Terms & Conditions

1. Introduction

These Terms and Conditions (the “Terms”) govern your access and use of the App and the services provided therein (the “Services”). By accessing or using the App or the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the App or the Services.

2. Description of the Services

The App is a platform that allows users to book and host assets and services such as homes, yachts, cars, jet skis, private chefs, venues, photographers, and more. Users can browse available assets and services, make bookings, and pay for them through the App. Users can also host their assets and services on the platform and earn income from bookings made through the App.

3. Eligibility

You must be at least 18 years of age to use the App and the Services. By using the App and the Services, you represent and warrant that you are at least 18 years of age.

4. User Accounts

To use the App and the Services, you must create a user account. You agree to provide accurate and complete information when creating your account and to keep your account information up-to-date. You are solely responsible for the activity that occurs on your account and for keeping your account login information confidential.

5. Bookings and Payments

Users may make bookings through the App for available assets and services. Users agree to pay for bookings in accordance with the prices and terms set by the asset or service provider. The App may collect payments on behalf of asset and service providers and remit payments to them after deducting its commission.

6. Asset and Service Providers

Users who host assets and services on the App are solely responsible for the assets and services they provide. Asset and service providers agree to provide accurate and complete information about their assets and services and to keep their information up-to-date. Asset and service providers are also responsible for setting prices, terms, and availability for their assets and services.

7. User Conduct

Users agree to use the App and the Services in accordance with applicable laws and regulations and these Terms. Users agree not to engage in any activity that could harm the App or the Services, other users, or third parties. Prohibited activities include, but are not limited to, fraud, hacking, spamming, and the transmission of viruses or other harmful code.

8. Intellectual Property

The App and its contents, including but not limited to text, graphics, images, logos, and software, are protected by copyright, trademark, and other intellectual property laws. Users agree not to reproduce, modify, distribute, or otherwise use any part of the App or its contents without the prior written consent of the App’s owner.

9. Limitation of Liability

To the maximum extent permitted by law, the App and its owners, employees, and agents are not liable for any damages, losses, or expenses arising from the use of the App or the Services, including but not limited to direct, indirect, incidental, consequential, or punitive damages.

10. Indemnification

Users agree to indemnify and hold harmless the App and its owners, employees, and agents from any claims, damages, or losses arising from their use of the App or the Services or their violation of these Terms.

11. Modification of Terms

The App reserves the right to modify these Terms at any time. Users will be notified of any changes to these Terms via the App or email. Continued use of the App or the Services after the effective date of any modifications to these Terms constitutes acceptance of the modified Terms.

12. Termination

The App reserves the right to

terminate or suspend access to the App or the Services at any time for any reason, including but not limited to a violation of these Terms. Upon termination or suspension, users must immediately cease using the App and the Services.

13. Governing Law and Dispute Resolution

These Terms and any disputes arising from or relating to them are governed by the laws of the jurisdiction where the App’s owner is based. Any dispute arising from or relating to these Terms shall be resolved through binding arbitration in accordance with the rules of the applicable arbitration association.

14. Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

15. Entire Agreement

These Terms constitute the entire agreement between the user and the App with respect to the use of the App and the Services and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the user and the App.

16. Contact Information

If you have any questions about these Terms or the App, please contact us at info@dreality.co.

17. Waiver

The failure of the App to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

18. Assignment

Users may not assign or transfer these Terms, or any rights or obligations under these Terms, without the prior written consent of the App. The App may assign these Terms, or any rights or obligations under these Terms, without the user’s consent.

19. Prohibited Uses

Users agree not to use the App or the Services for any unlawful or unauthorized purpose, including but not limited to:

• Harassing, abusing, or harming others
• Discriminating against others based on race, gender, religion, or other characteristics
• Engaging in or promoting illegal activities
• Posting or transmitting content that is defamatory, libelous, or otherwise harmful to others
• Infringing on the intellectual property rights of others
• Violating the privacy or confidentiality of others
• Impersonating another person or entity

20. User Content

Users may be able to submit content to the App, including but not limited to reviews, ratings, and comments. By submitting content, users grant the App a non-exclusive, worldwide, royalty-free license to use, modify, publish, and distribute the content in any form or medium. Users represent and warrant that they have all necessary rights to submit the content and that the content does not violate the rights of any third party.

21. Third-Party Services

The App may link to or integrate with third-party services, such as payment processors or social media platforms. The App is not responsible for the availability, content, or security of third-party services, and users access such services at their own risk. The use of third-party services may be subject to additional terms and conditions.

22. Disclaimer of Warranty

The App and the Services are provided “as is” and without warranty of any kind, express or implied. The App disclaims all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

23. Limitation of Liability

To the maximum extent permitted by law, the App and its owners, employees, and agents are not liable for any damages, losses, or expenses arising from the use of the App or the Services, including but not limited to direct, indirect, incidental, consequential, or punitive damages. The total liability of the App and its owners, employees, and agents, if any, for all claims arising from or relating to the use of the App or the Services shall not exceed the amount paid by the user for the Services.

24. Changes to the App or the Services

The App reserves the right to modify or discontinue the App or the Services at any time, with or without notice. The App is not liable to users or any third party for any modification, suspension, or discontinuation of the App or the Services.

25. Force Majeure

The App is not liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to natural disasters, acts of government, and technical or network failures.

26. Survival

Sections 8, 9, 10, 11, 13, 14, 16, 17, 18, 22, 23, 24, 25, and 26 shall survive any termination of these Terms.

We hope these additional details help to further clarify and define the Terms and Conditions for our users.

Certainly, here are some additional details that can be included in the Terms and Conditions:

27. Indemnification

Users agree to indemnify, defend, and hold harmless the App and its owners, employees, and agents from any claims, damages, losses, or expenses, including but not limited to attorney’s fees, arising from or relating to the use of the App or the Services, a violation of these Terms, or any third-party claims related to the user’s content or conduct.

28. Notices

The App may provide notices to users through the App, email, or other means. Users agree to receive electronic communications from the App and acknowledge that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing.

29. Modification of Terms

The App reserves the right to modify these Terms at any time, with or without notice. Users are responsible for reviewing the Terms periodically and are deemed to have accepted any modifications by continuing to use the App or the Services.

30. Entire Agreement

These Terms constitute the entire agreement between the user and the App with respect to the use of the App and the Services and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the user and the App.

31. No Agency or Partnership

These Terms do not create an agency, partnership, or joint venture between the user and the App, and users may not act as agents or representatives of the App.

32. No Waiver

The failure of the App to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

33. Assignment

Users may not assign or transfer these Terms, or any rights or obligations under these Terms, without the prior written consent of the App. The App may assign these Terms, or any rights or obligations under these Terms, without the user’s consent.

We hope these additional details help to further clarify and define the Terms and Conditions for our users.

34. Applicable Law

These Terms and any disputes arising out of or related to the use of the App or the Services shall be governed by and construed in accordance with the laws of the jurisdiction in which the App is registered, without giving effect to any principles of conflicts of law.

35. Dispute Resolution

In the event of any disputes arising out of or related to the use of the App or the Services, users and the App agree to first attempt to resolve the dispute informally. If the parties cannot resolve the dispute through informal means, any disputes or claims arising out of or related to the use of the App or the Services shall be resolved through binding arbitration in accordance with the rules of the jurisdiction in which the App is registered.

36. Limitation of Liability

In no event shall the App or its owners, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, data loss, or business interruption, arising out of or related to the use of the App or the Services.

37. Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

38. Headings

The headings in these Terms are for convenience only and shall not affect the interpretation of these Terms.

39. Contact Information

If users have any questions or comments regarding these Terms or the use of the App or the Services, please contact us at info@dreality.co

40. Third-Party Services and Content

The App may contain links to third-party websites, services, or content that are not owned or controlled by the App. The App does not endorse or assume any responsibility for any third-party websites, services, or content. Users acknowledge and agree that the App shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such third-party websites, services, or content.

41. Termination

The App may terminate these Terms and the user’s access to the App and the Services at any time, with or without cause, and with or without notice. Upon termination, the user’s right to access and use the App and the Services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

42. User Reviews and Ratings

Users may be able to provide reviews and ratings of other users, assets, or services on the App. Users acknowledge and agree that such reviews and ratings may be publicly available on the App and that the App is not responsible for the content of any such reviews or ratings.

43. Feedback

Users may provide feedback, suggestions, or ideas to the App regarding the App or the Services. Users acknowledge and agree that any such feedback, suggestions, or ideas shall become the property of the App and may be used by the App for any purpose without compensation to the user.

44. Force Majeure

The App shall not be liable for any failure to perform its obligations under these Terms if such failure is caused by an event beyond its reasonable control, including, but not limited to, acts of God, natural disasters, war, acts of terrorism, or interruptions in power or communication services.

45. Interpretation

The language of these Terms shall be construed as to its fair meaning and not strictly for or against any party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply to these Terms.

46. Host Eligibility

In order to become a host on the App, users must provide accurate and complete information about themselves, their assets or services, and any required licenses or permits. The App reserves the right to reject any user’s application to become a host, or to suspend or terminate a host’s account at any time, with or without cause, and with or without notice.

47. Host Responsibilities

Hosts are solely responsible for the accuracy and completeness of their listings and for providing a safe and secure environment for their guests. Hosts agree to comply with all applicable laws, regulations, and rules regarding the use of their assets or services, including, but not limited to, building codes, zoning regulations, and health and safety standards.

48. Host Representations and Warranties

Hosts represent and warrant that they have all necessary rights, licenses, and permits to offer their assets or services on the App, and that their assets or services do not infringe or misappropriate the intellectual property or other proprietary rights of any third party. Hosts further represent and warrant that they will not discriminate against any guest on the basis of race, color, religion, national origin, sex, age, or disability.

49. Host Liability

Hosts acknowledge and agree that they are solely responsible for any and all claims, damages, or other liabilities arising out of or related to the use of their assets or services by guests. Hosts agree to indemnify and hold harmless the App, its owners, employees, and agents from any and all claims, damages, or other liabilities arising out of or related to the use of their assets or services by guests.

50. Host Payment and Fees

Hosts may charge guests a fee for the use of their assets or services, and the App may charge hosts a fee for the use of the App and the Services. Hosts agree to pay any fees and charges owed to the App in a timely manner.

51. Host Insurance

Hosts are solely responsible for obtaining and maintaining any insurance coverage necessary to protect their assets or services and to comply with all applicable laws and regulations.

52. Host Communication

Hosts agree to promptly respond to any inquiries or requests from guests and to communicate with guests in a courteous and professional manner.

53. Host Ratings and Reviews

Guests may rate and review their experience with hosts on the App. Hosts agree to allow their ratings and reviews to be published on the App, and acknowledge that the App is not responsible for the content of any guest ratings or reviews.

54. Host Cancellations

Hosts may cancel a guest’s booking in accordance with the App’s cancellation policy, which will be clearly communicated to hosts at the time of booking. Hosts agree to honor their commitments to guests, and to promptly refund any fees paid by guests in the event of a cancellation.

55. Host Disputes with Guests

In the event of a dispute between a host and a guest, the App may, in its sole discretion, provide mediation or other dispute resolution services. Hosts acknowledge and agree that the App is not responsible for any disputes between hosts and guests, and that any resolution of such disputes is solely the responsibility of the host and guest involved.

56. Host Termination

The App reserves the right to terminate a host’s account at any time, with or without cause, and with or without notice. Hosts acknowledge and agree that the App is not responsible for any damages or losses incurred as a result of the termination of their account.

57. Host Data Protection

Hosts acknowledge and agree that the App may collect and use their personal information and other data in accordance with the App’s privacy policy, which will be made available to hosts at the time of registration.

58. Host Intellectual Property

Hosts acknowledge and agree that any intellectual property, including but not limited to trademarks, service marks, and logos, used in connection with their assets or services on the App is the property of the App or its licensors, and may not be used without the prior written consent of the App or its licensors.

59. Host Tax Obligations

Hosts are solely responsible for complying with all applicable tax laws and regulations related to the use of their assets or services on the App. Hosts agree to provide accurate and complete information related to their tax obligations and to promptly pay any taxes owed.

60. Host Modifications to Listings

Hosts may modify or update their listings on the App at any time, subject to review and approval by the App. Hosts agree to promptly update their listings to reflect any changes in their assets or services.

61. Host Non-Circumvention

Hosts agree not to circumvent the App’s platform by communicating or transacting with guests outside of the App. Hosts acknowledge and agree that the App is entitled to any fees and charges related to bookings made through the App, and that the App may take legal action to recover any fees owed.

62. Host Liability Release

Hosts acknowledge and agree to release the App, its owners, employees, and agents from any and all claims, damages, or other liabilities arising out of or related to the use of their assets or services by guests.

63. Host Acknowledgment of Risk

Hosts acknowledge and agree that the use of their assets or services on the App carries inherent risks, and that guests assume all responsibility and liability for their own safety and well-being. Hosts agree to comply with all applicable laws, regulations, and rules related to the safety and security of their assets or services.

64. Host Agreement to Terms and Conditions

Hosts acknowledge and agree to be bound by the App’s Terms and Conditions, as updated from time to time. Hosts further acknowledge and agree that the App may modify or update these Terms and Conditions at any time, and that their continued use of the App constitutes acceptance of any such modifications or updates.

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