Plan terms
iGMS Free Plan Terms
These terms govern the iGMS Free Plan, which iGMS offers as a pilot programme. They are additional to the iGMS Terms of Service.
1.Who we are, and how these terms fit together
1.1
The iGMS Free Plan (the "Free Plan") is provided by AirGMS Technologies Inc. ("iGMS", "we", "us"), 1107 1st Ave #702, Seattle, WA 98101-2944, United States.
1.2
The iGMS Terms of Service (the "Terms of Service") continue to apply to you in full, including the provisions on disclaimer of warranties, limitation of liability, indemnification, confidentiality, governing law and arbitration.
1.3
Where these Free Plan Terms conflict with the Terms of Service or with any other iGMS product terms, these Free Plan Terms control, but only in respect of an account on the Free Plan. Once your account moves to a paid subscription plan, these Free Plan Terms stop applying to it, except as set out in sections 6, 7 and 9.3.
1.4
By creating an account on the Free Plan, or by moving an account to the Free Plan, you agree to these Free Plan Terms.
1.5
Capitalised terms not defined here have the meaning given to them in the Terms of Service.
2.Definitions
- "Connected Stripe Account"
- means the Stripe account held in your name that you connect to iGMS in order to receive payments from guests.
- "Direct Payment"
- means any payment for one of your listings that is processed through your Connected Stripe Account by means of iGMS, whatever the source of the reservation and however the guest found you. It includes payments for reservations, stays, extra services and upsells, and any other charge you collect from a guest through iGMS.
- A payment that Airbnb, Booking.com, Vrbo or any other channel, marketplace or online travel agency collects from the guest and pays out to you is not a Direct Payment. A payment you collect entirely outside iGMS, for example by bank transfer or in cash, is not a Direct Payment. No Transaction Fee is charged on any of these.
- "Payment Value"
- means the gross amount of a Direct Payment, excluding (a) taxes collected on behalf of a taxing authority, and (b) any refundable damage or security deposit.
- "Pilot"
- means the Free Plan pilot programme described in section 3.
- "Reservation"
- means a reservation for one of your listings that is imported into, synchronised with, or created in your iGMS account, from any channel, while your account is on the Free Plan.
- "Message"
- means a message to a guest sent from your iGMS account, whether you send it yourself, schedule it or send it by automation, while your account is on the Free Plan.
- "Transaction Fee"
- means the fee described in section 5.2.
- "Usage Limits"
- means the limits described in section 4.3.
3.The Free Plan is a pilot programme
3.1
The Free Plan is offered as a pilot. We are offering it to learn how hosts use iGMS at no monthly cost, and it may change as we learn.
3.2
The features available on the Free Plan are the features shown in your iGMS account while it is on the Free Plan. Some iGMS features, products and add-ons are not available on the Free Plan, or are available only in part. Features may be added to, changed on, or removed from the Free Plan during the Pilot.
3.3
We may end the Pilot at any time. iGMS may end the Pilot, or stop offering the Free Plan to new or existing accounts, at any time. If we do, we will tell you in the iGMS application or by email, and you may then move to a paid plan under section 8 or close your account under section 9. Section 10 applies to your data.
3.4
Ending the Pilot does not, by itself, result in any charge to you. Your account will not be moved to a paid plan without your agreement.
3.5
The Free Plan may be offered on different terms to different customers during the Pilot. The terms that apply to your account are the terms shown to you when you registered, as changed under section 15.
4.Who can use it, and the Usage Limits
4.1
The Free Plan is available only to new iGMS customers who register through an iGMS Free Plan page or with an iGMS Free Plan promotional code. It is not available to an account that has, or had within the last twelve (12) months, a paid iGMS subscription, and an existing paid subscription cannot be moved to the Free Plan.
4.2
Each host business may hold one Free Plan account. Creating additional accounts in order to obtain further Usage Limits is not permitted, and iGMS may merge or close such accounts under section 14.
4.3
Usage Limits. While your account is on the Free Plan, it includes, in total over the life of the account on the Free Plan:
- up to five (5) Reservations; and
- up to ten (10) Messages.
4.4
When your account reaches a Usage Limit, iGMS may restrict the features affected by that limit, for example by pausing the synchronisation of further Reservations or the sending of further Messages, until you move to a paid plan under section 8. Reservations and Messages already in your account remain visible to you.
4.5
The Usage Limits show what the Free Plan includes. They are not a promise that iGMS will provide that much usage for the whole of the Pilot, and they may be changed under section 15.
5.What it costs
5.1
No monthly fee. There is no subscription fee and no setup fee for the Free Plan.
5.2
Transaction Fee. You pay iGMS a Transaction Fee of 4% of the Payment Value of each Direct Payment.
5.3
The Transaction Fee is charged only on Direct Payments. It is never charged on payments collected by Airbnb, Booking.com, Vrbo or any other channel, and it is never charged on payments you collect outside iGMS. If you receive no Direct Payments, no Transaction Fee is payable.
5.4
On the Free Plan the Transaction Fee is the only fee iGMS charges for use of the Free Plan. If you turn on the iGMS Direct Booking Service while on the Free Plan, no Success Fee under the Direct Booking Service Terms is charged in addition to the Transaction Fee on the same payment.
5.5
Payment processing is separate. Stripe charges its own payment processing fees under your agreement with Stripe. Those fees are not part of, and are not included in, the 4% Transaction Fee.
5.6
Optional products provided by third parties, such as damage protection provided by Safely, are billed under their own terms and are not included in the Transaction Fee.
5.7
All fees are exclusive of applicable taxes.
6.How the Transaction Fee is collected
6.1
You authorise iGMS to collect the Transaction Fee from your Connected Stripe Account at the time each Direct Payment is captured, as an application fee deducted from that payment. You grant iGMS the permissions necessary to do this when you connect your Stripe account.
6.2
Your relationship with Stripe is governed by your agreement with Stripe, including the Stripe Connected Account Agreement. You are the merchant of record for your Direct Payments and are responsible for refunds, chargebacks and disputes with your guests. You are responsible for keeping your Connected Stripe Account in good standing.
6.3
If iGMS is unable to collect a Transaction Fee from your Connected Stripe Account, we may invoice you for it, and you agree to pay that invoice.
6.4
Transaction Fees charged are shown in your Stripe dashboard and in the billing area of the iGMS application. If you believe a Transaction Fee has been charged in error, tell us at billing@igms.com within thirty (30) days of the charge.
7.Cancellations, refunds and chargebacks
7.1
The Transaction Fee is earned when the Direct Payment is captured.
7.2
If a guest later cancels, or you refund the guest in whole or in part under your own cancellation policy, the Transaction Fee on that payment is not refunded to you and is not reduced.
7.3
Exception for reversed payments. If a Direct Payment is reversed through a chargeback or a payment dispute, so that you do not keep the funds, iGMS will refund or credit the Transaction Fee charged on it. Tell us at billing@igms.com when this happens.
7.4
Your cancellation policy toward your guests is yours to set and enforce. iGMS does not set it and is not a party to it, or to any reservation between you and a guest.
8.Moving to a paid plan
8.1
You may move your account from the Free Plan to any paid iGMS subscription plan at any time from the iGMS application. Your settings, listings and data move with you.
8.2
From the date your paid subscription starts, the Usage Limits and the Transaction Fee stop applying, and your account is governed by the Terms of Service and by the terms of any iGMS product you use, including the Direct Booking Service Terms if you use the Direct Booking Service. Transaction Fees on Direct Payments captured before that date remain payable.
9.Closing your Free Plan account
9.1
You may close your Free Plan account at any time, through the iGMS application or by contacting us at support@igms.com. There is no cancellation charge and no exit fee.
9.2
If you disconnect your channels or your Connected Stripe Account, iGMS stops synchronising with them and stops collecting Transaction Fees from that point.
9.3
Transaction Fees remain payable on Direct Payments captured before your account was closed or moved to a paid plan. Transaction Fees already collected are not refunded, except under section 7.3.
9.4
Inactive accounts. If nobody signs in to a Free Plan account for one hundred and eighty (180) days, iGMS may close it after giving at least thirty (30) days' notice by email.
10.Your data
10.1
Your listing descriptions, photographs, rates and guest records remain Your Content and remain yours. You can export your data from iGMS at any time while your account is active.
10.2
If your Free Plan account is closed, or the Pilot ends and you do not move to a paid plan, iGMS keeps your account data for thirty (30) days so that you can export it or move to a paid plan. After that period iGMS may delete it, subject to the iGMS Privacy Policy and to any retention required by law.
10.3
Guest data in your account is processed in accordance with the iGMS Privacy Policy. You are responsible for complying with the data protection and marketing laws that apply to you.
11.Support
11.1
Support for the Free Plan is provided through the iGMS help centre and by email at support@igms.com. Live chat, phone support, onboarding sessions and priority response are provided on paid plans and may not be available on the Free Plan.
11.2
No service level, uptime commitment or response time applies to the Free Plan.
12.No guarantee of results, and warranties
12.1
iGMS does not guarantee any level of bookings, revenue or occupancy from the use of the Free Plan.
12.2
THE FREE PLAN IS A PILOT AND IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE DISCLAIMER OF WARRANTIES AND THE LIMITATION OF LIABILITY SET OUT IN THE TERMS OF SERVICE APPLY TO THE FREE PLAN.
12.3
Because the Free Plan has no subscription fee, and to the fullest extent permitted by law, iGMS's total liability to you arising out of or relating to the Free Plan is limited to the greater of (a) the Transaction Fees you paid to iGMS in the twelve (12) months before the event giving rise to the liability, and (b) one hundred US dollars (US$100).
13.Taxes
13.1
You are solely responsible for determining which taxes apply to your reservations and Direct Payments, and for collecting, reporting and remitting them. iGMS does not collect, hold, report or remit taxes on your behalf and does not act as a marketplace facilitator or as an agent for tax purposes. Any tax settings iGMS suggests are for convenience only and are not legal or tax advice.
14.Fair use and suspension
14.1
iGMS may suspend or close a Free Plan account, on notice where reasonably possible, if it is used in breach of these Free Plan Terms or the Terms of Service, if it is one of several accounts opened by the same host business in breach of section 4.2, if its use is designed to avoid the Usage Limits or the Transaction Fee, or if we are required to do so by law or by a third-party provider.
15.Changes to these terms
15.1
Because the Free Plan is a pilot, iGMS may change these Free Plan Terms, including the Usage Limits, the features included and the Transaction Fee, by giving you at least fourteen (14) days' notice in the iGMS application or by email to the last email address we have on file for you.
15.2
If you continue to use the Free Plan after the change takes effect, you accept the revised terms. If a change is not acceptable to you, your remedy is to move to a paid plan under section 8 or to close your account under section 9.
15.3
A change to the Transaction Fee percentage does not apply to Direct Payments captured before the change takes effect.
16.Governing law and disputes
16.1
These Free Plan Terms are governed by and construed in accordance with the laws of the Province of British Columbia, Canada and the applicable federal laws of Canada, as provided in the Terms of Service.
16.2
The dispute resolution and arbitration provisions of the Terms of Service apply to any dispute arising out of or relating to these Free Plan Terms.
17.Contact
17.1
Questions about the Free Plan or these terms: support@igms.com
17.2
Questions about a Transaction Fee charge: billing@igms.com