Terms of Service
These Terms of Service ("Terms") govern your access to and use of the Kenova platform and associated services (the "Service") operated by Mark Gled, trading as Kenova ("Kenova", "we", "us").
By submitting a host intake form, activating a welcome guide, or otherwise using the Service, you ("Host") agree to be bound by these Terms. If you do not agree, do not use the Service.
1. The Service
Kenova provides a web-based platform that enables short-term rental hosts to create and publish digital guest information guides ("Guides"). Guides are delivered as mobile-optimised web pages hosted at guide.kenovastay.com and accessed by guests via QR code or direct URL.
The Service is provided on a subscription basis. Subscription terms, pricing, and payment details are set out separately in your subscription agreement or order confirmation. These Terms apply in addition to those commercial terms.
2. Eligibility
The Service is available only to persons who:
- are at least 18 years of age;
- are legally authorised to let or manage the property described in their Guide; and
- are acting in a commercial or professional capacity as a property host or property manager.
The Service is not available to consumers acting in a purely personal, non-commercial capacity.
3. Host content and obligations
3.1 Accuracy. You are solely responsible for the accuracy, completeness, and currency of all content you provide to Kenova (property name, check-in details, WiFi credentials, local recommendations, house rules, and any other information). Kenova publishes this content as provided and does not verify its accuracy.
3.2 Lawful content. You warrant that all content you submit to Kenova:
- does not infringe any third party's intellectual property rights, privacy rights, or other legal rights;
- is not false, misleading, or deceptive;
- complies with all applicable laws and regulations in the jurisdictions in which your property is located and in which guests may access the Guide.
3.3 Regulatory compliance. You are responsible for ensuring that your short-term rental activity, and any information provided to guests in the Guide, complies with local laws, including any applicable tourism licensing, tax registration, and rental regulations in the Republic of Croatia or other applicable jurisdiction.
3.4 Security credentials. WiFi passwords, door codes, and access credentials included in your Guide are visible to anyone who accesses the Guide URL. You accept responsibility for choosing what credentials to display and for rotating them as needed.
3.5 Updates. You are responsible for notifying Kenova of any changes to the information in your Guide in a timely manner.
4. Intellectual property
4.1 Kenova platform. The Kenova platform, software, design system, templates, and all content created by Kenova are and remain the exclusive intellectual property of Kenova. You are granted a limited, non-exclusive, non-transferable licence to use the Service for the duration of your subscription.
4.2 Host content. You retain ownership of the content you submit. By submitting content, you grant Kenova a worldwide, royalty-free licence to process, host, and display that content solely for the purpose of operating the Service on your behalf.
4.3 AI-assisted generation. Portions of the Kenova platform may be developed using AI-assisted tools. Kenova makes no representation that the platform code is original human-authored work in its entirety. Your access to and use of the platform is governed by these Terms regardless of the development methodology used.
5. Limitation of liability
5.1 To the maximum extent permitted by applicable law (including Croatian consumer protection law and EU mandatory provisions), Kenova's total aggregate liability to you for any claim arising out of or in connection with the Service — whether in contract, tort (including negligence), breach of statutory duty, or otherwise — shall not exceed the total fees paid by you to Kenova in the 12 months immediately preceding the event giving rise to the claim.
5.2 Kenova shall not be liable for any:
- indirect, incidental, special, consequential, or punitive damages;
- loss of profit, revenue, business, or anticipated savings;
- loss of or damage to goodwill or reputation;
- loss of bookings or guest satisfaction claims;
- loss arising from inaccurate or outdated content in your Guide;
- loss arising from guest reliance on information displayed in your Guide.
5.3 Nothing in these Terms limits or excludes liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be excluded or limited under applicable EU or Croatian law.
6. Availability and service levels
Kenova will use commercially reasonable efforts to ensure the Service is available. However, we do not guarantee uninterrupted availability. The Service may be temporarily unavailable for maintenance, updates, or due to circumstances outside our control (including third-party hosting or infrastructure failures). Kenova is not liable for any loss arising from Service downtime.
7. Termination
7.1 By you. You may terminate your subscription at any time by contacting us at hello@kenovastay.com. Unless otherwise stated in your subscription agreement, no refunds are provided for unused periods of a paid subscription term.
7.2 By Kenova. We may suspend or terminate your access to the Service immediately and without notice if: (a) you breach these Terms; (b) we reasonably believe your use of the Service is unlawful or harmful; or (c) continued provision of the Service becomes impracticable due to legal, regulatory, or technical reasons.
7.3 Effect of termination. On termination, your Guide will be taken offline. Kenova will retain your data in accordance with the Privacy Policy and applicable law.
8. Modifications to the Service and Terms
Kenova may modify these Terms or the Service at any time. Material changes to these Terms will be communicated to you by email at least 14 days before they take effect. Your continued use of the Service after the effective date of any change constitutes acceptance of the revised Terms.
9. Governing law and jurisdiction
These Terms are governed by and construed in accordance with the laws of the Republic of Croatia, without regard to its conflict of law provisions, and subject to applicable EU law including the GDPR.
Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the competent courts of the Republic of Croatia, unless mandatory EU consumer protection provisions confer jurisdiction elsewhere.
10. Dispute resolution
Before initiating formal proceedings, we encourage you to contact us at hello@kenovastay.com to attempt to resolve any dispute informally. We will respond within 10 business days.
EU-based hosts may also be entitled to use the European Commission's Online Dispute Resolution platform at ec.europa.eu/consumers/odr.
11. General
Entire agreement. These Terms, together with your subscription agreement and the Privacy Policy, constitute the entire agreement between you and Kenova regarding the Service and supersede all prior agreements and understandings.
Severability. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
Waiver. Failure by Kenova to enforce any provision of these Terms does not constitute a waiver of the right to enforce it in the future.
Assignment. You may not assign your rights or obligations under these Terms without Kenova's prior written consent. Kenova may assign these Terms in connection with a business transfer or restructuring.