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Terms of Service

Effective: 9 July 2026

These Terms of Service ("Terms") govern access to and use of HostMate (the "Service"), operated by Marcus Barta ("we", "us", "our"). By creating a venue account or otherwise using the Service, you ("you", "your", the venue operator) agree to these Terms. If you do not agree, do not use the Service.

1. The Service

HostMate is a web-based booking and host-station management tool for hospitality venues, provided on a "trial" (free, limited-feature) or "full" (paid) plan. Features available to your venue depend on the plan assigned to your account.

2. Accounts and access

Access to a venue's Service instance is controlled by PINs you set and are responsible for keeping confidential. You are responsible for all activity that occurs under your venue's login, host PIN, and admin PIN, and for restricting access to authorised staff. Notify us promptly if you believe a PIN has been compromised.

3. Acceptable use

You agree not to: use the Service for any unlawful purpose; attempt to gain unauthorised access to another venue's data or to the Service's infrastructure; interfere with or disrupt the Service; or use the Service to store or transmit data you do not have the right to store or transmit (including guest personal information collected without an appropriate basis).

4. Your data

You retain ownership of the booking, guest, and venue data you enter into the Service ("Your Data"). You grant us a licence to host, process, and display Your Data solely to provide the Service to you. See our Privacy Policy for how we handle personal information, including guest data you submit on behalf of your venue — you are responsible for ensuring you have a lawful basis to provide us with that data.

5. Plans, upgrades and fees

Trial accounts are provided free of charge, with a limited feature set, and may be changed or discontinued at any time. Paid ("full") plan pricing, invoicing, and payment terms are agreed with you directly and are not processed automatically within the Service. See our Refund Policy for cancellation and refund terms.

6. Service availability

We aim to keep the Service available and reliable but do not guarantee uninterrupted or error-free operation. The Service may be unavailable from time to time for maintenance, updates, or reasons outside our control (including outages of third-party infrastructure providers we rely on, such as our hosting and database providers).

7. Disclaimer of warranties

To the maximum extent permitted by law, the Service is provided "as is" and "as available", without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will meet your requirements, be uninterrupted, timely, secure, or error-free.

Australian Consumer Law. Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred on you under the Australian Consumer Law or any other law that cannot lawfully be excluded, restricted, or modified. Where permitted, our liability for breach of a non-excludable guarantee is limited, at our option, to re-supply of the Service or the cost of re-supply.

8. Limitation of liability

To the maximum extent permitted by law, and subject to Section 7 above, we exclude all liability for indirect, special, incidental, or consequential loss, or loss of profits, revenue, data, or goodwill, arising out of or in connection with the Service or these Terms, however caused, whether in contract, tort (including negligence), or otherwise.

To the maximum extent permitted by law, our total aggregate liability arising out of or in connection with the Service, whether in contract, tort, or otherwise, is limited to the amount you paid us for the Service in the 12 months preceding the event giving rise to the claim.

You are solely responsible for maintaining your own backups of critical business records and for verifying booking information through appropriate operational practices.

9. Termination

You may stop using the Service at any time. We may suspend or terminate access to the Service, with or without notice, for breach of these Terms, non-payment of agreed fees, or conduct that risks harm to the Service or other venues.

10. Changes to these Terms

We may update these Terms from time to time. We will update the "Effective" date above when we do. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

11. Governing law

These Terms are governed by the laws of the Australian Capital Territory, Australia, and each party submits to the non-exclusive jurisdiction of the courts of that territory.

12. Contact

Questions about these Terms can be sent to marcusbarta@icloud.com.

See also: Privacy Policy · Refund Policy