Terms and Policies

1. Acceptance of Terms

By accessing, browsing, or using the AapkaStay platform ("Platform", "Service", "Application"), you ("User", "You", "Your") acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service ("Terms", "Agreement") and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms in their entirety, you are expressly prohibited from using the Service and must discontinue use immediately. Your continued use of the Platform constitutes acceptance of any modifications to these Terms.

2. Modification of Terms

AapkaStay reserves the absolute right to modify, amend, update, or replace these Terms at any time, at its sole discretion, without prior notice. Any changes will be effective immediately upon posting to the Platform. Your continued use of the Service following the posting of revised Terms constitutes your acceptance of such changes. You are responsible for reviewing these Terms periodically. The "Last Updated" date at the top of this page indicates when these Terms were last revised.

3. Description of Service

AapkaStay provides a software-as-a-service (SaaS) digital platform designed to facilitate the management of Paying Guest (PG) accommodations, hostels, and rental properties ("Properties"). The Service is provided solely as a technology platform and management tool. AapkaStay operates exclusively as a technology service provider and is NOT:

• A real estate broker, agent, or agency
• A property owner, landlord, or property manager
• A party to any rental, lease, or tenancy agreements
• A guarantor or insurer of any transactions, payments, or relationships
• A provider of legal, financial, or tax advice

AapkaStay does not own, operate, manage, or control any Properties listed on the Platform. All Property-related transactions, relationships, and agreements are solely between Users (property owners and tenants).

4. Eligibility and User Accounts

4.1 Age Requirement: You must be at least 18 years of age and have the legal capacity to enter into binding contracts to use this Service. By using the Platform, you represent and warrant that you meet this requirement.

4.2 Account Registration: To access certain features of the Service, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security and confidentiality of your login credentials
• Immediately notify AapkaStay of any unauthorized use of your account
• Accept full responsibility for all activities that occur under your account

4.3 Account Termination: AapkaStay reserves the right to suspend, disable, or terminate your account at any time, with or without cause, with or without notice, at its sole discretion, including but not limited to violations of these Terms, suspected fraudulent activity, or any conduct deemed harmful to the Platform or other Users.

5. User Obligations and Representations

5.1 Property Owners: If you list a Property on the Platform, you represent, warrant, and covenant that:

• You possess all necessary legal rights, authorizations, licenses, and permits to list and rent the Property
• Your listing complies with all applicable federal, state, and local laws, regulations, and ordinances
• All information provided about the Property is accurate, current, and not misleading
• You will treat all tenants fairly, without discrimination, and in compliance with applicable fair housing laws
• You are solely responsible for all landlord-tenant relationships, disputes, and legal obligations
• You will maintain the Property in a safe, habitable condition in accordance with applicable laws

5.2 Tenants/Residents: If you use the Platform to find or manage accommodation, you agree to:

• Provide accurate and truthful information in all communications and applications
• Pay all rent, fees, and charges in a timely manner as agreed with the property owner
• Comply with all Property rules, regulations, and lease terms
• Maintain the Property in good condition and report damages promptly
• Respect the rights and property of owners and other residents

6. Prohibited Conduct

You expressly agree not to engage in any of the following prohibited activities:

• Violating any local, state, national, or international laws or regulations
• Infringing upon intellectual property rights, privacy rights, or other rights of any party
• Uploading, transmitting, or distributing viruses, malware, or any harmful code
• Attempting to gain unauthorized access to the Platform, other accounts, or computer systems
• Interfering with or disrupting the operation of the Platform or servers
• Impersonating any person or entity or falsely representing your affiliation
• Harassing, threatening, intimidating, or abusing any User
• Collecting or storing personal data of other Users without authorization
• Using the Platform for any commercial purpose not expressly authorized
• Posting false, misleading, fraudulent, or deceptive content
• Engaging in any form of price manipulation or unfair trade practices
• Using automated systems (bots, scrapers) to access the Service without permission

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

7.1 AAPKASTAY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, AND LICENSORS ("AAPKASTAY PARTIES") SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICE.

7.2 AAPKASTAY PARTIES SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM:

• Errors, mistakes, or inaccuracies in content or information provided by Users
• Personal injury, property damage, or any other harm resulting from your use of the Service
• Any unauthorized access to or use of our servers and/or personal information stored therein
• Any interruption or cessation of transmission to or from the Service
• Any bugs, viruses, or similar harmful code transmitted through the Service by third parties
• The conduct, actions, or omissions of any third party, including other Users
• Disputes between Users, including landlord-tenant disputes
• Loss or damage to property listed on the Platform
• Non-payment of rent or breach of rental agreements
• Fraud, misrepresentation, or illegal conduct by Users

7.3 IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF AAPKASTAY PARTIES EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO AAPKASTAY IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED INDIAN RUPEES (INR 100).

8. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, AAPKASTAY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, AVAILABILITY, OR TIMELINESS OF THE SERVICE
• WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE
• WARRANTIES REGARDING THE QUALITY, ACCURACY, OR SUITABILITY OF PROPERTIES LISTED
• WARRANTIES REGARDING THE CONDUCT, PERFORMANCE, OR IDENTITY OF ANY USERS

AAPKASTAY MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. YOU ASSUME ALL RISK ARISING FROM YOUR USE OF THE PLATFORM.

9. Indemnification

You agree to defend, indemnify, and hold harmless AapkaStay Parties from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney's fees and legal costs) arising from:

• Your use of or access to the Service
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property, privacy, or property rights
• Your violation of any applicable law or regulation
• Any content, information, or data you submit, post, or transmit through the Service
• Any disputes, claims, or damages arising from your interactions with other Users
• Any rental agreements, transactions, or relationships you enter into through the Platform

This indemnification obligation will survive the termination of these Terms and your use of the Service.

10. Third-Party Services and Links

The Service may contain links to third-party websites, services, or resources ("Third-Party Services"). AapkaStay does not endorse, control, or assume responsibility for any Third-Party Services. You acknowledge and agree that AapkaStay shall not be responsible or liable for any damage or loss caused by your use of any Third-Party Services. We strongly advise you to read the terms and privacy policies of any Third-Party Services you access.

11. Intellectual Property Rights

The Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, design, selection, arrangement, and the "look and feel") are owned by AapkaStay, its licensors, or other providers and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, perform, republish, download, store, or transmit any material from the Service without prior written consent.

12. Payment Terms and Subscription

12.1 Certain features of the Service require payment of subscription fees. All fees are exclusive of applicable taxes unless otherwise stated. You are responsible for all taxes.

12.2 Subscription fees are billed in advance on a recurring basis. By subscribing, you authorize AapkaStay to charge your payment method automatically at the beginning of each billing cycle.

12.3 All fees are non-refundable except as required by law or as specified in our Refund Policy. AapkaStay reserves the right to modify pricing at any time with reasonable notice.

13. Termination

AapkaStay may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including but not limited to breach of these Terms. Upon termination, your right to use the Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

14. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions. Any disputes arising out of or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts located in [Your City/State, India]. You agree to submit to the personal jurisdiction of such courts.

15. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired in any way. Such invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

16. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by AapkaStay on the Platform, constitute the entire agreement between you and AapkaStay concerning the Service and supersede all prior or contemporaneous understandings and agreements, whether written or oral, regarding the Service.

17. Contact Information

For questions, concerns, or notices regarding these Terms, please contact us using the contact information provided in the Contact Us section below.

At AapkaStay, we are committed to protecting your privacy and ensuring the security of your personal information. This Privacy Policy explains how we collect, use, disclose, and safeguard your data when you use our platform.

1. Information We Collect

Personal Information:

• Full name, email address, and phone number
• User role (Property Owner, Tenant, or Admin)
• Profile information and preferences

Authentication Data:

• Account credentials (managed securely by Clerk)
• Session information and authentication tokens
• IP addresses and device information for security purposes

Property Information (for Owners):

• PG/property details including name, address, and location coordinates
• Property images and amenity information
• Room configurations, pricing, and availability
• UPI payment information and QR codes

Tenant Information (collected by Owners):

• Personal details and contact information
• ID proof documents (Aadhaar, PAN, Driving License, Passport) - stored encrypted
• Rent payment records and payment screenshots
• Security deposit and tenancy agreement details
• Maintenance requests and communication history

Usage and Analytics Data:

• App usage patterns and feature interactions
• Device type, browser type, and operating system
• Error logs and performance metrics

2. How We Use Your Information

We use your information to:

• Provide Services: Enable property management, tenant management, rent tracking, and communication between owners and tenants
• Process Transactions: Handle rent payments, security deposits, and generate financial reports
• Verify Identity: Authenticate users and verify property ownership and tenant credentials for safety and security
• Improve Platform: Analyze usage patterns to enhance features, fix bugs, and optimize performance
• Communication: Send important notifications about rent reminders, maintenance updates, and platform announcements
• Compliance: Maintain records for legal and regulatory compliance
• Security: Detect and prevent fraud, unauthorized access, and other security threats

3. Third-Party Services

We use the following trusted third-party services to operate our platform:

Clerk (Authentication):

• Purpose: Secure user authentication and session management
• Data shared: Email, phone number, authentication credentials
• Privacy Policy: https://clerk.com/privacy

Firebase (Google Cloud):

• Purpose: Cloud database for real-time data storage and synchronization
• Data stored: All application data including user profiles, properties, tenants, and payment records
• Privacy Policy: https://firebase.google.com/support/privacy

Cloudinary (Image Storage):

• Purpose: Secure image and document storage
• Data stored: Property images, ID proof documents, payment screenshots, UPI QR codes
• Privacy Policy: https://cloudinary.com/privacy

4. Data Sharing and Disclosure

We do not sell your personal data to third parties. We may share your information in the following circumstances:

• Between Owners and Tenants: Property owners can view tenant information for properties they manage. Tenants can view property and owner information for their current residence.
• Service Providers: With third-party services listed above that help us operate our platform
• Legal Requirements: When required by law, court order, or government regulation
• Safety and Security: To protect the rights, property, or safety of AapkaStay, our users, or the public
• Business Transfers: In connection with a merger, acquisition, or sale of assets (users will be notified)

5. Data Security

We implement industry-standard security measures to protect your data:

• Encryption: ID proof numbers and sensitive documents are encrypted at rest using application-level encryption
• Secure Transmission: All data is transmitted using HTTPS/TLS encryption
• Access Control: Role-based access ensures users can only access data they're authorized to view
• Authentication: Secure authentication through Clerk with options for two-factor authentication
• File Security: Images and documents are stored with access control and signed URLs for sensitive files
• Regular Audits: Ongoing security monitoring and vulnerability assessments

While we strive to protect your data, no method of transmission over the internet is 100% secure. We cannot guarantee absolute security but continuously work to improve our security measures.

6. Data Retention

We retain your personal information for as long as your account is active or as needed to provide services. When you delete your account, we use soft-delete mechanisms to mark data as deleted while maintaining data integrity. Financial records and transaction history may be retained longer for legal and accounting purposes. You can request complete data deletion by contacting us, subject to legal obligations.

7. Your Rights and Choices

You have the following rights regarding your personal data:

• Access: Request a copy of the personal data we hold about you
• Correction: Update or correct inaccurate or incomplete information through your account settings
• Deletion: Request deletion of your account and associated data (subject to legal retention requirements)
• Data Portability: Request your data in a commonly used, machine-readable format
• Withdraw Consent: Opt-out of non-essential communications and data processing where consent was given
• Object to Processing: Object to certain types of data processing, such as marketing communications

To exercise these rights, please contact us at support@aapkastay.app

8. Cookies and Tracking

We use cookies and similar tracking technologies to enhance your experience, analyze usage patterns, and maintain user sessions. Essential cookies are required for platform functionality (authentication, security). You can control cookie preferences through your browser settings, though disabling certain cookies may limit functionality.

9. Children's Privacy

AapkaStay is not intended for users under the age of 18. We do not knowingly collect personal information from children. If you believe we have inadvertently collected data from a minor, please contact us immediately so we can remove it.

10. International Data Transfers

Your data may be stored and processed in servers located in different countries, including where our third-party service providers operate. We ensure appropriate safeguards are in place to protect your data in compliance with applicable data protection laws.

11. Changes to This Privacy Policy

We may update this Privacy Policy from time to time to reflect changes in our practices or legal requirements. We will notify you of any material changes by posting the updated policy on this page and updating the "Last Updated" date. We encourage you to review this policy periodically. Continued use of AapkaStay after changes constitutes acceptance of the updated policy.

1. Subscription Fees

Subscription fees for AapkaStay premium features are billed in advance. These fees are generally non-refundable, except as required by law or in cases of significant service failure.

2. Cancellations

You may cancel your subscription at any time. Your access to premium features will continue until the end of the current billing cycle.