1. About these terms
These terms are an agreement between TUMMYSTAY, 68, Mokela, Talai Ki Bhagal, Nathdwara, Rajsamand, Rajasthan – 313301, India (GSTIN 08BIQPR8861K1ZK) (“TummyStay”, “we”, “us”) and the business that signs up for the Services (“you”, the “Customer”). The person accepting them confirms that they are allowed to bind that business.
Our Privacy Policy is part of these terms. A written order, quotation or invoice we issue to you may add details such as the plan, the price and the number of properties; where it differs from these terms, the order wins for that point.
2. The Services
The “Services” are the TummyStay software and the features in the plan you choose, which may include: hotel PMS (bookings, front desk, housekeeping, billing), restaurant POS and captain app, bar, party bookings, channel manager connections to online travel agencies, the booking website, finance, payroll and attendance, inventory and laundry, reports, the TummyStay desktop app with its print agent, and the owner’s merchant app.
We keep improving the Services and may add, change or retire features. We will not remove a core feature of your paid plan during a paid period without giving you a reasonable alternative or a pro-rata credit.
A free demo or trial is given as it is, for evaluation only, and may be stopped at any time.
3. Accounts and users
- You are responsible for everything done through your accounts, including counter (billing) users, captains and staff you create, and for the roles and permissions you give them.
- Keep passwords and approval PINs secret and change them when a staff member leaves. Tell us at once if you think an account has been misused.
- Information you give us for billing (business name, GSTIN, address) must be correct, as it appears on your tax invoices.
4. Plans, prices and GST
- Plans and add-ons, and their prices, are as shown on our pricing or in your order on the day you buy them.
- All prices are before GST. GST at the applicable rate (currently 18%) is added to every invoice — the first year, renewals and every monthly bill.
- Monthly plans are quoted per month but are bought for at least 12 months and billed for the year unless your order says otherwise. A plan runs for the period paid for.
- Yearly plans have a first-year price and a renewal price for each following year, as shown when you buy.
- Where a price depends on the number of rooms or properties, the price follows the rooms or properties you actually run in TummyStay.
- You can move up to a bigger plan or add modules at any time; the difference is charged for the rest of the period. Moving down takes effect from the next renewal.
- We may change list prices for new purchases and renewals. A change will not apply to a period you have already paid for, and we will tell you before a renewal at a new price.
5. Payment and renewal
- Invoices are payable by the due date shown on them. Receipts are issued for every payment.
- We remind you before a plan expires. A plan is renewed when the renewal invoice is paid in full.
- If an invoice stays unpaid after the due date, we may, after a reminder, limit the Services to viewing and exporting data until it is paid. Your data is not deleted because of a late payment.
- Charges from third parties you use through TummyStay — OTA commissions, payment-gateway fees, WhatsApp or SMS charges — are between you and them unless your order says we bill them.
6. Cancellation and refunds
- You can stop renewing at any time; the plan stays active until the end of the period already paid for.
- Because setup, onboarding and the plan period are committed when you buy, fees for a period that has started are not refundable, except where the law requires a refund or we agree to one in writing.
- If you were charged twice or charged by mistake, tell us within 30 days and we will refund or adjust the extra amount.
7. Booking website and OTAs
- If your property is listed on booking.tummystay.com, a commission is charged on each booking made through it, at the rate agreed for your property.
- Bookings, rates and availability exchanged with online travel agencies go through our channel-manager partners. You remain responsible for your rates, room counts, policies and for honouring the bookings you receive; check that what the OTA shows matches what you set.
- Each OTA and payment gateway has its own terms, which apply to your use of it. We are not responsible for an OTA’s or a gateway’s own errors, delays, payouts or charges, but we will help you trace a problem through our records.
8. Your data
- The data you and your staff enter — guests, bookings, bills, staff — belongs to you. We use it only to provide the Services to you, as our Privacy Policy explains.
- You are responsible for having the right to collect and keep that data, for telling your guests and staff what you collect, and for what the law asks of you (for example guest registers, Form C and GST records).
- You can export your bills, reports and records while your account is active. When you leave, you can ask for an export within 30 days; after that we may delete your data, except what we must keep by law.
- We keep regular backups, but you should also keep your own copies of records you are legally required to keep.
9. Acceptable use
You agree not to:
- use the Services for anything unlawful, including tax evasion, false invoices or misuse of guests’ identity documents;
- try to reach another business’s data, break or test our security without permission, or overload the Services;
- copy, resell, rent or reverse-engineer the software, or let people outside your business use your accounts;
- send spam or messages your guests have not agreed to receive through the messaging features.
10. Availability and support
- The Services run online and need a working internet connection. We work to keep them available at all times, but we do not promise they will never be interrupted — for example during maintenance, internet or power failures, or problems at our hosting or channel partners.
- The desktop app and print agent update themselves automatically so that every counter runs the current version.
- Support is given by phone, WhatsApp and email on working days. We fix faults in the software as quickly as we reasonably can.
11. Ownership of the software
TummyStay, its software, designs, apps and name are owned by us or our licensors. You get a non-exclusive, non-transferable right to use the Services for your own business during your paid plan. Ideas or feedback you send may be used to improve the Services without any obligation to you.
12. Warranty and liability
- The Services are provided “as is” and “as available”. You remain responsible for checking your bills, taxes, rates and reports before relying on them, and for decisions you take.
- We are not liable for indirect or consequential loss, such as loss of profit, bookings or goodwill, or for losses caused by internet failures, third-party services (OTAs, payment gateways, messaging providers) or misuse of your accounts.
- Our total liability for any claim connected with the Services is limited to the fees you paid us for the Services in the 12 months before the claim arose.
- You will compensate us for claims made against us because of data you entered, your use of the Services in breach of these terms, or your dealings with your guests.
13. Suspension and termination
- You may stop using the Services at any time; see section 6 for fees already paid.
- We may suspend or end an account that breaches these terms, endangers the security of the Services or other customers, or stays unpaid after reminders. Where possible we warn you first and give you time to put things right.
- On termination your right to use the Services ends; section 8 applies to your data.
14. Law and disputes
These terms are governed by the laws of India. We will first try to settle any dispute by talking. If that fails, the courts at Rajsamand, Rajasthan have exclusive jurisdiction.
15. Changes and contact
We may update these terms. The date at the top shows the latest version; for a significant change we will tell customers by email or inside the software before it takes effect. Continuing to use the Services after that means you accept the updated terms.
TUMMYSTAY
68, Mokela, Talai Ki Bhagal, Nathdwara, Rajsamand, Rajasthan – 313301, India
Email: [email protected] · Phone: +91 70697 21005