Terms of Service

1. Acceptance of Terms

These Terms of Service are an agreement between you and Twelve Sea, LLC, DBA Wilkuma Rental Management, operating under the friendly business name Wilkuma. If you do not agree to these Terms, do not use the website or related services.

Our Privacy Policy explains how we collect, use, and disclose personal information and is incorporated into these Terms by reference.

2. Eligibility and Authority

You must be at least 18 years old and legally capable of entering into a binding agreement to use our property-management and related services. If you act for another person, property owner, guest, company, trust, or organization, you represent that you have authority to accept these Terms and communicate with us on their behalf.

You agree to provide accurate, current, and complete information and to update it when necessary. You are responsible for communications and activity associated with the contact information you provide.

3. Wilkuma Services

Wilkuma provides vacation-rental management and related support for Massachusetts property owners. Services may include property evaluation, listing setup and optimization, professional photography, dynamic pricing, marketing, reservation support, owner communications, guest communication, check-in and check-out support, cleaning and maintenance coordination, restocking, property checks, accounting support, and Massachusetts occupancy-tax assistance.

Service availability, scope, pricing, estimated revenue, performance, platform distribution, and operational requirements depend on the property, market, season, booking demand, third-party platforms, and applicable written agreement. Information provided on the website is general and does not guarantee acceptance of a property, specific revenue, occupancy, ratings, or results.

4. Property, Reservation, and Service Agreements

Specific property-management relationships, guest stays, reservations, charges, payouts, cancellations, damages, house rules, service fees, and other transactions may be governed by a separate signed agreement, booking confirmation, rental agreement, platform terms, or written policy.

You authorize applicable payment and booking providers to process approved charges, payouts, refunds, taxes, fees, and other amounts described in the applicable agreement. Processing times may vary based on the provider and financial institution.

5. Text Messaging Terms

Wilkuma offers conversational and service-related text messaging to help with property-management inquiries, exploratory-call coordination, owner communications, property updates, guest support, service notices, and customer care. The messaging number is +1 617-990-6201.

You are responsible for ensuring that you control the mobile number you provide and for notifying us if it changes or is reassigned. Mobile telephone numbers, SMS opt-in data, and SMS consent are not sold, rented, or shared with third parties or affiliates for their marketing or promotional purposes. See our Privacy Policy for more information.

6. Acceptable Use

You agree not to:

• Use the website or services for unlawful, fraudulent, abusive, harassing, or harmful purposes.
• Provide false information, impersonate another person, or misrepresent your ownership, authority, or identity.
• Attempt to gain unauthorized access to accounts, systems, properties, data, or communications.
• Introduce malware, harmful code, automated scraping tools, or technology that disrupts the website or services.
• Copy, reproduce, republish, sell, or commercially exploit website content without permission, except as allowed by law.
• Use contact, guest, owner, or property information for unsolicited messages or unauthorized marketing.
• Interfere with another person's use of the website or violate the rights, privacy, property, or safety of any person.

7. Content and Intellectual Property

The website and its text, design, branding, graphics, photographs, software, and other content are owned by or licensed to Wilkuma and are protected by intellectual-property laws. Subject to these Terms, we grant you a limited, personal, revocable, nonexclusive, nontransferable license to access and use the website for legitimate inquiries about our services.

If you submit reviews, feedback, photographs, listing information, or other content, you represent that you have the right to provide it and that it does not violate another person's rights or applicable law. You grant us a nonexclusive, worldwide, royalty-free license to use, reproduce, adapt, distribute, and display that content to operate, improve, market, and provide our services, subject to applicable law and any more specific written agreement.

8. Third-Party Services and Platforms

The website and our services may link to or integrate with booking platforms, pricing technology, payment processors, calendars, maps, social networks, analytics providers, maintenance vendors, and other third-party services. We do not control their availability, content, security, or practices. Your use of a third-party service is subject to that provider's terms and privacy policy.

9. Disclaimers

To the fullest extent permitted by law, the website and general informational content are provided on an “as is” and “as available” basis. We do not guarantee that the website will always be uninterrupted, error-free, secure, or current.

Revenue projections, market observations, occupancy estimates, and other performance information are estimates only. Actual results vary based on property condition, location, amenities, owner availability, market demand, seasonality, competition, pricing, platform performance, weather, economic conditions, and other factors outside our control.

Nothing in these Terms excludes warranties or rights that cannot lawfully be excluded.

10. Limitation of Liability

To the fullest extent permitted by law, Wilkuma and its owners, employees, representatives, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost data, lost bookings, lost revenue, or loss of goodwill arising from use of the website or general communications.

Any liability relating to a specific property, management relationship, reservation, guest stay, payment, damage, injury, or service is subject to the applicable written agreement and law. These limitations do not apply where liability cannot legally be limited or excluded.

11. Indemnification

To the extent permitted by law, you agree to defend, indemnify, and hold harmless Twelve Sea, LLC, DBA Wilkuma Rental Management, and its owners, employees, and representatives from claims, losses, liabilities, damages, and reasonable costs arising from your unlawful misuse of the website or services, your violation of these Terms, or your violation of another person's rights. This section does not require indemnification where prohibited by law.

12. Suspension and Termination

We may restrict or suspend access to the website or communications when reasonably necessary to protect our systems, users, properties, rights, or legal obligations, or when these Terms are materially violated. Provisions that by their nature should survive termination will remain in effect, including intellectual-property, disclaimer, liability, indemnification, and governing-law provisions.

13. Governing Law and General Terms

These Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to conflict-of-law principles. Subject to any different requirement in a specific written agreement or applicable law, disputes relating to these Terms will be brought in the state or federal courts serving Berkshire County, Massachusetts, and the parties consent to those courts' jurisdiction.

If any provision is held unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver. You may not assign your rights or obligations under these Terms without our written consent. We may assign these Terms in connection with a business reorganization, transfer, or sale.

14. Changes to These Terms

We may update these Terms to reflect changes in our services, practices, or legal obligations. Updated Terms will be posted on this page with a revised effective date. Your continued use of the website or services after updated Terms become effective constitutes acceptance of the revised Terms, to the extent permitted by law.

15. Contact Us

For questions about these Terms or our text messaging program, contact us using the information below.