Terms and Conditions

Section 01 — Acceptance of Terms

By accessing, browsing, or using the DigiStay platform, including any associated websites, applications, APIs, and services (collectively, the “Service”), you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions (“Terms”). If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

If you do not agree with any part of these Terms, you must discontinue use of the Service immediately.

Section 02 — Description of Service

DigiStay is an AI-powered hotel management platform developed and operated by OpenQuest Technologies. The platform provides a comprehensive suite of hospitality technology tools, including but not limited to:

• Property Management System (PMS)
• Channel Manager for online travel agency (OTA) distribution
• Direct Booking Engine
• Digital Check-in and Guest Experience tools
• Revenue Management and dynamic pricing
• Guest Communication and messaging tools
• Reporting, analytics, and related ancillary services

DigiStay reserves the right to modify, enhance, or discontinue any feature of the Service at its discretion, with reasonable notice provided to active subscribers.

Section 03 — Account Registration

To access the Service, you must create an account by providing accurate, current, and complete information during the registration process. You agree to:

• Provide truthful and complete registration details, including your property and business information.
• Maintain and promptly update your account information to keep it accurate.
• Keep your login credentials confidential and not share them with unauthorized parties.
• Accept responsibility for all activities that occur under your account.
• Be an authorized representative of the hotel, property, or hospitality business for which the account is created.

DigiStay reserves the right to suspend or terminate accounts that contain inaccurate information or are used in violation of these Terms.

Section 04 — Subscription and Billing

Access to DigiStay is provided on a paid subscription basis. By subscribing, you agree to the following:

• Subscriptions are billed on a recurring basis (quarterly or annually, as selected) and will automatically renew at the end of each billing cycle unless cancelled prior to the renewal date.
• All fees are quoted exclusive of applicable taxes, duties, and levies, which shall be charged as required by law.
• DigiStay reserves the right to modify subscription pricing. You will receive at least thirty (30) days' prior written notice of any pricing changes.
• Refunds are handled in accordance with DigiStay's refund policy. No refunds will be issued for partial billing periods unless otherwise specified.

Section 05 — Permitted Use

You may use the Service solely for lawful hotel and hospitality management purposes in accordance with these Terms. You agree not to:

• Use the Service for any purpose that is unlawful, fraudulent, or prohibited by these Terms.
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or algorithms of the platform.
• Attempt to gain unauthorized access to any part of the Service or other accounts.
• Misuse, manipulate, or exploit AI-powered features for deceptive or harmful purposes.
• Use automated scripts, bots, or other means to access the Service in a way that places undue burden on the infrastructure.
• Sublicense, resell, or redistribute access to the Service to third parties without prior written consent from DigiStay.

Section 06 — Data Ownership

You retain full ownership of all data you upload, input, or generate through the Service, including hotel property data, guest records, booking information, financial records, and operational data (“Customer Data”).

DigiStay processes Customer Data solely in its capacity as a service provider and in accordance with its Privacy Policy. DigiStay will not sell, share, or use Customer Data for purposes unrelated to the provision and improvement of the Service, except as required by law or with your explicit consent.

You are responsible for ensuring that your collection and use of guest data complies with all applicable data protection and privacy laws.

Section 07 — Intellectual Property

The DigiStay platform, including all software, AI models, machine learning algorithms, user interfaces, designs, documentation, branding, trademarks, logos, and related intellectual property, is and shall remain the exclusive property of OpenQuest Technologies.

These Terms do not grant you any right beyond a limited, non-exclusive, non-transferable, and revocable license to use the Service for its intended purpose during the term of your subscription. You may not copy, modify, distribute, or publicly display any part of the DigiStay platform without prior written authorization.

Section 08 — Third-Party Integrations

DigiStay connects with various third-party services to enhance your hospitality operations, including online travel agencies (OTAs), payment gateways, messaging platforms, and property listing services.

While DigiStay endeavors to maintain reliable integrations, DigiStay is not responsible or liable for any disruptions, errors, data loss, or service failures caused by third-party platforms. Your use of third-party services is subject to those providers' respective terms and conditions.

Section 09 — Service Availability

DigiStay uses commercially reasonable efforts to ensure that the Service is available and operational at all times. However, you acknowledge that:

• Scheduled maintenance may be performed from time to time, during which the Service may be temporarily unavailable. DigiStay will provide reasonable advance notice of planned maintenance windows.
• DigiStay shall not be liable for interruptions caused by circumstances beyond its reasonable control, including internet outages, natural disasters, acts of government, cyberattacks, or failures of third-party infrastructure providers.
• DigiStay does not guarantee uninterrupted, error-free, or completely secure operation of the Service.

Section 10 — Limitation of Liability

To the maximum extent permitted by applicable law:

• OpenQuest Technologies, its officers, directors, employees, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, or business opportunities.
• DigiStay's total aggregate liability for any and all claims shall not exceed the total fees paid by you to DigiStay during the twelve (12) months immediately preceding the event giving rise to the claim.
• This limitation applies regardless of the legal theory upon which the claim is based.

Section 11 — Indemnification

You agree to indemnify, defend, and hold harmless OpenQuest Technologies, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses arising out of or in connection with:

• Your use or misuse of the Service.
• Your violation of these Terms or any applicable law or regulation.
• Your infringement of any third-party rights, including intellectual property or privacy rights.
• Any data or content you submit, store, or transmit through the Service.

Section 12 — Termination

Either party may terminate the subscription by providing thirty (30) days' written notice to the other party.

DigiStay reserves the right to immediately suspend or terminate your access to the Service without prior notice if you are found to be in material violation of these Terms, engaging in fraudulent activity, or using the Service in a manner that poses a security risk.

Upon termination:

• Your right to access and use the Service will cease immediately at the end of the notice period.
• DigiStay will make your Customer Data available for export for a period of thirty (30) days following the effective date of termination. After this period, DigiStay may permanently delete your data.
• Any outstanding fees incurred prior to termination remain due and payable.

Section 13 — Governing Law

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict-of-law principles. Any disputes arising out of or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts located in Uttarakhand, India.

Section 14 — Modifications to These Terms

OpenQuest Technologies reserves the right to update or modify these Terms at any time. When changes are made, we will notify you via email or through a prominent notice on the platform. Your continued use of the Service following the posting of revised Terms constitutes your acceptance of the changes.

We encourage you to review these Terms periodically to stay informed of any updates.

Section 15 — Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the remaining provisions, which shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent of the parties.

Section 16 — Contact Us

If you have any questions about these Terms and Conditions, please contact us: