Terms of Service

1.What Holuway is, and is not

Holuway is a marketplace and software. Renters and guests use it to find homes, stays, cars and spaces and to apply, book, sign and pay. Landlords, property managers and hosts use it to list, screen applications themselves, sign leases, collect payments and manage their properties.

Holuway is not a landlord, property manager, real estate broker or agent, and is not a party to any lease, rental, booking or other agreement between users. Each landlord or host is responsible for their property, their listing, their decisions on applications and bookings, and their agreements. Holuway does not verify every listing or user, does not inspect properties, and does not give legal, tax or financial advice.

2.Accounts

You must be 18 or older and able to make a binding contract. Give accurate information and keep it current. Keep your password secret; you are responsible for activity on your account. Tell us at once at support@holuway.com if you think someone else is using it. We may suspend or close accounts that break these Terms or put others at risk.

3.Listings

Landlords and hosts must have the right to offer what they list, describe it accurately, show prices and fees honestly, keep availability current, and follow every law that applies to them, including fair housing, licensing, safety, short-term rental and tax rules. A listing must describe the home, not who should live there: see our Fair Housing commitment.

Some listings describe places that have not joined Holuway, based on public records and sources we have permission to use. They are marked as such, their information may be incomplete or out of date, and requests about them are held until the place joins. An operator may claim such a listing with proof of ownership or management, or ask us to remove it at places opt-out.

4.Applications, tours and leases

Information you give in an application must be true and complete. Your application goes to the landlord, who decides on it under their own criteria, which they must apply equally and lawfully. Holuway does not decide applications.

A lease is between the landlord and the tenants. Holuway provides the signing tools and, where offered, lease text a landlord may choose; the landlord is responsible for their lease and for choosing one suited to their property and law. You agree to sign and receive lease documents electronically when you choose to sign through Holuway, as the signing page explains, and you may ask for paper copies.

5.Payments and fees

Payments run through Stripe, our payment processor, and are subject to Stripe's terms. Rent and application fees are paid to the landlord's own Stripe account; Holuway does not hold that money. Any fee Holuway or the processor charges you, such as a card processing fee, is shown before you pay.

An application fee is set by the landlord and is refundable only as the landlord decides or the law requires; a landlord may refund it through Holuway. Rent refunds, deposits and their return are between the tenant and the landlord, under the lease and the law.

Landlord and host plans are billed in advance each month to the card on file until cancelled. You can cancel at any time; cancellation takes effect at the end of the billing period, and amounts already paid are not refunded except where the law requires. We will give at least 30 days' notice of a price increase for an active plan. Marketplace commissions for stays and spaces are deducted from each booking as the listing terms state.

6.Stays, cars and spaces

A booking is an agreement between the guest or customer and the host. Prices, house rules and cancellation terms are those shown on the listing at the time of booking. A card may be authorized when you request a booking and charged when the host accepts. Hosts are responsible for permits, taxes, insurance and the safety of what they offer.

7.Rules for using Holuway

You agree not to:

• post false, misleading, discriminatory or infringing content, or list something you have no right to rent;
• ask for or accept payment outside the Services to avoid fees, or use the Services for fraud, scams or money laundering;
• harass, threaten or discriminate against anyone;
• use another person's information, account or identity without permission;
• copy, scrape or harvest listings or user data by automated means, except search engines following our robots.txt, or interfere with the Services' security or operation;
• break any law.

You can report a listing or a user from the listing page or by emailing support@holuway.com. We may remove content and suspend accounts that break these rules.

8.Your content

You keep the rights to what you upload, such as photos, descriptions, documents and messages. You give Holuway a non-exclusive, worldwide, royalty-free license to host, display, adapt and distribute it as needed to run and promote the Services, for example to show your listing in search results and on maps. You confirm you have the rights needed to give this license. The license for listing content ends when you remove it, except for copies already shared or kept in backups and records.

9.Holuway's property

The Services, including their software, design, maps we produce and the Holuway name and logo, belong to Holuway and its licensors. You may use the Services only as these Terms allow.

10.Third-party services

The Services use and link to services we do not control, such as Stripe, map and imagery providers and property websites. Their terms and privacy policies apply to your use of them.

11.Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE EXTENT THE LAW ALLOWS, HOLUWAY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. HOLUWAY DOES NOT GUARANTEE THE ACCURACY OF LISTINGS, THE CONDUCT OF USERS, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

12.Limitation of liability

TO THE EXTENT THE LAW ALLOWS, HOLUWAY IS NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, DATA OR GOODWILL, ARISING FROM THE SERVICES OR FROM ANY LEASE, BOOKING OR DEALING BETWEEN USERS. HOLUWAY'S TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICES IS LIMITED TO THE GREATER OF $100 OR THE FEES YOU PAID HOLUWAY IN THE 12 MONTHS BEFORE THE CLAIM. These limits do not apply where the law does not allow them, including for fraud or willful misconduct.

13.Indemnity

If you use the Services as a landlord, property manager or host, you will defend and indemnify Holuway against claims, losses and costs, including reasonable attorney's fees, arising from your listings, properties, leases, bookings, or your breach of these Terms or the law.

14.Governing law and disputes

These Terms are governed by the laws of the State of Texas and applicable federal law. Before filing a claim, please contact us at support@holuway.com so we can try to resolve it within 30 days. Claims must be brought in the state or federal courts in Bexar County, Texas, and each party consents to their jurisdiction, except that either party may bring an individual claim in small claims court where it qualifies. Nothing in these Terms limits rights you have under consumer protection laws that cannot be waived.

15.Changes and ending

We may change these Terms by posting the new version here with a new date. For a material change we will tell you by email or in the Services at least 30 days before it takes effect; continuing to use the Services after that means you accept it. You may stop using the Services and close your account at any time. We may suspend or end access for a breach of these Terms. Sections that by their nature should survive, such as payments owed, content licenses, disclaimers, limits of liability and disputes, survive.

If any part of these Terms is unenforceable, the rest remains in effect. These Terms, with the policies they mention, are the entire agreement between you and Holuway about the Services.

16.Contact

Rykon Technologies Inc., 7550 W IH-10, Suite 800-2072, San Antonio, TX 78229. Email support@holuway.com or use our contact form.