Terms and Conditions

1. Introduction and Acceptance

Welcome to GuestSelects (the "Platform," "Website," "we," "us," or "our"). These Terms and Conditions ("Terms") constitute a legally binding agreement between you and GuestSelects governing your access to and use of the GuestSelects website and all associated services.

IMPORTANT: PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE PLATFORM.

By accessing or using the Platform, you ("User," "you," or "your") acknowledge that you have read, understood, and agree to be bound by these Terms, including the binding arbitration and class action waiver provisions in Section 14. If you do not agree to these Terms, you must immediately discontinue use of the Platform.

We reserve the right to modify these Terms at any time. Material changes will be communicated via a prominent notice on the Platform. Continued use of the Platform following any such modifications constitutes your acceptance of the revised Terms.

2. Description of Service

2.1 Platform Purpose

GuestSelects is a visual aggregation and discovery platform that enables users to explore curated "digital rooms" or "showrooms" displaying home furnishings, décor, and related items. Users may interact with shoppable images by clicking on highlighted items ("Hotspots") to view product information and be redirected to third-party retailer websites.

2.2 Neutral Platform Status & Section 230 Notice

IMPORTANT NOTICE: GuestSelects constitutes an "interactive computer service" under 47 U.S.C. § 230. We do not create, edit, or endorse the content posted by third-party Room Designers.

GuestSelects is a neutral technology platform only. We do not:

Sell, manufacture, warehouse, ship, or fulfill any products
Set product prices or control inventory availability
Process payments or handle transactions
Employ, endorse, or control the third parties ("Content Creators," "Room Designers," or "Hosts") who curate showroom content
Own or control the affiliate links embedded within the Platform
Guarantee the accuracy, availability, or quality of any products displayed

The affiliate links displayed on our Platform are owned and managed by independent third-party Content Creators. All commissions, revenues, and payments derived from purchases made through these affiliate links are paid directly to the respective Content Creators-not to GuestSelects.

2.3 No Professional Advice

The Platform provides product information for general informational purposes only. Nothing on the Platform constitutes professional interior design, financial, legal, or purchasing advice. You should conduct your own research and consult appropriate professionals before making purchasing decisions.

3. Third-Party Links, Products, and Services

3.1 External Websites

The Platform contains hyperlinks to third-party websites, including but not limited to retailer websites (Amazon, Etsy, Wayfair, and others). These links are provided solely for your convenience.

We expressly disclaim all responsibility and liability for:

The content, accuracy, legality, or availability of third-party websites
The privacy policies, security practices, or data handling of third-party websites
Any products, services, or transactions offered by third-party websites
Any damages or losses resulting from your use of or reliance on third-party content

3.2 Product Information Disclaimer

Product descriptions, images, prices, availability, and other information displayed on the Platform are provided by Content Creators or retrieved from third-party sources and are subject to change without notice.

You expressly acknowledge and agree that:

Product images may differ from actual products
Prices displayed may not reflect current retail prices
Product availability is determined solely by third-party retailers
Product specifications, materials, and dimensions may vary
All purchasing decisions are made entirely at your own risk
GuestSelects has no contractual or other relationship with retailers

4. Content Creator and Host Relationships

Content Creators, Room Designers, and Hosts who curate showrooms on the Platform are independent third parties-not employees, agents, joint venturers, partners, or representatives of GuestSelects.

You acknowledge that Showrooms may contain affiliate links through which Content Creators earn commissions. GuestSelects does not receive revenue from these affiliate transactions and has no control over or responsibility for:

The accuracy of product information provided by Content Creators
The quality or legitimacy of affiliate links
Any disputes between you and Content Creators or retailers

5. User Conduct

By using the Platform, you agree not to:

Use the Platform for any unlawful purpose or in violation of any applicable laws
Interfere with or disrupt the Platform's security or operation
Use automated means (bots, scrapers, crawlers) to access the Platform
Copy, reproduce, or distribute Platform content without authorization
Attempt to gain unauthorized access to any systems or data
Transmit viruses, malware, or other harmful code
Impersonate any person or entity or misrepresent your affiliation

6. User-Submitted Information

The Platform provides lead capture forms including "Get Your Showroom" and "Request an Item" features. When you submit a form, we collect your email address and any additional information you provide.

Legal Basis: We process this data under Legitimate Interest (to respond to your inquiry) and Consent.
Data Processor: Form submissions are processed by Formspree, Inc. in accordance with their privacy policy and applicable data protection laws.
Your Rights: For full details on your data rights (Access, Erasure, Correction, etc.), please see our Privacy Policy.

7. Analytics and Tracking

7.1 Cookie Consent

Upon your first visit, you will be presented with a cookie consent banner offering three choices:

Accept All: Enables analytics cookies, session recordings, heatmaps, and full event tracking
Essential Only: Only essential storage (consent preference) - no analytics
Reject All: Cookieless mode activated; anonymous, non-persistent tracking only

You can change your preferences at any time using the "Cookie Preferences" link.

7.2 Analytics Provider

We use PostHog, Inc. for analytics. PostHog is hosted on EU servers (eu.posthog.com) and processes data in accordance with GDPR requirements.

7.3 Data Collected (With Consent)

With your consent, we collect:

Pageview events & Property Engagement: Pages visited, navigation patterns, and specific property showrooms viewed
Pageleave events: When users navigate away from pages
Click interactions & CTR: Button clicks, product link clicks, interaction patterns, and product click-through rates
Scroll depth (Heatmaps): How far users scroll on pages
Session recordings: Visual replays (with all text inputs masked)
Device and browser information: For platform optimization
Approximate geographic location: Country/region level

Without Consent (Cookieless Mode)

If you reject cookies, we activate cookieless mode: no cookies or persistent storage are used, tracking is anonymous and non-persistent, and no session recordings or heatmaps are captured.

For full details on cookies and your rights, see our Privacy Policy.

8. Intellectual Property

The Platform design, code, and software are the exclusive property of GuestSelects and are protected by copyright, trademark, and other intellectual property laws. Product images and descriptions may be owned by third parties (Content Creators/Retailers) and are used under license, fair use, or with permission.

You may not copy, modify, distribute, sell, or lease any part of the Platform without our prior written consent.

9. DMCA Notice

GuestSelects respects intellectual property rights and complies with the Digital Millennium Copyright Act (DMCA). If you believe content on the Platform infringes your copyright, please submit a DMCA takedown notice to our designated agent at the contact email in Section 17 with:

Identification of the copyrighted work claimed to be infringed
Identification of the allegedly infringing material and its location
Your contact information
A statement of good faith belief
A statement of accuracy under penalty of perjury
Your physical or electronic signature

10. Disclaimer of Warranties

THE PLATFORM AND ALL CONTENT, MATERIALS, INFORMATION, AND SERVICES PROVIDED THROUGH THE PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GUESTSELECTS EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT
WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF CONTENT
WARRANTIES THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES
WARRANTIES REGARDING THE QUALITY, SAFETY, OR LEGALITY OF ANY PRODUCTS PURCHASED THROUGH THIRD-PARTY LINKS

GUESTSELECTS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR RESULTS OF THE PLATFORM IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GUESTSELECTS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR:

ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES
LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS OPPORTUNITIES
PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE PLATFORM
ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR PERSONAL INFORMATION
ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM
ANY BUGS, VIRUSES, OR OTHER HARMFUL CODE TRANSMITTED THROUGH THE PLATFORM
ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT
ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED THROUGH THIRD-PARTY LINKS

IN ANY EVENT, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE GREATER OF: (A) ONE HUNDRED U.S. DOLLARS ($100.00); OR (B) THE TOTAL AMOUNT PAID BY YOU TO GUESTSELECTS IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY (WHETHER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF GUESTSELECTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

12. Assumption of Risk

You expressly acknowledge and agree that your use of the Platform is at your sole risk. You assume full responsibility for:

All purchasing decisions made based on information found on the Platform
Any interactions with third-party retailers, Content Creators, or other users
Any consequences resulting from clicking on affiliate links or making purchases
Evaluating the accuracy and reliability of any product information

13. Indemnification

You agree to indemnify, defend, and hold harmless GuestSelects and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to:

Your access to or use of the Platform
Your violation of these Terms
Your violation of any third-party rights, including intellectual property rights
Your violation of any applicable laws or regulations
Any content you submit or transmit through the Platform
Your interactions with third-party Content Creators, retailers, or other users
Any disputes arising from purchases made through affiliate links

GuestSelects reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims.

14. Dispute Resolution

14.1 Informal Resolution

Before initiating any formal dispute resolution, you agree to first contact us at the email in Section 17 and attempt to resolve any dispute informally for at least thirty (30) days.

14.2 Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Platform that cannot be resolved informally shall be resolved by binding arbitration administered by the International Chamber of Commerce (ICC) or, for US residents, the American Arbitration Association (AAA) under its Consumer Arbitration Rules.

Arbitration Venue: Bucharest, Romania (or, for US residents at their election, the county of their residence)
Language: English
Arbitrator Authority: The arbitrator shall have exclusive authority to resolve all disputes and may award any relief available in court
Costs: Each party bears its own costs unless otherwise determined by the arbitrator

14.3 Class Action Waiver

YOU AND GUESTSELECTS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of representative or class proceeding. By agreeing to these Terms, you waive any right to participate in a class action lawsuit or class-wide arbitration.

14.4 Exceptions

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights.

14.5 Opt-Out

You may opt out of the arbitration and class action waiver provisions by sending written notice to us at the contact email within thirty (30) days of first accepting these Terms. Your notice must include your name, address, email, and a clear statement that you wish to opt out.

15. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Romania, without regard to its conflict of law provisions.

For any claims not subject to arbitration, you agree to submit to the exclusive personal jurisdiction of the courts located in Bucharest, Romania.

Since we are based in the European Union, if you access the Platform from outside the EU (e.g., the US), you do so at your own initiative and are responsible for compliance with local laws. Nothing in these Terms shall deprive consumers of mandatory protections under the laws of their country of residence.

16. General Provisions

Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and GuestSelects.
Severability: If any provision is deemed unenforceable, the remaining provisions remain in full force and effect.
Waiver: Failure to enforce any right or provision is not a waiver of that right or provision.
Assignment: We may assign our rights under these Terms without restriction. You may not assign your rights without our prior written consent.
Force Majeure: We are not liable for failures or delays caused by circumstances beyond our reasonable control.
Headings: Section headings are for convenience only and have no legal effect.

17. Contact Information

GuestSelects

Legal Department

marius@guestselects.com

California Residents

Under the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA), you have specific rights regarding your personal information, including the right to know what personal information is collected, the right to deletion, the right to correction, and the right to opt-out of sale or sharing (we do not sell or share your data). Contact us at the email above to exercise these rights. We will not discriminate against you for exercising your rights.