Terms of Service

1.What DirectStay Is (and Is Not)

• DirectStay is a direct-booking marketplace that connects people offering short-term and extended-stay accommodations ("Hosts") with people booking them ("Guests"). Hosts and Guests contract with each other for the stay itself. DirectStay does not own, operate, manage, inspect, or control any property listed on the Platform, is not a party to the accommodation agreement between Host and Guest, and is not a real estate broker, travel agency, lodging operator, or insurer. Hosts are independent third parties, not employees or agents of DirectStay. We do not guarantee the availability, quality, safety, legality, or suitability of any listing, the conduct of any Host or Guest, or uninterrupted availability of the Platform itself.

2.Eligibility, Capacity, and Authority

• You must be at least 18 years old and have the legal capacity to form a binding contract to use the Platform. You are responsible for the accuracy of your account information, for maintaining the confidentiality of your credentials, and for all activity under your account. You may not transfer your account or use another person's account without permission. Hosts additionally represent and warrant that they have full legal authority to offer each listed property — including, where the Host is a tenant, subtenant, co-owner, or property manager, all consents, lease permissions, HOA approvals, and co-owner authorizations required to offer the property for short-term stays. Listing a property without such authority is a material breach of these Terms.

3.Identity Verification and Trust Screening

• To protect Hosts and Guests, we may require identity verification (including government-issued ID and a live selfie processed by our verification provider) and may apply automated and manual screening to accounts, listings, bookings, and payments to detect fraud, misrepresentation, and platform abuse. We may decline, condition, suspend, or cancel any account, listing, or booking based on the results of verification or screening, and where the law requires, we will provide information about, or human review of, decisions made by automated means. Verification reduces risk but is not a guarantee of any person's identity or conduct. In connection with verification, payments, and tax compliance, we share information with PowerPay Direct and its payment processing partners, identity verification provider, and tax authorities and compliance services as described in our Privacy Policy. We may conduct sanctions and anti-money-laundering screening, and may decline, freeze, or report accounts or transactions where the law requires; the Platform may not be used by any person or entity subject to U.S. sanctions or located in an embargoed jurisdiction. We cooperate with law enforcement and regulatory authorities and may disclose information to them as described in our Privacy Policy and as permitted or required by law.

4.Listings and Host Responsibilities

• Accuracy: Hosts are solely responsible for their listings, including descriptions, photos, pricing, availability, amenities, house rules, minimum stays, guest limits, pet policies, and check-in/check-out times, and must keep them accurate and current.
• Legal compliance: Hosts are solely responsible for complying with all laws that apply to offering their property — including zoning, permits, registrations, short-term-rental ordinances, safety requirements (such as smoke and carbon monoxide detection where required), lease and HOA restrictions, and tax registration obligations.
• Taxes and licenses: Except for taxes the Platform expressly collects under Section 6, Hosts are solely responsible for all taxes arising from their hosting activity — including income and self-employment taxes — and for obtaining and maintaining any required local business licenses or short-term-rental permits.
• Insurance: Hosts must maintain insurance appropriate to offering their property for short-term stays (such as homeowner's or landlord coverage with short-term-rental use disclosed, or a dedicated STR policy) in commercially reasonable amounts. DirectStay makes no representation that any Host maintains coverage. Host insurance obligations are separate from, and are not replaced by, the embedded coverage described in Section 11.
• Honoring bookings: Confirmed bookings are commitments. Host-initiated cancellations are handled under the Host Terms and may result in listing suspension, removal of program eligibility, or removal from the Platform.
• Payout accounts: Hosts must provide accurate business and payout information and keep required verifications (including entity and EIN verification, where applicable) current. Unresolved verification failures may result in suspension of listings and new bookings.

5.Booking, Pricing, and Payment

• Bookings proceed through a quote, a short inventory hold while you complete checkout, and confirmation. The price you see at checkout — nightly rate, cleaning and other fees, applicable taxes, and total — is presented before you confirm, and the amount you authorize is the amount charged. Quotes and holds expire automatically if checkout is not completed. Payments on DirectStay run through PowerPay Direct, a payment platform under common ownership with DirectStay. PowerPay Direct's licensed payment processing partners handle card and bank payments, payment security, and all movement of funds. Booking payments settle to the Host's own merchant account; DirectStay does not hold, control, or disburse booking funds. Lodging taxes and certain third-party charges collected with a booking are split out at payment and held separately from booking funds until they are remitted or paid. DirectStay does not store full payment card numbers on its systems. You authorize the Host, PowerPay Direct, and its payment processing partners to charge your selected payment method for booking totals, permitted modifications, and other amounts you owe under these Terms. Payment obligations that accrued before termination of your account survive termination and remain collectible.

6.Lodging Taxes

• Where applicable law requires or permits, applicable lodging, occupancy, and similar taxes are calculated at booking, collected as part of the booking total, and remitted to the relevant tax jurisdictions through our tax compliance processes. Where the Platform does not collect a given tax, the Host remains responsible for it. Tax treatment varies by jurisdiction; amounts collected as taxes are split out at payment and held separately from booking funds until remitted, and are neither Platform nor Host revenue. We may share booking and tax records with tax authorities as required to calculate, remit, and substantiate these taxes.

7.Cancellations and Refunds

• The policy you book under is the policy that applies: Each listing displays its cancellation policy before you book. That policy is locked to your booking at the time of booking — later changes a Host makes to their policy never affect an existing booking.
• Refund schedule: Each listing's cancellation policy sets refund amounts according to how far before check-in a cancellation is made, with the refund decreasing as check-in approaches. The refund applies to the lodging amount and cleaning fee. The exact dates and amounts for your booking are shown on the listing, at checkout, and in your booking details. Some listings set a minimum notice period, and cancellations on the day of check-in or during a stay are made by request and reviewed by the Host. See Cancellations and Refunds.
• How refunds work: The Platform calculates the eligible refund against the locked policy. The Host issues at least that amount to the original payment method and may refund more as a goodwill gesture. Disputed cases may be escalated to DirectStay for review.
• Host cancellations: If a Host cancels a confirmed booking, the Guest receives a refund consistent with the circumstances, and we will make reasonable efforts to assist with rebooking. Host cancellations are addressed between DirectStay and the Host.
• Certain amounts are non-refundable: once the associated service has been performed or the stay has occurred, and certain collected taxes are refundable only as jurisdiction rules permit.

8.Force Majeure and Extenuating Circumstances

• Neither DirectStay nor, as between them, a Host or Guest, is liable for failure or delay in performance caused by events beyond reasonable control — including natural disasters, fire, flood, severe weather, epidemics or pandemics and related government orders, war, terrorism, civil unrest, labor disputes, utility or telecommunications failures, or actions of governmental authorities ("Force Majeure Events"). Where a Force Majeure Event makes a stay unsafe, unlawful, or impossible (for example, a government-ordered evacuation of the property's area), we may, in our reasonable discretion, permit cancellation with a refund that overrides the listing's cancellation policy, and such an override is not a breach of these Terms. Platform downtime caused by a Force Majeure Event or by maintenance is not a breach of these Terms.

9.Modifications to Bookings

• Where the Platform offers booking modifications (such as date or length changes), price differences are calculated and charged or refunded through the original payment flow, and the modification is not effective until confirmed by the Platform (and by the Host, where the listing requires approval). If a Host declines a modification request, or a modification payment fails, the booking remains unchanged on its original terms, and the Guest retains all rights under the booking's locked cancellation policy.

10.Guest Conduct and Damage

• Guests must follow the listing's house rules, occupancy limits, and applicable laws, must leave the property in reasonable condition, and are responsible for damage, excessive cleaning, unauthorized guests or events, and other losses they or their invitees cause.

Damage and loss on Platform bookings are handled through the Platform as described in Section

• DirectStay does not adjudicate damage claims, determine amounts owed between Hosts and Guests, or collect damage payments. Hosts may not charge Guests directly for damage, collect undisclosed deposits, or seek payment at the property. Nothing in this Section limits any right a Host or Guest has against the other under applicable law.

11.Insurance

• DirectStay is not an insurer and does not underwrite or guarantee any risk. Bookings completed through the Platform may include protection for the Host provided by a licensed third-party insurance partner under its own policy terms. Claims under that protection are decided by the partner, not by DirectStay. Guests should not assume any coverage for their person, belongings, or trip, and are encouraged to consider travel insurance.
• Hosts must also maintain their own coverage as required by Section 4.

12.Prohibited Conduct and Enforcement

You may not use the Platform for any of the following:

• Collecting amounts at or after check-in that were not disclosed in the listing and at checkout;
• Misrepresentation — fake listings, false identities, misleading photos or reviews, or listing of properties you do not control;
• Fraud or abuse — payment fraud, chargeback abuse, manipulation of pricing, availability, reviews, or verification;
• Unlawful use — using any property or the Platform for unlawful activity, or discriminating in violation of applicable law;
• Technical abuse — scraping, reverse engineering, interfering with Platform operation, or accessing non-public areas or data.

Enforcement.

• Violations may result in any or all of: removal of listings or content; suspension or termination of accounts; cancellation of bookings; and referral to law enforcement or civil action. We may investigate suspected violations and preserve related records. Amounts one user owes another (such as refunds) remain owed between those parties notwithstanding any enforcement action against the responsible account.

13.Content, Reviews, and Intellectual Property

• Your content: You are responsible for content you submit (listings, photos, reviews, messages). You grant DirectStay a non-exclusive, worldwide, royalty-free license to host, use, reproduce, display, and distribute your content for operating, promoting, and improving the Platform. We may remove content that violates these Terms or the law, and may remove or decline to display any content at our reasonable discretion.
• Reviews: Reviews must reflect genuine, first-hand experiences. Review manipulation is prohibited — including reviewing your own listings, trading or purchasing reviews, coercing removal or revision of a review, or retaliatory reviews. We may use reciprocal or delayed publication (for example, publishing both parties' reviews simultaneously or after a fixed window) and may remove reviews that violate these rules.
• Platform IP: The Platform — including its software, design, text, graphics, marks, and data compilations — is owned by DirectStay and its licensors and is protected by intellectual property law. Except for the limited right to use the Platform under these Terms, no rights are granted to you. "DirectStay" and associated marks may not be used without written permission.
• Copyright complaints (DMCA): If you believe content on the Platform infringes your copyright, send a notice containing the elements required by 17 U.S.C. § 512(c)(3) to our designated agent, registered with the U.S. Copyright Office: Jennefer Payne, Divine Design LLC, 30 N Gould St, Ste R, Sheridan, WY 82801, Phone: (940) 765-7396, Email: [email protected]. We will process valid notices, remove or disable access to infringing material, accept counter-notices as the statute provides, and terminate repeat infringers.

14.Fees

• DirectStay charges Guests no booking fee or service fee and takes no commission from Hosts' bookings. Hosts pay subscription and optional add-on fees for Platform tools, which are disclosed before purchase and are non-refundable except as stated at the time of purchase or as required by law.

15.Platform and Listing Control

• We may modify, suspend, or discontinue any part of the Platform, and may remove, suspend, decline, or re-rank any listing, at any time, with or without notice, for any lawful reason — including quality, risk, verification status, legal exposure, or product changes. Nothing in these Terms entitles a Host to any particular placement, ranking, or continued availability of a listing, or entitles any user to continued availability of any feature.

16.Suspension, Termination, and Survival

• You may stop using the Platform at any time. We may suspend or terminate accounts, listings, or bookings for violations of these Terms, legal or safety risk, verification failures, or fraud indicators. Upon termination: outstanding bookings may be completed or cancelled as we reasonably determine; amounts you owe (including accrued fees) survive and remain collectible; your content license continues for content already published as needed to operate the Platform; and we retain information after account closure as described in our Privacy Policy, including records retained for tax, accounting, and legal purposes. Sections 1, 5 (payment obligations), 6, 10, 11, 12 (enforcement), 13, 14, and 16–22 survive termination.

17.Non-Discrimination and Accessibility

• DirectStay is committed to a platform free of unlawful discrimination. Hosts and Guests must comply with all applicable fair-housing, public-accommodation, and civil-rights laws, and may not decline, cancel, or impose different terms on the basis of race, color, religion, national origin, sex, disability, familial status, or any other characteristic protected by applicable law. Hosts must accurately describe accessibility features and must permit service animals where the law requires. We may remove users who engage in unlawful discrimination. DirectStay is also committed to improving the accessibility of the Platform itself and works toward substantial conformance with recognized accessibility standards (WCAG 2.1 AA); if you encounter an accessibility barrier or need assistance using the Platform, contact us at the address in Section 25 and we will work with you in good faith.

18.Disclaimers

• THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, DIRECTSTAY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. DIRECTSTAY DOES NOT WARRANT ANY PROPERTY, HOST, OR GUEST; THE ACCURACY OF LISTINGS; THE SAFETY OF ANY STAY; THE AVAILABILITY OF ANY LISTING OR OF THE PLATFORM; OR UNINTERRUPTED OR ERROR-FREE OPERATION. YOU ASSUME THE RISKS INHERENT IN STAYING AT, OR OFFERING, ACCOMMODATIONS.

19.Limitation of Liability

• TO THE MAXIMUM EXTENT PERMITTED BY LAW, DIRECTSTAY AND ITS MEMBERS, MANAGERS, AFFILIATES, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, DATA, OR GOODWILL. OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE PLATFORM WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO DIRECTSTAY (EXCLUDING AMOUNTS PAID TO HOSTS AND TAXES) IN THE TWELVE (12) MONTHS BEFORE THE CLAIM AROSE, OR (B) ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THESE MAY NOT APPLY TO YOU; IN THOSE JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT THE LAW PERMITS.

20.Limitation of Liability

• You will defend, indemnify, and hold harmless DirectStay and its members, managers, affiliates, and service providers from claims, damages, and expenses (including reasonable attorneys' fees) arising out of your content, your use of the Platform, your stay at or offering of a property, your breach of these Terms (including a Host's breach of the authority and insurance obligations in Sections 2 and 4), or your violation of law or third-party rights.

21.Dispute Resolution; Arbitration; Class Waiver

Please read this section carefully — it affects your rights.

• You will defend: Before filing arbitration, you and DirectStay agree to attempt informal resolution: send a written description of the dispute to the contact in Section 25, and allow thirty (30) days for good-faith resolution.
• Binding arbitration: Except as stated below, any dispute arising out of or relating to these Terms or the Platform will be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect. The Federal Arbitration Act governs this section.
• Seat, venue, and format: Arbitration will be conducted in the county where you reside, or by videoconference or written submission where the AAA rules permit, at your election for consumer disputes.
• Costs: Filing, administrative, and arbitrator fees are allocated under the AAA Consumer Arbitration Rules. If your claim is non-frivolous, DirectStay will pay the portion of arbitration fees that exceeds the filing fee you would have paid in the small-claims court where you reside. Each party bears its own attorneys' fees unless the arbitrator awards them under applicable law.
• Carve-outs: Either party may bring an individual claim in small-claims court in the county where you reside (and either party may elect to have a qualifying arbitration claim heard there instead), and either party may seek injunctive or equitable relief in court for infringement or misuse of intellectual property or for unauthorized access to the Platform.
• Class waiver: YOU AND DIRECTSTAY EACH WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. The arbitrator may award relief only in favor of the individual party and only to the extent of that party's individual claim.
• Opt-out: You may opt out of this arbitration agreement by written notice to the contact in Section 25 within thirty (30) days of first accepting these Terms, stating your name, account email, and intent to opt out. Opting out does not affect any other provision of these Terms.
• Severability: If the class waiver is found unenforceable as to a particular claim, that claim (and only that claim) will proceed in court, and the remainder of this section stays in effect.

22.Governing Law

These Terms are governed by the laws of the State of Wyoming, without regard to conflict-of-laws principles, except as preempted by federal law and except where the mandatory consumer law of your state of residence applies.

23.Changes to These Terms; Versioning

We may update these Terms from time to time. The effective date and version number above reflect the current version; for material changes we will provide reasonable advance notice. Changes do not apply retroactively to bookings confirmed before the change took effect. Prior versions are available on request to the contact in Section 25. Continued use of the Platform after changes take effect constitutes acceptance.

24.General

These Terms, together with the Privacy Policy, the Cancellations and Refunds page, and any booking-specific, Host, or program terms presented to you, are the entire agreement between you and DirectStay regarding the Platform. If any provision is held unenforceable, it will be reformed to the minimum extent necessary and the remainder will stay in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. Notices to you may be given by email to your account address or through the Platform; notices to us go to the contact in Section 25.

25.Contact

We may update these Terms from time to time. The effective date and version number above reflect the current version; for material changes we will provide reasonable advance notice. Changes do not apply retroactively to bookings confirmed before the change took effect. Prior versions are available on request to the contact in Section 25. Continued use of the Platform after changes take effect constitutes acceptance.

DirectStay LLC

Wyoming, USAEmail: [email protected]Website: https://directstaynow.com