These Terms of Service (“Terms”) govern your access to and use of StayChatAI’s websites, software, and related services (collectively, the “Service”) offered by StayChatAI (“we,” “us,” or “our”). By using the Service, you agree to these Terms. If you are accepting on behalf of a company or other legal entity, you represent that you have authority to bind that entity.
Our Privacy Policy explains how we handle personal data. Capitalized terms used but not defined here have the meanings given in the Privacy Policy where applicable.
Summary
- What StayChatAI is: a platform for hospitality businesses to automate and manage guest conversations on WhatsApp (and related channels we support), including AI-assisted replies, templates, and inbox tools.
- Your responsibilities: comply with law, Meta/WhatsApp policies, and guest consent rules; keep account credentials secure; don’t misuse the Service.
- Our limits: the Service is provided “as is”; third parties like Meta may change or restrict messaging features beyond our control.
1. The Service
StayChatAI provides cloud-based tools to help hotels and similar properties communicate with guests via WhatsApp Business Platform and related integrations. Features may include message automation, AI-generated or AI-assisted responses, campaign and template management, analytics, and administrative controls. We may update, add, or discontinue features with reasonable notice where practicable.
Certain functionality depends on third-party services (including Meta and official WhatsApp Business APIs). Your use of those services is also subject to their terms and policies.
2. Eligibility & Accounts
You must be at least 18 years old and able to form a binding contract. You agree to provide accurate registration information and to keep it updated. You are responsible for all activity under your account and for safeguarding passwords and API keys. Notify us promptly of any unauthorized use.
We may refuse service, suspend accounts, or limit access if we reasonably believe these Terms or applicable law have been violated.
3. Subscriptions, Fees & Trials
If you purchase a paid plan, fees, billing cycles, and taxes are as stated in your order form, checkout, or separate agreement. Unless otherwise specified, subscriptions renew automatically until cancelled. We may change prices with advance notice as required by law or contract.
Free trials or pilots may convert to paid plans according to the terms presented at signup. Late or failed payments may result in suspension of the Service.
4. Acceptable Use
You will not, and will not permit others to:
- Violate applicable laws or regulations (including data protection, telecommunications, and marketing rules)
- Send spam, deceptive messages, or content that infringes others’ intellectual property or privacy
- Harass, threaten, or harm individuals, or distribute malware or illegal content
- Reverse engineer, scrape, or probe the Service except as permitted by law
- Circumvent usage limits, security controls, or billing mechanisms
- Use the Service in ways that violate Meta’s WhatsApp Commerce Policy, Business Policy, or other applicable platform rules
You are solely responsible for obtaining valid consent where required for messaging guests, honoring opt-outs, and maintaining records required by law or industry standards.
5. Customer Content & Data
You retain ownership of content, guest data, and materials you submit to the Service (“Customer Content”). You grant us a non-exclusive, worldwide license to host, process, transmit, and display Customer Content solely to provide, secure, and improve the Service and as described in our Privacy Policy.
You represent that you have all rights necessary to grant the above license and that Customer Content does not violate third-party rights or law. We may remove or restrict content that we reasonably believe violates these Terms or law.
We may use aggregated, de-identified data for analytics and product improvement.
6. AI & Automated Features
Where the Service includes AI-assisted or automated responses, outputs may be inaccurate or inappropriate. You remain responsible for reviewing communications where needed for your business, complying with hospitality and advertising standards, and ensuring guest-facing content meets your brand and legal requirements.
Do not rely on the Service as the sole source of legal, medical, or safety-critical advice.
7. Third-Party Services
The Service may integrate with WhatsApp, Meta, payment processors, hosting providers, and other third parties. Those services are provided by their respective operators. We are not responsible for third-party outages, policy changes, or actions. Your relationship with Meta/WhatsApp is between you and Meta.
8. Intellectual Property
We and our licensors own the Service, including software, branding, documentation, and our templates (excluding your Customer Content). Subject to these Terms, we grant you a limited, non-exclusive, non-transferable right to use the Service during your subscription.
Feedback you voluntarily provide may be used by us without obligation or restriction.
9. Confidentiality
Each party may receive non-public information from the other (“Confidential Information”). The receiving party will use reasonable care to protect Confidential Information and use it only for the purpose of the Service. Exceptions include information that is public, independently developed, or rightfully received from a third party.
10. Warranties Disclaimer
The Service is provided “as is” and “as available.” To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant uninterrupted or error-free operation or that the Service will meet all of your requirements.
11. Limitation of Liability
To the fullest extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, or punitive damages, or loss of profits, revenue, goodwill, or data, arising from these Terms or the Service.
Our aggregate liability for claims arising out of or related to the Service or these Terms will not exceed the greater of (a) the amounts you paid us for the Service in the twelve (12) months before the claim, or (b) if no fees applied, one hundred U.S. dollars (USD $100). Some jurisdictions do not allow certain limitations; in those cases our liability is limited to the maximum permitted by law.
12. Indemnification
You will defend, indemnify, and hold harmless StayChatAI and its affiliates, officers, and employees from claims, damages, and costs (including reasonable attorneys’ fees) arising from your Customer Content, your use of the Service in violation of these Terms or law, or your violation of third-party rights (including guests’ rights).
13. Suspension & Termination
You may stop using the Service at any time. We may suspend or terminate access for material breach, legal risk, non-payment, or extended inactivity, with notice where reasonable.
Upon termination, your right to use the Service ceases. We may delete Customer Content after a retention period consistent with our Privacy Policy and backup practices. Provisions that by nature should survive (including ownership, confidentiality, disclaimers, limitation of liability, indemnity, and governing law) will survive.
14. Changes to These Terms
We may modify these Terms by posting an updated version and updating the “Last updated” date. For material changes, we may provide additional notice (e.g., email or in-product). Continued use after the effective date constitutes acceptance. If you disagree, you must stop using the Service.
15. Governing Law & Disputes
These Terms are governed by the laws of India, without regard to conflict-of-law principles, unless mandatory local law requires otherwise.
Courts located in India will have exclusive jurisdiction over disputes, subject to any mandatory rights you may have in your country of residence. Before formal proceedings, the parties agree to attempt good-faith resolution through direct contact.
16. General
- Entire agreement: These Terms and any order form or statement of work supersede prior discussions on the same subject.
- Assignment: You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.
- Force majeure: Neither party is liable for delays due to events beyond reasonable control.
- Severability: If a provision is unenforceable, the remainder stays in effect.
17. Contact
Questions about these Terms: support@staychatai.com or staychatai@gmail.com.