scopoStay Platform Terms and Conditions of Service

Last Updated: 28/7/2025
Effective Date: 1/4/2025

Please read these Terms and Conditions ("Terms", "Agreement") carefully before using the scopoStay website (www.scopostay.com) and related services (the "Platform") operated by Everluxe Holiday Homes ("Company", "we", "us", or "our").

Your access to and use of the Platform is conditioned upon your acceptance of and compliance with these Terms. By accessing or using our Platform, you agree to be bound by these Terms. If you disagree with any part of these terms, you may not access the Platform.

1. Definitions and Interpretation

1.1 Definitions

Account means the customer account created for accessing and using the Platform Services.

Customer refers to any individual, company, or legal entity that has registered for and uses our Platform Services, including both Trial Users and Subscribers.

Customer Data means all data, information, content, files, and materials uploaded, stored, processed, or transmitted through the Platform by the Customer or on the Customer's behalf.

Documentation refers to all user guides, manuals, help materials, and technical documentation relating to the Platform Services, as updated from time to time.

Everluxe Holiday Homes means the legal entity operating under the trade name scopoStay, registered in Dubai, UAE.

Fees means the subscription charges, setup costs, and any additional fees payable by the Customer for access to and use of the Platform Services.

Intellectual Property Rights includes all copyrights, trademarks, patents, trade secrets, proprietary rights, and other intellectual property rights existing worldwide, whether registered or unregistered.

Maximum Users refers to the permitted number of user accounts and asset limits as specified in the Customer's subscription plan or as otherwise agreed in writing.

Personal Information means any information that identifies or can be used to identify an individual person, as defined under applicable privacy laws.

Platform Services means the scopoStay software-as-a-service platform, including all features, functionalities, and related services provided through our website and applications.

Start Date means the date when the Customer completes the registration process and begins accessing the Platform Services.

Subscriber means a Customer who has completed our registration process and maintains an active paid subscription to the Platform Services.

Trial User means a Customer who has been granted temporary access to evaluate the Platform Services for a limited period without payment.

User refers to any individual authorized by the Customer to access and use the Platform Services on the Customer's behalf.

1.2 Interpretation

References to "including" or similar expressions shall not be construed as limiting the generality of any preceding words. References to singular include plural and vice versa. Headings are for convenience only and do not affect interpretation.

2. Platform Access and Service Provision

2.1 Service Grant

From the Start Date, we grant:

1. Trial Users: A 14-day limited, non-exclusive right to access and evaluate the Platform Services to determine if they meet the Trial User's requirements.
2. Subscribers: A non-exclusive right to access and use the Platform Services for internal business purposes, subject to the Maximum Users and asset limits specified in their subscription plan.

2.2 Service Availability

We will use commercially reasonable efforts to maintain Platform availability. However, the Platform may occasionally be unavailable due to maintenance, updates, technical issues, or circumstances beyond our reasonable control.

The Customer acknowledges that the Platform Services are provided on an "as is" basis and at the Customer's own risk. We make no guarantees regarding uninterrupted access or error-free operation.

2.3 Service Modifications

We may modify, update, or discontinue features of the Platform Services at our discretion. While we will make reasonable efforts to provide advance notice of significant changes, we are not liable for any losses resulting from such modifications.

2.4 Third-Party Integrations

The Platform may integrate with third-party services, including payment processors like Stripe. Use of such integrations is subject to the third party's terms and conditions in addition to these Terms.

3. Customer Responsibilities and Restrictions

3.1 Authorized Use

Customers must use the Platform Services solely for lawful business purposes in accordance with these Terms and applicable Documentation. The Customer is responsible for ensuring all Users comply with these Terms.

3.2 Account Security

Customers must:

• Maintain the confidentiality of all account credentials and passwords
• Notify us immediately of any unauthorized access or security breaches
• Accept full responsibility for all activities occurring under their account credentials

3.3 System Requirements

Customers are solely responsible for obtaining and maintaining all necessary equipment, internet connectivity, and software required to access the Platform Services.

3.4 Usage Limitations

Customers must not exceed their Maximum Users or asset limits. We may monitor usage patterns and restrict access if usage is deemed excessive or unreasonable compared to similar customers.

3.5 Prohibited Activities

When using the Platform Services, Customers and Users must not:

• Reverse engineer, decompile, or attempt to derive source code from the Platform
• Interfere with or disrupt the Platform's operation or security
• Use the Platform for any unlawful purposes or activities
• Upload malicious code, viruses, or harmful content
• Attempt to gain unauthorized access to other customers' data or accounts
• Use the Platform to impersonate others or engage in fraudulent activities
• Sublicense, resell, or distribute access to the Platform Services

4. Data Management and Privacy

4.1 Data Ownership

Customer Data remains the Customer's property. The Customer grants us a worldwide, royalty-free license to use, process, store, and transmit Customer Data solely for the purpose of providing the Platform Services.

4.2 Data Processing Authority

Customers warrant that they have obtained all necessary consents and authorizations for us to process Customer Data in accordance with these Terms and applicable privacy laws.

4.3 Data Backup and Retention

We will maintain reasonable backup procedures for Customer Data during the active service period. However, Customers are encouraged to maintain their own backup copies of critical data.

We will retain Customer Data for a certain period of time as required for business operations and legal compliance.

4.4 Data Security

We implement appropriate technical and organizational measures to protect Customer Data. However, no system is completely secure, and Customers acknowledge the inherent risks of internet-based data transmission.

4.5 Analytics and Aggregated Data

We may use Customer Data to generate anonymized, aggregated analytics for our internal business purposes, product development, and industry insights. Such aggregated data will not identify individual customers or contain personally identifiable information.

5. Subscription Fees and Payment Terms

5.1 Payment Obligations

Subscribers must pay all applicable Fees as specified in their subscription plan. All Fees are quoted and payable in United States Dollars (USD).

5.2 Payment Schedule

Fees are charged monthly in advance. Payment becomes due on the Start Date and monthly thereafter on the same calendar day.

5.3 Payment Methods

We accept payment through Stripe and other approved payment processors. Credit card payments may incur additional processing fees as specified at the time of payment.

5.4 Service Suspension

We may suspend or restrict access to the Platform Services if Fees are not paid when due. We do not charge interest on overdue amounts but reserve the right to disable service for non-payment.

5.5 No Refunds

All Fees are non-refundable. We do not provide refunds for unused portions of subscription periods, early cancellations, or service downgrades.

6. Intellectual Property Rights

6.1 Platform Ownership

We own or license all intellectual property rights in the Platform Services, including software, documentation, trademarks, and related materials. These Terms do not transfer any ownership rights to Customers.

6.2 Customer Feedback

If Customers provide suggestions, feedback, or ideas regarding the Platform Services, we may use such feedback for any purpose without compensation or attribution. All intellectual property rights in such feedback belong to us.

6.3 Respect for Rights

Customers must not challenge our intellectual property rights or assist others in doing so. Customers agree not to take any actions that could harm our intellectual property or proprietary rights.

7. Privacy and Data Protection Compliance

7.1 Privacy Policy

Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

7.2 GDPR Compliance

For Customers subject to the General Data Protection Regulation (GDPR), additional data processing terms apply as specified in our Privacy Policy and Data Processing Agreement.

7.3 Customer Privacy Obligations

Customers must comply with all applicable privacy laws when using the Platform Services and must obtain necessary consents for data processing activities.

8. Warranties and Disclaimers

8.1 Customer Warranties

Customers warrant that:

• They have the legal authority to enter into these Terms
• Their use of the Platform Services will comply with all applicable laws
• Customer Data does not infringe third-party rights or contain illegal content
• All information provided to us is accurate and current

8.2 Service Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PLATFORM SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not warrant that the Platform Services will be error-free, uninterrupted, or meet all Customer requirements.

9. Limitation of Liability

9.1 Liability Cap

Our total liability to any Customer under these Terms, whether in contract, tort, or otherwise, shall not exceed the Fees paid by that Customer in the month immediately preceding the event giving rise to liability.

9.2 Excluded Damages

We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, goodwill, or business opportunities.

9.3 Customer Indemnification

Customers agree to indemnify and hold us harmless from any claims, damages, or expenses arising from:

• Customer's breach of these Terms
• Customer's use of the Platform Services
• Customer Data or third-party claims related to Customer Data
• Customer's violation of applicable laws or third-party rights

10. Term and Termination

10.1 Term Duration

These Terms remain in effect until terminated by either party. Trial periods automatically expire after 14 days unless converted to a paid subscription.

10.2 Termination Rights

Either party may terminate these Terms at any time without notice. We may immediately suspend or terminate access for violations of these Terms or non-payment of Fees.

10.3 Effect of Termination

Upon termination:

• Customer's right to access the Platform Services immediately ceases
• All outstanding Fees become immediately due and payable
• We may delete Customer Data in accordance with our data retention policies

10.4 Data Retrieval

Within two months of termination, Customers may request a copy of their Customer Data by paying reasonable retrieval costs. After this period, we may permanently delete all Customer Data.

11. Confidentiality

11.1 Confidential Information

Each party may receive confidential information from the other party. Both parties agree to maintain the confidentiality of such information and use it only for purposes related to these Terms.

11.2 Marketing Rights

Customers consent to our use of their company name and general description of services for marketing and promotional purposes.

12. Force Majeure

We shall not be liable for any failure to perform our obligations due to circumstances beyond our reasonable control, including but not limited to natural disasters, government actions, network failures, or other force majeure events.

13. General Provisions

13.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the United Arab Emirates. Any disputes shall be subject to the exclusive jurisdiction of the courts of Dubai, UAE.

13.2 Assignment

Customers may not assign their rights under these Terms without our written consent. We may assign our rights and obligations without restriction.

13.3 Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions shall continue in full force and effect.

13.4 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between the parties and supersede all prior agreements or understandings.

13.5 Modifications

We may update these Terms at any time by posting revised terms on our website. Continued use of the Platform Services after such changes constitutes acceptance of the modified Terms.

14. Contact Information

For questions about these Terms or to exercise your rights, please contact us:

Email: [email protected]
Website: www.scopostay.com
Company: Everluxe Holiday Homes (trading as scopoStay)
Address: Dubai, United Arab Emirates

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By using the scopoStay Platform Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.