Islotly

Terms of Use

Last updated: February 11, 2025

1. Acceptance of Terms

These Terms of Use ("Terms") constitute a legally binding agreement between you and Islotly ("Islotly," "we," "us," or "our") governing your access to and use of the Islotly website at islotly.com and any related mobile applications, features, and services (collectively, the "Platform").

By accessing or using the Platform in any way — including browsing, creating an account, or booking an appointment — you confirm that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and our Terms of Service. If you do not agree, you must immediately cease using the Platform.

We reserve the right to modify these Terms at any time. We will notify you of material changes by updating the "Last updated" date above or, where required, by more prominent notice. Your continued use of the Platform after changes are posted constitutes your acceptance of the revised Terms.

2. Eligibility

You must be at least the age of majority in your jurisdiction (18 in most provinces and states) to use the Platform. By using the Platform, you represent and warrant that you meet this requirement and that you have the legal capacity to enter into these Terms.

If you are using the Platform on behalf of a business or legal entity, you represent that you have the authority to bind that entity to these Terms, and "you" shall refer to that entity.

We reserve the right to deny access to or terminate the account of any person we believe does not meet these eligibility requirements, without notice or liability.

3. Your Account

To access certain features of the Platform, you must create an account. You agree to:

  • Provide accurate, current, and complete information during registration and keep it up to date
  • Maintain the confidentiality of your login credentials and not share them with any third party
  • Notify us immediately at [email protected] if you suspect unauthorized access to your account
  • Accept responsibility for all activity that occurs under your account, whether or not authorized by you
  • Maintain only one personal account; accounts are non-transferable

We reserve the right to suspend or terminate your account at any time, with or without notice, if we determine that you have violated these Terms, provided false information, engaged in fraudulent activity, or for any other reason at our sole discretion. Upon termination, any bookings, credits, or vouchers associated with your account may be cancelled without refund.

4. Permitted Use

Subject to these Terms, Islotly grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform for your own personal or internal business purposes. This licence does not include any right to:

  • Resell or commercially exploit the Platform or its content
  • Reproduce, distribute, publicly display, or create derivative works from any content without our prior written consent
  • Use the Platform for any unlawful purpose or in violation of any applicable local, national, or international law or regulation

5. Prohibited Conduct

You agree not to engage in any of the following prohibited activities:

  • Scraping and data harvesting: Use any automated means — including bots, scrapers, crawlers, spiders, or data mining tools — to access, collect, or copy content from the Platform
  • Reverse engineering: Attempt to reverse engineer, decompile, disassemble, or otherwise derive the source code of any part of the Platform
  • System interference: Transmit viruses, malware, ransomware, Trojan horses, or any other malicious or harmful code; conduct denial-of-service attacks; or interfere with the Platform's operation or servers
  • Unauthorized access: Attempt to gain unauthorized access to any part of the Platform, other users' accounts, or connected systems
  • Framing and mirroring: Frame, mirror, or embed the Platform or any of its content without our prior written authorization
  • Impersonation: Impersonate any person or entity, or falsely represent your affiliation with any person or entity
  • Spam and unsolicited communications: Send unsolicited commercial messages or engage in phishing, spamming, or similar activities through the Platform
  • Harmful content: Post, upload, or transmit content that is defamatory, obscene, discriminatory, hateful, threatening, or otherwise objectionable
  • Competitive use: Use the Platform to build a competing product or service, or to benchmark or evaluate the Platform for competitive intelligence purposes
  • Circumvention: Circumvent, disable, or interfere with security features, access controls, or usage restrictions of the Platform
  • False bookings: Make bookings with no intention to attend, use false identities, or manipulate booking or review systems

Violation of these prohibitions may result in immediate termination of your account and may expose you to civil or criminal liability.

6. User-Generated Content

The Platform may allow you to submit, post, or share content such as reviews, ratings, profile information, or other materials ("User Content"). By submitting User Content, you:

  • Represent that you own or have the right to submit the content and that it does not infringe any third-party rights
  • Grant Islotly a perpetual, irrevocable, worldwide, non-exclusive, royalty-free licence to use, reproduce, modify, adapt, publish, translate, distribute, and display the content in connection with operating and promoting the Platform
  • Acknowledge that Islotly may remove, edit, or refuse any User Content at any time, with or without notice, at our sole discretion
  • Remain solely responsible for the legality, accuracy, and appropriateness of your User Content

Islotly does not endorse any User Content and expressly disclaims all liability arising from User Content submitted by any user.

7. Intellectual Property

The Platform and all of its content — including but not limited to text, graphics, logos, icons, images, audio clips, software, and the selection and arrangement thereof — are the exclusive property of Islotly or its licensors and are protected by copyright, trademark, and other applicable intellectual property laws.

"Islotly," the Islotly logo, and all related product names, service names, and slogans are trademarks of Islotly. You may not use any Islotly trademark or trade dress without our prior written consent. Nothing in these Terms grants you any right, title, or interest in the Platform or any Islotly intellectual property beyond the limited licence set out in Section 4.

If you believe that any content on the Platform infringes your copyright, please notify us at [email protected] with sufficient detail to allow us to identify the allegedly infringing material.

8. Third-Party Services and Content

The Platform may contain links to, or integrate with, third-party websites, applications, or services. These are provided for your convenience only. Islotly does not endorse, control, or assume responsibility for the content, privacy practices, or availability of any third-party site or service.

The services offered by Business Partners through the Platform are provided by those Business Partners independently. Islotly is not a party to any agreement between you and a Business Partner, and is not responsible for the quality, safety, legality, or any other aspect of the goods or services they offer. Any disputes arising from a booking must be resolved directly with the applicable Business Partner.

9. Disclaimers

THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ISLOTLY EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

  • Any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement
  • Any warranty that the Platform will be uninterrupted, timely, secure, error-free, or free of viruses or harmful components
  • Any warranty as to the accuracy, completeness, reliability, or timeliness of any content on the Platform, including Business Partner listings and availability
  • Any warranty regarding the results that may be obtained from use of the Platform

You assume all risk associated with your use of the Platform. You are solely responsible for maintaining appropriate security measures on your own devices and networks.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ISLOTLY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY:

  • Indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, revenue, data, business, or goodwill
  • Damages arising from unauthorized access to or alteration of your data
  • Damages arising from the conduct or services of any Business Partner
  • Damages arising from your inability to access or use the Platform

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF ISLOTLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL ISLOTLY'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM EXCEED THE GREATER OF (A) THE AMOUNTS YOU HAVE PAID TO ISLOTLY IN THE 12 MONTHS PRIOR TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS (USD $100 / CAD $100).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you to the extent prohibited by law. Nothing in these Terms limits liability for fraud, fraudulent misrepresentation, death, or personal injury caused by negligence.

11. Indemnification

You agree to indemnify, defend, and hold harmless Islotly and its officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

  • Your use of or access to the Platform
  • Your violation of these Terms or any applicable law or regulation
  • Your User Content
  • Your violation of any third-party rights, including intellectual property or privacy rights
  • Any dispute between you and a Business Partner

Islotly reserves the right to assume exclusive control of any matter subject to indemnification at your expense. You shall cooperate with our defense of such claims. You may not settle any claim without our prior written consent.

12. Privacy

Your use of the Platform is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Platform, you consent to the collection, use, and disclosure of your personal information as described in the Privacy Policy.

13. Platform Availability and Modifications

Islotly does not guarantee that the Platform will be available at all times or in all geographic locations. We may modify, suspend, or discontinue any part of the Platform — including features, functionality, or availability in certain regions — at any time without notice or liability.

Scheduled and unscheduled maintenance, technical failures, and events outside our reasonable control (including internet outages and force majeure events) may result in Platform unavailability. Islotly shall not be liable for any loss or damage resulting from such unavailability.

14. Geographic Restrictions

The Platform is operated from the United States. Islotly makes no representation that the Platform or its content is appropriate or available for use in all jurisdictions. If you access the Platform from outside the United States or Canada, you do so at your own initiative and are solely responsible for compliance with any applicable local laws.

15. Governing Law and Dispute Resolution

15.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. For users located in Canada, mandatory consumer protection laws of your province or territory shall apply to the extent required by law and shall not be affected by this choice of law.

15.2 Good Faith Resolution

Before initiating any formal legal proceeding, you agree to contact us at [email protected] and provide a written description of the dispute and your desired resolution. The parties will attempt in good faith to resolve the dispute within 30 days of receipt of such notice.

15.3 Arbitration (US Users)

For users located in the United States, any dispute not resolved through good faith negotiation shall be resolved by binding individual arbitration under the rules of the American Arbitration Association (AAA). YOU WAIVE YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION. Arbitration shall be conducted in English on an individual basis only. Nothing in this section prevents either party from seeking injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm.

15.4 Canadian Users

For users located in Canada, disputes not resolved through good faith negotiation may be submitted to binding arbitration in accordance with the Arbitration Act of the applicable province, or brought before the courts of the province or territory where you reside. Nothing in these Terms limits your right to bring a complaint before applicable provincial consumer protection tribunals or regulatory bodies.

15.5 Limitation Period

Any claim arising out of or relating to these Terms or your use of the Platform must be commenced within one (1) year after the cause of action accrues. Claims not brought within this period are permanently barred, to the extent permitted by applicable law.

16. Digital Millennium Copyright Act (DMCA)

If you believe that content on the Platform infringes your copyright under the DMCA or equivalent Canadian legislation, please send a written notice to [email protected] containing:

  • Identification of the copyrighted work claimed to have been infringed
  • Identification of the material claimed to be infringing, with sufficient information for us to locate it
  • Your contact information (name, address, telephone number, email)
  • A statement that you have a good faith belief that use of the material is not authorized by the copyright owner, its agent, or law
  • A statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on their behalf
  • Your physical or electronic signature

17. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, or if not possible, severed from these Terms. The remaining provisions shall continue in full force and effect.

18. Entire Agreement and Waiver

These Terms, together with the Privacy Policy and Terms of Service, constitute the entire agreement between you and Islotly regarding the subject matter herein and supersede all prior agreements and understandings.

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of Islotly.

19. Contact

If you have any questions about these Terms of Use, please contact us:

Islotly Legal Team

Email: [email protected]

Support: islotly.com/help