Imimiselo Yenkqubo Yokuyifumana Kuqala Efumaneka Ngesimemo Kuphela
Last updated: October 11, 2023
Thank you for taking the time to help us improve the products and services of Airbnb, Inc. (and/or its affiliates, as applicable) (“Airbnb”) by participating in our Airbnb Invite-only Early Access Program (the “Program”). These Invite-only Early Access Terms (“Program Terms”) govern your participation and contain important information about your legal rights, remedies, and obligations. By providing feedback or participating in the Program, you agree to comply with and be bound by the Program Terms.
1. AIRBNB INVITE-ONLY EARLY ACCESS PROGRAM
1.1 Purpose. The purpose of the Program is to make beta products, tools, services, and related documentation, materials, and information (collectively, “Early Access Services”) available to Program participants, to provide Airbnb with feedback. Participation in the Program is voluntary, does not create a legal partnership, agency, or employment relationship between you and Airbnb, and does not obligate Airbnb to provide any Early Access Services.
1.2 Eligibility. By participating in the Program, you represent that you are of the legal age of majority in your jurisdiction, and that you are legally permitted to join the Program. If you are accepting the Program Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to the Program Terms, and “you” subsequently throughout the Program Terms means such entity and its affiliates. If you allow a Co-Host access to any of the Early Access Services, you are responsible for ensuring your Co-Host(s) abides by these Program Terms. The Program Terms are void where prohibited by law.
1.3 Access to Early Access Services. Airbnb may make Early Access Services available to Program participants through the Airbnb Platform, or as otherwise provided through the Program from time to time. For the avoidance of doubt: (i) Airbnb shall not be obligated to make Early Access Services available to Program participants, and (ii) Airbnb reserves the right to terminate this agreement pursuant to Section 6, found below. Program access may be provided on a product-by-product or periodic basis and you may be required to agree to subsequent Program Terms in the future for the applicable product or Program period.
1.4 Additional Terms. The Program Terms supplements the Airbnb Terms of Service (“Airbnb Terms”), which are incorporated by reference into the Program Terms. To the extent that there is or may be any conflict between the terms of the Program Terms and the Airbnb Terms, the Program Terms controls, but only in relation to the Program, and not to any other Airbnb products or services. Certain Early Access Services may contain additional product-specific terms that are applicable to your participation in the Program and which will be provided to you separately.
2.1 Grant. Subject to your compliance with the Program Terms, Airbnb hereby grants you, during the Program Terms’ term, the right to use the Early Access Services solely for testing and evaluation purposes in connection with the Program.
3.1 Definition. The Early Access Services (including its nature and existence, features, functionality, photographs, videos, and screenshots), Airbnb IP, Feedback, and any other information disclosed and/or materials provided by Airbnb to you in connection with the Program are “Confidential Information.” Confidential Information excludes information that: (i) is generally available to the public through no fault of yours, (ii) is generally made available to the public by Airbnb, (iii) is independently developed by you without using any Confidential Information, or (iv) was rightfully obtained by you from a third party and without confidentiality restrictions. All Confidential Information remains Airbnb’s sole property and you have no implied licenses or other rights in the Confidential Information not specified in the Program Terms.
3.2 Nonuse and Nondisclosure. Except as expressly permitted in this Section 3 or as expressly permitted by Airbnb in writing, you will not disclose, publish, or otherwise disseminate any Confidential Information to anyone. This also means, without limitation, that you will not take photographs or screenshots, or record videos of any part of the Program, nor share any documents or materials you obtained in connection with the Program. You will take reasonable precautions to prevent any unauthorized use or disclosure of Confidential Information. You agree to use the Confidential Information solely for the permitted uses as set forth in the Program Terms. You acknowledge that unauthorized disclosure or use of Confidential Information could cause irreparable harm and significant injury to Airbnb that may be difficult to ascertain. Thus, you agree that Airbnb will have the right to seek immediate injunctive relief to enforce obligations under the Program Terms in addition to any other rights and remedies it may have.
3.3 Feedback. As part of the Program, you may submit bug reports, enhancement requests, suggestions, and other comments (collectively, “Feedback”) to Airbnb. Airbnb may request this information from you by email, surveys, focus groups, bug forms, and other mechanisms, as well as contact you about Feedback you provide. You hereby assign all right, title, and interest in and to such Feedback to Airbnb, and Airbnb is free to use Feedback for any purpose; and you hereby irrevocably waive any moral rights that you may have in such Feedback. You further represent and warrant that such Feedback does not infringe the intellectual property rights, privacy, or any other legal or moral rights of any third party.
4. DATA PROCESSING
4.1 Consent to Collection and Use of Data. You acknowledge that Airbnb and its subsidiaries and agents may be collecting diagnostic, technical, usage, and related information from your computer, devices, or other hardware that you use in connection with the Early Access Services. By participating in the Program, you acknowledge and agree that Airbnb and its subsidiaries and agents have your permission to collect such information and use it as set forth in this Section 4.
5.1 No Warranties. THE EARLY ACCESS SERVICES ARE EXPERIMENTAL, BETA, DEVELOPMENT, PRE-RELEASE, UNTESTED, OR NOT FULLY TESTED. THE BETA SERVICES MAY BE INCOMPLETE AND MAY CONTAIN ERRORS OR INACCURACIES THAT COULD CAUSE FAILURES, CORRUPTION, LOSS OF DATA OR INFORMATION, OR LOSS OF POTENTIAL OR ACTUAL PROFITS. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL USE OF THE BETA SERVICES ARE AT YOUR SOLE RISK, AND YOU ACCEPT THE ENTIRE RISK AS TO QUALITY, PERFORMANCE, AND ACCURACY. AIRBNB IS PROVIDING ALL CONFIDENTIAL INFORMATION, INCLUDING THE EARLY ACCESS SERVICES, TO YOU “AS IS.” AIRBNB EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, PERFORMANCE, AND FITNESS FOR A PARTICULAR PURPOSE.
5.2 Disclaimer of Liability. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH THE EARLY ACCESS SERVICES, INCLUDING, WITHOUT LIMITATION, COSTS INCURRED FOR THE USE OF THE EARLY ACCESS SERVICES ON YOUR COMPUTER AND DEVICES, DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION, OR DATA. IN NO EVENT WILL AIRBNB BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, ARISING OUT OF OR RELATED TO THE PROGRAM TERMS, INCLUDING ANY LOSS OF POTENTIAL OR ACTUAL PROFITS, LIABILITY RESULTING FROM ANY USE OF THE EARLY ACCESS SERVICES ON YOUR COMPUTER, DEVICES, FROM ANY OTHER CONFIDENTIAL INFORMATION, OR FROM AIRBNB’S PERFORMANCE OR FAILURE TO PERFORM UNDER THE PROGRAM TERMS, EVEN IF AIRBNB HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
5.3 Limitation of Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AIRBNB’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED FIFTY DOLLARS ($50.00) USD. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
5.4 Support and Maintenance. Airbnb is not obligated to provide support or maintenance for any Early Access Services available in the Program. However, if you have support or technical questions about any of Early Access Services, please contact us via the in-app feedback mechanism within the Program.
5.5 Future Products. Airbnb has no obligation to make available a generally available or commercial version of the Early Access Services in the future. If a generally available or commercial version is made available, it may have features, functionality, or fees that are different from those in the Program.
6. TERM AND TERMINATION
6.1 Term. This agreement commences on the earlier of: (i) the date you participate in the Program; or (ii) the date you agree to the Program Terms, and continues in effect until terminated in accordance with this Section 6.
6.2 Termination. This agreement automatically terminates with respect to an Early Access Service if/when Airbnb (at its election) makes the applicable Early Access Services generally or commercially available. Airbnb may terminate this agreement, any of the Early Access Services, and/or the Program, in whole or part, at any time for any reason upon written notice (email or in-app notice to suffice) and without obligation or liability to you. You may cease participation in the Program and terminate this agreement for any reason by emailing Airbnb at firstname.lastname@example.org.
6.3 Effects of Termination. Within 10 days of termination, or earlier if requested by Airbnb, you will: (i) unlink the Early Access Services from your Airbnb account, to the degree you are able to do so; and (ii) cease all other use of and return to Airbnb or destroy any information in your possession relating to the Early Access Services and all other Confidential Information you have. Sections 1.4 (Additional Terms), 3 (Confidentiality), 4 (Data Processing), 5 (Disclaimers), 6.3 (Effects of Termination), and 7 (General) survive termination or expiration of this agreement.
7.1 Third Party Products. Mention of third parties and third party products in any materials, advertising, or promotions provided to Program participants is for informational purposes only and is neither an endorsement nor a recommendation. All third party product descriptions are supplied by the respective vendor or supplier, and Airbnb has no responsibility with regard to the selection, performance, or use of these vendors or products. All understandings, agreements, or warranties, if any, take place directly between the vendors and the prospective users.
7.2 No Export. You will not export or re-export any portion of the Early Access Services or Confidential Information except as authorized by United States law.
7.3 No Waiver. No delay or failure to take action under the Program Terms will constitute a waiver unless expressly waived in writing, signed by a duly authorized representative of Airbnb.
7.4 No Assignment. This agreement may not be assigned or transferred by you. Any contrary assignment or transfer is null and void.
7.5 Modifications. Airbnb may modify this agreement from time to time. By continuing to participate in the Program, testing any Early Access Service, or providing feedback on any Early Access Service, you agree to this agreement as modified.
7.6 Severability. If any provision of the Program Terms is unenforceable or invalid, that provision shall be limited or struck and the rest of the Program Terms shall remain in full force and effect.
7.7 Entire Agreement. The Program Terms is the entire agreement on its subject matter and supersedes all prior agreements on such subject matter.
7.8 Governing Law; Dispute Resolution. For clarity, the governing law and dispute resolution process of the Program Terms are as set forth Sections 22-26 (as applicable) of the Terms of Service.
7.9 EEA, Swiss, and UK residents. If your country of residence or establishment is within the European Economic Area (“EEA”), Switzerland, or the United Kingdom, Sections 5.1, 5.2, 5.3, 6.2, and 7.5 of these Program Terms do not apply to you and are replaced with the Sections 13, 14, 18, and 19 of the Terms of Service for European Users respectively.
8. ADDITIONAL PRODUCT-SPECIFIC TERMS
8.1 Applicability. This Section 8 contains additional terms that apply if you participate in any Early Access Program for which Airbnb notifies you that these additional terms apply.
8.2 Eligibility. You also represent that, to the best of your knowledge, no one in your household (family and roommates) works or provides services for or on behalf of: (i) another short-term rentals platform or lodging industry company (including, without limitation, Booking.com, VRBO, Hilton, Hyatt); (ii) a company with products or features targeting device integrations for IoT, smart entry, home control, automation, or smart assistants (such companies include, without limitation, Amazon, Apple, AT&T, Comcast, or any other Internet service provider, Facebook, Google). If the foregoing situation changes during the Program, you agree to immediately notify us via the mechanism in the Program that you’re no longer eligible for the Program, and we will terminate your participation in the Program.
8.3 Devices and Accounts. You will also need a certain device, which may either be provided by Airbnb, or a different device that Airbnb indicates is compatible with the applicable Early Access Services. If you are the primary Host, you will need to create an account with the appropriate vendor and agree to any terms (including but not limited to terms set forth by such vendor) applicable to your use of such account, and you must connect that account to your Airbnb account. You agree to make sure you have a reliable alternative way, separate from the Program, to help Guests access the Listing.