These Terms & Conditions (the “Terms”) are a binding agreement between you and Quibble LLC (“Quibble,” “we,” “us,” or “our”) governing your access to and use of Quibble’s revenue-management software, websites, APIs, and related services (the “Services”). By creating an account, clicking to accept, or using the Services, you agree to these Terms. If you are entering into these Terms on behalf of a company, you represent that you are authorized to bind it.
Please read Section 13 (Dispute Resolution) carefully. It requires most disputes to be resolved by binding individual arbitration and waives your right to a jury trial and to participate in a class action.
1. Eligibility and accounts
You must be at least 18 years old and able to form a binding contract to use the Services. You are responsible for the accuracy of the information you provide, for all activity under your account, and for keeping your credentials secure. Notify us promptly of any unauthorized use at [email protected].
2. The Services and license
Subject to these Terms and your payment of applicable fees, Quibble grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes. We may update, modify, or discontinue features at any time. We may also set and enforce limits on use of the Services.
3. Subscriptions, fees, and billing
Paid Services are billed on the plan and cycle presented at sign-up. Unless stated otherwise, fees are in U.S. dollars, are exclusive of taxes, and are non-refundable except as required by law or expressly stated. Subscriptions renew automatically for successive periods unless cancelled before the renewal date through your account or by contacting us. We may change pricing on prospective notice; changes take effect at your next renewal. Late or failed payments may result in suspension.
4. Customer Data and your responsibilities
“Customer Data” means the listing, calendar, reservation, pricing, photographic, and other data you submit or connect to the Services, including through a property management system (“PMS”). As between the parties, you own your Customer Data. You grant Quibble a worldwide, non-exclusive license to host, process, transmit, display, and analyze Customer Data, and to create de-identified and aggregated data, in each case to provide and improve the Services. You represent and warrant that you have all rights and permissions necessary to provide the Customer Data (including any photographs and any personal information about your guests) and to authorize our processing of it, and that your use of the Services complies with all applicable laws, platform rules, and your agreements with PMS providers, OTAs, owners, and guests. Our handling of personal information is described in our Privacy Policy.
5. Acceptable use
You agree not to, and not to permit others to:
- access or use the Services in violation of any law or third-party right, or to infringe intellectual property;
- probe, scan, breach, or circumvent security or authentication measures, or access accounts or data not your own;
- interfere with or disrupt the Services or networks, including through denial-of-service activity, excessive load, or malware;
- send spam or unlawful, deceptive, or abusive messages through or in connection with the Services;
- reverse engineer, decompile, scrape, or attempt to derive source code or underlying models, except where such restriction is prohibited by law;
- resell, sublicense, or provide the Services to third parties except as expressly permitted; or
- upload content that is unlawful, infringing, or that you lack the right to submit.
We may monitor for, and investigate, violations, and may remove content or suspend access to enforce these Terms.
6. Third-party services and integrations
The Services interoperate with third-party platforms (such as PMS providers, channel managers, and OTAs). Your use of those services is governed by their terms, and we are not responsible for their availability, accuracy, acts, or omissions. We do not guarantee that any integration will remain available, and a third party’s changes may affect the Services.
7. Intellectual property
Quibble and its licensors own all right, title, and interest in and to the Services, including the software, models, algorithms, content, and trademarks, and all related intellectual property. No rights are granted except as expressly stated in these Terms. If you provide feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free license to use them without restriction or obligation.
8. Pricing recommendations — no guarantee of results
The Services provide forecasts, analytics, and pricing recommendations generated by statistical and machine- learning models using available data. These outputs are informational aids, not guarantees. Markets are uncertain, and Quibble does not warrant any particular revenue, occupancy, RevPAR, booking, or financial result. You are solely responsible for the prices, minimum-stay rules, and other decisions you accept, modify, or publish, and for reviewing recommendations before relying on them. Quibble is not your broker, agent, or financial, legal, or tax advisor.
9. Disclaimers
EXCEPT AS EXPRESSLY STATED, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, 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. QUIBBLE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT DATA WILL BE ACCURATE OR COMPLETE.
10. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, QUIBBLE AND ITS OFFICERS, EMPLOYEES, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST REVENUE, LOST BOOKINGS, LOST DATA, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. QUIBBLE’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO QUIBBLE FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY AND FORM AN ESSENTIAL BASIS OF THE BARGAIN. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
11. Indemnification
You will defend, indemnify, and hold harmless Quibble and its affiliates, officers, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to your Customer Data, your use of the Services, your violation of these Terms or applicable law, or your infringement of any third-party right.
12. Term, suspension, and termination
These Terms apply while you use the Services. You may stop using and cancel at any time. We may suspend or terminate your access, with or without notice, if you breach these Terms, fail to pay, create risk or legal exposure, or if we discontinue the Services. Upon termination, your license ends and you must stop using the Services. Sections that by their nature should survive (including Sections 4, 7–13, and 15) will survive termination.
13. Governing law and dispute resolution
These Terms are governed by the laws of the State of Arizona, USA, without regard to its conflict-of-laws rules. Binding arbitration. Except for claims that qualify for small-claims court and actions to protect intellectual property, any dispute arising out of or relating to these Terms or the Services will be resolved by final and binding arbitration administered by a recognized arbitration provider under its commercial rules, seated in Maricopa County, Arizona. Class-action waiver. Disputes will be arbitrated only on an individual basis; you and Quibble waive any right to a jury trial and to bring or participate in a class, collective, or representative action. If the class-action waiver is found unenforceable as to a particular claim, that claim (and only that claim) will proceed in court in Maricopa County, Arizona, to whose exclusive jurisdiction the parties consent. Any claim must be brought within one (1) year after it arises, to the extent permitted by law.
14. Changes to these Terms
We may update these Terms from time to time. We will post the updated version with a new “Last updated” date and, for material changes, provide reasonable notice. Your continued use of the Services after the effective date constitutes acceptance of the updated Terms.
15. Miscellaneous
These Terms, together with our Privacy Policy and any order or plan you accept, are the entire agreement between you and Quibble regarding the Services and supersede prior agreements on the subject. If any provision is held unenforceable, the remaining provisions remain 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. Neither party is liable for delays or failures caused by events beyond its reasonable control. Notices to Quibble should be sent to the address below.
16. Contact
Quibble LLC
15036 North 60th Street, Scottsdale, AZ 85254, USA
[email protected]