Bukavilla Terms of Service
Last Updated: May 11, 2026 Effective Date: May 11, 2026
1. Introduction and Agreement
These Terms of Service ("Terms") constitute a legally binding agreement between you and Bukavilla LLC, a Texas limited liability company ("Bukavilla," "we," "us," or "our"), governing your access to and use of the Bukavilla platform, website (bukavilla.com), mobile applications, and related services (collectively, the "Platform").
PLEASE READ THESE TERMS CAREFULLY. By accessing, browsing, or using the Platform in any way — including by creating an account, listing a villa, or making a booking — you agree to be bound by these Terms. If you do not agree, do not use the Platform.
IMPORTANT NOTICE: These Terms contain a binding arbitration clause and class action waiver in Section 17, which affects your legal rights and remedies. Please review carefully.
2. Definitions
"Account" means a registered user account on the Platform.
"Booking" means a reservation made by a Guest for a Villa through or referenced by the Platform.
"Content" means any information, text, images, photos, descriptions, data, or other material uploaded, imported, or submitted to the Platform.
"Guest" means an individual who uses the Platform to discover, inquire about, or book a Villa.
"Listing" means a published representation of a Villa on the Platform, including all associated Content, pricing, availability, and policies.
"Owner" means an individual or entity that owns, manages, or is authorized to list a Villa and has a registered Account on the Platform for this purpose.
"Services" means the Platform functionality provided by Bukavilla, including but not limited to villa listing hosting, booking inquiry facilitation, calendar synchronization, and owner subscription services.
"Subscription" means a paid monthly subscription to Platform services by an Owner.
"Villa" means a vacation rental property, residence, or lodging unit listed on the Platform.
3. The Platform and Bukavilla's Role
3.1 What Bukavilla Is
Bukavilla is a software platform that enables Villa Owners to market, display, and manage their rental properties and to receive Bookings directly from Guests. Bukavilla provides technology infrastructure, payment-processing facilitation through Stripe Connect (and, where Owners enable them, alternative providers such as DOKU and PayPal), and promotional visibility in exchange for a monthly subscription fee from Owners.
3.2 What Bukavilla Is NOT
The booking contract is between the Owner and the Guest. Bukavilla is not a party to that contract. Specifically, Bukavilla:
- Does not own, manage, lease, or operate any Villa
- Is not the merchant of record for Booking payments — booking funds are charged on, and held by, the Owner's connected Stripe account (or other Owner-configured payment provider), never on Bukavilla's account
- Does not hold Booking funds in escrow or as an intermediary, even briefly
- Does not guarantee the availability, quality, legality, or safety of any Villa
- Does not arbitrate disputes between Owners and Guests
- Is not responsible for the performance of any Owner's obligations to any Guest
- Is not a real estate broker, travel agent, hospitality operator, money transmitter, or payment processor
- Does not handle payouts, withholding, or tax reporting on Owners' behalf
For clarity: the prior sentence does not apply to Owner subscription fees, which Bukavilla does collect directly from Owners. See Section 10.
3.3 How Booking Payments Work
Booking payments are facilitated through Stripe Connect (or, where the Owner has elected to enable an alternative, through DOKU, PayPal, or direct payment instructions the Owner has published on the Listing). Specifically:
- Stripe Connect is configured in Direct Charges mode. When a Guest pays for a Booking, the charge is created on the Owner's connected Stripe account. Stripe is the payment processor. The Owner is the merchant of record for the underlying transaction with the Guest.
- Bukavilla operates the checkout interface and orchestrates the Stripe API call on the Owner's behalf, but the funds flow from the Guest to the Owner's connected account without passing through Bukavilla.
- Stripe's processing fees, chargeback liabilities, and reserve requirements are borne by the Owner's connected account.
- Bukavilla does not set Booking prices, Booking terms, or refund amounts. Those are set by the Owner.
3.4 Direct Owner-Guest Relationship
All booking arrangements, property access, check-in, stay-related matters, and post-stay disputes are between the Owner and the Guest. Bukavilla provides the platform technology and the payment-processing rails, but is not a party to the underlying booking contract or its performance.
4. Eligibility and Account Registration
4.1 Age Requirements
You must be at least 18 years old to use the Platform in any capacity, whether as an Owner or Guest. By using the Platform, you represent that you meet this age requirement.
4.2 Account Registration
To list a Villa or receive inquiries, you must register an Account and provide accurate, complete, and current information. You are responsible for:
- Maintaining the confidentiality of your Account credentials
- All activity occurring under your Account
- Promptly notifying Bukavilla of any unauthorized access
4.3 Account Verification
Bukavilla may require identity verification, contact verification, or ownership verification at any time. Failure to complete requested verification may result in Account suspension or termination.
4.4 One Account Per Legal Entity
A given legal entity (an individual, LLC, PT, GmbH, or other registered legal person) may maintain only one Owner Account, unless expressly authorized in writing by Bukavilla. An individual who genuinely operates multiple villa-holding entities (for example, a separate LLC or PT per property) may register one Owner Account per such entity, provided each Account is registered in the legal name of its own entity and submits its own Stripe Connect (or other) onboarding for that entity.
5. Owner Obligations
5.1 Ownership and Authorization
By listing a Villa on the Platform, you represent and warrant that:
- You are the legal owner of the Villa, OR you have explicit, documented authorization from the owner to list, market, and accept bookings for the Villa
- You have the legal right to rent the Villa for short-term stays in the jurisdiction where it is located
- You have obtained all necessary licenses, permits, tax registrations, and regulatory approvals required to operate a short-term rental in your jurisdiction
- Your listing activity does not violate any homeowner association rules, zoning laws, lease agreements, or other applicable restrictions
5.2 Accuracy of Listing Information
You agree to provide accurate, truthful, and non-misleading information about your Villa, including:
- Physical location and address
- Accurate description of amenities, bedrooms, bathrooms, and maximum occupancy
- Honest photographs that represent the current condition of the Villa
- Accurate pricing, fees, taxes, and availability
- Clear and prominent display of your cancellation policy, house rules, and any booking restrictions
5.3 Cancellation Policy and Refunds
Each Listing must include a clearly stated cancellation policy visible to Guests before booking. The cancellation policy applied to each Booking is snapshotted at the time of Booking; subsequent policy changes do not retroactively bind the Guest or release the Owner.
By listing on the Platform, you agree to:
- Honor the cancellation policy in effect at the time of each Booking
- Approve refund requests at least at the level entitled by the policy snapshot
- Not retroactively modify your cancellation policy for existing bookings
Refund decisions and refund execution. Because Booking funds reside on your connected Stripe account (or other Owner-configured payment provider), you alone bear merchant-of-record responsibility for the underlying transaction. Refund decisions — whether to refund the policy-entitled amount, more as goodwill, or to deny — are yours to make. Bukavilla provides tooling to initiate refunds against your Stripe account on your approval (and syncs refunds you initiate directly in the Stripe dashboard), but Bukavilla does not hold Booking funds and cannot unilaterally push refunds without your authorization or a chargeback ruling from Stripe.
Failure to honor a published cancellation policy constitutes a breach of these Terms and may result in:
- Public flagging of the Listing as having unresolved disputes
- Listing suspension
- Account termination for systematic violations
- Removal from search and promotional features
Guests whose Owner fails to honor a stated policy may seek recourse through Stripe (chargeback) or their card issuer, in addition to the remedies in Section 6.3.
5.4 Content Imported from Third-Party Platforms
If you import Listing content from Airbnb, VRBO, or any other third-party platform, you represent and warrant that:
- You own or have rights to all imported photographs, descriptions, and other Content
- You are authorized to display such Content on the Platform
- The import does not violate any terms of service, copyright, or other rights of the source platform or third parties
- You accept full responsibility for any infringement claims arising from imported Content
Bukavilla provides import tools as a convenience. You bear sole responsibility for ensuring you have the legal right to use any imported Content on the Platform.
5.5 Timely Communication
Owners are expected to respond to Guest inquiries and booking requests within a reasonable timeframe (typically 24 hours). Systematic unresponsiveness may result in reduced Listing visibility or Account suspension.
5.6 Subscription Payment
Owners agree to pay the monthly Subscription fee as published on the Platform's pricing page. Failure to pay may result in immediate Listing suspension. Subscription fees are non-refundable except where required by law.
5.7 Compliance with Law
Owners are solely responsible for complying with all applicable laws, regulations, and tax obligations in their jurisdiction, including but not limited to:
- Income tax reporting and payment
- Tourist taxes and occupancy taxes
- Short-term rental permits and licenses
- Health and safety regulations
- Fire codes and occupancy limits
- Anti-discrimination laws
Bukavilla does not provide tax advice, legal advice, or regulatory guidance. Consult appropriate professionals in your jurisdiction.
5.8 Stripe Connect and Payment Processor Obligations
Booking payments are facilitated by Stripe through a Connect connected account in your name. By accepting these Terms and onboarding to Stripe Connect through the Platform, you agree that:
- You will accept and remain bound by Stripe's Connected Account Agreement and Stripe Services Agreement (each a "Stripe Agreement"), available at https://stripe.com/connect-account/legal and https://stripe.com/legal, as those agreements are updated from time to time. Stripe's Agreements govern the payment-processing relationship between you and Stripe; Bukavilla is not a party to that relationship.
- You will provide accurate identity, business, banking, and beneficial-ownership information requested by Stripe for KYC, AML, and sanctions screening, and will keep that information current. Failure to complete or maintain Stripe verification may result in your Stripe account being limited or terminated by Stripe, which may in turn result in suspension of your Listing on the Platform.
- You acknowledge that Stripe — not Bukavilla — is the payment processor for Booking payments and that Stripe sets fees, payout schedules, reserve requirements, dispute-handling rules, and supported payment methods on your connected account.
- You authorize Bukavilla, as the connecting platform, to (a) create checkout sessions and payment intents on your connected Stripe account in connection with Bookings on your Listings, and (b) initiate refunds on your connected Stripe account on your approval through the Platform's refund tooling.
- If your Stripe account is suspended, restricted, or terminated by Stripe — or if you revoke Bukavilla's Connect access — Bukavilla may suspend or hide your Listing until payment processing is restored.
Owners who have enabled alternative payment providers (such as DOKU, PayPal, or direct bank-transfer instructions) accept analogous obligations under those providers' own terms and acknowledge that Bukavilla is similarly not a party to the Owner-provider relationship.
6. Guest Obligations
6.1 Good Faith Engagement
Guests agree to engage with Owners in good faith, provide accurate information when inquiring or booking, and abide by the stated terms of each Listing including cancellation policies, house rules, and occupancy limits.
6.2 How Guests Pay for Bookings
Guests acknowledge that payment for any Booking is processed by the Owner's chosen payment processor — typically Stripe, acting as processor on the Owner's connected Stripe account, or alternatively DOKU, PayPal, or direct payment instructions the Owner has published. Bukavilla operates the checkout user experience but is not the merchant of record and does not hold Booking funds. The Guest's contractual counterparty for the Booking is the Owner, not Bukavilla.
6.3 Dispute Process with Owner
Guests agree to first address any Booking-related dispute directly with the Owner. If the Owner fails to honor their stated cancellation policy or other published terms, Guests may:
- Report the dispute to Bukavilla via disputes@bukavilla.com
- Pursue remedies through their payment provider (Stripe, credit card issuer)
- Leave a factual review describing the experience
- Pursue legal remedies as permitted by law
Bukavilla may, at its discretion, intervene to suspend or flag Listings with patterns of violations, but is not obligated to arbitrate individual disputes.
7. Content and Intellectual Property
7.1 Owner Grants License to Bukavilla
By uploading, importing, or otherwise making Content available on the Platform, you grant Bukavilla a worldwide, non-exclusive, royalty-free license to:
- Display, reproduce, and distribute the Content on bukavilla.com, its subdomains, and Bukavilla's mobile applications
- Modify the Content as necessary for Platform display (cropping, resizing, format conversion)
- Use the Content for search indexing and Platform functionality
- Promote the Platform and Listings via Bukavilla's owned channels, including the Bukavilla website, email newsletters to Bukavilla users, and Bukavilla-operated social media accounts
This license continues until the Listing is deleted, plus a reasonable period (up to 30 days) for content removal from active systems, plus up to 12 months for retention in backups per Section 12.
7.2 Your Content, Your Rights
Except for the license granted to Bukavilla, you retain all intellectual property rights in your Content.
7.3 Property Sale and Ownership Transfer
In the event that you sell, transfer, or assign ownership of a Villa to a new owner, you may transfer your Listing (including all associated Content, Bookings, and subscription status) to the new owner's Account, subject to the following:
- You provide written consent to the transfer through the Platform's transfer mechanism
- The new owner agrees to these Terms and assumes all Owner obligations
- All pending Bookings are honored by the new owner in accordance with their existing terms (unless agreed otherwise with each Guest)
- Any subscription period is transferred to the new owner without refund for time used
- Bukavilla may require verification of the property transfer (e.g., sale documentation)
Bookings made prior to the ownership transfer remain valid and must be honored by the new owner. Guests are not required to re-book or pay additional fees due to an ownership change.
7.4 Guest Rights
Guests are granted a limited, non-transferable, non-sublicensable license to view Platform content for personal, non-commercial purposes only. Guests may not:
- Download, copy, or redistribute Content from the Platform
- Scrape or harvest data from the Platform
- Use Platform content for any commercial purpose without authorization
7.5 Bukavilla's Intellectual Property
The Platform itself — including the Bukavilla name, logo, software, design, user interfaces, and branding — is the exclusive property of Bukavilla LLC. You are granted only a limited license to use the Platform as described in these Terms.
7.6 Feedback
If you submit suggestions, improvements, or feedback about the Platform, you grant Bukavilla an irrevocable, perpetual, royalty-free license to use that feedback without obligation to you.
8. Prohibited Uses
You may not use the Platform to:
- Post fraudulent, misleading, or deceptive Listings
- List a Villa you do not own or are not authorized to represent
- Import or upload Content you do not have rights to use
- Discriminate against Guests or other users on the basis of race, color, religion, national origin, sex, gender identity, sexual orientation, disability, or any legally protected characteristic
- Engage in harassment, threats, or abusive conduct
- Circumvent the Platform's payment structure (e.g., direct Guests off-platform to avoid Subscription fees)
- Scrape, crawl, or systematically harvest Platform data without written permission
- Reverse engineer, decompile, or attempt to extract Platform source code
- Transmit malware, viruses, or malicious code
- Impersonate another person or entity
- Create multiple Accounts to evade Platform rules
- Use the Platform for any illegal purpose
- Violate the rights of any third party, including intellectual property and privacy rights
Violation of this section may result in immediate termination and referral to law enforcement where appropriate.
9. DMCA / Copyright Takedown Policy
Bukavilla respects intellectual property rights and complies with the Digital Millennium Copyright Act (DMCA) of 1998.
9.1 Filing a Takedown Notice
If you believe Content on the Platform infringes your copyright, send a written notice to our DMCA Agent at dmca@bukavilla.com containing:
- Your physical or electronic signature
- Identification of the copyrighted work allegedly infringed
- Identification of the material you claim is infringing, with URL or sufficient detail to locate it
- Your contact information (address, phone, email)
- A statement that you have a good-faith belief the use is not authorized
- A statement, under penalty of perjury, that the information is accurate and you are authorized to act for the copyright owner
9.2 Our Response
Upon receipt of a valid DMCA notice, Bukavilla will:
- Acknowledge receipt within 48 hours
- Remove or disable access to the allegedly infringing Content within 72 hours
- Notify the Owner whose Content was removed
9.3 Counter-Notice
If you believe your Content was removed in error, you may submit a counter-notice to dmca@bukavilla.com containing:
- Your signature
- Identification of the removed Content and its previous location
- A statement, under penalty of perjury, that you have a good-faith belief the Content was removed due to mistake or misidentification
- Your contact information and consent to jurisdiction of the United States District Court for the Northern District of Texas, Dallas Division
Upon valid counter-notice, Bukavilla will notify the original complainant. If no legal action is filed within 10-14 business days, we may restore the Content.
9.4 Repeat Infringers
Bukavilla maintains a repeat infringer policy and reserves the right to terminate Accounts in appropriate circumstances. Appropriate circumstances generally include, but are not limited to, multiple substantiated infringement claims against the same Account, taking into account the nature of the alleged infringement, the Account's history, and the response to prior takedown notices.
9.5 Misrepresentation
Knowingly submitting false DMCA notices or counter-notices may result in legal liability under 17 U.S.C. § 512(f).
10. Owner Subscription Terms and Fees
This Section 10 governs monthly Subscription fees that Owners pay to Bukavilla for access to the Platform. It does not govern Booking payments from Guests, which are processed on the Owner's connected Stripe account (or other Owner-configured provider) per Sections 3.3, 5.3, and 5.8. Bukavilla is the merchant of record for Subscription fees only.
10.1 Pricing
Owner Subscription pricing is published on the Platform's pricing page and may be updated from time to time. Current subscribers will be notified of price changes at least 30 days before the change takes effect.
10.2 Billing
Subscriptions are billed monthly in advance via the Owner's registered payment method. Billing occurs on the same calendar day each month.
10.3 Failed Payments
If a Subscription payment fails, Bukavilla will attempt to re-charge the payment method. If payment remains unsuccessful:
- After 3 days: Listing visibility reduced
- After 7 days: Listing suspended (hidden from search)
- After 30 days: Account subject to termination and content removal per Section 12
10.4 No Refunds
Subscription fees are non-refundable for partial months, unused time, or periods of Listing suspension for cause. Refunds may be granted at Bukavilla's sole discretion for clear billing errors.
10.5 Taxes
Subscription prices exclude applicable taxes, which are added at checkout where required. Owners are responsible for all taxes related to their own income from Bookings.
10.6 Promotional Pricing
Bukavilla may offer introductory or promotional pricing. Such pricing is limited to the specified period, after which standard pricing applies.
11. Account Termination
11.1 By You
You may cancel your Subscription at any time through your Account settings. Cancellation takes effect at the end of the current billing period. Your Listing remains visible until the period ends, after which:
- The Listing is removed from public view
- Your Account remains accessible in read-only mode for 30 days
- After 30 days, Content is removed per Section 12
11.2 By Bukavilla
Bukavilla may suspend or terminate your Account with or without notice if:
- You violate these Terms
- Your Account is associated with fraudulent or illegal activity
- You submit false information
- You fail to pay Subscription fees
- You receive multiple valid DMCA notices
- Legal or regulatory reasons require termination
11.3 Effect of Termination
Upon termination:
- Your access to the Platform is revoked
- Your Listings are removed
- Content is subject to deletion per Section 12
- Pending Bookings remain honored until completion (you remain obligated to Guests with confirmed Bookings)
- Outstanding Subscription fees remain due
- Sections that by their nature should survive (e.g., indemnification, limitation of liability, dispute resolution) continue to apply
12. Data Retention and Privacy
12.1 Retention Schedule
Bukavilla retains data per the following schedule:
- Active Account data: Retained indefinitely while Account is active
- Personal information after Account deletion: Deleted within 30 days
- Listing Content after deletion: Removed within 7 days from public view; fully purged from storage within 30 days
- Booking records: Retained for 7 years for tax and legal compliance
- Financial records: Retained for 7 years (applicable tax jurisdictions)
- Communication records: Retained for 2 years after Booking completion or dispute resolution
- Server access logs: Retained for 90 days
- Error and security logs: Retained for 180 days
- Database backups: Daily rolling backups retained 30 days; monthly archives retained 12 months
12.2 Privacy Policy
Processing of personal information is governed by our Privacy Policy, available at bukavilla.com/privacy, which is incorporated by reference into these Terms.
12.3 Data Rights
Depending on your jurisdiction, you may have rights to access, correct, delete, or export your personal data. See the Privacy Policy for details.
13. Disclaimers
13.1 "AS IS" Service
THE PLATFORM AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR UNINTERRUPTED OPERATION.
13.2 No Warranty Regarding Listings or Bookings
Bukavilla does not warrant or guarantee:
- The accuracy, completeness, or reliability of any Listing or Content
- The quality, safety, or legality of any Villa
- The suitability of any Villa for any particular purpose
- That any Guest or Owner is who they claim to be
- That any Booking will be successfully completed
- That the Platform will be free of bugs, errors, or interruptions
13.3 Third-Party Services
The Platform may integrate with third-party services (Stripe, Google Maps, email providers, etc.). Bukavilla is not responsible for the availability, accuracy, or functionality of these third-party services.
13.4 Villa Quality
Bukavilla does not inspect, rate, or certify Villas. All quality assessments are based on Owner-provided information and Guest reviews. Guests are solely responsible for evaluating Villa suitability before booking.
14. Limitation of Liability
14.1 Liability Cap
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BUKAVILLA'S TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE PLATFORM, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF:
(a) THE AMOUNT YOU PAID TO BUKAVILLA IN THE 12 MONTHS PRECEDING THE CLAIM; OR
(b) ONE HUNDRED U.S. DOLLARS ($100.00)
14.2 Excluded Damages
IN NO EVENT SHALL BUKAVILLA BE LIABLE FOR:
- INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
- LOSS OF PROFITS, REVENUE, BUSINESS OPPORTUNITIES, OR GOODWILL
- LOSS OF DATA
- DAMAGES ARISING FROM BOOKING DISPUTES, VILLA CONDITIONS, OR OWNER/GUEST CONDUCT
- DAMAGES ARISING FROM THIRD-PARTY SERVICES OR CONTENT
14.3 Exceptions
Some jurisdictions do not allow the exclusion of certain warranties or limitations on liability. To the extent such exclusions are prohibited by applicable law, the above limitations may not apply to you.
15. Indemnification
You agree to defend, indemnify, and hold harmless Bukavilla, its officers, members, employees, agents, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:
- Your use of the Platform
- Your Listings or Content (including imported Content)
- Your Bookings, Villa operations, or interactions with Guests
- Your violation of these Terms
- Your violation of applicable law
- Your infringement of third-party rights
This indemnification obligation survives termination of your Account and these Terms.
16. Modifications to the Terms
Bukavilla may modify these Terms at any time. Material changes will be communicated via:
- Email to the address registered with your Account
- Prominent notice on the Platform
- Updated "Last Updated" date at the top of this document
Continued use of the Platform after modifications constitutes acceptance. If you do not agree to modified Terms, you must stop using the Platform and may terminate your Account.
Non-material changes (typos, formatting, clarifications that do not affect your rights) may be made without notice.
17. Dispute Resolution
17.1 Informal Resolution First
Before filing any formal claim, you agree to first attempt to resolve the dispute informally by contacting Bukavilla at legal@bukavilla.com. You and Bukavilla agree to negotiate in good faith for at least 30 days before initiating formal proceedings.
17.2 Binding Arbitration for Claims Over $10,000
For claims exceeding $10,000 USD, any dispute, controversy, or claim arising out of or relating to these Terms or the Platform shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.
- Arbitration shall be conducted in Dallas County, Texas, or by video conference at the arbitrator's discretion
- Texas law governs
- The arbitrator's decision is final and binding
- Judgment on the arbitration award may be entered in any court of competent jurisdiction
17.3 Small Claims Exception
For claims of $10,000 USD or less, either party may choose to pursue the claim in small claims court in Dallas County, Texas, in lieu of arbitration.
17.4 Class Action Waiver
YOU AND BUKAVILLA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
You waive the right to participate in any class action, consolidated proceeding, or representative action related to these Terms or the Platform.
17.5 Injunctive Relief Carveout
Notwithstanding the arbitration requirement, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to:
- Protect intellectual property rights
- Prevent account abuse, fraud, or security breaches
- Enforce the terms of these agreements pending arbitration
17.6 Governing Law
These Terms are governed by the laws of the State of Texas, without regard to conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply. The Federal Arbitration Act governs the interpretation and enforcement of Section 17.2.
17.7 Arbitration Opt-Out
You may opt out of the arbitration agreement in Section 17.2 and the class-action waiver in Section 17.4 by sending written notice to legal@bukavilla.com within 30 days of the date you first accept these Terms (or, for Owners, within 30 days of activating an Owner Account). Your notice must include your name, the email address registered with your Account, and a clear statement that you wish to opt out of arbitration. Opting out will not adversely affect any other aspect of your relationship with Bukavilla. If you opt out, Sections 17.2 and 17.4 will not apply to you, and disputes will be resolved in the state or federal courts located in Dallas County, Texas, subject to Section 17.6.
17.8 International Consumer Rights
Nothing in these Terms is intended to limit, and these Terms shall be interpreted not to limit, any non-waivable statutory consumer rights you may have under the law of your country of residence. In particular, and without limitation:
- European Union and United Kingdom consumers retain non-waivable rights under EU and UK consumer-protection law (including, where applicable, the Consumer Rights Directive, the Unfair Contract Terms Directive, and applicable national implementations) that may override provisions of these Terms regardless of the governing-law clause in Section 17.6.
- Australian consumers retain non-excludable rights under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010), including consumer guarantees that may not be contracted out of.
- Indonesian consumers retain non-waivable rights under Law No. 8 of 1999 on Consumer Protection (Undang-Undang Perlindungan Konsumen) and related implementing regulations.
- Consumers in other jurisdictions with mandatory consumer-protection regimes may have additional non-waivable rights.
Where a provision of these Terms is rendered unenforceable as to a specific user under such mandatory law, the remainder of these Terms shall continue to apply to that user under Section 18.2.
18. Miscellaneous
18.1 Entire Agreement
These Terms, together with the Privacy Policy and any documents incorporated by reference, constitute the entire agreement between you and Bukavilla regarding the Platform.
18.2 Severability
If any provision of these Terms is found unenforceable, the remaining provisions continue in full force. The unenforceable provision shall be modified to the minimum extent necessary to make it enforceable.
18.3 No Waiver
Bukavilla's failure to enforce any provision is not a waiver of that provision or any other.
18.4 Assignment
You may not assign your rights or obligations under these Terms without Bukavilla's prior written consent. Bukavilla may assign these Terms freely, including to an acquirer of Bukavilla's business or assets.
18.5 Force Majeure
Neither party is liable for delays or failures caused by circumstances beyond reasonable control, including natural disasters, war, terrorism, pandemics, governmental actions, or internet/infrastructure failures.
18.6 Notices
Notices to Bukavilla must be sent to legal@bukavilla.com. Notices to you will be sent to the email address registered with your Account.
18.7 No Partnership
Nothing in these Terms creates a partnership, agency, joint venture, or employment relationship between you and Bukavilla.
18.8 Language
These Terms are provided in English. Any translation is for convenience only. In case of conflict, the English version controls.
18.9 Contact
For questions about these Terms, contact:
Bukavilla LLC 8321 Foothill Dr. Plano, TX 75024 USA
- Email: legal@bukavilla.com
- General: hello@bukavilla.com
- DMCA: dmca@bukavilla.com
- Disputes: disputes@bukavilla.com
Acknowledgment
BY USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.
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