Terms of Service
You are agreeing to the following terms when you sign up for StayFi Services.
By using StayFi (“Service”), you (“Client”) are agreeing to be bound by the following terms and conditions (“Terms of Service”).
StayFi inc. (“Company”) reserves the right to update and change these Terms of Service at any time without notice.
Violation of any of the terms below may result in the termination of your account.
The Client is responsible for maintaining the security of your account and password. The Company cannot and will not be liable for any loss or damage from Client’s failure to comply with this security obligation.
The Client is responsible for all content posted and activity that occurs in the Client’s account (even when content is posted by others who have their own logins under The Client’s account).
The Client may not use the Service for any illegal purpose or to violate any laws in Client’s jurisdiction (including but not limited to copyright laws)
The Client must provide a legal full name, a valid email address, and any other information requested in order to complete the signup process.
The Client may not use “bots” or other automated methods to sign up for the Service
The Client must use the Services in accordance with the Terms of Service for the Client’s own internal business purposes and may not resell or make available the Services to any third party, or otherwise commercially exploit the Services
the Client and its personnel must not use, or misuse, the Services in any way which may impair the functionality of the Underlying Systems or impair the ability of any other user to use the Services; and must not attempt to view, access or copy any material or data other than that which the Client is authorized to access
The Client is responsible for procuring all licenses, authorizations and consents required for it and its personnel to use the Services, including to use, store and input data into, and process and distribute data through the Services. The Client acknowledges and agrees that to the extent data contains personal information, in collecting, holding and processing that information through the Services, the Company is acting as an agent of the Client for the purposes of any applicable privacy law. The Client must obtain all necessary consents from the relevant individual to enable the Company to collect, use, hold and process that information.
Payment, Promotions & Refunds Terms
- Payment terms
- Service Fees for StayFi’s captive portal service & email marketing too, are charged in arrears based on Service activity in the previous month. For instance, Service activity from August will be charged on September 1.
- Service Fees are calculated based on maximum total number of Access Points active at any time during the previous month as well as active email marketing contacts. Pricing, except when separately agreed, is available at https://stayfi.com/pricing/
- Fees for other StayFi’s services, including text marketing and Switchback services are paid up front at prices listed when purchasing.
- Fee Increases
- By giving at least 30 days’ notice, The Company may increase Service Fees. If the Client does not wish to pay the increased fees, it may terminate Service on no less than 10 days’ notice, provided the notice is received by The Company before the effective date of the increase. If the Company does not terminate the Service in accordance with this clause, it is deemed to have accepted the increase.
- Overdue Amounts
- The Company may charge interest on overdue amounts. Interest will be calculated from the due date to the date of payment at an annual percentage rate equal to the prime rate plus 2% per annum.
- The Company may offer certain promotions. These promotions may change at any time.
- The Company may offer refunds at its discretion, dependent on the situation.
- New Features
- The Company may at its discretion introduce new features in the Service that are available for additional fees.
- Cancellation and Termination
- You are solely responsible for properly canceling your account. You can cancel your account at any time by email a notice of cancellation to s[email protected]. The Terms of Service shall remain in force until the Client provides written notice of cancellation.
- All of your content and data will be inaccessible from the Service immediately upon cancellation. Within 30 days, all content will be permanently deleted from backups and logs. This information can not be recovered once it has been permanently deleted.
- If you cancel the Service, you will be charged on a prorated basis for the period of activity prior to receipt of cancellation notice.
- The Company in its sole discretion, has the right to suspend or terminate the Clients account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your account. The Company reserves the right to refuse service to anyone for any reason at any time.
- The Company must use reasonable efforts to provide the Services in accordance with the Terms of Service, exercising reasonable care, skill and diligence; and using suitably skilled, experienced and qualified personnel. The Company’s provision of the Services to the Client is non-exclusive. Nothing in the Terms of Service prevents Company from providing the Services to any other person. The Company will use reasonable efforts to ensure all Services are available during normal business hours. However, it is possible that Services may be unavailable to permit maintenance or other development activity to take place, or in the event of Force Majeure. Without limiting the previous sentence, if a third party feature provider ceases to provide that feature or ceases to make that feature available on reasonable terms, Company may cease to make available that feature to the Client.
- The Company may resell other services through our application or portal. We will make our best effort to ensure those services are delivered, but the Company is not responsible or liable for refunds, complaints, or other issues related to those 3rd party services.
- Analytical Data
- The Client acknowledges and agrees that the Company may use data and information about the Client’s and the Client’s end users’ use of the Services to generate anonymized and aggregated statistical and analytical data (the “Analytical Data”), and to use Analytical Data for the Company’s internal research and product development purposes and to conduct statistical analysis and identify trends and insights, and to supply Analytical Data to third parties and publish Analytical Data for marketing purposes. The Company’s rights under this Section 5.1 will survive termination or cancellation.
- Copyright and Content Ownership
- Title to, and all Intellectual Property rights in, the Services, and all Underlying Systems is and remains the property of the Company (and its licensors). If the Client provides the Company with ideas, comments or suggestions relating to the Services or Underlying Systems (together feedback), then all Intellectual Property rights in that feedback, and anything created as a result of that feedback is owned solely by the Company. The Client may not contest or dispute that ownership, or the validity of the Intellectual Property rights.
- Each party must, unless it has the prior written consent of the other party or is authorized under this Terms of Service, keep confidential at all times the confidential information of the other party
- General Terms
- Force Majeure” means an event that is beyond the reasonable control of a party, excluding an event to the extent that it could have been avoided by a party taking reasonable steps or reasonable care.
- “Intellectual Property” means any and all of the following in any jurisdiction throughout the world (a) trademarks and service marks, including all applications and registrations, and the goodwill connected with the use of and symbolized by the foregoing, (b) copyrights, including all applications and registrations related to the foregoing, (c) trade secrets and confidential know-how, (d) patents and patent applications, (e) websites and internet domain name registrations, and (f) other intellectual property and related proprietary rights, interests and protections (including all rights to sue and recover and retain damages, costs and attorneys’ fees for past, present, and future infringement, and any other rights relating to any of the foregoing).
- “Underlying Systems” means the The Company Software, IT solutions, systems and networks (including software, hardware, and websites) used to provide the Services, including any third party solutions, systems and networks.
- “Law” means (a) any law (including the common law), statute, bylaw, rule, regulation, order, ordinance, treaty, decree, judgment, and (b) any official directive, protocol, code, guideline, notice, approval, order, policy, or other requirement of any Governmental Authority having the force of law.
- EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS TERMS OF SERVICE, NEITHER PARTY MAKES ANY WARRANTY WITH RESPECT TO ANY TECHNOLOGY, GOODS, SERVICES, RIGHTS OR OTHER SUBJECT MATTER OF THIS TERMS OF SERVICE AND EACH PARTY HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, VALIDITY AND NON-INFRINGEMENT. STAYFI INC MAKES NO REPRESENTATION CONCERNING THE QUALITY OF THE SERVICES AND DOES NOT PROMISE THAT THE SERVICES WILL MEET THE CLIENT’S REQUIREMENTS OR BE SUITABLE FOR A PARTICULAR PURPOSE, OR BE SECURE, FREE OF VIRUSES OR OTHER HARMFUL CODE, UNINTERRUPTED OR ERROR FREE.
- Maximum Liability
- Notwithstanding any provision in the Terms of Service, the maximum aggregate liability of the Company under or in connection with the The Terms of Service or relating to the Services, Equipment purchase or Data sharing, whether in contract, tort (including negligence), breach of statutory duty, breach of warranty, or otherwise, may not in any year exceed the amount equal to the fees and equipment purchases paid by the Client under the The Terms of Service in the previous year (which in the first year is deemed to be the total fees and equipment purchases paid by the Client to the date of the first event giving rise to liability, and in the second year is deemed to be the greater of (A) the fees and equipment purchases paid in the first year or (B) the fees and equipment purchases paid in the second year to the date of the first event giving rise to liability).
- Good Faith Negotiations
- Before taking any court action, a party must use best efforts to resolve any dispute under, or in connection with, the Service or Terms of Service through good faith negotiations.
- Force Majeure
- Neither party is liable to the other for any failure to perform its obligations under the Terms of Service to the extent caused by Force Majeure, provided that the affected party immediately notifies the other party and provides full information about the Force Majeure, uses best efforts to overcome the Force Majeure, and continues to perform its obligations to the extent practicable.
- A notice given by a party under the The Terms of Service must be delivered to the other party via email using the email address provided by the Client during sign up for Services and [email protected] for the Company.
- The Client represents:
- that it has the full power and authority to enter into and perform its obligations under the Terms of Service which, when signed, will constitute binding obligations on the warranting party;
- that it is not under any restriction or obligation that could affect its performance of its obligations under the Terms of Service; and
- that its execution, delivery, and performance of the Terms of Service, and the consummation of the transactions contemplated in the Terms of Service, do not or will not result in its violation or breach of any applicable Law. The Client represents The Company that it has the right to grant The Company all rights to use the Data as set forth in this The Terms of Service.
- The Client indemnifies The Company against any liability (including the actual legal fees charged by The Company’s lawyers) arising from any claim by a third party with respect to Client’s performance under the Terms of Service(including infringement of privacy rights).
- Client may not assign any of its rights or obligations under the Terms of Service without the Company’s written consent
- If any part of the Terms of Service is declared unenforceable or invalid, the remainder will continue to be valid and enforceable.
- No Third-Party Beneficiaries
- Unless explicitly stated otherwise elsewhere in the Terms of Service, no person other than the parties themselves has any rights or remedies under the Terms of Service.
Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.