Terms of Service

1. Acceptance of Terms

By accessing or using Pomello (“the Service”), you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these terms, do not access or use the Service. These terms apply to all property managers, guests, and any other individuals who access the platform. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these terms.

2. Description of Service

Pomello is a property management platform that enables rental property managers to view and manage reservations, communicate with guests, and offer add-on services such as pool heating. Guests access a limited portal to manage their stays and make payments for add-ons.

We reserve the right to modify, suspend, or discontinue any part of the Service at any time with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

3. Accounts and Access

• Property manager accounts are provisioned by Pomello administrators. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.
• Guest access is granted via a unique reservation link tied to a specific booking. This link is personal and non-transferable. You must not share it with anyone who is not a party to your reservation.
• You agree to notify us immediately at davey.weissberg@gmail.com if you suspect any unauthorized use of your account or access credentials.
• We reserve the right to suspend or terminate access for any violation of these terms or for any conduct we determine to be harmful to other users or the Service.

4. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable local, state, national, or international law or regulation.
• Attempt to gain unauthorized access to any portion of the Service, other user accounts, or the systems and networks connected to the Service.
• Interfere with or disrupt the integrity, performance, or availability of the Service or its underlying infrastructure.
• Scrape, crawl, data-mine, or otherwise extract data from the platform by automated means without our prior written permission.
• Misrepresent your identity, your affiliation with any person or entity, or your authority to act on behalf of others.
• Upload or transmit any malicious code, viruses, or any software designed to damage, disable, or interfere with the Service.
• Use the Service to send unsolicited communications (spam) or to harass, threaten, or harm other users.
• Reverse engineer, decompile, or attempt to extract the source code of any part of the Service.

5. Payments and Refunds

Payments for add-on services (e.g. pool heating) are processed through Stripe, a third-party payment processor. By submitting a payment, you authorize the applicable charge and agree to Stripe's terms of service.

• All prices are displayed in USD unless otherwise stated.
• All sales are final unless a refund is explicitly offered or approved by the property manager.
• Pomello is not a party to payment disputes between property managers and guests. Any disputes regarding charges should first be directed to the property manager.
• In the event of a disputed charge or unauthorized transaction, contact us at the address in Section 12 and we will assist in facilitating resolution where possible.

6. Intellectual Property

The Service and its original content, features, and functionality are and will remain the exclusive property of Pomello and its licensors. Our trademarks, logos, and service marks may not be used in connection with any product or service without our prior written consent.

You retain ownership of any content you submit through the Service (e.g. issue descriptions, refund requests). By submitting content, you grant us a limited, non-exclusive license to use, store, and display that content solely for the purpose of operating and providing the Service.

7. Data and Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the collection, use, and sharing of your information as described in that policy.

8. Third-Party Integrations

The Service integrates with third-party platforms including Hostfully, Stripe, Vercel, Supabase, and Resend. Your use of those platforms is subject to their own terms of service and privacy policies, which we encourage you to review.

Pomello is not responsible for the availability, accuracy, or actions of third-party services. We do not endorse any third-party platform and make no warranties regarding their performance or suitability for any purpose.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, timely, secure, or error-free, or that any defects will be corrected. We do not warrant the accuracy or completeness of any data displayed through the Service, including reservation data synced from third-party platforms. You use the Service at your own risk.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, POMELLO AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING FROM:

• Your access to or use of (or inability to access or use) the Service;
• Any conduct or content of any third party on or through the Service;
• Unauthorized access to or alteration of your data;
• Any inaccuracies in reservation or booking data synced from third-party platforms;
• Any other matter relating to the Service.

In no event shall our total liability to you for all claims exceed the greater of (a) the amount you paid to use the Service in the twelve months preceding the claim, or (b) one hundred US dollars ($100).

11. Indemnification

You agree to indemnify, defend, and hold harmless Pomello and its affiliates, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with your use of the Service, your violation of these Terms, or your violation of any rights of a third party.

12. Governing Law and Disputes

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Any dispute arising from or relating to these Terms or the Service shall first be attempted to be resolved through good-faith negotiation.

If a dispute cannot be resolved informally, it shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association, conducted in Los Angeles County, California. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction.

13. Changes to Terms

We may update these Terms from time to time. When we make material changes, we will update the effective date at the top of this page. Continued use of the Service after changes are posted constitutes your acceptance of the updated Terms. If you do not agree to the revised terms, you must stop using the Service.

14. Contact

For questions or concerns about these Terms, contact us at: davey.weissberg@gmail.com