings available, we will honor the choices you make about who can see content or information (e.g., message content to your addressees, sharing content only to Houfy connections, restricting your profile visibility from search engines, or opting not to notify others of your Houfy profile update).
We are not obligated to publish any information or content on our Service and can remove it with or without notice.
Houfy may make access to and use of the Houfy Services, or certain areas or features of the Houfy Services, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or a Member’s booking and cancellation history.
The access to or use of certain areas and features of the Houfy Services may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions, before you can access the relevant areas or features of the Houfy Services. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the Houfy Services, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise in the latter terms and conditions.
If you access or download the Application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement. Some areas of the Houfy Services implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
3 Rights and Limits
3.1 Your License to Houfy - You own the rights to the content you create and post on Houfy.
As between you and Houfy, you own the content and information that you submit or post to the Services, and you are only granting Houfy and our affiliates the following non-exclusive license:
A worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish and process, information and content that you provide through our Services and the services of others, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways:
- You can end this license for specific content by deleting such content from the Services, or generally by closing your account, except (a) to the extent you shared it with others as part of the Service and they copied, re-shared it or stored it and (b) for the reasonable time it takes to remove from backup and other systems.
- We will get your consent if we want to give others the right to publish your content beyond the Services. However, if you choose to share your post as "public", we will enable a feature that allows other Members to embed that public post onto third-party services, and we enable search engines to make that public content findable though their services.
- While we may edit and make format changes to your content (such as translating or transcribing it, modifying the size, layout or file type or removing metadata), we will not modify the meaning of your expression.
- Because you own your content and information and we only have non-exclusive rights to it, you may choose to make it available to others, including under the terms of a Creative Commons license.
By submitting suggestions or other feedback regarding our Services to Houfy, you agree that Houfy can use and share (but does not have to) such feedback for any purpose without compensation to you.
You agree to only provide content or information that does not violate the law nor anyone’s rights (including intellectual property rights). You also agree that your profile information will be truthful. Houfy may be required by law to remove certain information or content in certain countries.
3.2 Service Availability
We may change, suspend or discontinue any of our Services. We may also modify our prices effective prospectively upon reasonable notice to the extent allowed under the law.
3.3 Other Content, Sites and Apps
By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Houfy generally does not review content provided by our Members or others. You agree that we are not responsible for others’ (including other Members’) content or information. We cannot always prevent this misuse of our Services, and you agree that we are not responsible for any such misuse. You also acknowledge the risk that you or your organization may be mistakenly associated with content about others when we let connections and followers know you or your organization were mentioned in the news. Members have choices about this feature.
Houfy may help connect Members offering their services (marketing, insurance, accounting, etc.) with Members seeking services. Houfy does not perform nor employs individuals to perform these services. You must be at least 18 years of age to offer, perform or procure these services. You acknowledge that Houfy does not supervise, direct, control or monitor Members in the performance of these services and agree that (1) Houfy is not responsible for the offering, performance or procurement of these services, (2) Houfy does not endorse any particular Member’s offered services, and (3) nothing shall create an employment, agency, or joint venture relationship between Houfy and any Member offering services. If you are a Member offering services, you represent and warrant that you have all the required licenses and will provide services consistent with our Professional Community Policies.
Similarly, Houfy may help you register for and/or attend events organized by Members and connect with other Members who are attendees at such events. You agree that (1) Houfy is not responsible for the conduct of any of the Members or other attendees at such events, (2) Houfy does not endorse any particular event listed on our Services, (3) Houfy does not review and/or vet any of these events, and (4) that you will adhere to these terms and conditions that apply to such events.
Houfy reserves the right to limit your use of the Services, including the number of your connections and your ability to contact other Members. LinkedIn reserves the right to restrict, suspend, or terminate your account if you breach this Contract or the law or are misusing the Services (e.g., violating any of the Dos and Don’ts or Professional Community Policies).
3.5 Intellectual Property Rights
We reserve all rights in Houfy's look and feel. Some parts of Houfy are licensed under third-party open source licenses. We also make some of our own code available under open source licenses. As for other parts of Houfy, you may not copy or adapt any portion of our code or visual design elements (including logos) without express written permission from Houfy unless otherwise permitted by law.
Houfy is in the process of reserving all of its intellectual property rights in the Services. Trademarks and logos used in connection with the Services are the trademarks of their respective owners. Houfy and other Houfy trademarks, service marks, graphics and logos used for our Services might be trademarks or in the process of being trademarked by Houfy.
3.6 Automated Processing
We use the information and data that you provide and that we have about Members to make recommendations for connections, content and features that may be useful to you. For example, we use data and information about you to recommend Listings to you and you to members searching for listings. Keeping your profile accurate and up to date helps us to make these recommendations more accurate and relevant.
4. Disclaimer and Limit of Liability
4.1 Disclaimer of warranty
This is our disclaimer of legal liability for the quality, safety, or reliability of our Services.
HOUFY AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTY ABOUT THE SERVICES, INCLUDING ANY REPRESENTATION THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND PROVIDE THE SERVICES (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, HOUFY AND ITS AFFILIATES DISCLAIM ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, ACCURACY OF DATA, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
4.2 Limitation of Liability
These are the limits of legal liability we may have to you.
TO THE FULLEST EXTENT PERMITTED BY LAW (AND UNLESS HOUFY HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), HOUFY, INCLUDING ITS AFFILIATES, WILL NOT BE LIABLE IN CONNECTION WITH THIS CONTRACT FOR LOST PROFITS OR LOST BUSINESS OPPORTUNITIES, REPUTATION (E.G., OFFENSIVE OR DEFAMATORY STATEMENTS), LOSS OF DATA (E.G., DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT) OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES.
HOUFY AND ITS AFFILIATES WILL NOT BE LIABLE TO YOU IN CONNECTION WITH THIS CONTRACT FOR ANY AMOUNT THAT EXCEEDS (A) THE TOTAL FEES PAID OR PAYABLE BY YOU TO HOUFY FOR THE SERVICES DURING THE TERM OF THIS CONTRACT, IF ANY, OR (B) US $1000.
4.3 Basis of the Bargain; Exclusions
The limitations of liability in this Section 4 are part of the basis of the bargain between you and HOUFY and shall apply to all claims of liability (e.g., warranty, tort, negligence, contract and law) even if HOUFY or its affiliates has been told of the possibility of any such damage, and even if these remedies fail their essential purpose.
These limitations of liability do not apply to liability for death or personal injury or for fraud, gross negligence or intentional misconduct, or in cases of negligence where a material obligation has been breached, a material obligation being such which forms a prerequisite to our delivery of services and on which you may reasonably rely, but only to the extent that the damages were directly caused by the breach and were foreseeable upon conclusion of this Contract and to the extent that they are typical in the context of this Contract.
We can each end this Contract, but some rights and obligations survive.
Both you and Houfy may terminate this Contract at any time with notice to the other.
On termination, you lose the right to access or use the Services. The following shall survive termination:
- Our rights to use and disclose your feedback;
- Members and/or Visitors’ rights to further re-share content and information you shared through the Services;
- Sections 4, 6, 7, and 8.2 of this Contract;
- Any amounts owed by either party prior to termination remain owed after termination.
Houfy may immediately, without notice, terminate this Contract and/or stop providing access to the Houfy Platform if (i) you have materially breached your obligations under these Terms, our Policies or Standards, (ii) you have violated applicable laws, regulations or third party rights, or (iii) such action is necessary to protect the personal safety or property of Houfy, its Members, or third parties (for example in the case of fraudulent behavior of a Member).
In addition, Houfy may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, our Policies or Standards, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Houfy Account registration, Listing process or thereafter, (iv) you and/or your Listings or conduct at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor Ratings or Reviews or Houfy otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason, or (vii) such action is necessary to protect the personal safety or property of Houfy, its Members, or third parties, or to prevent fraud or other illegal activity:
- refuse to surface, delete or delay any Listings, Ratings, Reviews, or other Member Content;
- cancel any pending or confirmed bookings;
- limit your access to or use of the Houfy Services;
- temporarily or permanently revoke any special status associated with your Houfy Account;
- temporarily or in case of severe or repeated offenses permanently suspend your Houfy Account and stop providing access to the Houfy Services.
In case of non-material breaches and where appropriate, you will be given notice of any intended measure by Houfy and an opportunity to resolve the issue to Houfy's reasonable satisfaction.
When this Contract has been terminated, you are not entitled to a restoration of your Houfy Account or any of your Member Content. If your access to or use of the Houfy Services has been limited or your Houfy Account has been suspended or this Contract has been terminated by us, you may not register a new Houfy Account or access and use the Houfy Services through an Houfy Account of another Member.
If Houfy takes any of the measures described in this Section 5 you may appeal such a decision by contacting our customer service.
You can visit our Help Center to close your account.
6. Governing Law and Dispute Resolution
This section shall not deprive you of any mandatory consumer protections under the law of the country to which we direct Services to you, where you have your habitual residence.
If you live outside of Designated Countries, including those who live outside of the United States: You and Houfy agree that the laws of the State of Colorado, U.S.A., excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Contract and/or the Services. You and Houfy both agree that all claims and disputes can be litigated only in the federal or state courts in Breckenridge, Summit County, Colorado, USA, and you and Houfy each agree to personal jurisdiction in those courts.
If your country of residence or establishment is the United States, these Terms will be interpreted in accordance with the laws of the State of Colorado and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the Arbitration Agreement in Section 6 must be brought in state or federal court in Breckenridge, Colorado, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in Breckenridge, Colorado.
If you live in the Designated Countries: These Terms are governed by and construed in accordance with Luxembourg law. If you are acting as a consumer and if mandatory statutory consumer protection regulations in your country of residence contain provisions that are more beneficial for you, such provisions shall apply irrespective of the choice of Luxembourg law. As a consumer, you may bring any judicial proceedings relating to these Terms before the competent court of your place of residence or the competent court of Houfy's place of business in Luxembourg. If Houfy wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the Luxembourg courts.
You and Houfy Luxembourg agree that the laws of Luxembourg, excluding conflict of laws rules, shall exclusively govern any dispute relating to this Contract and/or the Services. You and Houfy Luxembourg agree that claims and disputes can be litigated only in Luxembourg, Luxembourg, and we each agree to personal jurisdiction of the courts located in Luxembourg, Luxembourg.
If your country of residence or establishment is China these Terms will be interpreted in accordance with the laws of China (“China Laws”). Any dispute arising from or in connection with this Agreement shall be submitted to the China International Economic and Trade Arbitration Commission (CIETAC) for arbitration in Beijing which shall be conducted in accordance with CIETAC’s arbitration rules in effect at the time of applying for arbitration, provided that this section shall not be construed to limit any rights which Houfy may have to apply to any court of competent jurisdiction for an order requiring you to perform or be prohibited from performing certain acts and other provisional relief permitted under China Laws or any other laws that may apply to you. The arbitration proceedings shall be conducted in English. The arbitral award rendered is final and binding upon both parties.
7. General Terms
If a court with authority over this Contract finds any part of it invalid or unenforceable, you and we agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and we agree to ask the court to remove that invalid or unenforceable part and still enforce the rest of this Contract.
Houfy's failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Contract between Houfy and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Houfy and you in relation to the access to and use of the Services.
No joint venture, partnership, employment, or agency relationship exists between you and Houfy as a result of this Contract or your use of the Services.
If we don't act to enforce a breach of this Contract, that does not mean that Houfy has waived its right to enforce this Contract. You may not assign, transfer or delegate this Contract and your rights and obligations hereunder without Houfy's prior written consent. Houfy may without restriction assign, transfer or delegate this Contract and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice to its affiliates or a party that buys it without your consent. There are no third-party beneficiaries to this Contract. Your right to terminate this Contract at any time remains unaffected.
These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
Unless specified otherwise, any notices or other communications to Members permitted or required under this Contract, will be provided electronically and given by Houfy via email, Houfy Platform notification, or messaging service (including SMS). If your booking is in respect of a Listing in Japan, you agree and acknowledge that such notifications via electronic means in lieu of a written statement, satisfies Houfy's obligations under Article 59 Paragraph 1 of the Japanese Housing Accommodation Business Act.
You agree that the only way to provide us legal notice is at the addresses provided in Section 10.
8. Houfy “Dos and Don’ts”
8.1 Dos - You agree that you will:
- Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
- Provide accurate information to us and keep it updated;
- Use your real name on your profile; and
- Use the Services in a professional manner.
8.2 Don'ts - You agree that you will not:
- Create a false identity on Houfy, misrepresent your identity, create a Member profile for anyone other than yourself (a real person), or use or attempt to use another’s account;
- Develop, support or use software, devices, scripts, robots or any other means or processes (including crawlers, browser plugins and add-ons or any other technology) to scrape the Services or otherwise copy profiles and other data from the Services;
- Override any security feature or bypass or circumvent any access controls or use limits of the Service (such as caps on keyword searches or profile views);
- Copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties (such as search engines), without the consent of Houfy;
- Disclose information that you do not have the consent to disclose (such as confidential information of others (including your employer));
- Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets or other proprietary rights. For example, do not copy or distribute (except through the available sharing functionality) the posts or other content of others without their permission, which they may give by posting under a Creative Commons license;
- Violate the intellectual property or other rights of Houfy, including, without limitation, (i) copying or distributing our learning videos or other materials or (ii) copying or distributing our technology, unless it is released under open source licenses; (iii) using the word “Houfy” or our logos in any business name, email, or URL except as provided in the Brand Guidelines;
- Post anything that contains software viruses, worms, or any other harmful code;
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source;
- Imply or state that you are affiliated with or endorsed by Houfy without our express consent (e.g., representing yourself as an accredited Houfy trainer);
- Rent, lease, loan, trade, sell/re-sell or otherwise monetize the Services or related data or access to the same, without Houfy's consent;
- Deep-link to our Services for any purpose other than to promote your profile or a Group on our Services, without Houfy's consent;
- Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages;
- Monitor the Services’ availability, performance or functionality for any competitive purpose;
- Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
- Overlay or otherwise modify the Services or their appearance (such as by inserting elements into the Services or removing, covering, or obscuring an advertisement included on the Services);
- Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms); and/or
- Violate the Professional Community Policies or any additional terms concerning a specific Service that are provided when you sign up for or start using such Service, and the Google Maps terms where applicable.
If you find a security vulnerability on Houfy, inform us.
9. Complaints Regarding Content
Contact information for complaint about content provided by our Members.
We respect the intellectual property rights of others. We require that information posted by Members be accurate and not in violation of the intellectual property rights or other rights of third parties. We provide a policy and process for complaints concerning content posted by our Members.
10. How To Contact Us
For legal notices or service of process, you may write us at these addresses.
Questions? E-mail us know at privacy@Houfy.com
Our Help Center also provides information about our Services.