Effective Date: April 20th, 2025
1. Service Description
Moby is a Digital Concierge Software that provides information and assistance related to a Guest's stay on behalf of their Host, including details about the rental property, amenities, and local attractions ("Moby"). The information is provided for general informational purposes only and should not be considered as professional advice.
2. Acceptance of Terms
In these terms and conditions, "User" or "Users" means any third party that uses Moby (either the Guest or the Host).
These terms and conditions apply between you (either the Guest or the Host), and Moby, LLC, the owner and operator of the Moby Digital Concierge Software. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of Moby, including Chat and Walkie Talkie. If you do not agree to be bound by these terms and conditions, you should stop using Moby, Chat and Walkie Talkie immediately.
3. Use License and Acceptable use
3.1 Use License: Moby grants Users a limited, revocable, non-sublicensable license to use the Moby software, subject to applicable terms and conditions, and requiring the payment by the Host of applicable fees.
3.2 Acceptable Use: Users may utilize Moby solely for the purpose of managing Guest communication and obtaining assistance and information about their rental properties, including but not limited to property-specific details, local recommendations, and rental-related inquiries.
4. Intellectual Property
4.1 All Content included in Moby, is the property of Moby, LLC. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software, and any other form of information capable of being stored in a computer that appears on or forms part of Moby, including any such content provided by Users. By continuing to use Moby you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on Moby without the owner's prior written permission.
4.2 Moby, LLC owns all right, title and interest in and to Moby, and any intellectual property rights associated with it and with the Company.
5. Prohibited Use
You may not:
6. Availability of Moby and Disclaimers
6.1 General Disclaimer: Any information provided by Moby during the User's interaction with Moby as a Concierge is a product of Generative Artificial Intelligence. This implies that such information is offered "as is". We give no warranty that the information will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
Generative AI technology can make mistakes:
Generative AI is a new technology. It is continuously evolving and may sometimes give inaccurate, offensive, or inappropriate information that doesn't represent Moby's or host's views.
Users shall not rely on responses from Moby as medical, legal, financial, or other professional advice.
User's feedback will help make Moby better.
Moby processes the User's voice and audio data if they speak but by default, this information is not saved to Moby servers.
Additionally, please read and understand Open AI Terms and Conditions by visiting this page https://openai.com/policies/
6.2 No Liability for Actions: Moby is not liable for any actions taken by guests based on the information provided by Moby.
6.3 Technical Issues: Moby accepts no liability for any disruption or non-availability of the Software.
6.4 Moby reserves the right to alter, suspend or discontinue any part (or the whole of) the Software including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of Moby unless it is expressly stated otherwise.
7. Privacy Policy
Your use of Moby is also governed by our Privacy Policy, which outlines how we collect, use, and protect your personal information. Our Privacy Policy is incorporated into these terms and conditions by this reference. To view the Privacy Policy, please click on the following: Privacy Policy.
8. Guest and User Responsibilities
8.1 Information verification: Guests are responsible for using their discretion and verifying any information provided by Moby. For critical issues or emergencies, Guests should contact their Host or the relevant authorities directly.
8.2 User Content: Any content the User submits or shares through Moby is the User's responsibility. The User agrees not to submit content that is unlawful, harassing, threatening, harmful, tortious, defamatory, libelous, abusive, violent, obscene, vulgar, invasive of another's privacy, hateful, racially or ethnically offensive, or otherwise objectionable.
8.3 Accuracy: The User is responsible for the accuracy of the information the User provides when using Moby.
9. Subscription plans and Payments
9.1 Non Royalty Free Subscription Services: When the Host chooses to subscribe to our services, the Host agrees to pay the specified fees for the selected subscription type and billing cycle.
9.2 The following subscription options are available:
(i)
(ii)
9.3 Payment Information: When making payments through Moby, the Host must provide accurate and up-to-date payment information. The Host's payment information is subject to our Privacy Policy.
9.5 Billing and Renewal: The Host's subscription to Moby will be automatically renewed at the end of each billing cycle unless the Host cancels it at least three months prior to the end of each billing cycle. A billing cycle will start on the subscription date and will last (*).
10. Limitation of Liability
Since the information provided by Moby is AI generated, we cannot guarantee the accuracy, completeness, or timeliness of the information provided by Moby. Thus, the User acknowledges that any reliance on the information provided by Moby is at the User's own risk.
10.1 Nothing in these terms and conditions will: (a) limit or exclude the User's liability for death or personal injury resulting from their negligence, as applicable; (b) limit or exclude the User's liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of the User's liabilities in any way that is not permitted under applicable law.
10.2 We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
10.3 To the maximum extent permitted by law, Moby accepts no liability for any of the following:
a. any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
b. loss or corruption of any data, database or software;
c. any special, indirect, incidental, special, consequential, or punitive damages arising from your use of Moby or any disruptions to its services.
11. Termination
11.1 The Guest's User License will terminate upon the end of his tenancy at the Host's property, unless it violates these terms and conditions or engages in prohibited activities.
11.2 The Host's User License will terminate upon the end of his subscription, unless it violates these terms and conditions or engages in prohibited activities.
11.3 We reserve the right to suspend or terminate your access to Moby if you violate these terms and conditions or engage in prohibited activities.
11.4 Upon termination, your right to use Moby will cease immediately.
12. Governing Law
12.1 Host - Moby relationship: These terms and conditions are governed by and construed in accordance with the laws of the state of California, without regard to its conflict of law principles.
12.2 Guest - Moby relationship: These terms and conditions are governed by the laws of the jurisdiction in which the rental property is located. Any disputes arising from these T&C shall be resolved in accordance with the applicable laws and courts of that jurisdiction.
13. Privacy and Data Use
Moby may collect and use data related to the User's interaction with Moby to improve the Guest's experience. All data is handled in accordance with our Privacy Terms.
14. Contact Us
14.1 For Hosts: If you have any questions or concerns about these Terms and Conditions or the use of Moby, please contact us at our address: 213 N Glendale Ave., #1180, Glendale, CA 91206 or visit our website at https://moby.host
14.2 For Guests: For any questions or concerns regarding these terms and conditions, please contact your host directly.
15. General
15.1 These terms and conditions together with the Privacy Policy contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.
15.2 If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
15.3 Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.