1. Introduction
Welcome to StayChat ("Service"), an AI-powered guest communication platform operated by HotelOpsAI ("we," "us," or "our"). These Terms and Conditions ("Terms") govern your access to and use of our software-as-a-service platform that helps hotels and accommodation providers automate guest communication via WhatsApp and AI agents. By accessing or using StayChat, you agree to be bound by these Terms. If you do not agree, do not use the Service.
2. Acceptance of Terms
By creating an account, signing an order form, or using StayChat in any way, you confirm that:
- You have the authority to bind your organization to these Terms.
- You have read, understood, and agree to these Terms and our Privacy Policy.
- Your use of the Service will comply with all applicable laws and regulations.
If you are using the Service on behalf of a business, that business accepts these Terms and is responsible for the actions of its users.
3. Description of Service
StayChat provides a cloud-based platform that enables hotels and accommodation providers to:
- Automate guest messaging and notifications via WhatsApp.
- Use AI-driven agents for FAQs, booking confirmations, and guest support.
- Configure messaging workflows, integrations with property management systems (PMS), and analytics.
- Manage team routing and human handoff for escalated conversations.
The specific features, data limits, and availability depend on your subscription plan. We may update, add, or discontinue features with reasonable notice where practicable.
4. User Responsibilities
You agree to:
- Provide accurate account and billing information and keep it current.
- Maintain the security of your account credentials and notify us promptly of any unauthorized access.
- Use the Service only for lawful hotel and guest communication purposes consistent with these Terms.
- Obtain any required consents from guests for messaging (e.g., WhatsApp Business Policy, GDPR where applicable).
- Ensure that content you send through the Service (including templates and responses) does not infringe third-party rights or violate law.
You are responsible for all activity under your account and for the content of messages sent through StayChat.
5. Acceptable Use
You must not use the Service to:
- Send spam, unsolicited marketing, or messages that violate WhatsApp's or other applicable platform policies.
- Harass, defame, or harm any person or entity.
- Distribute malware, phishing, or fraudulent content.
- Reverse engineer, decompile, or attempt to extract source code of the Service (except as permitted by law).
- Resell or sublicense the Service without our prior written consent.
- Overload or disrupt our systems or those of third-party providers (e.g., WhatsApp).
We may suspend or terminate access for violations of this section and report activity to authorities where appropriate.
6. Account & Security
Account creation may require valid contact and business details. You must keep login credentials confidential. We implement industry-standard measures to protect data; however, you are responsible for securing your own systems and ensuring that only authorized personnel access the Service. We are not liable for losses resulting from unauthorized use of your account due to your failure to safeguard credentials.
7. Payment & Subscription Terms
Fees for the Service are as set out in your order form or pricing page and may be billed monthly or annually. You agree to pay all fees when due. Unless otherwise stated:
- Fees are in the currency specified and are non-refundable except as required by law or as explicitly stated in our refund policy.
- We may change pricing upon reasonable notice; continued use after the effective date constitutes acceptance.
- Failure to pay may result in suspension or termination of the Service.
Taxes (e.g., VAT, GST) are your responsibility unless we are required to collect them.
8. Data Privacy
We process personal data in accordance with our Privacy Policy and applicable data protection laws. By using the Service, you instruct us to process guest and user data as necessary to provide the Service. You are responsible for ensuring that your use of StayChat (including messaging guests) complies with GDPR, CCPA, and other applicable privacy laws, and that you have a lawful basis and any required consents for the data you provide to us. We act as a data processor where we process personal data on your behalf; you remain the data controller for your guest data.
9. Limitation of Liability
To the maximum extent permitted by law:
- The Service is provided "as is" and "as available." We disclaim all warranties, express or implied, including merchantability and fitness for a particular purpose.
- We are not liable for any indirect, incidental, special, consequential, or punitive damages (including loss of profits, data, or business opportunity) arising from or related to the Service or these Terms.
- Our total aggregate liability for any claims arising from or related to the Service or these Terms shall not exceed the fees paid by you for the Service in the twelve (12) months preceding the claim.
Some jurisdictions do not allow certain limitations; in such cases, our liability is limited to the fullest extent permitted by law.
10. Intellectual Property
We and our licensors retain all right, title, and interest in and to StayChat, including the software, design, branding, and documentation. You receive only a limited, non-exclusive, non-transferable right to use the Service in accordance with these Terms. You do not acquire any ownership in our intellectual property. Feedback or suggestions you provide may be used by us without obligation to you.
11. Service Availability
We strive to maintain high availability but do not guarantee uninterrupted or error-free operation. The Service may be temporarily unavailable for maintenance, updates, or due to factors outside our control (e.g., third-party APIs, connectivity). We are not liable for downtime or data loss resulting from such unavailability, except where required by applicable law.
12. Termination
You may cancel your subscription in accordance with your plan terms. We may suspend or terminate your access immediately if you breach these Terms, fail to pay fees, or for legal or regulatory reasons. Upon termination, your right to use the Service ceases. We may retain and use data as described in our Privacy Policy. Sections that by their nature should survive (including Limitation of Liability, Intellectual Property, and Governing Law) will survive termination.
13. Changes to Terms
We may update these Terms from time to time. We will post the revised Terms on our website and indicate the date of the last update. Material changes will be communicated via email or in-product notice where appropriate. Continued use of the Service after the effective date of changes constitutes acceptance. If you do not agree, you must stop using the Service and may cancel your subscription.
14. Governing Law
These Terms are governed by the laws of India, without regard to conflict of law principles. Any disputes arising from or related to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of India, unless otherwise required by mandatory law in your jurisdiction.
15. Contact Information
For questions about these Terms and Conditions or the Service, please contact us:
- HotelOpsAI / StayChat
- Email: sales@hotelops.ai
- Phone: +91 95620 01115
Thank you for choosing StayChat by HotelOpsAI.