1. Introduction and Acceptance
Welcome to VimoStay. These Terms of Service (“Terms”) govern your access to and use of VimoStay's website, services, APIs, and applications (collectively, the “Platform” or “Service”). By registering, accessing, or using the Platform as a Host, or by viewing a digital welcome book as a Guest, you agree to comply with and be bound by these Terms.
If you are accepting these Terms on behalf of a business entity, hotel, or property management agency, you represent and warrant that you have the legal authority to bind such entity to this commercial agreement.
2. Service Description (B2B2C SaaS Model)
VimoStay operates a multi-tenant B2B2C Software-as-a-Service (SaaS) platform. The platform is structured around two distinct tiers of users:
- Hosts / Property Managers (B2B): Registered users who create accounts to manage welcome books, accommodation details, images, and other digital resources to simplify guest check-ins and stays.
- Guests (B2C): End users who access public guidebooks via dynamic web URLs or QR codes without being required to register an account or install native applications.
3. Host Accounts and Registration
To build digital guidebooks, hosts must sign up using secure OAuth credentials (Google or Apple). By doing so, you agree to:
- Provide accurate, complete, and current registration information.
- Maintain the security of your account credentials and assume sole responsibility for all actions performed under your account.
- Immediately notify VimoStay of any security breach or unauthorized account access.
4. Guest Usage and Access
Guests may access the platform for free to view welcome books shared by their hosts. Guest usage is conditional on acceptable use guidelines: automated data harvesting (scraping), map abuse, and attempts to bypass security configuration (Firestore Rules) are strictly prohibited.
5. Intellectual Property and Licensing
Ownership Split
- VimoStay Intellectual Property: VimoStay retains all rights, title, and interest in and to the Platform, including software, source code, design systems, algorithms, templates, databases, and trademarks.
- Host Content: The Host retains all copyright ownership of original content uploaded to the guides (texts, descriptions, photos, and business logos).
By uploading content to the Platform, the Host grants VimoStay a worldwide, non-exclusive, royalty-free, sublicensable license solely to store, optimize, compress, and display the content on the web for the guests accessing the guidebooks.
6. Exclusion of Host Content Liability
IMPORTANT! Disclaimer of Content Warranties
VimoStay does not validate, audit, or guarantee the accuracy of any information uploaded by hosts. This includes, without limitation, door lock codes, arrival directions, noise policies, emergency contacts, parking details, and property conditions. Any misunderstanding, loss, injury, or claim arising from erroneous guidebook information is the sole liability of the host.
7. AI-Generated Content
The Platform provides artificial intelligence tools to assist hosts in drafting welcome copy, improving phrasing, and generating local tips. The Host acknowledges and agrees that:
- AI suggestions are purely advisory and may contain inaccuracies.
- Hosts bear absolute responsibility to review, proofread, and verify AI recommendations before publishing them to guests.
- VimoStay is not liable for any losses or disputes resulting from AI-generated suggestions.
8. Subscriptions and Payment Processing
VimoStay integrates with Stripe for secure payment processing, card storage, and premium plan billings (Starter, Professional, Business). By purchasing a premium subscription:
- You agree to Stripe's commercial terms and authorize recurring charges based on your chosen billing cycle (monthly or annual).
- Cancellations take effect at the end of the current billing cycle, at which point the account will revert to Free tier limits.
- If the account exceeds limits upon downgrading, VimoStay reserves the right to deactivate properties or media in accordance with system limit rules.
9. Limitation of Liability
To the maximum extent permitted by applicable law, VimoStay, its directors, employees, or agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, goodwill, or guest complaints resulting from system downtime, service interruptions, or content inaccuracies.
VimoStay's total liability for any claim under these Terms is capped at the total fees paid by the Host to VimoStay in the six (6) months prior to the occurrence of the claim.
10. Governing Law and Jurisdiction
These Terms of Service are governed by and construed in accordance with the laws of the Province of Ontario, Canada, without regard to its conflict of laws principles. Any legal action or proceeding arising under these Terms will be brought exclusively in the courts located in Toronto, Ontario, Canada.