Terms & Conditions

1. Our Services

HostelReply provides an AI-powered email drafting tool designed to assist hostel operators in generating draft responses to guest enquiries and communications. The Service uses artificial intelligence (OpenAI) to suggest email content based on inputs you provide.

The information provided when using the Services is not intended for distribution to or use in any jurisdiction where such use would be contrary to law or regulation.

2. Intellectual Property Rights

Our Intellectual Property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").

Our Content and Marks are protected by copyright and trademark laws in Australia and around the world. The Content and Marks are provided in or through the Services "AS IS" for your internal business purposes only.

Your Use of Our Services

Subject to your compliance with these Legal Terms, we grant you a non-exclusive, non-transferable, revocable licence to:

• access the Services; and
• download or print a copy of any portion of the Content to which you have properly gained access,

solely for your internal business purposes.

No part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our express prior written permission.

Your Submissions

By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, without acknowledgment or compensation to you.

3. User Representations

By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information; (3) you have the legal capacity and agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means; (6) you will not use the Services for any illegal or unauthorised purpose; and (7) your use of the Services will not violate any applicable law or regulation.

4. User Registration

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

5. Purchases and Payment

All payments for the Services are processed securely through Stripe, a third-party payment processing service. By making a purchase, you agree to Stripe's terms of service and privacy policy in addition to these Legal Terms. We accept the following forms of payment as supported by Stripe:

• Visa
• Mastercard
• American Express
• Other payment methods as made available through Stripe

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in AUD.

We are not responsible for any fees, charges, or disputes arising from your use of Stripe's payment processing services. Any billing disputes should be directed to Stripe in the first instance.

6. Subscriptions

Billing and Renewal

Your subscription will continue and automatically renew unless cancelled. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel. The billing cycle is monthly.

Free Trial

We offer a 7-day free trial to new users who register with the Services. The account will be charged according to the user's chosen subscription at the end of the free trial.

Cancellation

You can cancel your subscription at any time by logging into your account. Your cancellation will take effect at the end of the current paid term. If you have any questions or are unsatisfied with our Services, please email us at info@hostelreply.com.

Fee Changes

We may, from time to time, make changes to the subscription fee and will communicate any price changes to you in accordance with applicable law.

7. Prohibited Activities

You may not access or use the Services for any purpose other than that for which we make the Services available. As a user of the Services, you agree not to:

• Systematically retrieve data or other content from the Services to create or compile a collection, compilation, database, or directory without written permission from us.
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
• Circumvent, disable, or otherwise interfere with security-related features of the Services.
• Use any information obtained from the Services in order to harass, abuse, or harm another person.
• Upload or transmit viruses, Trojan horses, or other material that interferes with any party's uninterrupted use and enjoyment of the Services.
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
• Attempt to impersonate another user or person or use the username of another user.
• Use the Services in a manner inconsistent with any applicable laws or regulations.
• Use the Services to generate email content that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening, sexually explicit, false, inaccurate, deceitful, or misleading.
• Use the Services as part of any effort to compete with us or for any revenue-generating endeavour beyond your own hostel operations.

8. AI-Generated Content and Email Drafts

No Responsibility for Email Drafts

All email drafts generated by the Services are created by an artificial intelligence system (OpenAI) and are provided as suggestions only. We expressly disclaim all responsibility and liability for:

• The accuracy, completeness, appropriateness, or legality of any AI-generated email draft;
• Any email that is sent by you or on your behalf based on or derived from an AI-generated draft;
• Any consequences, losses, claims, or damages arising from the sending of any AI-generated email draft;
• Any misrepresentation, breach of contract, or legal liability arising from the content of any email generated by the Services.

Your Sole Responsibility

You acknowledge and agree that:

• You are solely responsible for reviewing all AI-generated email drafts before sending them to any recipient.
• You are solely responsible for editing any draft to ensure it is accurate, appropriate, compliant with applicable law, and suitable for your specific circumstances.
• The decision to send any email generated by the Services is made entirely at your own discretion and risk.
• You will not send any AI-generated email draft without first reviewing and approving its content.
• We are not a party to any communication sent by you to your guests or third parties, and we bear no responsibility for the outcome of such communications.

No Agency Relationship

• You acknowledge that the Services operate solely as a tool and do not act as your agent, representative, or on your behalf in any communications.
• We do not send, initiate, or control any communications with third parties. You are solely the sender of all communications.
• By using the email drafting feature of the Services, you expressly accept full responsibility for all email communications sent by you, whether or not they were generated with the assistance of the Services.

9. User Generated Contributions

The Services may provide you with the opportunity to create, submit, post, display, transmit, or broadcast content and materials to us or on the Services. When you create or make available any Contributions, you represent and warrant that:

• The creation, distribution, and transmission of your Contributions do not and will not infringe the proprietary rights of any third party.
• Your Contributions are not false, inaccurate, or misleading.
• Your Contributions are not unsolicited or unauthorised advertising, promotional materials, spam, or other forms of solicitation.
• Your Contributions do not violate any applicable law, regulation, or rule.
• Your Contributions do not violate the privacy or publicity rights of any third party.

10. Data Storage and Privacy

Data Storage

The Services use Supabase, a third-party cloud database and backend service, to store and manage data transmitted to or through the Services, including user account information, usage data, and content generated through the Services. By using the Services, you acknowledge and consent to your data being stored and processed by Supabase in accordance with Supabase's terms of service and privacy policy.

We implement reasonable security measures to protect your data stored within Supabase. However, we cannot guarantee the absolute security of data stored on third-party infrastructure. You acknowledge that:

• Your data may be stored on servers located outside Australia;
• We are not responsible for any breach, loss, or unauthorised access to data that occurs at our third-party service provider's level;
• You are solely responsible for all data that you transmit to the Services.

Privacy Policy

We care about data privacy and security. By using the Services, you agree to be bound by our Privacy Policy posted on the Services, which is incorporated into these Legal Terms. The Services are hosted in Australia. If you access the Services from any other region of the world, through your continued use of the Services, you are transferring your data to Australia, and you expressly consent to have your data transferred to and processed in Australia.

11. Services Management

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable any of your Contributions or any portion thereof; (4) remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

12. Term and Termination

These Legal Terms shall remain in full force and effect while you use the Services. We reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Services to any person for any reason, including without limitation for breach of any representation, warranty, or covenant contained in these Legal Terms or of any applicable law or regulation. We may terminate your use or participation in the Services or delete your account and any content or information that you posted at any time, without warning, in our sole discretion.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party.

13. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services.

14. Governing Law

These Legal Terms shall be governed by and defined following the laws of Australia. Kafka Technologies and yourself irrevocably consent that the courts of Australia shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms.

15. Dispute Resolution

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute"), the Parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

Any dispute arising out of or in connection with these Legal Terms shall be referred to and finally resolved by arbitration administered by the Australian Centre for International Commercial Arbitration (ACICA) in accordance with the ACICA Arbitration Rules in force at the time of the dispute. The seat of arbitration shall be Melbourne, Victoria, Australia. The language of the proceedings shall be English.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. No arbitration shall be joined with any other proceeding; there is no right or authority for any Dispute to be arbitrated on a class-action basis.

16. Disclaimer

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, AND (5) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS.

IN PARTICULAR, WE EXPRESSLY DISCLAIM ALL LIABILITY FOR ANY EMAIL DRAFT GENERATED BY THE SERVICES' AI TOOLS, WHETHER OR NOT SUCH DRAFT IS SENT BY YOU TO ANY RECIPIENT. THE AI-GENERATED EMAIL DRAFTS ARE PROVIDED AS SUGGESTIONS ONLY AND WE ARE NOT RESPONSIBLE FOR ANY CONSEQUENCES ARISING FROM YOUR USE OF SUCH DRAFTS.

17. Limitations of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE THREE (3) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $150.

18. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services.

19. User Data

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Data is stored using Supabase, a secure cloud database service. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data.

20. Electronic Communications, Transactions, and Signatures

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Services.

21. Miscellaneous

These Legal Terms and any policies or operating rules posted by us on the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. We may assign any or all of our rights and obligations to others at any time. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Legal Terms or use of the Services.

22. Corrections

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

23. Contact Us

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at: