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Terms of Service

Last updated: March 16, 2026

These Terms of Service (the "Terms") govern access to and use of the OnStay AI platform, including our websites, APIs, mobile applications, and related services (collectively, the "Service"). The Service is owned and operated by OnStay AI, LLC, a Delaware limited liability company ("OnStay AI," "we," "us," or "our").

By creating an account, accessing, or using the Service, you agree to be bound by these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity, and "Customer," "you," and "your" will refer to that entity.

If you do not agree to these Terms, you must not use the Service.

1. The Service and B2B Nature

1.1 Service Description. OnStay AI is a business-to-business (B2B) software-as-a-service (SaaS) platform that provides professional tools for property owners, short-term rental hosts, and property managers ("Hosts") to manage properties, configure AI-powered guest concierge experiences, and access analytics and operational tools (together, the "Host Services").

1.2 Companion App Model. Our native mobile applications operate as "companion" clients that allow existing Host customers to access and manage their OnStay AI accounts. Subscriptions are created and managed exclusively through our web application using third-party payment processors such as Stripe. The native apps do not process in-app purchases, App Store billing, or other platform-based payments.

1.3 No Consumer Use. The Service is intended solely for professional and business use by Hosts. You represent and warrant that you are using the Service for business purposes and not as a consumer for personal, family, or household use.

1.4 Guests. Hosts may make certain guest-facing features of the Service available to their guests ("Guests"), for example via QR codes or links at a property. Guests' rights and responsibilities are primarily governed by the Host's terms and agreements with Guests; OnStay AI provides underlying technology only and is not a party to any rental or accommodation contract.

2. Eligibility, Accounts, and Security

2.1 Eligibility. You must be at least 18 years old and have the legal capacity to enter into a binding contract to use the Service. The Service is not directed to or intended for use by individuals under 18. Hosts are responsible for ensuring that any Guest-facing use complies with applicable age and consent laws.

2.2 Account Registration. To use the Host Services, you must create an account ("Account") and provide accurate, current, and complete information. You agree to update this information as necessary to keep it accurate and complete.

2.3 Account Authority. If you create an Account on behalf of an organization, you represent that you are authorized to bind that organization. That organization is the "Customer" under these Terms and is responsible for all use under the Account.

2.4 Credentials and Security. You are responsible for maintaining the confidentiality of your login credentials (including email-based magic links or other authentication mechanisms) and for all activities that occur under your Account. You must promptly notify us of any unauthorized access or suspected security breach involving your Account.

2.5 Sub-Users. If you grant access to additional users (e.g., team members) under your Account, you are responsible for their compliance with these Terms and for any actions they take through the Service.

3. Subscriptions, Fees, and Payments (Stripe-Only)

3.1 Subscription Plans. Access to the Host Services is provided on a subscription basis under one or more plans ("Subscription"). Plan features, limits, and pricing will be described in your ordering documentation, online order, or within the Service.

3.2 Stripe-Only Billing. All Subscriptions are purchased and managed exclusively through our web application using a third-party payment processor such as Stripe. You will be directed to an external browser to complete payment. We do not process in-app purchases or App Store/Play Store billing for Subscriptions.

3.3 Billing and Payment. You authorize us and our payment processor to charge all applicable Subscription fees and any applicable taxes to your designated payment method according to the billing cycle specified (e.g., monthly or annually). You are responsible for keeping your payment information current and for all fees incurred under your Account.

3.4 No Refunds. Except as required by law or expressly stated in an order form, all fees are non-refundable, including where you cancel your Subscription or downgrade your plan during a billing period.

3.5 Late Payments. If any fees are not paid when due, we may suspend or terminate your access to the Service, charge interest at the maximum rate permitted by law, and recover reasonable collection costs.

3.6 Price Changes. We may modify Subscription pricing by giving you advance notice for future billing periods. Price changes will not apply retroactively to previously paid billing periods.

4. Use of the Service

4.1 License Grant. Subject to your compliance with these Terms and payment of all applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable right during your Subscription term to access and use the Service for your internal business purposes.

4.2 Acceptable Use. You may not:

  • Use the Service in violation of any applicable law or regulation.
  • Use the Service to infringe or misappropriate any third party's rights, including intellectual property, privacy, or publicity rights.
  • Attempt to access the Service by automated means (e.g., robots, scrapers) other than through documented APIs.
  • Interfere with or disrupt the integrity, performance, or security of the Service or the data of other users.
  • Upload, transmit, or store malicious code, malware, or other harmful software.
  • Attempt to bypass or circumvent any access controls, rate limits, or security measures.
  • Use the Service to develop or train a competing product or service.

4.3 Content Standards. You are solely responsible for all data, content, and materials that you or your users submit to or through the Service, including property information, instructions, media, and messages ("Customer Content"). You must ensure that Customer Content:

  • Is accurate, lawful, and not misleading;
  • Does not contain illegal, defamatory, obscene, hateful, or otherwise objectionable material; and
  • Complies with all applicable recording, notice, and consent laws if you use audio or video features in your properties.

4.4 Guests and Notice. If you enable Guest-facing features (e.g., QR code concierge, voice interactions), you are responsible for providing any legally required notices or consents to Guests, including with respect to recording, data collection, and local property rules.

4.5 Third-Party Services. The Service may interface with or rely on third-party services (e.g., payment processors, channel managers, mapping providers, AI providers). Your use of those services may be governed by separate terms between you and the third party. We are not responsible for third-party services we do not control.

5. Intellectual Property

5.1 Our IP. OnStay AI and its licensors own all right, title, and interest in and to the Service and all related technology, software, user interfaces, designs, trademarks, and other intellectual property ("OnStay Materials"), excluding Customer Content. Except for the limited rights expressly granted in these Terms, no rights are granted to you, and all such rights are reserved.

5.2 Customer Content. As between you and OnStay AI, you retain all right, title, and interest in and to Customer Content. You grant OnStay AI a worldwide, non-exclusive, royalty-free, sublicensable license to host, use, reproduce, process, transmit, modify, display, and distribute Customer Content as necessary to provide, maintain, secure, and improve the Service and as otherwise permitted by our Privacy Policy.

5.3 Feedback. If you provide feedback, suggestions, or ideas about the Service ("Feedback"), you grant us a perpetual, irrevocable, royalty-free license to use and exploit the Feedback for any purpose, including to improve or develop products and services, without obligation or compensation to you.

6. Data Protection and Privacy

6.1 Privacy Policy. Our collection and use of personal data through the Service is described in our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you acknowledge that you have read and understood the Privacy Policy.

6.2 Controller/Processor Roles. For many Host–Guest interactions, you act as a data controller or business and we act as your processor or service provider. For our own account, security, analytics, and product-improvement activities, we act as an independent controller. These roles are further described in the Privacy Policy and, where applicable, a Data Processing Agreement (DPA).

6.3 Data Processing Agreement. If you are subject to the GDPR, UK GDPR, CCPA/CPRA, or similar laws and require a DPA, you may request one from us. Once executed, the DPA will govern our processing of personal data on your behalf and is incorporated into these Terms by reference.

6.4 Security. We maintain appropriate technical and organizational measures designed to protect the security, confidentiality, and integrity of data processed through the Service, as described in the Privacy Policy. You are responsible for configuring and using the Service in a manner that supports your own security and compliance obligations.

7. Mobile Apps and Platform Terms

7.1 Mobile Apps. If you access the Service via a mobile application, these Terms govern your use of the app, in addition to any applicable app store terms imposed by the platform provider (e.g., Apple or Google).

7.2 Platform Terms. Your download and use of any OnStay AI app from a platform provider may be subject to that provider's terms and conditions. In the event of a conflict between these Terms and any applicable platform terms solely with respect to your relationship with that platform, those platform terms may control.

7.3 No In-App Billing. Our mobile apps do not support in-app purchase of Subscriptions or feature unlocks. All billing and Subscription management is handled via our web application and Stripe or other supported web-based payment processors.

8. Warranties and Disclaimers

8.1 Customer Warranties. You represent and warrant that:

  • You have full power and authority to enter into and perform under these Terms.
  • You will comply with all applicable laws and regulations in connection with your use of the Service.
  • You have obtained and will obtain all necessary consents, notices, and authorizations for your use of Guest-facing features and submission of Customer Content.

8.2 Service Disclaimer. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE AND ALL RELATED MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS, OR THAT DATA WILL BE ACCURATE OR COMPLETE.

8.3 No Guarantee of Results. We do not guarantee that use of the Service will result in increased bookings, revenue, guest satisfaction, or any particular business outcome.

9. Limitation of Liability

9.1 Exclusion of Certain Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER ONSTAY AI NOR ITS AFFILIATES, LICENSORS, OR SUPPLIERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, OR DATA, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.

9.2 Aggregate Cap. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ONSTAY AI'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE AMOUNT OF FEES PAID BY YOU TO ONSTAY AI FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

9.3 Basis of the Bargain. The limitations in this Section 9 are fundamental elements of the basis of the bargain between you and OnStay AI and apply regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise.

9.4 Exceptions. Nothing in these Terms limits or excludes liability for gross negligence, willful misconduct, death or personal injury caused by negligence, or any other liability that cannot be limited or excluded by applicable law.

10. Indemnification

You will defend, indemnify, and hold harmless OnStay AI and its officers, directors, employees, and agents from and against any third-party claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

  • Your use of the Service (including Guest-facing use),
  • Customer Content,
  • Your violation of these Terms, or
  • Your violation of any law or third-party right.

We will promptly notify you of any claim subject to indemnification and will cooperate (at your expense) in the defense. You may not settle any claim without our prior written consent if the settlement imposes any obligation on or admits fault by OnStay AI.

11. Term, Suspension, and Termination

11.1 Term. These Terms begin when you first use the Service or create an Account and continue until terminated as provided here.

11.2 Termination by Customer. You may terminate your Subscription (and these Terms as to that Subscription) by following the account cancellation process in the Service. Termination will be effective at the end of your then-current billing period, unless otherwise agreed in writing.

11.3 Suspension or Termination by OnStay AI. We may suspend or limit your access to the Service, or terminate your Subscription and/or Account, immediately upon notice if:

  • You fail to pay fees when due;
  • You materially breach these Terms and fail to cure within a reasonable period after notice (or immediately, if the breach cannot be cured);
  • We reasonably believe your use of the Service poses a security risk or could harm other users; or
  • We discontinue the Service or any material component (with reasonable prior notice where feasible).

11.4 Effect of Termination. Upon termination of your Subscription:

  • Your right to access and use the Service will cease;
  • We may deactivate or delete your Account and associated data from the Service, subject to our retention obligations and practices described in the Privacy Policy;
  • You remain responsible for any unpaid fees accrued prior to termination.

Sections that by their nature should survive termination (including but not limited to payment obligations that have accrued, IP ownership, disclaimers, limitations of liability, indemnification, and governing law) will survive.

12. Governing Law and Dispute Resolution

12.1 Governing Law. These Terms and any dispute arising out of or relating to the Service will be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles.

12.2 Venue. You agree that any action or proceeding arising out of or relating to these Terms or the Service will be brought exclusively in the state or federal courts located in Placer County, California, and you consent to the personal jurisdiction of those courts.

12.3 Injunctive Relief. Nothing in this Section 12 limits either party's right to seek injunctive or other equitable relief in any court of competent jurisdiction to prevent or enjoin actual or threatened infringement, misappropriation, or violation of its intellectual property or proprietary rights.

13. Changes to the Service or These Terms

13.1 Service Changes. We may modify, enhance, or discontinue the Service (or any part of it) from time to time. If we make a change that materially reduces core functionality you are using, we will endeavor to provide reasonable advance notice where feasible.

13.2 Changes to Terms. We may update these Terms from time to time. If we make material changes, we will notify you via the Service, by email, or by other reasonable means. Your continued use of the Service after updated Terms become effective constitutes your acceptance of them.

14. General

14.1 Entire Agreement. These Terms, together with any applicable order forms and the Privacy Policy (and any DPA, if applicable), constitute the entire agreement between you and OnStay AI regarding the Service and supersede all prior agreements on that subject.

14.2 Assignment. You may not assign or transfer these Terms or your rights or obligations hereunder without our prior written consent. We may assign or transfer these Terms (in whole or in part) without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of assets.

14.3 Independent Contractors. The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, fiduciary, or employment relationship.

14.4 Severability. If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.

14.5 Waiver. No waiver of any term or condition of these Terms will be deemed a further or continuing waiver of such term or any other term. Our failure to assert a right or provision under these Terms does not constitute a waiver of that right or provision.

14.6 Notices. We may provide notices to you via email, in-app notifications, or other contact information you provide. You may provide legal notices to us at:

OnStay AI, LLC
Attn: Legal
9032 Hourglass Cir
Roseville, CA 95747, USA
Email: [email protected]

For privacy-specific matters, you may contact: [email protected].
For support, you may contact: [email protected].