Terms of Service
The terms governing your use of Pro Build Digital and Cottages Concierge.
These Terms of Service ("Terms") govern your access to and use of the website at probuilddigital.com and the services provided by Probuild Digital LLC ("Probuild Digital," "we," "us," or "our"), including the Cottages Concierge product line.
By accessing or using our services, you agree to be bound by these Terms. If you do not agree, do not use our services.
1. About Us
Probuild Digital LLC is a Limited Liability Company organized under the laws of the State of Ohio. Probuild Digital operates Cottages Concierge, an AI-powered guest concierge service for short-term rental property owners, along with related digital services.
For questions about these Terms, contact us at Zack.Pearson@probuilddigital.com.
2. Eligibility and Account Registration
To use our services, you must be at least 18 years old and able to enter into a legally binding contract. If you are using our services on behalf of a business entity, you represent that you have authority to bind that entity to these Terms.
You agree to provide accurate and complete information when registering for an account, and to keep your account information current. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.
3. Description of Services
Probuild Digital provides digital services including:
- Cottages Concierge: An AI-powered chat widget for short-term rental properties that responds to guest questions, captures booking-intent leads, and supports property owners through a host dashboard.
- Related professional services including website development, integrations, and account onboarding.
Service availability, features, and functionality may change over time. Specific service descriptions and pricing are provided at sign-up or in service-specific agreements.
4. SMS Communications
This section describes the terms governing SMS messages sent through our services. By opting in to SMS notifications, you agree to the following:
Consent: You expressly consent to receive SMS notifications from Probuild Digital LLC at the mobile number you provide. Consent is not a condition of purchase. SMS notifications are opt-in only and are disabled by default.
Use case: SMS messages are transactional notifications about activity at your property, including but not limited to new booking inquiries, intent upgrades on existing leads, and current-guest signups. We do not send marketing or promotional content under this program.
Message frequency: Frequency varies based on activity at your property. Typical volume is approximately 5–15 messages per month per property.
Message and data rates: Message and data rates may apply, as determined by your mobile carrier. You are responsible for any such charges.
Opt-out: You can stop receiving SMS messages at any time by:
- Disabling SMS notifications in your account preferences, or
- Replying STOP, CANCEL, UNSUBSCRIBE, QUIT, or END to any message
Upon opting out, you will receive one confirmation message and no further messages from the program. You may re-enable SMS notifications at any time via your account preferences.
Help: Reply HELP to any message for support information, or contact us at Zack.Pearson@probuilddigital.com.
No reliance on SMS for emergencies: SMS notifications are not guaranteed to be delivered in real time and should not be relied on for time-critical or emergency communications. Delivery may be affected by carrier networks, device availability, or other factors outside our control.
Number changes: You agree to notify us promptly if your mobile number changes. If we send messages to a number you no longer use, you remain responsible for any charges incurred until you update your number with us.
5. Acceptable Use
You agree not to:
- Use our services for any unlawful purpose or in violation of any applicable law or regulation
- Send unsolicited messages or content through our services
- Attempt to gain unauthorized access to our systems, accounts, or data
- Interfere with or disrupt the integrity or performance of our services
- Reverse engineer, decompile, or otherwise attempt to extract source code from our services
- Use our services to harass, harm, or violate the rights of others
- Misrepresent your identity or affiliation
We may suspend or terminate your access for violation of these terms or for any other reason at our discretion.
6. Intellectual Property
Probuild Digital and its licensors retain all rights, title, and interest in and to the services, including all software, content, designs, and trademarks. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable license to use our services for their intended purpose.
You retain ownership of content you provide to us (such as property information, house rules, and other inputs). You grant us a non-exclusive, worldwide, royalty-free license to use that content as necessary to operate the services for you.
7. Fees and Payment
Paid services are billed according to the pricing in effect when you sign up. Fees are due according to the billing terms presented at sign-up (monthly subscription, one-time setup fees, etc.).
You authorize us to charge your designated payment method for all fees owed. Failure to pay may result in suspension of services. Refunds are provided at our discretion in accordance with our refund policy, if any.
We may change our pricing with prior notice. Continued use of paid services after a price change constitutes acceptance of the new pricing.
8. Termination
You may terminate your account at any time by contacting us or using the account closure option in your dashboard, if available.
We may suspend or terminate your access immediately if you breach these Terms, engage in fraudulent or harmful conduct, or for other reasons at our discretion. Upon termination, your right to use the services ends, but Sections that by their nature should survive termination (including intellectual property, limitation of liability, and dispute resolution) will continue to apply.
9. Disclaimers
OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
WE DO NOT WARRANT THAT INFORMATION PROVIDED THROUGH THE SERVICES (INCLUDING AI-GENERATED RESPONSES) IS ACCURATE, COMPLETE, OR UP TO DATE. YOU ARE RESPONSIBLE FOR REVIEWING AND VERIFYING ANY INFORMATION BEFORE RELYING ON IT.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROBUILD DIGITAL AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).
Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not fully apply to you.
11. Indemnification
You agree to indemnify and hold harmless Probuild Digital and its affiliates from any claims, damages, liabilities, costs, or expenses (including reasonable attorneys' fees) arising out of your use of the services, your violation of these Terms, or your violation of any rights of another party.
12. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Ohio, without regard to its conflict-of-law principles. Any dispute arising out of or relating to these Terms or the services will be resolved in the state or federal courts located in Ashtabula County, Ohio, and you consent to the personal jurisdiction of such courts.
13. Changes to These Terms
We may update these Terms from time to time. We will post the updated Terms on this page with a revised "Last Updated" date. Material changes will be communicated through our services or by email when appropriate. Your continued use of the services after the effective date of any update constitutes acceptance of the updated Terms.
14. Miscellaneous
Entire agreement: These Terms, together with any service-specific agreements or order forms, constitute the entire agreement between you and Probuild Digital regarding our services.
Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
No waiver: Our failure to enforce any right or provision of these Terms will not be deemed a waiver of that right or provision.
Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
15. Contact Us
For questions about these Terms, contact us at:
Probuild Digital LLC
Saybrook, Ohio
Email: Zack.Pearson@probuilddigital.com