Terms of Service
These Terms govern your use of PMStay — this website, the web app, the API, and the PMStay apps for iPhone, iPad and Android — which Premsan Inc (“Premsan”, “we”, “us”) operates. By creating an account or using PMStay you agree to them. If you are a consumer, nothing here takes away a protection the law of the place you live gives you and does not let you waive.
1. The service
PMStay keeps the reservation book of each property you run: its units — rooms, beds in a shared room, or spaces booked by the hour — their rates and fees, the dates you block, their reservations with what each guest was charged and has paid, the guest register, and who has checked in and out, in the web app and the phone app. An assistant reads what you send it — a guest’s message, a booking confirmation, a screenshot or a photo — together with the book, and proposes changes to the book; a change it proposes is made only when it is approved. The book refuses a change that would put two reservations in a private unit at the same time, more guests in a shared unit than it holds, or a reservation on dates you blocked, and it works out each reservation’s price from the unit’s rates, fees and tax unless you give it the amount the guest was charged. PMStay can read a calendar link from a booking site and close the dates booked there, and gives each unit a calendar link for those sites to read. PMStay records payments; it does not take them from your guests. Its features may change over time.
2. Your account
One person, one account. An account can own several properties and can work as staff at properties whose owners invite it. Keep your password to yourself; you are responsible for what happens under your account, and you should tell us promptly if you think someone else has gained access to it.
As the owner of a property you may invite people to work there as staff, each with a link that works once and for 7 days. Staff can read and change the book and use the assistant; only the owner changes the property’s settings, its staff and its plan, or deletes it. You are responsible for the people you invite and for what they do at your property, and you can remove any of them at any time. As staff, you act for the property’s owner, under these Terms. If you sign in with Apple or Google, that provider’s terms govern the sign-in itself.
3. Age
You must be at least 16 to use PMStay, or older if the law where you live sets a higher age for agreeing to terms like these on your own.
4. Your book and your guests
What you put in a book — the property, its units and prices, its reservations, payments and guest register, including the names, phone numbers, email addresses, notes and identity documents of guests — you must have the right to put there. Your guests’ personal data is yours to collect and use as the law that applies to you allows, and you are the one responsible to your guests for how you do. We process it for you, on your instructions, to keep your book. PMStay never contacts your guests.
You give us a licence to store what you add, to check each change against your book, to send your messages, your photos and what the assistant reads from your book to the model that runs the assistant when you use it, and to show all of it back to you, and for nothing else. We do not use your book, your guests’ data or your conversations to train models, and we never publish them.
The book checks only the reservations and blocked dates it holds: a booking you take elsewhere — on a booking site, by phone or at the door — is checked against it only once you add it, or once PMStay next reads that site’s calendar link, every 32 minutes, so a booking made in between can still clash with one in the book. A booking site reads the unit’s calendar link on its own schedule. The assistant can misread a message or a photo, so read each proposal before you approve it.
5. The subscription
PMStay is sold as a monthly subscription for each property your account owns. Its price is shown before you pay, at the checkout on the web or by the App Store or Google Play in the app. Staff need no subscription: what they do at a property counts toward its owner’s. You can start free with one property, and nothing is charged while you do; the free use is limited, and once it ends, the assistant and adding a reservation, a unit or another property require a subscription. Without one, nothing is deleted: you can still read your book, check guests in and out, and change, cancel or delete what it holds.
A subscription bought on the web renews each month until you cancel it, which you can do at any time under Plan in Settings in the web app; it stays active until the end of the month you paid for, and nothing is charged after it. A subscription bought in the app is taken by the App Store or Google Play, renews under the store’s rules, and is cancelled in the store’s own subscription settings.
If you bought on the web and change your mind within 14 days of your first payment, write to us and we will refund it. A subscription bought in the app was taken by the App Store or Google Play, and a refund of it follows the store’s own policy and process. We may change the price; we will tell you before a change reaches you, and a change never applies to a month you have already paid for.
Stripe is the seller of record for a subscription bought on the web: Stripe takes the payment, and collects and pays over whatever sales tax, VAT or consumption tax your country charges on it — except in Japan, where the sale is Premsan’s own and Stripe neither collects nor files the consumption tax. The service, your book and everything else in these terms stay between you and Premsan. The price you are shown includes that tax, so the figure on the checkout page is the figure you pay, in your own currency, converted by Stripe — which is why it may not be the round number quoted elsewhere on our site. In the app, the App Store or Google Play is the seller of record in the same way, and the price it shows includes tax too.
6. The apps
We license you the PMStay app for iPhone, iPad and Android — we do not sell it to you — for your own use, on devices you own or control, under the rules of the store you got it from. The store’s own terms apply to the download and to purchases made inside the app. We may issue updates to the app and your device may install them automatically; these Terms apply to every version.
If you got the app from Apple’s App Store, the following also applies:
- Acknowledgement. These Terms are between you and Premsan only, not Apple Inc. (“Apple”). Premsan, not Apple, is solely responsible for the app and its content.
- Scope of licence. The licence is limited and non-transferable, to use the app on Apple-branded products you own or control, as the Usage Rules in the Apple Media Services Terms and Conditions permit, except that the app may be accessed and used by other accounts associated with you through Family Sharing or volume purchasing.
- Maintenance and support. Premsan is solely responsible for any maintenance and support of the app. Apple has no obligation to provide any.
- Warranty. If the app fails to conform to a warranty that applies to it, you may notify Apple, and Apple will refund you the price you paid for the app, if any. To the extent the law allows, Apple has no other warranty obligation for the app; anything else arising from a failure to conform is Premsan’s responsibility.
- Product claims. Premsan, not Apple, is responsible for any claim by you or a third party relating to the app or your possession or use of it, including product liability claims, a claim that the app fails to conform to a legal or regulatory requirement, and claims under consumer protection, privacy or similar law.
- Intellectual property. If a third party claims that the app or your possession and use of it infringes their intellectual property, Premsan, not Apple, is solely responsible for investigating, defending, settling and discharging the claim.
- Legal compliance. You represent that you are not in a country under a United States embargo or designated by the United States as supporting terrorism, and that you are not on a United States list of prohibited or restricted parties.
- Developer name and address. Premsan Inc, at the address in section 13, is the developer; questions, complaints and claims about the app go to the email address there.
- Third-party terms. You must comply with any third-party terms that apply to your use of the app.
- Third-party beneficiary. Apple and its subsidiaries are third-party beneficiaries of these Terms, and on your acceptance of them Apple has the right, and is taken to have accepted the right, to enforce them against you as a third-party beneficiary.
If you got the app from Google Play, the following also applies:
- Acknowledgement. These Terms are between you and Premsan, not Google LLC (“Google”). Your use of the app must also comply with the Google Play Terms of Service in force at the time.
- Privacy. Your use of the app is subject to our Privacy Policy. Premsan, not Google, is responsible for complying with the privacy law that applies to it and with the Google Play Developer Policies.
- Purchases. A subscription bought in the app is bought through Google Play and billed to your Google account, at the price Google Play shows before you confirm, and renews and is cancelled under Google Play’s rules. A refund follows section 5.
- Liability. Google has no obligation or liability to you with respect to the app or these Terms.
7. Acceptable use
You may not use PMStay to break the law, to keep data about people that you have no right to keep, to send unsolicited messages, or to do anything that harms other people who use it. You may not scrape it, access it by automated means, or try to get around the bot check or the limits on the free use or a subscription. If you find a security weakness, tell us at the address in the Privacy Policy rather than using it. We may slow, suspend or close an account that does any of this.
8. Closing your account
The owner can delete a property at any time; its book, its conversation and its files are then erased for everyone who works there. You can delete your account at any time: on the web under Account in Settings, or in the app under Account. The properties you own, each with its book, its conversation and its photos, are erased at once for everyone who works there, and you are removed from the properties where you are staff; the records that remain, and why, are listed in the Privacy Policy. Deleting your account ends a subscription bought on the web, but not one bought in the app; cancel that in the store first. We may suspend or close your account if you break these Terms or if the law requires it. If we ever shut PMStay down, we will tell you in advance and refund what you paid on the web for the part of a month you had not used.
9. Warranties and liability
PMStay is provided as it is and as it is available, without a warranty of any kind, express, implied or statutory, including any implied warranty of merchantability, fitness for a particular purpose or non-infringement. We do not promise that it will be uninterrupted or free of error, or that a proposal the assistant makes, an answer it gives or a price the book works out is correct or complete.
To the extent the law allows, neither of us is liable to the other for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, bookings, goodwill or data, on any theory of liability, even if told of the possibility; and our total liability for everything arising out of PMStay is limited to the greater of the amount you paid us in the twelve months before the event and one hundred United States dollars (US$100). Nothing in these Terms excludes or limits a liability that the law does not let us exclude or limit, including liability for fraud, for wilful misconduct or for gross negligence, and nothing limits the rights you have as a consumer.
10. Your responsibility to us
If a third party makes a claim against us because of the data about your guests that you put in PMStay, how you used it, or a breach of these Terms or of the law, you will cover the reasonable costs, including legal fees, that the claim causes us.
11. Changes
We may change these Terms. When a change matters we will say so in the web app or the phone app, or by email, before it takes effect; continuing to use PMStay after that is agreeing to it. The date at the top is the version that stands, and we record which version you accepted when you created your account.
12. Governing law
These Terms are governed by the law of Japan, without regard to its conflict-of-law rules, and any dispute under them is brought before the courts of Osaka, Japan. If you are a consumer, you keep the protection of the mandatory law of the country you live in, and you may also bring a claim in its courts.
13. Contact
Premsan Inc — 530-0001, 12-12, Osaka Ekimae Dai-2 Bldg., 1-2-2 Umeda, Kita-ku, Osaka-shi, Osaka, Japan. support@pmstay.com for questions, complaints and claims about PMStay.