Terms of Service

Last Updated: November 22, 2025

1. Agreement to Terms

By accessing or using Encore Stays ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Service.

Encore Stays is a software-as-a-service platform that enables vacation rental hosts ("Hosts" or "you") to create and manage loyalty programs, referral campaigns, and rewards systems for their guests.

2. Service Description

Encore Stays provides a subscription-based platform that allows Hosts to:

  • Create and manage loyalty programs for vacation rental guests
  • Design and run referral campaigns
  • Track guest engagement and reward redemption
  • Manage properties and seasonal pricing incentives
  • Communicate with guests regarding rewards and programs

The Service is provided on an "as-is" and "as-available" basis. We reserve the right to modify, suspend, or discontinue any part of the Service at any time with reasonable notice.

3. Account Registration and Eligibility

To use the Service, you must:

  • Be at least 18 years of age
  • Provide accurate, current, and complete information during registration
  • Maintain and update your account information to keep it accurate
  • Maintain the security of your account credentials
  • Be legally authorized to enter into this agreement

You are responsible for all activities that occur under your account. You must notify us immediately of any unauthorized access or security breach.

4. Subscription and Billing

4.1 Pricing

Encore Stays operates on a tiered subscription model based on the number of guests who have opted into your loyalty program:

  • Up to 100 guests: $29/month
  • 101-500 guests: $79/month
  • 501-2,000 guests: $199/month
  • 2,001+ guests: Custom enterprise pricing

It is free to set up an account and build a loyalty program. Billing begins when your first guest opts into your program.

4.2 Billing Terms

Subscriptions are billed monthly in advance. Your subscription will automatically renew each month unless you cancel before the renewal date. We reserve the right to change our pricing with 30 days' advance notice.

If payment fails, we will attempt to notify you and retry the payment. If payment remains unsuccessful after reasonable attempts, we may suspend or terminate your access to the Service.

4.3 Refunds

All fees are non-refundable except as required by law or as explicitly stated in these Terms. If you cancel your subscription, you will retain access to the Service until the end of your current billing period.

5. Acceptable Use

You agree not to use the Service to:

  • Violate any applicable laws or regulations
  • Infringe on the intellectual property rights of others
  • Transmit spam, unsolicited communications, or fraudulent content
  • Interfere with or disrupt the Service or servers
  • Attempt to gain unauthorized access to any part of the Service
  • Use automated systems to access the Service without our permission
  • Harass, abuse, or harm other users or their guests
  • Upload malicious code, viruses, or harmful software
  • Misrepresent your identity or affiliation

Violation of this acceptable use policy may result in immediate suspension or termination of your account.

6. Intellectual Property

The Service, including all software, algorithms, designs, text, graphics, logos, and other content (excluding your User Content), is owned by Encore Stays and is protected by copyright, trademark, and other intellectual property laws.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for your internal business purposes during your subscription term.

You retain all rights to content you upload to the Service ("User Content"), including property information, guest data, and program configurations. By uploading User Content, you grant us a license to use, store, and process that content solely to provide the Service to you.

7. Data and Privacy

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your information and the information of your guests.

You are responsible for obtaining all necessary consents from your guests before collecting and processing their personal information through the Service. You agree to comply with all applicable data protection laws, including GDPR, CCPA, and other privacy regulations.

8. Service Level and Uptime

While we strive to maintain high availability, we do not guarantee uninterrupted access to the Service. We may perform scheduled maintenance with advance notice when possible. We are not liable for any downtime, service interruptions, or data loss.

We implement industry-standard security measures to protect your data, including encryption, regular backups, and access controls. However, no system is completely secure, and you use the Service at your own risk.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ENCORE STAYS AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR:

  • Any indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, revenue, data, or business opportunities
  • Service interruptions, system failures, or data breaches
  • Errors, omissions, or inaccuracies in the Service
  • Third-party actions or content

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

10. Indemnification

You agree to indemnify, defend, and hold harmless Encore Stays and its affiliates from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from:

  • Your use or misuse of the Service
  • Your violation of these Terms
  • Your violation of any laws or regulations
  • Your User Content or loyalty programs
  • Your violation of any third-party rights

11. Term and Termination

These Terms begin when you first access the Service and continue until terminated by either party.

You may terminate your account at any time through your account settings or by contacting us. Termination will be effective at the end of your current billing period.

We may suspend or terminate your account immediately if you violate these Terms, fail to pay fees, or engage in conduct that we reasonably believe is harmful to other users or to us.

Upon termination, your right to access the Service will immediately cease. We will make reasonable efforts to allow you to export your data for 30 days after termination, after which we may delete your data in accordance with our data retention policies.

12. Modifications to Terms

We may modify these Terms at any time by posting updated Terms on our website. We will provide reasonable notice of material changes via email or through the Service. Your continued use of the Service after the effective date of modified Terms constitutes your acceptance of the changes.

If you do not agree to modified Terms, you must stop using the Service and may terminate your account.

13. Dispute Resolution and Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to conflict of law principles.

Any disputes arising from these Terms or your use of the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive relief in court to protect intellectual property rights.

You waive any right to participate in class action lawsuits or class-wide arbitration.

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Encore Stays regarding the Service.

14.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

14.3 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

14.4 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction.

14.5 Force Majeure

We are not liable for any failure to perform due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, or infrastructure failures.

15. Contact Information

If you have questions about these Terms, please contact us at:

Encore Stays
Email: legal@encorestays.com