Terms of Service
Terms of Service
Terms of Service
Effective Date: May 15, 2026
These Terms of Service (“Terms”) govern the subscription to and use of services provided by Pancake Services LLC, a Texas limited liability company doing business as “Pancake” (“Pancake,” “we,” “us,” or “our”).
By purchasing, subscribing to, or using Pancake’s services, you (“Customer,” “you,” or “your”) agree to these Terms.
0. Definitions
Customer means the person or entity purchasing the Services, including a property owner, host, co-host, property manager, or authorized representative responsible for the Listing(s).
Listing means a single, unique digital entry on a Short-Term Rental platform (e.g., Airbnb, VRBO, or Booking.com) with its own distinct URL and availability calendar. Pancake currently specializes in the Airbnb platform, but may support additional platforms at its sole discretion. For billing purposes, each unique platform presence or unique availability calendar constitutes an individual Listing. If a physical property is cross-listed on multiple platforms, or if a property is offered via multiple configurations (e.g., "whole-home" vs. "individual-room" listings), each unique digital entry and calendar requires independent management and will be billed as a separate Listing.
Platforms means Airbnb and any other booking, messaging, or operational platforms connected to a Listing, as agreed in writing.
Pancake Team (or "Pancake") means the remote personnel and systems provided by Pancake to deliver the Services.
Local Service Team (or "Local Team" or "Local Contacts" or "Service Providers" or "Vendors") means third-party vendors, cleaners, cleaning crews, maintenance personnel, designated local contacts (as required by local ordinance), neighbors, or other local contractors engaged by the Customer to provide on-site services for a Listing.
Services (or “Hospitality Operations”) means the remote guest care and communication, operational coordination, and reputation protection, provided by Pancake, including but not limited to guest messaging, turnover coordination, vendor coordination, and reputation protection, as described in Section 1.
Instant Care Resolution (or "Instant Care" or "Instant Resolution") means Pancake’s operational protocol to initiate an administrative response and begin coordination of a guest or property need immediately upon notification. This refers to the initiation of the coordination process and does not guarantee a specific physical arrival time of third-party Service Providers or a specific duration for the physical resolution of property issues.
1. Services
Pancake provides Hospitality Operations, which may include:
Guest messaging and communication from booking through checkout
Reputation protection, including drafting and publishing guest reviews and review responses
Turnover coordination
Vendor and maintenance coordination
Real-time issue response and remote operational guest support
Remote Only. Pancake operates remotely and does not provide on-site physical services, including but not limited to cleaning, maintenance, inspections, or in-person guest support.
No Property Management. Pancake provides Hospitality Operations and coordination services only. Pancake does not act as a property manager, broker, fiduciary, revenue manager, legal representative, or owner.
Pancake does not guarantee any occupancy, revenue, ratings, guest behavior, vendor performance, or listing outcomes.
Execution of Service. Pancake provides Instant Care Resolution by initiating communication and coordination protocols immediately upon receipt of a guest or property notification. Pancake uses commercially reasonable efforts to ensure a rapid response to all inquiries.
However, Customer acknowledges that Pancake does not guarantee a specific response time or a specific physical resolution time, as final outcomes are subject to third-party Service Provider availability, operational volume, and Platform (e.g., Airbnb) connectivity. While Pancake provides continuous guest-facing communication, host-facing communication may be handled within reasonable operating intervals and is not guaranteed to be real-time or immediate.
Host Control and Approvals. Customer retains full ownership and control of the Listing, including pricing, calendar settings, refunds, and major property decisions, subject to the limited operational authorizations granted in Section 5.
Pancake will coordinate day-to-day operations and guest communication but will seek Customer approval for material decisions involving financial impact, policy changes, or exceptions to established house rules, unless otherwise authorized under Section 5 or required to address a time-sensitive guest or safety issue.
Third-Party Vendor Coordination. Pancake acts solely as a remote coordinator between the Customer and the Local Service Team (e.g., cleaning crews, maintenance, local contractors). Pancake is not an employer, partner, or agent of the Local Service Team. Pancake is not liable for any damages, delays, or failures in performance by the Local Service Team, including but not limited to missed turnovers, property damage, or theft.
In the event that no member of the Local Service Team is available or responsive, the Customer agrees to act as the primary Local Service Team member and assumes ultimate responsibility for the physical resolution of the issue.
2. Billing, Subscription, Cancellation, and Refunds
Billing and Subscription
Pancake operates as a recurring monthly subscription.
Billing begins immediately upon signup. The first charge occurs at the time of purchase, and charges recur automatically every 30 days unless canceled.
Customer authorizes Pancake to charge the payment method on file on a recurring basis until the subscription is canceled.
Service Activation
Services begin immediately upon signup, including onboarding, account setup, and preparation for Hospitality Operations.
Customer acknowledges that full delivery of Services requires granting Listing access (including co-host status or equivalent permissions) and any required integrations.
Billing begins at signup regardless of when Listing access is granted.
Failure by Customer to provide timely required Listing access, integrations, or permissions does not relieve Customer of payment obligations and does not create eligibility for a refund.
Cancellation
Customer may cancel the subscription at any time prior to the next billing cycle to prevent renewal.
Cancellation becomes effective at the end of the current billing cycle.
Customer will retain access to Services through the remainder of the paid billing period.
Refunds
All payments are non-refundable.
No prorated refunds will be provided for any partial billing periods or unused Services.
Pause of Services
Customer may request to pause active Services at any time by providing written notice.
Unless otherwise agreed in writing:
Subscription billing will continue during any temporary Service pause
Pancake will not monitor or manage guest messaging, reviews, turnovers, or operational coordination during the paused period
Customer remains solely responsible for all Listing activity and guest communication during the paused period
If Customer intends to stop billing entirely, such request will be treated as a cancellation effective at the end of the current billing cycle.
Resumption of Services after cancellation may be subject to then-current pricing, availability, and onboarding requirements.
Payment Failure
If payment fails, is reversed, or is disputed such that funds are not received, Pancake may suspend Services immediately until the issue is resolved.
Pricing Changes
Pancake reserves the right to modify subscription pricing at any time upon reasonable notice to Customer.
Any pricing changes will apply beginning with the next billing cycle following notice.
Continued use of Services after a pricing change becomes effective constitutes acceptance of the updated pricing.
3. Listing Access, Integrations, and Platform Scope
Platform Scope
Pancake provides Services primarily for Airbnb bookings unless otherwise confirmed in writing.
Pancake is not responsible for communication or coordination related to bookings originating outside the agreed Platform scope.
Required Access & Future Systems
Customer agrees to provide necessary permissions, integrations, and system access required for Service delivery.
If a Listing utilizes a smart lock or similar access system, Customer agrees to provide Pancake with appropriate access credentials necessary for Service delivery.
Pancake may require Customers to connect Listings to Pancake’s designated systems, software, or integrations in order to continue providing Services efficiently and consistently. Failure to provide required access within a reasonable timeframe may result in suspension.
Channel Adjustments
Pancake may use professional management software to synchronize listings across platforms. To account for mandatory platform-mandated fee shifts (such as Airbnb’s Simplified Pricing), a standard Channel Markup will be applied to your listings. This is designed to protect your take-home payout and is not considered a modification of your base nightly rate.
Co-Host Acceptance Timing
Pancake may require a reasonable period to accept access invitations. A delay of up to 24 hours does not constitute breach.
4. Smart Lock Access (If Provided)
If Customer provides smart lock access:
Pancake may use access solely for Services.
Customer retains full responsibility for property security and lock configuration.
Pancake is not liable for unauthorized entry, credential misuse, theft, or third-party actions.
Customer is responsible for code management, credential rotation, and system security.
Providing smart lock access is optional.
5. Instant Care Resolution & Operational Authorization
Customer grants Pancake limited authorization to resolve guest and property needs in real-time. This includes the authority to perform necessary operational adjustments (such as temporary calendar blocks, status updates, or incident-based pricing adjustments) and approve expenses within the limits below:
Spend Limits
Pancake may approve the following expenses without prior written approval when reasonably necessary to resolve guest needs or property issues:
Hospitality Limit: Up to $50 per incident for missing amenities, replacement essentials, guest hospitality gifts, or incident-based pricing adjustments.
Emergency Limit: Up to $300 per incident to resolve guest lockouts, address urgent safety issues, prevent imminent property damage, protect guest welfare, or dispatch backup turnover services.
Immediate Authorization
Customer authorizes Pancake to immediately process adjustments or charge the payment method on file for expenses within these limits. By granting this authorization, Customer acknowledges that Pancake is authorized to proceed immediately without waiting for a Customer response to ensure 24/7 Hospitality Operations.
Notice of Charge or Adjustment
Pancake will provide notice to the Customer (via SMS, MMS, or Email) regarding any charge or adjustment processed within these limits as operational volume permits.
If Payment Fails
If Pancake is unable to successfully charge the payment method on file:
Pancake will notify Customer immediately.
Customer will have up to fifteen (15) minutes from notice to resolve the payment issue.
If payment cannot be secured within that timeframe, Pancake may decline to dispatch, coordinate, or authorize additional services. Pancake is not responsible for delays, guest inconvenience, or operational outcomes resulting from failed payment authorization.
Remote Coordination
Pancake acts as a remote coordinator only. Ultimate responsibility for on-site outcomes remains with Customer and designated contacts.
6. Non-Emergency & Discretionary Expenses
For any expense exceeding the limits in Section 5, or for discretionary requests (such as restocking or custom hospitality):
Written Approval Required: Pancake will obtain Customer’s approval via SMS or Email before incurring any such expense. Once approval is provided, Pancake is authorized to immediately charge the payment method on file.
No Routine Restocking: Pancake does not provide routine property restocking (e.g., groceries, bulk supplies) as a standard service. Any agreement to facilitate restocking or discretionary "Room Service" requests is at Pancake’s sole discretion and must be agreed upon in writing for each instance.
Right to Decline: Pancake reserves the right to decline any discretionary or non-emergency request that falls outside of our standard operational scope.
7. Reviews and Public Communication (No Revisions)
Customer authorizes Pancake to draft and publish reviews and review responses on the Customer’s behalf.
Pancake retains final editorial discretion consistent with professional standards.
Pancake does not guarantee specific ratings, review outcomes, or booking impact.
No revision cycles or pre-approval processes are provided for individual reviews.
Content & Documentation
Pancake may create, receive, or transmit documentation—including photos, videos, and chat logs—related to Listing activity. The Customer grants Pancake a non-exclusive, perpetual, royalty-free license to use this content for service delivery, quality assurance, dispute resolution, and marketing or promotional purposes.
Privacy of Documentation:
Pancake agrees to redact or anonymize personally identifiable information (PII), such as guest names and specific listing addresses, when documentation is used for public marketing purposes. Pancake is not responsible for the accuracy of content provided by third-party Service Providers or Guests.
8. Customer Responsibilities
Customer agrees to:
Maintain accurate Listing information
Maintain safe property conditions
Maintain valid platform standing
Keep payment information current
Maintain designated emergency contacts
Provide timely approvals when required
Maintain accurate Listing content, house rules, policies, and disclosures
Customer remains solely responsible for:
Property condition and safety
Pricing and calendar management
Refund decisions and disputes
Vendor selection and performance
Pancake is not responsible for third-party vendor non-performance.
9. No Guarantees
Pancake does not guarantee:
Occupancy
Revenue
Booking volume
Ratings or review outcomes
Reputation impact
Guest behavior
Vendor execution
Platform account standing
Pancake provides coordination and Services only.
10. Resolution Center and Platform Disputes
Unless otherwise agreed:
Pancake does not manage formal platform disputes.
Customer retains final authority over claims, penalties, or appeals.
Except for incident-based pricing adjustments authorized in Section 5, Pancake will not issue refunds without Customer approval unless required by platform policy.
11. Independent Contractor Status
Pancake operates as an independent contractor. Nothing in these Terms creates:
Property management relationship
Fiduciary duty
Brokerage relationship
Partnership or joint venture
12. Limitation of Liability
To the maximum extent permitted by law:
Pancake’s total aggregate liability shall not exceed the lesser of:
(a) the subscription fees paid in the 30 days preceding the claim attributable to the specific Listing giving rise to the claim, or
(b) $1,000.
“Subscription fees” exclude operational expenses, reimbursements, vendor payments, or emergency charges.
Pancake shall not be liable for:
Indirect or consequential damages
Lost profits or revenue
Guest misconduct
Platform penalties
Vendor performance
Property damage
Security incidents
Reputational harm caused by third parties.
13. Suspension and Termination
Pancake may suspend or terminate Services if:
Customer violates these Terms
Payment fails or is disputed
Listing access is revoked
Customer engages in abusive, unlawful, threatening, or defamatory conduct
Continued service poses operational or legal risk
Customer may cancel prior to next billing cycle.
14. Dispute Resolution (Binding Arbitration – Texas)
Any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved exclusively through binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules.
Arbitration shall take place in the State of Texas.
Each party waives the right to trial by jury and agrees that arbitration shall be the sole and exclusive method of resolving disputes, except for claims eligible for small claims court.
The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration provision.
15. Modifications
Pancake reserves the right to update these Terms at any time. Continued use of Services constitutes acceptance of revisions.
16. Electronic and Multi-Party Communications
The Customer explicitly consents to receive communications from Pancake—and authorizes Pancake to communicate with Guests and third-party Service Providers (e.g., cleaners, maintenance crews)—via email, phone call, SMS, MMS (picture/video messaging), and Platform messaging in connection with the Services.
The Customer represents and warrants that they have the necessary permissions and authority to provide Pancake with the contact information of Guests and Service Providers for the purpose of delivering the Services.
Standard Rates: Message and data rates may apply.
Media Consent: This consent includes the transmission of photos or videos related to property condition, turnovers, or guest issues.
Written Requirement: Electronic communications satisfy any legal requirement that such communications be in writing.
Opt-Out: Customer may opt out of non-operational SMS; however, service-critical or emergency communications will continue as necessary to provide the Services.
17. Force Majeure
Pancake is not liable for delays or failures caused by events beyond its reasonable control, including platform outages, internet failures, government actions, labor disruptions, weather, Acts of God, or third-party service interruptions.
18. Indemnification
Customer agrees to defend, indemnify, and hold harmless Pancake Services LLC, its officers, members, employees, contractors, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to:
Customer’s Listing or property condition
Guest injuries, damages, or disputes
Vendor or third-party service provider actions or omissions
Customer’s violation of platform policies
Customer’s breach of these Terms
Content published at Customer’s direction
Access credentials, smart lock systems, or property access decisions
This indemnification obligation survives termination of Services.
19. Waiver of Consequential and Special Damages
To the fullest extent permitted by law, Customer agrees that Pancake shall not be liable for:
Indirect damages
Consequential damages
Special damages
Exemplary damages
Punitive damages
Loss of goodwill
Loss of reputation
Loss of data
Business interruption
Even if Pancake has been advised of the possibility of such damages.
This limitation applies regardless of the legal theory asserted.
20. Class Action Waiver
Customer agrees that any dispute resolution proceedings will be conducted solely on an individual basis and not as part of a class, consolidated, or representative action.
Customer expressly waives any right to participate in a class action lawsuit, class arbitration, or other representative proceeding against Pancake.
21. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflict-of-law principles.
Subject to the arbitration requirement above, any action permitted to proceed in court shall be brought exclusively in a state or federal court located in Texas, and the parties consent to personal jurisdiction and venue therein.
22. Limitation on Time to Bring Claims
To the fullest extent permitted by law, any claim or cause of action arising out of or relating to the Services or these Terms must be filed within one (1) year after the date the claim first arose.
For Customers in Texas: Notwithstanding the above, any such claim or cause of action must be filed within two (2) years and one (1) day after the date the claim first arose, in accordance with Texas Civil Practice and Remedies Code § 16.070.
Savings Clause: If the limitation period in this Section is found to be shorter than the minimum period permitted by the applicable law of any jurisdiction, the limitation period shall be deemed automatically amended to the minimum period permitted by such law.
Any claim not brought within the applicable time period is permanently barred. Customer agrees that this limitation period is reasonable and essential to the allocation of risk under these Terms.
23. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable under applicable law, the remaining provisions shall remain in full force and effect. Any invalid or unenforceable provision shall be modified to the minimum extent necessary to make it enforceable while preserving its original intent.
24. Insurance and Asset Protection
The Customer is solely responsible for maintaining appropriate insurance coverage for the Listing. The Customer acknowledges that Pancake’s Services do not include, provide, or replace property or liability insurance. To the extent permitted by the Customer's existing coverage (including platform-provided protections like Airbnb AirCover), the Customer acknowledges that Pancake acts as an "authorized representative" or "co-host" for operational purposes. Pancake is not liable for physical property damage, personal injury, or loss of rental income.
Pancake is a hospitality services provider and is not an insurance company, insurance agent, or insurance broker. Hospitality Operations is a service-based operational package and does not constitute an insurance policy, guarantee against financial loss, or property insurance.
Effective Date: May 15, 2026
These Terms of Service (“Terms”) govern the subscription to and use of services provided by Pancake Services LLC, a Texas limited liability company doing business as “Pancake” (“Pancake,” “we,” “us,” or “our”).
By purchasing, subscribing to, or using Pancake’s services, you (“Customer,” “you,” or “your”) agree to these Terms.
0. Definitions
Customer means the person or entity purchasing the Services, including a property owner, host, co-host, property manager, or authorized representative responsible for the Listing(s).
Listing means a single, unique digital entry on a Short-Term Rental platform (e.g., Airbnb, VRBO, or Booking.com) with its own distinct URL and availability calendar. Pancake currently specializes in the Airbnb platform, but may support additional platforms at its sole discretion. For billing purposes, each unique platform presence or unique availability calendar constitutes an individual Listing. If a physical property is cross-listed on multiple platforms, or if a property is offered via multiple configurations (e.g., "whole-home" vs. "individual-room" listings), each unique digital entry and calendar requires independent management and will be billed as a separate Listing.
Platforms means Airbnb and any other booking, messaging, or operational platforms connected to a Listing, as agreed in writing.
Pancake Team (or "Pancake") means the remote personnel and systems provided by Pancake to deliver the Services.
Local Service Team (or "Local Team" or "Local Contacts" or "Service Providers" or "Vendors") means third-party vendors, cleaners, cleaning crews, maintenance personnel, designated local contacts (as required by local ordinance), neighbors, or other local contractors engaged by the Customer to provide on-site services for a Listing.
Services (or “Hospitality Operations”) means the remote guest communication, operational coordination, and reputation support provided by Pancake, including but not limited to guest messaging, turnover coordination, vendor coordination, and reputation protection, as described in Section 1.
Instant Care Resolution (or "Instant Care" or "Instant Resolution") means Pancake’s operational protocol to initiate an administrative response and begin coordination of a guest or property need immediately upon notification. This refers to the initiation of the coordination process and does not guarantee a specific physical arrival time of third-party Service Providers or a specific duration for the physical resolution of property issues.
1. Services
Pancake provides Hospitality Operations, which may include:
Guest messaging and communication from booking through checkout
Reputation protection, including drafting and publishing guest reviews and review responses
Turnover coordination
Vendor and maintenance coordination
Real-time issue response and remote operational guest support
Remote Only. Pancake operates remotely and does not provide on-site physical services, including but not limited to cleaning, maintenance, inspections, or in-person guest support.
No Property Management. Pancake provides Hospitality Operations and coordination services only. Pancake does not act as a property manager, broker, fiduciary, revenue manager, legal representative, or owner.
Pancake does not guarantee any occupancy, revenue, ratings, guest behavior, vendor performance, or listing outcomes.
Execution of Service. Pancake provides Instant Care Resolution by initiating communication and coordination protocols immediately upon receipt of a guest or property notification. Pancake uses commercially reasonable efforts to ensure a rapid response to all inquiries.
However, Customer acknowledges that Pancake does not guarantee a specific response time or a specific physical resolution time, as final outcomes are subject to third-party Service Provider availability, operational volume, and Platform (e.g., Airbnb) connectivity. While Pancake provides continuous guest-facing communication, host-facing communication may be handled within reasonable operating intervals and is not guaranteed to be real-time or immediate.
Host Control and Approvals. Customer retains full ownership and control of the Listing, including pricing, calendar settings, refunds, and major property decisions, subject to the limited operational authorizations granted in Section 5.
Pancake will coordinate day-to-day operations and guest communication but will seek Customer approval for material decisions involving financial impact, policy changes, or exceptions to established house rules, unless otherwise authorized under Section 5 or required to address a time-sensitive guest or safety issue.
Third-Party Vendor Coordination. Pancake acts solely as a remote coordinator between the Customer and the Local Service Team (e.g., cleaning crews, maintenance, local contractors). Pancake is not an employer, partner, or agent of the Local Service Team. Pancake is not liable for any damages, delays, or failures in performance by the Local Service Team, including but not limited to missed turnovers, property damage, or theft.
In the event that no member of the Local Service Team is available or responsive, the Customer agrees to act as the primary Local Service Team member and assumes ultimate responsibility for the physical resolution of the issue.
2. Billing, Subscription, Cancellation, and Refunds
Billing and Subscription
Pancake operates as a recurring monthly subscription.
Billing begins immediately upon signup. The first charge occurs at the time of purchase, and charges recur automatically every 30 days unless canceled.
Customer authorizes Pancake to charge the payment method on file on a recurring basis until the subscription is canceled.
Service Activation
Services begin immediately upon signup, including onboarding, account setup, and preparation for Hospitality Operations.
Customer acknowledges that full delivery of Services requires granting Listing access (including co-host status or equivalent permissions) and any required integrations.
Billing begins at signup regardless of when Listing access is granted.
Failure by Customer to provide timely required Listing access, integrations, or permissions does not relieve Customer of payment obligations and does not create eligibility for a refund.
Cancellation
Customer may cancel the subscription at any time prior to the next billing cycle to prevent renewal.
Cancellation becomes effective at the end of the current billing cycle.
Customer will retain access to Services through the remainder of the paid billing period.
Refunds
All payments are non-refundable.
No prorated refunds will be provided for any partial billing periods or unused Services.
Pause of Services
Customer may request to pause active Services at any time by providing written notice.
Unless otherwise agreed in writing:
Subscription billing will continue during any temporary Service pause
Pancake will not monitor or manage guest messaging, reviews, turnovers, or operational coordination during the paused period
Customer remains solely responsible for all Listing activity and guest communication during the paused period
If Customer intends to stop billing entirely, such request will be treated as a cancellation effective at the end of the current billing cycle.
Resumption of Services after cancellation may be subject to then-current pricing, availability, and onboarding requirements.
Payment Failure
If payment fails, is reversed, or is disputed such that funds are not received, Pancake may suspend Services immediately until the issue is resolved.
Pricing Changes
Pancake reserves the right to modify subscription pricing at any time upon reasonable notice to Customer.
Any pricing changes will apply beginning with the next billing cycle following notice.
Continued use of Services after a pricing change becomes effective constitutes acceptance of the updated pricing.
3. Listing Access, Integrations, and Platform Scope
Platform Scope
Pancake provides Services primarily for Airbnb bookings unless otherwise confirmed in writing.
Pancake is not responsible for communication or coordination related to bookings originating outside the agreed Platform scope.
Required Access & Future Systems
Customer agrees to provide necessary permissions, integrations, and system access required for Service delivery.
If a Listing utilizes a smart lock or similar access system, Customer agrees to provide Pancake with appropriate access credentials necessary for Service delivery.
Pancake may require Customers to connect Listings to Pancake’s designated systems, software, or integrations in order to continue providing Services efficiently and consistently. Failure to provide required access within a reasonable timeframe may result in suspension.
Channel Adjustments
Pancake may use professional management software to synchronize listings across platforms. To account for mandatory platform-mandated fee shifts (such as Airbnb’s Simplified Pricing), a standard Channel Markup will be applied to your listings. This is designed to protect your take-home payout and is not considered a modification of your base nightly rate.
Co-Host Acceptance Timing
Pancake may require a reasonable period to accept access invitations. A delay of up to 24 hours does not constitute breach.
4. Smart Lock Access (If Provided)
If Customer provides smart lock access:
Pancake may use access solely for Services.
Customer retains full responsibility for property security and lock configuration.
Pancake is not liable for unauthorized entry, credential misuse, theft, or third-party actions.
Customer is responsible for code management, credential rotation, and system security.
Providing smart lock access is optional.
5. Instant Care Resolution & Operational Authorization
Customer grants Pancake limited authorization to resolve guest and property needs in real-time. This includes the authority to perform necessary operational adjustments (such as temporary calendar blocks, status updates, or incident-based pricing adjustments) and approve expenses within the limits below:
Spend Limits
Pancake may approve the following expenses without prior written approval when reasonably necessary to resolve guest needs or property issues:
Hospitality Limit: Up to $50 per incident for missing amenities, replacement essentials, guest hospitality gifts, or incident-based pricing adjustments.
Emergency Limit: Up to $300 per incident to resolve guest lockouts, address urgent safety issues, prevent imminent property damage, protect guest welfare, or dispatch backup turnover services.
Immediate Authorization
Customer authorizes Pancake to immediately process adjustments or charge the payment method on file for expenses within these limits. By granting this authorization, Customer acknowledges that Pancake is authorized to proceed immediately without waiting for a Customer response to ensure 24/7 Hospitality Operations.
Notice of Charge or Adjustment
Pancake will provide notice to the Customer (via SMS, MMS, or Email) regarding any charge or adjustment processed within these limits as operational volume permits.
If Payment Fails
If Pancake is unable to successfully charge the payment method on file:
Pancake will notify Customer immediately.
Customer will have up to fifteen (15) minutes from notice to resolve the payment issue.
If payment cannot be secured within that timeframe, Pancake may decline to dispatch, coordinate, or authorize additional services. Pancake is not responsible for delays, guest inconvenience, or operational outcomes resulting from failed payment authorization.
Remote Coordination
Pancake acts as a remote coordinator only. Ultimate responsibility for on-site outcomes remains with Customer and designated contacts.
6. Non-Emergency & Discretionary Expenses
For any expense exceeding the limits in Section 5, or for discretionary requests (such as restocking or custom hospitality):
Written Approval Required: Pancake will obtain Customer’s approval via SMS or Email before incurring any such expense. Once approval is provided, Pancake is authorized to immediately charge the payment method on file.
No Routine Restocking: Pancake does not provide routine property restocking (e.g., groceries, bulk supplies) as a standard service. Any agreement to facilitate restocking or discretionary "Room Service" requests is at Pancake’s sole discretion and must be agreed upon in writing for each instance.
Right to Decline: Pancake reserves the right to decline any discretionary or non-emergency request that falls outside of our standard operational scope.
7. Reviews and Public Communication (No Revisions)
Customer authorizes Pancake to draft and publish reviews and review responses on the Customer’s behalf.
Pancake retains final editorial discretion consistent with professional standards.
Pancake does not guarantee specific ratings, review outcomes, or booking impact.
No revision cycles or pre-approval processes are provided for individual reviews.
Content & Documentation
Pancake may create, receive, or transmit documentation—including photos, videos, and chat logs—related to Listing activity. The Customer grants Pancake a non-exclusive, perpetual, royalty-free license to use this content for service delivery, quality assurance, dispute resolution, and marketing or promotional purposes.
Privacy of Documentation:
Pancake agrees to redact or anonymize personally identifiable information (PII), such as guest names and specific listing addresses, when documentation is used for public marketing purposes. Pancake is not responsible for the accuracy of content provided by third-party Service Providers or Guests.
8. Customer Responsibilities
Customer agrees to:
Maintain accurate Listing information
Maintain safe property conditions
Maintain valid platform standing
Keep payment information current
Maintain designated emergency contacts
Provide timely approvals when required
Maintain accurate Listing content, house rules, policies, and disclosures
Customer remains solely responsible for:
Property condition and safety
Pricing and calendar management
Refund decisions and disputes
Vendor selection and performance
Pancake is not responsible for third-party vendor non-performance.
9. No Guarantees
Pancake does not guarantee:
Occupancy
Revenue
Booking volume
Ratings or review outcomes
Reputation impact
Guest behavior
Vendor execution
Platform account standing
Pancake provides coordination and Services only.
10. Resolution Center and Platform Disputes
Unless otherwise agreed:
Pancake does not manage formal platform disputes.
Customer retains final authority over claims, penalties, or appeals.
Except for incident-based pricing adjustments authorized in Section 5, Pancake will not issue refunds without Customer approval unless required by platform policy.
11. Independent Contractor Status
Pancake operates as an independent contractor. Nothing in these Terms creates:
Property management relationship
Fiduciary duty
Brokerage relationship
Partnership or joint venture
12. Limitation of Liability
To the maximum extent permitted by law:
Pancake’s total aggregate liability shall not exceed the lesser of:
(a) the subscription fees paid in the 30 days preceding the claim attributable to the specific Listing giving rise to the claim, or
(b) $1,000.
“Subscription fees” exclude operational expenses, reimbursements, vendor payments, or emergency charges.
Pancake shall not be liable for:
Indirect or consequential damages
Lost profits or revenue
Guest misconduct
Platform penalties
Vendor performance
Property damage
Security incidents
Reputational harm caused by third parties.
13. Suspension and Termination
Pancake may suspend or terminate Services if:
Customer violates these Terms
Payment fails or is disputed
Listing access is revoked
Customer engages in abusive, unlawful, threatening, or defamatory conduct
Continued service poses operational or legal risk
Customer may cancel prior to next billing cycle.
14. Dispute Resolution (Binding Arbitration – Texas)
Any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved exclusively through binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules.
Arbitration shall take place in the State of Texas.
Each party waives the right to trial by jury and agrees that arbitration shall be the sole and exclusive method of resolving disputes, except for claims eligible for small claims court.
The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration provision.
15. Modifications
Pancake reserves the right to update these Terms at any time. Continued use of Services constitutes acceptance of revisions.
16. Electronic and Multi-Party Communications
The Customer explicitly consents to receive communications from Pancake—and authorizes Pancake to communicate with Guests and third-party Service Providers (e.g., cleaners, maintenance crews)—via email, phone call, SMS, MMS (picture/video messaging), and Platform messaging in connection with the Services.
The Customer represents and warrants that they have the necessary permissions and authority to provide Pancake with the contact information of Guests and Service Providers for the purpose of delivering the Services.
Standard Rates: Message and data rates may apply.
Media Consent: This consent includes the transmission of photos or videos related to property condition, turnovers, or guest issues.
Written Requirement: Electronic communications satisfy any legal requirement that such communications be in writing.
Opt-Out: Customer may opt out of non-operational SMS; however, service-critical or emergency communications will continue as necessary to provide the Services.
17. Force Majeure
Pancake is not liable for delays or failures caused by events beyond its reasonable control, including platform outages, internet failures, government actions, labor disruptions, weather, Acts of God, or third-party service interruptions.
18. Indemnification
Customer agrees to defend, indemnify, and hold harmless Pancake Services LLC, its officers, members, employees, contractors, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to:
Customer’s Listing or property condition
Guest injuries, damages, or disputes
Vendor or third-party service provider actions or omissions
Customer’s violation of platform policies
Customer’s breach of these Terms
Content published at Customer’s direction
Access credentials, smart lock systems, or property access decisions
This indemnification obligation survives termination of Services.
19. Waiver of Consequential and Special Damages
To the fullest extent permitted by law, Customer agrees that Pancake shall not be liable for:
Indirect damages
Consequential damages
Special damages
Exemplary damages
Punitive damages
Loss of goodwill
Loss of reputation
Loss of data
Business interruption
Even if Pancake has been advised of the possibility of such damages.
This limitation applies regardless of the legal theory asserted.
20. Class Action Waiver
Customer agrees that any dispute resolution proceedings will be conducted solely on an individual basis and not as part of a class, consolidated, or representative action.
Customer expressly waives any right to participate in a class action lawsuit, class arbitration, or other representative proceeding against Pancake.
21. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflict-of-law principles.
Subject to the arbitration requirement above, any action permitted to proceed in court shall be brought exclusively in a state or federal court located in Texas, and the parties consent to personal jurisdiction and venue therein.
22. Limitation on Time to Bring Claims
To the fullest extent permitted by law, any claim or cause of action arising out of or relating to the Services or these Terms must be filed within one (1) year after the date the claim first arose.
For Customers in Texas: Notwithstanding the above, any such claim or cause of action must be filed within two (2) years and one (1) day after the date the claim first arose, in accordance with Texas Civil Practice and Remedies Code § 16.070.
Savings Clause: If the limitation period in this Section is found to be shorter than the minimum period permitted by the applicable law of any jurisdiction, the limitation period shall be deemed automatically amended to the minimum period permitted by such law.
Any claim not brought within the applicable time period is permanently barred. Customer agrees that this limitation period is reasonable and essential to the allocation of risk under these Terms.
23. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable under applicable law, the remaining provisions shall remain in full force and effect. Any invalid or unenforceable provision shall be modified to the minimum extent necessary to make it enforceable while preserving its original intent.
24. Insurance and Asset Protection
The Customer is solely responsible for maintaining appropriate insurance coverage for the Listing. The Customer acknowledges that Pancake’s Services do not include, provide, or replace property or liability insurance. To the extent permitted by the Customer's existing coverage (including platform-provided protections like Airbnb AirCover), the Customer acknowledges that Pancake acts as an "authorized representative" or "co-host" for operational purposes. Pancake is not liable for physical property damage, personal injury, or loss of rental income.
Pancake is a hospitality services provider and is not an insurance company, insurance agent, or insurance broker. Hospitality Operations is a service-based operational package and does not constitute an insurance policy, guarantee against financial loss, or property insurance.
Effective Date: May 15, 2026
These Terms of Service (“Terms”) govern the subscription to and use of services provided by Pancake Services LLC, a Texas limited liability company doing business as “Pancake” (“Pancake,” “we,” “us,” or “our”).
By purchasing, subscribing to, or using Pancake’s services, you (“Customer,” “you,” or “your”) agree to these Terms.
0. Definitions
Customer means the person or entity purchasing the Services, including a property owner, host, co-host, property manager, or authorized representative responsible for the Listing(s).
Listing means a single, unique digital entry on a Short-Term Rental platform (e.g., Airbnb, VRBO, or Booking.com) with its own distinct URL and availability calendar. Pancake currently specializes in the Airbnb platform, but may support additional platforms at its sole discretion. For billing purposes, each unique platform presence or unique availability calendar constitutes an individual Listing. If a physical property is cross-listed on multiple platforms, or if a property is offered via multiple configurations (e.g., "whole-home" vs. "individual-room" listings), each unique digital entry and calendar requires independent management and will be billed as a separate Listing.
Platforms means Airbnb and any other booking, messaging, or operational platforms connected to a Listing, as agreed in writing.
Pancake Team (or "Pancake") means the remote personnel and systems provided by Pancake to deliver the Services.
Local Service Team (or "Local Team" or "Local Contacts" or "Service Providers" or "Vendors") means third-party vendors, cleaners, cleaning crews, maintenance personnel, designated local contacts (as required by local ordinance), neighbors, or other local contractors engaged by the Customer to provide on-site services for a Listing.
Services (or “Hospitality Operations”) means the remote guest communication, operational coordination, and reputation support provided by Pancake, including but not limited to guest messaging, turnover coordination, vendor coordination, and reputation protection, as described in Section 1.
Instant Care Resolution (or "Instant Care" or "Instant Resolution") means Pancake’s operational protocol to initiate an administrative response and begin coordination of a guest or property need immediately upon notification. This refers to the initiation of the coordination process and does not guarantee a specific physical arrival time of third-party Service Providers or a specific duration for the physical resolution of property issues.
1. Services
Pancake provides Hospitality Operations, which may include:
Guest messaging and communication from booking through checkout
Reputation protection, including drafting and publishing guest reviews and review responses
Turnover coordination
Vendor and maintenance coordination
Real-time issue response and remote operational guest support
Remote Only. Pancake operates remotely and does not provide on-site physical services, including but not limited to cleaning, maintenance, inspections, or in-person guest support.
No Property Management. Pancake provides Hospitality Operations and coordination services only. Pancake does not act as a property manager, broker, fiduciary, revenue manager, legal representative, or owner.
Pancake does not guarantee any occupancy, revenue, ratings, guest behavior, vendor performance, or listing outcomes.
Execution of Service. Pancake provides Instant Care Resolution by initiating communication and coordination protocols immediately upon receipt of a guest or property notification. Pancake uses commercially reasonable efforts to ensure a rapid response to all inquiries.
However, Customer acknowledges that Pancake does not guarantee a specific response time or a specific physical resolution time, as final outcomes are subject to third-party Service Provider availability, operational volume, and Platform (e.g., Airbnb) connectivity. While Pancake provides continuous guest-facing communication, host-facing communication may be handled within reasonable operating intervals and is not guaranteed to be real-time or immediate.
Host Control and Approvals. Customer retains full ownership and control of the Listing, including pricing, calendar settings, refunds, and major property decisions, subject to the limited operational authorizations granted in Section 5.
Pancake will coordinate day-to-day operations and guest communication but will seek Customer approval for material decisions involving financial impact, policy changes, or exceptions to established house rules, unless otherwise authorized under Section 5 or required to address a time-sensitive guest or safety issue.
Third-Party Vendor Coordination. Pancake acts solely as a remote coordinator between the Customer and the Local Service Team (e.g., cleaning crews, maintenance, local contractors). Pancake is not an employer, partner, or agent of the Local Service Team. Pancake is not liable for any damages, delays, or failures in performance by the Local Service Team, including but not limited to missed turnovers, property damage, or theft.
In the event that no member of the Local Service Team is available or responsive, the Customer agrees to act as the primary Local Service Team member and assumes ultimate responsibility for the physical resolution of the issue.
2. Billing, Subscription, Cancellation, and Refunds
Billing and Subscription
Pancake operates as a recurring monthly subscription.
Billing begins immediately upon signup. The first charge occurs at the time of purchase, and charges recur automatically every 30 days unless canceled.
Customer authorizes Pancake to charge the payment method on file on a recurring basis until the subscription is canceled.
Service Activation
Services begin immediately upon signup, including onboarding, account setup, and preparation for Hospitality Operations.
Customer acknowledges that full delivery of Services requires granting Listing access (including co-host status or equivalent permissions) and any required integrations.
Billing begins at signup regardless of when Listing access is granted.
Failure by Customer to provide timely required Listing access, integrations, or permissions does not relieve Customer of payment obligations and does not create eligibility for a refund.
Cancellation
Customer may cancel the subscription at any time prior to the next billing cycle to prevent renewal.
Cancellation becomes effective at the end of the current billing cycle.
Customer will retain access to Services through the remainder of the paid billing period.
Refunds
All payments are non-refundable.
No prorated refunds will be provided for any partial billing periods or unused Services.
Pause of Services
Customer may request to pause active Services at any time by providing written notice.
Unless otherwise agreed in writing:
Subscription billing will continue during any temporary Service pause
Pancake will not monitor or manage guest messaging, reviews, turnovers, or operational coordination during the paused period
Customer remains solely responsible for all Listing activity and guest communication during the paused period
If Customer intends to stop billing entirely, such request will be treated as a cancellation effective at the end of the current billing cycle.
Resumption of Services after cancellation may be subject to then-current pricing, availability, and onboarding requirements.
Payment Failure
If payment fails, is reversed, or is disputed such that funds are not received, Pancake may suspend Services immediately until the issue is resolved.
Pricing Changes
Pancake reserves the right to modify subscription pricing at any time upon reasonable notice to Customer.
Any pricing changes will apply beginning with the next billing cycle following notice.
Continued use of Services after a pricing change becomes effective constitutes acceptance of the updated pricing.
3. Listing Access, Integrations, and Platform Scope
Platform Scope
Pancake provides Services primarily for Airbnb bookings unless otherwise confirmed in writing.
Pancake is not responsible for communication or coordination related to bookings originating outside the agreed Platform scope.
Required Access & Future Systems
Customer agrees to provide necessary permissions, integrations, and system access required for Service delivery.
If a Listing utilizes a smart lock or similar access system, Customer agrees to provide Pancake with appropriate access credentials necessary for Service delivery.
Pancake may require Customers to connect Listings to Pancake’s designated systems, software, or integrations in order to continue providing Services efficiently and consistently. Failure to provide required access within a reasonable timeframe may result in suspension.
Channel Adjustments
Pancake may use professional management software to synchronize listings across platforms. To account for mandatory platform-mandated fee shifts (such as Airbnb’s Simplified Pricing), a standard Channel Markup will be applied to your listings. This is designed to protect your take-home payout and is not considered a modification of your base nightly rate.
Co-Host Acceptance Timing
Pancake may require a reasonable period to accept access invitations. A delay of up to 24 hours does not constitute breach.
4. Smart Lock Access (If Provided)
If Customer provides smart lock access:
Pancake may use access solely for Services.
Customer retains full responsibility for property security and lock configuration.
Pancake is not liable for unauthorized entry, credential misuse, theft, or third-party actions.
Customer is responsible for code management, credential rotation, and system security.
Providing smart lock access is optional.
5. Instant Care Resolution & Operational Authorization
Customer grants Pancake limited authorization to resolve guest and property needs in real-time. This includes the authority to perform necessary operational adjustments (such as temporary calendar blocks, status updates, or incident-based pricing adjustments) and approve expenses within the limits below:
Spend Limits
Pancake may approve the following expenses without prior written approval when reasonably necessary to resolve guest needs or property issues:
Hospitality Limit: Up to $50 per incident for missing amenities, replacement essentials, guest hospitality gifts, or incident-based pricing adjustments.
Emergency Limit: Up to $300 per incident to resolve guest lockouts, address urgent safety issues, prevent imminent property damage, protect guest welfare, or dispatch backup turnover services.
Immediate Authorization
Customer authorizes Pancake to immediately process adjustments or charge the payment method on file for expenses within these limits. By granting this authorization, Customer acknowledges that Pancake is authorized to proceed immediately without waiting for a Customer response to ensure 24/7 Hospitality Operations.
Notice of Charge or Adjustment
Pancake will provide notice to the Customer (via SMS, MMS, or Email) regarding any charge or adjustment processed within these limits as operational volume permits.
If Payment Fails
If Pancake is unable to successfully charge the payment method on file:
Pancake will notify Customer immediately.
Customer will have up to fifteen (15) minutes from notice to resolve the payment issue.
If payment cannot be secured within that timeframe, Pancake may decline to dispatch, coordinate, or authorize additional services. Pancake is not responsible for delays, guest inconvenience, or operational outcomes resulting from failed payment authorization.
Remote Coordination
Pancake acts as a remote coordinator only. Ultimate responsibility for on-site outcomes remains with Customer and designated contacts.
6. Non-Emergency & Discretionary Expenses
For any expense exceeding the limits in Section 5, or for discretionary requests (such as restocking or custom hospitality):
Written Approval Required: Pancake will obtain Customer’s approval via SMS or Email before incurring any such expense. Once approval is provided, Pancake is authorized to immediately charge the payment method on file.
No Routine Restocking: Pancake does not provide routine property restocking (e.g., groceries, bulk supplies) as a standard service. Any agreement to facilitate restocking or discretionary "Room Service" requests is at Pancake’s sole discretion and must be agreed upon in writing for each instance.
Right to Decline: Pancake reserves the right to decline any discretionary or non-emergency request that falls outside of our standard operational scope.
7. Reviews and Public Communication (No Revisions)
Customer authorizes Pancake to draft and publish reviews and review responses on the Customer’s behalf.
Pancake retains final editorial discretion consistent with professional standards.
Pancake does not guarantee specific ratings, review outcomes, or booking impact.
No revision cycles or pre-approval processes are provided for individual reviews.
Content & Documentation
Pancake may create, receive, or transmit documentation—including photos, videos, and chat logs—related to Listing activity. The Customer grants Pancake a non-exclusive, perpetual, royalty-free license to use this content for service delivery, quality assurance, dispute resolution, and marketing or promotional purposes.
Privacy of Documentation:
Pancake agrees to redact or anonymize personally identifiable information (PII), such as guest names and specific listing addresses, when documentation is used for public marketing purposes. Pancake is not responsible for the accuracy of content provided by third-party Service Providers or Guests.
8. Customer Responsibilities
Customer agrees to:
Maintain accurate Listing information
Maintain safe property conditions
Maintain valid platform standing
Keep payment information current
Maintain designated emergency contacts
Provide timely approvals when required
Maintain accurate Listing content, house rules, policies, and disclosures
Customer remains solely responsible for:
Property condition and safety
Pricing and calendar management
Refund decisions and disputes
Vendor selection and performance
Pancake is not responsible for third-party vendor non-performance.
9. No Guarantees
Pancake does not guarantee:
Occupancy
Revenue
Booking volume
Ratings or review outcomes
Reputation impact
Guest behavior
Vendor execution
Platform account standing
Pancake provides coordination and Services only.
10. Resolution Center and Platform Disputes
Unless otherwise agreed:
Pancake does not manage formal platform disputes.
Customer retains final authority over claims, penalties, or appeals.
Except for incident-based pricing adjustments authorized in Section 5, Pancake will not issue refunds without Customer approval unless required by platform policy.
11. Independent Contractor Status
Pancake operates as an independent contractor. Nothing in these Terms creates:
Property management relationship
Fiduciary duty
Brokerage relationship
Partnership or joint venture
12. Limitation of Liability
To the maximum extent permitted by law:
Pancake’s total aggregate liability shall not exceed the lesser of:
(a) the subscription fees paid in the 30 days preceding the claim attributable to the specific Listing giving rise to the claim, or
(b) $1,000.
“Subscription fees” exclude operational expenses, reimbursements, vendor payments, or emergency charges.
Pancake shall not be liable for:
Indirect or consequential damages
Lost profits or revenue
Guest misconduct
Platform penalties
Vendor performance
Property damage
Security incidents
Reputational harm caused by third parties.
13. Suspension and Termination
Pancake may suspend or terminate Services if:
Customer violates these Terms
Payment fails or is disputed
Listing access is revoked
Customer engages in abusive, unlawful, threatening, or defamatory conduct
Continued service poses operational or legal risk
Customer may cancel prior to next billing cycle.
14. Dispute Resolution (Binding Arbitration – Texas)
Any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved exclusively through binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules.
Arbitration shall take place in the State of Texas.
Each party waives the right to trial by jury and agrees that arbitration shall be the sole and exclusive method of resolving disputes, except for claims eligible for small claims court.
The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration provision.
15. Modifications
Pancake reserves the right to update these Terms at any time. Continued use of Services constitutes acceptance of revisions.
16. Electronic and Multi-Party Communications
The Customer explicitly consents to receive communications from Pancake—and authorizes Pancake to communicate with Guests and third-party Service Providers (e.g., cleaners, maintenance crews)—via email, phone call, SMS, MMS (picture/video messaging), and Platform messaging in connection with the Services.
The Customer represents and warrants that they have the necessary permissions and authority to provide Pancake with the contact information of Guests and Service Providers for the purpose of delivering the Services.
Standard Rates: Message and data rates may apply.
Media Consent: This consent includes the transmission of photos or videos related to property condition, turnovers, or guest issues.
Written Requirement: Electronic communications satisfy any legal requirement that such communications be in writing.
Opt-Out: Customer may opt out of non-operational SMS; however, service-critical or emergency communications will continue as necessary to provide the Services.
17. Force Majeure
Pancake is not liable for delays or failures caused by events beyond its reasonable control, including platform outages, internet failures, government actions, labor disruptions, weather, Acts of God, or third-party service interruptions.
18. Indemnification
Customer agrees to defend, indemnify, and hold harmless Pancake Services LLC, its officers, members, employees, contractors, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to:
Customer’s Listing or property condition
Guest injuries, damages, or disputes
Vendor or third-party service provider actions or omissions
Customer’s violation of platform policies
Customer’s breach of these Terms
Content published at Customer’s direction
Access credentials, smart lock systems, or property access decisions
This indemnification obligation survives termination of Services.
19. Waiver of Consequential and Special Damages
To the fullest extent permitted by law, Customer agrees that Pancake shall not be liable for:
Indirect damages
Consequential damages
Special damages
Exemplary damages
Punitive damages
Loss of goodwill
Loss of reputation
Loss of data
Business interruption
Even if Pancake has been advised of the possibility of such damages.
This limitation applies regardless of the legal theory asserted.
20. Class Action Waiver
Customer agrees that any dispute resolution proceedings will be conducted solely on an individual basis and not as part of a class, consolidated, or representative action.
Customer expressly waives any right to participate in a class action lawsuit, class arbitration, or other representative proceeding against Pancake.
21. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflict-of-law principles.
Subject to the arbitration requirement above, any action permitted to proceed in court shall be brought exclusively in a state or federal court located in Texas, and the parties consent to personal jurisdiction and venue therein.
22. Limitation on Time to Bring Claims
To the fullest extent permitted by law, any claim or cause of action arising out of or relating to the Services or these Terms must be filed within one (1) year after the date the claim first arose.
For Customers in Texas: Notwithstanding the above, any such claim or cause of action must be filed within two (2) years and one (1) day after the date the claim first arose, in accordance with Texas Civil Practice and Remedies Code § 16.070.
Savings Clause: If the limitation period in this Section is found to be shorter than the minimum period permitted by the applicable law of any jurisdiction, the limitation period shall be deemed automatically amended to the minimum period permitted by such law.
Any claim not brought within the applicable time period is permanently barred. Customer agrees that this limitation period is reasonable and essential to the allocation of risk under these Terms.
23. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable under applicable law, the remaining provisions shall remain in full force and effect. Any invalid or unenforceable provision shall be modified to the minimum extent necessary to make it enforceable while preserving its original intent.
24. Insurance and Asset Protection
The Customer is solely responsible for maintaining appropriate insurance coverage for the Listing. The Customer acknowledges that Pancake’s Services do not include, provide, or replace property or liability insurance. To the extent permitted by the Customer's existing coverage (including platform-provided protections like Airbnb AirCover), the Customer acknowledges that Pancake acts as an "authorized representative" or "co-host" for operational purposes. Pancake is not liable for physical property damage, personal injury, or loss of rental income.
Pancake is a hospitality services provider and is not an insurance company, insurance agent, or insurance broker. Hospitality Operations is a service-based operational package and does not constitute an insurance policy, guarantee against financial loss, or property insurance.