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Last update date: 29/05/2020
Please read these Terms & Conditions («Terms») carefully prior to accessing or using our website located at stayhome.ai, stayHome administration web-interface or our mobile application (hereinafter together referred to as the «Service»). These Terms contain important information about your legal rights and obligations. Note, by accessing or using the Service, you represent and warrant that you have read, understand, have the legal capacity to and hereby agree to be legally bound by and to comply with these Terms in full. If you do not agree with these Terms, please, do not continue to use the Service. The Service is operated and owned by stayhome Inc. (company ID number 7936656), registered at: 15/04/2020 (who we may refer to as «stayhome», «we,» «us,» or «our»). Our collection and use of personal data in connection with your access to and use of the Service is described in our Privacy Notice. If you have any questions or comments about these Terms & Conditions or the Service, please contact us at contact@stayhome.ai.
Table of contents

Entire agreement

Short version: This is an important contract between us and our users. By using the Service you agree to comply with its terms all and all applicable laws and regulations. You must be of legal age. We may change these terms, but some changes aren’t that important — we will only notify you of any changes that affect your rights and give you time to adjust to them. These Terms and any policies, including our Privacy Notice and any operating rules posted in the Service constitute the entire legally binding agreement and understanding between you («you» or «user») and stayhome, governing your access to and use of the Service («Agreement»). This Agreement supersedes all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. When you use the Service you hereby declare and warrant that:
  1. according to your local jurisdiction you are of legal age and eligible to enter into the Agreement;
  2. according to your local jurisdiction you have no restriction to use the Service;
  3. you comply with these Terms and all applicable laws and regulations.
These Terms are subject to change at any time. In case of material changes affecting your use of the Service or your legal rights as a user of the Service, we’ll notify you prior to the changes’ effective date by posting a notice on the Service or sending a notification to the email provided to us by you. It is your responsibility to check periodically for any changes we make to the Terms. Your continued use of the Service after any changes have been implemented constitutes acceptance by you of such change(s). A printed version of these Terms shall be admissible in judicial or administrative proceedings based on or relating to use of the Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Stayhome Service

Short version: stayhome Service is a data driven AI system intended for employees management and increasing their work’s cost efficiency. However, we are not responsible for any recommendations, predictions or other results of automated decisions produced by the system based on your data. Stayhome Service is a data driven AI system intended for employees management and increasing their work’s cost efficiency due to optimization of working capacity based on balance between work in office and from home. The system analyses your company and employees’ key indicators, including employee turnover, rental expenses, office space efficiency etc. Based on such indicators the Service produces the solution designed to reduce the company’s per-employee expenses. Even though our Service is designed to find the most efficient solution for your company we do not make any promises as to increase the work productivity and effectiveness or reduce the per-employee costs, as well as such other promises and warranties not explicitly laid down in these Terms. It is solely upon you whether to rely on the system’s recommendations, predictions or other results of automated decisions. You acknowledge that it is your responsibility to inform your employees and users of the Services of the purpose of the Services, including the scope of information that may be collected, stored and used through the use of the Services. The system constantly develops, therefore you understand and agree that stayhome may at any time upgrade or downgrade the functionality of the Service without prior notice. Please note that your use of the stayhome Service is subject to a fee pursuant to the Payment terms.

Account registration

Short version: When creating your personal account you must provide valid and accurate data. You must be duly authorized to create profiles on behalf of any company. You alone are responsible for your account and anything that happens while you are signed in to or using your account. You are responsible for keeping your account secure. Stayhome Service provides for a management system that enables registering the personalized accounts of different levels: You must provide accurate, current and complete information during the registration process and keep your account information up-to-date at all times. More information about your data see in our Privacy Notice. You may not transfer or assign your account. You are solely responsible for maintaining the confidentiality of your login credentials you use to sign up for the Service, and for all activities that occur under those credentials. It is your responsibility to ensure that your use of the Service and Account does not contravene any applicable laws, rules, or regulations. If you know or have any reason to suspect that someone has gained access to your Account without your authorization, or your credentials have been lost, stolen, misappropriated, or otherwise compromised, please immediately notify stayhome to the following email: contact@stayhome.ai. To irreversibly terminate your Account, please forward the request at contact@stayhome.ai and we will take all the necessary actions. See the effects of termination here.

Payment terms

Short version: Your use of the Service is subject to a fee which we charge in advance at the time of your purchase. The rate of fee depends on the number of engaged users. All fees paid to stayhome are nonrefundable. The Service Fee shall be payable in advance at the rate calculated on the basis of the number of users subject to invoice issued by stayhome within the term indicated therein. Upon receipt of your payment confirmation the features which were subject to a fee will be activated. Stayhome reserves the right to apply discounts to certain users subject to the specific terms agreed by the parties and enshrined in the invoice. The Service Fee may be effected for a period of one month or a year, unless agreed otherwise between the parties. Your use of the Service may be prolonged for a consecutive term subject to your payment of the relevant Service Fee within 5 days from the date of the preceding term expiration. If stayhome does not receive your payment when due, the Service will be terminated until payment. Please note that your Account data will be stored for 12 months before irreversible elimination upon which you will have to create a new Account. In case the number of users increases or decreases during the period for which the Service Fee was calculated, the Service Fee for the consecutive period will be prorated. All fees paid to stayhome are nonrefundable. The applicable Service fee is charged in USD, EUR, GBP or NIS depending on your location. Please note, if your local currency is different from the currency in which the prices are quoted, your bank will apply the exchange rate applicable per the date of purchase, which is beyond our control. Unless otherwise stated, the Service Fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including but not limited to value-added, sales, use or withholding taxes, assessable by any local, state, provincial, federal or foreign jurisdiction. You are responsible for paying all taxes associated with your purchase of the Services hereunder. Stayhome is solely responsible for taxes assessable against it based on stayhome’s income, property and employees. If stayhome has the legal obligation to pay or collect taxes for which you are responsible under this paragraph, the appropriate amount will be invoiced to and shall be paid by you. stayhome reserves the right to revise the rate of the Service fees and payment terms at any time, subject to providing users with adequate notice of any changes before they become effective. In case of any questions or difficulties with procuring payments, please reach out to contact@stayhome.ai.

Content and intellectual property rights

Short version: We own the Service and all of our content. In order for you to use our content, we give you certain rights to it, but you may only use our content in the way we have allowed. You own and are solely responsible for the materials you upload. You are prohibited to upload unauthorized content that may infringe someone’s rights. The Service is owned and controlled by stayhome. Unless otherwise agreed in writing, all materials in the Service, including text, graphics, information, images, designs, icons, photographs, video, sounds, music, computer code, any other materials and the intellectual property rights in such materials (collectively, the «Content«), are owned, controlled and/or licensed by stayhome or included in the Service with the permission of the relevant owner and are protected by copyright and other national and international intellectual property rights. Certain trademarks, trade names and logos used or displayed in the Service are registered and unregistered trademarks and trade names of stayhome and/or of relevant holder(s) and may not be copied, imitated or used, in whole or in part, without the prior written permission of stayhome or the applicable trademark holder(s) Subject to your compliance with these Terms, stayhome grants you a limited, personal, non-exclusive, non-sublicensable, revocable, non-transferable, worldwide license to (i) access and use the Service on your personal device(s) in the manner provided for in these Terms; and (ii) access and view any Content made available in or through the Service and accessible to you. In case you download or copy the Content and other downloadable materials displayed in the Service, no right, title or interest in any downloaded or copied Content is transferred to you as a result of any such downloading or copying. You agree not to change or delete any ownership notices from materials downloaded or printed from the Service. Stayhome reserves the right to monitor your use and to alter or revoke this license or your access to the Service and Content at any time and for any reason without prior notice. Stayhome allowing you this limited use does not constitute a waiver of any of stayhome’s rights to the Content. You are also advised that we are determined to enforce our intellectual property rights to the fullest extent of the law, including through civil remedies and criminal prosecution.

Your Content

When using the Service the users may:
  1. upload, create, display, publish and distribute materials, including trademarks, logos, trade names, texts, confidential materials, personal data, business indicators, images, designs, graphics, icons or other materials and information (“User Content”),
  2. access and view the Content uploaded, published, distributed, displayed by other users of the Service and any Content that stayhome itself makes available through the Service.
For the purposes provided in these Terms as between you and stayhome, you own User Content and information that you submit or post to the Service, and you are only granting stayhome and our affiliates for a period of your Account existence a limited, revocable, non-exclusive, sub-licensable, transferable, royalty-free, worldwide license to access, use, copy, modify, distribute, publish, store, cache and process the information and User Content that you provide through the Service, without any further consent, notice and/or compensation to you or others. When you create or make available any User Content, you thereby represent and warrant that:
  1. The creation, distribution, public display and the accessing, uploading, or copying of such User Content does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
  2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us and other users of stayhome to use your User Content in any manner contemplated by stayhome and these Terms;
  3. You are solely responsible for all the confidential information and personal data that may appear in your User Content (such as a company number, address, pictures of any people, their telephone numbers, etc.)
You are prohibited to use the Service and stayhome Services in any manner not expressly authorised by these Terms, including without limitation: Stayhome may, but is not obliged to, control, is not responsible for, and makes no representations or warranties with respect to any Content. You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research, and due diligence with respect to any Content. You are solely responsible for any User Content you upload to stayhome. Short version: The Service may contain features depending on third-party services and links to the websites we do not control. You must follow other terms when you use such websites or services provided by other parties. Some features are rendered in compatibility with third-party services, including, without limitation, Google and Microsoft calendars. We cannot guarantee that any currently supported third-party services will remain compatible with the Service and all features of the Service are constantly available and uninterrupted. Some parts of the Service may be made available or accessed in connection with third-party services and content that stayhome does not control. The Service may contain links or frame hyperlinks to other websites, some of which are governed by third parties. We have not necessarily reviewed all the information on those other websites and are not responsible for the content of those or any other website or any products or services that may be offered through those or any other website. Inclusion of links to other websites should not be viewed as an endorsement of the content of the linked website. Users use such third-party content contained therein at their own risk. We are not responsible for any losses, damages or other liabilities incurred as a result of your use of any linked website. You acknowledge that different terms of use and privacy policies may apply to your use of such third party websites, services and content.

Warranties and disclaimers

Short version: We provide our Service as is, and we make no promises or guarantees about it. Please read this section carefully; you should understand what to expect. Other than as expressly set out in these Terms or any of our policies, stayhome does not make any specific promises about the Service. The information, materials and software are provided “as is” and “as available”. To the fullest extent permitted by law, stayhome disclaims all warranties, express or implied, regarding the Service, its features, suggested solutions, predictions, content or services you may obtain or access through the Service, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement of intellectual property. Stayhome does not guarantee that the Service will be uninterrupted or error-free, that any defects will be corrected, or that the Service is free of viruses or anything else harmful.

Limitation of liability

Short version: We will not be liable for damages or losses arising from your use or inability to use the Service or otherwise arising under this agreement. Please read this section carefully; it limits our obligations to you. Stayhome is not responsible if any information, materials, content available through the Service are inaccurate or incomplete, as well as for typographical errors or omissions relating to text, numbers or photography. We are not making any promises of any kind, including about the Service’s accuracy, adequacy, usefulness, reliability, legality or otherwise. You agree that it is your responsibility to monitor any changes to the material and the information contained in the Service. You accept sole responsibility for the legality of your actions within the Service under laws applying to you. In no event shall stayhome, its directors, members, employees or agents be liable for indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data or property damage related to, in connection with, or otherwise resulting from any use or inability to use the Service, including, without limitation, any damages caused by or resulting from reliance by a user on any information obtained through the Service, or that result from mistakes, omissions, interruptions, deletion of files or emails, errors, defects, viruses, delays in operation or transmission or any failure of performance, even if stayhome has been advised of the possibility of such damages. Stayhome shall not be liable for any damages, liability or losses arising out of any transaction or relationship between you and third-party services provider or other user, whether or not stayhome has been advised of the possibility of such damages. The foregoing limitations of liability do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions. If any part of the warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities, shall not exceed the total amount of payments made by you to stayhome within one year preceding the claim.

Indemnification

Short version: You are responsible for your use of the Service. If you harm someone else or get into a dispute with someone else, we will not be involved. You agree to defend, indemnify and hold harmless stayhome, its contractors, employees, business partners and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) any breach by you of any of these Terms, (ii) your use/misuse of the Service, content or features available in the Service; (iii) the collection, storage and processing of any information, including confidential information and personally identifiable information within the Service or (iv) a violation by you of applicable law or any agreement or terms with a third party to which you are subject. You also agree to reimburse stayhome for any damage, loss, cost or expense stayhome incurs (including fees or costs of attorneys, accountants, professional advisors, and other experts incurred in connection with the defense or settlement of the foregoing) because of your use of the Service for any unlawful or prohibited purpose. We reserve the right to handle our legal defense however we see fit, including instances when you are indemnifying us. Therefore, you agree to cooperate with us so we execute our strategy.

Applicable law and jurisdiction

Short version: This agreement is governed by the laws of Delaware, USA. We hope to resolve all the issues by peaceful means, but in case a serious dispute arises between us, it must be resolved in the national court of Delaware, USA. Except as otherwise set forth in these Terms or any policies, these Terms shall be exclusively governed by and construed in accordance with the laws of the state of Delaware, USA, excluding its rules on conflicts of laws. The Service has been designed to comply with the laws of the state of Delaware, USA. If any material in the Service, or your use of the Service, is contrary to the laws of the place where you are when you access it, the Service is not intended for you, and we ask you not to use the Service. You are responsible for informing yourself of the laws of your jurisdiction and complying with them. Except where prohibited by applicable law, and without limitation to any statutory rights for consumers, you agree that any dispute, conflict, claim or controversy directly or indirectly arising out of or broadly in connection with or relating to the Service or these Terms, including, without limitation, those relating to its validity, its construction or its enforceability (any “Dispute”) shall be resolved by means of amicable negotiations directly with stayhome team in accordance with the principles of good faith and cooperation. If the consensus may not be reached by the negotiations, the Dispute shall be settled exclusively in the state courts of Delaware, USA, subject to its jurisdiction rules, with the applicable substantive law of the state of Delaware, USA. All claims shall be brought within one (1) year after the claim arises, except to the extent a longer period is required by applicable law.

Electronic communications

Short version: We use email and push-notifications to stay in touch with our users. By using stayhome, you understand and agree that we may send you via email or push-notifications the communications or data from the Service, including, but not limited to (i) notices about the Services used or requested by you; (ii) the Service updates; and (iii) information or materials regarding your Account; and (iv) billing information and notices about transactions in connection with the Services. Note, however, that some email messages may be more “commercial” in nature than others, as they may advertise a feature of the Service or our merchandise or a service in which we believe you may be interested, or may otherwise discuss a marketing campaign or promotion offered by stayhome. We will give you the opportunity to unsubscribe from receiving these commercial emails from us by following the instructions provided in such message(s).

Term and termination

Short version: You may close your account at any time. If you do, we’ll treat your information responsibly. We can close your account, if you violate the rules of these Terms. Termination by you. You may terminate this agreement with stayhome at any time by sending the relevant request to contact@stayhome.ai and no longer accessing or using the Service. If you close your Account, all licenses granted in these Terms will immediately terminate for you and your team members. Upon termination of the Owner’s Account all the subsidiary Manager- and Employee-level accounts will be terminated as well. We may delete all data associated with your Account and activity from our servers without liability or obligation to you. In case of your Account termination the paid fees are not subject to refund. Termination by stayhome. Stayhome reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of these Terms, including, without limitation, the suspension or termination of your access and/or Account. Stayhome may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. We reserve the right, at any time at our sole discretion, to: modify, suspend or discontinue the Service, content, feature or offers through the Service, with or without notice; and/or offer or cancel opportunities to some or all users of the Service. You agree that we shall not be liable to you or to any third party should any of the foregoing occur with respect to the Service.

Other terms

Headings of provisions are for convenience only and shall not be used to limit or construe any provisions of these Terms. If any provision of these Terms is determined to be unlawful, void or unenforceable, the remaining provisions of these Terms will continue to be fully valid, binding and enforceable. We may transfer our rights and obligations under these Terms to third party, but this will not affect your rights or our obligations hereunder. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

Questions and contact information

If you have any questions or comments about these Terms & Conditions or the Service, please contact us by: emailing us at: contact@stayhome.ai. Writing to the following address: 2261 Market Street #4038 San Francisco CA, 94114 USA

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