Terms of Use

These Terms of Use (“Terms”) govern your access to and use of Upsty, operated by David Balík (“Upsty”, “we”, “us”). By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1. The Service

Upsty helps short-term rental hosts (“Hosts”) offer paid add-ons (“upsells” — such as early check-in, late checkout and custom offers) to their guests (“Guests”). We detect opportunities from a Host’s connected calendar, present offers to Guests, process payments through our payment provider, and notify the relevant people. We are a technology provider; we are not a party to the accommodation arrangement between a Host and a Guest.

2. Accounts & eligibility

• You must be at least 18 and able to enter into a binding contract.
• You are responsible for the accuracy of the information you provide and for keeping your login credentials secure.
• You are responsible for all activity that occurs under your account.

3. Host responsibilities

• You must have the legal right to offer the upsells you list and to sync the reservation data you connect.
• You are responsible for setting accurate prices, availability windows and descriptions, and for actually delivering the upsells your Guests purchase.
• You must comply with your own obligations to Guests and with the rules of any third-party platform you use (e.g. Airbnb, Booking.com), as well as with applicable law, including tax and consumer-protection law.
• You are responsible for the lawful handling of your Guests’ personal data. Where Upsty processes Guest data on your behalf, our roles are described in the Privacy Policy.

4. Payments, fees & commission

• Guest payments are processed by Stripe. To receive payouts, Hosts must connect a Stripe account and complete Stripe’s onboarding and verification. Your use of Stripe is subject to Stripe’s own terms.
• Upsty is free until a Host’s extra earnings reach 1 000 Kč (≈ €30) within a calendar month. Above that threshold, Upsty charges a platform commission of 15%, applied only to the extra earnings above the threshold. Any commission is deducted automatically and the remainder is transferred to the Host’s connected account.
• Payout timing, minimums and currency handling are determined by Stripe.
• You are solely responsible for any taxes arising from your sales. Prices you set are inclusive of any tax you are required to charge unless stated otherwise.

5. Refunds

Hosts (and platform administrators) can issue refunds for upsell transactions through the Service. A refund returns the Guest’s payment and reverses the related transfer and commission where applicable. Disputes about whether an upsell was delivered are between the Host and the Guest; Upsty may, but is not obliged to, assist. Chargebacks are handled under Stripe’s rules.

6. Acceptable use

You agree not to:

• use the Service for any unlawful, fraudulent or misleading purpose;
• list offers you cannot lawfully provide, or misrepresent what a Guest will receive;
• upload data you have no right to use, or infringe anyone’s rights;
• interfere with, probe or attempt to gain unauthorised access to the Service or its infrastructure;
• use the Service to send spam or unsolicited communications.

7. Intellectual property

The Service, including its software, design and branding, is owned by David Balík and its licensors and is protected by law. We grant you a limited, non-exclusive, non-transferable right to use the Service in accordance with these Terms. You retain ownership of the content you provide and grant us the licence needed to operate and provide the Service.

8. Third-party services

The Service integrates with third parties such as Stripe, calendar/booking platforms and email delivery. We are not responsible for those services, their availability or their terms. Your use of them may be subject to their own agreements.

9. Disclaimers

The Service is provided “as is” and “as available” without warranties of any kind, to the maximum extent permitted by law. We do not warrant that the Service will be uninterrupted, error-free or that calendar syncing, offers or notifications will always be timely or accurate.

10. Limitation of liability

To the maximum extent permitted by law, David Balík will not be liable for any indirect, incidental, special or consequential damages, or for lost profits or revenue. Our total liability for any claim relating to the Service is limited to the total commission we retained from your transactions in the three months before the event giving rise to the claim. Nothing in these Terms limits liability that cannot be limited by law.

11. Indemnification

You agree to indemnify and hold David Balík harmless from claims and costs arising out of your use of the Service, your upsells, your dealings with Guests, or your breach of these Terms or of applicable law.

12. Suspension & termination

You may stop using the Service at any time. We may suspend or terminate access if you breach these Terms, if required by law, or to protect the Service, Guests or third parties. Provisions that by their nature should survive termination (such as fees owed, disclaimers, limitations of liability and indemnities) will survive.

13. Changes to the Service or Terms

We may modify the Service or these Terms. If we make material changes to the Terms, we will update the “Last updated” date and, where appropriate, notify you. Continued use after changes take effect means you accept the updated Terms.

14. Governing law

These Terms are governed by the laws of Czech Republic, without regard to conflict-of-laws rules. The courts of Czech Republic have jurisdiction over disputes, unless mandatory law provides otherwise.

15. Contact

Questions about these Terms? Email david@getupsty.com or write to us at David Balík, Naardenská 691/2b, 162 00 Praha 6 – Liboc, Czech Republic.