Terms of Use

Last Modified: 31/03/2025

KEY PRINCIPLES

• These terms and conditions ("Terms") apply to CozyUp's applications and/or websites as a Guest.

• The App(s)/Website(s) enable guests to discover, request, and purchase services from Hosts or from independent Partners connected by Hosts. These services are offered under CozyUp's brands.

• For all Third-Party Services, including those provided by Hosts and their connected Partners, you enter into a direct contract with the respective service provider. CozyUp acts solely as a technology platform intermediary and is not responsible for the provision or execution of these services.

• Please read these Terms carefully. They include important information about the use of the platform, your rights, and limitations of liability.

ABOUT US

• We are CozyUp Solutions, Inc., a Delaware C Corporation incorporated on June 28, 2023, with our registered office located at, 2810 North Church Street, Wilmington, DE 19802, United States

• EIN: 30-1363618

• Legal Representative: Gary Bouchentouf

• Contact Phone: +1 (323) 417-8458

• Mail: [email protected]

DEFINITIONS

• "Community Guidelines" define the expectations for all users of the App(s)/Website(s). The version applicable to you is the one in effect at the time you accept these Terms.
• "Hosts" refers to individuals or entities using CozyUp to manage short-term rentals and offer additional services (such as early check-ins, late check-outs, or amenities) to their guests. Hosts may also integrate services provided by third-party Partners into their offering.
• "Partners" refers to third-party service providers (e.g., drivers, chefs, guides, cleaners, instructors) connected to Hosts via the CozyUp platform. Partners are independent and not employees or agents of CozyUp.
• "Third-Party Services" refers to all goods or services offered through the App(s)/Website(s) by either Hosts or their connected Partners. This may include transportation, food, cleaning, activities, logistics, or other local services. CozyUp does not provide these services and is not liable for their execution.
• "Guests" refers to individuals purchasing or booking services via the CozyUp App(s)/Website(s), typically in the context of a short-term rental experience.
• "CozyUp" refers to CozyUp Solutions, Inc., a Delaware C Corporation, or any of its affiliates ("we," "us," or " our"). CozyUp provides the App(s)/Website(s) to facilitate access to Third-Party Services.
• "CozyUp Brands" refers to CozyUp's trademarks, service marks, and brand-related identities.
• "Services Provided by CozyUp" refers solely to the digital services and platform infrastructure offered directly by CozyUp, including the ability to browse, purchase, and manage upsells, partner services, and guest experiences. These services may be subject to separate terms.
• "CozyUp Names, Brands, or Works" refers to CozyUp's trade names, logos, service names, trademarks, trade dress, proprietary content, or copyrighted works, or those of its licensors.

TERMS

1. Overview

1.1. These terms and conditions ("Terms") govern your use of CozyUp's mobile applications and/or websites. You must carefully read and accept these Terms before creating an account through CozyUp's applications and/or websites. Creating an account is a required step to access services offered by third-party Hosts or Partners ("Third-Party Services") or any services provided directly by CozyUp. Your acceptance of these Terms establishes a contractual relationship between you and CozyUp Solutions, Inc. These Terms supersede any prior agreements or arrangements between you and CozyUp regarding the use of the App(s)/Website(s).

1.2. These Terms apply unless they conflict with specific terms of service or supplemental agreements governing certain features or services within the CozyUp platform. You may be required to accept such additional terms separately.

1.3. CozyUp acts as a technological platform intermediary for Third-Party Services and may act as a direct service provider for some of its own services. CozyUp does not itself provide services such as transportation, activities, or hospitality services but facilitates the connection between guests and third-party providers (e.g., hosts, activity providers, etc.) who offer these services. CozyUp is not responsible for the performance, safety, or quality of any third-party services, except where required by law.

2. App(s)/Website(s) Services

2.1. CozyUp provides you with the following services:

2.1.1. Access to and use of CozyUp's mobile apps and/or websites, which enable you to request and receive Third-Party Services and/or services provided directly by CozyUp;

2.1.2. Payment collection and processing services, including issuing receipts and invoices on behalf of third-party Hosts or Partners where permitted by law, allowing CozyUp to collect payments from guests and transfer amounts to the appropriate parties (either the Host/Partner for Third-Party Services or CozyUp for its own services). These services may be provided on behalf of CozyUp by its affiliates or third-party providers. These are collectively referred to as the "App(s)/Website(s) Services."

2.2. These Terms govern your use of the App(s)/Website(s) Services.

2.3. CozyUp's applications and websites may be made available under different CozyUp Brands.

2.4. Unless otherwise agreed in writing, the App(s)/Website(s) Services are made available for your personal, non-commercial use only.

2.5. Through CozyUp's applications and websites, you may request and receive Third-Party Services (e.g., check-in, transport, activities) or services provided directly by CozyUp.

3. Third-Party Services

3.1. For Third-Party Services, CozyUp acts solely as a technological intermediary platform between you and independent providers (referred to as "Hosts" or "Partners") who deliver these services. CozyUp does not itself provide the Third-Party Services. All Third-Party Providers are independent contractors, businesses, or entities and are not employees of CozyUp.

3.2. When you're connected to the platform and located near available service providers, CozyUp may present you with options for services offered by Hosts or Partners. You can review these before making a booking.

3.3. To the extent permitted by law, both Third-Party Providers and CozyUp reserve the right to accept or decline any service request at their discretion. CozyUp does not guarantee availability of any specific service or provider.

3.4. For some Third-Party Services, you may be asked to accept separate terms before proceeding with a booking.

3.5. You may be asked to rate a Host or Partner after receiving a service. Similarly, they may also provide a rating for you. These ratings may be visible within the platform and can influence future interactions. For more information, please consult our Community Guidelines.

4. Services Provided by CozyUp

4.1 CozyUp acts as a service provider only for the platform-related digital services it directly operates. These include, but are not limited to, the creation and management of your account, access to the App(s)/Website(s), browsing experiences, and payment processing features.

4.2 Any additional services offered directly by CozyUp may be subject to separate terms or agreements, which will be provided for your acceptance prior to use.

5. Use of the Website

5.1. CozyUp's services are accessible via our web application, which is available on both desktop and mobile browsers. No mobile app download is required to use CozyUp as a guest.

5.2. You are responsible for securing the necessary internet connection and covering any data charges or fees from your network provider. You are also responsible for using a compatible device and browser to access the CozyUp website.

5.3. To request or purchase services, you may need to provide basic information (such as your name, email address, and phone number) and, in some cases, a valid payment method (e.g., credit/debit card). Additional information may be required for certain services.

5.4. You are not obligated to use CozyUp's website, and you may stop using it at any time without prior notice.

5.5. CozyUp may temporarily suspend your access to the platform if there is strong evidence of a serious violation of these Terms (such as fraudulent use or abuse of services). We will notify you of the reason for the restriction, unless we are legally prohibited from doing so, and inform you once access has been restored.

6. Recommendation System

6.1. When you use CozyUp's website in France, we may display recommendations for services offered by Hosts or their connected Partners that we believe may be relevant or interesting to you. These recommendations are intended to help you discover useful or popular local services during your stay.

6.2. Recommendations may include services such as transportation (e.g., airport pickups), local experiences (e.g., surf lessons, city tours), meals (e.g., breakfast delivery), or other amenities (e.g., early check-in, late check-out).

6.3. These suggestions are based on several factors, including but not limited to:

• Your previous browsing or booking history on the CozyUp platform;
• The location of your stay or the property you are booking through;
• The time of day, seasonality, or general popularity of certain services.

6.4. Recommendations are provided to enhance your experience and do not constitute an endorsement or guarantee of service quality by CozyUp. All Third-Party Services are provided independently by Hosts or their connected Partners.

7. Guest Responsibilities

7.1. You agree to use the CozyUp Website in compliance with all applicable laws and only for lawful purposes. You must not misuse the platform or attempt to commit fraud or any harmful activity toward CozyUp, Hosts, or Partners.

7.2. You agree to provide accurate and truthful information when placing an order or communicating through the platform. While no account is required to use the CozyUp platform as a guest, any information you submit must be correct and complete.

7.3. You are responsible for any payments associated with the services you order through the CozyUp platform. In the event of suspected fraud or misuse of your payment information (e.g., stolen card), you must notify your financial institution immediately.

7.4. You must not engage in behavior that causes harm, nuisance, or damage to Hosts, Partners, CozyUp, or any other individual when using the platform or the services accessed through it.

8. Guest Fees and Payments

8.1. Access to the CozyUp website is free of charge for guests. You will only be billed for the services or products you purchase through the platform.

8.2. All service prices are displayed before you confirm your purchase. The displayed price includes applicable taxes ( such as VAT, where required).

8.3. Payments are securely processed by CozyUp on behalf of the service provider. You may receive a receipt issued by CozyUp or by the host or partner.

8.4. If the service cannot be delivered due to your absence or failure to communicate with the provider, you may still be charged, depending on the host's or partner's refund policy.

8.5. For more information about payments or refunds, please contact the host or partner directly.

9. Cancellations and Refunds

9.1. All services and products booked via CozyUp are provided by independent Hosts or Partners. CozyUp is not the provider of these services and does not guarantee cancellations or refunds of any kind.

9.2. Whether a cancellation, refund, or modification is possible depends entirely on the willingness of the Host or Partner. By using the platform, you acknowledge that each Host or Partner may accept or refuse such requests at their sole discretion.

9.3. CozyUp does not allow Hosts or Partners to define or upload custom cancellation policies at this time. All refund-related decisions are handled directly by the Host or Partner, based on their own judgment.

9.4. If applicable under local consumer law, you may have rights concerning certain physical goods (e.g., non-perishable items). In such cases, the Host or Partner is solely responsible for honoring those rights.

10. License

10.1. Subject to your compliance with these Terms, CozyUp grants you a personal, worldwide, non-exclusive, non-transferable, revocable, and non-sublicensable license to access and use the CozyUp website on your device for your personal, non-commercial use only. This license is granted solely for the purpose of allowing you to access and use the services and information made available through the CozyUp web platform.

10.2. All rights not expressly granted to you in these Terms remain the property of CozyUp or its licensors.

11. Intellectual Property

11.1. All rights not expressly granted to you under these Terms are reserved by CozyUp or its licensors. The CozyUp website, platform infrastructure, and all related content and data—including all associated intellectual property rights—remain the exclusive property of CozyUp Solutions, Inc. or its licensors.

11.2. You may not, and may not allow others to:

• (a) license, sublicense, copy, modify, distribute, create derivative works from, sell, resell, transfer, or lease any part of the CozyUp platform;
• (b) reverse engineer or attempt to extract the source code of the platform, except as permitted by law;
• (c) run or launch any automated system (including bots or scrapers) to access or extract data from the platform;
• (d) use, display, or manipulate any CozyUp Names, Brands, or Works for purposes other than platform usage;
• (e) create or register (i) businesses, (ii) URLs, (iii) domain names, (iv) software applications, or (v) social media profiles that contain CozyUp Names, Brands, or Works or anything confusingly similar;
• (f) use CozyUp trademarks or branding as your profile picture, banner, or background image on social media;
• (g) purchase search engine keywords or ad campaigns using CozyUp's branding or confusingly similar terms;
• (h) claim, reference, or seek rights to CozyUp Names, Brands, or Works—alone or in combination with other words, symbols, or designs—except as explicitly authorized in writing by CozyUp.

12. Personal Data

12.1. CozyUp collects, uses, and shares data about you in accordance with its Privacy Policy. Additional privacy notices may apply, especially when interacting with Third-Party Services or services processed by external partners.

13. Your Responsibilities

13.1. You are responsible for any damage or liability resulting from your violation of these Terms, misuse of the CozyUp platform, or any breach of applicable laws or third-party rights.

13.2. You are also responsible for maintaining copies of any important documents or data accessible through the platform that you may need, such as receipts or invoices.

14. Service Availability and Disclaimer

14.1. The CozyUp Website may occasionally be subject to limitations, delays, or other disruptions due to internet usage, third-party communications providers, or unforeseen and unavoidable circumstances (force majeure).

14.2. The platform may also undergo maintenance or updates that could temporarily impact your ability to use certain features. We will inform you of such interruptions when reasonably possible.

15. Limitation of Liability

15.1. Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be legally excluded or limited. Your statutory consumer rights remain unaffected.

15.2. If you are acting as a consumer, CozyUp is not liable for unforeseeable losses or damages at the time of entering into this agreement, including indirect or consequential losses.

15.3. For non-consumer users (e.g., business entities), CozyUp shall not be liable for any indirect damages, including but not limited to:

• (i) loss of profits,
• (ii) loss of revenue,
• (iii) loss of contracts,
• (iv) loss of anticipated savings,
• (v) loss of data or information,
• (vi) loss of goodwill.

15.4. CozyUp is not responsible for any delay or failure in performance resulting from events beyond our reasonable control (force majeure).

15.5. For non-consumer users, CozyUp's total liability related to the use of the platform will in no event exceed five hundred euros (€500), unless otherwise required by applicable law.

15.6. CozyUp provides the platform and digital services to facilitate the purchase of third-party services. CozyUp is not responsible for the execution, quality, or suitability of services offered by Hosts or Partners. Your contract for such services is directly with the respective provider.

15.7. CozyUp is not a service provider for activities such as transport, cleaning, or experiences. We serve only as a booking platform or intermediary. Hosts and Partners are solely responsible for the execution of their services.

15.8. CozyUp shall not be held liable in whole or in part for failures in service execution where such failures are attributable to the Guest, to an unforeseeable event involving a third party not directly involved in the service provision, or in cases of force majeure.

16. Termination

16.1. You may stop using the CozyUp App(s)/Website(s) at any time. No account is required to access guest services.

16.2. CozyUp reserves the right to restrict or terminate access to its platform at any time if:

• you breach these Terms,
• engage in fraudulent, abusive, or illegal conduct, or
• interfere with the normal operation of the platform.

16.3. CozyUp may suspend or remove access to specific services if needed for maintenance, security, legal compliance, or operational reasons. When possible, we will provide advance notice.

16.4. Any outstanding payments for services already ordered remain your responsibility and may be collected by the service provider, even after your access is terminated.

17. General

17.1. Updates to These Terms

CozyUp may amend these Terms from time to time. We will notify you of significant changes by posting an updated version on our Website and, when applicable, via email or other communication channels. Continued use of the App(s)/Website(s) after changes take effect constitutes your acceptance of the new Terms. If you do not agree, you may stop using the platform at any time.

17.2. Severability

If any provision of these Terms is found to be invalid or unenforceable under applicable law, that provision will be removed or limited to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

17.3. Assignment

CozyUp may assign, subcontract, or transfer these Terms or any of its rights or obligations without your prior consent, provided your legal rights are not affected. You may not transfer or assign your rights under these Terms without our prior written consent.

17.4. Entire Agreement

These Terms, along with any additional terms that may apply to specific features or services, represent the entire agreement between you and CozyUp regarding your use of the App(s)/Website(s) and supersede any prior agreements or understandings.

17.5. Additional Terms

Some services or features may be subject to additional terms. If there is a conflict between these Terms and the additional terms, the latter will prevail for the relevant service.

17.6. Third-Party Rights

These Terms do not create any rights enforceable by anyone other than you and CozyUp, unless explicitly stated otherwise.

18. Reporting Content

18.1. If you encounter content on the CozyUp platform (App(s)/Website(s)) that you believe is inappropriate, offensive, or illegal, you may report it by contacting us via our support email at [email protected]. We will review your report in a timely manner and inform you of the decision taken regarding the reported content.

18.2. If you disagree with the outcome, you may reply to our decision to provide further context or request a reassessment.

19. Dispute Resolution

19.1. CozyUp provides a support service to address most questions, complaints, or concerns related to the App(s) /Website(s). However, since services purchased through CozyUp are provided by independent Hosts or Partners, any dispute regarding service quality, refunds, or other contractual issues must be resolved directly with the service provider.

19.2. If you are a consumer residing in France or another EU country, and a dispute related to CozyUp's platform services cannot be resolved through our customer support, you may have the right to access a free mediation service. For France, this service is provided by:

Association Nationale des Médiateurs (ANM)
Address: 62 rue Tiquetonne – 75002 Paris – France
Online form: https://www.anm-conso.com

19.3. You may also file a complaint via the European Commission's Online Dispute Resolution (ODR) platform here: https://ec.europa.eu/consumers/odr. However, CozyUp is not obliged to use the ODR platform and may resolve disputes through other means.

20. Governing Law and Jurisdiction

20.1. These Terms are governed by the laws of France, unless mandatory consumer protection laws in your country of residence provide more favorable rights, in which case those laws will apply.

20.2. Any legal action arising from your use of the CozyUp platform may be brought before a competent court in your country of residence or, if permitted, in the courts of Paris, France.

20.3. If you are using CozyUp as a business user (e.g., not as a consumer), you agree to submit to the exclusive jurisdiction of the French courts.

21. Acceptance of Terms

By accessing or using the CozyUp App(s)/Website(s), you acknowledge that you have read, understood, and agreed to be bound by these Terms.