Terms of Service
Last updated: [Date]
These Terms of Service ("Terms") govern the use of the Staypagy platform (the "Platform") by property owners ("Host", "you", or "your") for the creation and management of vacation rental property listings.
The Platform is operated by [Company Name], a company registered in Portugal with NIF [NIF], with registered office at [Company Address] ("Staypagy", "we", "us", or "our").
By registering for and using the Platform, you agree to be bound by these Terms. If you do not agree, you must not use the Platform.
1. Definitions
- Platform: The Staypagy web application and all associated services.
- Host / Property Owner: An individual or business that registers on the Platform to list vacation rental properties.
- Guest: A person who browses property listings or inquires about accommodations through the Platform.
- Listing: An individual property page created by a Host on the Platform.
- Content: All text, images, descriptions, pricing, and other materials uploaded by the Host to the Platform.
2. Platform Description
Staypagy provides a software-as-a-service (SaaS) platform that enables property owners in Portugal to:
- Create and customize a professional property listing page
- Showcase property photos, amenities, and features
- Display pricing and availability information
- Receive guest inquiries and communication
- Manage property information and updates
Staypagy is a technology platform and does not act as a booking agent, travel agency, or property manager. Each property owner is independently responsible for their listing content, guest relations, and compliance with applicable laws.
3. Eligibility and Registration
3.1 Eligibility
To register on the Platform, you must:
a) Be the legal owner or authorized manager of the property you intend to list;
b) Hold all necessary licenses and permits for vacation rental activity, including registration with Turismo de Portugal (Alojamento Local registration) where applicable;
c) Comply with all applicable Portuguese and EU laws regarding vacation rental activity;
d) Be at least 18 years of age.
3.2 Registration
Upon registration, you must provide accurate and complete information. You are responsible for keeping this information up to date.
3.3 Account Security
You are responsible for maintaining the confidentiality of your account credentials. Notify us immediately of any unauthorized use at [Email].
4. Host Obligations and Responsibilities
4.1 Legal Compliance
As a Host, you are solely responsible for:
a) Regulatory compliance: Ensuring your vacation rental complies with applicable Portuguese law, including:
- Decreto-Lei n.º 128/2014 (Alojamento Local regime)
- Municipal regulations regarding short-term rentals
- Tax obligations (IRS/IRC, IVA where applicable)
- Safety and hygiene requirements
b) Listing accuracy: All property descriptions, photos, amenities, pricing, and availability must be accurate, complete, and up to date.
c) Guest safety: Ensuring the property meets all applicable safety standards (fire safety, gas safety, pool safety where applicable).
d) Tax obligations: Declaring rental income and complying with all tax obligations, including communication to the Tax Authority (Autoridade Tributária).
e) Consumer rights: Complying with consumer protection obligations under Portuguese law.
f) Electronic complaints book (Livro de Reclamações Eletrónico): Where required, registering with and providing access to https://www.livroreclamacoes.pt.
4.2 Prohibited Content
You may not list through the Platform:
- Properties you do not own or are not authorized to manage
- Properties that do not comply with applicable licensing requirements
- Misleading or fraudulent listing information
- Content that infringes third-party intellectual property rights
5. Staypagy's Obligations
Staypagy undertakes to:
a) Provide the Platform in a commercially reasonable manner with reasonable uptime;
b) Maintain the security and integrity of the Platform;
c) Provide technical support via [Email];
d) Comply with applicable data protection legislation.
6. Pricing and Payment
6.1 Current Pricing Model
The Platform is currently offered free of charge during the initial launch period. Staypagy reserves the right to introduce fees in the future.
6.2 Future Pricing Changes
Any introduction of fees will be communicated with at least 60 days' prior written notice via email. Hosts who do not agree may terminate their account before the new pricing takes effect, without penalty.
7. Intellectual Property
7.1 Platform IP
The Platform, including its software, design, and trademarks, is owned by [Company Name] or its licensors.
7.2 Host Content
You retain ownership of all Content you upload. By uploading Content, you grant Staypagy a non-exclusive, worldwide, royalty-free license to use, display, and distribute such Content solely for the purpose of operating the Platform.
8. Liability
8.1 Platform Liability
Staypagy provides the Platform "as is" and "as available". To the maximum extent permitted by law:
a) Staypagy is not liable for any interactions between Hosts and Guests, including bookings, cancellations, disputes, or property conditions.
b) Staypagy is not liable for indirect, incidental, special, consequential, or punitive damages.
c) Staypagy's total aggregate liability shall not exceed €500 or the total fees paid by the Host in the twelve (12) months preceding the claim, whichever is greater.
8.2 Host Liability
The Host shall indemnify and hold harmless Staypagy from claims arising from:
a) The Host's property listing or property conditions;
b) The Host's breach of these Terms;
c) The Host's violation of applicable law;
d) Guest complaints related to the Host's property.
9. Data Protection
In the context of guest data processed through the Platform, the Host is the data controller and Staypagy is the data processor. See our Privacy Policy for details.
10. Term and Termination
10.1 Termination by Host
You may terminate your account at any time by contacting us at [Email]. Your listing will be deactivated within 5 business days.
10.2 Termination by Staypagy
Staypagy may terminate or suspend your account with 30 days' notice, or immediately if you materially breach these Terms or violate applicable law.
11. Modifications to Terms
Staypagy may modify these Terms at any time with at least 30 days' prior written notice for material changes. Continued use constitutes acceptance.
12. Governing Law and Dispute Resolution
These Terms are governed by Portuguese law. Disputes shall first be attempted to be resolved amicably, and failing that, may be submitted to the courts of [City], Portugal.
13. Contact Information
[Company Name]
Address: [Company Address]
NIF: [NIF]
Email: [Email]