Términos y Condiciones
Latest update June 15th 2022
1. These License General Terms and Conditions (hereinafter referred to as “the LGTC”) regulate relationships between contractual parties, with the company MyStay s.r.o., ID No.: 037 70 010, Tax ID No.: CZ03770010, with registered office at Korunovační 704/14 , Prague 7, 170 00, Czech Republic, incorporated in the Register of companies administered by the municipal court in Prague, file No. C 294381, as the License Provider (hereinafter referred to as “the MyStay“ or “the Provider“) on one side, and the Licensee, the accommodation facility operator (hereinafter referred to as “the Licensee“).
2. Subject of LGTC
2.1. The Provider hereby states that it is an owner of property rights for a software, which constitutes the system “MyStay” (hereinafter referred to as “the MyStay system”, or only “the System”) and that it is authorised to provide the Licensee with the right to use the MyStay system.
2.2. The Licensee is the operator of the accommodation facility.
2.3. By expressing the Licensee ́s consent to these LGTC the License Agreement is concluded by and between the Provider and the Licensee, on which basis the Provider provides the Licensee with the authorization to exercise the right to use the MyStay system in the scope and under the conditions as stipulated hereinafter (“License”), and the Licensee hereby undertakes to pay to the Provider the fee as stipulated in the Order Form (hereinafter also referred to as “the Form”) which is part of these LGTC in case of the usage of the payed version of the Systém (hereinafter also referred to as “the Cooperation” or “the License Agreement”).
3. MyStay System Specification
3.1. The MyStay system is a software consisting of the Guest Web (hereinafter referred to as “Guest Web“), MyAdmin system (hereinafter referred to as “the MyAdmin“) for administration and the Licensee ́s profile operation in Guest Web and on request MyStay mobile application (hereinafter referred to as “the Application“) containing the Licensee ́s profile running in mobile devices with operation systems Android OS and iOS and Checkin/Checkout Kiosk application (hereinafter referred to as “Kiosk“) upon request. More information on the MyStay system is presented at the website www.gomystay.com. MyAdmin is able to send SMS and e-mails to guests. The Licensee can send unlimited amount of SMS from the MyAdmin.
3.2. The System is running in an English version, other available language versions shall be offered to the Licensee simultaneously with the System extension for an additional fee. Any other unavailable language versions can be added on request for an additional fee.
3.3. The System has been offered in these versions UPSELL, CHECK-IN, CHECK-OUT. System extensions or new functions (hereinafter referred to as “Upgrades”) are not part of the basic updates of the System. The Licensee is able to request the Upgrade and use it for additional fee.
3.4. An extra product is SUPER LIGHT KIOSK and LIGHT KIOSK, which can be requested by the Licensee only as an extension of the CHECKIN or CHECKOUT version.
3.5. Another extra product is IN HOUSE TABLET, which can be requested by the Licensee as upgrade of any version or as separate product.
3.6. Another extra product is QR code, which can be used by the Licensee as upgrade of any version or as separate product.
3.7. The Licensee hereby acknowledges that the Provider has been developing the System continuously; the Provider may update the same, and the System features including the System name may be changed anytime and without the necessity of the Licensee ́s approval. Nevertheless, the Provider shall always inform the Licensee about the System changes.
3.8. The subject of this particular License is the System in UPSELL, CHECK-IN, CHECK-OUT version, SUPER LIGHT KIOSK, LIGHT KIOSK, IN HOUSE TABLET, QR codes and UPGRADES. The Contractual Parties may change the version as cited above in the previous sentence by means of a separate agreement anytime.
3.9. The Licensee is authorized, in the scope of the License, to use only its own profile in the System, and it’s account in MyAdmin too.
3.10. Additional functions can be added on request and for a fee. The Licensee requests a function to be added by the Provider. The Provider may refuse the function without giving reasons or agree on a joint product assignment with the Licensee.
3.11. The development of new functions, if the Licensee requests a new component then the Provider hands over a time proposal and costs. After acceptance by the Licensee, the Provider develops the function within agreed time and the Licensee pays for the given development of the component. With a larger volume of work, the Provider and the Licensee can agree on advance payments.
3.12. In the case of KIOSK purchase, the Licensee is obliged to choose the hardware device, its size and color according to the Provider’s catalog. If the Licensee purchases its own tablet, it is necessary to confirm its compatibility with MyStay in advance. If this is not done, Mystay is not responsible for the functionality of the MyStay system.
3.13. KIOSK can be used only with integration into a hotel management system (hereinafter referred to as “PMS”) and with integration into a key management system (hereinafter referred to as “KMS”). The price is always set separately depending on the PMS and KMS.
4. License Terms and Conditions
4.1. The Provider provides, by expressing the Licensee ́s consent to these LGTC, the Licensee with the authorization to exercise the right to use the System under the terms and conditions as determined in this article of the LGTC (License).
4.2. The License has been granted for the License Agreement term. The Licensee is authorized to use the System by creating its own profile and using of all its functions in accordance with the System interface in the particular version. The Licensee is not entitled to modify or alter the System in any way, except for the setting allowed by the System.
4.3. The License has been granted as a non-exclusive and non-sole, i. e. the Provider is entitled to use the System by itself too, or to provide any third party with the authorization for the System use.
4.4 The Licensee is not entitled to grant any sub-license to use the System to any third parties, or to provide them with the System or with access to the same in any way; this does not apply to the access to the System provided to the guests in the Licensee ́s accommodation facility, or to the Licensee ́s employees, which arises from the very nature of the System.
4.5. The Licensee undertakes to distribute the System to guests in the accommodation facility by means of all promotion tools available for example setting up Wifi landing page, adding a link to the confirmation e-mail, sending welcome SMS and other automatic messages, using posters at the reception desk, rooms, QR codes and others approved by the Provider.
4.6. The License, pursuant to this article, is always applicable for the System in the particular version as chosen by the Licensee. The License is also applicable for all future modifications, alterations, and extensions of the System particular version made during the License Agreement term.
4.7. If the Licensee inserts any content in its profile in the System by means of the relevant function, the Licensee hereby obliges to arrange for a full authorization for such treatment of the content, and the Licensee shall be fully responsible towards the Provider for any and all damage arisen to the Provider from the infringement of that obligation. This covers also the case when Licensee uses the content automatically generated by the System which he authorised.The Licensee, at the same time, shall provide the Provider for free with a license to use all of such content for an indefinite period of time for the purpose of the content integration in the System. If the content represents information on the accommodation facility and its surroundings, the license shall be provided to the Provider for the purpose of any integration in the System, i. e. also in other people’s profiles.
4.8. The Licensee uses the System for its profile administration by itself, if not agreed differently. The Provider is not entitled to interfere in the content of the profile, unless the profile violates legal regulations or is inconsistent with the graphic or content requirements for the Provider’s System. In such a case, the Licensee will be notified of the modifications.
5. License Fee and Payment Conditions
5.1. The price of the UPSELL, CHECKIN, CHECKOUT, UPGRADES, IN ROOM TABLET, QR codes and KIOSK versions is determined according to the Price List and stated in the Form or in the Contract.
5.2. The Provider is entitled to change the Price List unilaterally by sending a new version of the same to the Licensee, and the newly sent off Price List comes into effect on the first day of the month following the month in which the Price List was delivered to the Licensee; if the Licensee has already paid the fee in advance, the new Price List shall only apply to the fee for the next so far unpaid invoicing period. In case of the license fee increase the Licensee may, within 7 days from the new Price List delivery, terminate the Cooperation with effect.
5.3. The first payment is charged on the following day after the Form or Contract is signed. The Licensee undertakes to settle the license fee in advance on a monthly, quarterly or yearly basis by a chosen payment method. The payment is going to be charged every time on the same day as the first payment was proceed. The license fee is deducted regularly from the Licensee from the payment card, unless the parties agree otherwise. The fee shall be due, at the latest, on the last day of the calendar month preceding the month, for which it is paid. The fee is paid in advance, no later than on the last calendar day of the month prior the month of using the System. The license fee is fixed according in the Form or the Contract.
5.4. Based on the Contractual Parties ́ prior agreement, the Licensee may also pre-pay the fee for a longer period of time under more advantageous conditions.
5.5. The price for one SMS depends on the guest’s country, the current price list can be viewed in the MyAdmin Billing section. The price may vary depending on the current prices of the SMS provider. The Licensee buys a credit in MyAdmin in the Billing section using a payment card. SMS will be deducted from the purchased credit. Before the credit is used up, the Licensee will be notified by email regarding the low credit. One SMS has 159 characters.
5.6. The amount of the fee is always without VAT, if not otherwise expressly stipulated. The VAT shall be accounted in accordance with the legal regulations as applicable.
5.7. In case of the Licensee ́s license fee late payment the Provider shall be entitled to deactivate the System until all debt amounts are settled by the Licensee. However, the Provider will notify the Licensee at least two working days in advance by e-mail when the System is deactivated.
5.8. If Licensee is interested in connection, they can use available integrated partners for fee according to the pricelist of the provider. If the required partner is not available in the system, availability and the price is mandatory to communicate with the partner and the Provider.
5.9. The man-day rate (hereinafter referred to as “MD”) follows the current price list. MD includes 8 hours of work. The MD rate may be increased by the Provider. The rate increase must be confirmed by the Licensee at least one month in advance. Any increased MD rate does not apply to the already agreed development of new functions / components.
5.10. The Licensee has the option of using the online payment function, which is provided in cooperation with Stripe company (hereinafter referred to as the “Payment Gateway Provider”) under the conditions agreed between The Licensee and the Payment Gateway Provider. Creating an account with the Payment Gateway Provider is free of charge, without monthly fees. The Provider charges a fee up to 2% for the completed transaction, if not agreed differently.
5.11. According to 3.11. KIOSK hardware is determined according to the Price List and includes at least a tablet. Other hardware is used according to the options available in the accommodation, depending on KMS that the Licensee owns and uses.
5.12. The shipping costs for the hardware are paid by the Licensee. The hardware is sent by a transport service, which is selected and approved by the Licensee.
5.13. The kiosk setup, its installation and integration into the PMS and KMS are determined according to the Price List.
5.14 The Licensee has the option of hibernation mode for a period of time which is determined by the Provider. In this mode, the current state of the System is saved for a period of time. The price is determined according to the Price List.
6. Abatement for System Complete Inoperability
6.1. The Provider guarantees the 98% System availability per year. In case the System complete inoperability occurs contrary to the guaranteed availability, the Licensee is entitled to an additional abatement of the really paid monthly license fee at amount corresponding with the time of the System complete inoperability occurrence in the month, for which the license fee is paid.
6.2. The System complete inoperability is considered, for the purpose of this article of these Terms and Conditions, the status of the System when the Licensee and the guests in the accommodation facility are not able at all to use the System due to reasons on the Provider ́s side; the impossibility of using only certain functions of the System is not considered the complete inoperability. According to 6.1. the system inoperability is not considered if it’s caused by a third party such as PMS or KMS.
6.3. In case of system inoperability, it is necessary to email us at firstname.lastname@example.org.
6.4. The Licensee is entitled to the provision of technical support only when it has no overdue payables towards the Provider.
7. System Updating and User Assistance
7.1. The Provider obliged to provide for basic updates of the System issued to improve its functions and remove possible faults in a maximum amount of 12 hours per month. This maintenance is not included in the guaranteed availability according to article 6.1.
7.2. The Provider moreover undertakes, for the Cooperation term, to remove the System possible faults as reported by the Licensee within reasonable terms. System extensions or new functions (hereinafter referred to as “Upgrades”) are not part of the basic upgrade of the System.
7.3. The Licensee is provided with a basic user assistance via e-mail: email@example.com, to which the Licensee shall address all its questions and comments. All versions contain one time support in 30 minutes duration for System setup and 30 minutes duration for technical support per month. Unused minutes are not carried to the next month. Support is provided via e-mails and phone calls. If Licensee overreaches the support limit, every extra 30 minutes costs 20 EUR without VAT.
7.4. The Licensee is entitled to the provision of the user assistance only when it has no overdue payables towards the Provider.
7.5. The price of the basic updates of the System and the user assistance pursuant according to article 7.3. is included in the license fee.
7.6. The Licensee acknowledges that the Kiosk is integrated with multiple systems which may require the assistance of the Licensee’s IT technician, PMS technician, KMS and possible other systems. The Licensee is obliged to provide a technically competent contact person (hereinafter referred to as ”Technician”) The Technician is obliged to ensure the necessary cooperation during the installation, testing, integration, possible repairs and follow the Provider’s instructions regarding updates of any Kiosk version. The Licensee acknowledges that the assistance of Licensee’s Technician is required after Kiosk installation. This person is listed in the contract as the person responsible for the Kiosk.
7.7. In case of using the KIOSK version, the Licensee is obliged to install remote access, if not doing so the Provider may charge 30% more for the Kiosk license fee.
8. KIOSK hardware complaints
8.1. To request a refund or repair, which is caused by the functionality of the material, not mechanical damage by a third party, the Licensee is obliged to report it to the Provider within 14 days by sending an email at firstname.lastname@example.org including description of the defect and attached photo or video. The Licensee is responsible for the cost of shipping the return kiosk hardware to the Provider. Shipping charges are non-refundable. The Providerr is responsible for the cost of shipping new or repaired hardware to the Licensee. If new or repaired hardware does not arrive within 14 days of shipment, it must be reported to the Provider by telephone or email to email@example.com no later than 7 days from the given date. If new or repaired hardware arrives damaged, it must be photographed and reported to the Provider immediately upon receipt of the shipment. Complaints of purchased hardware will be resolved individually according to the type of purchased HW.
8.2. If a mechanical damage occurs to the hardware caused by the Licennsee or a third party, the Provider is not liable for the damage and the hardware will not be claimed. The Licensee will pay all costs for repair or replacement and logistics itself. Furthermore, the claim does not apply to (a) to consumable parts, such as batteries or protective coatings that are designed to diminish over time, unless failure has occurred due to a defect in materials or workmanship; (b) to cosmetic damage, including but not limited to scratches, dents and broken plastic on connectors; (c) to damage caused by use with another product; (d) to damage caused by accident, abuse, misuse, liquid contact, fire, earthquake or other external cause.
8.3. If the Licensee purchases its own Kiosk hardware, regarding to article 8.1 does not apply. The Provider is not liable for any damages caused by using the Kiosk version and the Provider is also not liable for damage to the hardware.
9. Other Rights and Obligations of Contractual Parties
9.1. The Provider is not liable for any harm or damage arisen to the Licensee in connection with the System use or in connection with the impossibility of its using.
9.2. The Contractual Party may use the name of the other Contractual Party, its logo, or other content for marketing purposes even without the other Contractual Party´s prior approval.
9.3. The Provider is not liable for interference with the System by the Internet e-shops App store and Google Play.
9.4. The Provider is not liable for stoppages of any third parties.
9.5. The Licensee hereby undertakes to provide, as a part of its profile in the Special offer section, the users with benefits and discount vouchers for the MyStay users ́ advantage.
9.6. The Provider is entitled to insert, in the discount and offer section, advantageous worldwide and regional offers for the users as well as vouchers and price discounts for the guests.
9.7. The Licensee agrees on storing statistics data of System usage by the guests and on processing anonymous data for improvement purposes of the System and the Provider’s services.The Provider guarantees safety of the guests ́ all data stored in the System, and it also guarantees that this data is used for its own purposes only.
9.8. The communication with the Licensee will be hold through email address or phone contact which is part of the Form, or through the Provider’s chat..
10. Terms of License Agreement
10.1. Either Contractual Party may terminate the License Agreement even without giving reasons by a notice of termination made in writing, with 6 months notice term, which starts running on the first day of the month following the month of the notice delivery to the other Contractual Party.
10.2. The Provider is not obliged to return the fee of the prepaid long-term License. In the case of unpaid remuneration of the long-term License, the Licensee is obliged to pay the remaining remuneration for non-active months.
10.3. If any License is valid longer than one month, it’s considered as a long-term License.
10.4. All changes or cancellations must occur before the order form or contract is signed. Any changes or cancellation of the hardware order after signing the contract or order form is not possible. The Licensee is obliged to pay 100% of the hardware price according to the order form or contract.
11.Processing of personal data
11.1. The Provider as a processor shall for the Licensee as a controller process the personal data of clients, to whom the Licensee offers or provides the accommodation (furthermore “the Clients”), according to the Regulation (EU) 2016/679 of the European Parliament and of the Council, General Data Protection Regulation (furthermore “GDPR”), and according to the provisions below. Subject matter of this Article 10 is the regulation of the relationship between the Provider and the Licensee during the processing of the personal data exercised while providing the services under the Article 10.2. below.
11.2. The Provider will process the personal data for the purposes of providing the basic services, i.e. welcoming the guest before his/her arrival, the check-in service before arrival and check-out service before departure, the hotel marketing guest service, the communication with the guests through the internal hotel communication platform since the reservation date until the departure date, the customer service feedback and hotel service and quality rating, and related services.
11.3. The provider declares that for the purposes of processing the personal data he implemented such a technical and organizational measures that the processing will meet the requirements of the GDPR and ensure the protection of the rights of the data subject.
11.4. The data is automatically processed by the Provider in products which are provided by third parties such as Google, Amazon, Nexmo and Messente.
11.5. The Provider commences the processing of the personal data for the purposes mentioned in Article 11.2 above right after they are delivered to him by the Licensee or by the persons acting of Licensee’s behalf. During further performance of his duties under or in relation to this Terms and Conditions shall the Provider process the personal data only on documented instructions by the Licensee.
11.6. The Provider will without undue delay informs the Licensee if, in his opinion, the instruction infringes GDPR or other European Union or Czech data protection provision.
11.7. The Provider shall process for the Licensee the personal data for the period in which the services under Article 11.2 above are provided.
11.8. After the providing of the services under Article 11.2. above is ended, the Provider, in case he possess any personal data of the Clients in relation to which he stands solely as a processor, shall delete those personal data. Anonymization is to be regarded deletion of the personal data.
11.9. The Provider is entitled to contact the Client with the offer of further services, or, as the case may be, ask the Client for the consent to the processing of his or her personal data for the purposes of further business operations of the Provider.
11.10. The Provider is allowed to engage further processors; information about another processors, including their function or location, is to be found here. When any new processor is engaged, the Provider shall inform the Licensee 30 days before the engagement and submit the Licensee the description of another processor (its experience and the level of technical security) and the description of the tasks that the further processor shall perform. The Licensee may object to the engagement solely by terminating this Contract (Terms and Conditions), provided that he notifies the Provider about the termination within 40 days of being informed of the intended engagement of further processor.
11.11. The Provider is obliged to impose contractually on another processor same obligations as are set out in this contract (Terms and Conditions). The Provider is obliged to observe the terms of engagement of further processors as set out in art. 28 sec. 2 and 4 of GDPR.
11.12. The Contractual Parties are aware of the fact that the employees of the Provider, or further persons that are under the contract concluded with the Provider allowed to process the personal data on Provider’s behalf, are legally bound to maintain confidentiality in respect to the personal data.
11.13. For the purposes of processing the personal data performed under this contract (Terms and Conditions) the Provider within the meaning of the art. 32 of GDPR implements and secures the observance of technical and organizational measures that ensure the level of security appropriate to the risk to rights and freedoms of the data subject. The Provider shall secure the personal data e.g. by using the SSH certificates for access to servers, by placing the database on Amazon Web Service, or by hashing the passwords by BCRYPT.
11.14. During the period of processing the Provider takes into account its nature. The Provider assists the Licensee, insofar as this is in the view of position of the Provider possible, for the fulfilment of the Licensee’s obligation to respond to requests for exercising the data subject’s rights laid down in chapter III. of GDPR, and, taking into account the nature of processing and information available to Provider, assists the Licensee in ensuring compliance with the obligation under art. 32 to 36 of GDPR.
11.15. The Provider, insofar as this is in the view of the position of the Provider possible, provides the Licensee information necessary to demonstrate compliance with the obligation laid down in art. 28 of the GDPR. In respect to the processing of the personal data the Provider allows for and contributes to, should the Licensee request, once a year an audit, including inspection, conducted by the Licensee or another auditor mandated by the Licensee. The Provider may request the fee for audit or inspection that will reflect the costs with such an audit or inspection; the Provider shall inform the Licensee of the fee in advance. The Provider may decline the person appointed by the Licensee to conduct an audit or inspection, if in Provider’s reasonable opinion that person is not qualified, not independent, or is a competitor of Provider.
12. Governing Law and Jurisdiction
12.1. These LGTC and relationships associated with them are governed by the laws of the Czech Republic, excluding the international private law.
12.2. The resolution of disputes arisen in relation to this Agreement or legal relationships depending on this Agreement (including the indemnity obligations for damage arisen by infringement of obligations pursuant to these LGCT, or by giving out of unjust enrichment) is in the jurisdiction of courts of the Czech Republic. The jurisdiction of other courts is not acknowledged.
13. Final Provisions
13.1. These commercial terms and conditions are efficient as of June 15th, 2022.