Terms of Service
Introduction & Acceptance
These Terms of Service ("Terms") constitute a binding legal agreement between MyStay PMS ("Provider," "We," "Us") and the entity executing the Service Order ("Subscriber," "Agency," "Operator", "You"). By accessing mystaypms.com or using the MyStay Platform, you confirm that you are an authorized representative of a property management agency or business entity and agree to be bound by these Terms.
2. The Service
- 2.1 Scope of Service: MyStay PMS provides a cloud-based property management solution, including but not limited to: listing, unit management, marketing support, leasing automation, portals, and payments integration (the "Service").
- 2.2 Own Logo Rights: We grant the Subscriber a non-exclusive, non-transferable right to brand the user interface (Owner Portals) with their own company logo.
- 2.3 Intellectual Property: Notwithstanding use of Own Logo, the Subscriber acknowledges that all underlying code, software architecture, algorithms, and the "MyStayPMS" specific workflows remain the sole Intellectual Property of the Provider, MyStayPMS. You may not reverse engineer, decompile, or attempt to replicate the platform's source code.
3. Tools & Payment Processing
- 3.1 Role of Provider: MyStay PMS provides the technological infrastructure to facilitate payments (e.g., Owner Payouts, Payment Collection) via integration with third-party gateways (e.g., M-Pesa, Banking APIs). We are not a bank, financial institution, payments processor or money transmitter.
- 3.2 Accuracy of Data: The Subscriber is solely responsible for the accuracy of all financial data entered. MyStay PMS shall not be liable for funds remitted to incorrectly due to Subscriber Agency / Operator error.
- 3.3 Third-Party Delays: We are not liable for delays, failures, or errors caused by third-party payment processors (e.g., Safaricom M-Pesa system downtime, payment processors, bank clearing delays).
4. Property Management Liability (The "Agency / Operator Wall")
- 4.1 No Fiduciary Duty: MyStay PMS is a software solution provider, not a property agency manager. We do not manage or inspect properties, screen residents, tenants, or guarantee payments.
- 4.2 Indemnification: The Agency / Subscriber / Operator agrees to indemnify and hold MyStay PMS harmless from any claims arising from:
- Disputes between the Agency / Operator and its Landlords /Owners/ Residents /Staff.
- Disputes between the Agency / Operator and its Tenants / Residents /Staff.
- Physical damage to properties or personal injury occurring at managed property / units.
- Failure of the Agency / Operator / Management to comply with local laws.
5. Data Protection & Privacy (Kenya Data Protection Act Compliance)
- 5.1 Roles: For the purposes of the Data Protection Act, 2019 and applicable international laws (GDPR), the Subscriber is the Data Controller (who collects residents/tenant/owner/staff data), and MyStay PMS is the Data Processor (who stores/processes it).
- 5.2 Security: We employ industry-standard encryption and security measures to protect your data. However, the Subscriber / Agency / Operator is responsible for maintaining the confidentiality of their staff login credentials.
- 5.3 Ownership: All data input by the Subscriber / Operator (Residents, Tenants, Owner ledgers) remains the property of the Subscriber Agency / Operator. Upon termination, we will provide an export of this data in a standard format (CSV/Excel).
6. Subscription & Termination
- 6.1 Fees/Charges: Subscription and applicable Service fees/charges are billed Monthly/Daily/Transaction as it applies. Failure to pay in time may result in temporary suspension of access to the platform while awaiting settlement.
- 6.2 Termination: Either party may terminate this agreement within 60 days' written notice.
- 6.3 Effect of Termination: Upon termination, your portals will be deactivated, and access to the service will cease. You are responsible for exporting data.
7. Governing Law & Dispute Resolution
- 7.1 Jurisdiction: These Terms shall be governed by and construed in accordance with the laws of Kenya.
- 7.2 Dispute Resolution: Any dispute arising out of these Terms shall first be attempted to be settled amicably. If unresolved after 90 days, the dispute shall be referred to arbitration in Kenya in accordance with the Arbitration Act, 1995.
