Loading...
Loading...
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER (SECTION 14) THAT AFFECT YOUR LEGAL RIGHTS AND REQUIRE THAT MOST DISPUTES BE RESOLVED ON AN INDIVIDUAL BASIS THROUGH BINDING ARBITRATION RATHER THAN IN COURT. SEE SECTION 14 FOR DETAILS AND FOR INFORMATION ON HOW TO OPT OUT.
These Terms of Service (these "Terms") govern your access to and use of the Black Cat Analytics application, available at app.tryblackcat.com, together with all related websites, features, and services we provide (collectively, the "Service"). The Service is operated by Black Cat Analytics LLC, a New Hampshire limited liability company ("Black Cat," "we," "us," or "our").
By creating an account, clicking to accept these Terms, or otherwise accessing or using the Service, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree, you may not access or use the Service.
You must be at least 18 years of age and capable of forming a binding contract to use the Service. If you use the Service on behalf of a company or other legal entity, you represent that you have authority to bind that entity to these Terms, and "you" refers to that entity.
Black Cat is an independent software product. It is not affiliated with, endorsed by, or associated with Airbnb, Inc., or any other short-term rental, vacation rental, or property listing platform.
The Service provides financial analytics and management tools for short-term rental property owners and property managers. Features may include revenue and expense tracking, transaction categorization, occupancy and performance analysis, AI-generated insights and forecasting, tax report generation, owner and cleaner management, and related functionality. We may add, modify, or remove features at any time.
The Service relies on third-party services to function, including bank-connection, payment, analytics, artificial-intelligence, email, hosting, and error-monitoring providers. Section 10 and our Privacy Policy describe these providers.
To use most features, you must create an account. You may register with an email address and password or by signing in with Google. You agree to provide accurate, current, and complete information and to keep it up to date.
You are responsible for safeguarding your account credentials and for all activity that occurs under your account, whether or not authorized by you. You agree to notify us promptly at support@tryblackcat.com of any unauthorized access to or use of your account. We are not liable for any loss arising from unauthorized use of your account that results from your failure to maintain the confidentiality of your credentials.
Plans. The Service is offered through a free tier and several paid subscription tiers, currently Starter, Pro, and Business, as well as a Property Management tier (described in Section 5). The features, usage limits, and prices for each tier are described on our pricing page and at the point of purchase. Free tier accounts are subject to the feature and usage limitations described there.
Billing through Stripe. Paid subscriptions are billed through our third-party payment processor, Stripe, Inc. ("Stripe"), on a monthly or annual basis as selected at checkout. You authorize us and Stripe to charge your designated payment method for all fees and applicable taxes. We do not receive or store your full payment card number. Your payment information is handled by Stripe under its terms and privacy policy.
AUTOMATIC RENEWAL. YOUR PAID SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF EACH BILLING PERIOD (MONTHLY OR ANNUAL, AS SELECTED AT CHECKOUT). UNLESS YOU CANCEL BEFORE THE THEN-CURRENT BILLING PERIOD ENDS, WE WILL AUTOMATICALLY CHARGE YOUR SAVED PAYMENT METHOD THE THEN-CURRENT SUBSCRIPTION FEE FOR YOUR PLAN, PLUS APPLICABLE TAXES, ON EACH RENEWAL DATE, AND YOUR SUBSCRIPTION WILL CONTINUE UNTIL YOU CANCEL. THE RENEWAL TERM WILL BE THE SAME LENGTH AS YOUR INITIAL TERM (MONTHLY OR ANNUAL). YOU MAY CANCEL AT ANY TIME AS DESCRIBED BELOW.
Renewal receipts and reminders. We will send an emailed receipt after each renewal charge. Where required by applicable law, we will also send renewal reminders before an annual subscription renews.
Price changes. We may change subscription prices from time to time. We will notify you by email at least seven (7) days before any price increase takes effect. The new price will apply to your next renewal after the notice period. If you do not agree to a price change, you may cancel before the change takes effect.
Canceling. You may cancel your subscription at any time from the Account section of Settings, or through the Stripe customer portal link in your account. Cancellation takes effect at the end of the current billing period, and you retain access to paid features until then. Canceling stops future renewal charges.
Refunds. Except where required by applicable law, all fees are non-refundable, and we do not provide refunds or credits for partial billing periods, unused time, or features not used.
Taxes. Fees are exclusive of taxes. You are responsible for all sales, use, value-added, and similar taxes associated with your subscription, other than taxes based on our net income.
Failed payments. If a charge is declined or fails, we may retry the charge and may suspend or limit your access to paid features until payment is received. You remain responsible for amounts owed.
Cleaner payouts (Stripe Connect). If you use the optional cleaner-payout feature, you authorize us to use Stripe Connect to transfer funds from your payment method to your cleaners' connected accounts at your direction. We do not hold funds on your behalf and are not a money transmitter or payment intermediary. You and your cleaners are solely responsible for the accuracy of payout instructions and for any taxes on amounts received. The Service may generate reporting tools (for example, annual payout totals to assist with Form 1099 preparation) but does not file tax forms with the Internal Revenue Service or any other authority on your behalf.
The Property Management tier allows you to manage properties on behalf of third-party property owners (each, an "Owner"). If you use this tier, you may upload, sync, or otherwise provide to the Service personal and financial information relating to Owners and their properties, which may include Owner names, contact information, property and booking data, financial records, and taxpayer identification numbers such as Social Security numbers or Employer Identification Numbers (collectively, "Owner Data").
With respect to Owner Data, you acknowledge and agree as follows:
You agree not to:
Ownership. As between you and Black Cat, you retain all ownership rights in the data and content you upload, import, or sync into the Service, including financial, property, booking, Owner, and cleaner records (collectively, "Your Content").
License to us. You grant us a limited, non-exclusive, worldwide, royalty-free license to host, store, copy, transmit, process, display, and otherwise use Your Content solely as necessary to provide, maintain, secure, and improve the Service for you and to comply with applicable law. We do not sell Your Content. This license ends when Your Content is deleted from the Service, except for residual copies retained as described in our Privacy Policy and Data Retention Policy and for copies we are required to retain by law.
Responsibility for Your Content. You are solely responsible for the accuracy, quality, and legality of Your Content and for ensuring you have the rights necessary to provide it to us, including any Owner or cleaner records you create.
Bank account connections (Plaid). If you connect a financial account through Plaid Inc. ("Plaid"), you authorize Plaid to access your account information and transactions on your behalf, and you authorize us to receive, store, and process that information so we can categorize your transactions and present them in the Service. Your use of Plaid is also governed by Plaid's end user privacy policy. Connecting a financial account is optional, and you may disconnect it at any time from the Bank Sync settings.
Feedback. If you provide suggestions or feedback about the Service, you grant us a perpetual, irrevocable, royalty-free license to use it without restriction or obligation to you.
The Service uses artificial-intelligence features to generate insights, summaries, recommendations, forecasts, and analytics based on your data. THESE OUTPUTS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND DO NOT CONSTITUTE FINANCIAL, TAX, ACCOUNTING, LEGAL, OR INVESTMENT ADVICE. AI-generated outputs may be incomplete, inaccurate, or outdated, and may not reflect your specific circumstances. You are solely responsible for any decision you make in reliance on the Service, and you should consult a qualified professional, such as a certified public accountant, tax advisor, or attorney, before making financial or tax decisions. We do not warrant the accuracy or reliability of any AI-generated output.
The Service, including its software, design, user interface, text, graphics, branding, trademarks, and documentation, is owned by Black Cat or its licensors and is protected by intellectual property laws. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes during your subscription. We reserve all rights not expressly granted. You may not copy, modify, distribute, sell, or create derivative works from any part of the Service without our prior written consent.
The Service integrates with and depends on third-party services, including Plaid (bank connections), Stripe (payments and payouts), Google (sign-in and analytics), OpenAI (AI features), Resend (email delivery), Vercel (hosting), our managed database provider (data storage), and Sentry (error monitoring). Your use of these services may be subject to their own terms and privacy policies. We are not responsible for the acts, omissions, availability, or content of any third-party service, and your use of a third-party service is at your own risk. Our Privacy Policy describes how these providers process your information.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY DATA OR OUTPUT WILL BE ACCURATE OR COMPLETE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BLACK CAT AND ITS OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (1) ONE HUNDRED DOLLARS ($100) OR (2) THE TOTAL AMOUNT YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Nothing in these Terms limits or excludes any liability that cannot be limited or excluded under applicable law. Some jurisdictions do not allow certain limitations of liability, so some of the above limitations may not apply to you.
You agree to indemnify, defend, and hold harmless Black Cat and its officers, members, managers, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Service; (b) Your Content or Owner Data, including any claim that it infringes or violates the rights of a third party or any law; (c) your violation of these Terms; or (d) your violation of any rights of any Owner, cleaner, or other third party. We will notify you of any such claim and may, at our option, control the defense of any claim for which we seek indemnification.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.
Informal resolution first. Before initiating arbitration, you and Black Cat agree to try to resolve any dispute informally. You must send written notice of the dispute to support@tryblackcat.com describing the dispute and the relief sought. If the dispute is not resolved within sixty (60) days after the notice is received, either party may begin arbitration.
Agreement to arbitrate. Except for the matters described below, you and Black Cat agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service 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 the interpretation and enforcement of this Section. The arbitration will be conducted in the State of New Hampshire, or remotely or in another location at your election. The arbitrator's award may be entered as a judgment in any court of competent jurisdiction.
CLASS ACTION WAIVER. YOU AND BLACK CAT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
Right to opt out. You may opt out of this arbitration agreement (including the class action waiver) within thirty (30) days after you first accept these Terms by sending written notice to support@tryblackcat.com that includes your name, the email address associated with your account, and a clear statement that you wish to opt out of arbitration. If you opt out, the remaining provisions of these Terms continue to apply. Opting out of this arbitration agreement has no effect on any prior arbitration agreement you may have with us.
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 a court of competent jurisdiction to prevent the actual or threatened infringement or misappropriation of intellectual property or confidential information. These actions are not subject to the arbitration agreement.
Delegation. The arbitrator has exclusive authority to resolve any dispute about the interpretation, applicability, or enforceability of this arbitration agreement, except that a court, and not the arbitrator, will decide any dispute about the enforceability or scope of the class action waiver.
Severability. If the class action waiver is found unenforceable as to a particular claim or request for relief, that claim or request will be severed and decided by a court of competent jurisdiction, and all other claims will proceed in arbitration.
Term. These Terms remain in effect while you have an account or use the Service.
Suspension for cause. We may suspend or restrict your access to the Service immediately, with or without notice, if we reasonably believe that you have violated these Terms, engaged in fraud or abuse, created a security risk to the Service or others, or failed to pay amounts due.
Termination for cause. We may terminate your account and these Terms if you materially breach these Terms and do not cure the breach within a reasonable period after notice, or immediately if the breach is not capable of cure.
Termination for convenience. We may terminate or discontinue the Service, or your access to it, for convenience on at least thirty (30) days' notice. You may terminate at any time by canceling your subscription and deleting your account from Settings.
Effect of termination. Upon termination, your right to use the Service ends. We will handle deletion and retention of your data as described in our Privacy Policy and Data Retention Policy. Provisions that by their nature should survive termination will survive, including Sections 7 through 14 and Sections 19 and 20.
We strive for high availability but do not guarantee that the Service will be uninterrupted or available at any particular time. We may perform maintenance, updates, or modifications that temporarily affect availability, and we may modify, suspend, or discontinue any feature at any time. We are not liable for any unavailability, downtime, or service interruption.
We may modify these Terms from time to time. If we make material changes, we will provide notice by email or in-app notification at least thirty (30) days before the changes take effect, unless a shorter period is required to address a legal or security matter. Your continued use of the Service after the changes take effect constitutes acceptance of the revised Terms. If you do not agree, you must stop using the Service and may cancel your subscription.
We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including natural disasters, war, terrorism, pandemics, labor disputes, government actions, internet or power outages, or failures or disruptions of third-party services.
These Terms are governed by the laws of the State of New Hampshire, without regard to its conflict of law rules. Subject to the arbitration agreement in Section 14, any action that may be brought in court must be brought in the state or federal courts located in New Hampshire, and you consent to the personal jurisdiction of those courts.
Severability. If any provision of these Terms is found unenforceable, the remaining provisions remain in full force and effect.
Entire agreement. These Terms, together with our Privacy Policy and any plan-specific terms presented at purchase, are the entire agreement between you and Black Cat regarding the Service and supersede any prior agreements.
No agency. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and Black Cat.
Assignment. We may assign these Terms or any of our rights and obligations under them. You may not assign yours without our prior written consent, and any attempted assignment in violation of this provision is void.
Waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
Notices and electronic communications. You consent to receive communications from us electronically, including by email and through the Service, and you agree that electronic communications satisfy any legal requirement that a communication be in writing. We may provide notices to you at the email address associated with your account. You may provide notices to us at support@tryblackcat.com.
Headings. Section headings are for convenience only and do not affect interpretation.
Questions about these Terms may be sent to support@tryblackcat.com.
Black Cat Analytics LLC
New Hampshire, United States