Terms and Conditions

1. These License General Terms and Conditions (hereinafter referred to as “the LGTC”) govern the relationships between the contractual parties, being, on the one side, the company MyStay s.r.o., ID No.: 037 70 010, Tax ID No.: CZ03770010, with its registered office at Korunovační 704/14, Prague 7, 170 00, incorporated in the Commercial Register maintained by the Municipal Court in Prague, File No. C 294381, as the license provider (hereinafter referred to as “MyStay” or “the Provider”), and, on the other side, the licensee, being the operator of an accommodation facility (hereinafter referred to as “the Licensee”).

2. Subject of the LGTC

2.1. The Provider declares that it is the owner of the economic rights to the software constituting the “MyStay” system (hereinafter referred to as “the MyStay System” or only “the System”) and that it is entitled to grant the Licensee the right to use the MyStay System.

2.2. The Licensee is the operator of an accommodation facility.

2.3. By the Licensee’s expression of consent to these LGTC, a license agreement is concluded between the Provider and the Licensee, on the basis of which the Provider grants the Licensee the authorization to exercise the right to use the MyStay System to the extent and under the conditions set out in these Terms and Conditions (hereinafter referred to as “the License”), and the Licensee undertakes to pay the Provider the fee stipulated in the order form (hereinafter referred to as “the Form”), which forms an integral part of these terms and conditions (hereinafter also referred to as “the Cooperation” or “the Agreement”).

3. Specification of the MyStay System

3.1. The MyStay System is software consisting of a hotel stay website (hereinafter referred to as “the Stay Website”), the MyAdmin system (hereinafter referred to as “MyAdmin”), intended primarily for the administration and management of the Licensee’s profile in the MyStay System, upon request the MyStay mobile application (hereinafter referred to as “the Application”) containing the Licensee’s profile and running on mobile devices with the Android OS and iOS platforms, and also upon request the Check-in/Check-out Kiosk application (hereinafter referred to as “the Kiosk”). Further information about the MyStay System is available on the website www.gomystay.com. SMS messages and e-mails can be sent to guests from MyAdmin. The Licensee may send an unlimited number of SMS messages.

3.2. The System is available in an English version; the Licensee may activate other available language versions for a fee. Other language versions may be added upon request and for a fee.

3.3. The System is offered in the basic UPSELL, CHECKIN and CHECKOUT versions. The Licensee may further extend the System with above-standard parts of the System (hereinafter referred to as “UPGRADES”).

3.4. SUPER LIGHT KIOSK and LIGHT KIOSK are extra products which the Licensee may order only as an extension of the CHECKIN or CHECKOUT version.

3.5. IN ROOM TABLET is an extra product which the Licensee may order as an upgrade of any version or as a separate product independent of the basic version.

3.6. The QR code is an extra product which may be used as part of any version or as a separate product.

3.7. FRONT DESK CHECK-IN AUTOMATION is an extra product which may be used as part of any version or as a separate product.

3.8. The Licensee acknowledges that the Provider continuously develops the System and may update it, and that its features, including the name of the System, may therefore change at any time without the Licensee’s consent. However, the Provider shall always inform the Licensee of any changes to the System.

3.9. The subject of the license under these LGTC is the System in the UPSELL, CHECKIN and CHECKOUT versions, as well as SUPER LIGHT KIOSK, LIGHT KIOSK, IN ROOM TABLET, QR codes, FRONT DESK CHECK-IN AUTOMATION and any UPGRADES. The contractual parties may change the versions, products and upgrades referred to in the preceding sentence at any time by separate agreement.

3.10. Within its license, the Licensee is entitled to use only its own profile in the System and its own MyAdmin account.

3.11. Additional functions may be added upon request and for a fee. The Licensee shall submit the functions to be added to the Provider. The Provider may refuse to create new functions without stating reasons, or may agree with the Licensee on a joint product specification.

3.12. For the development of new functions, the Licensee shall request a new component from the Provider, who shall provide the Licensee with a time proposal and an estimate based on the MD (man-day) rate. Upon acceptance of the proposal by the Licensee, the Provider shall develop the function within the pre-agreed time, and the Licensee shall pay for the development of the function after its acceptance. In the case of a larger volume of work, the Provider and the Licensee may agree on advance payments and on a contract for the development.

3.13. In the event of purchasing the Kiosk, the Licensee is obliged to select the hardware device, its size and colour according to the Provider’s catalogue. If the Licensee acquires its own tablet, its compatibility with MyStay must be confirmed with the Provider in advance; if this is not done, MyStay shall not be liable for the functionality of the System.

3.14. The Kiosk may be used only with an integration into the hotel system (hereinafter referred to as “the PMS”) and with an integration into the lock system (hereinafter referred to as “the KMS”). The price is always determined separately depending on the hotel and lock system.

4. License Terms

4.1. Upon the Licensee’s expression of consent to these LGTC, the Provider grants the Licensee the authorization to exercise the right to use the System under the conditions set out in this article of the LGTC (the License).

4.2. The License is granted for the term of the Agreement. The Licensee is entitled to use the System by creating its own profile in accordance with the System interface in the relevant version. The Licensee is not entitled to modify or alter the System in any way, with the exception of the settings permitted by the System itself.

4.3. The License is granted as non-exclusive, i.e. the Provider is entitled to use the System itself or to grant authorization to use it to any third party.

4.4. The Licensee is not entitled to grant a sub-license to use the System to third parties, nor to otherwise provide or make the System available to them; this does not apply to making the System available to guests of the Licensee’s accommodation facility or to its employees, which follows from the very nature of the System.

4.5. The Licensee undertakes to distribute the web application among the guests of its accommodation facility using all available promotional means, in particular the Wi-Fi landing page, a link in the reservation e-mail, a welcome SMS, other pre-arrival e-mails, posters at the reception and in the rooms, QR codes and other means approved by the Provider.

4.6. The License under this article always applies to the System in the relevant version selected by the Licensee. The License also applies to all future adjustments, modifications and extensions of the relevant version of the System made during the term of the License Agreement.

4.7. If the Licensee inserts any content into its profile in the System by means of the relevant function, it undertakes to ensure that it is fully entitled to deal with such content in this manner, and it shall be liable to the Provider for any damage incurred by the Provider as a result of a breach of this obligation. The same applies where the Licensee uses content pre-generated by the System which it authorizes. At the same time, the Licensee grants the Provider a royalty-free license of indefinite duration to use all such content for the purpose of integrating the content into the System. Where the content consists of general information about the accommodation facility and its surroundings, the license is granted to the Provider for the purpose of any integration into the System, i.e. also into the profiles of other persons.

4.8. The Licensee shall manage its profile itself, unless agreed otherwise. The Provider is not entitled to interfere with the text of the profile unless the profile violates legal regulations or is inconsistent with the graphic or content requirements of the Provider’s System. In such a case, the Licensee shall be notified of the relevant modifications.

4.9. Protection of Intellectual Property
All intellectual property rights to the MyStay service, in particular to the software, design, templates, texts, processes and know-how that the Client obtains or becomes acquainted with during the cooperation (including the pilot operation), belong exclusively to MyStay. The Client acquires only a non-exclusive, non-transferable right to use the service for the term of the contract. The Client undertakes not to copy, imitate or make available to third parties these solutions or any substantial parts thereof, nor to use them to create its own or a competing solution, even after the cooperation has ended. Any information about the service that is not publicly available is confidential.

5. License Fee and Payment Terms

5.1. The amount of the fee for the UPSELL, CHECKIN, CHECKOUT, UPGRADES, IN-ROOM TABLET, QR codes, FRONT DESK CHECK-IN AUTOMATION and KIOSK versions is determined according to the price list and stated in the Form or in the Agreement.

5.2. The Provider is entitled to change the price list unilaterally by sending its new version to the Licensee, whereby the newly sent price list shall take effect on the first day of the month following the month in which it was delivered to the Licensee; if the Licensee has paid the fee in advance, the new price list shall apply only to the fee for the next billing period not yet paid. In the event of an increase in the license fee, the Licensee may, within 7 days of delivery of the new price list, terminate the Cooperation with effect as of the date of the increase in the license fee.

5.3. The first payment of the fee shall be charged on the day following the signing of the Form. The Licensee undertakes to pay the license fee monthly, quarterly or annually in advance, based on the selected payment method, always on the same day of the month as the first payment was made. The license fee shall be charged to the Licensee regularly from its payment card, unless the parties agree otherwise. The fee is paid in advance, always no later than the last day of the calendar month preceding the month of use of the System. The fee is fixed according to the Form or the Agreement.

5.4. On the basis of a prior agreement of the contractual parties, the Licensee may also prepay the fee for a longer period of time under preferential conditions.

5.5. The price of one SMS depends on the country of the recipient; the current price list is available in MyAdmin. The price may change depending on the prices of the SMS gateway provider. The Licensee shall purchase credit using its payment card in MyAdmin. SMS messages shall be deducted from the purchased credit. Before the credit is exhausted, the Licensee shall be notified of low credit by e-mail. If there is insufficient credit, no SMS messages will be sent. One SMS has 159 characters.

5.6. The amount of the fee is always exclusive of VAT, unless expressly stated otherwise. VAT shall be charged in accordance with applicable legal regulations.

5.7. If the Licensee is in default with payment of the fee, the Provider is entitled to switch off the System until all amounts owed have been paid by the Licensee. However, the Provider shall notify the Licensee of the switching off of the System by e-mail at least two working days in advance.

5.8. If the Licensee is interested in a connection, it may use an integration via the available integrated partners for a fee according to the Provider’s current price list. If an integration with the required partner is not available in the System, its availability, the possibility of integration and the price must be verified with the partner and the Provider.

5.9. The MD rate is governed by the current price list. An MD means 8 hours of work. The MD rate may be increased by the Provider on a one-off basis. Any increase of the rate must be notified to the Licensee at least one month in advance. Any increased MD rate shall not apply to development of new functions/components already agreed.

5.10. The Licensee may use the online payments function, which is provided in cooperation with Stripe and Global Payments (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, with no monthly fees. The Provider charges a fee of up to a maximum of 2% per transaction made. The amount of the fee is agreed with the Licensee.

5.11. The Kiosk hardware pursuant to 3.13. is governed by the Provider’s current price list and includes at least a tablet. Other hardware is used according to the options available in the accommodation facility, depending on the lock system owned and used by the Licensee.

5.12. The costs of shipping the hardware shall be borne by the Licensee. The hardware shall be shipped by a carrier selected and approved by the Licensee.

5.13. The setup of the Kiosk, its installation and integration into the hotel system and the key system are governed by the current Price List.

5.14. Additional fees shall be charged for the creation of the profile, the setup of the System and other services according to the current Price List.

5.15. The Licensee may use the hibernation mode for a period determined by the Provider. In the hibernation mode, the Licensee is not entitled to use any MyStay functions. The hibernation mode only preserves the content and history of the Licensee’s profile and, in some cases, the integration with the PMS. The price is determined according to the current Price List.

5.16. Final prices are rounded up to the nearest fifty euro cents.

5.17. The prices stipulated in the Form or the Agreement may, always after twelve (12) months from the conclusion of the order form or the agreement, be automatically increased by the inflation rate officially announced by the Czech Statistical Office. The price adjustment always takes effect on the first day of the month following the month in which such increase may occur.

6. System Malfunction

6.1. The Provider guarantees 98% annual availability of the System. In the event of a total malfunction of the System exceeding the guaranteed availability, the Licensee is entitled to an additional discount on the actually paid monthly license fee in an amount corresponding to the duration of the total malfunction of the System in the month for which the license fee is paid.

6.2. For the purposes of this article of the Terms, a total malfunction of the System means a state of the System in which the Licensee and the guests of its accommodation facility cannot use the System at all for reasons on the part of the Provider; the inability to use only some functions of the System is not considered a total malfunction. Article 6.1. also does not apply to a malfunction caused by a third party, the hotel system or the key system.

6.3. In the event of a malfunction of the System, technical support must be contacted in writing at [email protected].

6.4. The Licensee is entitled to the provision of technical support only during the period when it has no overdue obligations towards the Provider.

6.5. Technical support is provided only on working days from 9:00 to 17:00 CET.

7. System Updates and User Support

7.1. The Provider is entitled to carry out regular maintenance and basic updates of the System issued for the purpose of improving its functions and eliminating any errors, up to a maximum of 12 hours per month. Such maintenance is not counted towards the guaranteed availability pursuant to Art. 6.1. of the Agreement.

7.2. The Provider further undertakes, for the duration of the Cooperation, to remedy any System errors reported by the Licensee within reasonable time limits. Extensions of the System or new functions (hereinafter referred to as “the Upgrade”) are not part of the basic update of the System.

7.3. The Licensee is provided with basic user support via the e-mail [email protected], to which the Licensee shall direct all of its questions and comments. The versions include one-off support of 30 minutes upon the launch of the System and technical support of 30 minutes per month. Unused minutes are not carried over to the following month. Support is provided via e-mail and telephone. Support is provided only on working days from 9:00 to 17:00 CET. If the Licensee exceeds the support limit stated in this paragraph, the additional price is EUR 20 excl. VAT per 30 minutes.

7.4. The Licensee is entitled to the provision of basic user support only during the period when it has no overdue obligations towards the Provider.

7.5. The price for basic updates of the System and basic user support under this article to the extent of Art. 7.3. is included in the license fee.

7.6. The Licensee acknowledges that the connection and administration of the Kiosk version requires the assistance of an IT technician, a PMS and KMS technician and possibly technicians of other systems. The Licensee undertakes to provide a technical person on site (hereinafter referred to as “the Technician”) who will provide cooperation during installation, testing, integrations, updates and any repairs, on an ongoing basis also after the installation of the kiosk. The Technician is obliged to follow the Provider’s instructions. The name and contact details of the Technician are stated in the agreement as the person responsible for the Kiosk.

7.7. When using any KIOSK version, the Licensee is obliged to install remote access and share it with the Provider; if it fails to do so, the Provider may charge a 30% higher Kiosk license fee.

8. Complaints Regarding KIOSK Hardware

8.1. If a defect occurs in the purchased Kiosk hardware which is caused by the functionality of the material and not by mechanical damage by a third party, the Licensee is obliged to file a complaint by reporting it to the Provider within 14 days at the latest by sending an e-mail with a description of the defect and a photograph or video to [email protected]. If it is necessary to send the hardware back for repair or replacement, the costs of shipping the hardware to the Provider shall be borne by the Licensee. The costs of shipping the new or repaired hardware shall be borne by the Provider. If the new or repaired hardware does not arrive within 14 days of dispatch, this fact must be reported to the Provider by telephone or by e-mail to [email protected] no later than 7 days after that date. If the new or repaired hardware arrives damaged, this fact must be photographed and reported to the Provider immediately upon receipt of the consignment. Complaints regarding purchased hardware shall be handled individually according to the type of HW purchased.

8.2. In the event of mechanical damage to the hardware by the Licensee or a third party, the Provider shall not be liable for the damage and the hardware shall not be subject to a complaint. The Licensee shall bear the repair and all costs of repair and logistics itself. Furthermore, complaints do not cover (A) consumable parts, e.g. batteries or protective coatings, which are designed to diminish over time, unless a defect in materials or workmanship has occurred; (B) cosmetic defects, including scratches, dents and cracked plastic on connectors; (C) damage caused by use with another product; (D) damage caused by accident, misuse, improper handling, contact with liquid, fire, earthquake or other external causes.

8.3. If the Licensee acquires its own Kiosk hardware, provision 8.1. shall not apply. The Provider shall not be liable for any damage arising from the use of the Kiosk version, nor shall the Provider be liable for damage to the hardware.

9. Other Rights and Obligations of the Contractual Parties

9.1. The Provider shall not be liable for any damage or other harm incurred by the Licensee in connection with the use of the System or in connection with the impossibility of its use.

9.2. A contractual party may use the name of the other contractual party, its logo or other similar content for marketing purposes even without the prior consent of the other contractual party.

9.3. The Provider is not responsible for interventions in the System by the App Store and Google Play online stores.

9.4. The Provider is not responsible for outages of third parties.

9.5. The Licensee undertakes to provide, in its profile, special offers, benefits and discount coupons to its users, by which it will give an advantage to users of the System.

9.6. The Provider is entitled to insert global and regional offers, coupons and discounts advantageous to users for guests.

9.7. The Licensee agrees to the storage of statistics on the use of the System by guests, their anonymous processing and their possible use by the Provider for the purpose of improving the quality of the System and the Provider’s services. The Provider guarantees the security of all guest data and communications stored in the System.

9.8. All communication with the Licensee shall be conducted via its e-mail address or telephone contact stated in the contact form, or via the Provider’s chat.

10. Term of the License Agreement

10.1. Either party may terminate the License Agreement even without stating a reason, by written notice with a 6-month notice period, which begins on the first day of the month following the delivery of the notice to the other contractual party.

10.2. The Provider is not obliged to refund the fee for a prepaid long-term License. In the case of an unpaid fee for a long-term License, the Licensee is obliged to pay the remaining fee for the unused months.

10.3. A long-term License means any license with a validity longer than one month.

10.4. Any changes to or cancellation of a hardware order after the signing of the agreement are not possible. The Licensee is obliged to pay 100% of the hardware price according to the order form or the agreement.

10.5. The License Agreement is automatically renewed under the same conditions for a further period equal to the originally agreed term, unless the Provider receives from the Licensee, no later than seven (7) days before the expiry of the agreed term of the License Agreement, a written notice of non-continuation of the contractual relationship. This provision applies to all License Agreements, unless the agreement provides otherwise.

11. Processing of Personal Data

11.1. The Provider, as processor, shall process for the Licensee, as controller, the personal data of clients to whom the Licensee offers or provides accommodation (hereinafter referred to as “the Clients”) in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council, the General Data Protection Regulation (hereinafter referred to as “the GDPR”), and in accordance with the provisions below. The subject of this Art. 10 is the regulation of the relationship between the Provider and the Licensee in the processing of personal data carried out in the provision of services pursuant to Article 10.2 below.

11.2. The Provider shall process personal data for the purpose of providing the basic services, i.e. welcoming the guest to the hotel before arrival, pre-arrival check-in and check-out, the hotel’s marketing offers to make the guest’s stay more pleasant, direct communication with guests via communication channels within the platform from the reservation until several days after the guest’s departure, obtaining real-time feedback and ratings of the services and quality of the hotel, and related services.

11.3. The Provider declares that it has implemented such technical and organisational measures for the processing of personal data that the processing meets the requirements of the GDPR and that the protection of the rights of the data subject is ensured.

11.4. The data are automatically processed by the Provider in products provided by third parties, such as Google, Amazon, Nexmo and Messente.

11.5. The Provider shall commence the processing of personal data for the purposes defined in Art. 10(2) above immediately after they have been handed over to it by the Licensee or by a person authorised by the Licensee. In the course of the further performance of obligations under or in connection with these terms and conditions, the Provider shall be bound by the documented instructions of the controller.

11.6. The Provider shall inform the Licensee without undue delay if it considers that an instruction of the controller infringes the GDPR or other Union or Member State data protection provisions.

11.7. The Provider shall process personal data for the Licensee for the duration of the provision of services pursuant to Art. 11.2 above.

11.8. Upon termination of the provision of services pursuant to Art. 11.2 above, the Provider shall delete the personal data of the Clients which it has at its disposal and in relation to which it acts exclusively as processor. Carrying out (irreversible) anonymisation of the personal data is also considered deletion.

11.9. The Provider shall not use the personal data of the Clients for its own purposes, in particular for direct marketing, unless it has a legal basis for doing so under the GDPR. If the Provider wishes to approach the Clients with an offer of its own services or to obtain their consent to the processing of personal data for its own purposes, it shall do so exclusively as an independent controller and only after obtaining the relevant consent from the data subject in accordance with Article 6(1)(a) of the GDPR. It shall inform the Licensee of such intention in advance and shall ensure that there is no conflict with the Provider’s obligations as a processor of personal data under this agreement.

11.10. The Provider may engage other processors in the processing of personal data; information on other processors, including their function and place of activity, is available here. If the Provider wishes to engage another processor, it shall notify the Licensee 30 days before the planned engagement of the other processor and shall provide it with a description of the other processor (its experience and level of security) and a description of the activities the other processor is to perform. The Licensee has the right to object to the engagement of another processor only by withdrawing from the agreement with the Provider (from these Terms and Conditions), which it may do no later than 40 days after being informed of the planned engagement of the other processor.

11.11. The Provider is obliged to contractually impose on the other processor the same obligations as it has itself under this agreement. The Provider undertakes to comply with the conditions for engaging other processors pursuant to Art. 28(2) and (4) of the GDPR.

11.12. The parties are aware that the Provider’s employees, or other persons who are authorised to process personal data for the Provider on the basis of an agreement concluded with the Provider, are bound by a statutory obligation of confidentiality in relation to personal data.

11.13. For the processing of personal data carried out on the basis of this agreement (the Terms and Conditions), the Provider shall, within the meaning of Art. 32 of the GDPR, adopt and ensure the continuity of such organisational and technical measures as will ensure a level of security appropriate to the risk to the rights and freedoms of the persons whose personal data will be processed. For example, the Provider secures personal data by allowing access to servers only on the basis of SSH certificates, uses the Amazon Web Services service to host the database, and hashes passwords using the BCRYPT function.

11.14. During the processing of personal data, the Provider is obliged to take into account its nature. It assists the Licensee, insofar as this is possible taking into account the Provider’s role, in fulfilling its obligation to respond to requests for the exercise of the data subject’s rights laid down in Chapter III of the GDPR and, taking into account the nature of the processing and the information available to the Provider, assists it in ensuring compliance with the obligations pursuant to Art. 32 to 36 of the GDPR.

11.15. The Provider shall, insofar as this is possible taking into account the Provider’s role, provide the Licensee with the information necessary to demonstrate compliance with the obligations laid down in Art. 28 of the GDPR. In relation to the processing of personal data, the Provider shall allow for and contribute to, if requested by the Licensee, an audit, including an inspection, once per calendar year, conducted by the Licensee or another auditor mandated by the Licensee. The Provider reserves the right to charge for the audit or inspection according to the costs incurred by it as a result, of which it shall inform the Licensee in good time. The Provider reserves the right to reject a person mandated by the Licensee if, in the Provider’s reasoned opinion, such person is, for example, not competent to carry out the audit or inspection, is not independent, or is a competitor of the Provider.

12. Governing Law and Jurisdiction

12.1. These LGTC and the relationships related thereto are governed by the law of the Czech Republic, excluding its rules of private international law.

12.2. The courts of the Czech Republic shall have jurisdiction to decide disputes arising in connection with this Agreement or legal relationships dependent on this Agreement (including obligations to compensate for damage caused by breach of obligations under these LGTC or to surrender unjust enrichment). The jurisdiction of other courts is excluded.

13. Final Provisions

13.1. These terms and conditions are effective as of 15 August 2023.