1. Agreement to these Terms
These Terms of Use (“Terms”) form a legally binding agreement between you and ClearSD LLC, doing business as 1Melo (“1Melo,” “we,” “us,” or “our”).
By creating a 1Melo account, accepting these Terms, or otherwise using Services for which acceptance of these Terms is required, you agree to be bound by these Terms and our Privacy Policy.
If you use 1Melo on behalf of a company, property owner, property management company or other organization, you represent that you have authority to bind that organization. In that case, “you” includes both you and the organization.
You must be at least 18 years old and legally capable of entering into a binding agreement to create a host account or use 1Melo to manage a rental property.
2. Who uses 1Melo
For purposes of these Terms:
- User means anyone accessing or using the Services.
- Host User means any owner, host, landlord, property manager, operator, agent, employee, team member or other person or business using 1Melo to list, manage, offer, administer or accept bookings for a property.
- Guest means a traveler or other person using a 1Melo-powered direct-booking page or interacting with a Host User regarding a reservation.
- Property means a vacation rental or other accommodation configured or managed through 1Melo.
- Services means the 1Melo website, host application, booking pages, widgets, calendars, messaging, payment integrations and related functionality.
If you list, manage, operate or accept reservations for a Property, you are a Host User for purposes of these Terms regardless of the title you use for yourself.
3. What 1Melo provides
1Melo provides software that helps Host Users operate a direct-booking channel alongside other booking sources. Depending on the features available to an account, the Services may include:
- property and availability management;
- direct-booking pages and booking widgets;
- iCalendar synchronization;
- reservation management;
- pricing, taxes, fees and stay-rule configuration;
- rental-agreement acceptance records;
- guest messaging;
- PayPal payment integration;
- refund and payment-status records;
- team-member access and permissions; and
- related reporting, audit and administrative tools.
1Melo is a software provider. Unless we expressly agree otherwise in a separate written agreement, 1Melo is not the owner, operator, manager, landlord, broker, travel agent or insurer of any Property and does not provide lodging.
4. Accounts and authorized users
You are responsible for providing accurate account information and keeping it current. You must protect your password, email account and other credentials used to access 1Melo.
You are responsible for activity performed through your account by users whom you authorize, subject to the permissions 1Melo makes available.
You may not share credentials in a manner that circumvents user, permission or account limits.
Notify us promptly at info@1melo.com if you believe your account has been accessed without authorization.
5. Host responsibilities
A Host User is solely responsible for the rental business operated through that Host User’s account.
This includes responsibility for:
- having all rights, authority, licenses and permissions necessary to offer and manage each Property;
- the accuracy of Property descriptions, rates, fees, taxes, availability, occupancy limits, amenities and booking rules;
- the condition, safety, maintenance, security and habitability of the Property;
- complying with registration, permit, licensing, zoning and short-term-rental requirements;
- determining and collecting applicable lodging, occupancy, sales, tourism or other taxes unless another party has expressly agreed to perform that obligation;
- guest screening and decisions about whether to accept or reject a reservation;
- deposits, cancellations, refunds, damages, house rules and guest disputes;
- complying with applicable marketplace rules for reservations originating through a third-party marketplace; and
- complying with all laws and regulations applicable to the Host User, the Property and the rental transaction.
1Melo does not represent that operating a short-term or vacation rental is lawful in every jurisdiction.
6. Rental agreements and local compliance
Each Host User is solely responsible for determining whether the rental agreement, terms, disclosures, policies and rules used for a Property comply with all laws and requirements applicable to that Property and rental transaction.
Requirements can vary substantially by state, county, city, municipality and other governing authority. They may also vary based on the nature of the Property, length of stay, type of guest, amount charged or other circumstances.
Without limiting that responsibility, a Host User is responsible for determining whether its rental agreement and booking practices comply with applicable requirements concerning:
- short-term and vacation-rental regulations;
- landlord-tenant and transient-occupancy laws;
- licensing, registration and permit requirements;
- zoning and occupancy restrictions;
- mandatory guest disclosures;
- cancellation and refund requirements;
- security deposits and damage charges;
- mandatory or prohibited fees;
- tax disclosures and collection obligations;
- consumer-protection laws;
- privacy and data-protection requirements;
- accessibility and nondiscrimination laws;
- safety requirements;
- HOA, condominium, lease or community restrictions; and
- any other applicable federal, state, tribal or local law.
1Melo may provide fields, tools, examples, documentation or sample language that can help a Host User configure rental terms. Those materials are provided for convenience only.
1Melo does not provide legal advice, does not act as your attorney, and does not review, approve, certify or guarantee that your rental agreement or booking practices are lawful, complete or enforceable.
A Host User should obtain advice from a qualified attorney or other appropriate professional familiar with the laws governing the Property when determining what rental agreement, disclosures and policies to use.
The availability of a setting or feature within 1Melo does not mean that using that setting is lawful in every jurisdiction.
7. The host and guest relationship
A direct reservation made through a 1Melo-powered booking channel is a transaction between the Host User and the Guest.
The Host User, not 1Melo, determines the Property offered, rate, availability, rental terms, cancellation policy, refund policy, house rules and whether to accept the reservation.
1Melo is not a party to the rental agreement between a Host User and a Guest and does not guarantee the performance, conduct, identity or suitability of either party.
Disputes concerning the stay, Property, cancellation, refund, damage, deposit, rental agreement or guest conduct are primarily matters between the Host User and Guest.
1Melo does not act as an arbitrator or adjudicator of Host-Guest disputes.
8. Third-party marketplaces
1Melo may be used alongside services such as Airbnb, Vrbo, Booking.com and other booking channels. 1Melo is an independent product and is not affiliated with, endorsed by or partnered with those companies unless expressly stated otherwise.
Host Users are responsible for complying with the terms, communication policies, payment policies and other rules of every marketplace they choose to use.
Nothing in 1Melo authorizes a User to circumvent another platform’s terms or move a transaction off another platform in violation of that platform’s rules.
9. Calendar synchronization
1Melo can import and publish availability using the iCalendar (“iCal”) format.
iCal synchronization is not instantaneous. External platforms decide when they retrieve calendar feeds, and changes may take time to propagate between systems.
1Melo does not guarantee that calendar synchronization will prevent every conflicting, overlapping or double booking.
Host Users remain responsible for monitoring availability and resolving conflicts involving their Properties.
Outbound calendar addresses may contain private access tokens. Host Users must protect those addresses and regenerate them if they believe an address has been disclosed improperly.
10. Payments and PayPal
1Melo may allow a Host User to connect the Host User’s own PayPal Business account to accept payments for direct reservations.
PayPal, not 1Melo, provides the payment-processing services. PayPal’s services are subject to PayPal’s own agreements, policies, eligibility requirements and fees.
1Melo does not control whether PayPal approves, rejects, holds, reverses, refunds or charges back a transaction.
Payment disputes, chargebacks and bank or card disputes remain subject to the rules and decisions of PayPal, financial institutions, card networks and other applicable payment participants.
A payment status displayed in 1Melo reflects information available to 1Melo and does not constitute a guarantee that funds cannot later be reversed, disputed or returned.
Host Users are responsible for their own PayPal account and for complying with PayPal’s requirements.
11. 1Melo fees and subscriptions
Some 1Melo Services may be offered without charge, as a trial, or through a paid subscription.
Before charging you for a paid plan, 1Melo will present the applicable price and material billing terms and obtain any consent required by applicable law.
If a subscription automatically renews, the renewal frequency, recurring price or method for determining the price, and cancellation instructions will be presented as part of the subscription process.
You are responsible for applicable taxes imposed on your purchase of 1Melo Services, except taxes imposed on 1Melo’s own income.
Unless otherwise stated at purchase or required by law, cancelling a paid subscription stops future renewal but does not retroactively refund fees already earned for a completed subscription period.
12. User content and data
As between you and 1Melo, you retain your rights in information and content you submit to the Services, including Property information, business information, rental terms and communications.
You grant 1Melo a limited right to host, process, reproduce, transmit and display that content as reasonably necessary to provide, secure and support the Services.
You represent that you have the rights and permissions necessary to provide the information you submit and to direct 1Melo to process it as part of the Services.
Our handling of personal information is also governed by our Privacy Policy.
13. Acceptable use
You may not use the Services to:
- violate any applicable law or regulation;
- facilitate fraud or deceptive activity;
- impersonate another person or business;
- access another business’s information without authorization;
- probe, bypass or defeat security or access controls;
- introduce malware or harmful code;
- interfere with the operation of the Services;
- scrape, copy or use the Services in an automated manner except as expressly permitted;
- send unlawful, abusive or unsolicited communications through 1Melo;
- use another person’s personal information without an appropriate legal basis or authorization; or
- use 1Melo to facilitate an unlawful rental or other unlawful transaction.
14. Intellectual property
1Melo and its licensors retain all rights in the Services, software, design, branding, documentation and other materials provided by 1Melo, excluding User content.
Subject to these Terms, 1Melo grants authorized Users a limited, nonexclusive, nontransferable and revocable right to access and use the Services for their intended purpose.
You may not copy, reverse engineer, modify, resell, sublicense or create competing services from 1Melo software except to the extent applicable law expressly permits an activity that cannot lawfully be restricted.
If you voluntarily provide suggestions or feedback about 1Melo, you permit us to use that feedback without restriction or compensation, provided we do not publicly identify you as its source without permission.
15. Third-party services
The Services may interact with or link to third-party services, including PayPal and external calendar providers.
Third-party services are governed by their own terms and privacy policies. 1Melo is not responsible for a third party’s availability, security, policies, fees, decisions or performance.
A change made by a third-party provider may affect a 1Melo integration or feature.
16. Service availability and changes
We work to keep 1Melo available and reliable, but no online service can operate without interruption.
The Services may occasionally be unavailable because of maintenance, software updates, infrastructure failures, network problems, third-party outages, security events or circumstances outside our reasonable control.
We may add, modify or discontinue features as the product develops. Where a change materially affects a paid Service, we will provide notice when reasonably appropriate or legally required.
17. Suspension and termination
You may stop using 1Melo at any time, subject to any applicable subscription and cancellation terms.
We may suspend or restrict access when reasonably necessary to:
- protect an account or the Services from a security threat;
- investigate suspected fraud or unlawful conduct;
- address a material violation of these Terms;
- comply with law or legal process;
- prevent harm to other users or third parties; or
- address unpaid amounts that are properly due.
Where appropriate, we may provide notice and an opportunity to correct a violation before terminating an account.
Termination of a 1Melo account does not cancel or eliminate legal obligations arising from reservations, rental agreements, payments, refunds or disputes between a Host User and Guest.
18. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
1MELO DISCLAIMS WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE TO THE EXTENT THOSE WARRANTIES MAY LAWFULLY BE DISCLAIMED.
WITHOUT LIMITING THE FOREGOING, 1MELO DOES NOT WARRANT THAT:
- the Services will always be uninterrupted or error-free;
- calendar synchronization will be instantaneous;
- every conflicting reservation will be prevented;
- a guest or Host User will perform an agreement;
- a payment will never be disputed or reversed;
- a Property or rental transaction complies with applicable law; or
- a rental agreement created, entered or stored using 1Melo will be legally sufficient or enforceable in any particular jurisdiction.
Nothing in these Terms excludes a warranty or right that applicable law does not permit the parties to exclude.
19. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 1MELO AND ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS AND AFFILIATES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, BUSINESS, OPPORTUNITY, GOODWILL OR DATA, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, 1MELO’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF:
- THE AMOUNT YOU PAID TO 1MELO FOR THE SERVICES DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR
- $100.
These limitations apply regardless of the legal theory asserted and even if a remedy fails of its essential purpose, but they do not apply where applicable law prohibits the limitation or exclusion of the particular liability.
20. Arbitration Agreement and Class Action Waiver
20.1 Informal dispute resolution first
Before starting arbitration, you and 1Melo agree to make a good-faith effort to resolve the dispute informally.
You must send a written notice to info@1melo.com with the subject Notice of Dispute.
The notice should include:
- your name and account email address;
- a description of the dispute;
- the facts supporting your position; and
- the specific relief you are requesting.
If the dispute has not been resolved within 30 days after the notice is received, either party may begin arbitration.
20.2 Agreement to individual binding arbitration
Except for disputes expressly excluded below, any dispute, claim or controversy between you and 1Melo arising out of or relating to these Terms, the Services or your relationship with 1Melo will be resolved by binding arbitration on an individual basis.
The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
20.3 Arbitration administrator and rules
Arbitration will be administered by the American Arbitration Association (“AAA”).
If the dispute is subject to the AAA Consumer Arbitration Rules under applicable law and AAA’s rules, those Consumer Arbitration Rules will apply.
Otherwise, the AAA Commercial Arbitration Rules will apply.
If AAA is unable or unwilling to administer a particular arbitration, the parties will attempt to agree on another nationally recognized arbitration provider. If they cannot agree, either party may ask a court of competent jurisdiction to appoint an arbitrator or administrator as permitted by applicable law.
20.4 Arbitrator and relief
The arbitration will be heard by one neutral arbitrator unless the applicable rules require otherwise.
The arbitrator may award any individual remedy or relief that would otherwise be available in a court of competent jurisdiction, subject to these Terms and applicable law.
Judgment on an arbitration award may be entered in a court with jurisdiction over the award.
20.5 Arbitration fees
Arbitration fees will be allocated according to the applicable AAA rules and applicable law.
If the AAA Consumer Arbitration Rules apply, 1Melo will pay the arbitration costs that those rules or applicable law require the business to pay.
20.6 Small claims court
Either party may bring an individual claim in small claims court if the claim qualifies and remains within that court’s jurisdiction.
20.7 Certain court relief
Nothing in this Arbitration Agreement prevents either party from requesting temporary or preliminary court relief when reasonably necessary to prevent unauthorized access to the Services, misuse of intellectual property, disclosure of confidential information or similar immediate harm pending arbitration.
This Arbitration Agreement also does not require arbitration of a claim where applicable federal or state law gives a party a nonwaivable right to elect a judicial forum.
20.8 No class or representative proceedings
YOU AND 1MELO AGREE THAT CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN A CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE ACTION, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Unless both parties agree otherwise in writing, an arbitrator may not consolidate the claims of more than one person or preside over a representative or class proceeding.
20.9 Jury trial waiver
WHERE A DISPUTE IS SUBJECT TO ARBITRATION, YOU AND 1MELO EACH WAIVE THE RIGHT TO HAVE THAT DISPUTE DECIDED BY A JUDGE OR JURY IN COURT.
20.10 Right to opt out of arbitration
You may opt out of this Arbitration Agreement by notifying 1Melo within 30 days after you first accept the version of these Terms containing this Arbitration Agreement.
To opt out, email info@1melo.com with the subject Arbitration Opt-Out.
Your notice must include:
- your full name;
- the email address associated with your 1Melo account; and
- a clear statement that you wish to opt out of the 1Melo Arbitration Agreement.
Opting out of arbitration will not affect your ability to use 1Melo and will not affect the other provisions of these Terms.
20.11 Survival
This Arbitration Agreement survives termination of your account and termination of these Terms.
21. Indemnification
To the maximum extent permitted by applicable law, a Host User agrees to defend, indemnify and hold harmless 1Melo and its owners, officers, employees, contractors and affiliates from third-party claims, liabilities, damages, judgments, losses, costs and reasonable attorneys’ fees arising out of or relating to:
- the Host User’s Property or rental business;
- a stay, reservation or interaction with a Guest;
- the condition, safety or use of a Property;
- the Host User’s rental agreement, policies or disclosures;
- the Host User’s violation of applicable law;
- taxes, licenses, registrations or permits for which the Host User is responsible;
- the Host User’s violation of a third-party marketplace’s terms;
- content or information supplied by the Host User; or
- the Host User’s material breach of these Terms.
This obligation does not apply to the extent a claim results from 1Melo’s own conduct for which applicable law does not permit indemnification.
22. Governing law
The Federal Arbitration Act governs the Arbitration Agreement in Section 20.
Except where applicable law requires otherwise, these Terms and any dispute not subject to arbitration are governed by the laws of California, without regard to conflict-of-law rules.
Any claim permitted to proceed in court, other than an eligible small claims action or a claim for which applicable law requires another venue, must be brought exclusively in the state or federal courts located in San Diego County, California, and the parties consent to personal jurisdiction there.
23. Changes to these Terms
We may update these Terms as the Services, our business or applicable law changes.
When we update the Terms, we will post the revised version and update the effective date.
If a change is material, we may provide additional notice through the Services, by email or through another reasonable method.
Where applicable law or the nature of a change requires renewed affirmative acceptance, we will request that acceptance before the revised terms become binding in the manner required.
24. General terms
Entire agreement
These Terms, the Privacy Policy and any additional written terms expressly applicable to a particular 1Melo service form the agreement between you and 1Melo concerning the Services.
Severability
If a provision of these Terms is found unenforceable, it will be enforced to the maximum extent permitted by law, and the remaining provisions will remain in effect, except where applicable law requires a different result.
No waiver
Failure to enforce a provision on one occasion does not waive the right to enforce it later.
Assignment
You may not assign your rights or obligations under these Terms without our prior written consent. 1Melo may assign these Terms in connection with a merger, acquisition, reorganization, sale of assets or similar business transaction.
Electronic communications
You agree that notices and communications relating to your account may be provided electronically, including through the Services or the email address associated with your account, to the extent permitted by applicable law.
Section headings
Section headings are for convenience and do not limit the meaning of these Terms.
25. Contact us
Questions about these Terms can be sent to:
1Melo
ClearSD LLC
Email:
info@1melo.com
Notices of disputes and arbitration opt-outs should use the email address and subject lines specified in Section 20.