TERMS OF SERVICE

INTRODUCTION

1. NIBARY TERMS OF SERVICE

These Terms of Service (“Terms“) constitute a legally binding agreement between Nibary, its parent companies, subsidiaries, affiliates, successors, assigns, officers, directors, employees, contractors, licensors, and authorized representatives (collectively, “Nibary,” “we,” “our,” or “us“) and every individual or legal entity that accesses or uses the Platform (“User,” “you,” or “your“).

These Terms govern all access to and use of the Nibary website, mobile applications, software, APIs, communications systems, payment interfaces, and all related products and services, whether currently existing or developed in the future (collectively, the “Platform“).

By accessing or using the Platform, you acknowledge that you have read, understood, and agree to be legally bound by these Terms and all policies incorporated herein by reference.

2. Effective Date

Effective Date: [To Be Inserted]

Last Updated: [To Be Inserted]

These Terms become effective immediately upon publication by Nibary unless a different effective date is expressly stated.

For each User, these Terms become binding at the earliest occurrence of any of the following:

Accessing or browsing the Platform;
Creating an account;
Listing a property or service;
Making or accepting a reservation;
Uploading content;
Using any feature or functionality of the Platform; or
Clicking any button indicating acceptance, including but not limited to “Agree,” “Accept,” “Continue,” “Create Account,” or similar language.

Continued use of the Platform constitutes continuing acceptance of these Terms and any subsequent modifications.

3. Definitions

For purposes of these Terms, the following definitions shall apply unless the context clearly requires otherwise.

“Account”

A registered profile created on the Platform for the purpose of accessing services.

“Booking”

A reservation request or confirmed reservation made through the Platform for a Listing.

“Guest”

Any individual or legal entity seeking, requesting, reserving, occupying, or otherwise utilizing accommodations or services offered through the Platform.

“Host”

Any individual or legal entity that lists, advertises, offers, manages, or provides accommodations or related services through the Platform.

“Listing”

Any accommodation, room, apartment, house, villa, vacation rental, hotel unit, shared space, commercial lodging, or other service published on the Platform.

“Platform”

The Nibary website, applications, software, databases, payment interfaces, messaging systems, APIs, and all related technologies and services.

“User”

Any Visitor, Guest, Host, business entity, representative, or any other person or organization accessing or using the Platform.

“Visitor”

Any person who accesses or browses the Platform without making a Booking or creating a Listing.

“Content”

Any text, photograph, video, audio, review, rating, logo, design, message, document, data, metadata, or other material uploaded, submitted, displayed, transmitted, or otherwise made available through the Platform.

“Applicable Law”

Any constitution, statute, regulation, ordinance, rule, judicial decision, governmental order, administrative guidance, sanction regime, or legally binding requirement applicable to a User or to the Platform.

“Service Fees”

Any fees, commissions, charges, processing fees, subscription fees, taxes collected where required, or other amounts charged by or through the Platform.

“Intellectual Property”

All copyrights, trademarks, trade names, patents, trade secrets, database rights, software rights, designs, logos, branding elements, domain names, and other proprietary rights recognized under Applicable Law.

4. Acceptance of Terms

These Terms constitute a legally enforceable agreement.

By accessing or using the Platform, you represent and warrant that:

You have carefully read these Terms;
You understand these Terms;
You agree to be legally bound by these Terms;
You possess the legal authority to enter into this agreement;
You will comply with these Terms and all Applicable Law.

If you are acting on behalf of a corporation, partnership, organization, governmental body, or other legal entity, you further represent and warrant that you possess full authority to bind that entity to these Terms.

If you do not agree to every provision contained herein, you must immediately discontinue use of the Platform.

No oral statement, marketing material, customer support communication, or informal representation shall modify these Terms unless expressly authorized in writing by Nibary.

5. Electronic Agreement

You acknowledge and agree that this agreement is entered into electronically.

To the fullest extent permitted by Applicable Law:

Electronic signatures shall have the same force and effect as handwritten signatures;
Electronic records shall satisfy any legal requirement for written documentation;
Electronic notices, disclosures, invoices, confirmations, policies, and communications shall constitute legally sufficient notice;
Your continued use of the Platform constitutes ongoing electronic acceptance of these Terms.

You consent to receive communications electronically through:

Email;
In-platform notifications;
SMS or messaging services where authorized;
Push notifications;
Any other electronic method reasonably used by Nibary.

You are solely responsible for maintaining accurate contact information and for reviewing communications sent to your registered contact details.

Failure to review or receive an electronic communication due to outdated information, spam filtering, technical issues, or user negligence shall not invalidate such communication where it was properly transmitted by Nibary.

6. Eligibility to Use the Platform

The Platform is intended only for persons legally capable of entering into binding contracts.

By using the Platform, you represent and warrant that:

You are at least eighteen (18) years of age or the minimum legal age required to enter into binding contracts under Applicable Law, whichever is greater;
You possess full legal capacity and authority to accept these Terms;
You are not prohibited from using the Platform under Applicable Law;
You are not subject to sanctions, restrictions, or legal prohibitions that would make your use of the Platform unlawful;
Any information you provide is accurate, complete, current, and not misleading;
If acting on behalf of another individual or entity, you possess valid authority to do so.

Nibary reserves the absolute right, but assumes no obligation, to request identity verification, business documentation, proof of ownership, proof of authorization, or any additional information necessary to verify eligibility.

Nibary may deny, suspend, restrict, or terminate access to the Platform at its discretion where eligibility cannot be reasonably established or where continued access may create legal, operational, or security risks.

7. Compliance with Applicable Laws

Every User is solely responsible for complying with all Applicable Law governing their activities on or through the Platform.

Without limitation, Users are responsible for complying with laws relating to:

Property ownership and leasing;
Landlord and tenant regulations;
Zoning requirements;
Business licensing;
Hotel and lodging regulations;
Tax obligations;
Consumer protection;
Immigration and travel requirements;
Anti-money laundering laws;
Economic sanctions;
Anti-corruption laws;
Health and safety requirements;
Privacy and data protection obligations; and
Any other legal requirements applicable to their jurisdiction or activities.

Hosts are solely responsible for determining whether they may legally list or rent a property and for obtaining any permits, licenses, approvals, or registrations required by Applicable Law.

Guests are solely responsible for ensuring that their use of accommodations complies with Applicable Law and any lawful rules established by the Host.

Nibary does not provide legal, tax, accounting, immigration, zoning, licensing, or regulatory advice. No information made available through the Platform shall be construed as such advice.

Failure by Nibary to enforce any provision of these Terms or to detect any legal violation shall not constitute approval, authorization, waiver, or assumption of responsibility for any User’s conduct.

Each User agrees to indemnify and hold harmless Nibary from any loss, liability, claim, penalty, fine, or expense arising from that User’s failure to comply with Applicable Law.

ABOUT NIBARY

Nature of the Platform

8.1 Platform Purpose

Nibary is a technology-enabled online marketplace designed to facilitate connections between individuals and organizations seeking accommodations and those offering accommodations or related hospitality services. Through its digital infrastructure, Nibary enables Users to discover, advertise, communicate, reserve, and manage temporary lodging and associated services.

Nibary provides technological tools and marketplace functionality but does not, by default, own, lease, operate, control, manage, inspect, supervise, or guarantee the accommodations or services offered by independent Hosts unless expressly stated otherwise in writing.

The Platform serves as a facilitator of transactions and communications between independent parties and should not be construed as creating any agency, partnership, employment, franchise, fiduciary, joint venture, or similar legal relationship between Nibary and any User.

8.2 Marketplace Only

Nibary operates as a digital marketplace and transaction facilitation platform.

Unless expressly agreed in writing, Nibary:

Does not manufacture, own, or possess the accommodations listed on the Platform;
Does not employ Hosts as its employees or agents;
Does not become a party to occupancy agreements entered into between Hosts and Guests except to the extent necessary to facilitate payment processing or enforce Platform policies;
Does not guarantee the quality, legality, safety, habitability, availability, or suitability of any Listing;
Does not warrant that any Listing complies with local building codes, zoning regulations, licensing requirements, or safety standards.

Users acknowledge that the Platform merely provides technological infrastructure through which independent parties may interact and transact.

8.3 Nibary Is Not a Property Owner

Except where explicitly identified otherwise, Nibary is not the owner, landlord, lessor, sublessor, operator, manager, custodian, or possessor of properties listed on the Platform.

Ownership, possession, maintenance, management, and legal responsibility for each Listing remain solely with the applicable Host or other legally responsible party.

The publication of a Listing on the Platform shall not be interpreted as evidence that Nibary has:

Inspected the property;
Verified ownership;
Guaranteed legal authority to rent;
Certified compliance with applicable laws;
Assessed structural integrity or safety;
Guaranteed the accuracy of descriptions, photographs, amenities, or pricing.

Any representation regarding a Listing is made by the Host unless expressly identified as originating from Nibary.

8.4 Nibary Is Not a Real Estate Broker or Agent

Unless expressly required by applicable law or expressly stated in writing, Nibary does not act as:

A real estate broker;
A real estate salesperson;
A property management company;
A travel agency;
A landlord;
A tenant;
A hotel operator;
A lodging establishment;
An escrow agent; or
A fiduciary representative of any User.

The operation of the Platform and the facilitation of communications or payments shall not, by themselves, create any brokerage, agency, fiduciary, or representative relationship.

No User is authorized to represent that Nibary has endorsed, certified, guaranteed, or approved any property, service, or transaction except where expressly communicated by Nibary.

8.5 Independent Users

Hosts and Guests are independent persons or entities who make their own business and personal decisions.

Nibary does not direct, supervise, or control the actions of Hosts or Guests beyond the operation of Platform policies and technical functionality.

Each User remains solely responsible for:

Their decisions;
Their representations;
Their contractual obligations;
Their legal compliance;
Their financial obligations;
Their conduct before, during, and after any reservation.

Nothing contained within these Terms shall be interpreted as establishing employment, partnership, agency, franchise, joint venture, fiduciary duty, or similar relationship between Nibary and any User.

9. Services Provided

9.1 General Services

Nibary may provide a variety of digital services designed to facilitate marketplace transactions, improve user experience, enhance trust and safety, and support communications among Users.

The specific services available may change over time without creating any obligation for Nibary to continue offering any particular feature.

Nibary reserves the unrestricted right to add, modify, suspend, replace, or discontinue any service or functionality at any time, with or without notice, to the extent permitted by applicable law.

9.2 Listing Services

The Platform allows eligible Hosts to create, edit, publish, manage, promote, and remove Listings for accommodations or related services.

Listings may include, without limitation:

Property descriptions;
Images;
Videos;
Amenities;
House rules;
Availability calendars;
Pricing information;
Cancellation policies;
Location information;
Other relevant content.

Hosts are solely responsible for ensuring that Listing information remains accurate, complete, lawful, and up to date.

Nibary assumes no responsibility for inaccuracies, omissions, or misrepresentations contained within Listings.

9.3 Search and Discovery Services

The Platform enables Users to search, browse, filter, compare, and discover Listings using algorithms, maps, categories, recommendations, rankings, and other technological tools.

Search results may be influenced by numerous factors, including but not limited to:

User preferences;
Availability;
Geographic relevance;
Pricing;
Reviews;
Popularity;
Platform quality metrics;
Promotional arrangements;
Safety considerations; and
Other proprietary ranking methodologies.

Nibary is under no obligation to explain, disclose, or maintain any particular ranking methodology.

The appearance or ranking of a Listing does not constitute endorsement or certification by Nibary.

9.4 Booking Services

Subject to Platform rules and applicable law, the Platform enables Guests to request or confirm reservations for Listings made available by Hosts.

A Booking may become binding only when confirmed in accordance with the applicable booking process established by the Platform and the Host.

Nibary reserves the right to refuse, suspend, modify, cancel, or reverse a Booking where reasonably necessary to:

Protect Users;
Investigate fraud;
Comply with legal obligations;
Enforce Platform policies;
Address payment issues;
Protect the integrity and security of the Platform.

Such actions shall not automatically create liability on the part of Nibary except where required by applicable law.

9.5 Payment Facilitation Services

Where available, Nibary may facilitate the collection, processing, transmission, settlement, or distribution of payments through itself or authorized third-party payment providers.

Payment facilitation services may include:

Reservation payments;
Service fees;
Taxes where required;
Security deposits;
Refunds;
Host payouts;
Currency conversion;
Fraud prevention measures.

Nibary does not guarantee uninterrupted payment services and may delay, reject, reverse, or withhold transactions where reasonably necessary to comply with legal obligations, investigate suspicious activity, mitigate risk, or enforce these Terms.

Nothing herein shall be construed as creating a banking relationship or deposit account between Nibary and any User.

9.6 Messaging and Communication Services

The Platform may provide communication tools enabling interactions between Users before, during, and after reservations.

Nibary may, to the extent permitted by applicable law and its Privacy Policy:

Store communications;
Monitor automated systems for fraud or abuse detection;
Restrict communications that violate Platform policies;
Remove unlawful or harmful content.

Nibary does not guarantee the accuracy, completeness, legality, or truthfulness of communications exchanged between Users and shall not be responsible for statements made by independent Users.

9.7 Reviews and Ratings

The Platform may permit Users to publish ratings, reviews, feedback, and other evaluative content regarding Listings or transactions.

Reviews represent the opinions of the submitting User and do not necessarily reflect the views of Nibary.

Nibary reserves the absolute right, but not the obligation, to:

Review submitted content;
Remove or restrict reviews;
Investigate suspicious review activity;
Suppress fraudulent or manipulated ratings;
Enforce Community Standards and Platform policies.

Nibary does not guarantee that all published reviews are complete, accurate, unbiased, or representative.

10. Geographic Scope

Nibary is designed to operate as a global digital platform, subject to technical availability, business decisions, and applicable law.

Access to the Platform from a particular country or territory does not constitute a representation that the Platform or its services are lawful, available, or appropriate in that jurisdiction.

Users are solely responsible for determining whether their access to or use of the Platform complies with Applicable Law in their jurisdiction.

Nibary reserves the unrestricted right to:

Limit or prohibit access from specific countries or territories;
Restrict certain services by jurisdiction;
Decline Listings or Bookings involving particular locations;
Comply with sanctions, governmental orders, court decisions, or regulatory requirements;
Modify geographic availability without prior notice.

The existence of international operations shall not be interpreted as an undertaking by Nibary to comply with every local regulatory scheme on behalf of its Users. Each User remains individually responsible for compliance with all Applicable Law governing their activities.

USER ACCOUNTS

11. Account Registration

11.1 Registration Requirement

Certain features of the Platform, including but not limited to creating Listings, making Bookings, processing payments, submitting reviews, communicating with other Users, or accessing restricted functionalities, require the creation of a registered Account.

Nibary reserves the right to determine, at its sole discretion, which services may be accessed without registration and which services require an Account.

11.2 Accurate Information

By creating an Account, you represent and warrant that all information submitted to Nibary is:

True;
Accurate;
Complete;
Current; and
Not misleading or fraudulent.

You agree to promptly update your Account information whenever any material change occurs.

Providing false, misleading, incomplete, or deceptive information constitutes a material breach of these Terms and may result in immediate restriction or termination of your Account.

11.3 Legal Authority

If you create an Account on behalf of:

A corporation;
A partnership;
A limited liability company;
A governmental entity;
A nonprofit organization; or
Any other legal entity,

you represent and warrant that you possess full legal authority to bind such entity to these Terms.

Nibary may request documentary evidence of such authority at any time.

11.4 Business Accounts

Nibary may permit the creation of business, organizational, or enterprise Accounts.

Additional verification, contractual obligations, compliance requirements, or service conditions may apply to such Accounts.

Nibary reserves the right to classify, reclassify, or reject any Account based on its intended use.

11.5 No Ownership Right

An Account constitutes a limited, revocable, non-transferable permission to access the Platform subject to these Terms.

Users acquire no ownership interest in:

Their Account;
Their username;
Platform features;
Platform rankings;
Platform visibility; or
Any digital assets controlled by Nibary except as expressly provided by Applicable Law.

Nibary retains all rights to administer the Platform and its systems.

12. Identity Verification

12.1 Right to Verify

To promote safety, trust, regulatory compliance, and fraud prevention, Nibary may require identity verification at any time before, during, or after registration or use of the Platform.

Verification may be required for all Users or only selected Users based on risk assessments or legal requirements.

12.2 Verification Methods

Nibary may utilize one or more verification methods, including but not limited to:

Government-issued identification;
Passport verification;
Driver’s license verification;
Business registration documents;
Tax identification information;
Telephone verification;
Email verification;
Payment instrument verification;
Address verification;
Selfie or facial comparison technology where permitted by law;
Biometric verification where permitted by law;
Third-party identity verification providers; or
Any other commercially reasonable verification process.

Nibary may modify verification procedures without prior notice.

12.3 Continuing Verification

Identity verification is an ongoing process.

Nibary reserves the right to request additional information or renewed verification whenever reasonably necessary, including after an Account has already been approved.

Failure to cooperate may result in restrictions on Platform access.

12.4 No Guarantee

Identity verification performed by Nibary does not constitute:

A certification of identity;
A guarantee of honesty;
A guarantee of legal compliance;
A guarantee of ownership;
A guarantee of safety; or
A guarantee of future conduct.

Users remain solely responsible for exercising independent judgment when interacting with others.

13. Account Security

13.1 User Responsibility

Users are solely responsible for maintaining the confidentiality and security of their:

Username;
Password;
Authentication credentials;
Verification codes;
Recovery methods; and
Devices used to access the Platform.

Users must take reasonable precautions to prevent unauthorized access.

13.2 Responsibility for Account Activity

Except where prohibited by Applicable Law, all activities occurring through an Account shall be presumed to have been authorized by the registered Account holder.

The Account holder remains responsible for all actions taken through the Account unless and until unauthorized access has been properly reported to Nibary.

13.3 Notification Obligation

Users shall immediately notify Nibary if they become aware of:

Unauthorized access;
Suspected compromise;
Credential theft;
Identity misuse;
Fraudulent activity; or
Any security incident affecting their Account.

Failure to promptly notify Nibary may increase the User’s responsibility for resulting losses to the extent permitted by Applicable Law.

13.4 Security Measures

Nibary may implement security measures including, without limitation:

Multi-factor authentication;
Risk-based authentication;
Device recognition;
Behavioral analytics;
Fraud detection systems;
Transaction monitoring;
Automated security controls; and
Temporary access restrictions.

Nibary may require additional authentication before permitting certain activities.

14. Multiple Accounts

14.1 General Rule

Unless expressly authorized by Nibary, a User shall not create or maintain multiple Accounts for the purpose of:

Circumventing Platform policies;
Avoiding penalties or suspensions;
Manipulating reviews or rankings;
Engaging in deceptive conduct;
Exploiting promotional offers; or
Evading legal or contractual obligations.

14.2 Legitimate Multiple Accounts

Nibary may permit multiple Accounts where there is a legitimate business or operational need, including but not limited to:

Corporate operations;
Property management services;
Franchise operations;
Enterprise solutions; or
Other approved business purposes.

Such permission may be withdrawn at any time.

14.3 Linked Accounts

Nibary may associate multiple Accounts based on technical, behavioral, commercial, or investigative indicators where reasonably necessary for fraud prevention, safety, or regulatory compliance.

Users shall not interfere with or attempt to circumvent such systems.

15. Account Suspension

15.1 Right to Suspend

Nibary reserves the right, at its sole discretion and to the fullest extent permitted by Applicable Law, to temporarily suspend or restrict any Account where it reasonably believes such action is necessary to:

Protect Users;
Protect the Platform;
Investigate suspected misconduct;
Prevent fraud;
Comply with legal obligations;
Protect intellectual property;
Address payment disputes;
Maintain operational integrity; or
Mitigate security risks.

15.2 Grounds for Suspension

Grounds for suspension may include, without limitation:

False information;
Identity fraud;
Payment irregularities;
Chargebacks;
Fake reviews;
Harassment;
Discrimination;
Illegal activity;
Platform manipulation;
Policy violations;
Cybersecurity threats;
Suspicious transactions; or
Failure to complete required verification.

This list is illustrative and not exhaustive.

15.3 Effect of Suspension

During suspension, Nibary may, without limitation:

Disable access to the Account;
Freeze Listings;
Cancel pending transactions where appropriate;
Delay payouts;
Restrict communications;
Request additional documentation; or
Take any other reasonable protective action.

Suspension does not waive any rights or remedies available to Nibary.

16. Account Termination

16.1 Termination by User

A User may request closure of their Account in accordance with Platform procedures.

Closure of an Account does not automatically:

Cancel outstanding Bookings;
Eliminate payment obligations;
Remove legal responsibilities;
Extinguish liabilities arising before termination.

Certain information may be retained where required or permitted by Applicable Law.

16.2 Termination by Nibary

Nibary may terminate or permanently disable an Account, with or without prior notice where permitted by Applicable Law, if it reasonably determines that:

The User has materially violated these Terms;
Continued access poses legal, financial, operational, or security risks;
The Account was created using false information;
Fraudulent or illegal activity has occurred or is reasonably suspected;
Regulatory requirements necessitate termination; or
Termination is otherwise necessary to protect the Platform or its Users.

Nothing in these Terms shall be construed as creating an obligation for Nibary to continue providing access to any Account.

16.3 Consequences of Termination

Upon termination, Nibary may, without limitation:

Remove Listings;
Cancel pending reservations where appropriate;
Disable communications;
Revoke access credentials;
Retain records for legal, regulatory, security, or evidentiary purposes;
Pursue any legal or equitable remedies available.

Termination shall not affect rights, obligations, liabilities, or claims that accrued prior to termination.

16.4 Survival

The termination or closure of an Account shall not affect any provision of these Terms that by its nature is intended to survive termination, including but not limited to provisions concerning:

Payments;
Intellectual Property;
Disclaimers;
Limitation of Liability;
Indemnification;
Dispute Resolution;
Governing Law; and
Any accrued rights or obligations.

HOSTS

17. BECOMING A HOST

17.1 Eligibility

A User may apply to become a Host by creating or converting an Account into a Host Account and satisfying any eligibility requirements established by Nibary.

Approval as a Host is a privilege and not a right. Nibary may approve, reject, suspend, limit, or revoke Host status at any time, with or without explanation, to the fullest extent permitted by Applicable Law.

17.2 Legal Authority

By creating or publishing a Listing, the Host represents and warrants that they possess the full legal right and authority to:

own;
lease;
manage;
control; or
otherwise lawfully offer

the applicable property or accommodation for rental, reservation, or occupancy.

The Host further warrants that offering such accommodation does not violate:

any law;
governmental order;
contractual obligation;
homeowners’ association rule;
condominium regulation;
mortgage agreement;
lease agreement;
zoning restriction; or
any other legally binding obligation.

17.3 Verification

Nibary may require additional documentation before approving or maintaining Host status, including but not limited to:

proof of ownership;
lease authorization;
business registration;
tax documentation;
government identification;
insurance documentation;
permits or licenses; or
any other information reasonably requested.

Approval by Nibary shall not constitute legal certification or validation of the Host’s rights.

18. LISTING REQUIREMENTS

18.1 General Requirements

Every Listing published on the Platform shall:

accurately represent the accommodation;
comply with Applicable Law;
comply with these Terms;
comply with Community Standards;
be suitable for lawful occupancy; and
not infringe upon the rights of any third party.

Nibary reserves the right to reject, modify, limit, or remove any Listing at its sole discretion.

18.2 Listing Content

Listings may include, without limitation:

descriptions;
photographs;
videos;
amenities;
accessibility information;
occupancy limits;
pricing;
availability;
house rules;
cancellation policies; and
other relevant information.

The Host remains solely responsible for all content submitted.

18.3 Prohibited Listings

Hosts shall not publish Listings that:

do not legally exist;
are fictitious;
are misleading;
involve unlawful occupancy;
violate intellectual property rights;
facilitate fraud;
promote illegal activity;
endanger health or safety; or
otherwise violate these Terms or Applicable Law.

Nibary may remove such Listings immediately without prior notice.

19. ACCURACY OF INFORMATION

19.1 Continuing Obligation

The Host shall ensure that every Listing remains accurate, current, complete, and not misleading at all times.

This obligation continues throughout the entire period during which the Listing appears on the Platform.

19.2 Material Information

The Host shall disclose all material information that may reasonably influence a Guest’s decision, including but not limited to:

actual location;
occupancy limitations;
accessibility limitations;
safety risks;
ongoing construction;
known defects;
restrictions;
mandatory fees;
pet policies;
surveillance devices where permitted by law; and
any other relevant conditions.

Failure to disclose material information constitutes a material breach of these Terms.

19.3 Images and Media

Photographs, videos, virtual tours, and other media must fairly represent the accommodation.

The Host shall not manipulate, fabricate, or materially misrepresent the condition, size, amenities, or appearance of the property in a manner likely to mislead Users.

20. PRICING RESPONSIBILITY

20.1 Host Control of Pricing

Except where Platform features automatically calculate prices based upon Host-selected settings, the Host remains solely responsible for establishing and maintaining pricing.

Pricing may include:

nightly rates;
weekly rates;
monthly rates;
cleaning fees;
service charges;
security deposits;
additional guest fees;
taxes where applicable; and
any other lawful charges.

20.2 Transparent Pricing

Hosts shall disclose all mandatory charges prior to Booking to the extent required by Applicable Law and Platform policies.

Hidden or misleading charges are prohibited.

20.3 Pricing Errors

Nibary assumes no responsibility for pricing errors created by the Host.

Where obvious pricing anomalies, technical errors, fraudulent manipulation, or system malfunctions occur, Nibary reserves the right to investigate, suspend, modify, or cancel affected transactions where reasonably necessary.

21. CALENDAR MANAGEMENT

21.1 Availability

Hosts are solely responsible for maintaining an accurate availability calendar.

Hosts shall promptly update availability whenever circumstances change.

21.2 Double Booking

Hosts shall use reasonable efforts to prevent conflicting reservations.

Repeated double bookings or avoidable cancellations may result in penalties, reduced visibility, suspension, or termination.

21.3 Reservation Management

Hosts shall timely respond to reservation requests, confirmations, communications, and other operational matters necessary for successful Guest experiences.

Nibary may establish minimum performance standards for Hosts.

22. TAXES AND LICENSES

22.1 Host Responsibility

The Host is solely responsible for determining and fulfilling all tax obligations arising from Listings or Reservations.

Such obligations may include, without limitation:

income taxes;
occupancy taxes;
tourism taxes;
sales taxes;
value-added taxes;
business taxes; and
any similar governmental assessments.

22.2 Licenses and Permits

The Host shall obtain and maintain all licenses, permits, registrations, approvals, certifications, or governmental authorizations required under Applicable Law.

Nibary does not guarantee that a Listing complies with local regulatory requirements.

22.3 Regulatory Compliance

Hosts shall comply with all laws relating to:

zoning;
housing;
hospitality;
consumer protection;
anti-discrimination;
fire safety;
public health;
accessibility; and
any other Applicable Law governing the accommodation.

Failure to comply may result in immediate Platform action.

23. HOST RESPONSIBILITIES

Hosts are solely responsible for the management and operation of their accommodations.

Without limitation, Hosts shall:

honor confirmed Reservations except where cancellation is permitted;
provide access as represented;
maintain reasonable cleanliness;
maintain functional utilities where advertised;
communicate truthfully with Guests;
respect Guest privacy;
respond to emergencies where reasonably possible;
comply with Platform policies; and
conduct themselves professionally and lawfully.

The Host remains solely responsible for acts or omissions occurring at or relating to the property.

24. SAFETY STANDARDS

24.1 General Duty

Hosts shall exercise reasonable care to maintain accommodations in a condition suitable for lawful occupancy and consistent with Applicable Law.

24.2 Safety Measures

Where required or appropriate, Hosts should maintain:

smoke detection devices;
carbon monoxide detection devices where applicable;
fire extinguishers where appropriate;
emergency exits;
adequate lighting;
structural safety;
electrical safety; and
sanitation standards.

The foregoing examples do not limit the Host’s broader obligations under Applicable Law.

24.3 Hazard Disclosure

Hosts shall disclose known material hazards that may reasonably affect Guest health or safety.

Failure to disclose known hazards constitutes a material breach of these Terms.

25. INSURANCE

Hosts acknowledge that they are solely responsible for determining whether insurance coverage is appropriate or legally required for their activities.

Depending upon Applicable Law and individual circumstances, Hosts may wish to maintain:

property insurance;
liability insurance;
commercial insurance;
short-term rental insurance;
casualty insurance; or
other appropriate coverage.

Unless expressly stated in writing, Nibary does not provide insurance coverage for Hosts, properties, Guests, or transactions.

The absence of a requirement within these Terms shall not relieve the Host of any obligation imposed by Applicable Law.

26. HOST REPRESENTATIONS AND WARRANTIES

By creating, maintaining, or operating a Listing, each Host represents and warrants that:

they possess all necessary legal rights and authority to offer the accommodation;
all information provided is accurate, complete, current, and not misleading;
the Listing complies with Applicable Law;
all required licenses, permits, and approvals have been obtained and will remain valid;
the accommodation is suitable for lawful occupancy as represented;
they will comply with these Terms and all Platform policies;
they will not engage in fraud, deception, discrimination, harassment, or unlawful conduct;
they will promptly correct any inaccurate information;
they accept sole responsibility for the operation and management of their Listing; and
they shall defend, indemnify, and hold harmless Nibary, its affiliates, officers, directors, employees, contractors, successors, and assigns from and against any claims, liabilities, damages, losses, penalties, fines, judgments, costs, or expenses arising out of or relating to the Host’s Listing, conduct, omissions, or failure to comply with these Terms or Applicable Law.

These representations and warranties are continuing in nature and shall remain effective throughout the existence of the Listing and, where applicable, after its removal to the extent necessary to address claims arising from prior conduct.

GUESTS

27. BOOKING PROCESS

27.1 Nature of Booking

The Platform enables independent Guests and Hosts to enter into reservation arrangements through technological infrastructure provided by Nibary. Unless expressly stated otherwise, Nibary is not a party to the occupancy agreement between a Host and a Guest.

Submitting a Booking Request does not create a legally binding reservation until all applicable requirements, including payment authorization and confirmation through the Platform, have been satisfied.

27.2 Guest Due Diligence

Before submitting a Booking Request, the Guest shall independently review and evaluate all available information, including:

Listing description;
Location;
Amenities;
House Rules;
Cancellation Policy;
Pricing;
Occupancy limitations;
Accessibility information;
Safety disclosures; and
Any additional restrictions.

The Guest assumes responsibility for determining whether a Listing is suitable for their intended use.

27.3 Platform Intervention

Nibary reserves the unrestricted right to delay, reject, suspend, investigate, modify, or cancel any Booking where reasonably necessary to:

protect Users;
investigate fraud;
comply with Applicable Law;
mitigate financial or operational risk;
enforce Platform policies;
preserve marketplace integrity; or
protect public safety.

Such intervention shall not, by itself, create liability on the part of Nibary.

28. RESERVATION CONFIRMATION

A Reservation becomes effective only after:

successful completion of the booking process;
required payment authorization;
issuance of confirmation through the Platform.

Preliminary communications, inquiries, negotiations, or payment attempts shall not constitute confirmation.

Nibary does not guarantee availability until confirmation has been issued.

29. PAYMENT AUTHORIZATION

By making a Reservation, the Guest authorizes Nibary and its authorized payment partners to:

process payments;
verify payment instruments;
place temporary holds;
collect taxes where applicable;
process refunds pursuant to Platform policies;
recover outstanding amounts lawfully owed;
conduct fraud prevention measures.

The Guest warrants that every payment method used is lawful and properly authorized.

30. SECURITY DEPOSITS

Certain Reservations may require a Security Deposit.

Security Deposits may be used to cover, without limitation:

property damage;
excessive cleaning;
unauthorized occupancy;
missing property;
policy violations;
unpaid fees; and
other lawful charges.

Nibary may facilitate the collection, holding, release, adjustment, or return of Security Deposits in accordance with Platform policies.

Nothing herein obligates Nibary to determine liability for every claim or to compensate any party from its own funds.

31. GUEST IDENTITY AND BACKGROUND SCREENING

Nibary may require identity verification before, during, or after a Reservation.

Verification methods may include:

government-issued identification;
facial comparison technology where permitted by law;
payment verification;
address verification;
business verification;
sanctions screening;
fraud detection;
third-party verification services.

Nibary may also utilize automated risk assessment systems and artificial intelligence tools.

Verification does not constitute certification of character, safety, or future conduct.

Nibary reserves the right to refuse or cancel Reservations where identity cannot be reasonably established or where elevated risk is identified.

32. CHECK-IN AND CHECK-OUT

Guests shall comply with all lawful check-in and check-out procedures.

Unauthorized early entry or late departure may result in:

additional fees;
cancellation;
removal from the accommodation; or
other lawful remedies.

Guests shall provide reasonable identification where required by Applicable Law or Platform policy.

33. HOUSE RULES

Guests agree to comply with all lawful House Rules communicated by the Host or through the Platform.

Violation of House Rules may result in:

immediate cancellation;
removal from the property;
financial liability;
suspension of Platform privileges; or
termination of the Guest Account.

34. GUEST RESPONSIBILITIES

Guests shall:

act honestly and lawfully;
respect neighbors and communities;
maintain reasonable cleanliness;
protect the property;
report significant hazards or damages;
comply with Applicable Law;
comply with Platform policies.

Guests remain responsible for all individuals whom they invite or permit onto the property.

35. DAMAGE TO PROPERTY

Guests shall be financially responsible for damages resulting from:

intentional acts;
negligence;
misuse;
invited visitors;
accompanying persons;
animals under their control.

Guests shall promptly report any material damage.

Nibary may facilitate damage resolution but assumes no obligation to adjudicate every dispute.

36. ADDITIONAL GUESTS

Only persons included within the Reservation or otherwise authorized by the Host may occupy the accommodation.

Unauthorized occupancy may result in:

additional charges;
cancellation;
removal;
suspension of Platform privileges.

37. PETS

Pets are permitted only where authorized by the Listing or Host.

Guests remain fully responsible for any injury, nuisance, contamination, or damage caused by animals accompanying them.

Nothing herein limits protections afforded to service or assistance animals under Applicable Law.

38. SMOKING

Smoking, vaping, or similar activities shall comply with:

Applicable Law;
Listing restrictions;
House Rules.

Violation may result in:

cleaning charges;
repair costs;
cancellation;
removal from the property.

39. COMMERCIAL PHOTOGRAPHY AND FILMING

Unless expressly authorized by the Host and permitted by Applicable Law, Guests shall not use the accommodation for:

commercial photography;
filmmaking;
advertising;
broadcasting;
live streaming for commercial purposes;
professional content creation;
promotional events.

Unauthorized commercial use may result in cancellation and financial liability.

40. PARTIES AND EVENTS

Unless expressly authorized by the Host and permitted by Applicable Law, Guests shall not organize or permit:

parties;
commercial gatherings;
ticketed events;
public performances;
unauthorized business activities;
excessive gatherings.

Activities creating unreasonable disturbance, safety risks, or property damage are prohibited.

41. CHILDREN AND MINORS

Guests are solely responsible for supervising minors accompanying them.

Nibary and Hosts shall not be deemed to provide childcare or supervision services unless expressly agreed in writing.

Guests assume responsibility for ensuring that minors use the accommodation safely and lawfully.

42. WEAPONS POLICY

Guests shall comply with all Applicable Laws regarding possession, transportation, storage, and use of weapons.

Guests shall not use any weapon in a reckless, threatening, unlawful, or dangerous manner.

Hosts may establish additional lawful restrictions through House Rules.

Nothing herein authorizes conduct prohibited by Applicable Law.

43. ELECTRIC VEHICLE CHARGING

Guests shall use only approved charging facilities where available.

Unless expressly authorized, Guests shall not:

modify electrical systems;
overload circuits;
use unsafe charging equipment;
install charging devices.

Guests remain responsible for damage resulting from unauthorized charging activities.

44. INTERNET AND CYBERSECURITY USE

Guests shall not use internet services or Platform infrastructure to:

conduct cybercrime;
distribute malware;
engage in unauthorized access;
violate intellectual property rights;
conduct phishing;
transmit unlawful content;
interfere with network operations.

Nibary may cooperate with lawful investigations concerning cyber-related misconduct.

45. ILLEGAL ACTIVITIES

Guests shall not use the Platform or any accommodation for unlawful purposes.

Prohibited activities include, without limitation:

fraud;
money laundering;
human trafficking;
terrorism financing;
illegal gambling;
drug manufacturing or distribution;
exploitation of persons;
cybercrime;
property theft;
vandalism;
any activity violating Applicable Law.

Nibary may suspend Accounts, cancel Reservations, preserve evidence, and cooperate with governmental authorities where reasonably necessary.

46. EMERGENCY PROCEDURES

Guests shall exercise reasonable judgment during emergencies and follow lawful instructions issued by emergency responders or property managers.

Guests shall promptly report material emergencies involving:

fire;
flooding;
structural damage;
gas leaks;
criminal activity;
significant injuries;
other serious safety incidents.

Nibary does not assume operational control of emergency response.

47. GUEST INDEMNIFICATION

To the fullest extent permitted by Applicable Law, the Guest agrees to defend, indemnify, and hold harmless Nibary, its parent companies, affiliates, subsidiaries, officers, directors, employees, contractors, successors, assigns, and agents from and against any claims, liabilities, losses, damages, penalties, judgments, fines, costs, or expenses, including reasonable attorneys’ fees, arising out of or relating to:

the Guest’s conduct;
violations of these Terms;
violations of Applicable Law;
property damage;
personal injury;
intellectual property infringement;
misuse of the Platform; or
acts or omissions of persons accompanying the Guest.

48. FORCE MAJEURE

Nibary shall not be liable for delays, interruptions, cancellations, or failures resulting from events beyond its reasonable control, including but not limited to:

natural disasters;
war;
terrorism;
civil unrest;
epidemics or pandemics;
governmental actions;
labor disputes;
utility failures;
internet outages;
cyberattacks;
acts of God; or
other extraordinary circumstances.

Nothing herein guarantees that Reservations affected by Force Majeure will be refunded except as provided by Applicable Law or Platform policy.

49. SURVIVAL OF OBLIGATIONS

The expiration, cancellation, completion, or termination of a Reservation or Guest Account shall not affect obligations which, by their nature, are intended to survive, including but not limited to:

payment obligations;
indemnification;
confidentiality;
dispute resolution;
limitation of liability;
intellectual property rights;
governing law;
jurisdiction; and
enforcement of accrued claims and remedies.

These obligations shall survive to the fullest extent permitted by Applicable Law.

PAYMENTS

50. GENERAL PAYMENT FRAMEWORK

50.1 Nature of Payment Services

Nibary operates a technology-enabled marketplace that may facilitate financial transactions between Users through itself and/or authorized third-party payment service providers.

Unless expressly stated otherwise, Nibary is not a bank, deposit-taking institution, money transmitter, escrow agent, trustee, financial advisor, or fiduciary solely by facilitating payments through the Platform.

Payment facilitation is provided solely to enable Platform transactions and shall not create any ownership interest or custodial relationship with respect to User funds except to the extent required by Applicable Law or written agreement.

50.2 Modification of Payment Services

Nibary reserves the unrestricted right to introduce, modify, suspend, replace, or discontinue any payment feature, processing method, settlement mechanism, currency option, or financial service at any time where reasonably necessary for business, operational, regulatory, security, or legal purposes.

51. PLATFORM FEES

51.1 Platform Fees

Nibary may charge Platform Fees for providing marketplace infrastructure, technology services, payment facilitation, trust and safety services, customer support, promotional services, or other Platform functionalities.

Platform Fees may be charged to:

Guests;
Hosts;
both parties; or
other Users participating in Platform transactions.

51.2 Modification of Fees

Platform Fees may be established, modified, reduced, waived, or discontinued at Nibary’s sole discretion.

Except where prohibited by Applicable Law, updated fee schedules shall become effective upon publication or other reasonable notice determined by Nibary.

51.3 Promotional Pricing

Temporary discounts, promotional credits, coupons, loyalty benefits, or reduced fees are discretionary commercial programs and do not establish continuing rights for any User.

Nibary may modify or discontinue promotional programs at any time.

52. SERVICE FEES

52.1 Nature of Service Fees

Service Fees compensate Nibary for operating, maintaining, securing, improving, and administering the Platform.

Service Fees may include, without limitation:

booking service fees;
payment processing fees;
technology fees;
marketplace fees;
risk management fees;
fraud prevention costs;
customer support costs; and
other lawful charges.

52.2 Separate from Host Pricing

Unless expressly stated otherwise, Service Fees are separate from the accommodation price established by the Host.

The total amount payable may therefore exceed the Host’s advertised nightly rate.

53. TAXES

53.1 User Responsibility

Each User remains solely responsible for determining and satisfying their own tax obligations arising from use of the Platform.

Such obligations may include, without limitation:

income tax;
sales tax;
value-added tax;
occupancy tax;
tourism tax;
business tax;
withholding tax; and
any similar governmental assessment.

53.2 Collection by Nibary

Where required or permitted by Applicable Law, Nibary may collect, calculate, withhold, remit, or report taxes on behalf of Users or governmental authorities.

Such collection shall not be interpreted as an assumption of all tax responsibilities by Nibary.

53.3 Tax Information

Users are solely responsible for providing accurate tax information and any documentation reasonably requested by Nibary or its payment partners.

54. CURRENCY CONVERSION

54.1 Multiple Currencies

The Platform may permit display or payment in one or more currencies.

Displayed prices are informational unless expressly designated as the transaction currency.

54.2 Exchange Rates

Currency conversion may utilize exchange rates determined by:

payment processors;
financial institutions;
third-party providers; or
methodologies selected by Nibary.

Exchange rates may fluctuate continuously.

Nibary does not guarantee any particular exchange rate or conversion outcome.

54.3 Additional Costs

Currency conversion may result in:

foreign exchange adjustments;
banking fees;
payment network fees;
intermediary charges; or
governmental charges.

Nibary shall not be responsible for charges imposed by third parties.

55. PAYMENT PROCESSING

55.1 Authorization

By initiating a transaction, the User authorizes Nibary and its authorized payment providers to:

process payments;
verify payment methods;
place temporary authorizations;
collect applicable fees;
process refunds;
recover outstanding obligations;
perform fraud screening; and
undertake other actions reasonably necessary to complete the transaction.

55.2 Third-Party Providers

Nibary may utilize one or more independent payment service providers.

Such providers may impose additional terms, compliance requirements, verification procedures, or restrictions.

Users agree to comply with such requirements where applicable.

55.3 Risk Management

Nibary may delay, reject, suspend, reverse, or investigate transactions where reasonably necessary to:

prevent fraud;
comply with sanctions;
comply with anti-money laundering obligations;
protect Users;
comply with court orders;
satisfy regulatory requirements;
preserve marketplace integrity.

55.4 No Guarantee of Continuous Processing

Nibary does not guarantee uninterrupted payment processing.

Technical failures, banking interruptions, governmental actions, cyber incidents, or third-party failures may delay or interrupt transactions.

56. REFUNDS

56.1 General Rule

Refund eligibility shall be determined in accordance with:

these Terms;
applicable Platform policies;
applicable cancellation policies;
Applicable Law; and
facts specific to the transaction.

56.2 Processing Time

Approved refunds may require a reasonable period for processing depending upon:

payment method;
financial institution;
payment network;
governmental requirements; and
technical factors.

Nibary does not guarantee the processing time of third-party financial institutions.

56.3 Promotional Credits

Unless expressly stated otherwise, promotional credits, coupons, loyalty rewards, or similar benefits may be non-transferable, non-refundable, and subject to expiration.

57. CHARGEBACKS

57.1 Investigation

Where a payment is disputed or reversed through a chargeback or similar procedure, Nibary may investigate the transaction and request supporting documentation from any affected User.

57.2 Recovery Rights

To the fullest extent permitted by Applicable Law, Nibary may recover amounts associated with:

chargebacks;
processing costs;
investigation expenses;
administrative costs;
legal obligations; or
other amounts lawfully owed.

Recovery may occur through any lawful mechanism, including offset against future payouts where applicable.

57.3 Fraudulent Chargebacks

Initiating a knowingly fraudulent or abusive chargeback constitutes a material breach of these Terms and may result in:

Account suspension;
Account termination;
cancellation of Reservations;
recovery proceedings; or
referral to appropriate authorities.

58. HOST PAYOUTS

58.1 General

Subject to Applicable Law and Platform policies, Nibary may facilitate payouts to Hosts for eligible completed transactions.

No payout shall become due until applicable conditions have been satisfied.

58.2 Conditions

Payouts may be conditioned upon:

successful payment collection;
identity verification;
tax compliance;
fraud review;
dispute resolution;
regulatory compliance; and
other reasonable operational requirements.

58.3 Delays

Nibary may delay, adjust, offset, withhold, or suspend Host payouts where reasonably necessary to:

investigate disputes;
investigate fraud;
comply with legal obligations;
recover outstanding amounts;
protect Users; or
preserve Platform integrity.

Such action shall not constitute a breach of these Terms where undertaken in good faith and to the extent permitted by Applicable Law.

58.4 Third-Party Delays

Nibary shall not be responsible for delays caused by:

banks;
payment processors;
governmental authorities;
network failures;
sanctions screening;
technical interruptions; or
other events beyond Nibary’s reasonable control.

59. FAILED TRANSACTIONS

59.1 Failure Events

Transactions may fail for reasons including, without limitation:

insufficient funds;
expired payment methods;
banking restrictions;
fraud prevention measures;
technical failures;
currency restrictions;
sanctions compliance;
governmental actions; or
other operational factors.

59.2 Platform Rights

Where a transaction fails, Nibary may, without limitation:

request an alternative payment method;
retry processing;
suspend the Reservation;
cancel the transaction;
restrict Account functionality;
delay payouts; or
take other reasonable actions necessary to protect the Platform and its Users.

59.3 Limitation of Liability

To the fullest extent permitted by Applicable Law, Nibary shall not be liable for losses arising from failed, delayed, rejected, reversed, or interrupted transactions caused by:

third-party financial institutions;
payment processors;
telecommunications failures;
cyber incidents;
governmental actions;
force majeure events; or
circumstances beyond Nibary’s reasonable control.

60. PAYMENT RECORDS AND AUDIT RIGHTS

Nibary may retain payment records, transaction histories, communications, and related documentation for legal, regulatory, security, fraud prevention, accounting, tax, dispute resolution, operational, or evidentiary purposes for such periods as Nibary reasonably determines or as required by Applicable Law.

Users agree to cooperate with reasonable requests for documentation or information relating to payment investigations, regulatory inquiries, audits, or dispute resolution processes.

Failure to provide requested information may result in delayed transactions, restricted Platform access, suspension of payouts, or other reasonable protective measures.

61. SURVIVAL OF PAYMENT OBLIGATIONS

The completion, cancellation, expiration, suspension, or termination of a Reservation or Account shall not extinguish obligations relating to:

outstanding payment obligations;
Platform Fees;
Service Fees;
taxes;
chargebacks;
reimbursement obligations;
indemnification arising from payment disputes; or
any other accrued financial liability.

Such obligations shall survive to the fullest extent permitted by Applicable Law until fully satisfied.

CANCELLATIONS

62. CANCELLATION FRAMEWORK

62.1 General Principle

Reservations conducted through the Platform may be cancelled, modified, suspended, rescheduled, or otherwise adjusted in accordance with these Terms, applicable Platform policies, Applicable Law, and the specific contractual conditions governing the relevant transaction.

Nothing contained herein shall be construed as creating an unconditional right of cancellation or an unconditional right to any refund, credit, compensation, or substitute accommodation.

62.2 Reservation Status

A Reservation may exist in various operational states, including but not limited to:

Requested;
Pending;
Confirmed;
Modified;
Suspended;
Cancelled;
Completed; or
Any other status determined by the Platform.

The legal and financial consequences of cancellation may vary depending upon the applicable status.

62.3 Reservation of Platform Authority

Nibary reserves the right, to the fullest extent permitted by Applicable Law, to establish, interpret, amend, supplement, suspend, or discontinue cancellation policies applicable to different categories of Users, products, jurisdictions, Listings, payment methods, promotional programs, or operational circumstances.

Failure to exercise any cancellation-related right in one instance shall not constitute a waiver of such right in any future matter.

63. GUEST CANCELLATION

63.1 Cancellation Request

Subject to these Terms, Platform policies, and Applicable Law, a Guest may submit a cancellation request through procedures designated by the Platform.

Submission of a cancellation request shall not, by itself, create any entitlement to a refund, credit, reimbursement, waiver, or other financial accommodation.

63.2 Applicable Policy

The financial consequences of a Guest cancellation may depend upon numerous factors, including without limitation:

the cancellation policy applicable to the Reservation;
the timing of cancellation;
the status of the Reservation;
promotional terms;
payment status;
Applicable Law;
fraud prevention considerations;
regulatory requirements; and
other relevant circumstances.

63.3 Failure to Utilize Reservation

Failure by a Guest to check in, occupy, utilize, or otherwise benefit from a Reservation shall not automatically entitle the Guest to cancellation rights, refunds, credits, or compensation unless otherwise required by Applicable Law or expressly provided by applicable Platform policy.

63.4 Abuse Prevention

Nibary may investigate or restrict cancellation privileges where it reasonably determines that a User has engaged in:

repeated abusive cancellations;
speculative reservations;
inventory blocking;
fraudulent conduct;
promotional abuse;
policy circumvention; or
other conduct detrimental to the integrity of the Platform.

Nibary may impose operational restrictions or take other lawful actions where reasonably necessary to protect the Platform or its Users.

64. HOST CANCELLATION

64.1 General Obligation

Hosts are expected to honor confirmed Reservations except where cancellation is reasonably necessary or otherwise permitted by these Terms, applicable Platform policies, or Applicable Law.

Nothing herein shall be interpreted as creating strict liability for every cancellation circumstance.

64.2 Operational Measures

Where a Host cancels a Reservation, Nibary may, at its discretion and to the extent permitted by Applicable Law:

reduce Listing visibility;
restrict promotional eligibility;
impose operational limitations;
require additional verification;
temporarily suspend Listing privileges;
permanently remove Listings;
suspend or terminate the Host Account; or
take other reasonable actions designed to preserve marketplace integrity.

Nibary shall determine the appropriate response based upon the particular facts and circumstances.

64.3 Exceptional Circumstances

In evaluating a Host cancellation, Nibary may consider circumstances including, without limitation:

safety concerns;
legal restrictions;
governmental actions;
fraud prevention;
property damage;
Force Majeure events;
technical failures;
payment irregularities; or
other operational considerations.

Consideration of such circumstances shall not create any obligation on the part of Nibary to excuse, approve, or deny any cancellation.

65. PLATFORM CANCELLATION

65.1 Reservation of Rights

Nibary reserves the right, but assumes no obligation, to cancel, suspend, refuse, modify, or otherwise intervene in any Reservation or transaction where it reasonably determines that such action is necessary to:

protect Users;
preserve Platform integrity;
investigate fraud;
comply with Applicable Law;
comply with sanctions or regulatory obligations;
address payment irregularities;
respond to governmental requests;
mitigate cybersecurity risks;
protect intellectual property;
reduce operational risk; or
protect the legitimate interests of Nibary.

65.2 No Duty to Provide Alternatives

Where Nibary exercises cancellation authority, it may, but is under no obligation to:

facilitate communication between Users;
assist in modifying Reservations;
facilitate alternative accommodations;
provide promotional credits;
facilitate voluntary settlements; or
offer substitute products or services.

Nothing herein shall be construed as creating a contractual obligation to provide replacement accommodations or compensation.

65.3 Preservation of Rights

The exercise or non-exercise of any cancellation authority by Nibary shall not constitute a waiver of any contractual, statutory, equitable, or legal right available to Nibary.

66. FORCE MAJEURE

66.1 Extraordinary Events

Performance under these Terms may be affected by extraordinary events beyond the reasonable control of the affected party, including without limitation:

natural disasters;
floods;
earthquakes;
hurricanes;
wildfires;
epidemics;
pandemics;
public health emergencies;
war;
terrorism;
civil unrest;
labor disputes;
governmental actions;
sanctions;
border closures;
transportation disruptions;
utility failures;
telecommunications failures;
cyberattacks;
infrastructure failures; or
other comparable events.

66.2 Operational Response

Where a Force Majeure event reasonably affects a Reservation, Nibary may, at its discretion and subject to Applicable Law:

suspend processing;
delay settlement;
modify procedures;
facilitate communications;
permit cancellation;
facilitate credits;
implement operational adjustments; or
take any other reasonable action necessary to protect the Platform or its Users.

Nothing herein shall be construed as guaranteeing refunds, credits, substitute accommodations, or uninterrupted services.

66.3 Governmental Compliance

Where governmental orders, judicial decisions, regulatory directives, sanctions, public health measures, or other legal requirements affect a Reservation, Nibary may take any action reasonably necessary to comply with such obligations.

Compliance with legal obligations shall not constitute a breach of these Terms.

67. REFUND CALCULATIONS

67.1 General Principles

Any refund, credit, reimbursement, adjustment, or other financial accommodation relating to a cancelled Reservation shall, where applicable, be determined by reference to:

these Terms;
applicable Platform policies;
the applicable cancellation policy;
Applicable Law;
transaction status;
payment status;
promotional terms;
taxes;
fees;
fraud prevention considerations; and
other relevant circumstances.

No specific calculation methodology is guaranteed for all transactions or jurisdictions.

67.2 Financial Components

Refund calculations may include, without limitation:

accommodation charges;
Platform Fees;
Service Fees;
applicable taxes;
promotional discounts;
promotional credits;
payment processing costs;
currency conversion effects;
administrative adjustments;
previously refunded amounts; and
other applicable financial components.

The methodology applied may differ depending upon the transaction and applicable legal requirements.

67.3 Currency Considerations

Where transactions involve multiple currencies, any refund or adjustment may be affected by:

exchange rate fluctuations;
banking practices;
payment network rules;
intermediary charges;
governmental restrictions; or
other financial factors.

Nibary does not represent or warrant that any refund will equal the original amount when converted into another currency.

67.4 Processing Time

Any refund approved pursuant to these Terms or applicable Platform policy may require reasonable processing time depending upon:

payment processors;
financial institutions;
fraud prevention reviews;
governmental requirements;
technical infrastructure; or
other operational factors.

Nibary does not represent or warrant any specific processing timeline except where required by Applicable Law.

67.5 Reservation of Investigative Rights

Nibary reserves the right to:

investigate cancellation-related claims;
request supporting documentation;
suspend payment or refund processing;
offset amounts lawfully owed;
deny fraudulent or abusive claims;
comply with legal or regulatory obligations; and
take any other action reasonably necessary to protect the Platform, its Users, or its legitimate business interests.

67.6 Survival

The cancellation, completion, expiration, suspension, or termination of a Reservation shall not extinguish any rights or obligations which, by their nature or express terms, are intended to survive, including without limitation obligations relating to:

outstanding payment obligations;
taxes and governmental assessments;
indemnification;
limitation of liability;
dispute resolution;
fraud investigations;
record retention;
regulatory compliance; and
enforcement of accrued rights and remedies.

Such provisions shall survive to the fullest extent permitted by Applicable Law until finally resolved.

REVIEWS, RATINGS, AND FEEDBACK

68. GENERAL REVIEW FRAMEWORK

68.1 Purpose of the Review System

The Platform may provide mechanisms through which Users may submit, receive, publish, view, respond to, or otherwise interact with reviews, ratings, comments, recommendations, feedback, photographs, videos, or similar evaluative content (“Reviews”).

The Review system is intended to promote transparency, assist Users in making informed decisions, improve marketplace quality, and enhance trust within the Platform.

Nothing contained herein shall obligate Nibary to publish, retain, verify, prioritize, or display any Review.

68.2 Independent Opinions

Except where expressly identified as official communications from Nibary, Reviews represent solely the opinions of the submitting User.

Reviews shall not be construed as:

statements made by Nibary;
recommendations by Nibary;
guarantees of quality;
guarantees of safety;
guarantees of legality;
guarantees of future performance; or
endorsements by Nibary.

Users remain solely responsible for evaluating Listings and other Users.

68.3 Platform Discretion

Nibary reserves the unrestricted right, to the fullest extent permitted by Applicable Law, to:

publish;
decline to publish;
edit for formatting or technical purposes;
suppress;
reorder;
temporarily hide;
permanently remove;
archive;
restore; or
otherwise manage

any Review, rating, or related content where reasonably necessary to protect the Platform, its Users, or its legitimate business interests.

Nothing herein shall create an obligation to exercise such discretion uniformly or in every circumstance.

69. REVIEWS AND RATINGS

69.1 Eligibility

Nibary may determine, at its sole discretion, which Users are eligible to submit Reviews or ratings.

Eligibility may depend upon factors including:

completed Reservations;
verified transactions;
account standing;
identity verification status;
fraud prevention measures;
regulatory requirements; or
other operational criteria established by the Platform.

69.2 Submission Standards

Users submitting Reviews represent and warrant that their Review:

reflects their genuine experience or opinion;
is materially truthful to the best of their knowledge;
is not intentionally misleading;
does not violate Applicable Law;
does not infringe the rights of any third party; and
complies with these Terms and Platform policies.

69.3 No Obligation to Publish

Nibary may decline to publish or may subsequently remove any Review without prior notice where reasonably necessary to:

protect marketplace integrity;
prevent abuse;
comply with legal obligations;
mitigate operational risk; or
enforce Platform policies.

69.4 Response Rights

The Platform may permit Users to respond to Reviews.

Nibary reserves the right to moderate, limit, remove, or disable responses in whole or in part.

Nothing herein creates a right to receive, publish, or maintain any response.

70. PROHIBITED REVIEWS

70.1 General Prohibition

Users shall not submit Reviews that are unlawful, fraudulent, deceptive, abusive, or otherwise inconsistent with the legitimate purpose of the Review system.

70.2 Prohibited Content

Without limitation, prohibited Reviews include those that:

contain knowingly false statements;
impersonate another person;
contain fabricated experiences;
include defamatory content;
contain hate speech;
promote violence;
promote terrorism or extremist activity;
disclose confidential or private information without authorization;
infringe intellectual property rights;
contain malware or malicious code;
contain unlawful commercial advertising;
facilitate illegal activity;
contain obscene or sexually explicit content where prohibited by Platform policy;
include discriminatory or harassing statements;
manipulate marketplace competition; or
otherwise violate Applicable Law.

70.3 Extortion and Coercion

Users shall not use the Review system to:

demand refunds;
demand discounts;
demand additional services;
threaten reputational harm;
pressure another User into financial concessions; or
otherwise engage in extortion, coercion, or retaliatory conduct.

Nibary may take immediate enforcement action where such conduct is reasonably suspected.

71. FAKE REVIEWS

71.1 Prohibited Conduct

The creation, procurement, publication, solicitation, purchase, sale, exchange, manipulation, or distribution of fake or misleading Reviews is strictly prohibited.

71.2 Examples

Prohibited conduct includes, without limitation:

self-generated Reviews;
paid Reviews without proper disclosure where required by law;
incentivized Reviews intended to mislead;
coordinated Review campaigns;
AI-generated deceptive Reviews;
automated Review submissions;
Review farms;
reciprocal Review arrangements intended to manipulate rankings;
multiple Account manipulation;
fabricated transactions; and
any attempt to artificially influence ratings or marketplace perception.

71.3 Detection Measures

Nibary may utilize manual review processes, automated systems, machine learning technologies, artificial intelligence tools, statistical analysis, behavioral analytics, third-party services, or any other reasonable methodology to identify potentially fraudulent Review activity.

Nibary shall not be obligated to disclose the methodologies used for detection or enforcement.

71.4 Enforcement

Where Nibary reasonably determines that fake or manipulated Reviews may exist, it may, at its discretion:

remove Reviews;
suppress visibility;
adjust ratings;
suspend publishing privileges;
suspend or terminate Accounts;
remove Listings;
reverse promotional benefits;
preserve evidence;
cooperate with regulatory authorities; or
pursue any other lawful remedy.

Nothing herein obligates Nibary to take identical action in every case.

72. REMOVAL OF REVIEWS

72.1 Reservation of Rights

Nibary reserves the unrestricted right to remove, modify, restrict, suppress, archive, or otherwise manage any Review where reasonably necessary to:

comply with Applicable Law;
respond to legal claims;
protect Users;
protect Platform integrity;
prevent fraud;
protect intellectual property;
comply with governmental requests;
reduce litigation risk; or
protect legitimate business interests.

72.2 No Continuing Publication Right

Users acknowledge that submission of a Review does not create any contractual or property right requiring Nibary to publish, retain, display, rank, or preserve such Review for any period of time.

Nibary may discontinue or redesign the Review system at any time.

72.3 Investigation Rights

Nibary may investigate disputed Reviews and may request documentation or additional information from any User.

Failure or refusal to cooperate may be considered when determining appropriate Platform action.

Nibary is under no obligation to resolve every factual dispute between Users.

72.4 Regulatory and Judicial Compliance

Nibary may remove, restrict, preserve, or disclose Review-related information where reasonably necessary to comply with:

court orders;
governmental directives;
regulatory obligations;
law enforcement requests;
intellectual property claims;
privacy obligations; or
other legal requirements.

Compliance with such obligations shall not constitute a breach of these Terms.

72.5 Limitation of Responsibility

To the fullest extent permitted by Applicable Law:

Nibary does not warrant the accuracy, completeness, authenticity, reliability, or legality of Reviews;
Nibary does not undertake a duty to verify every Review;
Nibary does not guarantee that fraudulent Reviews will be detected or removed; and
Nibary shall not be deemed to endorse any Review solely because it appears on the Platform.

Users remain solely responsible for exercising independent judgment when relying upon Reviews.

72.6 Survival

The suspension, cancellation, completion, expiration, or termination of a Reservation or Account shall not affect any rights or obligations relating to:

investigations involving Reviews;
fraud prevention;
regulatory compliance;
intellectual property claims;
defamation claims;
dispute resolution;
record retention; or
enforcement of accrued rights and remedies,

all of which shall survive to the fullest extent permitted by Applicable Law.

USER CONTENT

73. GENERAL USER CONTENT FRAMEWORK

73.1 Definition of User Content

For purposes of these Terms, “User Content” means any information, material, data, or content that a User uploads, submits, publishes, transmits, displays, stores, generates, or otherwise makes available through the Platform, whether directly or indirectly.

User Content includes, without limitation:

photographs;
videos;
audio recordings;
descriptions;
titles;
Listing information;
Reviews;
ratings;
comments;
messages;
floor plans;
documents;
logos;
trademarks owned by the User;
pricing information;
metadata;
AI-generated content;
digital assets; and
any other content submitted through the Platform.

73.2 User Responsibility

Each User remains solely responsible for all User Content submitted through or associated with that User’s Account.

Nibary does not assume responsibility for the legality, accuracy, completeness, authenticity, reliability, ownership, or quality of User Content merely because such content is transmitted, stored, displayed, or otherwise made available through the Platform.

73.3 No Editorial Obligation

Nibary may utilize automated systems, artificial intelligence, manual review, third-party technologies, or other operational tools to manage User Content.

Nothing contained herein shall obligate Nibary to:

pre-screen content;
verify factual accuracy;
monitor every submission;
detect infringement;
detect fraud;
detect AI-generated content;
remove unlawful material; or
continuously review User Content.

Failure to review or remove any content shall not constitute approval, endorsement, or assumption of liability.

74. PHOTOGRAPHS

74.1 Submission Standards

Photographs submitted to the Platform shall accurately and fairly represent the subject depicted and shall not intentionally create a materially misleading impression regarding a Listing, product, service, or User.

74.2 Rights and Authority

By submitting photographs, the User represents and warrants that:

the User owns or lawfully controls all necessary rights;
submission does not violate any contractual obligation;
submission does not infringe intellectual property rights;
submission does not violate privacy rights;
submission does not violate publicity rights; and
all necessary permissions have been obtained.

74.3 Prohibited Images

Users shall not upload photographs that:

infringe intellectual property rights;
contain unlawful material;
impersonate another Listing;
materially misrepresent accommodations;
contain malicious code;
violate Applicable Law; or
otherwise violate Platform policies.

Nibary reserves the right to remove such content without prior notice.

75. VIDEOS

75.1 Video Content

Users may submit videos where permitted by the Platform.

Videos shall comply with these Terms and all Platform policies applicable to User Content.

75.2 User Representations

The submitting User represents and warrants that all persons, property, music, trademarks, logos, performances, and other protected elements appearing within the video are lawfully included or otherwise authorized.

75.3 AI and Synthetic Media

Where videos incorporate artificial intelligence, synthetic media, deepfakes, digital manipulation, or similar technologies in a manner reasonably capable of misleading Users, Nibary may remove, restrict, relabel, or otherwise manage such content at its discretion.

Nothing herein obligates Nibary to identify or detect AI-generated material.

76. DESCRIPTIONS

76.1 Accuracy

Descriptions shall be materially accurate, current, and not intentionally misleading.

Users remain solely responsible for ensuring that descriptions accurately reflect the relevant Listing or service.

76.2 Prohibited Descriptions

Descriptions shall not:

contain fraudulent statements;
misrepresent ownership;
misrepresent location;
misrepresent amenities;
include unlawful advertising;
violate intellectual property rights;
facilitate illegal activity; or
otherwise violate Applicable Law.

76.3 Platform Formatting

Nibary may modify formatting, grammar, layout, categorization, translation, indexing, or technical presentation of descriptions without altering the legal allocation of responsibility for such content.

77. INTELLECTUAL PROPERTY

77.1 Ownership

Except for the rights expressly granted herein, Users retain ownership of intellectual property rights they lawfully possess in their User Content.

Nothing contained in these Terms transfers ownership of User Content to Nibary.

77.2 User Representations

Each User represents and warrants that:

the User owns or controls sufficient rights in the User Content;
submission does not infringe any intellectual property right;
submission does not violate contractual obligations;
submission does not violate privacy or publicity rights;
submission complies with Applicable Law.

77.3 Indemnification

The submitting User shall remain solely responsible for claims arising from alleged infringement, misappropriation, unauthorized use, or unlawful publication relating to User Content and shall indemnify Nibary to the fullest extent provided elsewhere in these Terms.

78. LICENSE GRANTED TO NIBARY

78.1 Grant of License

To the fullest extent permitted by Applicable Law, by submitting User Content through the Platform, the User grants Nibary and its parent companies, subsidiaries, affiliates, successors, assigns, contractors, service providers, partners, and authorized representatives a worldwide, non-exclusive, royalty-free, fully paid-up, transferable, sublicensable, perpetual (or, where perpetual licenses are not enforceable, for the maximum period permitted by law), irrevocable to the extent permitted by law, license to:

host;
store;
reproduce;
copy;
cache;
process;
analyze;
modify for technical purposes;
adapt;
translate;
format;
digitize;
compress;
index;
categorize;
distribute;
publicly display;
publicly perform;
transmit;
publish;
republish;
promote;
market;
advertise;
create derivative works where reasonably necessary for Platform operations;
train and improve automated moderation, search, recommendation, fraud detection, accessibility, translation, and other Platform systems to the extent permitted by Applicable Law; and
otherwise use such User Content in connection with the operation, maintenance, improvement, protection, marketing, development, and lawful commercialization of the Platform and related services.

78.2 Business Transfers

The foregoing license includes the right to transfer or sublicense User Content where reasonably necessary in connection with:

mergers;
acquisitions;
investments;
financings;
restructurings;
outsourcing arrangements;
cloud infrastructure;
payment processing;
litigation;
regulatory compliance; or
other legitimate business operations.

78.3 Survival of License

To the extent necessary for operational continuity, legal compliance, archival purposes, fraud prevention, dispute resolution, regulatory obligations, evidentiary preservation, business continuity, or enforcement of rights, the license granted herein shall survive deletion of User Content or termination of an Account to the fullest extent permitted by Applicable Law.

78.4 No Compensation

Except where expressly agreed in writing or required by Applicable Law, Users acknowledge that they are not entitled to royalties, compensation, residuals, licensing fees, or other payments arising from Nibary’s authorized exercise of the rights granted herein.

79. COPYRIGHT COMPLAINTS

79.1 Respect for Intellectual Property

Nibary respects intellectual property rights and expects Users to do the same.

Users shall not submit content that infringes copyrights, trademarks, database rights, publicity rights, or other proprietary rights.

79.2 Reporting Claims

Persons claiming that User Content infringes their rights may submit a complaint through procedures designated by Nibary.

Nibary may request information reasonably necessary to evaluate such claims, including:

identification of the protected work;
identification of the allegedly infringing material;
contact information;
statements regarding ownership or authority; and
other supporting documentation.

79.3 Platform Discretion

Upon receiving a complaint, Nibary may, at its discretion and to the fullest extent permitted by Applicable Law:

investigate;
request additional information;
temporarily restrict access;
remove content;
restore content;
suspend Accounts;
terminate Accounts;
preserve evidence;
notify affected Users; or
take any other lawful action reasonably necessary to protect the Platform or comply with legal obligations.

Nothing herein obligates Nibary to adjudicate ownership disputes between private parties.

79.4 Repeat Infringers

Nibary reserves the right to suspend, restrict, or terminate Accounts of Users who repeatedly or materially infringe intellectual property rights or who repeatedly submit allegedly infringing material, as reasonably determined by Nibary.

Nothing herein obligates Nibary to adopt any particular threshold or enforcement methodology.

79.5 Reservation of Rights and Survival

Nibary reserves all rights and remedies available under contract, statute, equity, or common law relating to User Content, intellectual property protection, fraud prevention, regulatory compliance, and Platform integrity.

The provisions of this Part, including licenses, representations, warranties, indemnification obligations, record retention rights, investigation rights, and intellectual property protections, shall survive suspension, cancellation, expiration, completion, or termination of any Account or Reservation to the fullest extent permitted by Applicable Law.

PROHIBITED ACTIVITIES

80. GENERAL PROHIBITION

80.1 Lawful and Authorized Use

Users shall access and use the Platform solely for lawful purposes and in a manner consistent with these Terms, Platform policies, Applicable Law, and the legitimate operation of the Platform.

Any activity that creates legal, financial, operational, cybersecurity, regulatory, reputational, or safety risks for Nibary, its Users, or third parties may constitute a prohibited activity.

80.2 Non-Exhaustive List

The prohibited activities described in this Part are illustrative and not exhaustive.

Nibary reserves the right to determine, at its sole discretion and to the fullest extent permitted by Applicable Law, that conduct not specifically identified herein nevertheless constitutes prohibited activity where such conduct threatens the integrity, security, legality, or legitimate interests of the Platform or its Users.

80.3 Reservation of Enforcement Rights

Where Nibary reasonably determines that prohibited activity may have occurred, it may investigate, restrict, suspend, terminate, preserve evidence, report information to appropriate authorities where legally permitted or required, recover losses, or take any other lawful action reasonably necessary to protect the Platform or comply with Applicable Law.

Nothing herein obligates Nibary to investigate every suspected violation or to take identical action in every circumstance.

81. FRAUD

81.1 Prohibited Conduct

Users shall not engage in fraud, attempted fraud, conspiracy to commit fraud, or any deceptive or dishonest practice relating to the Platform.

81.2 Examples

Without limitation, prohibited fraudulent conduct includes:

deceptive transactions;
payment fraud;
refund fraud;
chargeback abuse;
promotional abuse;
fabricated reservations;
false claims for compensation;
insurance fraud;
identity manipulation;
document falsification;
collusive transactions; or
any scheme intended to obtain unlawful financial or commercial advantage.

81.3 Investigation Rights

Nibary may utilize automated systems, artificial intelligence, behavioral analytics, manual review, third-party services, or any other reasonable methodology to identify potentially fraudulent activity.

Nibary shall not be obligated to disclose its investigative methodologies.

82. FAKE LISTINGS

82.1 General Prohibition

Users shall not create, publish, advertise, promote, or facilitate Listings that are fictitious, unauthorized, materially misleading, unavailable, duplicated for manipulation purposes, or otherwise deceptive.

82.2 Examples

Prohibited Listings include, without limitation:

nonexistent properties;
unauthorized properties;
materially inaccurate properties;
duplicate Listings intended to manipulate search results;
Listings created solely to obtain payments or personal information;
Listings intended to facilitate unlawful activity; or
Listings that otherwise misrepresent the accommodation or service offered.

82.3 Platform Action

Nibary may remove, suppress, investigate, suspend, or permanently prohibit any Listing reasonably suspected of violating this Section.

83. IDENTITY FRAUD

83.1 Prohibited Conduct

Users shall not impersonate another individual or entity or otherwise misrepresent their identity, authority, affiliation, ownership, or legal capacity.

83.2 Examples

Without limitation, prohibited conduct includes:

use of false identities;
use of stolen identities;
forged documents;
synthetic identities;
unauthorized business representation;
impersonation of governmental authorities;
impersonation of Nibary personnel;
impersonation of Hosts or Guests; or
creation of Accounts intended to conceal true identity.

83.3 Verification

Nibary may require additional verification whenever reasonably necessary and may suspend or terminate access pending completion of such verification.

Nothing herein obligates Nibary to verify every User or detect every instance of identity fraud.

84. MONEY LAUNDERING

84.1 Prohibited Conduct

Users shall not use the Platform directly or indirectly for money laundering, attempted money laundering, concealment of proceeds of crime, structuring, layering, integration, or any similar activity prohibited by Applicable Law.

84.2 Compliance Measures

Nibary may implement transaction monitoring, identity verification, sanctions screening, enhanced due diligence, reporting procedures, or other compliance measures reasonably necessary to satisfy legal or regulatory obligations.

84.3 Reservation of Rights

Nibary may delay, suspend, reject, reverse, or report transactions where reasonably necessary to comply with anti-money laundering obligations or mitigate financial crime risks.

85. TERRORISM FINANCING

85.1 Prohibited Conduct

Users shall not utilize the Platform to finance, facilitate, support, promote, conceal, or otherwise assist terrorism, terrorist organizations, sanctioned persons, or related unlawful activities.

85.2 Compliance

Nibary may cooperate with competent governmental authorities, sanctions regulators, financial institutions, or law enforcement agencies to the extent permitted or required by Applicable Law.

Nothing herein shall require Nibary to disclose investigative methods or actions.

86. HUMAN TRAFFICKING AND EXPLOITATION

86.1 Absolute Prohibition

The Platform shall not be used for:

human trafficking;
labor trafficking;
sex trafficking;
child exploitation;
forced labor;
unlawful confinement;
exploitation of vulnerable persons; or
any comparable unlawful activity.

86.2 Platform Authority

Where Nibary reasonably suspects such conduct, it may immediately:

suspend or terminate Accounts;
cancel Reservations;
preserve evidence;
restrict Platform access;
cooperate with competent authorities; and
take any other lawful action reasonably necessary to protect individuals and the Platform.

87. ILLEGAL RENTALS

87.1 Compliance Obligation

Users shall not offer, advertise, facilitate, or occupy accommodations in violation of Applicable Law or without lawful authority.

87.2 Examples

Prohibited conduct includes:

unauthorized subletting;
violation of lease restrictions;
violation of zoning laws;
operation without required permits where legally required;
unlawful occupancy arrangements;
evasion of governmental restrictions; or
other unlawful rental practices.

Nothing herein shall impose upon Nibary a duty to verify legal compliance for every Listing.

88. HARASSMENT

88.1 General Prohibition

Users shall not engage in harassment, intimidation, threats, coercion, stalking, retaliation, abuse, or other conduct creating an unreasonable risk to another User or third party.

88.2 Examples

Without limitation, prohibited conduct includes:

verbal abuse;
physical threats;
intimidation;
unwanted persistent communications;
extortion;
retaliation through Reviews;
disclosure of personal information without authorization; or
any conduct reasonably likely to endanger another person.

Nibary may take immediate enforcement action where reasonably necessary.

89. DISCRIMINATION

89.1 Equal Treatment

Users shall comply with Applicable Law concerning unlawful discrimination and shall not unlawfully deny, restrict, or interfere with access to Platform services based on protected characteristics where such protection exists under Applicable Law.

89.2 Platform Rights

Nibary may investigate complaints of discriminatory conduct and may impose restrictions, suspensions, or termination where reasonably appropriate.

Nothing herein obligates Nibary to adjudicate every factual dispute between Users.

90. MALWARE, HACKING, AND CYBERSECURITY ABUSE

90.1 Prohibited Conduct

Users shall not interfere with the security, availability, confidentiality, integrity, or operation of the Platform or associated systems.

90.2 Examples

Prohibited activities include:

unauthorized access;
malware distribution;
ransomware;
viruses;
denial-of-service attacks;
credential theft;
phishing;
reverse engineering where prohibited;
exploitation of vulnerabilities;
unauthorized penetration testing;
malicious automation; or
interference with Platform infrastructure.

90.3 Security Measures

Nibary may implement monitoring, detection, rate limiting, automated blocking, forensic analysis, or other reasonable cybersecurity measures.

Nothing herein obligates Nibary to detect or prevent every cybersecurity threat.

91. AUTOMATED SCRAPING

91.1 General Rule

Except as expressly authorized by Nibary, Users shall not utilize bots, crawlers, spiders, scrapers, harvesting tools, automated scripts, artificial intelligence agents, or similar technologies to access, collect, extract, copy, index, monitor, or otherwise exploit Platform data.

91.2 Data Protection

Users shall not circumvent technical protections or contractual restrictions intended to protect Platform data, algorithms, search results, or proprietary information.

Nibary reserves all available legal and equitable remedies for unauthorized data extraction.

92. SPAM

92.1 Prohibited Communications

Users shall not transmit unsolicited, deceptive, excessive, automated, or commercially abusive communications through the Platform.

92.2 Examples

Prohibited communications include:

spam messages;
phishing attempts;
mass solicitation;
chain messages;
deceptive marketing;
malicious links;
malware distribution; or
other communications reasonably determined to be abusive or harmful.

Nibary may restrict messaging functionality or remove such communications without prior notice.

93. CIRCUMVENTING PLATFORM FEES

93.1 General Prohibition

Users shall not intentionally circumvent Platform Fees, Service Fees, payment systems, or other contractual obligations through direct or indirect arrangements.

93.2 Examples

Without limitation, prohibited conduct includes:

requesting off-Platform payments for Platform-originated transactions;
directing Users to external payment methods to avoid Platform Fees;
manipulating Reservations to reduce fees;
providing misleading contact information to bypass the Platform;
encouraging Users to complete transactions outside the Platform; or
participating in schemes designed to deprive Nibary of lawfully applicable fees.

93.3 Reservation of Rights

Where Nibary reasonably determines that fee circumvention has occurred or is attempted, it may:

cancel Reservations;
suspend or terminate Accounts;
recover applicable fees and associated costs to the extent permitted by Applicable Law;
offset amounts otherwise payable;
preserve evidence;
cooperate with competent authorities where appropriate; and
pursue any contractual, equitable, or legal remedy available.

94. SURVIVAL AND ENFORCEMENT

94.1 Survival

The suspension, cancellation, completion, expiration, or termination of a Reservation or Account shall not affect any rights or obligations arising under this Part that by their nature are intended to survive, including but not limited to:

fraud investigations;
cybersecurity investigations;
intellectual property enforcement;
regulatory compliance;
payment recovery;
indemnification;
dispute resolution;
record retention; and
enforcement of accrued rights and remedies.

94.2 No Waiver

Failure by Nibary to detect, investigate, enforce against, or respond to any prohibited activity shall not constitute approval, authorization, waiver, estoppel, or limitation of any right or remedy available to Nibary under these Terms, Applicable Law, or principles of equity.

PLATFORM RIGHTS

95. GENERAL RESERVATION OF PLATFORM RIGHTS

95.1 Reservation of Rights

Nibary retains and expressly reserves all rights, powers, authorities, remedies, and discretions not expressly limited by these Terms or by Applicable Law.

Nothing contained within these Terms shall be construed as limiting Nibary’s ability to operate, manage, protect, modify, investigate, enforce, suspend, discontinue, or otherwise administer the Platform in a manner reasonably necessary to protect its legitimate business interests, Users, systems, intellectual property, or legal obligations.

95.2 Business Judgment

Except where prohibited by Applicable Law, decisions made by Nibary regarding Platform administration, risk management, content moderation, investigations, account restrictions, Listings, payments, or operational policies shall be made in accordance with Nibary’s reasonable business judgment.

Nothing herein shall create an obligation for Nibary to exercise identical discretion in similar circumstances.

95.3 No Duty to Monitor

Nibary may utilize automated systems, artificial intelligence, manual review, third-party services, or other operational tools to manage the Platform.

Nothing contained herein shall obligate Nibary to:

continuously monitor the Platform;
review every Listing;
verify every User;
investigate every complaint;
detect every violation;
prevent every unlawful act; or
remove every objectionable item.

Failure to exercise any monitoring or enforcement activity shall not constitute approval, endorsement, waiver, or assumption of responsibility.

96. RIGHT TO REMOVE LISTINGS

96.1 General Authority

Nibary reserves the unrestricted right, to the fullest extent permitted by Applicable Law, to reject, decline, modify, suspend, restrict, de-index, suppress, archive, or permanently remove any Listing or related content where it reasonably determines that such action is necessary or appropriate.

96.2 Grounds for Removal

Without limitation, Listings may be subject to removal where Nibary reasonably determines that they:

violate these Terms;
violate Platform policies;
violate Applicable Law;
contain materially misleading information;
present safety concerns;
facilitate fraud;
infringe intellectual property rights;
involve sanctions or regulatory risks;
create cybersecurity risks;
generate excessive legal or operational risk;
materially harm marketplace integrity; or
otherwise threaten the legitimate interests of Nibary or its Users.

This list is illustrative and not exhaustive.

96.3 No Right to Continued Publication

Users acknowledge that publication of a Listing does not create any contractual, proprietary, or continuing right requiring Nibary to maintain such Listing on the Platform for any period of time.

Nibary may redesign, reorganize, reclassify, reprioritize, or discontinue Listings or categories without creating liability except where required by Applicable Law.

97. RIGHT TO SUSPEND OR RESTRICT ACCOUNTS

97.1 General Authority

Nibary reserves the right, at its sole discretion and to the fullest extent permitted by Applicable Law, to suspend, restrict, disable, limit, freeze, or terminate any Account or Platform functionality where it reasonably determines that such action is necessary.

97.2 Grounds

Grounds for restriction may include, without limitation:

suspected fraud;
identity concerns;
payment irregularities;
cybersecurity threats;
repeated policy violations;
abusive conduct;
sanctions compliance;
anti-money laundering concerns;
regulatory obligations;
unlawful activity;
intellectual property disputes;
risk management considerations; or
any conduct reasonably determined to threaten the Platform or its Users.

97.3 Operational Measures

Nibary may, without limitation:

suspend Listings;
cancel or restrict Reservations where appropriate;
delay payouts;
disable messaging functionality;
require additional verification;
impose usage limitations;
preserve evidence;
restrict API access;
disable automated access; or
implement any other reasonable protective measure.

Nothing herein obligates Nibary to provide prior notice where doing so would be inconsistent with Applicable Law, security considerations, or legitimate business interests.

98. RIGHT TO INVESTIGATE

98.1 Investigative Authority

Nibary reserves the right, but assumes no obligation, to investigate actual, suspected, or potential violations of these Terms, Platform policies, Applicable Law, or conduct that may adversely affect the Platform or its Users.

98.2 Scope of Investigation

Investigations may include, without limitation:

review of Account activity;
review of transaction history;
review of communications to the extent permitted by Applicable Law;
review of User Content;
technical analysis;
behavioral analysis;
fraud detection;
identity verification;
document review;
payment review;
cybersecurity analysis; and
use of artificial intelligence or automated detection systems.

Nibary shall not be obligated to disclose investigative methodologies, algorithms, thresholds, or internal decision-making processes.

98.3 User Cooperation

Users agree to cooperate with reasonable investigative requests, including requests for documentation or clarification where reasonably necessary for fraud prevention, regulatory compliance, dispute resolution, or Platform security.

Failure to cooperate may result in restrictions, suspension, delayed transactions, or other reasonable protective measures.

98.4 Preservation of Evidence

Nibary may preserve, archive, duplicate, secure, or otherwise retain information or evidence reasonably necessary for:

litigation;
arbitration;
regulatory inquiries;
fraud investigations;
cybersecurity incidents;
intellectual property disputes;
governmental requests; or
other lawful purposes.

Nothing herein obligates Nibary to preserve information indefinitely except as required by Applicable Law.

99. COOPERATION WITH LAW ENFORCEMENT AND REGULATORY AUTHORITIES

99.1 General Cooperation

Nibary may cooperate with courts, governmental authorities, regulatory agencies, law enforcement organizations, sanctions authorities, tax authorities, financial intelligence units, or other competent bodies where required or permitted by Applicable Law.

99.2 Disclosure of Information

Subject to Applicable Law, Nibary may disclose, preserve, or provide information relating to Users, Accounts, Listings, transactions, communications, payments, technical records, or other Platform activity where reasonably necessary to:

comply with legal obligations;
respond to lawful requests;
protect the rights or safety of persons;
investigate unlawful conduct;
prevent fraud;
protect Platform integrity; or
enforce these Terms.

Nothing herein creates an obligation to notify affected Users before or after such disclosure unless required by Applicable Law.

99.3 Emergency Situations

Where Nibary reasonably believes that disclosure or intervention may assist in preventing death, serious bodily harm, significant financial crime, human trafficking, terrorism, cybersecurity attacks, or other serious threats, it may take such actions as it reasonably determines appropriate, subject to Applicable Law.

100. RECORD RETENTION

100.1 Operational Records

Nibary may retain records relating to:

Accounts;
Listings;
Reservations;
payments;
communications;
Reviews;
User Content;
verification materials;
technical logs;
audit trails;
cybersecurity events;
fraud investigations; and
other Platform activities.

100.2 Retention Purposes

Records may be retained for purposes including, without limitation:

legal compliance;
regulatory compliance;
tax reporting;
accounting;
dispute resolution;
litigation;
arbitration;
fraud prevention;
cybersecurity;
business continuity;
operational analytics;
product improvement; and
protection of Nibary’s legitimate business interests.

100.3 Retention Period

Records may be retained for such periods as Nibary reasonably determines appropriate or as required or permitted by Applicable Law, contractual obligations, regulatory requirements, or legitimate business needs.

Deletion of an Account or User Content shall not necessarily require deletion of associated records where retention is otherwise lawful.

100.4 No Obligation to Retain Indefinitely

Nothing contained herein shall obligate Nibary to preserve any particular record, document, communication, or data indefinitely except to the extent required by Applicable Law or a binding legal process.

101. SURVIVAL OF PLATFORM RIGHTS

101.1 Survival

The rights granted to Nibary under this Part, including rights relating to removal of Listings, Account restrictions, investigations, cooperation with governmental authorities, evidence preservation, record retention, enforcement, and protection of Platform integrity, shall survive the suspension, cancellation, expiration, completion, or termination of any Account, Reservation, Listing, or User relationship to the fullest extent permitted by Applicable Law.

101.2 No Waiver

Failure by Nibary to exercise, delay in exercising, or partial exercise of any right or remedy under this Part shall not constitute a waiver, estoppel, election of remedies, or limitation upon any present or future right or remedy available under these Terms, Applicable Law, or principles of equity.

Sign In

TERMS OF SERVICE

1. NIBARY TERMS OF SERVICE

2. Effective Date

3. Definitions

“Account”

“Booking”

“Guest”

“Host”

“Listing”

“Platform”

“User”

“Visitor”

“Content”

“Applicable Law”

“Service Fees”

“Intellectual Property”

4. Acceptance of Terms

5. Electronic Agreement

6. Eligibility to Use the Platform

7. Compliance with Applicable Laws

Nature of the Platform

8.1 Platform Purpose

8.2 Marketplace Only

8.3 Nibary Is Not a Property Owner

8.4 Nibary Is Not a Real Estate Broker or Agent

8.5 Independent Users

9. Services Provided

9.1 General Services

9.2 Listing Services

9.3 Search and Discovery Services

9.4 Booking Services

9.5 Payment Facilitation Services

9.6 Messaging and Communication Services

9.7 Reviews and Ratings

10. Geographic Scope

11. Account Registration

11.1 Registration Requirement

11.2 Accurate Information

11.3 Legal Authority

11.4 Business Accounts

11.5 No Ownership Right

12. Identity Verification

12.1 Right to Verify

12.2 Verification Methods

12.3 Continuing Verification

12.4 No Guarantee

13. Account Security

13.1 User Responsibility

13.2 Responsibility for Account Activity

13.3 Notification Obligation

13.4 Security Measures

14. Multiple Accounts

14.1 General Rule

14.2 Legitimate Multiple Accounts

14.3 Linked Accounts

15. Account Suspension

15.1 Right to Suspend

15.2 Grounds for Suspension

15.3 Effect of Suspension

16. Account Termination

16.1 Termination by User

16.2 Termination by Nibary

16.3 Consequences of Termination

16.4 Survival

17. BECOMING A HOST

17.1 Eligibility

17.2 Legal Authority

17.3 Verification

18. LISTING REQUIREMENTS

18.1 General Requirements

18.2 Listing Content

18.3 Prohibited Listings

19. ACCURACY OF INFORMATION

19.1 Continuing Obligation

19.2 Material Information

19.3 Images and Media

20. PRICING RESPONSIBILITY

20.1 Host Control of Pricing

20.2 Transparent Pricing