Last updated: 7th of February 2023

Please carefully read these Terms and Conditions of Use (the “Terms”) before using the staytus.com website or any other website operated by Staytus (collectively, the “Staytus Website”) or any Staytus mobile software application (collectively, the “Staytus App”). The Staytus Website and the Staytus App (separately or collectively, the “Service”) are provided, owned and operated by Staytus Ltd (BVI) and its affiliates (“Staytus”, “us” or “we”).

PLEASE READ THESE TERMS CAREFULLY AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND STAYTUS. By accessing or using any part of the Service, you confirm that you are at least 18 years of age and you agree to be bound by these Terms. If you are below 18 years of age or you do not agree to the Terms, Staytus does not grant you permission to, and you must not, access or use the Service.

All references to Staytus include its agents, employees, officers, spokespersons and other affiliates.

Introduction:

The Service is designed for use by guests, visitors, and prospective guests (each a “Subscriber”) of hotels and resorts. You become a Subscriber by using the Service.

The Service provides time-sensitive information, such as personal messages, restaurant opening hours, special privileges, discounts and limited-time offers (the “Hotel Information”) from a hotel or resort property that is a member of the Staytus program (the “Member Hotel”) to a Subscriber. The Service also allows Subscribers to interact with the Member Hotel in various ways, such as by asking questions, making requests, making restaurant table reservations, making purchases and placing orders (the “Guest Interactions”) with the Member Hotel. The Hotel Information and Guest Interactions are sent to and from the Service through a combination of background content updates, interactive sessions, and occasional push notifications according to the Subscriber’s link to a Member Hotel.

The Subscriber’s selected link to a specific Member Hotel may be governed by the Subscriber’s manual selection of a Member Hotel, the mobile device’s physical proximity to a Member Hotel, the Subscriber’s bookings at such Member Hotel, and/or other means such as the use of an Invitation Key from such Member Hotel.

Changes

We may change, update, add, remove, or otherwise amend these Terms or our Privacy Policy at any time. We will inform you of any modifications to these Terms by posting them on the staytus.com website and in the Staytus App, and without any specific notice to you. By your continued use of the Service, you accept the Terms and the Privacy Policy, as modified at the time of such use. If you do not agree to the Terms or the Privacy Policy, as modified from time to time, then you must not use or access the Service.

How the Staytus App Works:

In the Terms, the word “you” refers to a Subscriber. The Staytus App may be downloaded from the Apple App Store or the Google Play Store for free, or may be accessed on the web via URL, link, or QR code. Use of the Staytus App is also completely free. Staytus does not charge any fees to the Subscriber whatsoever. A Subscriber whose app is linked to a Member Hotel will receive Information about events, activities and offers available to the Subscriber at the Member Hotel. The Information is sent to the Staytus App through a combination of background content updates, occasional push notifications, and content feeds. The Subscriber’s link to a Member Hotel may be governed by the mobile device’s physical proximity to such Member Hotel, the Subscriber’s manual selection, and/or whether the Staytus App has scanned an Invitation Key from such Member Hotel.

Information, including special offers and privileges, may vary between Subscribers.

Access and Use of the Service

No one under 18 is allowed to create an account or use of the Service. By using the Service, you agree that you are at least 18 years of age or, if you are under 18 years of age (a “Minor”), that you are using the Platform with the consent of your parent or legal guardian and you have received your parent’s or legal guardian’s permission to use the Service and agree to these Terms. Subject to compliance with these Terms, we are granting you a limited, personal, non-exclusive and non transferable license to access and use the Service, and any content, information, and related materials that may be made available through the Service, in each case solely for your personal, noncommercial use. You have no other rights in the Staytus Website, the Staytus App, or the Services, and any rights not expressly granted in these Terms are reserved by us. You may not (i) modify, disassemble, decompile or reverse engineer the Staytus App, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Staytus App to any third-party; or (iii) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Staytus App.

Disclaimer of Warranties

THE WEBSITE, THE STAYTUS APP, AND THE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE EXTENT PERMITTED BY LAW AND EXCEPT AS EXPLICITLY STATED HEREIN, WITHOUT WARRANTIES EXPRESS, IMPLIED, OR STATUTORY. WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, OR SATISFACTORY QUALITY. Staytus is not a party to any agreements between any Subscriber and any Member Hotel. Staytus shall not be held responsible for any service, behavior, representation, omission, or any action whatsoever made or not made by any Member Hotel. In case of any breach of any agreement between a Subscriber and a Member Hotel, the Subscriber shall not hold Staytus responsible.

Staytus shall have no responsibility if a Subscriber refuses to comply with these Terms.

STAYTUS MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE, THAT THE WEBSITE, THE STAYTUS APP AND/OR THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT YOUR USE OF THE PLATFORM WILL BE UNINTERRUPTED, AVAILABLE, OR ACCURATE. Staytus does not provide guarantees of any discounts, privileges, offers, or information. Staytus does not provide refunds, and you as a Subscriber understand that Staytus is unable to assure that a privilege or offer from a Member Hotel will be supplied as referenced in the Information, or at all. Staytus has the right to suspend or cancel any Information, including any discount, offer or privilege, at any time and for any reason or no reason.

Limitation of Liability

YOU ARE USING THE WEBSITE, THE STAYTUS APP, AND SERVICES AT YOUR SOLE RISK. WE SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR USE OF THE SERVICE. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, EXTRAORDINARY, PUNITIVE, SPECIAL, INCIDENTAL, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES RESULTING FROM LOSS OF DATA, REVENUE, LOST PROFITS, COST OF SUBSTITUTE GOODS AND SERVICES, PERSONAL INJURY, PROPERTY DAMAGE, OR OTHER ECONOMIC ADVANTAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE WEBSITE, THE STAYTUS APP, OR THE SERVICE, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF STAYTUS, EVEN IF STAYTUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Purchases

If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your hotel room number, credit card information, contact information and/or demographic information. Purchases are made via the Member Hotel directly, and not via the Staytus App.

Links To Other Web Sites

The Service may contain links to third party web sites or services that are not owned or controlled by Staytus. If you use these links, you may leave the Service.

Staytus has no control over, and we are not responsible for the content, practices, or any other aspect of any third party websites or services, including their collection and use of information about you. You further acknowledge and agree that Staytus shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services. If you decide to access any third-party websites linked to from the Service, you do so entirely at your own risk and you must follow the privacy policies and terms of use for those third-party websites.

Privacy Policy

We respect the information that you provide to us, and want to be sure you fully understand exactly how we use that information. Please review our privacy policy, which explains our privacy practices and provides information about your rights and choices with respect to your personal information.

Changes:

We reserve the right to designate in the future that certain of our Services are governed by separate terms.

Any amendment to or waiver of our Terms requires our express consent. You have the right to terminate your relationship with Staytus at any time by following the procedures described in our privacy policy.

We may amend or update these Terms from time to time. Unless otherwise required by law, we will provide you at least 30 days’ notice of amendments to our Terms, which will give you the opportunity to review the revised Terms before continuing to use our Services. Notice will be given by posting the new Terms here. We will also update the “Last Modified” date at the top of our Terms. Changes to these Terms shall become effective no sooner than 30 days after we provide notice of planned changes. Please note that we may not be able to provide such notice for changes to these Terms that are required to address technical evolutions of our Services or for changes made for legal reasons, both of which will become effective immediately. Your continued use of our Services following the notice period of planned changes confirms your acceptance of our Terms, as amended. We hope you will continue using the Service, but if you do not agree to our Terms, as amended, you must stop using the Service by deleting your account.

Contact Us:

If you have any questions about these Terms, please contact us at [email protected]