Article I — Introduction
1.1 Welcome to ConsuStay
These Terms of Service (the “Terms”) are a legally binding agreement between you and ConsuStay, Inc., an Arizona corporation (“ConsuStay,” “we,” “our,” or “us”), governing your access to and use of the ConsuStay website, mobile applications, software, application programming interfaces (APIs), and related products and services (together, the “Platform”). Please read them carefully before creating an Account, listing a property, making a reservation, or otherwise using the Platform. By accessing or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms, the Privacy Policy, and the other policies incorporated by reference. If you do not agree, you must not use the Platform.
1.2 Our Marketplace
ConsuStay operates an online technology marketplace that enables property owners and authorized accommodation providers (“Hosts”) to advertise accommodations located in Mexico, and enables travelers (“Guests”) in the United States and Mexico to search for, reserve, and pay for them. ConsuStay provides software and technology services to facilitate communication, reservations, payment processing, and trust-and-safety features. ConsuStay does not own, lease, manage, furnish, inspect, maintain, operate, or control any accommodation listed on the Platform. Each Listing is independently created and controlled by its Host, and every Reservation is entered into directly between the Host and the Guest. Except as expressly stated in these Terms, ConsuStay is not a party to any agreement between a Host and a Guest.
1.3 Nature of the Platform
The Platform facilitates introductions and transactions between independent Users. Nothing in these Terms creates a landlord–tenant, agency, employment, partnership, joint-venture, or fiduciary relationship between ConsuStay and any User, or any relationship beyond the limited role described here. Hosts decide whether to accept Reservations and Guests decide whether to book, each independently.
1.4 No Guarantee
While we strive to provide a reliable marketplace, we do not guarantee the availability, accuracy, quality, safety, legality, or suitability of any Listing; the conduct of any User; uninterrupted access to the Platform; or the completion of any Reservation. Participation involves inherent risks associated with interacting with independent third parties and occupying privately owned accommodations.
1.5 Changes to the Platform and to these Terms
We may modify, suspend, or discontinue any part of the Platform at any time. We may also update these Terms to reflect changes in our business, technology, or legal obligations. When changes are material, we will provide reasonable notice (by email, in-Platform notice, or by posting the revised Terms), and the revised Terms take effect on the date specified. Continued use after that date constitutes acceptance, except where Applicable Law requires additional consent. If you do not agree, you must stop using the Platform.
1.6 Language and Contact
These Terms are drafted in English. Any translation is for convenience; the English version controls except where Applicable Law requires otherwise. Questions may be submitted through the ConsuStay Legal Center; formal legal notices must follow Article XX.
Article II — Definitions
Capitalized terms have the meanings below unless the context clearly requires otherwise. The singular includes the plural and vice versa; “including” means “including without limitation”; headings are for convenience only; and references to statutes include amendments and successor legislation.
“Account” — A registered user profile that enables a User to access Platform features, including creating Listings, making Reservations, messaging, receiving payouts, and managing bookings.
“Applicable Law” — All applicable federal, state, provincial, local, municipal, and international laws, regulations, ordinances, rules, court orders, licensing and tax requirements, and governmental directives, including the laws of the United States, the State of Arizona, and the United Mexican States.
“Booking” — A request submitted by a Guest to reserve a Listing through the Platform. A Booking becomes a Reservation only after it is accepted by the Host (or confirmed via eligible instant booking) and all required confirmation steps are completed under Section 5.4.
“Cancellation Policy” — The tier (Flexible, Moderate, or Strict) selected by a Host for a Listing, together with the ConsuStay Cancellation & Refund Policy and any mandatory consumer-protection requirements of Applicable Law.
“Content” — All information, text, graphics, photographs, video, audio, reviews, ratings, messages, software, logos, trademarks, designs, and other materials available through or submitted to the Platform. Content includes Platform Content and User Content.
“Guest” — A User who searches for, requests, books, reserves, occupies, or otherwise uses accommodations offered through the Platform.
“Host” — A User who publishes a Listing or offers accommodations through the Platform. Hosts act as independent parties responsible for their Listings and interactions with Guests.
“House Rules” — The rules, restrictions, and instructions a Host establishes for a Listing.
“Listing” — An accommodation offered for reservation through the Platform — an apartment, house, condominium, cabin, room, vacation rental, or other lodging — together with its descriptions, photographs, pricing, availability, amenities, and related information.
“Marketplace Services” — The technology services provided by ConsuStay, including account management, Listing tools, search, messaging, the booking workflow, payment facilitation, trust-and-safety features, and customer-support tools. Marketplace Services do not include the accommodations themselves.
“Platform” — The ConsuStay website, mobile applications, APIs, software, databases, and related products and services operated by ConsuStay.
“Reservation” — A confirmed Booking between a Host and a Guest for the use of a Listing during specified dates. A Reservation creates contractual obligations directly between the Host and the Guest, not between either and ConsuStay, except as expressly stated.
“Service Fees” — Fees charged by ConsuStay for providing Marketplace Services, separate from amounts charged by Hosts for accommodations.
“User” — Any individual or legal entity that accesses or uses the Platform, including Hosts, Guests, and visitors.
“User Content” — Any Content a User submits, uploads, publishes, or makes available through the Platform, including Listings, photographs, reviews, ratings, messages, and profile information.
“Verification” — Any identity, document, email, telephone, or address verification made available through the Platform. Verification is not a guarantee, certification, or endorsement of any User’s identity, trustworthiness, or future conduct.
Article III — Eligibility, Accounts, and Account Security
3.1 Eligibility
To use the Platform, you must be at least eighteen (18) years old (or the age of majority in your jurisdiction, whichever is greater), have legal capacity to contract, and not be barred under Applicable Law or previously suspended by ConsuStay. If you use the Platform for an entity, you represent that you are authorized to bind it.
3.2 Registration and Accurate Information
You agree to provide accurate, current, complete, and non-misleading information, to keep it updated, and not to impersonate others, use false identities, or submit fraudulent documents. We may request additional information to verify your identity or eligibility.
3.3 Identity Verification
To protect the Platform, we may require Verification before granting access to certain features. Verification may include government-issued identification, email or telephone verification, address verification, tax-identification information, or business-registration documentation. ConsuStay does not currently use facial-recognition or other biometric verification. If we introduce biometric verification in the future, we will do so only with the separate, express, informed consent required by Applicable Law, including applicable U.S. state biometric-privacy laws and the Mexican Federal Law on the Protection of Personal Data Held by Private Parties (LFPDPPP).
3.4 Account Credentials
You are responsible for keeping your credentials confidential, using reasonable security measures, and notifying us promptly of any suspected unauthorized access. You are responsible for activity under your Account, except to the extent Applicable Law provides otherwise (for example, protections against unauthorized charges).
3.5 One Account; No Misuse
Unless we authorize otherwise, each person or entity may maintain one primary Account. Creating multiple Accounts to evade enforcement, manipulate reviews, circumvent restrictions, obtain benefits improperly, or engage in deception is prohibited.
3.6 Suspension and Termination
We may suspend, limit, or terminate an Account where we reasonably believe it is necessary to protect Users, investigate suspected fraud, comply with Applicable Law, enforce these Terms, or protect the Platform. Where Applicable Law (including Mexican consumer law) requires advance notice before terminating a consumer account, we will provide it, except in cases involving fraud or safety. You may close your Account at any time; closure does not affect completed Reservations, outstanding payment obligations, pending disputes, or provisions that survive.
3.7 Communications
By creating an Account, you consent to receive electronic communications relating to your use of the Platform (booking confirmations, payment and security notices, policy updates, support, and legal notices). Marketing communications are sent only where permitted, and you may opt out of them without affecting essential service communications.
3.8 Survival
Provisions that by their nature should survive — including those on payments, taxes, dispute resolution, limitation of liability, indemnification, intellectual property, and record retention — survive Account closure or termination.
Article IV — Marketplace Services
4.1 Nature of the Services
ConsuStay provides an online technology platform that enables independent Hosts and Guests to discover one another, communicate, enter into Reservations, and facilitate payments through authorized third-party payment providers. ConsuStay is not a landlord, hotel operator, property manager, real-estate broker, travel agency, insurer, or guarantor, and is not the provider of any accommodation. Hosts remain responsible for their properties, pricing, availability, House Rules, and legal compliance; Guests remain responsible for their booking decisions and conduct.
4.2 Features
The Platform may provide property search and filtering, Listing-management tools, reservation requests and confirmations, secure messaging, payment facilitation through third-party providers, calendar management, ratings and reviews, Verification tools, customer-support resources, and trust-and-safety features. We may add, modify, or discontinue any feature at any time.
4.3 Reservation Facilitation and Communications
When a Guest submits a Booking and a Host accepts it (or an eligible instant booking is confirmed), the Platform facilitates creation of a Reservation, which creates obligations directly between Host and Guest. We may retain communications for support, fraud prevention, dispute resolution, legal compliance, and security. We do not routinely monitor private communications and may review them only where necessary to investigate suspected violations, protect Users, comply with Applicable Law, or respond to lawful requests, in accordance with the Privacy Policy.
4.4 Third-Party Services
The Platform integrates services from independent third parties, including payment processors, identity-verification providers, mapping and geolocation services, cloud hosting, email/SMS delivery, analytics, and fraud-detection providers. These are governed by their own terms and privacy policies, and ConsuStay is not responsible for their availability, security, or performance beyond its reasonable control.
4.5 Availability; Beta Features; Feedback
We use commercially reasonable efforts to keep the Platform available but do not guarantee uninterrupted or error-free operation. Beta features are provided “as is.” If you provide feedback, it is voluntary and non-confidential, and we may use it without restriction or compensation, subject to Article XI.
4.6 Reservation of Rights
Except for the limited rights expressly granted to Users, ConsuStay retains all right, title, and interest in the Platform, Marketplace Services, software, trademarks, designs, databases, algorithms, and related intellectual property. No rights are granted by implication or estoppel.
Article V — Guest Terms
5.1 Searching and Listing Information
Guests may search using criteria such as location, dates, occupancy, amenities, price, and accessibility. Search results are generated by automated systems and rankings are dynamic; we do not guarantee that every matching Listing appears or in any particular order. Each Listing is created and maintained solely by its Host, who is responsible for its accuracy. ConsuStay does not independently verify every statement, photograph, or representation in a Listing, and Guests should review Listings carefully.
5.2 Booking Requests and Confirmation
When submitting a Booking, the Guest represents that the information is accurate, that they are authorized to use the selected payment method, and that they have reviewed the Listing, House Rules, pricing, and Cancellation Policy. A Reservation is confirmed only after the Host accepts the Booking (or an eligible instant booking is confirmed), payment authorization succeeds, and the Platform issues a confirmation. If any step fails, no Reservation is created.
5.3 Pricing
The total price shown before checkout may include accommodation charges, cleaning fees, taxes, Service Fees, security deposits (if applicable), and other disclosed charges. Guests are responsible for reviewing the total before confirming. Confirmed prices are not changed after booking without the Guest’s consent, except as required by Applicable Law or these Terms.
5.4 Guest Responsibilities and Prohibited Conduct
Guests, and anyone they invite, must comply with these Terms and the Host’s House Rules, respect occupancy limits, use the property lawfully and reasonably, avoid damage beyond ordinary wear and tear, and respect neighbors. Guests must not provide false booking information, use unauthorized payment methods, exceed occupancy, host unauthorized parties, engage in unlawful activity, damage property, interfere with safety devices, or disturb neighbors. Guests are responsible for their entire party and any visitors.
5.5 Cancellations, Modifications, and Reservation Issues
Guests may cancel or modify Reservations in accordance with the applicable Cancellation Policy, the ConsuStay Cancellation & Refund Policy, and Applicable Law; a cancellation does not automatically entitle a Guest to a full refund. If a Guest experiences a material issue — such as inability to access the property, a significant discrepancy from the Listing, or a material health or safety concern — the Guest should promptly notify the Host and ConsuStay with supporting documentation. We may review the matter under our policies, but nothing here guarantees a refund or other remedy.
5.6 Damage and Acknowledgements
Guests are responsible for damage caused by themselves, their party, visitors, or permitted pets, handled under the Cancellation & Refund Policy (either a per-Listing security deposit or a post-stay claim). By booking, Guests acknowledge that accommodations are provided by independent Hosts, that ConsuStay does not control the condition or operation of Listings, that travel involves inherent risks, and that ConsuStay’s role is limited to Marketplace Services.
Article VI — Host Terms
6.1 Becoming a Host; Authority to List
To publish a Listing, you must maintain an active Account, satisfy the eligibility requirements, have legal authority to offer the accommodation, and comply with all Applicable Laws. You represent and warrant that you own the property or have all permissions necessary to offer it for short-term rental, and that your Listing complies with any lease, homeowners’-association, condominium, mortgage, licensing, or other restrictions that apply. ConsuStay does not verify your authority to rent.
6.2 Mexican Tax ID (RFC) Required
Because Listings are located in Mexico, each Host must provide a valid Mexican tax identification number (RFC) and keep it current as a condition of publishing a Listing and receiving payouts. Hosts who do not provide a valid RFC will be subject to the higher tax-withholding rates required by Applicable Law, and ConsuStay may withhold payouts or decline to publish a Listing until a valid RFC is provided. See Article VIII.
6.3 Listing Accuracy, Availability, and Pricing
Hosts are solely responsible for keeping each Listing accurate, complete, and current — including the accommodation description, amenities, accessibility features, occupancy limits, pricing, fees, House Rules, Cancellation Policy, and check-in procedures — and for maintaining accurate availability calendars. Hosts set their own pricing and must ensure all charges are accurate and transparent; undisclosed mandatory fees outside the booking process are prohibited. Repeated calendar inaccuracies may result in reduced Listing visibility.
6.4 Property Standards and Check-In
Hosts must maintain accommodations that are safe, clean, habitable, and accurately represented, and are solely responsible for maintenance, repairs, utilities, furnishings, safety equipment, and compliance with building, health, fire, and housing regulations. Hosts must provide Guests with reasonable access consistent with the Reservation, including accurate check-in instructions and, where applicable, access codes or keys. ConsuStay does not inspect or certify properties.
6.5 Host Cancellations
Hosts are expected to honor confirmed Reservations. If a Host cancels without a valid reason recognized by ConsuStay or required by Applicable Law, we may cancel the Reservation, assist the Guest in finding alternatives, issue refunds or credits under the applicable policies, charge cancellation fees, reduce Listing visibility, or suspend or terminate the Account. Genuine emergencies and circumstances beyond the Host’s reasonable control are considered.
6.6 Taxes, Insurance, and Compliance
Except for the Mexican income tax (ISR) and value-added tax (IVA) that ConsuStay is required to withhold and remit under Article VIII, Hosts are solely responsible for determining, collecting, reporting, and remitting all taxes applicable to their Listings, including the Mexican state lodging tax (Impuesto Sobre Hospedaje, “ISH”), other occupancy or lodging taxes, and income taxes. Hosts are solely responsible for obtaining appropriate insurance; ConsuStay does not provide property or liability insurance unless expressly stated in a separate written policy. Hosts are solely responsible for compliance with all Applicable Laws governing their accommodations, including licensing, permits, zoning, health and safety, anti-discrimination, and short-term-rental rules. Publication of a Listing is not legal advice or a determination of compliance.
6.7 Independent Business; Acknowledgements
Each Host operates independently. Nothing in these Terms creates an employment, agency, partnership, joint-venture, franchise, or fiduciary relationship between ConsuStay and any Host. By offering a Listing, each Host acknowledges that ConsuStay provides Marketplace Services only, does not manage or supervise the accommodation, and is not responsible for the Host’s legal or contractual compliance, and that Guests contract directly with the Host.
6.8 Removal of Listings
We may suspend, restrict, or remove a Listing that violates these Terms or our policies, contains materially inaccurate information, presents a safety or legal concern, or where the Host has engaged in fraud or repeated violations. Where appropriate, we may allow the Host to correct deficiencies before permanent removal, except where immediate action is necessary.
Article VII — Payments, Fees, and Financial Terms
7.1 Payment Facilitation Through Stripe Connect
Payments are processed by Stripe through its Stripe Connect platform and other authorized third-party payment providers. Stripe, as the licensed payment processor, holds and moves funds; ConsuStay facilitates payment instructions but does not take custody or control of Users’ funds, does not act as a bank, money transmitter, escrow agent, or other regulated financial institution, and does not accept deposits, in each case unless expressly required by Applicable Law. By using the Platform, you authorize ConsuStay to transmit payment instructions to Stripe as necessary to facilitate Reservations, refunds, payouts, and related transactions.
7.2 Stripe Connected Account Agreement (Hosts)
Hosts receive payouts as Stripe connected accounts and must accept and comply with the Stripe Connected Account Agreement (including the Stripe Services Agreement) as a condition of receiving payouts. Stripe may require identity and business verification (KYC) and may impose its own requirements. Payment processing is subject to Stripe’s terms, and ConsuStay is not responsible for delays, outages, declined transactions, currency conversion, or errors attributable to payment providers or financial institutions beyond its reasonable control.
7.3 Guest Authorization and Host Payouts
When submitting a Booking, the Guest authorizes ConsuStay and its payment providers to charge the selected payment method for accommodation charges, Service Fees, applicable taxes, security deposits (where applicable), approved modifications, authorized damage-related charges, and other amounts permitted under these Terms. Subject to successful collection and compliance with these Terms, ConsuStay will instruct Stripe to initiate Host payouts. Payout timing may depend on completion of check-in or the Reservation, fraud and Verification review, tax withholding, processor requirements, banking schedules, and Applicable Law. Displayed payout dates are estimates only.
7.4 Service Fees
ConsuStay charges Service Fees for Marketplace Services, which may be charged to Guests, Hosts, or both, and are disclosed before a User becomes obligated to complete a transaction. We may revise the fee structure prospectively; changes do not affect already-confirmed Reservations except as permitted by Applicable Law or these Terms.
7.5 Refunds
Refunds are governed by the applicable Cancellation Policy, the ConsuStay Cancellation & Refund Policy, Applicable Law, and mandatory consumer protections. The ConsuStay Service Fee is non-refundable, except where the Host cancels the Reservation or ConsuStay approves a refund or claim. Refunds are processed through Stripe to the original payment method; processing times depend on financial institutions and are outside ConsuStay’s control.
7.6 Chargebacks, Holds, Offsets, and Errors
If a User disputes a payment, we may investigate, request documentation, temporarily suspend related payouts, and cooperate with the payment provider; nothing guarantees a particular outcome. Where permitted by Applicable Law, we may withhold or offset funds when reasonably necessary to investigate fraud, resolve disputes, address damage claims, satisfy outstanding fees, or comply with legal obligations, only for the period reasonably necessary. If we discover a pricing or technical error, we may correct it, including reversing incorrect transactions where legally permitted.
7.7 Currency and Records
Listings may be displayed in different currencies; the transaction currency is identified before authorization. Exchange rates and foreign-transaction fees are set by payment providers or financial institutions and are outside ConsuStay’s control. Users are responsible for their own financial and tax records; ConsuStay does not provide accounting, tax, or financial advice.
Article VIII — Mexican Tax Withholding and Reporting
Why this article exists. Because every Listing is located in Mexico, ConsuStay operates as a digital intermediation platform (plataforma tecnológica) under Mexican tax law, which imposes mandatory withholding and reporting obligations. This article should be confirmed with Mexican tax counsel and coordinated with the Stripe Connect payout flow.
8.1 ConsuStay as a Digital Intermediation Platform
For transactions facilitated through the Platform, ConsuStay acts as a digital intermediation platform under the Mexican Income Tax Law (Ley del ISR) and Value-Added Tax Law (Ley del IVA). Where required, ConsuStay will register with the Mexican tax authority (Servicio de Administración Tributaria, “SAT”) and obtain a Mexican tax identification number (RFC).
8.2 Withholding of ISR and IVA
Where required by Applicable Law, ConsuStay will withhold Mexican income tax (ISR) and value-added tax (IVA) from the amounts otherwise payable to Hosts, at the rates prescribed by Applicable Law, and remit them to SAT. Hosts who do not provide a valid RFC will be subject to the higher withholding rates prescribed by Applicable Law. Hosts authorize these withholdings and deductions from their payouts.
8.3 Withholding Certificates (CFDI)
ConsuStay will issue the withholding certificates (Comprobante Fiscal Digital por Internet, “CFDI,” with the applicable technology-platform complement) required by Applicable Law, and will issue corrected certificates where amounts are refunded or adjusted.
8.4 Reporting to SAT
ConsuStay will report transaction information to SAT as required by Applicable Law, which may include Host identification and RFC, transaction amounts, and, for lodging, the address of each Listing, and may include providing SAT with access to transaction information. Users acknowledge and consent to this reporting, which is further described in the Privacy Policy.
8.5 Host Taxes; ISH
Except for the ISR and IVA that ConsuStay withholds under this article, Hosts remain solely responsible for their own tax obligations, including income tax and the Mexican state lodging tax (ISH), and for any registration, collection, reporting, and remittance those taxes require. ConsuStay does not collect or remit ISH unless it expressly agrees in writing or is required to do so by Applicable Law in a particular state.
8.6 No Tax Advice
This article describes ConsuStay’s platform obligations and does not constitute tax advice. Hosts and Guests are encouraged to consult qualified Mexican tax professionals regarding their own obligations. This article does not relieve any User of tax obligations that Applicable Law imposes on them independently.
Article IX — User Content, Reviews, and Communications
9.1 User Content and Ownership
Users may submit User Content and remain solely responsible for it. Except for the license below, Users retain the intellectual-property rights they hold in their User Content, and nothing transfers ownership to ConsuStay.
9.2 License to ConsuStay
By submitting User Content, you grant ConsuStay a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to host, store, reproduce, display, distribute, modify (solely for formatting, translation, accessibility, or technical compatibility), promote, and otherwise use your User Content as reasonably necessary to operate, maintain, improve, secure, advertise, and provide the Marketplace Services. This license continues while your User Content remains on the Platform and thereafter as reasonably necessary for legal compliance, dispute resolution, backup, or enforcement. This license does not purport to waive any moral rights (derechos morales) that cannot be waived under Applicable Law.
9.3 Representations
By submitting User Content, you represent that you own it or have sufficient rights, that it does not infringe third-party rights, that it is accurate to the best of your knowledge, that it complies with Applicable Law and these Terms, and that you have any permissions required from identifiable individuals shown.
9.4 Reviews and Integrity
Following a completed Reservation, eligible Users may submit reviews and ratings that reflect their genuine experience, are truthful and relevant, and avoid offensive, discriminatory, or abusive language. Users must not submit false reviews, review their own Listings, coordinate fraudulent reviews, exchange compensation for reviews, threaten others to obtain or remove reviews, or otherwise manipulate ratings. Reviews reflect the reviewer’s opinion, not ConsuStay’s.
9.5 Moderation; No Duty to Monitor
We may (but are not obligated to) review, restrict, edit for formatting or legal compliance, remove, or refuse to publish User Content we reasonably believe violates these Terms or Applicable Law, infringes rights, is unlawful or misleading, threatens safety or security, or constitutes spam. We have no general obligation to monitor, and failure to remove Content is not approval or endorsement. Copyright complaints are handled under the Copyright & DMCA Policy.
9.6 Communications; Off-Platform Circumvention
Users are responsible for their communications and must not use Platform messaging to harass, engage in unlawful activity, distribute malware, or send spam. To protect Users and the marketplace, Users must not knowingly use Platform communications to solicit or arrange transactions intended to bypass ConsuStay’s booking and payment systems. We may investigate and take enforcement action against circumvention. Nothing in this Section prohibits communications or transactions that Applicable Law protects.
Article X — Prohibited Conduct and Enforcement
10.1 Prohibited Conduct
Users must not, directly or indirectly: violate these Terms, any incorporated policy, or Applicable Law; submit false or fraudulent information; impersonate others; create multiple Accounts to evade enforcement; manipulate reviews, ratings, or search; use stolen or unauthorized payment methods; engage in money laundering or financial fraud; harass, threaten, or abuse others; discriminate in violation of Applicable Law; damage property; distribute malware; interfere with the Platform’s operation or security; attempt unauthorized access; scrape or harvest data without authorization; reverse engineer the Platform except where Applicable Law permits; or encourage others to do any of the foregoing.
10.2 Sanctions, AML, and Financial-Crime Compliance
You represent and warrant that you are not identified on any U.S., Mexican, United Nations, or other applicable sanctions or denied-parties list, are not owned or controlled by such a person, and are not located in a comprehensively sanctioned jurisdiction. You must not use the Platform to launder money, finance unlawful activity, evade sanctions, or misuse payment systems. We may screen Users and transactions against sanctions and watchlists and may suspend, delay, or decline transactions or Accounts as reasonably necessary to comply with Applicable Law (including U.S. OFAC requirements and Mexican anti-money-laundering law) or requests from competent authorities.
10.3 Investigations and Enforcement
We may investigate suspected violations, including by requesting information, reviewing Account activity, preserving evidence, temporarily restricting access, and cooperating with authorities where legally required or appropriate. Where we reasonably determine a violation has occurred or enforcement is necessary, we may, where permitted by Applicable Law, issue warnings, remove or restrict Content, suspend Listings, cancel Reservations where reasonably necessary, restrict Account functionality, suspend or terminate Accounts, withhold payouts as permitted, or pursue available legal remedies. Enforcement is generally proportionate to the conduct, though immediate action may be taken for fraud, significant safety concerns, or legal obligations.
10.4 Reporting; Cooperation; No Waiver
Users are encouraged to report suspected violations in good faith; knowingly false reports are themselves violations. Where required by Applicable Law or valid legal process, we may disclose information to authorities. A decision not to enforce a provision in one instance is not a waiver of the right to enforce it later. Enforcement rights are cumulative and in addition to other remedies.
Article XI — Intellectual Property
11.1 Ownership and License to Use
The Platform and its software, code, databases, interfaces, design, graphics, text, logos, trademarks, documentation, algorithms, and related intellectual property (the “Platform IP”) are owned by or licensed to ConsuStay. Subject to these Terms, we grant each User a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform for its intended purpose. No ownership rights are transferred, and no rights arise by implication or estoppel.
11.2 Restrictions and Trademarks
Except as expressly authorized in writing or permitted by Applicable Law, Users must not copy, distribute, publicly display, modify, create derivative works from, sell, license, reverse engineer, or commercially exploit the Platform IP; remove proprietary notices; or use automated tools to collect Platform data except as permitted. The ConsuStay name, logos, and brand elements are the exclusive property of ConsuStay; no right to use them is granted except to identify the Platform truthfully and non-misleadingly.
11.3 Feedback
If you voluntarily submit ideas, suggestions, or feedback, you agree they are non-confidential and that ConsuStay may use, modify, implement, and commercialize them without restriction or compensation. This is the single feedback provision governing all feedback under these Terms.
11.4 User Content; Copyright; Injunctive Relief; Survival
Users retain ownership of User Content as provided in Article IX, subject to the license there. Copyright and other intellectual-property complaints are handled under the Copyright & DMCA Policy. Because unauthorized use of Platform IP may cause irreparable harm, ConsuStay may seek injunctive or equitable relief in addition to other remedies where permitted by Applicable Law. This article survives termination to the extent necessary to protect ConsuStay’s and its licensors’ intellectual property.
Article XII — Privacy, Data Protection, and Electronic Communications
12.1 Privacy Policy Incorporated
Our collection, use, storage, disclosure, and protection of personal information are governed by the ConsuStay Privacy Policy, which is incorporated by reference and serves as our privacy notice (aviso de privacidad) under the LFPDPPP and our privacy disclosure under applicable U.S. state law. By using the Platform, you acknowledge that you have read and understood it.
12.2 Mexican Data-Protection Rights (ARCO)
Users in Mexico may exercise their rights of Access, Rectification, Cancellation, and Opposition (ARCO), revoke consent, and limit the use or disclosure of their personal data, in accordance with the LFPDPPP and the procedures in the Privacy Policy. The supervisory authority is Mexico’s Secretariat of Anti-Corruption and Good Governance (Secretaría Anticorrupción y Buen Gobierno), which exercises the data-protection functions formerly held by INAI. Where we process financial or sensitive data, or transfer personal data across borders, we rely on your express consent and/or another lawful basis as required by the LFPDPPP.
12.3 U.S. Privacy Rights and International Transfers
Users in the United States may have rights under applicable state law, including the CCPA/CPRA, as described in the Privacy Policy. We do not sell personal information for money. Personal data may be processed in the United States and Mexico; by using the Platform, Users in Mexico consent to the cross-border transfer of their data to the United States for the purposes described in the Privacy Policy.
12.4 Security and Breach Notification
We use reasonable administrative, technical, and organizational safeguards to protect personal information but cannot guarantee absolute security. If a security breach materially affects your personal data, we will notify affected Users and authorities as required by Applicable Law and within the timeframes it prescribes.
12.5 Electronic Communications, Records, and Cookies
You consent to receive electronic communications relating to your use of the Platform, which satisfy any legal requirement that communications be in writing where permitted. To the extent permitted by Applicable Law, electronic records and signatures (including clicks or taps) have the same legal effect as paper records and handwritten signatures. Cookies and similar technologies are described in the Cookie Policy, and non-essential cookies are used with consent as required by Applicable Law. You may opt out of marketing communications at any time without affecting transactional or legally required communications.
Article XIII — Trust, Safety, and Platform Integrity
13.1 Trust and Safety Measures
We may implement measures to reduce fraud and promote safety, including Verification, payment verification, fraud-detection tools, activity monitoring, review systems, reporting tools, Listing moderation, and automated risk assessment. These measures may change over time and are intended to reduce, not eliminate, risk.
13.2 No Guarantee of Safety
We do not represent or warrant that any User is trustworthy, that Verification is error-free, that a Listing is safe, legal, or suitable, that a Reservation will proceed without incident, or that harmful conduct will not occur. Users remain responsible for exercising reasonable judgment before, during, and after interacting with others or occupying any accommodation, and should not rely exclusively on Verification.
13.3 Responsibilities and Emergencies
Hosts are responsible for maintaining accommodations in compliance with Applicable Law and providing a reasonably safe environment consistent with their Listings, including building and fire codes, required safety equipment, and addressing known hazards. Guests are responsible for acting with reasonable care, following House Rules, and promptly reporting safety concerns. ConsuStay is not an emergency-response service; in an emergency, Users should contact local emergency services or law enforcement first. We may cooperate with emergency responders and authorities where required or permitted by Applicable Law.
13.4 Investigations and Emergency Actions
Where we reasonably believe immediate action is necessary to protect Users, comply with Applicable Law, or preserve Platform integrity, we may suspend Listings, restrict Account access, cancel pending Reservations where reasonably necessary, delay payouts as permitted, or take other proportionate protective measures, acting reasonably and consistently with Applicable Law.
Article XIV — Disclaimers of Warranties
14.1 “As Is”
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM AND MARKETPLACE SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. EXCEPT AS EXPRESSLY STATED IN THESE TERMS, CONSUSTAY MAKES NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
14.2 No Warranty as to Listings, Users, or Availability
ConsuStay does not own, manage, inspect, or control accommodations and does not warrant the condition, accuracy, availability, legality, quality, or suitability of any Listing, or compliance by any Host with Applicable Law. We do not warrant the identity, honesty, or conduct of any User, and Verification and reviews are not guarantees or endorsements. We do not warrant that the Platform will be uninterrupted, error-free, or free of harmful components.
14.3 No Professional Advice; No Guarantee of Income or Security
Information provided through the Platform is for general purposes only and is not legal, tax, accounting, financial, insurance, engineering, or safety advice. We do not guarantee that Hosts will receive Reservations, any occupancy or income level, search ranking, or business success, and we do not guarantee personal safety, property security, or the prevention of criminal conduct, fraud, or cyber incidents. Interactions with independent third parties involve inherent risks.
14.4 Consumer Rights Preserved
Nothing in these Terms excludes, limits, or modifies any warranty, guarantee, condition, remedy, or right that cannot lawfully be excluded or limited under Applicable Law, including mandatory Mexican consumer protections. Where such protections apply, the disclaimers in this article apply only to the maximum extent permitted by Applicable Law.
Article XV — Limitation of Liability
15.1 Marketplace Role
This article allocates risk between ConsuStay and Users and is an essential basis of the agreement; the Service Fees reflect this allocation. ConsuStay provides Marketplace Services only and is not a party to agreements between Hosts and Guests, and is generally not responsible for disputes arising from the condition of accommodations, property maintenance, User conduct, cancellations, injuries at a Listing, property damage, or contractual obligations between Hosts and Guests.
15.2 Exclusion of Certain Damages
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CONSUSTAY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, LICENSORS, CONTRACTORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, BUSINESS, GOODWILL, ANTICIPATED SAVINGS, OR DATA, OR BUSINESS INTERRUPTION OR EMOTIONAL DISTRESS, ARISING OUT OF OR RELATING TO THE PLATFORM, MARKETPLACE SERVICES, A LISTING, A RESERVATION, OR THESE TERMS, REGARDLESS OF THE LEGAL THEORY AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
15.3 Cap on Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF CONSUSTAY ARISING OUT OF OR RELATING TO THESE TERMS, THE PLATFORM, OR MARKETPLACE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE TOTAL SERVICE FEES YOU PAID TO CONSUSTAY IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US $100). THIS LIMIT APPLIES REGARDLESS OF THE NUMBER OF CLAIMS.
15.4 Exceptions
Nothing in these Terms excludes or limits liability that cannot be excluded or limited under Applicable Law, including, where applicable, liability for fraud or fraudulent misrepresentation, willful misconduct, gross negligence where non-waivable, death or personal injury resulting from negligence where exclusion is prohibited, and violations of non-waivable consumer rights. The exclusions and cap in this article do not apply to the extent prohibited by Applicable Law.
15.5 Third-Party Services and Force Majeure; Survival
ConsuStay is not responsible for losses arising from third-party services (payment processors, financial institutions, hosting, mapping, telecommunications, or Verification providers) or from events beyond its reasonable control, as described in the force-majeure provision in Article XIX. This article survives termination and applies to claims arising before or after termination to the extent permitted by Applicable Law.
Article XVI — Indemnification
16.1 General Indemnification
To the fullest extent permitted by Applicable Law, you agree to defend, indemnify, and hold harmless ConsuStay, its parent, subsidiaries, affiliates, officers, directors, employees, contractors, licensors, service providers, successors, and assigns (the “ConsuStay Parties”) from claims, demands, actions, liabilities, damages, judgments, settlements, penalties, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to your use of the Platform, your violation of these Terms or Applicable Law, your violation of another’s rights, your User Content, or your fraud, negligence, or willful misconduct. This obligation applies only to the extent the claim arises from your own acts or omissions and does not apply to the extent a claim results from a ConsuStay Party’s own negligence, willful misconduct, or fraud, or from liability that cannot be shifted under Applicable Law.
16.2 Host and Guest Indemnification
In addition, each Host indemnifies the ConsuStay Parties from claims relating to the ownership, operation, or maintenance of a Listing; injuries at a Listing; property defects or unsafe conditions; failure to comply with building, fire, health, zoning, housing, accessibility, licensing, or short-term-rental laws; tax obligations; inaccurate Listings; Host cancellations; and disputes with Guests. Each Guest indemnifies the ConsuStay Parties from claims relating to damage to a Listing; injury caused by the Guest or their party; unauthorized occupants or visitors; violation of House Rules; unlawful activity during a Reservation; and disputes arising from the Guest’s conduct.
16.3 Procedures and Survival
We will provide reasonable notice of a claim where practicable; the indemnifying User may participate in the defense at its own expense, subject to ConsuStay’s right to retain counsel of its choosing; and no settlement affecting ConsuStay’s rights or obligations may be entered without ConsuStay’s prior written consent, not to be unreasonably withheld. This article survives termination.
Article XVII — Dispute Resolution, Arbitration, and Governing Law
Please read this article carefully. For U.S. Users, it requires most disputes to be resolved by binding individual arbitration and waives the right to a jury trial and to participate in class actions. You may opt out of arbitration within 30 days as described in Section 17.5. It does not limit non-waivable rights of Users in Mexico.
17.1 Informal Resolution First
Before starting arbitration or litigation, the parties agree to try in good faith to resolve the dispute informally. A party must send a written notice describing the dispute, the relief sought, and relevant Account information to the address in Article XX, and the parties will attempt to resolve it for at least sixty (60) days, unless immediate relief is needed to preserve rights or comply with Applicable Law.
17.2 Governing Law
These Terms are governed by the laws of the State of Arizona, U.S.A., and applicable U.S. federal law, without regard to conflict-of-laws principles; the Federal Arbitration Act governs Section 17.3. This choice of law does not deprive a User who is a consumer of the protection of non-waivable provisions of the law of that consumer’s country of habitual residence. For Users resident in Mexico, nothing in these Terms limits mandatory, non-waivable rights under the Federal Consumer Protection Law (Ley Federal de Protección al Consumidor) or other Mexican law, and any dispute that Mexican law requires to be heard in Mexico or under Mexican law will be so heard.
17.3 Agreement to Arbitrate (U.S. Users)
Except as provided in this article, you and ConsuStay agree that any dispute arising out of or relating to these Terms or the Marketplace Services will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect. The arbitration will be seated in Arizona, and may proceed by videoconference or, for claims under the applicable threshold, on documents. The arbitrator may award the same individual relief a court could, and the award may be entered in any court of competent jurisdiction.
17.4 Delegation
The arbitrator has exclusive authority to resolve any dispute about the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that it is void or voidable — except that a court decides the enforceability of the class-action waiver in Section 17.6.
17.5 30-Day Right to Opt Out
You may opt out of this arbitration agreement within thirty (30) days after first accepting these Terms by sending written notice to support@consustay.com stating your name, Account, and intent to opt out of arbitration. Opting out does not affect any other part of these Terms and will not adversely affect your use of the Platform.
17.6 Class-Action Waiver
To the fullest extent permitted by Applicable Law, disputes will be resolved only on an individual basis, and neither party may bring or participate in a class, collective, consolidated, or representative action. If this waiver is found unenforceable as to a particular claim, that claim — and only that claim — will be severed and proceed in court, while all other claims remain in arbitration.
17.7 Coordinated and Mass Arbitrations
If twenty-five (25) or more similar claims are asserted against ConsuStay by or with the assistance of the same or coordinated counsel, the claims will be administered under any applicable AAA mass- or multiple-consumer-arbitration procedures, and the parties agree to a staged, bellwether process: a limited number of representative cases may be arbitrated first, followed by a mediation of the remaining claims, before the remaining cases proceed. Applicable filing and administrative fees will be handled in accordance with the AAA rules governing such proceedings.
17.8 Exceptions to Arbitration
Either party may bring an individual action in small-claims court if it qualifies, and either party may seek injunctive or other equitable relief in court to protect intellectual property, confidential information, or Platform security, or to prevent fraud or preserve evidence. These exceptions do not waive the arbitration agreement as to other claims.
17.9 Venue for Non-Arbitrable Disputes; Time Limit
For disputes not subject to arbitration (including where a User has opted out or where arbitration is unavailable), the state and federal courts located in Arizona have jurisdiction, subject to Section 17.2 and to any mandatory venue rules of Mexican law for Mexican consumers. To the fullest extent permitted by Applicable Law, any claim must be commenced within one (1) year after it arose or reasonably should have been discovered; this limitation does not apply where a longer period is required by Applicable Law, and does not shorten any non-waivable statutory period for Mexican consumers.
17.10 Severability and Survival
If any part of this article is held invalid or unenforceable, the remainder stays in effect, except that if the class-action waiver in Section 17.6 is held unenforceable as to all claims, the arbitration agreement is void as to those claims. This article survives termination.
Article XVIII — Miscellaneous
18.1 Entire Agreement and Incorporated Policies
These Terms, together with the documents incorporated by reference — the Privacy Policy, Cancellation & Refund Policy, Copyright & DMCA Policy, Cookie Policy, and Community Guidelines, and any service-specific supplemental terms — are the entire agreement between you and ConsuStay regarding the Platform and supersede prior agreements on the same subject.
18.2 Order of Precedence
In case of conflict, the following order applies unless otherwise stated: (1) mandatory provisions of Applicable Law; (2) these Terms; (3) service- or feature-specific supplemental terms; (4) other incorporated policies. Nothing limits any non-waivable legal right.
18.3 Assignment
ConsuStay may assign or transfer its rights and obligations, including in connection with a merger, acquisition, restructuring, sale of assets, or financing. You may not assign your rights or obligations without ConsuStay’s prior written consent, except where Applicable Law provides otherwise.
18.4 Force Majeure
ConsuStay is not liable for delays or failures to perform resulting from events beyond its reasonable control, including natural disasters, floods, earthquakes, hurricanes, pandemics or epidemics, war, terrorism, civil unrest, labor disputes, governmental actions, utility or internet outages, cyber incidents, and failures of third-party infrastructure. Where practicable, ConsuStay will use commercially reasonable efforts to resume performance. This is the single force-majeure provision governing these Terms.
18.5 No Waiver; Severability; Relationship; No Third-Party Beneficiaries
A failure to enforce a provision is not a waiver, and waivers must be in writing by an authorized representative. If a provision is held invalid, it will be modified to the minimum extent necessary or severed, and the rest remains in effect. Nothing creates an employment, partnership, joint-venture, agency, franchise, or fiduciary relationship between ConsuStay and any User. Except as expressly stated (including the app-store provisions in Article XIX), these Terms are for the benefit of ConsuStay and the applicable User only, and no third party may enforce them.
18.6 Amendments; Electronic Acceptance; Interpretation; Survival
We may amend these Terms as described in Section 1.5, with material changes taking effect after reasonable notice. By clicking “I Agree,” creating an Account, publishing a Listing, making or accepting a Reservation, or otherwise using the Platform, you agree to be bound. Headings are for convenience only, and any provision that by its nature should survive — including payment obligations, tax provisions, intellectual property, indemnification, limitations of liability, dispute resolution, and privacy obligations — survives termination.
Article XIX — Platform Features, Artificial Intelligence, Beta Services, and App Stores
19.1 Continuous Development
We continually develop and improve the Platform, and the Marketplace Services may evolve through the addition, modification, or removal of features. Nothing obligates us to maintain any particular feature indefinitely.
19.2 Artificial Intelligence Features
The Platform may in the future include artificial-intelligence or machine-learning features, such as personalized recommendations, search optimization, translations, messaging assistance, support tools, fraud detection, or pricing suggestions. Any such AI features are limited and, at present, forward-looking. AI-generated information is provided for convenience only, may be inaccurate or incomplete, is not professional advice, and does not replace independent judgment; Users remain responsible for decisions made using it. Where an automated decision produces a significant effect on you, you may object and request human review as described in the Privacy Policy and required by Applicable Law.
19.3 Beta Features and Integrations
We may release experimental or beta features, which are provided “as is” and may change or be discontinued. The Platform may integrate third-party products (payment providers, calendars, mapping, smart-lock, property-management, and communication services), governed by the third party’s own terms; we are not responsible for their availability, functionality, or security beyond our reasonable control.
19.4 Mobile Applications and App Stores
If you download a ConsuStay mobile application from a third-party app store (such as the Apple App Store or Google Play), your use is also subject to that store’s terms, and you are responsible for maintaining compatible devices and installing updates. You represent that you are not located in a jurisdiction subject to a U.S. embargo or designated as terrorist-supporting, and that you are not on a U.S. prohibited-parties list. Where required by the applicable app store, Apple Inc. or Google LLC (as applicable) is a third-party beneficiary of these Terms with respect to your license to use the application and may enforce these Terms against you; to that limited extent, the “no third-party beneficiaries” provision in Section 18.5 does not apply. The app-store provider is not responsible for the application or for support, warranties, or claims relating to it, except as required by Applicable Law.
19.5 Push Notifications and Future Services
Where enabled, we may send push notifications about Reservations, messages, payments, security, and, with your consent, promotions; you can manage these in your device or Account settings, subject to legally required communications. We may introduce additional Marketplace Services (such as subscriptions, business accounts, or loyalty programs) that may be governed by supplemental terms, provided such changes comply with Applicable Law and do not reduce non-waivable User rights.
Article XX — Contact Information, Legal Notices, and Effective Date
20.1 Contracting Entity and Support
These Terms are entered into with ConsuStay, Inc., an Arizona corporation, 1980 Colorado Blvd, Bullhead City, Arizona 86442, U.S.A. Users may contact support through the channels made available on the Platform (Help Center, in-app support, email, or live chat); availability may vary by region and language.
20.2 Legal Notices
Legal notices to ConsuStay must be in writing, identify the sender, describe the matter with reasonable detail, and be delivered to the contact designated in the ConsuStay Legal Center or to support@consustay.com. We may provide notices to you by email, in-app or Platform notice, push notification, or posting in the Legal Center; notices are deemed received when sent or made available, except where Applicable Law requires otherwise. You are responsible for keeping your contact information current.
20.3 Specialized Contacts
Privacy inquiries and ARCO/CCPA requests: support@consustay.com. Copyright/DMCA notices: the Designated Agent identified in the Copyright & DMCA Policy at support@consustay.com. Trademark and other intellectual-property matters: support@consustay.com. Accessibility requests: the contact published on the Platform.
20.4 Language, Effective Date, and Acknowledgement
Official legal communications are conducted in English unless Applicable Law or ConsuStay states otherwise. These Terms take effect on the Effective Date published with them and apply to all Users who access or continue using the Platform after that date, subject to Applicable Law. By using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and the policies incorporated by reference. If you do not agree, you must not use the Platform.