Maki Beds — Terms of Service

Effective: 1 November 2026 for all accounts.

1. Who we are and what this is

1.1 These Terms are an agreement between Asvara Labs LLC, a Wyoming limited liability company, 1021 E Lincolnway #9580, Cheyenne, WY 82001, United States ("Asvara", "we"), and the business that opens a Maki Beds account ("Customer", "you"). They cover the Maki Beds software, its apps, the booking page and widget, the AI assistant Karly, and related support (together, the "Service").

1.2 Business use only. The Service is for businesses that rent lodging (for example cabins, glamping sites, inns, B&Bs, small hotels and vacation rentals). It is not for personal, family or household use. The person who accepts these Terms must be at least 18 and must have the authority to bind the Customer.

1.3 Property managers. If you manage property owned by someone else, you confirm you have the owner's authorization to list and operate that property on the Service, and you remain responsible for it.

1.4 These Terms incorporate the Privacy Policy, the Data Processing Addendum (the "DPA", which applies automatically to guest data) and the plan and price shown at checkout (the "Order").

2. Your account

2.1 You give accurate information and keep it current. You keep your credentials confidential, and you are responsible for activity under your account, including your team members and the roles you assign them.

2.2 You tell us promptly at [email protected] if you suspect unauthorized use.

3. Plans, payment and renewal

3.1 Paid up front. Plans are billed in advance, monthly or yearly, in the currency shown at checkout, plus applicable taxes. The price, billing period, renewal and how to cancel are shown on the payment screen before you pay, and you confirm them there.

3.2 Automatic renewal. Your plan renews automatically for the same billing period at the then-current price, and we charge the payment method on file, until you cancel.

3.3 Trials. A trial is offered only where the Order says so. If a trial requires a card: we show the trial length, the first charge date and amount before you start; we email you a confirmation when it starts and a reminder at least 7 days before the first charge; and you can cancel online before the trial ends at no cost.

3.4 Cancellation. You can cancel at any time in the app (Settings → Billing), without calling or writing to us. Cancellation stops the next renewal; the Service stays available until the end of the period you already paid for.

3.5 Refunds. Fees are non-refundable, except: (a) as required by law; (b) if you end the Service because we materially breached these Terms and did not cure the breach within 30 days, we refund the prepaid fees for the unused period.

3.6 Failed payments. If a charge fails, we retry and notify you. If it is still unpaid 7 days after the notice, we may limit the account to read-only and data export until it is paid. We do not delete your data for non-payment.

3.7 Price changes. We give at least 30 days' notice by email and in the app before a price change. The new price applies from your next renewal after the notice period. If you don't accept it, you can cancel before then.

3.8 Payment-processing and platform fees. If you take guest payments through the Service, the payment provider's fees apply under its terms (section 7). Asvara charges no platform fee or commission on guest payments today. We may introduce fees or commissions on payments processed through the Service in the future. If we do, they are a price change under section 3.7: at least 30 days' notice, applying from your next renewal, with the right to cancel before. They are shown in your plan before they apply.

3.9 Taxes. Prices exclude taxes unless stated. You are responsible for taxes on your purchase, except taxes on our net income.

4. Your data and guest data

4.1 You own your data. "Customer Data" is the data you or your guests put into the Service: properties, rates, bookings, guest details, messages and files. You keep all rights to it.

4.2 Guest data roles. For personal data about your guests and contacts, you are the controller (in Mexico, responsable) and Asvara is your processor and service provider (encargado). The DPA applies automatically and governs that processing.

4.3 Your obligations to guests. You have a lawful basis and give the notices your guests need. That includes your own privacy notice, and in Mexico the aviso de privacidad at the moment of collection; we provide a template you can adapt. You collect only the guest data you need.

4.4 How we use Customer Data. We use it to provide, secure and support the Service for you, and to improve the Service, but only within the limits of the DPA. We never use one customer's guest data to serve another customer. We don't sell it or use it for cross-context advertising.

4.5 Aggregated data. We may create de-identified, aggregated statistics that do not identify you, your guests or your property, and use them to run and improve the Service.

5. Karly and other AI features

5.1 What Karly does. Karly drafts and sends replies to your guests, quotes prices from the rates and rules you set, places short holds, and sends payment links, according to your configuration. Karly uses third-party AI model providers (listed in the DPA).

5.2 You supervise it. AI output can be wrong or incomplete. You configure Karly's knowledge, rates, rules and tone. You review its activity and correct errors, and you are responsible for the messages and offers it sends on your behalf. The Service gives you a human handoff, an audit trail and the ability to pause Karly. You keep a path for guests to reach a person.

5.3 Disclosure to guests. Karly tells guests they are talking to an AI assistant and that its answers may be inaccurate. You must not remove or disable that disclosure.

5.4 Pricing errors. If Karly quotes a price or availability that contradicts your configured rates or calendar, because of an error in the Service or the AI, you may decline or correct the booking according to your own booking terms. You should include an error clause in those terms.

5.5 No training on your data by model providers. Our AI model providers are contractually barred from training their models on your Customer Data. We do not use WhatsApp conversation data to train or improve any AI model.

5.6 No guarantee of outcomes. We do not promise that Karly will win bookings or answer every message correctly.

6. Acceptable use

You will not, and will not let anyone:

• (a) use the Service to send unsolicited messages, or message guests who have not opted in or have opted out;
• (b) send WhatsApp business-initiated messages except through approved templates, or ask guests for full card numbers, bank account numbers or government ID numbers in chat (use payment links);
• (c) violate the WhatsApp Business Messaging Policy, Meta Commerce Policy, OTA rules or payment-provider rules;
• (d) list property you are not authorized to rent, or publish false or misleading rates or availability;
• (e) upload malware, or probe, scan or overload the Service;
• (f) reverse-engineer it, copy it, extract our or our providers' models, or build a competing product from it;
• (g) resell or sublicense it, or share logins between people;
• (h) pass off AI output as written by a human in order to deceive;
• (i) process data about children beyond what a booking requires.

We may suspend the affected feature or account to stop a violation or protect guests or the Service. We tell you why, unless the law or an ongoing investigation prevents it.

7. Third-party services

7.1 The Service connects to services we don't control. Each has its own terms, which you accept when you connect it:

• WhatsApp/Meta: messaging; Meta may suspend or change its platform.
• Stripe and, in Latin America, Mercado Pago: guest payments.
• Our channel-manager provider (Channex.io), when OTA channels become available and you connect them: the connection to Airbnb, Booking.com and other OTAs.
• The OTAs themselves.

Your use of them is governed by those terms. We are not responsible for their availability, changes or acts.

7.2 Payments (Stripe). Payment processing services for Customers are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the "Stripe Services Agreement"). By using payments in the Service you agree to the Stripe Services Agreement, as Stripe may modify it. As a condition of Asvara enabling payment processing through Stripe, you agree to provide Asvara accurate and complete information about you and your business, and you authorize Asvara to share it and transaction information related to your use of the payment processing services provided by Stripe.

7.3 You are the merchant to your guests. You set your prices, policies, refunds and cancellations. You are responsible for your guests, for taxes on your stays, and for disputes with guests. Asvara is not a party to your bookings.

7.4 Channel manager. When you connect OTA channels through our channel-manager provider (Channex.io), you also accept the terms that provider and each OTA require, and rates and availability you push may take time to update or be rejected or altered by the OTA. You remain responsible for checking your OTA listings. OTA connectivity is not yet available; this clause applies once it is.

8. Availability, support and changes

8.1 We work to keep the Service available, and we announce planned maintenance in advance when we can. We do not offer an uptime commitment (SLA) unless a separate written agreement says so.

8.2 Support: by email only, at [email protected], in English and Spanish, Monday to Friday, 9 a.m.–6 p.m. Central Time. We do not commit to a response time.

8.3 We may improve and change the Service. If a change materially reduces a core feature you pay for, we tell you in advance, and you may cancel and get a refund of the prepaid unused period.

9. Intellectual property and feedback

9.1 Asvara owns the Service and its software. We give you a limited, non-exclusive, non-transferable right to use it during your subscription for your own business.

9.2 You give us the rights we need to host, process and display Customer Data in order to provide the Service, under the DPA.

9.3 If you send feedback, we may use it without obligation to you.

10. Warranties and disclaimers

10.1 Each party confirms it has the authority to enter these Terms.

10.2 You confirm that you have the rights and consents needed for the Customer Data and messages you process through the Service.

10.3 Except as stated in these Terms, the Service is provided "as is" and "as available". To the extent the law allows, we disclaim implied warranties of merchantability, fitness for a particular purpose and non-infringement.

11. Liability

11.1 Cap. Except for the exclusions below, each party's total liability arising out of these Terms is limited to the fees you paid Asvara in the 12 months before the event giving rise to the claim.

11.2 No indirect damages. Neither party is liable for lost profits, lost bookings, lost revenue, or indirect, special or consequential damages, even if advised of the possibility.

11.3 Exclusions from 11.1 and 11.2: your payment obligations; your indemnity obligations in 11.4; a party's fraud, gross negligence or wilful misconduct; and any liability that cannot be limited by law.

11.4 Your indemnity. You will defend and indemnify Asvara against third-party claims arising from: your properties, bookings and guests; your rates and content; messages sent from your account; your breach of section 6 or of third-party terms; or your violation of law.

11.5 Our indemnity. We will defend you against third-party claims that the Service, as we provide it, infringes their US intellectual-property rights, and pay the resulting damages or settlement.

12. Term, termination and your data

12.1 These Terms last while you have an account.

12.2 Either party may end them for material breach not cured within 30 days of notice. We may suspend or end the Service immediately for serious or repeated violations of section 6, or as required by law or by a third-party provider (for example a WhatsApp or Stripe suspension).

12.3 Export. While your account is active, and for 30 days after it ends, you can download from the app:

• your bookings as CSV (guest, property, dates, nights, status, party size, channel, contact, total, paid and pending amounts) for the bookings on screen or the ones you select;
• your guests as CSV (name, phone, email, city, number of bookings, lifetime value, created date) for the guests loaded on screen;
• your Asvara invoices and receipts as PDF.

For data the app can't export yet (complete guest lists, conversations, guest payment records, guest documents and photos, rates and settings), write to [email protected] and we provide it in a common machine-readable format within 30 days.

12.4 Deletion. We do not delete Customer Data automatically when your account ends: we keep it until you ask us to delete it. Write to [email protected] and we delete it, except what the law requires us to keep, such as invoices and tax records, for the period the law sets. Deleted data can remain for a short time in our database provider's point-in-time recovery history before it is gone.

13. Changes to these Terms

We may update these Terms. Material changes are emailed and shown in the app at least 30 days before they take effect. If you keep using the Service after that, you accept them; if you don't accept, you may cancel before the change takes effect. Each version is dated and kept in our public change log.

14. Governing law and disputes

14.1 These Terms are governed by the laws of the State of Wyoming (Asvara's state of registration), without regard to conflict-of-laws rules.

14.2 The state and federal courts located in Laramie County, Wyoming have exclusive jurisdiction, and each party consents to it.

15. General

15.1 Notices to you go to your account email. Notices to us go to [email protected] and, for formal legal notices, by mail to the address in 1.1.

15.2 Assignment. You may not assign these Terms without our consent. We may assign them to a successor of our business.

15.3 Force majeure. Neither party is liable for delays caused by events beyond reasonable control.

15.4 Entire agreement and order of precedence. These Terms, the DPA, the Privacy Policy and your Order are the entire agreement. If the DPA conflicts with these Terms about personal data, the DPA wins.

15.5 Language. If we provide a translation, the English version controls.

15.6 Severability and waiver. If a clause is unenforceable, the rest of the Terms stand. Not enforcing a clause is not a waiver of it.

What changed (change log)