Terms of Service

1. Acceptance of Terms

By accessing or using the StayDesk website at staydesk.in or any associated software, applications, or services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms") and our Privacy Policy. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity. If you do not agree to these Terms, do not use the Services.

2. Description of Services

StayDesk Ltd. ("StayDesk", "we", "our") provides a cloud-based hospitality automation platform that includes:

• OCR & Identity Extraction: Automated extraction of guest information from identity documents (passports, national ID cards, visas) using optical character recognition.
• Police-Port & Registry Integration: Automated submission of guest registration data to applicable government portals as required by local law.
• AI Guest Communication: A 24/7 AI-powered WhatsApp assistant that handles guest enquiries, room information, and pre-arrival communications.
• Dashboard & Reporting: A web-based dashboard for property managers to monitor check-ins, communications, and compliance status.

We reserve the right to modify or discontinue any feature of the Services with reasonable notice.

3. Eligibility & Registration

The Services are available to businesses and individuals who are at least 18 years old and legally capable of entering into binding contracts. By registering, you represent that:

• All information you provide is accurate, current, and complete.
• You will maintain the confidentiality of your account credentials.
• You will promptly notify us of any unauthorised use of your account.
• You are responsible for all activity that occurs under your account.

4. Subscriptions & Payments

4.1 Plans & Fees

StayDesk offers monthly and annual subscription plans as described on our Pricing page. All fees are exclusive of applicable VAT or other taxes unless stated otherwise.

4.2 Billing

Subscriptions are billed in advance on a monthly or annual basis. Payments are processed by Stripe. By providing payment details, you authorise us to charge the applicable fees.

4.3 Free Trial

We offer a 7-day free trial for new customers. No credit card is required to start the trial. At the end of the trial, you may choose a paid plan or the account will revert to a read-only state.

4.4 Refunds

Monthly subscriptions are non-refundable. Annual subscriptions may be refunded on a pro-rata basis within 14 days of the renewal date if you have not substantially used the Services in that period. Contact billing@staydesk.in to request a refund.

5. Acceptable Use

You agree not to use the Services to:

• Process identity documents without lawful authority or the guest's knowledge and consent where required by law.
• Upload malware, viruses, or any harmful code.
• Attempt to gain unauthorised access to any part of the platform or related systems.
• Reverse engineer, decompile, or disassemble any portion of the Services.
• Use the Services to violate any applicable law, including data-protection, anti-discrimination, or consumer-protection legislation.
• Resell or sublicense the Services without our prior written consent.
• Interfere with the integrity or performance of the platform or its infrastructure.
• Collect or harvest user data from the platform for any purpose not expressly permitted.

Violation of this section may result in immediate suspension or termination of your account without refund.

6. Data Processing

When you upload guest identity documents or enter guest data into the platform, you act as the data controller and StayDesk acts as the data processor on your instructions. A separate Data Processing Agreement (DPA) governs this relationship and is available upon request at legal@staydesk.in.

You are responsible for ensuring you have a lawful basis to process guest data and for complying with all applicable data-protection legislation in your jurisdiction.

7. Intellectual Property

The Services and all underlying technology, software, algorithms, designs, trademarks, and content ("StayDesk IP") are owned by StayDesk Ltd. and are protected by intellectual-property laws. These Terms do not grant you any right, title, or interest in StayDesk IP beyond the limited licence to use the Services as described herein.

You retain ownership of any data you upload to the platform ("Customer Data"). You grant StayDesk a limited, non-exclusive, royalty-free licence to process Customer Data solely to provide and improve the Services.

8. Confidentiality

Each party may disclose confidential information to the other in connection with the Services. Each party agrees not to disclose the other's confidential information to third parties without prior written consent and to use it only for the purposes of this agreement, subject to customary exceptions (e.g., public domain information or mandatory legal disclosure).

9. Warranties & Disclaimers

StayDesk warrants that it will provide the Services with reasonable skill and care and in material compliance with applicable law.

Except as expressly stated, the Services are provided "as is" and "as available" without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Services will be error-free, uninterrupted, or that any OCR extraction will be 100% accurate. You are responsible for verifying extracted data before submission to government authorities.

10. Limitation of Liability

To the maximum extent permitted by law, StayDesk shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, goodwill, or regulatory fines.

Our total aggregate liability for any claims arising under or in connection with these Terms shall not exceed the greater of (a) the fees paid by you in the 12 months preceding the claim or (b) €500.

Nothing in these Terms limits liability for death or personal injury caused by negligence, fraud, or any liability that cannot be excluded under applicable law.

11. Indemnification

You agree to defend, indemnify, and hold harmless StayDesk, its officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, or costs arising from your use of the Services in violation of these Terms, your violation of any third-party rights, or any breach of applicable law.

12. Term & Termination

These Terms commence on the date you first access the Services and continue until terminated.

• By you: You may cancel your subscription at any time from within your account dashboard. Cancellation takes effect at the end of the current billing period.
• By us: We may suspend or terminate your access immediately if you breach these Terms, fail to pay, or if required by law.
• Effect: On termination, your right to access the Services ceases. We will make your Customer Data available for export for 30 days, after which it will be deleted.

13. Governing Law & Dispute Resolution

These Terms are governed by the laws of the European Union and, where applicable, the laws of Portugal (as our place of establishment), without regard to conflict-of-law provisions. Any dispute that cannot be resolved amicably shall be submitted to the exclusive jurisdiction of the competent courts of Lisbon, Portugal, unless mandatory consumer-protection law in your jurisdiction provides for a different forum.

14. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes via email or a prominent in-app notice at least 14 days before the change takes effect. Continued use of the Services after the effective date constitutes acceptance of the revised Terms.