BespokeVM Terms of Service

These Terms govern your access to and use of BespokeVM (the "Service"), provided by BespokeVM. By using the Service you agree to these Terms. If you use it on behalf of an organization, you represent that you are authorized to bind that organization.

1. The Service

BespokeVM is an operations platform for hotel operators and their vendors, including messaging, task, and audit tools. We may update or modify the Service over time and will use reasonable efforts not to materially degrade core functionality for active paid customers without notice.

2. Accounts & eligibility

Provide accurate account information and keep it current. You are responsible for your login credentials and all activity under your account, and must be at least 18. Notify us of any unauthorized use.

3. Acceptable use

You agree not to use the Service unlawfully; upload unlawful, infringing, or harmful content; send unsolicited or unauthorized messages (spam); attempt unauthorized access; reverse-engineer, copy, or resell the Service except as permitted by law; disrupt the Service; or use it to build a competing product.

4. Customer data & ownership

You own your data. You retain all rights to the content and data you submit ("Customer Data") and grant us a limited license to host and process it solely to provide and support the Service. You are responsible for having the rights and consents needed to submit it (for example, consent to text a person's mobile number).

5. Text messaging

The Service may send service-related text messages (sign-in links and task/audit notifications) to numbers provided by you or your users, who consent by providing a number. Frequency varies; message and data rates may apply; reply STOP to opt out or HELP for help. You are responsible for the right to message the numbers you add and for complying with messaging laws (including the TCPA). We do not use numbers or consent for third-party marketing.

6. Fees & billing

Paid features are billed per your plan or order, processed through Stripe. Unless an order states otherwise: fees are billed in advance, are non-refundable except where required by law, and paid subscriptions auto-renew until cancelled. We give reasonable notice before price changes; you are responsible for applicable taxes. Free or pilot plans may be modified or discontinued at any time.

7. Third-party services & our IP

Integrations you use are governed by their own terms; we are not responsible for third-party services. The Service, its software, design, and content (excluding Customer Data), is owned by BespokeVM and its licensors. We grant you a limited, non-exclusive right to use the Service during your subscription; all other rights are reserved. We may use feedback you send us without obligation.

8. Term, termination & data return

Either party may terminate for uncured material breach after reasonable notice; you may close your account anytime; we may suspend or terminate access for violations or to protect the Service. On termination your right to use the Service ends, you may request an export of Customer Data within 30 days, after which we delete or de-identify it per the Privacy Policy.

9. Disclaimers & limitation of liability

The Service is provided "as is" and "as available," without warranties of any kind to the fullest extent permitted by law; we do not warrant it will be uninterrupted, error-free, or secure. To the fullest extent permitted by law, neither party is liable for indirect, incidental, special, consequential, or punitive damages, or lost profits or data; our total liability will not exceed the amounts you paid us in the twelve months before the claim (or US $100 on a free plan).

10. Indemnification

You will defend and indemnify us against third-party claims arising from your Customer Data or your use of the Service in violation of these Terms or law, except to the extent caused by our breach.

11. Governing law

These Terms are governed by the laws of the State of California. The exclusive venue for disputes is the state and federal courts in San Francisco County, California, and the parties will first try to resolve disputes informally in good faith.

12. Changes & contact

We may update these Terms and will revise the date above when we do. BespokeVM · 1144 Pine St, San Francisco, CA 94109 · support@bespokevm.com