Staymulate · Legal

Terms of Service

Market:GlobalIndiaSingaporeCanada / QuebecThailandIndonesiaAustralia
This is a working draft pending external legal review. Final language will appear here once our lawyer signs off; until then, treat this as our good-faith intent — not a binding contract.

Staymulate — Terms of Service

Version 1.0 first draft. Status: AWAITING LAWYER REVIEW.

§1 — What Staymulate is and is not

Staymulate is a software-as-a-service (SaaS) hospitality operating system for boutique villas and small hotels (1-15 rooms). It provides automation, AI-assisted analysis, communication tools, and dashboards. Staymulate is software, not a hotel manager. See disclaimer.md for the full plain-language summary of what Staymulate does and does not do.

By using Staymulate, you (the property owner) agree:

  1. You remain the legal employer of all staff at your property.
  2. You remain in the contractual relationship with all your guests.
  3. You remain responsible for all OTA listings, financial reporting, and regulatory compliance.
  4. Staymulate provides software tools to help you fulfil those responsibilities; it does not assume them.

§2 — Eligibility and account

You may create a Staymulate account if:

You are responsible for the security of your account credentials and for all activity that occurs under your account.

§3 — AI use disclosure

Staymulate uses AI for several core features. The full disclosure is in ai_disclosure.md and is presented proactively on first contact with any user (staff, guest, or owner). By signing this agreement, you acknowledge that:

  1. Some replies sent in your property's name will be drafted or sent by AI without prior human review (transcription, classification, real-time guest responses).
  2. Other replies will be AI-drafted but will require your approval before being sent (content captions, review responses, DNA extraction).
  3. Staymulate identifies as AI when directly asked — this is non-overridable.
  4. You are a joint controller with Staymulate for AI-derived inferences about your property data — see the DPA data_processing_agreement.md §4 for the detailed scope.

§4 — Pricing and payment

The current pricing tiers are documented in the Staymulate sales materials and confirmed in the engagement letter signed at onboarding. The pricing tier you sign for is locked for the duration of your initial contract term unless both parties agree to a change.

Payment terms:

Late payment:

§5 — Service tiers and SLA

Staymulate operates on three message-state tiers:

The transition from silent to live is performed by you, on your command, after your acceptance testing is complete. Staymulate does not flip the switch on your behalf without your explicit instruction.

The SLA is defined in your engagement letter. Default SLA targets (subject to per-customer negotiation):

§6 — Customer responsibilities

You agree to:

  1. Provide accurate information about your property and update it when material facts change
  2. Verify the AI-generated outputs before publishing them externally (especially OCR extractions, content captions, and review responses)
  3. Maintain the lawful basis for processing any guest or staff data you put into Staymulate
  4. Notify Staymulate within 24 hours of any data breach, security incident, or material complaint that involves the Staymulate service
  5. Not use Staymulate to send unsolicited commercial communications (spam) to your guests
  6. Not use Staymulate for any unlawful purpose
  7. Not attempt to reverse engineer, decompile, or otherwise extract the source code of the Staymulate software (subject to local-law exceptions for interoperability)
  8. Pay your invoices on time per §4
  9. Maintain a current escalation contact so that Autonomous Mode can be safely activated if needed

§7 — Staymulate's responsibilities

Staymulate agrees to:

  1. Provide the contracted software service per the SLA
  2. Process your data per the DPA data_processing_agreement.md
  3. Maintain reasonable security measures per the DPA §9
  4. Notify you of any data breach within 72 hours per the DPA §10
  5. Provide reasonable customer support during business hours
  6. Maintain the audit trail of all material actions taken on your data
  7. Not use your operational data to train AI models without your explicit consent
  8. Not share your data with third parties except sub-processors per the DPA §5
  9. Honour the founder unavailability clause per founder_unavailability.md

§8 — Service availability

Staymulate may experience scheduled maintenance, unscheduled outages, and Founder Unavailability Events. The interaction between these and your service entitlements is governed by:

§9 — Intellectual property

Staymulate retains all rights, title, and interest in the Staymulate software, the AI prompts, the panel review framework, and all other proprietary methods. You retain all rights to your property data, your content, and any derivative works you create using Staymulate.

You grant Staymulate a limited, revocable, non-exclusive licence to process your property data solely for the purpose of providing the service. This licence terminates when your contract terminates.

Staymulate may use anonymized, aggregated metrics about service usage for product improvement and benchmarking — never identifiable customer data per Foundation Brief D-31.

§10 — Limitation of liability

Staymulate's total liability is capped per liability_cap.md. Carve-outs apply for gross negligence, wilful misconduct, IP infringement, breach of confidentiality, fraud, and statutory penalties imposed directly by a regulator.

§11 — Termination

Either party may terminate this agreement:

On termination:

§12 — Dispute resolution

Disputes are resolved as follows:

  1. Good-faith negotiation between the parties (30 days)
  2. Mediation by a mutually agreed mediator (60 days)
  3. If mediation fails, arbitration in the seat specified in the per-market addendum

Each market addendum specifies the seat of arbitration, the governing law, and the language of arbitration. For India, the default is Mumbai under the Arbitration and Conciliation Act 1996.

§13 — Governing law

The governing law is the law of the Customer's home market per the per-market addendum (addenda/<market>.md). For any matter not covered in the addendum, the law of India applies (Staymulate's home jurisdiction).

§14 — Changes to these terms

Staymulate may modify these Terms with 30 days' notice to all customers. Material changes (anything affecting pricing, data handling, AI scope, or termination rights) require explicit re-acceptance — continued use of the service is not implicit consent for material changes. Non-material changes (clarifications, typo corrections, addendum updates) take effect after the 30-day notice without further action.

§15 — Notices

Notices are delivered:

Notices are deemed delivered 24 hours after sending, unless the sender receives a delivery failure.

§16 — Entire agreement

These Terms, the DPA, the per-market addendum, the engagement letter, the SLA, the disclaimer, the liability cap document, the AI disclosure, and the founder unavailability clause together constitute the entire agreement between the parties. Nothing said in any sales conversation, demo, or pitch deck modifies the written contract.

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Where this document is linked from

Documents incorporated by reference

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Source: standard B2B SaaS TOS structure adapted to Staymulate's hospitality + AI + solo-founder context. Version 1.0, awaiting lawyer review.

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