1. Acceptance of terms
These Terms and Conditions ("Terms") are an agreement between you and StayMexa. By accessing staymexa.online or using the StayMexa software and apps (the "Services"), you agree to these Terms. If you use the Services for a business, you confirm that you are authorised to accept these Terms on its behalf.
2. Scope of the Services
StayMexa provides cloud software for hotels, rentals and restaurants, including front desk, reservations, booking engine, channel management, POS, guest portal, reports and related tools. Features may vary by subscription and may change as we improve the Services.
3. Accounts
- You must give accurate information when creating an account and keep it up to date.
- You are responsible for keeping login details confidential and for all activity under your account, including your staff's actions.
- Tell us immediately at support@staymexa.online if you suspect unauthorised access.
- We may refuse service or suspend accounts that breach these Terms.
4. Free trial
The 1-month free trial gives access to the Services for evaluation. We may change or end trial offers at any time. At the end of the trial, continued use requires a paid subscription.
5. Fees, billing and taxes
- Subscription fees are billed in advance, monthly or yearly, as agreed in your order or quote.
- Prices exclude applicable taxes such as GST, which will be added to invoices.
- We may change prices with at least 30 days' notice. New prices apply from your next billing cycle.
- You are responsible for your own internet, device and third-party costs needed to access the Services.
- Cancellations and refunds are covered by our Cancellation & Refund Policy.
6. Licence
We grant you a limited, non-exclusive, non-transferable right to use the Services for your internal business during your subscription. You may not copy, modify, resell, reverse engineer or create derivative works of the Services, or use StayMexa names and logos without written permission.
7. Your data
You own the data you enter into StayMexa, including guest and booking records. You give us permission to host, process and back up that data only to provide and support the Services. You are responsible for having a lawful basis to collect guest data and for complying with privacy laws that apply to your business. Our handling of personal data is described in our Privacy Policy.
8. Acceptable use
You agree not to:
- Use the Services for anything illegal, fraudulent or harmful.
- Upload malware or try to break, overload or gain unauthorised access to the Services.
- Send spam or unsolicited messages through the messaging features.
- Infringe anyone's intellectual property or privacy rights.
9. Third-party services
The Services connect with third parties such as OTAs, channel managers, payment gateways and messaging providers. Their use is governed by their own terms. We are not responsible for their availability, accuracy or actions.
10. Intellectual property
The Services, software, design, content and trademarks are owned by StayMexa or its licensors and are protected by law. Feedback you share may be used to improve the Services without obligation to you.
11. Availability and support
We aim to keep the Services available at all times but do not guarantee uninterrupted access. Planned maintenance will be announced in advance where possible. Support is provided by email, phone and WhatsApp during business hours.
12. Disclaimer of warranties
The Services are provided "as is" and "as available". To the extent permitted by law, we disclaim all implied warranties, including fitness for a particular purpose and non-infringement. You are responsible for checking rates, inventory and financial outputs before relying on them.
13. Limitation of liability
To the extent permitted by law, we are not liable for indirect, incidental or consequential losses, including lost profits, bookings, revenue or data. Our total liability for any claim is limited to the fees you paid us in the 12 months before the claim.
14. Indemnity
You agree to defend and indemnify StayMexa against claims, losses and costs arising from your misuse of the Services, your breach of these Terms or your violation of any law or third-party right.
15. Term and termination
These Terms apply from your first use of the Services until your account is closed. You can stop using the Services at any time. We may suspend or terminate access for breach of these Terms, non-payment or legal reasons. On termination, your right to use the Services ends and you may export your data within the period described in our policies.
16. Force majeure
Neither party is liable for delays or failures caused by events beyond reasonable control, such as natural disasters, network or power failures, government action or cyber attacks.
17. Governing law and jurisdiction
These Terms are governed by the laws of India. Courts in [City], India have exclusive jurisdiction over any dispute arising from these Terms or the Services.
18. General
- Entire agreement: these Terms, together with our policies and any signed order, are the full agreement between us.
- Changes: we may update these Terms and will post the new version here. Continued use after changes means you accept them.
- Severability: if any part is found invalid, the rest remains in effect.
- No waiver: not enforcing a term does not waive our right to enforce it later.
- Assignment: you may not transfer these Terms without our consent.