CampGuide Terms of Service
- Last updated:
- June 15, 2026
- Effective date:
- June 15, 2026
These Terms of Service (the "Terms") are a legally binding agreement between CampGuide Inc, a Delaware corporation with offices at 8 The Green, STE B, Dover, Delaware 19901, United States ("CampGuide," "Company," "we," "us," or "our"), and the person or entity that accesses or uses the Services ("you" or "your").
The Services include our software platform for campground and RV-park operators ("CampGuide Host"), our consumer trip-planning and booking applications, our public booking pages, our application programming interfaces ("APIs"), and our websites and applications, including those at campguide.app, host.campguide.app, app.campguide.app, camp.campguide.app, and their related subdomains (collectively, the "Services").
PLEASE READ THESE TERMS CAREFULLY. They include an arbitration agreement, a class-action waiver, a jury-trial waiver, and limitations of our liability (Sections 17, 14, and 15). By creating an account, clicking to accept, or otherwise accessing or using the Services, you agree to these Terms. If you do not agree, do not access or use the Services.
Our Privacy Policy and, where applicable, our Data Processing Addendum (the "DPA") are incorporated into these Terms by reference.
Table of Contents
- Definitions
- Eligibility and Accounts
- Overview of the Services
- Host (Operator) Terms
- Guest (Consumer) Terms
- Fees, Subscriptions, and Platform Fees
- Payments and Stripe Connect
- Messaging, SMS, and Telephone Consent
- Acceptable Use and Prohibited Conduct
- Intellectual Property and Content
- Third-Party Services and Links
- Privacy and Electronic Communications
- Confidentiality
- Disclaimers
- Limitation of Liability
- Release and Indemnification
- Dispute Resolution and Arbitration
- Term, Suspension, and Termination
- Governing Law and Venue
- Changes to These Terms
- International Use and Export Controls
- California Users
- Copyright Complaints (DMCA)
- General Provisions
- Contact
1. Definitions
- "Host" or "Operator" means a campground, RV park, or other lodging business (and its authorized personnel) that subscribes to or uses CampGuide Host to manage one or more Parks.
- "Guest" means an individual who searches for, requests, books, or stays at a Park through the Services, or who otherwise interacts with the consumer-facing Services.
- "Park" means a campground, RV park, or other property and its bookable inventory configured within the Services.
- "Organization" means the legal entity that owns one or more Parks and holds the subscription to CampGuide Host.
- "Account" means a registered user login within the Services.
- "Order" means the plan selection, order form, online sign-up flow, or other ordering document by which a Host subscribes to the Services and which references these Terms.
- "Content" means any text, data, images, photographs, layouts, listings, rates, policies, reviews, messages, documents, and other materials made available through the Services.
- "Host Data" means Content and data that a Host or its Guests submit to, store in, or generate through the Services in connection with a Park, including Guest personal information processed on a Host's behalf.
- "User Content" means Content that you submit, upload, post, or transmit through the Services.
- "Stripe" means Stripe, Inc. and its affiliates, our payments provider.
2. Eligibility and Accounts
Age. The Services are not directed to children. You must be at least eighteen (18) years old to use the Services. By using the Services, you represent and warrant that you are at least eighteen (18) years old and have the legal capacity to enter into these Terms. We do not knowingly collect personal information from children under thirteen (13); if you believe a child under thirteen has provided us personal information, contact us at support@campguide.app and we will take appropriate steps to delete it.
Authority. If you accept these Terms on behalf of an Organization or other entity, you represent that you are authorized to bind that entity, and "you" refers to that entity.
Account registration. Host Accounts are invite-only: an Account is created when an Organization owner or a CampGuide administrator invites you, and access may be subject to approval. You agree to provide accurate, current, and complete information and to keep it updated. You are responsible for safeguarding your credentials and for all activity that occurs under your Account. Accounts are personal to the assigned individual, are non-transferable, and may not be shared. Notify us promptly at support@campguide.app of any unauthorized use.
Roles and permissions. Access within a Park is role-based and park-scoped (for example, owner, manager, front desk, housekeeping, or maintenance). The Organization is responsible for assigning roles appropriately and for the actions of its personnel. We are not responsible for how an Organization configures roles, permissions, or access among its own users.
3. Overview of the Services
CampGuide operates a two-sided platform:
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For Hosts, CampGuide Host is a multi-tenant software-as-a-service application for running a campground or RV-park business, including reservations and a booking calendar, inventory and site management, a pricing engine, availability rules and policies, operations tools (cleaning, work orders, long-stay/utility billing), a point-of-sale register, guest messaging, reporting, payments through Stripe Connect, and related features. Features may vary by plan and by the configuration enabled for a Park.
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For Guests, the Services let you discover Parks, view availability and policies, request or make reservations, complete self check-in, communicate with the Park, and pay for stays and incidentals.
We are a technology platform, not a campground. Except for the subscription relationship between CampGuide and a Host, CampGuide is not a party to, and is not responsible for, the agreement between a Guest and a Park. Each Host is an independent business solely responsible for its Park, listings, rates, policies, taxes, accommodations, communications, and conduct. We do not own, operate, manage, inspect, endorse, or guarantee any Park, and we do not independently verify Host listings, rates, availability, reviews, or representations. Any dispute regarding a stay, reservation, refund, property condition, or Park conduct is between the Guest and the Host.
We may, but are not obligated to, monitor, review, or remove Content or restrict use of the Services to operate, secure, and improve them; enforce these Terms; comply with law or legal process; or address Content or conduct we deem harmful, unlawful, or objectionable.
4. Host (Operator) Terms
This Section 4 applies to Hosts and Organizations. It is in addition to the generally applicable Sections of these Terms.
4.1 License to the platform. Subject to these Terms and payment of applicable fees, we grant your Organization a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use CampGuide Host during your subscription term, solely for your internal business purpose of operating your Park(s). We reserve all rights not expressly granted.
4.2 Host responsibilities. You are solely responsible for:
- the accuracy, legality, and completeness of your Park listings, site descriptions, rates, fees, taxes, deposits, availability, house rules, check-in and check-out procedures, and cancellation and refund policies;
- determining, collecting, reporting, and remitting all sales, lodging, occupancy, tourism, and other taxes applicable to your Park and transactions (CampGuide's tax-reporting features are informational tools only and do not constitute tax advice or a tax-filing service);
- honoring the rates, policies, and confirmations presented to your Guests through the Services;
- your relationship and all communications with your Guests, and for resolving Guest disputes, refunds, and chargebacks relating to your Park;
- complying with all laws applicable to your business, including consumer protection, lodging, accessibility, safety, payment, privacy, and marketing/communications laws; and
- maintaining your own backups of any Host Data you consider critical, in addition to the export tools we provide.
4.3 Host Data; data protection roles. As between you and CampGuide, you own your Host Data. You grant us a worldwide, non-exclusive license to host, copy, process, transmit, display, and otherwise use Host Data as necessary to provide, secure, maintain, and improve the Services and as permitted by the Privacy Policy and DPA. For personal information of your Guests processed through the Services, you are the data controller (or business) and CampGuide acts as your processor (or service provider); that processing is governed by the DPA. You represent that you have provided all notices and obtained all consents and lawful bases necessary for us to process Guest personal information on your behalf.
4.4 Data export, retention, and deletion. You may export your Park's data through the in-product export tools. Cancellations and refunds preserve underlying records; Guest deletion anonymizes personal information while retaining financial records; and Park deletion anonymizes Guest data and archives the Park. To support legal, accounting, audit, and anti-fraud obligations, financial records, including invoices, payments, refunds, platform-fee accruals, reservations, and audit logs, are retained for at least seven (7) years and are not removed by ordinary deletion paths. Following termination, we will make Host Data available for export for a limited period as described in Section 18, after which we may delete or anonymize it consistent with our retention practices and applicable law.
4.5 Third-party operator integrations. Certain features rely on third-party services that you may enable, including Stripe (payments), Twilio (SMS), BoldSign (e-signature), and Wild Energy (utility metering). Your use of those features is also subject to the applicable third-party terms, and you are responsible for obtaining and maintaining any required accounts, registrations, and consents (see Sections 7, 8, and 11). We decide, in our discretion, which third-party services the Services integrate with, and we may add, change, or discontinue an integration at any time, using reasonable efforts to give advance notice of a discontinuation that we expect to materially affect your use. We are not responsible for the availability, performance, or acts or omissions of any third-party service, and the change or discontinuation of an integration does not entitle you to terminate your subscription early or to a refund.
4.6 Feature availability; new and beta features. Features may be added, changed, deprecated, or gated by plan or feature flag, and may default on or off. We may offer features designated as beta, preview, early-access, or evaluation ("Beta Features"). Beta Features are provided "as is," may be changed or discontinued at any time, are excluded from any service commitments, and may not be relied upon for production use.
4.7 Service availability and maintenance. We use commercially reasonable efforts to keep the Services available but do not guarantee uninterrupted or error-free operation. The Services may be unavailable during planned or emergency maintenance or due to factors within or outside our control. We will use reasonable efforts to give advance notice of planned maintenance that we expect to cause significant downtime. Unless a separate written service-level agreement applies, the Services are provided without an uptime commitment.
4.8 Support. Support is provided according to your plan or Order. Standard support covers configuration questions, technical problems, and general usage questions for the Services as provided. Unless expressly included in your plan or purchased separately, support does not include detailed onboarding, setup, data migration, custom development, scripting, design services, consulting, training, or on-site assistance, which are billed separately. We support only the Services we provide and not your hardware, networks, devices, or third-party software; where an issue originates outside the Services, we will, where we reasonably can, point you in the right direction, but resolution is your responsibility and that of the relevant provider. We may withhold support for an Account that is past due.
4.9 Not professional, accounting, or bookkeeping services. The Services include reporting, reconciliation, tax-calculation, and similar tools that are provided as operational aids only. They are not, and are not a substitute for, professional accounting, bookkeeping, tax, legal, or financial advice or services. We do not provide a bookkeeping service and do not balance or reconcile your third-party payment, accounting, or banking systems; questions about those systems must be directed to the applicable provider. You are responsible for verifying your own financial records and for compliance with the laws applicable to your business (see Sections 4.2 and 14).
5. Guest (Consumer) Terms
This Section 5 applies to Guests. It is in addition to the generally applicable Sections of these Terms.
5.1 Your agreement is with the Park. When you request or make a reservation, you form an agreement directly with the Host/Park, subject to that Park's rates, fees, deposits, taxes, house rules, and cancellation policy as presented at booking. You are responsible for reviewing and complying with those terms and for ensuring that you and your party meet them. CampGuide facilitates the booking and payment but is not the provider of the accommodation and is not a party to that agreement.
5.2 No endorsement or guarantee. We do not endorse, recommend, inspect, or guarantee any Park, and we do not verify Host representations, availability, or Guest reviews. Reviews and statements reflect the views of the individual user, not CampGuide. You evaluate and select Parks at your own discretion and risk.
5.3 Bookings, payment, cancellation, and modification. You agree to pay all amounts associated with your reservation, including rates, fees, deposits, and taxes presented at checkout, and you authorize the Park and its payment processor to charge your selected payment method. Refunds, cancellations, and modifications are governed by the Park's applicable policy as presented at the time of booking. Both you and the Park are responsible for changes you make to a reservation, including any applicable fees. Disputes about a charge, cancellation, or refund are between you and the Park.
5.4 Reviews. If you submit a review, you represent that it reflects your genuine first-hand experience, is not false, defamatory, or unlawful, and does not violate any third-party rights. Reviews may be subject to time windows and editing limits and may become locked after a period. We may decline to publish or may remove reviews that violate these Terms.
5.5 Self check-in and signatures. Some Parks use tokenized self check-in and electronic signature. By completing an electronic signature or "type-to-sign" flow, you consent to transact electronically and agree that your electronic signature is legally binding to the same extent as a handwritten signature.
6. Fees, Subscriptions, and Platform Fees
6.1 Subscription fees (Hosts). Subscription fees, the billing period, the plan, and any included limits are set out in your Order or in-product plan selection. Unless stated otherwise, all fees are stated and payable in U.S. dollars and are charged in advance. You authorize us (and our payment processor) to charge your designated payment method for all amounts due. Your billing period begins on your subscription start date and fees accrue from that date regardless of whether you have completed setup, onboarding, or training, or have begun live use of the Services.
6.2 Auto-renewal. Subscriptions automatically renew for successive periods of the same length unless cancelled before the end of the then-current period. You may cancel renewal through the Services or by contacting support@campguide.app; cancellation takes effect at the end of the current paid period. Free trials, if offered, automatically convert to a paid subscription at the end of the trial unless cancelled beforehand.
6.3 Platform (per-booking) fees. In addition to subscription fees, CampGuide may earn a per-booking platform fee on reservations processed through the Services, as disclosed in-product and configured for your Park. Platform fees are accrued per booking and collected and settled as described in the Services. We may change platform-fee rates as provided in Section 6.8.
6.4 Taxes. Fees are exclusive of taxes. You are responsible for any taxes assessed on the fees you pay to CampGuide (other than taxes on our net income). Hosts remain solely responsible for taxes on their own Guest transactions (Section 4.2).
6.5 Non-payment; past due. If a payment is past due or a trial expires without conversion, we may apply a soft read-only restriction, limit features, suspend access, withhold support, and/or charge interest on overdue amounts to the extent permitted by law. You are responsible for the reasonable costs we incur in collecting past-due amounts, including collection-agency fees and reasonable attorneys' fees. Continued non-payment is grounds for suspension or termination under Section 18.
6.6 No refunds. Except as expressly stated in these Terms or required by applicable law, fees paid to CampGuide are non-refundable and amounts owed are not subject to set-off. This Section 6.6 does not govern Guest-to-Park refunds, which follow the applicable Park policy (Section 5.3).
6.7 Billing changes. You must keep your billing information accurate. You are responsible for fees, fines, chargebacks, and reversals incurred in connection with your Account, and you agree to reimburse us for amounts we incur as a result of your failure to pay or of a chargeback you initiate without justification.
6.8 Fee changes. We may change subscription fees and platform-fee rates. For an increase, we will provide at least thirty (30) days' advance notice (by email to your Account's primary email address and/or by in-product notice), and the new amount will take effect at the start of your next billing period or renewal term following the notice period. Your continued use of the Services after the change takes effect constitutes acceptance; if you do not agree to an increase, you may cancel renewal under Section 6.2 before it takes effect.
7. Payments and Stripe Connect
7.1 Stripe as processor. Payments are processed through Stripe. By using payment features, you agree to Stripe's applicable terms, including the Stripe Services Agreement and, for Hosts, the Stripe Connected Account Agreement. Your payment-related information is collected and processed by Stripe under its terms and privacy policy.
7.2 Hosts as connected accounts. To accept payments, a Host must complete Stripe-hosted onboarding and maintain a Stripe connected account in good standing. A Park cannot accept charges until Stripe has enabled charges for its connected account. You are responsible for providing accurate onboarding, identity, and bank information and for satisfying Stripe's verification (KYC), risk, and compliance requirements.
7.3 Settlement, refunds, and chargebacks. Payments for a Park's bookings are processed through that Park's connected account, with a platform fee routed to CampGuide (Section 6.3). As between CampGuide and the Host, the Host is responsible for its own transactions, including issuing refunds, responding to disputes and chargebacks, and any associated fees, reversals, and negative balances. You authorize us and Stripe to deduct refunds, chargebacks, platform fees, and related amounts from your balances or payment method. We are not a bank, money transmitter, or fiduciary, and we do not hold funds on your behalf except as incidental to the Stripe Connect flow.
7.4 Point of sale. Card-present transactions use Stripe Terminal. You are responsible for the security and proper use of any card readers you register.
8. Messaging, SMS, and Telephone Consent
8.1 Transactional and automated messages. The Services send transactional communications by email and SMS related to reservations and Park operations (for example, booking confirmations, pre-arrival information, check-in links, checkout and balance-due reminders, and thank-you messages). Message and data rates may apply, and delivery depends on your carrier. SMS features are provided on an "as available" basis, and we are not liable for delayed or failed delivery.
8.2 Opt-out. Guests may opt out of SMS at any time by replying STOP (and may resume with START, or get help with HELP). Opting out of transactional messages may affect your ability to receive reservation-related information.
8.3 Host responsibility for consent and compliance. SMS to Guests is sent through CampGuide-managed messaging infrastructure (including per-Park phone numbers) on the Host's behalf. The Host is responsible for obtaining and documenting all legally required consents from Guests to receive calls and text messages and for compliance with the Telephone Consumer Protection Act (TCPA), CAN-SPAM, A2P 10DLC registration requirements, carrier rules, and other applicable communications laws. You will not use the messaging features to send unlawful, deceptive, or unsolicited marketing messages. You agree to indemnify CampGuide for claims arising from your messaging practices (Section 16).
9. Acceptable Use and Prohibited Conduct
You agree not to, and not to permit any third party to:
- use the Services for any unlawful, infringing, fraudulent, deceptive, or harmful purpose, or in violation of these Terms;
- violate the privacy, publicity, intellectual property, or other rights of others, or misappropriate confidential information;
- defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, or post obscene, indecent, or unlawful material;
- upload or transmit viruses, worms, malware, or other harmful code, or material that you do not have the right to transmit;
- impersonate any person or entity, create a false identity, or create or use an Account for anyone other than yourself or your Organization, or imply affiliation with or endorsement by CampGuide without our consent;
- access or attempt to access another user's Account, Park, or data, or any portion of the Services you are not authorized to access;
- probe, scan, overburden, disrupt, or interfere with the integrity or performance of the Services, or bypass or attempt to bypass any security, access control, rate limit, or usage limit;
- use any robot, spider, scraper, crawler, or other automated means to access, copy, or harvest data or Content from the Services, except through our APIs in accordance with these Terms and any API documentation;
- reverse engineer, decompile, disassemble, or attempt to derive source code from the Services, except to the extent this restriction is prohibited by applicable law;
- copy, frame, mirror, resell, sublicense, rent, lease, or otherwise commercially exploit the Services or Content except as expressly permitted;
- use the Services to build or benchmark a competing product or service, or monitor availability or performance for any competitive purpose; or
- use the Services in violation of applicable export, sanctions, anti-corruption, privacy, or other laws.
We may investigate and take action, including removing Content, throttling, suspending, or terminating access, and cooperating with law enforcement, for any actual or suspected violation.
10. Intellectual Property and Content
10.1 Our ownership. The Services, including all software, design, text, graphics, logos, product names (such as CampGuide, CampGuide Host, and associated feature names), and the underlying technology and infrastructure, are owned by CampGuide or our licensors and are protected by intellectual property laws. Except for the limited rights expressly granted in these Terms, no rights are granted to you, and we reserve all rights, title, and interest. You may not use our names, logos, or trademarks without our prior written consent.
10.2 Your Content. You retain ownership of your User Content and Host Data. You grant CampGuide a worldwide, non-exclusive, royalty-free, sublicensable (to our service providers) license to host, store, reproduce, modify (for formatting and display), distribute, and display your User Content solely as needed to operate, provide, secure, and improve the Services and as permitted by the Privacy Policy and DPA. You represent that you own or have all rights and permissions necessary to grant this license and that your User Content does not violate these Terms or any law or third-party right.
10.3 Content between Hosts and Guests. You authorize CampGuide to transmit and display Content as necessary to connect Hosts and Guests, for example, sharing a Guest's booking details with the selected Park, and displaying a Park's listing, rates, and policies to Guests. We are not responsible for Content provided by Hosts or Guests.
10.4 Feedback. If you provide suggestions, ideas, or other feedback about the Services ("Feedback"), you grant CampGuide a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate the Feedback for any purpose without restriction or compensation.
10.5 Trademarks. Names of other companies and products mentioned in the Services may be trademarks of their respective owners. Any rights not expressly granted are reserved.
11. Third-Party Services and Links
The Services integrate with and may link to third-party services and websites, including Stripe, Twilio, BoldSign, Wild Energy, mapping and weather providers, and others. Those services are governed by their own terms and privacy policies, are not under our control, and we are not responsible for their content, availability, accuracy, performance, or practices, or for any loss, delay, or damage arising from a third-party service (including any payment gateway, channel manager, accounting system, or point-of-sale system). Your use of a third-party service is at your own risk and may require you to accept that provider's terms. Inclusion of a link or integration does not imply endorsement, and the change, interruption, or discontinuation of any third-party service or integration does not entitle you to terminate early or to a refund (see Section 4.5).
12. Privacy and Electronic Communications
12.1 Privacy. Our collection and use of personal information is described in our Privacy Policy. For Guest personal information processed on a Host's behalf, the DPA governs and the Host is the controller (Section 4.3).
12.2 Electronic communications. By using the Services, you consent to receive communications from us electronically, including by email, SMS, and notices posted in the Services, and you agree that electronic communications, agreements, notices, disclosures, and records satisfy any legal requirement that such communications be in writing. You may withdraw consent to non-essential electronic communications, but doing so may limit your use of the Services.
13. Confidentiality
Each party may receive non-public information of the other ("Confidential Information"), including, in CampGuide's case, the non-public features, pricing, and performance of the Services. The receiving party will use Confidential Information only to exercise its rights and perform its obligations under these Terms, will protect it with reasonable care, and will not disclose it except to personnel and advisors who need to know and are bound by confidentiality. Confidential Information does not include information that is public through no fault of the receiving party, independently developed, or rightfully received from a third party. A party may disclose Confidential Information if required by law, with reasonable notice where permitted.
14. Disclaimers
THE SERVICES, INCLUDING ALL CONTENT AND THIRD-PARTY SERVICES, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CAMPGUIDE DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, THAT DATA WILL NOT BE LOST, THAT ANY RESULT WILL BE ACHIEVED, OR THAT THE SERVICES WILL BE FREE FROM UNAUTHORIZED ACCESS BY THIRD PARTIES. INFORMATION PROVIDED THROUGH THE SERVICES (INCLUDING RATES, AVAILABILITY, TAX CALCULATIONS, REPORTS, AND WEATHER OR ROUTING DATA) MAY CONTAIN ERRORS, INACCURACIES, OR OMISSIONS, AND SHOULD NOT BE RELIED UPON FOR LEGAL, FINANCIAL, TAX, OR SAFETY DECISIONS WITHOUT INDEPENDENT VERIFICATION OR PROFESSIONAL ADVICE.
WE DO NOT WARRANT THAT THE SERVICES, OR YOUR USE OF THEM, COMPLY WITH ANY PARTICULAR LAW OR REGULATORY REQUIREMENT APPLICABLE TO YOUR BUSINESS, INCLUDING TAX, INVOICING, ACCOUNTING, TRUST-ACCOUNTING, LODGING, ACCESSIBILITY, PAYMENT, PRIVACY, OR COMMUNICATIONS REQUIREMENTS. IT IS YOUR RESPONSIBILITY TO ENSURE THAT YOUR USE OF THE SERVICES, AND YOUR BUSINESS, COMPLY WITH ALL APPLICABLE REQUIREMENTS.
CAMPGUIDE IS NOT RESPONSIBLE FOR THE ACTS, OMISSIONS, OR CONTENT OF HOSTS, GUESTS, OR ANY THIRD PARTY, OR FOR ANY PARK, STAY, OR TRANSACTION BETWEEN A GUEST AND A HOST. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
15. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
15.1 Excluded damages. IN NO EVENT WILL CAMPGUIDE OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS, OR COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
15.2 Liability cap. CAMPGUIDE'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES YOU PAID TO CAMPGUIDE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100).
15.3 Basis of the bargain. THE LIMITATIONS IN THIS SECTION 15 ARE A FUNDAMENTAL BASIS OF THE BARGAIN BETWEEN YOU AND CAMPGUIDE AND APPLY EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
16. Release and Indemnification
16.1 Release. Because CampGuide is not a party to the agreement between a Guest and a Host, you release CampGuide and our affiliates and their respective officers, directors, employees, agents, and service providers from any claims, demands, and damages (actual and consequential) of every kind, known and unknown, arising out of or connected with any dispute between you and a Host, a Guest, or any other user. If you are a California resident, you waive California Civil Code Section 1542, which states: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY." You waive any analogous law in any other jurisdiction. This release does not apply to a claim that CampGuide failed to meet its obligations under these Terms.
16.2 Indemnification. You will defend, indemnify, and hold harmless CampGuide and our affiliates and their respective officers, directors, employees, agents, and service providers from and against any third-party claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use or misuse of the Services; (b) your User Content or Host Data; (c) your violation of these Terms or any law or third-party right; (d) for Hosts, your Park, your transactions with Guests, your tax obligations, and your messaging and data-protection practices; and (e) your fraud, willful misconduct, or negligence. We may assume the exclusive defense and control of any matter subject to indemnification, in which case you will cooperate with us.
17. Dispute Resolution and Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO BRING A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL, AND REQUIRES INDIVIDUAL ARBITRATION OF MOST DISPUTES.
17.1 Informal resolution first. Before starting an arbitration or a small claims action, you agree to first contact us at support@campguide.app and give us sixty (60) days to resolve the dispute informally. Most concerns can be resolved this way.
17.2 Agreement to arbitrate. Except for the matters in Section 17.5, you and CampGuide agree that any dispute, claim, or controversy arising out of or relating to the Services or these Terms will be resolved by binding individual arbitration rather than in court. The Federal Arbitration Act governs the interpretation and enforcement of this Section 17.
17.3 Arbitration procedures. The arbitration will be administered by the American Arbitration Association (AAA) under its rules then in effect (including the Consumer Arbitration Rules where applicable), available at www.adr.org. The arbitration may be conducted by telephone, by video, on written submissions, or in person in the county where you reside or another mutually agreed location. The arbitrator has exclusive authority to resolve disputes about the interpretation, scope, or enforceability of this arbitration agreement and may award the same individual relief a court could.
17.4 Class-action and jury-trial waiver. Arbitration and any other proceeding will be conducted only on an individual basis and not in a class, consolidated, or representative action. You and CampGuide each waive any right to a jury trial and to participate in a class or representative proceeding. If this waiver is found unenforceable as to a particular claim, that claim (and only that claim) will proceed in court, and the rest of this Section 17 will remain in effect.
17.5 Exceptions. Either party may (a) bring an individual claim in small claims court if it qualifies, and (b) seek injunctive or other equitable relief in court to protect its confidential information or intellectual property or to stop unauthorized use of the Services, without first engaging in informal resolution or arbitration.
17.6 30-day opt-out. You may opt out of this arbitration agreement within thirty (30) days of first accepting these Terms by sending written notice to CampGuide Inc, 8 The Green, STE B, Dover, Delaware 19901, United States, that includes your name, the email associated with your Account, and a clear statement that you wish to opt out of arbitration. Opting out does not affect any other part of these Terms.
17.7 Survival. This Section 17 survives termination of these Terms.
18. Term, Suspension, and Termination
18.1 Term. These Terms apply while you access or use the Services. A Host's subscription term and renewals are set out in the Order and Section 6.
18.2 Termination by you. You may stop using the Services at any time. Hosts may cancel a subscription as described in Section 6.2 (effective at the end of the current paid period). If your Order specifies a minimum or committed term, cancelling before the end of that term does not entitle you to a refund of prepaid fees, and any fees committed for the remainder of the term remain payable. Promotional or waived onboarding charges (such as setup, training, or migration) may be charged at their standard amount if you terminate before the end of a committed term.
18.3 Suspension and termination by us. We may suspend or terminate your access to the Services, in whole or in part, with or without notice, if: (a) you breach these Terms; (b) your payment is past due; (c) we reasonably believe your use poses a security, legal, or fraud risk or harms other users or the Services; or (d) we are required to do so by law. Where practicable and lawful, we will provide notice.
18.4 Effect of termination. Upon termination, your right to access the Services ceases. For Hosts, we will, on request and for a limited period (typically thirty (30) days, subject to your account being in good standing), make Host Data available for export, after which we may delete or anonymize it consistent with Section 4.4 and our retention practices. Financial and audit records are retained as described in Section 4.4. Termination does not relieve you of obligations to pay amounts accrued before termination.
18.5 Survival. Provisions that by their nature should survive, including Sections 6 (accrued fees), 10, 13, 14, 15, 16, 17, 19, and 24, survive termination.
19. Governing Law and Venue
These Terms and any dispute arising out of or relating to them or the Services are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules, and, where applicable, by the Federal Arbitration Act. Subject to Section 17 (Arbitration), any claim not subject to arbitration will be brought exclusively in the state or federal courts located in New Castle County, Delaware, and you and CampGuide consent to the personal jurisdiction and venue of those courts. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
20. Changes to These Terms
We may update these Terms from time to time. If we make material changes, we will provide notice by updating the "Last updated" date above and, where appropriate, by additional notice such as email or an in-product notice. Changes are effective when posted unless stated otherwise. Your continued use of the Services after the effective date constitutes acceptance of the updated Terms. If you do not agree, you must stop using the Services. Changes to the arbitration agreement in Section 17 will not apply retroactively to disputes for which a proceeding has already been initiated.
21. International Use and Export Controls
The Services are operated from the United States and are intended for users in the United States. If you access the Services from outside the United States, you do so at your own risk and are responsible for compliance with local law, and you consent to the transfer and processing of your information in the United States. You represent that you are not located in, and are not a national or resident of, any country or on any list subject to U.S. sanctions or export restrictions (including the U.S. Treasury Department's list of Specially Designated Nationals), and that you will not use the Services in violation of U.S. export or sanctions laws.
22. California Users
Under California Civil Code Section 1789.3, California users are entitled to the following notice: complaints or inquiries about the Services may be directed to support@campguide.app. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
23. Copyright Complaints (DMCA)
We respect intellectual property rights. If you believe Content on the Services infringes your copyright, send a notice under the Digital Millennium Copyright Act (17 U.S.C. § 512) to our designated agent that includes: (a) your physical or electronic signature; (b) identification of the copyrighted work claimed to be infringed; (c) identification of the allegedly infringing material and its location; (d) your contact information; (e) a statement that you have a good-faith belief the use is not authorized; and (f) a statement, under penalty of perjury, that the information is accurate and that you are authorized to act. Send notices to: CampGuide Inc, Attn: Copyright Agent, 8 The Green, STE B, Dover, Delaware 19901, United States, or support@campguide.app. We may remove allegedly infringing material and terminate repeat infringers.
24. General Provisions
24.1 Entire agreement. These Terms, together with the Privacy Policy, the DPA (where applicable), and any Order, constitute the entire agreement between you and CampGuide regarding the Services and supersede all prior or contemporaneous agreements and communications. In the event of a conflict, an Order controls over these Terms for the subject matter it covers, and these Terms control over the Privacy Policy except as to data-protection matters governed by the DPA.
24.2 No partnership. No joint venture, partnership, employment, or agency relationship is created by these Terms or your use of the Services.
24.3 Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets. These Terms bind permitted successors and assigns.
24.4 Severability. If any provision is held invalid or unenforceable, it will be modified to the minimum extent necessary, and the remaining provisions remain in full force.
24.5 No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
24.6 Force majeure. We are not liable for any delay or failure to perform due to causes beyond our reasonable control, including acts of God, natural disasters, labor disputes, internet or utility failures, third-party service outages, governmental actions, or war or civil unrest.
24.7 Notices. We may provide notices to you by email, by posting in the Services, or to the address associated with your Account. Legal notices to CampGuide must be sent to CampGuide Inc, 8 The Green, STE B, Dover, Delaware 19901, United States, with a copy to support@campguide.app.
24.8 Language. These Terms are written in English, which is the controlling language; any translation is for convenience only.
24.9 Headings. Headings are for convenience only and do not affect interpretation.
25. Contact
CampGuide Inc 8 The Green, STE B Dover, Delaware 19901 United States Email: support@campguide.app
CampGuide