These Terms of Service (the "Terms") are a binding agreement between VISITY LLC, a Texas limited liability company ("Visity LLC", "PX", "we", "us", or "our"), and the individual or entity accessing or using the PX services ("Customer", "you", or "your").
By clicking "Accept", creating an account, or accessing or using PX websites, applications, and related products and services (collectively, the "Services"), you agree to these Terms. If you do not agree, you must not use the Services.
If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity and its affiliates, and "you" refers to that entity and its affiliates.
PX provides software tools for short term rental ("STR") property managers and operators, including:
PX may provide insights, diagnostics, recommendations, workflows, and automations. PX does not guarantee any specific outcome, including:
All decisions based on use of the Services remain your responsibility.
The Services are intended for business and professional use by STR operators and property managers, not for household consumer purposes.
You must be at least 18 years old and capable of entering into a binding contract. If you act on behalf of an entity or property owner, you represent that you have full authority to bind that entity or owner.
You must provide accurate, current, and complete information when creating your account and keep it updated. You are responsible for all activity under your account and for maintaining the confidentiality of your credentials.
You must promptly notify us at admin@pxit.today if you suspect unauthorized access or use of your account. We may require password resets, multi factor authentication, or other security measures.
You are solely responsible for compliance with all laws, rules, and regulations that apply to you and your properties, including:
You are solely responsible for:
PX is not responsible for errors or omissions caused by inaccurate or incomplete data, misconfiguration, or your failure to review outputs.
You must review and approve owner statements, reconciliations, tax filings, and other outputs before sending them to owners, tax authorities, or other recipients. The Services are intended as tools to assist you. They are not a substitute for your professional judgment.
You must not:
PX offers tiered subscription plans (for example Starter, Growth, Scale or similarly named plans) as described on the PX website or in an order form, including per listing pricing, minimums, and optional add ons such as managed tax filing. The applicable plan, term, and pricing (the "Order") are incorporated into these Terms.
Fees are exclusive of any taxes such as sales, use, VAT, GST, or similar. You are responsible for all such taxes, excluding taxes based on our net income.
We may modify pricing or features for future terms. For recurring subscriptions, we will give you advance notice of material changes. Continued use after the effective date constitutes acceptance of the new pricing and plan.
If payment is not received when due, we may:
If you register for a free trial, we provide the applicable Services at no charge for the trial period stated. We may require a payment method and may automatically convert your trial to a paid subscription at the end of the trial unless you cancel before conversion, as stated at sign up.
We may label certain features as alpha, beta, trial, early access, or similar ("Beta Features"). Beta Features are provided for evaluation only, may be changed or discontinued at any time, and are provided "as is" with no warranties and no service level commitments. To the maximum extent permitted by law, our liability for Beta Features is excluded.
Any promotional codes, discounts, or offers are subject to their stated terms and may be changed or withdrawn at any time.
The Services may integrate with third party products and services such as:
Such third party services are not under our control and are subject to their own terms and privacy policies. We are not responsible for their availability, security, functionality, or decisions, including suspensions, outages, or changes to APIs.
If you connect bank accounts or cards, PX may use third party providers to access transaction data. We do not store your full bank login credentials. You authorize these providers and PX to access and process your financial data as required to provide the Services. We are not responsible for the accuracy of data retrieved from these providers.
Certain plans may include or offer access to tax preparation or filing services performed by certified public accountants or similar professionals ("Tax Providers"). Unless expressly stated in a separate written engagement letter:
Even where PX facilitates information exchange or billing with Tax Providers, you remain responsible for reviewing filings and confirming that they are accurate and complete.
If PX helps you coordinate vendors (for example cleaning, maintenance, or other services), all such vendors act as independent contractors. We do not control or supervise them and are not liable for their acts or omissions. You are responsible for property condition, owner relationships, and appropriate insurance coverage.
The Services use machine learning, rules engines, and other automated techniques to:
Outputs may be inaccurate, incomplete, or based on assumptions that do not fit your specific situation. You must evaluate the outputs and make final decisions.
PX is not a law firm, accounting firm, or tax advisory firm, and the Services do not provide legal, tax, or accounting advice. All information, reports, and suggestions provided through the Services are for informational purposes only and are not a substitute for advice from qualified professionals who understand your particular circumstances.
You remain solely responsible for:
PX does not guarantee compliance with any law or rule and is not responsible for penalties, interest, back taxes, or other amounts assessed by a government or other authority.
Unless expressly stated in a signed agreement, PX is not your general ledger or system of record. You are responsible for your primary books and records and for reconciling PX outputs with your accounting system.
We and our licensors own all rights, title, and interest in and to the Services, including software, documentation, user interfaces, templates, models, and any related intellectual property, subject only to the limited license granted in these Terms.
Subject to these Terms and payment of applicable fees, we grant you a limited, non exclusive, non transferable, non sublicensable license to access and use the Services for your internal business purposes during the term of your subscription.
"Customer Data" means data that you or your systems submit to the Services, including reservations, payouts, owner and property details, tax settings, transaction data, and other content. You retain all rights in Customer Data as between you and us. You grant us a non exclusive, worldwide, royalty free license to host, copy, process, transmit, and use Customer Data as necessary to provide, secure, and improve the Services, and to comply with law.
We may create and use aggregated, anonymized, or deidentified data derived from Customer Data and use of the Services for analytics, product improvement, and business purposes, provided that such data does not identify you or your end users.
If you provide feedback, ideas, or suggestions about the Services, we may use them without restriction or compensation.
"Confidential Information" means non public information disclosed by one party to the other that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Customer Data is your Confidential Information.
Each party will:
Confidential Information does not include information that is:
A party may disclose Confidential Information to the extent required by law, subpoena, or court order, provided it gives reasonable notice and cooperates with efforts to limit disclosure where legally permitted.
Your use of the Services is subject to the PX Privacy Policy, which describes how we collect, use, and share personal data and is incorporated into these Terms by reference.
Where we act as a processor of personal data on your behalf, a separate Data Processing Addendum ("DPA") may apply. In case of conflict between these Terms and a DPA regarding processing of personal data, the DPA will control.
We may suspend or limit access to the Services, in whole or in part, if:
We will try to notify you of suspension where feasible.
You may terminate your account and subscription at the end of the then current term in accordance with your plan or Order. Certain plans may auto renew unless cancelled before the renewal date.
We may terminate your subscription for cause if you materially breach these Terms and do not cure within thirty (30) days after written notice, or immediately for non payment or unlawful use.
Upon termination:
We may retain and use data as described in the Privacy Policy and any DPA, and as required by law. Upon request, we will provide you with export capabilities for Customer Data that remains within the Services in standard formats for a limited period, subject to reasonable conditions and any unpaid amounts.
Sections that by their nature should survive termination will continue to apply, including ownership, fees due, confidentiality, disclaimers, limitations of liability, indemnification, and dispute resolution.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND ALL RELATED CONTENT AND FEATURES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT:
YOU USE THE SERVICES AND RELY ON ANY OUTPUT AT YOUR OWN RISK.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PX NOR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR SUPPLIERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, BUSINESS, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PX'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, WILL NOT EXCEED THE LESSER OF:
Some jurisdictions do not allow certain limitations or exclusions of liability. In such cases, the limitations will apply to the fullest extent permitted by law.
The parties agree that the limitations of liability in this Section are a fundamental basis of the bargain and will apply even if any limited remedy fails of its essential purpose.
You will defend, indemnify, and hold harmless PX and its affiliates, officers, directors, employees, and agents from and against any claims, demands, losses, damages, liabilities, costs, and expenses (including reasonable attorneys fees) arising from or relating to:
We may choose to participate in the defense with our own counsel at our own expense. You must not settle any claim that imposes any obligation on PX without our prior written consent.
These Terms are governed by the laws of the State of Texas, without regard to conflict of law rules.
Except for claims that may be brought in small claims court and claims for injunctive or equitable relief, any dispute arising out of or relating to these Terms or the Services will be resolved exclusively by binding arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures, before a single arbitrator, in Austin, Texas. The language of arbitration will be English.
You and PX agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate as a class representative or class member in any class action against PX.
You may opt out of the arbitration and class action waiver provisions by sending written notice to admin@pxit.today within thirty (30) days of first accepting these Terms, with the subject line "Arbitration Opt Out" and your name, account email, and statement that you opt out. If you opt out, PX will not be bound by these arbitration provisions with respect to you.
If arbitration is found not to apply, the parties agree that the exclusive jurisdiction and venue for disputes will be the state and federal courts located in Travis County, Texas, and each party consents to personal jurisdiction there.
We may update or modify the Services and these Terms from time to time. If we make material changes, we will provide notice, for example by email or through the Services. The updated Terms will be effective on the date stated in the notice. Your continued use of the Services after the effective date means you accept the changes. If you do not agree, you must stop using the Services and may terminate as permitted in Section 11.
These Terms, together with any Order, the Privacy Policy, any DPA, and any other referenced documents, form the entire agreement between you and PX regarding the Services and supersede all prior or contemporaneous agreements on that subject.
If there is a conflict between these Terms and an Order, the Order will control. If there is a conflict between these Terms and a DPA regarding processing of personal data, the DPA will control.
You may not assign or transfer these Terms or your rights and obligations without our prior written consent. We may assign these Terms without your consent, including in connection with a merger, acquisition, or sale of assets.
The parties are independent contractors. These Terms do not create a partnership, joint venture, or agency relationship.
If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect and will be interpreted to best effectuate the original intent.
Our failure to enforce any provision of these Terms is not a waiver of future enforcement of that or any other provision.
Notices to PX must be sent to:
VISITY LLCWe may send notices to you by email to the address associated with your account or through the Services.