Terms of Use

Last updated: February 26, 2026

1. Acceptance of Terms

By accessing or using the Guestally platform and services ("Services"), you agree to be bound by these Terms of Use ("Terms"). If you do not agree to all of these Terms, you may not access or use our Services. These Terms constitute a legally binding agreement between you and Guestally. If you are using the Services on behalf of a business or organization, you represent that you have authority to bind that entity to these Terms.

2. Service Description

Guestally provides an AI-powered guest engagement platform designed for boutique hotels. Our Services include:

  • AI-powered automated SMS guest engagement platform that provides Hotel Partners with dedicated phone numbers, automated messaging workflows, and compliance infrastructure for communicating with hotel guests via text message
  • Unified inbox for managing guest conversations across channels
  • Knowledge base management for property-specific information
  • Upsell engine with automated offer recommendations and payment processing
  • Concierge recommendation management
  • Analytics and revenue reporting
  • Team collaboration and role-based access

3. Account Registration

To use our Services, you must create an account or have one provisioned for you by an authorized administrator. You agree to provide accurate, current, and complete information during registration, maintain the security of your password and account credentials, promptly update your information if it changes, and accept responsibility for all activity under your account. You must be at least 18 years old to create an account. Each account is for a single individual and may not be shared.

4. User Obligations

As a user of our Services, you agree to:

  • Use the Services in compliance with all applicable local, state, federal, and international laws and regulations
  • Ensure that you have obtained proper consent from guests before sending them SMS communications through our platform
  • Maintain the accuracy and appropriateness of content in your knowledge base
  • Review and approve AI-generated responses before they are sent to guests when operating in draft mode
  • Not attempt to circumvent usage limits, billing controls, or security measures
  • Not use the Services to store or transmit any content that is unlawful, harmful, or infringes on the rights of others

5. SMS Compliance Obligations

As a Hotel Partner using the Guestally platform to send SMS messages to guests, you agree to the following:

a) Consent Collection

You will only send messages to guests who have explicitly opted in to receive text communications from your property through one of the Guestally-provided consent mechanisms (text keyword opt-in or web form opt-in). You will not upload, import, or message phone numbers for which you have not collected valid SMS consent.

b) Opt-Out Compliance

You will honor all opt-out requests immediately. The Guestally platform processes STOP requests automatically, but you must not attempt to circumvent opt-outs or re-add opted-out numbers through any means.

c) Message Content

You will not use the Guestally platform to send messages that contain prohibited content as defined by carrier guidelines, including but not limited to: illegal content, SHAFT content (sex, hate, alcohol, firearms, tobacco), cannabis-related offers, or any content that violates applicable law.

d) Dedicated Phone Number

Your Guestally-provided phone number is dedicated to your property and registered with carriers on your behalf. You may not use this number outside of the Guestally platform or for purposes unrelated to guest communication. If your subscription is terminated, the phone number will be deprovisioned and may not be transferred.

e) Carrier Registration

Guestally registers your phone number with US carriers via A2P 10DLC on your behalf. You agree to provide accurate business information required for this registration, including your legal business name, EIN or tax ID (if applicable), and business address. Providing false information may result in carrier suspension and account termination.

f) Guest Data Ownership

Guest communication data collected through your dedicated phone number belongs to you. However, Guestally retains the right to process this data as necessary to operate the platform and deliver services. Upon termination, you may request an export of your guest data within 30 days. Opt-out records are retained by Guestally indefinitely to prevent future compliance violations.

6. Prohibited Uses

You may not use our Services to:

  • Send spam, unsolicited messages, or communications in violation of the Telephone Consumer Protection Act (TCPA) or CAN-SPAM Act
  • Harass, threaten, or intimidate any person
  • Engage in any illegal activities or promote illegal actions
  • Reverse engineer, decompile, or disassemble any part of our platform
  • Scrape, crawl, or use automated means to access the Services beyond their intended use
  • Interfere with or disrupt the integrity or performance of the Services
  • Impersonate any person or entity
  • Attempt to gain unauthorized access to other users' accounts or data
  • Violate any applicable telecommunications regulations

7. Intellectual Property

Our Property: The Guestally platform, including all software, design, logos, trademarks, and content created by Guestally, is our proprietary property and is protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works based on our platform without our written consent.

Your Content: You retain ownership of all content you create and upload to the platform, including knowledge base entries, property information, and configuration data. By using our Services, you grant Guestally a limited license to use your content solely for the purpose of providing the Services to you.

AI-Generated Content: Responses generated by our AI are provided for your use within the context of the Services. You are responsible for reviewing and approving AI-generated content before it is sent to guests.

8. Payment Terms

Subscription fees are billed according to your selected plan tier. All prices are quoted in US Dollars. Payments are processed securely through Stripe. Applicable taxes will be added where required by law. You are responsible for providing accurate billing information and keeping your payment method current.

9. Subscription & Billing

  • Free Trial: New accounts may include a 14-day free trial period. At the end of the trial, your subscription will begin unless you cancel.
  • Auto-Renewal: Subscriptions automatically renew at the end of each billing cycle (monthly or annual) unless canceled.
  • Upgrades & Downgrades: You may change your plan tier at any time. Upgrades take effect immediately; downgrades take effect at the end of the current billing period.
  • Cancellation: You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period. No refunds are provided for partial billing periods.
  • Past Due Accounts: Accounts with failed payments will be notified and may be suspended if payment is not resolved within a reasonable timeframe.
  • Performance Revenue Share: Certain plan tiers include a performance-based revenue share component in addition to the base subscription fee. Revenue share is calculated based on revenue directly attributable to AI-generated guest rebooking and upsell campaigns, as tracked and reported through the Guestally platform's revenue attribution system. Revenue share is billed monthly in arrears as a separate line item on your invoice. Detailed attribution reports are available in your dashboard. You may review and dispute specific attributions within 30 days of invoice issuance by contacting support@guestally.ai.
  • Dedicated Phone Number Costs: Your subscription includes one dedicated US 10DLC phone number provisioned and managed by Guestally via Twilio. Per-message carrier fees and Twilio usage charges are included in your subscription at standard usage levels. Guestally reserves the right to apply overage charges if monthly message volume exceeds reasonable thresholds for your subscription tier, with at least 30 days written notice before any overage pricing takes effect.

10. Data Processing

With respect to guest data processed through our platform, you (the hotel property) are the data controller, and Guestally acts as the data processor. You are responsible for ensuring that your collection and use of guest data complies with applicable privacy laws. Guest communication data may be processed by third-party AI services for the purpose of generating automated guest engagement responses and campaign content. Guest data is processed on behalf of, and at the direction of, the Hotel Partner and is isolated per Hotel Partner account. For more information about how we handle data, please refer to our Privacy Policy.

11. SMS & Communication Consent

You represent and warrant that you have obtained all necessary consents from guests before sending them SMS communications through our platform, including compliance with the Telephone Consumer Protection Act (TCPA) and any applicable state laws. You are solely responsible for maintaining records of consent and honoring opt-out requests. Guestally is not liable for your failure to obtain proper consent or comply with telecommunications regulations.

12. Third-Party Services

Our platform integrates with third-party services including Stripe (payment processing), Twilio (SMS infrastructure and phone number provisioning), SendGrid (email delivery), and AI language processing services for automated response generation. Twilio provisions and manages the dedicated phone numbers assigned to each Hotel Partner through the Guestally platform. Your use of these services through our platform is subject to their respective terms of service and privacy policies. Guestally is not responsible for the practices or policies of these third-party providers.

13. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. AI-generated responses may not always be accurate, complete, or appropriate. You are responsible for reviewing and verifying all AI-generated content before it is communicated to guests. Guestally does not guarantee any specific revenue outcomes, occupancy improvements, or upsell conversion rates from using our Services.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, GUESTALLY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES. OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO GUESTALLY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

15. Indemnification

You agree to indemnify, defend, and hold harmless Guestally and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Services, your violation of these Terms, your failure to obtain proper guest consent for SMS communications, or your violation of any applicable law or regulation, including TCPA requirements.

16. Termination

Either party may terminate the use of Services at any time. Guestally may suspend or terminate your access to the Services immediately if you breach these Terms or engage in prohibited conduct. Upon termination, your right to use the Services will cease immediately.

Upon cancellation or termination of your subscription:

  • Your dedicated phone number will be deprovisioned within 30 days after the end of your final billing period
  • The phone number cannot be transferred or ported to another provider
  • Guests who text the number after deprovisioning will receive no response
  • Guest opt-out records are retained indefinitely by Guestally to prevent future compliance violations if the same guest phone numbers are encountered on the platform through another Hotel Partner
  • You may request an export of your guest data within 30 days of cancellation

After 30 days, we may delete your data in accordance with our Privacy Policy.

17. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflict of law provisions.

Any dispute arising out of or relating to these Terms or the Services shall be resolved through binding arbitration administered in Fulton County, Georgia, in accordance with the rules of the American Arbitration Association. The arbitrator's decision shall be final and binding.

CLASS ACTION WAIVER: YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You waive any right to participate in a class action lawsuit or class-wide arbitration against Guestally. Either party may bring claims in small claims court if eligible.

18. Modifications

Guestally reserves the right to modify these Terms at any time. We will provide at least 30 days' notice of material changes by sending an email to the address associated with your account. Your continued use of the Services after the effective date of any modifications constitutes your acceptance of the updated Terms. If you do not agree with the modified Terms, you must stop using the Services.

19. Contact Information

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

Guestally

1001 Virginia Ave, Suite 200

Hapeville, GA 30354

Email: support@guestally.ai