Terms of Service

These Terms of Service (the Terms) form a binding agreement between you and Shining Star Software (Shining Star, we, us), the provider of the RevStar CompRate service (the Service).

You accept these Terms when you create an account, start a free trial, or use the Service. If you accept on behalf of a hotel, company or other organization, you confirm that you have authority to bind that organization, and you means that organization.

If you do not agree to these Terms, do not use the Service.

Shining Star Software operates the Service from the United States. You can reach us at support@shiningstar.software for general and technical matters, and at billing@shiningstar.software for billing matters. Legal notices must be sent as set out in section 22.

RevStar CompRate collects publicly published nightly room rates for hotels that you select as your competitive set, alongside your own publicly published rate, local events and public holidays near your property. It presents that information on a dashboard and generates written pricing observations and suggestions.

The Service is an information and analysis tool. It does not book rooms, does not set or transmit your rates to any booking channel, and does not connect to your property management system.

• You must be at least 18 years old and capable of forming a binding contract.
• You must provide accurate account and property information and keep it current.
• You are responsible for all activity under your account, including activity by anyone you invite to it.
• You must keep your sign in email secure. We sign you in by email link or by a supported identity provider; anyone with access to your email can access your account.
• You must tell us promptly at support@shiningstar.software if you believe your account has been accessed without authorization.

New properties may be offered a free trial. The trial length and what it includes are shown before you start it and on your Billing page. At the date of these Terms the trial runs for seven days and shows competitor rates for the sixty nights from the day it starts, refreshed during those seven days. After the trial the rates shown are not updated and the nights that have passed drop off.

You do not need to give a payment method to start a trial, unless we tell you otherwise before you start it. You are not charged during the trial. If you did not give a payment method, nothing is charged when the trial ends and the property stays locked until you choose a plan. One trial is available per email address and per property. We may decline, shorten or withdraw a trial, including where we reasonably believe a person or property has already used one.

Current plans and prices are shown in the application on the Billing page and at checkout. At the date of these Terms the paid plans are CompRate at US$29.99 per month and Market at US$49.99 per month, each billed per property.

Prices exclude any charges your bank or card issuer may apply, including foreign transaction or currency conversion fees. We may change prices for future billing periods on at least 30 days notice to the email address on your account. A price change never applies to a period you have already paid for. If you do not accept a price change, cancel before it takes effect.

When you cancel, your plan stays active until the end of the period you have already paid for, and it does not renew after that. We do not prorate or refund the remainder of a period you have already paid for, except as set out in our Refund and Cancellation Policy.

Payments are processed by Stripe, Inc. We do not receive or store your full card number. Your use of the payment flow is also subject to Stripe terms and privacy notice. You authorize us and Stripe to charge your payment method for amounts due under these Terms.

If a charge fails, we may retry it and may suspend the Service until payment succeeds. You remain responsible for amounts properly due.

We do not warrant that the competitive set we discover is complete, that a hotel we match is the hotel you intended, or that data will be refreshed on any particular schedule. Third party sources may block, throttle, change or withdraw access at any time, which can reduce or interrupt coverage.

You keep ownership of your data. This includes your property details, your competitive set selections, your settings, and any rate or performance information you provide or connect (Customer Data).

You grant us a nonexclusive, worldwide license to host, copy, process and display Customer Data for the purpose of providing, securing and supporting the Service, and for the limited internal purposes described in our Privacy Policy. We may create and use aggregated and deidentified information derived from use of the Service, provided it does not identify you, your property, or any individual.

You are responsible for having the right to provide any Customer Data you supply, and for its accuracy.

You agree not to, and not to permit anyone else to:

• resell, sublicense, or provide the Service or its data to a third party, including operating it as a service for other hotels that are not on your account;
• scrape, crawl, bulk export or systematically extract data from the Service other than through features we provide;
• reverse engineer, decompile or attempt to derive the source code or underlying models of the Service, except where that restriction is prohibited by law;
• interfere with, overload or probe the Service or its infrastructure, or circumvent any rate limit, access control or usage cap;
• use the Service to violate any law, to infringe any right, or in breach of any third party terms that apply to data we surface;
• misrepresent your identity or your authority to act for a property, or create multiple accounts to obtain additional free trials.

We may investigate suspected breaches and may suspend access where we reasonably believe this section has been breached or where continued access poses a risk to the Service or to others.

The Service depends on third parties, including cloud hosting, database, email, mapping, search and artificial intelligence providers, and it displays information sourced from booking and travel websites. Those services are outside our control. We are not responsible for their content, availability, accuracy or practices, and their terms may also apply to you. A current list of the processors we use is in our Privacy Policy.

The Service, including its software, interfaces, text, analytics logic and the RevStar™ and CompRate™ marks, is owned by Shining Star Software and its licensors and is protected by intellectual property law. Subject to these Terms, we grant you a limited, nonexclusive, nontransferable, revocable right to use the Service for your own hotel operations during your subscription. No other rights are granted.

If you send us feedback or suggestions, we may use them without obligation or compensation to you.

Each party may receive nonpublic information of the other. The receiving party will protect it with at least reasonable care, use it only to perform under these Terms, and not disclose it except to personnel and contractors bound by similar obligations, or where required by law. This does not apply to information that is public through no fault of the receiving party, was already known to it, or is independently developed.

We aim to keep the Service available but we do not commit to a specific uptime level unless we have agreed one with you in a separate written agreement. We may perform maintenance, and we may modify, add or remove features. Where a change materially reduces the core functionality of a paid plan, we will give you reasonable notice by email and you may cancel under section 7.

Support is provided by email during normal United States business hours.

The Service and all data in it are provided "as is" and "as available", without warranty of any kind. To the fullest extent permitted by law, we disclaim all warranties, express, implied or statutory, including merchantability, fitness for a particular purpose, title, noninfringement, and any warranty arising from course of dealing or usage of trade. We do not warrant that the Service will be uninterrupted, free of errors, secure, or that data will be accurate, complete or current.

These limits do not apply to your payment obligations, to either party's liability for fraud or wilful misconduct, or to any liability that cannot be limited by law. Some jurisdictions do not allow certain exclusions, so parts of this section may not apply to you.

You acknowledge that the pricing of the Service reflects this allocation of risk and that we would not provide the Service on these prices without it.

You will defend, indemnify and hold harmless Shining Star Software and its officers, employees and contractors from third party claims, damages, liabilities, costs and reasonable legal fees arising out of your Customer Data, your use of the Service in breach of these Terms or of law, or the rates and commercial decisions you make.

You may stop using the Service and cancel at any time under section 7. We may suspend or terminate your access if you materially breach these Terms and do not cure the breach within ten days of notice, if payment fails and is not resolved, if required by law, or immediately where continued access poses a security or legal risk.

After your account closes we retain and then delete your data as described in our Privacy Policy. You may request an export of your Customer Data before closure, and for 30 days afterwards, by emailing support@shiningstar.software.

Sections 10, 13, 14, 16, 17, 18, 21 and 22 survive termination.

We may update these Terms. If a change materially affects your rights or obligations, we will give at least 30 days notice by email to the address on your account or by a notice in the application, and the change takes effect at the start of your next billing period after the notice. Continuing to use the Service after a change takes effect means you accept the updated Terms. The Last updated date at the top of this page always reflects the current version.

These Terms are governed by the laws of the State of Texas, without regard to its conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Talk to us first. Before filing any claim, you agree to contact us at support@shiningstar.software with a description of the dispute and the relief you seek, and to work with us in good faith for at least 30 days to resolve it.

Binding arbitration. If the 30 day process above does not resolve the dispute, you and we agree that any claim arising out of or relating to these Terms or the Service will be settled by final and binding individual arbitration, administered by the American Arbitration Association under its Commercial Arbitration Rules and its Consumer Arbitration Rules where those apply. The arbitration will be seated in Travis County, Texas, and may be conducted by documents, telephone or video where the AAA rules allow. The arbitrator decides all issues except those reserved below, including whether a dispute is arbitrable. Judgment on the award may be entered in any court of competent jurisdiction. The Federal Arbitration Act governs this section.

Class action and jury waiver. You and we each agree to bring claims only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated or representative proceeding. The arbitrator may not consolidate claims or preside over any form of representative proceeding, and may award relief only to the individual party seeking it and only to the extent needed for that party’s own claim. You and we each waive any right to a jury trial.

Your right to opt out. Arbitration is not compulsory. You may reject this arbitration agreement by emailing legal@shiningstar.software with your account email and the words “arbitration opt out” within 30 days of first accepting these Terms. Opting out affects nothing else: it does not change your plan, your price or any other part of this agreement, and we will not treat it as a reason to refuse or end service.

What stays out of arbitration. Either of us may bring an individual claim in small claims court if it qualifies, and either of us may ask a court for an injunction or other equitable relief to protect intellectual property or to stop unauthorized access to the Service.

If part of this fails. If the class and representative waiver above is held unenforceable as to a particular claim, that claim alone is severed from arbitration and heard in court; the rest of this section still applies to every other claim. If arbitration is held not to apply at all, the state and federal courts located in Travis County, Texas have exclusive jurisdiction, and both parties consent to personal jurisdiction and venue there and waive any objection based on inconvenient forum.

• Entire agreement. These Terms, together with the Privacy Policy and the Refund and Cancellation Policy, are the entire agreement between us about the Service and supersede prior discussions.
• Severability. If a provision is held unenforceable, the rest remains in effect and the provision is limited to the minimum extent necessary.
• No waiver. A failure to enforce a provision is not a waiver of it.
• Assignment. You may not assign these Terms without our written consent. We may assign them to an affiliate or in connection with a merger, acquisition or sale of assets.
• Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, excluding payment obligations.
• No third party beneficiaries. These Terms do not create rights for anyone other than you and us.
• Notices. We may give notice by email to the address on your account or in the application. You must send legal notices by email to legal@shiningstar.software, and a notice is effective when we acknowledge receipt.
• Relationship. The parties are independent contractors. Nothing creates a partnership, agency or employment relationship.