Customer Terms

1. Who this agreement is between

Stay n Host is a software platform owned and operated by Abdul Rehman Zafar, trading as Stay n Host, Germany ("Stay n Host", "we", "us"). Our postal address is published in the imprint. You can reach us atinfo@staynhost.com.

"You" or "the Customer" is the business that creates a workspace on Stay n Host. The person who accepts these terms does so on behalf of that business and confirms that they are authorised to bind it. Stay n Host is offered to businesses only. It is not offered to consumers, and you confirm that you use it for your trade, business or profession.

If Stay n Host is later transferred to a company formed to operate it, these terms continue with that company in our place. We will tell you when that happens and ask you to accept the updated version.

2. What these terms cover

These Customer Terms, the Data Processing Agreement (which forms part of them), and the plan and pricing published at staynhost.com/pricingmake up the whole agreement. Each person you invite into your workspace also accepts theWorkspace User Terms, which sit alongside this agreement and do not replace it. If you have signed a separate written order with us, the order wins where the two differ.

3. The service

Stay n Host is property-management software for short-term rentals, provided over the internet as a service. We host it, maintain it and develop it. The features available to you depend on your plan. What the product does today is published at staynhost.com/roadmap; please do not subscribe in reliance on anything listed there as planned rather than live.

4. Who owns Stay n Host

Stay n Host, including its software, source code, design, databases and data models, documentation, the name "Stay n Host", its logos and every improvement to any of them, belongs to us and our licensors. These terms give you a right to USE the service. They do not sell, assign or license the software to you, and nothing you pay us transfers any ownership in it.

For as long as your subscription is active and you comply with these terms, we grant you a limited, non-exclusive, non-transferable right, with no right to sublicense, for the people you authorise to use the service for your own business operations.

5. What you may not do with the software

You agree that you will not, and will not allow anyone else to:

• resell, sublicense, rent, lend, or otherwise make Stay n Host available to any third party as a product or service of your own, including to other property operators;
• present Stay n Host, or any part of it, as software that you or anyone other than us developed or owns, in any sales, marketing, investor or customer material;
• remove, hide, cover or alter the "Stay n Host" name, logo, "Powered by Stay n Host" notice or any other ownership notice in the product, in emails it sends or in documents it produces. You may add your own logo and colours where the product offers it ("workspace branding"); our name stays visible beside them. No plan includes white labelling, and no member of our team can agree to it except in a written agreement signed by the owner;
• copy, modify, translate or create derivative works of the software, or decompile, disassemble or reverse engineer it, except to the extent the law expressly permits this and cannot be excluded by contract;
• use the service, its screens, its documentation or its output to build, train or design a product that competes with it, or scrape or systematically extract it for that purpose;
• register or use a business name, domain name, trademark or social account that includes "Stay n Host" or is confusingly similar to it;
• access another workspace's data, probe the isolation between workspaces (except in a security report made to us first), or interfere with the service for other customers;
• use the service to break the law, including the tax, tourism, licensing, consumer-protection and short-term-letting rules that apply where your properties are.

If you breach this section, we may suspend access immediately (section 13) and we keep every remedy the law gives us, including injunctive relief and damages.

6. Your workspace and your people

You decide who is invited into your workspace, which roles and properties they hold, and when their access ends. You are responsible for what they do in it as if you had done it yourself. Make sure each of them accepts the Workspace User Terms (the product asks them to) and keeps their sign-in to themselves. Tell us promptly if you believe an account has been compromised.

7. Your data, and who is responsible for it

Everything you and your people put into your workspace, including guest, owner, investor, staff and booking records, identity documents, financial records, photographs and messages ("Workspace Data"), belongs to you, and the responsibility for it is yours. In particular you are responsible for:

• having a lawful basis, and any consent or notice the law requires, for every piece of personal data you collect and store;
• the accuracy of your records, and for the bookkeeping, tax filings and statements to owners and investors you produce from them;
• the messages you send to guests through the service, and their compliance with the rules of the channel that carries them;
• answering the people your data is about when they exercise their rights, with our help as set out in the Data Processing Agreement.

For Workspace Data you are the controller and we are your processor under the GDPR. We process it only to provide the service to you and on your instructions, under theData Processing Agreement. We do not sell it, we do not license it to third parties, and we do not use it to train machine-learning models. You can export it at any time. How we handle the personal data we control ourselves (your account, billing and correspondence) is described in the privacy policy.

We may use aggregated, anonymised measurements of how the service is used (for example how many bookings a feature handles) to operate and improve it, provided nobody, including you, your guests or your business, can be identified from them.

8. Feedback

If you or your people suggest improvements, we may use the suggestion freely and without obligation to you. Suggestions do not give you any right in the software.

9. Trials, fees and billing

• A trial gives access to the plan you chose for the period shown when you created the workspace, without card details. It does not convert to a paid subscription automatically.
• Subscriptions are billed in advance, monthly or annually, at the published rate for your plan plus any extra properties or seats you add. Prices exclude VAT and other taxes, which are added where the law requires.
• If we change a published price, your current rate holds until the end of the paid term, and we tell you before the change applies on renewal.
• Payments your guests make to you are yours and do not pass through us.
• If an invoice stays unpaid after a reminder, we may restrict the workspace to reading and paying. We will not delete your data because an invoice is late.

10. Third parties you connect

Connecting a channel such as Airbnb, a messaging platform such as WhatsApp, a smart lock or a payment provider means agreeing to that provider's own terms, using your own account. We are not a party to those agreements and are not responsible for an outage, policy change or account action on their side.

11. Availability and changes to the service

We aim to keep the service available and to give notice before planned maintenance. We do not currently offer a service-level agreement. We may change, add or remove features, provided we do not remove a core function of your paid plan during a paid term without offering you a pro-rata refund.

12. Liability

We are liable without limitation for damage caused intentionally or by gross negligence, for injury to life, body or health, under the German Product Liability Act, and where we have given a guarantee.

For slight negligence we are liable only if we breach an obligation whose fulfilment makes the proper performance of this agreement possible at all and on which you may regularly rely (a "cardinal obligation"), and then only for the damage that was typical and foreseeable when the agreement was made. In that case our total liability in any twelve months is limited to the fees you paid us in those twelve months. Otherwise we are not liable for slight negligence.

The service is a tool. We do not give tax, accounting, legal or pricing advice, and decisions you make with the help of the service remain yours. You are responsible for keeping your own copies of records the law requires you to keep.

You will indemnify us against third-party claims that arise from Workspace Data you were not entitled to process, or from your breach of section 5, unless you were not at fault.

13. Suspension and ending the agreement

You may cancel at any time, effective at the end of your paid term. We may end the agreement with thirty days' notice, or immediately for good cause. Good cause includes a breach of section 5, a material breach you do not fix within fourteen days of notice, or use of the service that puts other customers or the service at risk. Where it is reasonable to do so we may suspend access instead of ending the agreement, and restore it once the cause is removed.

When the agreement ends, your right to use the service ends. For thirty days afterwards you can ask us for an export of your Workspace Data; after that we delete it, except where the law requires us to keep it. Sections 4, 5, 7, 8, 12 and 15 continue after the agreement ends.

14. Changes to these terms

We may update these terms. Each version is dated at the top of this page. When we publish a new version, the product asks a workspace administrator to accept it, and each member to accept the updated Workspace User Terms, before they continue. If you do not agree to a new version, you may cancel under section 13 and receive a pro-rata refund of fees paid for the period after the change.

15. Governing law and courts

These terms are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. The courts of Berlin, Germany have exclusive jurisdiction over disputes arising from or in connection with this agreement, to the extent the law allows a choice of court. If any provision is invalid, the rest of the agreement remains in force.

16. Contact

Questions about these terms: info@staynhost.com.