Aros Hospitality LLC

Terms of Service

Last Updated: 5/20/25

TABLE OF CONTENTS

1. Definitions
2. Acceptance of Terms
3. Scope of Services
4. Account Creation and Security
5. Eligibility
6. User Responsibilities and Obligations
7. Platform Usage Restrictions
8. Host Terms and Conditions
9. Guest Terms and Conditions
10. Booking and Payment Procedures
11. Cancellation, Modification, and Refund Policy
12. Security Deposits
13. Claims for Damages
14. Taxes
15. Reviews and Content Guidelines
16. Intellectual Property
17. Privacy Policy and Data Protection
18. Communications
19. Disclaimers
20. Limitation of Liability
21. Indemnification
22. Arbitration and Dispute Resolution
23. Governing Law and Jurisdiction
24. Termination and Suspension
25. Force Majeure
26. Notices
27. Amendments to the Terms
28. Miscellaneous

1.Definitions In these Terms, the following terms have the following meanings (unless the context otherwise requires):

a) “Account” means the user account created by a User to access and use the Platform, including associated credentials and profile information.

b) “Affiliate” means, with respect to any party, any other entity that directly or indirectly Controls, is Controlled by, or is under common Control with such party. For purposes of this definition, “Control” means ownership of more than fifty percent (50%) of the equity interests or voting rights of an entity.

c) “Aros,” “we,” “us” or “our” means Aros Hospitality, LLC., an Ohio limited liability company, its Affiliates, successors, and permitted assigns.

d) “Booking” means the act of a Guest reserving a Listing via the Platform and the resulting contractual agreement directly between Host and Guest.

e) “Business Day” means any day except a Saturday, Sunday, or public holiday in the state where the Listing is located.

f) “Content” means all text, photographs, graphics, video, audio, user reviews, ratings, comments, and other materials posted, uploaded, or transmitted by Users or provided by Aros on or through the Platform.

g) “Damage Report” means a claim submitted by a Host or Guest in accordance with Section 13, detailing damage to a property or personal injury, including supporting documentation such as photographs, written estimates, and receipts.

h) “Effective Date” means the date on which a User first accepts these Terms by creating an Account or making a Booking, whichever occurs first.

i) “Guest” means a User who books or intends to book a Listing on the Platform for personal, corporate, or other lawful purposes.

j) “Host” means a User who lists one or more properties on the Platform and offers those properties for Booking by Guests.

k) “Listing” means a property or unit of property, including single-family homes, apartments, condos, or other residential accommodations, that a Host makes available for Booking on the Platform.

l) “Payment Method” means any valid credit card, debit card, bank account, or other payment instrument accepted by Aros or its payment processors for processing Fees, Security Deposits, or other charges.

m) “Platform” means the digital services provided by Aros through websites, applications, APIs, and other online interfaces, allowing Hosts to list Listings and Guests to search for, book, and pay for Listings.

n) “Privacy Policy” means the Aros Hospitality Privacy Policy, which governs the collection, use, disclosure, and protection of personal data by Aros. The Privacy Policy is incorporated herein by reference.

o) “Reservation” means the confirmed Booking of a Listing by a Guest, which constitutes a binding agreement between the Host and Guest under these Terms and any additional terms provided at the time of Booking.

p) “Security Deposit” means an amount collected from the Guest at or prior to check‑in, held by the Host to cover potential Damage Reports or other charges. While Hosts must comply with all state and local laws regarding security deposits, by using the Platform, Hosts agree to return any security deposit to Aros within fourteen (14) days of the end of the lease term, subject to any lawful deductions.

q) “Service Fees” means the fees charged by Aros to Hosts and/or Guests for access to and use of the Platform, including any fees for payment processing, marketing, and other services, as disclosed at the time of Booking or in the Platform’s fee schedule.

r) “Third-Party Services” means services provided by third parties, including but not limited to payment processors, identity verification providers, hosting services, analytics, and marketing platforms, as described in Section 17.

s) “Term” means the duration of these Terms, commencing on the Effective Date and continuing until terminated in accordance with Section 24.

t) “User” means any individual or legal entity who registers for an Account, browses Listings, makes Bookings, hosts Listings, or otherwise uses the Platform; collectively referred to as “Users.”

u) “You” and “Your” mean the User of the Platform, whether Host or Guest.

2. Acceptance of Terms
   a) Formation of Agreement. These Terms constitute a binding legal agreement between you and Aros when you:
   i) register for an Account;
   ii) make, modify, or confirm a Booking; or
   iii) otherwise access or use the Platform.

   b) Eligibility. By accepting these Terms, you represent and warrant that:
   i) you are at least 18 years old;
   ii) you have full right, power, and authority to enter into these Terms and to perform your obligations hereunder; and
   iii) you are not currently suspended or removed from the Platform.

   c) Acceptance and Acknowledgment. You acknowledge that:
   i) you have read and understand these Terms, including all policies incorporated by reference;
   ii) you agree to abide by these Terms and any future modifications; and
   iii) these Terms govern your use of the Platform and supersede any prior agreements between you and Aros.

   d) Accountability. You agree that you, and not Aros, are solely responsible for your interactions with other Users and any bookings, transactions, or other activities you conduct through the Platform.

   e) Severability and Waiver. If any provision of these Terms is found invalid or unenforceable, the remaining provisions will continue in full force. Aros’ failure to enforce any right does not constitute a waiver of that right.

   f) Acceptance of Terms. By accessing and using the Platform, users agree to fully comply with all terms and conditions contained herein, creating a legally binding contract between Users and Aros Hospitality ("Aros").

3. Scope of Services
   a) Platform Functionality. Aros provides an online marketplace and technology platform ("Platform") that enables:
   i) Hosts to create, manage, and advertise Listings of monthly residential accommodations;
   ii) Guests to search, browse, and book such Listings;
   iii) Secure payment processing for rents, service fees, and security deposits;
   iv) Communication and messaging between Hosts and Guests;
   v) Management of bookings, modifications, cancellations, and refunds;
   vi) Collection and remittance of applicable service fees and taxes.

   b) Independent Contractor Relationship. Hosts engage with Guests as independent contractors. Aros is solely a technology platform provider and is neither a party to the underlying lease or rental agreement between Host and Guest nor a real estate broker, agent, property manager, or insurer. Aros does not take possession of, control, or manage any Listing. Users acknowledge and agree that Aros bears no responsibility or liability for the performance of Hosts or Guests under their direct agreements.

   c) No Ownership of Listings. Aros does not own, lease, resell, or control any property listed on the Platform. All rights and obligations concerning the condition, maintenance, compliance, and operation of a Listing rest exclusively with the Host.

   d) Service Limitations. Aros does not guarantee availability of any Listing. Hosts are solely responsible for honoring confirmed bookings and ensuring their property conforms to the listing description. Aros does not inspect or verify Listings beyond automated or third‑party identity and background checks.

   e) Additional Services. From time to time, Aros may offer additional services including but not limited to promotional marketing, premium placement of Listings, or insurance coordination. Such services may be subject to separate terms and fees.

   f) Third‑Party Integrations. Aros may integrate Third‑Party Services (payment gateways, identity verification tools, analytics, customer support systems). Users consent to the sharing of necessary data with these providers to enable core functionality.

   g) Geographic Scope. Aros operates exclusively within the continental United States. Listings and transactions outside this territory are strictly prohibited and unauthorized. Any attempt to create Listings or complete transactions outside this territory may result in immediate Account termination and forfeiture of any pending payments or fees.

   h) Service Availability. Aros aims to keep the Platform available 24/7 but does not guarantee uninterrupted access. Scheduled maintenance, emergency updates, or force majeure events may temporarily suspend service without liability to Aros.

4. Account Creation and Security

   a) Account Registration. To access and use the Platform, Users must register for an Account by providing their full legal name, valid email address, phone number, date of birth, and creating a secure password. Users may be required to complete identity verification including submission of government‑issued identification.

   b) Accuracy and Updates. Users must ensure all Account information is accurate, current, and complete. Users agree to promptly update their information upon any changes.

   c) Account Security. Users are solely responsible for safeguarding their account credentials and maintaining the security of their Account. Any and all activity conducted through a User’s Account is the sole responsibility of that User, whether or not authorized. Users must immediately notify Aros through the Platform or via email to security@stayaros.com of any unauthorized access or suspected security breaches. Failure to maintain Account security or promptly report breaches may result in User liability for any resulting damages or losses.

   d) Account Transfer and Termination. Accounts are non-transferable. Users may terminate their Account at any time by following the procedure on the Platform. Aros may suspend or terminate Accounts for violations of these Terms or illegal activity.

   e) Multiple Accounts. Creating multiple Accounts or impersonating another User is prohibited. Aros reserves the right to close duplicate or fraudulent Accounts.

   g) Use by Minors. The Platform is not intended for users under 18. If a User is under 18, they may not create an Account or use the Platform.

5. Eligibility

   a) Minimum Age and Capacity. Users must be at least 18 years old and have full legal capacity to enter into binding contracts under the laws of their jurisdiction. Users registering on behalf of a legal entity represent that they have authority to bind that entity.

   b) Prohibited Users. Users who have been previously removed from the Platform, convicted of violent or sexual crimes, or suspended by Aros for policy violations are ineligible to register or use the Platform.

   c) Verification. Aros may require additional documentation to verify a User’s identity, address, or payment information. Continued access may depend on satisfactory completion of verification checks.

6. User Responsibilities and Obligations

   a) Compliance with Laws. Users must comply with all applicable federal, state, and local laws, regulations, zoning ordinances, and housing codes in connection with Platform use.

   b) Accurate Information. All information provided during registration, Listing creation, Booking, or communications must be truthful, accurate, and complete. Misrepresentation may result in account suspension or legal liability.

   c) Respect and Non-Discrimination. Users agree to treat Hosts, Guests, and third parties with respect and fairness. Discriminatory, harassing, or abusive conduct is prohibited.

   d) Health and Safety. Users must not engage in activities that threaten public health or safety. Hosts must maintain smoke and carbon monoxide detectors and provide emergency contact information.

   e) Reporting Violations. Users must report policy violations, suspected fraud, or safety concerns to Aros promptly through the Platform’s reporting tools.

7. Platform Usage Restrictions

   a) Prohibited Uses. Users shall not:
   i) Use the Platform for illegal or unauthorized purposes.
   ii) Transmit viruses, malware, or any harmful code.
   iii) Scrape, crawl, or spider any part of the Platform.
   iv) Attempt to reverse engineer or bypass security features.
   v) Circumvent payment of Fees by offering to transact off-platform.

   b) Intellectual Property Respect. Users shall not upload or share content that infringes third-party intellectual property rights.

   c) Automated Tools. Use of bots, scripts, or other automated tools for interacting with the Platform is prohibited unless expressly authorized by Aros.

   d) Account Sharing. Sharing or transferring login credentials is forbidden. Each User must maintain a unique Account.

8. Host Terms and Conditions

   a) Listing Creation and Maintenance. Hosts must:
   i) Provide detailed, accurate descriptions, including location, amenities, pricing, and availability.
   ii) Update calendar and pricing in real time to avoid double bookings.
   iii) Ensure photos represent current property condition.

   b) Legal and Regulatory Compliance. Hosts are responsible for:
   i) Obtaining any required permits, licenses, or registrations for short- or mid-term rentals.
   ii) Adhering to landlord‑tenant laws, zoning restrictions, and homeowner association rules.
   iii) Paying all applicable taxes related to rental income.

   c) Safety and Insurance. Hosts must:
   i) Maintain adequate property and liability insurance covering mid-term rentals.
   ii) Ensure structural and electrical safety, provide fire extinguishers, and comply with building codes.

   d) Guest Relations and Conduct. Hosts shall:
   i) Communicate clearly with Guests regarding house rules, check-in/out procedures, and emergency contacts.
   ii) Respect Guest privacy and not enter the property except for maintenance or emergencies.

   e) Cancellations and Penalties. Hosts may cancel only for valid reasons (e.g., property uninhabitable). Unauthorized cancellations may incur service fees, removal of Listings, or loss of privileges.

   f) Dispute Handling. Hosts agree to cooperate in resolving Damage Reports and disputes through Aros’ Resolution Center before pursuing external remedies.

9. Guest Terms and Conditions

   a) Booking Confirmation. Guests agree that a Booking constitutes a binding reservation directly with the Host under these Terms and any additional Listing-specific rules.

   b) Payment Obligations. Guests must pay all amounts due at booking, including rent, Fees, Security Deposits, and applicable taxes, through the Platform’s approved Payment Methods.

   c) Occupancy and Use. Guests agree to:
   i) Occupy the property only for lawful residential purposes.
   ii) Not exceed the maximum number of occupants.
   iii) Abide by all house rules and local regulations.

   d) Check-In and Check-Out. Guests shall adhere to agreed check-in and check-out times. Late check-out may incur additional charges.

   e) Conduct and Liability. Guests are responsible for any damage, theft, or loss to the property during their stay and must report incidents promptly.

   f) Cancellation and Refunds. Guests may cancel within 48 hours of Booking for a full refund provided check-in is at least 14 days away. Afterward, deposits are non-refundable and cancellations require Host approval.

10. Booking and Payment Procedures

    a) Booking Process. i) Guests submit reservation requests through the Platform, selecting dates, number of occupants, and optional add‑ons. ii) Hosts may accept or decline requests within 24 hours. Upon acceptance, a Booking confirmation is issued and a binding contract forms directly between Host and Guest. iii) Guests receive an email with reservation details, payment schedule, and link to the Host’s house rules.

    b) Payment Methods. Guests must pay using approved Payment Methods on the Platform. Aros authorizes charges only upon Booking confirmation. Hosts will not receive payment until funds clear.

    c) Service Fees. Aros charges a Platform service fee as specified in the then-current fee schedule, which may be updated from time to time. Current Service Fees are disclosed to Hosts in payout records.

    d) Currency and Conversion. All transactions are processed in U.S. dollars. If a Guest’s payment instrument uses a different currency, the Guest’s issuing bank applies the exchange rate and may impose conversion fees.

    e) Payouts to Hosts.
    i) Aros disburses payouts to Hosts via Stripe within 7 Business Days after fees are received from the Guest pursuant to the payment schedule set by the Host, provided there are no pending disputes or compliance issues.
    ii) Hosts must maintain accurate payout information (bank account or Stripe account).
    iii) Aros may offset any refunds or Damage Reports against pending payouts.

    f) Failed Payments. If a Guest’s payment fails, Aros will notify the Guest to update payment information. Failure to cure within 48 hours may result in Booking cancellation.

    g) Taxes Collection. Where required by law, Aros collects and remits occupancy, lodging, or sales taxes on behalf of Hosts. Tax rates and calculations are displayed at checkout.

11. Cancellation, Modification, and Refund Policy

    a) Guest-Initiated Cancellations.
    i) Full refund of rent and Service Fees if canceled within 48 hours of Booking and at least 14 days before check-in.
    ii) After that window, Security Deposit is non-refundable; rent refunds at Host’s discretion. No Security Deposit or other payment is refundable after the check-in date.

    b) Host-Initiated Cancellations.
    i) Hosts may only cancel for limited valid reasons (e.g., property uninhabitable, force majeure).
    ii) Host cancellations after Booking confirmation may incur a cancellation fee of 3% of rent and automatic full refunds to Guest. Repeated cancellations may lead to account suspension.

    c) Booking Modifications. Guests and Hosts may request date or occupancy modifications via the Platform. Both parties must agree. Service Fees apply to modifications if additional rent is due.

    d) Extenuating Circumstances. Aros may offer refunds under major disruptive events (natural disasters, pandemics) as outlined in the Platform’s Extenuating Circumstances policy.

    e) Refund Processing. Refunds are processed within 7 Business Days to the original payment method. Aros notifies Users when refunds are issued.

12. Security Deposits

    a) Deposit Collection. Hosts specify a Security Deposit amount up to two months’ rent so long as it is compliant with the laws in their jurisdiction. Guests must pay this deposit at or before check-in via the Platform.

    b) Holding and Disbursement. Aros authorizes and captures Security Deposits, subject to applicable state and local laws. Hosts must comply with all state and local laws regarding security deposits. By using the Platform, Hosts agree that any Security Deposit must be returned to Aros within 14 days after the end of the lease, unless a valid Damage Report has been submitted and approved.

    c) Documentation Requirements. To withhold deposit funds, Hosts must submit damage documentation (photographs, written estimates, receipts) through the Platform within 7 days of check-out. Aros, in its sole discretion, will evaluate the damage documentation and the cost documentation to determine whether a Host is entitled to damages and a partial or full retention of the Security Deposit.

    d) Dispute Resolution. If a Guest disputes a claim, either party may escalate to Aros’ Resolution Center. Aros mediates disputes but does not adjudicate legal liability beyond policy scope.

13. Claims for Damages

    a) Submission of Damage Reports. Hosts or Guests report damages within 7 days of checkout. Reports must include:
    i) Date and time of incident
    ii) Detailed description of damage
    iii) Photographic or video evidence
    iv) Written cost estimates or receipts

    b) Review and Approval.
    i) Aros reviews Damage Reports and supporting documentation. If deemed valid, Aros authorizes Host to capture the Security Deposit. Invalid or incomplete claims are returned for clarification.

    c) Guest Reimbursement. If a Guest is responsible for damage and deposit insufficient, the Host may invoice the Guest for additional costs. Failure to pay may result in account restrictions and collections.

    d) Limits on Claims. Damage claims processed through the Platform cannot exceed the Security Deposit amount. Claims for personal injury or loss of personal property are outside the Platform scope and Aros shall have no liability for such claims.

    e) Insurance Referral. Aros may refer Users to third‑party insurance providers for coverage beyond Security Deposit claims. Such services are subject to separate policies.

14. Taxes

    a) Host Tax Obligations. Hosts are solely responsible for determining, collecting, reporting, and remitting any applicable income, occupancy, lodging, or other taxes related to their Listings.

    b) Tax Collection by Aros. In jurisdictions where required, Aros will collect taxes on behalf of Hosts and remit them to the appropriate tax authority. Collected taxes appear as separate line items on Booking invoices.

c) Tax Documentation. Hosts must provide valid tax identification information (EIN or SSN) for tax reporting purposes. Failure to provide required documents may delay payouts.

d) Changes in Tax Law. Aros reserves the right to update tax rates and collection procedures in response to legal or regulatory changes, with notice to impacted Users.

15. Reviews and Content Guidelines

    a) Purpose and Scope. Reviews and ratings help build trust within the Aros community. Both Hosts and Guests may post reviews following a completed Booking.

    b) Eligibility to Review. Only Guests who have completed a stay and Hosts who have hosted a completed Booking may submit reviews. Reviews must reflect firsthand experiences.

    c) Content Standards. Reviews must be truthful, accurate, and respectful. Prohibited content includes:
    i. Personal attacks, hate speech, or harassment
    ii. Discriminatory remarks based on race, religion, gender, sexual orientation, disability, or other protected categories
    iii. Obscene, violent, or illegal content
    iv. Advertising, promotional, or solicitation material

    d) Review Process. Reviews remain anonymous during submission. Aros may screen reviews for policy compliance before publication.

    e) Moderation and Removal. Aros reserves the right to remove, edit, or refuse publication of any review that violates these Terms or the Content Policy.

    f) Response and Dispute. Hosts may respond to Guest reviews. If a review contains factual inaccuracies or defamation, Users may request review removal via Aros’ Resolution Center.

16. Intellectual Property

    a) Ownership. All Platform content, including software, text, graphics, logos, icons, audio clips, video clips, and data compilations, is the property of Aros or its licensors and protected by U.S. and international copyright, trademark, and other laws.

    b) Limited License. Subject to these Terms, Aros grants Users a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for Booking and hosting Listings. All other uses are prohibited.

    c) User-Generated Content. Users retain ownership of intellectual property rights in content they create and submit (e.g., photographs, reviews). By submitting content, Users grant Aros a worldwide, royalty-free, sublicensable right to use, reproduce, modify, and display the content in connection with operating the Platform.

    d) Trademark Use. Users may not use Aros’ or third-party trademarks without prior written permission.

    e) Infringement Claims. Report alleged infringements by contacting Aros at support@stayaros.com with a DMCA notice as required by law.

17. Privacy Policy and Data Protection

    a) Governing Policy. Aros’ Privacy Policy (located at www.stayaros.com/privacy) is incorporated by reference and governs Aros’ collection, use, storage, and sharing of personal data.

    b) Information Collected. Aros collects information such as names, contact details, government IDs, payment data, and usage logs to facilitate services, ensure security, and personalize user experiences.

    c) Data Use. Personal data is used to process Bookings, verify identities, communicate with Users, provide customer support, and conduct analytics and marketing.

    d) Data Sharing. Aros shares data with service providers (e.g., Stripe, identity verification, hosting, analytics) under confidentiality agreements. Data is only shared as necessary for Platform operations.

    e) User Rights. Users may access, correct, or delete their personal data via their Account settings or by contacting support. Aros honors lawful requests under U.S. privacy laws.

    f) Data Retention. Aros retains personal data as long as needed to provide services and comply with legal obligations, then securely deletes or anonymizes the data.

18. Communications

    a) Platform Messaging. All communications regarding Listings, Bookings, cancellations, and disputes must occur through the Platform’s messaging system to ensure proper records and compliance.

    b) Prohibited Communications. Users shall not solicit or accept payments, personal contact information, or transactions outside the Platform.

    c) Emergency Contacts. Hosts must provide emergency contact details in Listing information. Guests must use local emergency services for urgent safety issues.

    d) Notices to Users. Aros may send notices via email, SMS, or in-app notifications. Notices are effective upon transmission.

19. Disclaimers

    a) No Warranty. THE PLATFORM AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.

    b) No Endorsement. AROS DOES NOT ENDORSE OR GUARANTEE ANY LISTING, HOST, GUEST, OR THIRD-PARTY SERVICE.

    c) Accuracy of Information. Aros is not responsible for the accuracy, reliability, or completeness of any information provided by Users.

    d) Use at Your Own Risk. USERS USE THE PLATFORM AT THEIR SOLE RISK, INCLUDING ANY RISKS ARISING FROM INTERACTIONS WITH OTHER USERS OR USE OF THIRD-PARTY SERVICES.

20. Limitation of Liability Limitation of Liability

    a) Exclusion of Consequential Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AROS AND ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE PLATFORM, INCLUDING LOST PROFITS, LOSS OF DATA, OR INTERRUPTION OF BUSINESS.

    b) Cap on Direct Damages. AROS’S AGGREGATE LIABILITY FOR DIRECT DAMAGES ARISING FROM OR RELATED TO THESE TERMS OR THE PLATFORM SHALL NOT EXCEED THE LESSER OF (I) THE TOTAL AMOUNT OF SERVICE FEES PAID BY THE USER TO AROS IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY OR (II) $500.

    c) Basis of the Bargain. The limitations in this Section 20 are fundamental elements of the agreement between Users and Aros and would not apply otherwise.

21. Indemnification

    a) User Indemnity. Users agree to indemnify, defend, and hold harmless Aros, its Affiliates, and their respective officers, directors, employees, and agents (collectively, the "Indemnified Parties"), from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with:
    i) User’s breach of these Terms;
    ii) User’s negligence or willful misconduct;
    iii) User’s violation of any applicable law or third-party rights;
    iv) any Booking, use of a Listing, or interaction between Users facilitated by the Platform.

    b) Indemnification Procedure. The Indemnified Party shall:
    i) promptly notify the User of any claim;
    ii) allow the User to control the defense of the claim, provided that no settlement affecting Aros' rights or obligations may be entered into without Aros' prior written consent;
    iii) provide reasonable cooperation and assistance in the defense.

22. Arbitration and Dispute Resolution

    a) Informal Resolution. Prior to initiating arbitration, Users must provide written notice of any dispute and attempt to resolve the matter informally by contacting support@stayaros.com. Aros and the User shall negotiate in good faith for at least 30 days.

    b) Arbitration Agreement. If the dispute is not resolved informally, either party may commence binding arbitration under the American Arbitration Association’s (AAA) Commercial Arbitration Rules, except as provided herein. The costs of arbitration shall be borne equally by the parties unless the arbitrator determines otherwise.

    c) Scope and Exceptions. This Section 22 applies to all disputes except for:
    i) injunctive or other equitable relief;
    ii) claims for intellectual property infringement;
    iii) any matter a court may not lawfully compel arbitration.

    d) Proceedings and Venue. i) Arbitration shall be conducted by a single arbitrator in the county where the property is located, or remotely if agreed.
    ii) The arbitrator shall apply these Terms and applicable law.
    iii) The arbitration award is final and binding, and judgment may be entered in any court of competent jurisdiction.

    e) Waiver of Class Actions. Users and Aros agree to only bring claims on an individual basis. Class arbitrations and representative actions are prohibited, except for Private Attorneys General Act (PAGA) claims under California law, which cannot be waived.

23. Governing Law and Jurisdiction

    a) Governing Law. These Terms shall be governed by and construed in accordance with Florida law, without regard to conflict of law principles, except that the law of the state where the Listing is physically located shall govern property-specific matters.

    b) Jurisdiction. For disputes not subject to arbitration, Users agree to submit to the exclusive personal jurisdiction and venue of the state and federal courts in the county where the Listing is located.

24. Termination and Suspension

    a) Termination by User. Users may terminate these Terms and deactivate their Account at any time via the Platform settings. Termination does not affect rights or obligations incurred prior to termination.

    b) Termination by Aros. Aros may suspend or terminate a User’s Account and access to the Platform for:
    i) violation of these Terms;
    ii) unlawful conduct;
    iii) safety or security concerns; or
    iv) prolonged inactivity (>24 months).

    c) Effects of Termination. Upon termination, User’s Listings will be deactivated, pending Bookings canceled, and refunds processed pursuant to Sections 11 and 12. Surviving provisions include Sections 1, 17–21, 23, and 26–28. Any outstanding security deposits must still be returned in accordance with Section 28.

25. Force Majeure Neither Aros nor Users shall be liable for any delay or failure in performance due to events beyond reasonable control, including natural disasters, acts of government, cyberattacks, pandemics, or other force majeure events, provided that the affected party has implemented reasonable preventive measures and business continuity plans. The affected party shall promptly notify the other party of the force majeure event and use reasonable efforts to resume performance as soon as possible.

26. Notices All notices required or permitted under these Terms shall be in writing and delivered via email (to the address on file) or in-app notification. Notices are effective upon receipt.

27. Amendments to the Terms. Aros may update these Terms at any time by posting a revised version on the Platform and indicating the updated "Last Updated" date. Users will be notified of any material changes via email at least 30 days before the changes take effect. Continued use after the 30-day notice period constitutes acceptance of changes.

28. Miscellaneous

    a) Entire Agreement. These Terms, together with the Privacy Policy and any additional policies incorporated herein, constitute the entire agreement between Users and Aros concerning the Platform.

    b) Security Deposits. Hosts must comply with all applicable state and local laws regarding security deposits. As a condition of using the Platform, Hosts agree to return any security deposit collected through the Platform to Aros within fourteen (14) days of the end of the lease term. Aros will then process any claims and refunds in accordance with applicable law and Platform policies. Failure to return security deposits within this timeframe may result in immediate suspension of Host privileges and potential termination of the Host's account.

    c) Severability. If any provision is deemed invalid, the remainder shall remain effective.

    d) Waiver. No waiver of any term shall be effective unless in writing. A single waiver does not waive subsequent enforcement.

    e) Assignment. Users may not assign their rights or obligations without Aros’s prior written consent, which shall not be unreasonably withheld. Aros may assign or delegate these Terms in whole or part upon notice to Users.

    f) No Third-Party Beneficiaries. Except as expressly provided, these Terms do not confer any rights to third parties.

    g) Headings. Section headings are for convenience and do not affect interpretation.

CONTACT US
For support or inquiries regarding these Terms, contact us at support@aroshospitality.com.