Terms of Service

1. Acceptance of Terms

By accessing or using the Stokely platform ("Service"), operated by Stokely, Inc. ("Stokely," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Service. These Terms apply to all users of the Service, including operators, staff members, and guests who make bookings through operator booking pages.

2. Description of Service

Stokely is an AI-powered booking engine designed for small tour and activity operators. The Service includes an operator dashboard for managing activities, sessions, bookings, staff, and guests; guest-facing booking pages where customers can browse activities and complete reservations; AI-assisted activity creation and marketing tools; payment processing through third-party providers; email and SMS communications; QR-based check-in; and analytics and reporting. Stokely acts as a technology provider and is not a party to the transactions between operators and their guests.

3. Accounts

To use the Service as an operator, you must create an account by providing accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Operators may invite staff members with designated roles (owner, manager, or guide), and each staff member must have their own account. You agree to notify us immediately of any unauthorized use of your account. Stokely reserves the right to suspend or terminate accounts that violate these Terms or that have been inactive for more than 12 months.

4. Booking Fees

Stokely charges a 5% booking fee on each completed transaction, with a minimum fee of $1.00 per booking. This fee is added to the guest's total at checkout and is clearly displayed before payment. The operator receives 100% of their listed price. Stokely's booking fee covers payment processing costs and platform operation. The fee is calculated server-side and is non-negotiable. Stokely reserves the right to adjust the fee percentage with 30 days' written notice to operators.

5. Payments

Payments are processed through Stripe Connect. Operators must connect a Stripe account to receive payouts. Stokely does not hold or manage operator funds; payments flow directly from the guest to the operator's connected Stripe account. Payout timing is determined by Stripe's standard schedule and the operator's Stripe account settings. Operators are responsible for managing their own refund policies. Refunds are processed through Stripe and may take 5–10 business days to appear on the guest's statement. Stokely's booking fee is non-refundable once a transaction has been completed, except where required by law.

6. Operator Responsibilities

Operators are solely responsible for the accuracy of their activity listings, including descriptions, pricing, availability, and any safety disclosures. Operators must comply with all applicable local, state, and federal laws and regulations governing their tours and activities, including obtaining necessary permits, licenses, and insurance. Operators are responsible for ensuring appropriate safety measures, providing waivers where required, and maintaining adequate liability insurance. Stokely is not responsible for the safety, quality, or legality of any activity listed on the platform.

7. Guest Data

Operators act as data controllers for guest information collected through their booking pages. Stokely acts as a data processor, processing guest data on behalf of operators in accordance with our Privacy Policy and applicable data protection laws, including the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA). Operators are responsible for ensuring they have a lawful basis for collecting and processing guest data, including obtaining appropriate consent for marketing communications. Guest data is retained in accordance with the operator's settings and applicable legal requirements. Upon account termination, operators may request export of their guest data within 30 days.

8. Prohibited Use

You may not use the Service for any illegal purpose or in violation of any applicable laws. You may not list activities that are fraudulent, misleading, or dangerous without appropriate disclosures. You may not attempt to circumvent the booking fee or manipulate the payment system. You may not use the Service to harvest, collect, or store personal data of other users without their consent. You may not interfere with or disrupt the Service, its servers, or networks connected to the Service. You may not reverse-engineer, decompile, or disassemble any part of the Service. Violation of these prohibitions may result in immediate account termination.

9. Intellectual Property

Stokely and its licensors retain all rights, title, and interest in and to the Service, including all software, design, text, graphics, and trademarks. Operators retain all rights to their content, including activity descriptions, images, and branding assets uploaded to the platform. By uploading content, operators grant Stokely a non-exclusive, worldwide license to display and distribute that content solely for the purpose of operating the Service. This license terminates when the operator removes the content or closes their account.

10. Limitation of Liability

To the maximum extent permitted by applicable law, Stokely shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, or business opportunities, arising out of or related to your use of the Service. Stokely's total aggregate liability for all claims arising out of or relating to these Terms or the Service shall not exceed the total fees paid by you to Stokely in the twelve (12) months preceding the claim. The Service is provided "as is" and "as available" without warranties of any kind, either express or implied.

11. Termination

Either party may terminate these Terms at any time for any reason. Operators may close their account through the dashboard settings or by contacting support. Stokely may suspend or terminate accounts that violate these Terms, with notice where practicable. Upon termination, operators may request a data export within 30 days. After 30 days, Stokely may delete operator data in accordance with our data retention policies. Sections regarding intellectual property, limitation of liability, and indemnification survive termination.

12. Changes to Terms

Stokely reserves the right to modify these Terms at any time. We will notify operators of material changes by email at least 30 days before they take effect. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service and close your account.

13. Contact

If you have questions about these Terms, please contact us at legal@stokely.io.

Stokely, Inc.