Terms of Service

1. Acceptance of Terms

By accessing and using Y'alloha (“the Service”), you accept and agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, do not use the Service.

2. Description of Service

Y'alloha is a web-based service for vacation rental owners that includes:

• Automatic transformation of 5-star guest reviews into branded social media posts
• Connections to your Airbnb/Hospitable account to retrieve guest reviews, or manual review entry
• Generation of professional, customizable graphics from review text
• AI-powered captions you can personalize to your brand voice
• Posting approved content to your Facebook and Instagram accounts
• Affiliate Referral Program: A system that connects hosts with content creators and affiliates who promote properties in exchange for commissions on attributed bookings.
• Guest Wallet Passes (patent-pending): Digital passes delivered to guests via Apple Wallet or Google Wallet containing their stay details (entry code, WiFi, check-out time, house rules). After checkout, passes automatically transition to loyalty cards with return booking discounts to encourage direct bookings.

The Guest Wallet Pass system is patent-pending technology developed and owned by Y'alloha. Unauthorized reproduction or imitation of this system is prohibited.

3. User Accounts

3.1 Account Creation

To use the Service, you must create an account with a valid email address and password. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use

3.2 Account Eligibility

You must:

• Be at least 18 years old
• Have legal authority to manage the properties and social media accounts you connect
• Provide accurate and complete information

4. Third-Party Integrations

4.1 Airbnb Integration

By connecting your Airbnb account, you authorize us to access your property data and guest reviews. You may also enter reviews manually without connecting Airbnb. You represent that you have the right to share this information with Y'alloha.

4.2 Facebook & Instagram Integration

By connecting your Facebook or Instagram account, you:

• Grant us permission to post content to your selected Facebook Pages and Instagram accounts
• Confirm you have admin or posting rights to those accounts
• Agree to Meta's Terms of Service and Platform Policy
• Acknowledge that posts are made on your behalf with your explicit approval

4.3 Third-Party Terms

Your use of third-party services (Airbnb, Facebook, Instagram) is subject to their respective terms of service. We are not responsible for changes to, or discontinuation of, third-party services.

5. User Content and Responsibilities

5.1 Your Content

You retain ownership of all content you upload (background images, customizations). By uploading content, you grant us a license to use, display, and process it solely to provide the Service.

5.2 Review Content

Guest reviews are retrieved from Airbnb. You are responsible for ensuring you have the right to publish reviews as social media posts. We do not verify the authenticity or legality of review content.

5.3 Prohibited Uses

You may not:

• Post false, misleading, or fraudulent reviews
• Use the Service to spam or harass
• Violate any applicable laws or regulations
• Infringe on others' intellectual property rights
• Attempt to bypass security or access restrictions
• Use automated tools to access the Service without authorization

6. Affiliate Program — Host Terms

By creating an affiliate program for your property on Y'alloha, you agree to the following:

6.1 Commission Obligation

You agree to pay the affiliate the commission rate specified in your program settings for each qualified booking attributed to that affiliate. Payment must be made within the payout window you define, calculated from the date of checkout confirmation.

6.2 Accurate Program Representation

You must accurately represent your commission rate, payout terms, and any conditions of your affiliate program. Misleading program descriptions may result in suspension.

6.3 Payout Records

Y'alloha maintains an audit log of all referral activity, commission calculations, and payout status. Failure to mark a commission as paid within 14 days of the payout deadline is automatically logged and visible to the affiliate.

6.4 Program Modification

You may modify your commission rate or program terms at any time. Changes apply only to new referrals initiated after the modification date. Commissions already earned by affiliates under prior terms remain payable at the original rate.

6.5 Termination

You may terminate your affiliate program or remove individual affiliates at any time. Pending commissions (for bookings already attributed) remain payable regardless of program termination. You cannot retroactively void commissions for completed bookings.

7. Affiliate Program — Affiliate Terms

By joining a host's affiliate program on Y'alloha, you agree to the following:

7.1 Accurate Representation

You must accurately represent the properties you promote. Misleading descriptions, fabricated amenities, or inflated claims about a property are prohibited.

7.2 No Incentivized Reviews

You may not offer guests any incentive (monetary or otherwise) in exchange for leaving positive reviews on any platform. This includes discounts, gifts, or preferential treatment contingent on review content.

7.3 FTC Disclosure Requirement

You must clearly disclose your affiliate relationship in accordance with Federal Trade Commission (FTC) guidelines. Any content promoting a property where you earn a commission must include a clear and conspicuous disclosure of the material connection (e.g., “I earn a commission if you book through my link”).

7.4 No Fraudulent Referrals

The following activities are strictly prohibited and will result in immediate removal from the affiliate program and forfeiture of unpaid commissions:

• Generating artificial clicks through bots, scripts, or click farms
• Self-referrals (booking through your own affiliate link)
• Cookie stuffing or forced clicks
• Misrepresenting the affiliate link as an official property link
• Any scheme to generate commissions without genuine guest referrals

7.5 Payout Expectations

The host pays commissions directly — not Y'alloha. Y'alloha facilitates tracking, attribution, and record-keeping only. Y'alloha does not hold, escrow, or guarantee commission payments. If a host fails to pay, Y'alloha will log the delinquency but is not financially liable for unpaid commissions.

8. Affiliate Commission Disputes

• Either party (host or affiliate) may request a commission review by contacting Y'alloha support
• Y'alloha will provide its audit log (referral timestamp, cookie data, booking event, commission calculation) as the authoritative record of the transaction
• Y'alloha does not adjudicate disputes between hosts and affiliates, nor does it act as a financial intermediary or guarantor of payment
• A pattern of unresolved disputes involving the same party may result in temporary or permanent suspension from the affiliate program

9. Affiliate Tracking Consent

By enabling the affiliate program and installing the Y'alloha tracking pixel:

• Host represents that they have the right to install tracking scripts on their direct booking site or property listing page, and that such installation complies with any agreements with their website host, booking platform, or property management system
• Host is responsible for including appropriate privacy policy and cookie disclosure language on their own website informing visitors that affiliate referral cookies may be set. Y'alloha provides suggested disclosure language but the host is solely responsible for compliance with applicable privacy regulations (GDPR, CCPA, etc.)

10. Affiliate Program — Platform Role

10.1 Y'alloha as Facilitator

Y'alloha operates the technology platform that facilitates the connection between Hosts and Affiliates. Y'alloha is not a party to the commission agreement between a Host and an Affiliate. The commission arrangement is a direct relationship between the Host and the Affiliate; Y'alloha provides tracking, attribution, and record-keeping services only.

10.2 Commission Payment Responsibility

Commission payment responsibility lies solely with the Host. Y'alloha does not hold, escrow, process, or guarantee any commission payments. Y'alloha is not financially liable for a Host's failure to pay earned commissions.

10.3 Frozen Terms Model

When an Affiliate enrolls in a Host's program, the commission terms in effect at enrollment are “frozen” as a snapshot. If a Host subsequently changes their program terms, the Affiliate receives 30 days' notice via email. Updated terms apply only after the notice period expires or the Affiliate affirmatively accepts, whichever comes first. Commissions earned under prior terms remain payable at the original rate.

10.4 Termination for Fraud or Platform Abuse

Y'alloha reserves the right to immediately terminate any user's access to affiliate features (whether Host or Affiliate) for fraud, platform abuse, or violation of these Terms. This includes but is not limited to: cookie stuffing, artificial traffic generation, self-referral schemes, manipulation of tracking data, or any activity that undermines the integrity of the affiliate program. All unpaid commissions are forfeited upon termination for fraud.

All affiliates are also subject to the Affiliate Terms of Service, which governs the platform-level affiliate participation agreement.

11. Third-Party Platform Compliance

The host is solely responsible for ensuring their use of Y'alloha's tracking pixel and affiliate program complies with the terms of service of all third-party platforms involved, including but not limited to:

• Google Tag Manager: Compliance with GTM Terms of Service regarding custom tags and data collection
• Hospitable / Property Management Systems: Compliance with PMS terms regarding data sharing, webhooks, and third-party integrations
• Booking platforms: Compliance with any OTA terms regarding external tracking on linked pages

Y'alloha is not responsible for any account suspension, penalty, or liability arising from the host's failure to comply with third-party platform terms.

12. Service Availability

We strive to provide reliable service but do not guarantee:

• Uninterrupted or error-free operation
• Availability at all times
• Compatibility with all systems

We may modify, suspend, or discontinue the Service at any time with reasonable notice.

13. Intellectual Property

12.1 Our Intellectual Property

The Service, including its design, features, and code, is owned by Y'alloha and protected by copyright and other intellectual property laws. You may not copy, modify, or create derivative works without our permission.

12.2 Generated Content

Images and captions generated by the Service are provided for your use. You own the rights to publish them as social media posts. We retain the right to display examples in marketing materials (with your permission).

14. Payment and Billing

Payment terms will be specified when subscription features are implemented. By subscribing, you agree to:

• Provide accurate payment information
• Pay all fees in accordance with the pricing plan
• Automatic renewal unless you cancel

We reserve the right to change pricing with 30 days' notice. Refunds are handled on a case-by-case basis.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, Y'ALLOHA SHALL NOT BE LIABLE FOR:

• Indirect, incidental, special, or consequential damages
• Loss of profits, revenue, or business opportunities
• Damage to reputation or brand
• Errors in posted content or social media engagement results
• Actions taken by third-party services (Facebook, Instagram, Airbnb)
• Unpaid affiliate commissions between hosts and affiliates
• Inaccurate referral tracking due to cookie deletion, browser settings, or third-party interference

Our total liability for any claim shall not exceed the amount you paid us in the 12 months preceding the claim.

16. Indemnification

You agree to indemnify and hold Y'alloha harmless from any claims, damages, or expenses arising from:

• Your use of the Service
• Your violation of these Terms
• Content you post through the Service
• Your violation of any third-party rights
• Disputes between you and another party regarding affiliate commissions

17. Termination

16.1 By You

You may terminate your account at any time from Settings. Upon termination, we will delete your data in accordance with our Privacy Policy.

16.2 By Us

We may suspend or terminate your account if you:

• Violate these Terms
• Engage in fraudulent activity
• Fail to pay applicable fees
• Use the Service in a way that harms others or the Service
• Accumulate a pattern of unresolved affiliate commission disputes

18. Dispute Resolution

17.1 Governing Law

These Terms are governed by the laws of the Commonwealth of Virginia, without regard to conflict of law provisions.

17.2 Arbitration

Any disputes arising from these Terms or the Service shall be resolved through binding arbitration, except where prohibited by law. You waive the right to participate in class actions.

19. Changes to Terms

We may update these Terms from time to time. Significant changes will be communicated via email or Service notification. Continued use after changes constitutes acceptance.

20. Miscellaneous

19.1 Entire Agreement

These Terms, along with our Privacy Policy, constitute the entire agreement between you and Y'alloha.

19.2 Severability

If any provision is found invalid, the remaining provisions remain in effect.

19.3 Waiver

Our failure to enforce any right or provision does not constitute a waiver.

21. Contact Us

If you have questions about these Terms, contact us:

• Email: support@yalloha.com
• Website: www.yalloha.com