Terms of Service
Last modified: August 7, 2025
These Terms of Service ("Terms") apply to all Agreement(s) (as defined in Section 1 of these Terms) on the provision of the StaySuite product and related services by ClearMindDesigns ("Supplier") to the customer named in the respective Agreement ("Customer"). These Terms form an integral part of the Agreements. The Customer's purchase, procurement, or other terms or conditions shall not apply to the Agreement, even if referred in or attached to the Customer's purchase order or other document submitted by the Customer. The Supplier and the Customer are also referred to as a "Party" and together as the "Parties".
1. DEFINITIONS
The following terms have the meanings assigned to them herein:
"Accommodation" means each apartment, real estate, house, or other accommodation or premises offered by the Customer for rent, lease, or other stay to guests through Booking Channel(s).
"Add-On Service" has the meaning as defined in Section 3.2.
"Agreement" means an agreement like a "Sales Contract" in which the Parties agree on the provision of the StaySuite product and services to the Customer.
"Booking Channel" means a third-party booking service through which the Accommodation is offered for rent, lease, or other stay to guests and/or is booked by guests.
"Customer Data" means the content, photos, videos, text, and/or any other data submitted by the Customer or any User to the StaySuite product.
"StaySuite product" means the service and software provided by ClearMindDesigns delivered via data networks.
"Personal Data" means any information relating to an identified or identifiable natural person that is Processed under the Agreement.
2. GENERAL TERMS AND CERTAIN DUTIES
The Customer warrants that it is not a consumer. The StaySuite product may not be used for the Customer's or Users' private household use and no user rights are granted for the use by consumers.
The Customer warrants that it has the right to use the StaySuite product in connection with the Accommodation and to submit the Customer Data in the StaySuite product.
Each Party shall contribute to the provision of the StaySuite product with respect to factors under the command or control of the Party.
The Customer shall, at its own expense, acquire the devices, connections, data transfer services, hardware, software, and information security services that are required for its use of the StaySuite product.
3. TERMS OF USE
Subject to the Customer's payment of the prices payable based on the Agreement, the Customer is granted a non-exclusive, non-transferable, and non-sublicensable right to use the StaySuite product during the term of the Agreement.
The Customer's right to use the StaySuite product is limited to the features initially licensed. Any Add-On Services may be subject to additional terms and priced separately.
The Customer may not use the StaySuite product to offer services to any third party or transfer access without explicit permission.
The StaySuite product may not be used in emergency communications, occupational safety and health, or in any activities where failure could lead to death, personal injury, or physical damage.
4. CUSTOMER DATA
The Customer warrants that:
- The Customer retains control over what types of Customer Data is submitted to the StaySuite product
- The Supplier is entitled to store and process the Customer Data lawfully for Agreement purposes
- Only lawful Customer Data is submitted, excluding third parties' trade secrets or privacy violations
5. PROVISION OF STAYSUITE PRODUCT
The Supplier may suspend the provision of or access to the StaySuite product:
- • If necessary for installation, change, or maintenance work
- • Due to interruption in public networks or security risks
- • If required by law or authority order
- • If misuse or breach of Terms is suspected
Important: The StaySuite product and Documentation are provided "AS IS" and "as-available." The Supplier disclaims all express or implied warranties, including merchantability and fitness for a particular purpose.
6. INTELLECTUAL PROPERTY RIGHTS
Title and any and all Intellectual Property Rights in and to the StaySuite product and the Documentation, and any copies, modifications, translations, amendments, and derivatives thereof are and shall belong to the Supplier or its licensors, except as otherwise provided by law.
7. PRICES, FEES AND PAYMENT
Pricing
Prices are agreed in the Agreement or according to Supplier's price list.
Billing
Invoices are monthly unless otherwise agreed, payable within 14 days.
Note: VAT, sales tax, duties, and other governmental charges are borne by the Customer and added to the prices and fees.
8. CONFIDENTIALITY
A Party may not disclose the other Party's Confidential Information to any third party and may not use the other Party's Confidential Information for any purpose other than fulfilling obligations and using rights arising out of the Agreement. The structure and user interfaces of the StaySuite product and their underlying ideas and the Documentation are always the Supplier's Confidential Information.
9. API
The Supplier provides the Customer with a non-exclusive, non-transferable, and revocable license to access and utilize the StaySuite API for integrating the StaySuite product with the Customer's systems and data. The Customer is required to safeguard their API key, ensuring confidentiality, and must not surpass rate limits or use the API for competing services or illegal purposes. The API is offered "as-is" without any warranties.
10. LIABILITY
Limitation of Liability:
- • No liability for indirect damages or loss of profit
- • Maximum liability limited to 10% of monthly service fees
- • Claims must be brought within 6 months
- • Limitations don't apply to gross negligence or intentional acts
11. TERM AND TERMINATION
Termination for Cause
Either Party may terminate the Agreement with immediate effect if:
- • Material breach not remedied within 14 days of written notice
- • Bankruptcy, liquidation, or material financial deterioration
12. PERSONAL DATA
Personal Data submitted to the Supplier via the StaySuite product is processed on behalf of the Customer on the basis of and until the completion of the Agreement. The Customer warrants that the Supplier and its subcontractors are entitled to store and process the Personal Data for Agreement purposes.
Personal Data may include guest information such as names, contact details, stay dates, payment information, and identification documents, processed in accordance with applicable data protection laws including GDPR, CCPA, and LGPD.
By using StaySuite, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.