This Merchant Services Agreement (the “Agreement”) is between Lago Inc. (“LAGO,” “we,” “us,” or “our”) and the business or individual accepting it (“Merchant,” “you,” or “your”). It governs your use of LAGO’s marketplace and operator tools.
This temporary click-through version is intended to be replaced by a final counsel-reviewed agreement. A signed commercial agreement controls if it conflicts with this document.
1. Scope and relationship
LAGO provides marketplace, listing, booking, payment-support, messaging, and operator-management tools. LAGO is not the provider of the water experience unless a written agreement expressly says otherwise.
You operate as an independent business. This Agreement does not create an employment, partnership, joint-venture, franchise, fiduciary, or agency relationship. You may not represent that you can bind LAGO.
2. Merchant eligibility and information
You must provide accurate business, ownership, contact, tax, payout, licence, insurance, and safety information. You must keep that information current and promptly notify LAGO of any material change.
You confirm that you have authority to accept this Agreement for the business identified in your LAGO account.
3. Listings and products
You are responsible for the accuracy and legality of every listing and bookable product you publish, including its description, photos, location, availability, capacity, pricing, inclusions, exclusions, guest requirements, accessibility information, meeting instructions, cancellation terms, rental terms, and equipment details.
You must not publish misleading, discriminatory, unsafe, unlawful, infringing, or unauthorized content. You must have the rights and permissions needed for all content you provide to LAGO.
4. Fulfillment, safety, and compliance
You must honor confirmed bookings and provide the experience substantially as described. You are responsible for qualified staff, equipment, supervision, emergency procedures, vessel or equipment readiness, and day-of safety decisions.
You must obtain and maintain all permits, registrations, licences, insurance, safety certifications, vessel documents, access permissions, tax registrations, and other approvals required for your operations. You must promptly report accidents, injuries, serious complaints, missing equipment, law-enforcement contact, or other material incidents to LAGO.
5. Bookings, cancellations, and guest charges
You must keep availability and booking information accurate and communicate promptly when a booking needs to be changed, rescheduled, or cancelled.
You must apply the cancellation, weather, reschedule, no-show, damage, fuel, cleaning, late-return, and other rental terms that were disclosed to the guest. You may not impose an undisclosed charge or require payment outside the LAGO checkout flow unless the applicable listing or rental terms clearly allow it.
6. Fees, payment processing, and payouts
LAGO or its payment partner may collect guest payments, process refunds, manage payment disputes, and issue payouts to you. Platform fees, payment-processing charges, reserves, refunds, chargebacks, taxes, adjustments, and payout timing are governed by the commercial schedule shown in your LAGO account, an order form, or another written arrangement accepted by you.
You authorize LAGO to deduct amounts you owe, including applicable fees, refunds, chargebacks, reserves, taxes, and corrections, from amounts otherwise payable to you. You remain responsible for your own tax reporting and business records.
If no separate commercial schedule has been provided, the rates and payout terms displayed in your LAGO operator account before activation or booking apply.
7. Guest information and privacy
You may use guest information only to deliver, support, administer, or legally document a booking. You must protect it, restrict access to people who need it, and comply with applicable privacy and data-protection laws.
You may not sell guest information, add guests to an unrelated marketing list without valid permission, or contact guests about unrelated offers using information obtained through LAGO.
8. Content licence and reviews
You grant LAGO a non-exclusive, worldwide, royalty-free licence to host, reproduce, display, adapt, translate, and distribute the content you provide as reasonably needed to operate, improve, and market the marketplace. You retain ownership of your content and confirm that this licence does not infringe another person’s rights.
You must not manipulate reviews, pressure guests for positive reviews, retaliate against guests for honest feedback, or disclose private guest information. LAGO may remove content or restrict a listing that violates this Agreement.
9. Insurance, responsibility, and indemnity
You must maintain insurance appropriate for your activities, equipment, staff, location, and legal obligations and provide evidence when reasonably requested.
You are responsible for claims, losses, injuries, property damage, fines, penalties, taxes, costs, and expenses arising from your business, people, equipment, listings, services, or breach of this Agreement. To the extent permitted by law, you will defend and indemnify LAGO and its affiliates, officers, employees, and agents against third-party claims arising from those matters.
10. Confidentiality
You must protect non-public information LAGO shares with you and use it only for the relationship. This does not apply to information that is public through no breach, was already lawfully known, is independently developed, or must be disclosed by law.
11. Suspension and termination
LAGO may pause a listing, hold or offset a payout, limit account access, or terminate this Agreement when information is missing or inaccurate, a payment is disputed, a safety or legal concern arises, a listing is misleading, or you breach this Agreement. We will provide notice where practical and work to protect affected guests.
You may stop using LAGO by giving notice, but you remain responsible for confirmed bookings, amounts owed, confidentiality, privacy, indemnity, and other obligations that should reasonably survive termination.
12. Disclaimers and limits of liability
LAGO provides marketplace and software services on an “as available” basis and does not guarantee demand, bookings, revenue, availability, or uninterrupted operation. You remain responsible for the experience and your operations.
To the extent permitted by law, LAGO will not be liable for indirect, incidental, special, consequential, exemplary, or punitive losses, or lost profits, revenue, goodwill, or business opportunities. LAGO’s aggregate liability arising from this Agreement will not exceed the platform fees paid or payable by you to LAGO during the six months before the event giving rise to the claim, except where the law does not allow that limit.
13. Changes, governing law, and general terms
LAGO may update this Agreement when the marketplace, commercial model, or legal requirements change. We will post the current version and identify its effective date. A material change will apply prospectively and may require you to accept the new version before continuing to use affected services.
This Agreement is governed by the laws of Ontario and the applicable laws of Canada, without limiting mandatory laws that apply to your business or location. If a provision is unenforceable, the rest remains in effect. This Agreement and any accepted commercial schedule or order form are the entire agreement for the services covered here, subject to any separate written agreement signed by both parties.
Questions about this Agreement or your commercial schedule? Contact LAGO through the Operator Resources hub.
Need help? Contact LAGO Support