Terms and Conditions

Last updated 9 October 2026

AGREEMENT TO OUR LEGAL TERMS

EvryStay Pty Ltd ("Company," "we," "us," or "our") is registered in Australia and operates from G03, 786 Esplanade, Mornington, Victoria. The company operates the website https://evrystay.com (the "Site"), the mobile application EvryStay (the "App"), and related products and services that reference these legal terms (the "Legal Terms") (collectively, the "Services").

EvryStay functions as a web-based digital concierge platform featuring an AI-powered chatbot for guest support, an interactive house manual, and a curated map with local recommendations. The platform facilitates communication between hosts offering short-term rentals ("Hosts") and their clients or prospects ("Clients"), provides tourism information, and facilitates booking of third-party services.

Contact Information

Phone: (+61)466320711
Email: team@evrystay.com.au
Address: G03, 786 Esplanade, Mornington, Victoria, Australia

These Legal Terms constitute a legally binding agreement between you (whether personally or on behalf of an entity) and EvryStay Pty Ltd regarding access to and use of the Services. By accessing the Services, you represent that you have read, understood, and agreed to be bound by all Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

The company will provide prior notice of scheduled changes to Services via email at team@evrystay.com.au. Modified Legal Terms become effective upon posting or notification. Continued use of Services after changes indicates acceptance of modified terms.

Host and business accounts must be managed by someone aged 18 or over with authority to act for the business. Younger guests may use guest guides and stay-related features, with parent or guardian permission where required by law. Making a booking, purchasing a service or accepting obligations on another person’s behalf requires the legal capacity and authority to do so.

Users are encouraged to print a copy of these Legal Terms for their records.

OUR SERVICES
INTELLECTUAL PROPERTY RIGHTS
USER REPRESENTATIONS
USER REGISTRATION
PURCHASES AND PAYMENT
SUBSCRIPTIONS
PROHIBITED ACTIVITIES
USER GENERATED CONTRIBUTIONS
CONTRIBUTION LICENCE
MOBILE APPLICATION LICENCE
THIRD-PARTY WEBSITES AND CONTENT
ADVERTISERS
SERVICES MANAGEMENT
PRIVACY POLICY
COPYRIGHT INFRINGEMENTS
TERM AND TERMINATION
MODIFICATIONS AND INTERRUPTIONS
GOVERNING LAW
DISPUTE RESOLUTION
CORRECTIONS
DISCLAIMER
LIMITATIONS OF LIABILITY
INDEMNIFICATION
USER DATA
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
CALIFORNIA USERS AND RESIDENTS
MISCELLANEOUS
AI SERVICES DISCLAIMER; RECOMMENDATIONS DISCLAIMER
GUEST SATISFACTION DISCLAIMER
REFUND POLICY
CONTRACTS BETWEEN THE CLIENTS, THE HOSTS, AND/OR THIRD-PARTY VENDORS
PROVISION OF SERVICES UNDER THE CONTRACTS
DISPUTES BETWEEN THE CONTRACTORS
PAYMENT PROCESSING
NON-CIRCUMVENTION
AFFILIATE DISCLOSURE
AUTHORISATION TO ACT ON BEHALF OF A BUSINESS ENTITY
CONTACT US

1. OUR SERVICES

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject the company to any registration requirement within such jurisdiction or country. Those who access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

EvryStay is powered in part by generative AI, which may produce suggestions or content that are automated and not manually reviewed. The company does not guarantee the accuracy, completeness, or appropriateness of any AI-generated responses. Hosts or any third parties are responsible for verifying recommendations before sharing them with Clients. EvryStay provides a platform for Hosts and their Clients. Hosts remain responsible for accommodation reservations and for delivering the guest upgrades they offer. EvryStay arranges payment for guest upgrades purchased through the platform and can process a Host-authorised refund through Stripe. Nothing in this section limits rights or remedies that cannot be excluded by law.

2. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

The company is the owner or licensee of all intellectual property rights in the Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").

The Content and Marks are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws and treaties in the United States and around the world.

The Content and Marks are provided in or through the Services "AS IS" for personal, non-commercial use or internal business purpose only.

Your use of our Services

Subject to compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, the company grants a non-exclusive, non-transferable, revocable licence to:

access the Services; and
download or print a copy of any portion of the Content to which you have properly gained access,

solely for personal, non-commercial use or internal business purpose.

Except as set out in this section or elsewhere in the Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without express prior written permission.

To make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in the Legal Terms, please address requests to: team@evrystay.com.au. If the company grants permission to post, reproduce, or publicly display any part of the Services or Content, you must identify the company as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying the Content.

The company reserves all rights not expressly granted to you in and to the Services, Content, and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of the Legal Terms and your right to use the Services will terminate immediately.

Your submissions and contributions

Please review this section and the "PROHIBITED ACTIVITIES" section carefully prior to using the Services to understand (a) rights given to the company and (b) obligations when posting or uploading any content through the Services.

Submissions: Submissions means suggestions or feedback you deliberately provide about improving the Services. You retain ownership of your Submissions and allow the company to use that feedback to improve the Services without compensation to you.

Contributions: Contributions means content you deliberately submit for public display, such as a public review. Private messages, reservation details, identity documents, check-in answers, property access information and crew task evidence are not Submissions or Contributions. We process that information to provide the Services under the Privacy Policy and applicable host instructions. These Terms do not grant permission to sell, publicly disclose or use that information for unrelated advertising or general model training.

You understand that Contributions may be viewable by other users of the Services and possibly through third-party websites.

You retain ownership of your Contributions. You grant EvryStay a non-exclusive, royalty-free licence to host, reproduce, format and display them for the public feature to which you submitted them, and to use service providers for those purposes. This licence does not replace any permission required by privacy law.

This licence covers names, images, trademarks and logos only where you deliberately include them in a Contribution for display in that public feature.

You are responsible for what you post or upload: By sending the company Submissions and/or posting Contributions through any part of the Services or making Contributions accessible through the Services by linking your account through the Services to any of your social networking accounts, you:

confirm that you have read and agree with the "PROHIBITED ACTIVITIES" section and will not post, send, publish, upload, or transmit through the Services any Submission nor post any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
warrant that any such Submission and/or Contributions are original to you or that you have the necessary rights and licences to submit such Submissions and/or Contributions and that you have full authority to grant the company the above-mentioned rights in relation to your Submissions and/or Contributions; and
do not submit confidential information through a feature intended for public display. This restriction does not apply to information provided through private service features.

You are solely responsible for your Submissions and/or Contributions and you expressly agree to reimburse the company for any and all losses that it may suffer because of your breach of (a) this section, (b) any third party's intellectual property rights, or (c) applicable law.

We may remove or edit your Content: Although the company has no obligation to monitor any Contributions, it shall have the right to remove or edit any Contributions at any time without notice if in its reasonable opinion it considers such Contributions harmful or in breach of these Legal Terms. If the company removes or edits any such Contributions, it may also suspend or disable your account and report you to the authorities.

Copyright infringement

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you agree to comply with these Legal Terms, with parent or guardian permission where required by law; (4) you meet the age and authority requirements applicable to the features you use; (5) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Services for any illegal or unauthorised purpose; and (7) your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, the company has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

4. USER REGISTRATION

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. The company reserves the right to remove, reclaim, or change a username you select if it determines, in its sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

5. PURCHASES AND PAYMENT

The company accepts the following forms of payment:

Visa
Mastercard
American Express
Discover

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that the company can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by the company. The company may change prices at any time. All payments shall be in AUD, USD, EUR, and GBP.

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorise the company to charge your chosen payment provider for any such amounts upon placing your order. The company reserves the right to correct any errors or mistakes in pricing, even if it has already requested or received payment.

The company reserves the right to refuse any order placed through the Services. It may, in its sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. The company reserves the right to limit or prohibit orders that, in its sole judgement, appear to be placed by dealers, resellers, or distributors.

6. SUBSCRIPTIONS

Billing and Renewal

A paid subscription renews at the billing interval you select at checkout, monthly or annually, until you cancel. We show the price, billing interval, and any trial before you confirm your subscription. We charge your selected payment method on that interval while the subscription remains active.

Free Trial

An eligible Host may receive a free trial for the period shown at checkout. If you start a paid subscription with a trial and do not cancel before the trial ends, we charge the selected plan at the end of the trial. Checkout shows the amount due and the billing interval before you subscribe.

Cancellation

You can cancel your subscription in your account. Cancellation of a paid subscription normally takes effect at the end of the current paid period. We do not provide a refund solely because you change your mind, but this does not limit any refund or other remedy available under the Australian Consumer Law. For help with cancellation or a problem with the Services, email team@evrystay.com.au.

Fee Changes

The company may, from time to time, make changes to the subscription fee and will communicate any price changes to you in accordance with applicable law.

7. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which the company makes the Services available. The Services may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by the company.

As a user of the Services, you agree not to:

Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from the company.
Trick, defraud, or mislead the company and other users, especially in any attempt to learn sensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
Disparage, tarnish, or otherwise harm, in the company's opinion, the company and/or the Services.
Use any information obtained from the Services in order to harass, abuse, or harm another person.
Make improper use of the company's support services or submit false reports of abuse or misconduct.
Use the Services in a manner inconsistent with any applicable laws or regulations.
Engage in unauthorised framing of or linking to the Services.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Delete the copyright or other proprietary rights notice from any Content.
Attempt to impersonate another user or person or use the username of another user.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ('gifs'), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as 'spyware' or 'passive collection mechanisms' or 'pcms').
Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
Harass, annoy, intimidate, or threaten any of the company's employees or agents engaged in providing any portion of the Services to you.
Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorised script or other software.
Use a buying agent or purchasing agent to make purchases on the Services.
Make any unauthorised use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
Use the Services as part of any effort to compete with the company or otherwise use the Services and/or the Content for any revenue-generating endeavour or commercial enterprise.
Offer inappropriate upsells to end users
Use inappropriate language in the knowledge base
Request end users to complete transactions outside EvryStay
Provide false, inaccurate, or misleading information
Spread ethnically, racially, or otherwise objectionable information
Spread sexually explicit, libellous, harassing, defamatory, abusive, profane, vulgar, threatening, hateful, obscene behaviour and terrorism-related content
Advertise or encourage the use of tobacco, alcohol, and any illegal substances
Unlawfully collect and disclose any information about other users of EvryStay

8. USER GENERATED CONTRIBUTIONS

This section applies only to Contributions as defined in section 2: content you deliberately submit for public display. Private service information is excluded. Public Contributions may be viewable by other users or through third-party websites. Do not submit confidential information through public features. When you create or make available a Contribution, you represent and warrant that:

The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do 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.
You are the creator and owner of or have the necessary licences, rights, consents, releases, and permissions to use and to authorise the company, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.
You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by the company).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.

Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.

9. CONTRIBUTION LICENCE

The licence applies only to the public feature for which you submitted the Contribution, including any name, image, trademark or logo you deliberately included for that display. You do not waive your moral rights under these Terms.

The company does not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. The company is not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate the company from any and all responsibility and to refrain from any legal action against the company regarding your Contributions.

The company has the right, in its sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorise any Contributions to place them in more appropriate locations on the Services; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. The company has no obligation to monitor your Contributions.

10. MOBILE APPLICATION LICENCE

Use Licence

If you access the Services via the App, then the company grants you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App on such devices strictly in accordance with the terms and conditions of this mobile application licence contained in these Legal Terms. You shall not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the App; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by the company or the licensors of the App; (5) use the App for any revenue-generating endeavour, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the App available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the App for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the App; (8) use the App to send automated queries to any website or to send any unsolicited commercial email; or (9) use any proprietary information or any of the company's interfaces or its other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.

Apple and Android Devices

The following terms apply when you use the App obtained from either the Apple Store or Google Play (each an "App Distributor") to access the Services: (1) the licence granted to you for the company's App is limited to a non-transferable licence to use the application on a device that utilises the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor's terms of service; (2) the company is responsible for providing any maintenance and support services with respect to the App as specified in the terms and conditions of this mobile application licence contained in these Legal Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App; (3) in the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App; (4) you represent and warrant that (i) you are not located in a country that is subject to a US government embargo, or that has been designated by the US government as a "terrorist supporting" country and (ii) you are not listed on any US government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the App, e.g. if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the App; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application licence contained in these Legal Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application licence contained in these Legal Terms against you as a third-party beneficiary thereof.

11. THIRD-PARTY WEBSITES AND CONTENT

The Services may contain (or you may be sent via the Site or App) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by the company, and the company is not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by the company. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and the company takes no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that the company does not endorse the products or services offered on Third-Party Websites and you shall hold the company blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold the company blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

12. ADVERTISERS

The company allows advertisers to display their advertisements and other information in certain areas of the Services, such as sidebar advertisements or banner advertisements. The company simply provides the space to place such advertisements, and it has no other relationship with advertisers.

13. SERVICES MANAGEMENT

The company reserves the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in its sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in its sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in its sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to its systems; and (5) otherwise manage the Services in a manner designed to protect its rights and property and to facilitate the proper functioning of the Services.

14. PRIVACY POLICY

The company cares about data privacy and security. Please review the Privacy Policy at https://evrystay.com/privacy. EvryStay's core application services, MongoDB database and Redis cache are hosted through Railway in Singapore, while service media and files stored in Amazon S3 use the Sydney, Australia region. Vercel web delivery and other service providers may process information internationally. The Privacy Policy governs the details of data locations, international disclosures and applicable safeguards. Use of the Services is not treated as blanket consent to international transfers or as the sole basis for a transfer under APP 8, the GDPR or the UK GDPR.

15. COPYRIGHT INFRINGEMENTS

The company respects the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify the company using the contact information provided below (a "Notification"). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Services infringes your copyright, you should consider first contacting an attorney.

16. TERM AND TERMINATION

These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If the company terminates or suspends your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, the company reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

17. MODIFICATIONS AND INTERRUPTIONS

The company reserves the right to change, modify, or remove the contents of the Services at any time or for any reason at its sole discretion without notice. However, the company has no obligation to update any information on the Services. The company will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

The company cannot guarantee the Services will be available at all times. The company may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. The company reserves the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that the company has no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate the company to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

18. GOVERNING LAW

These Legal Terms shall be governed by and defined following the laws of Australia. EvryStay Pty Ltd and yourself irrevocably consent that the courts of Australia shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms.

19. DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or the company (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

Any dispute arising out of or in connection with these Legal Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by the International Commercial Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according to the Rules of this ICAC, which, as a result of referring to it, is considered as the part of this clause. The number of arbitrators shall be one (1). The seat, or legal place, of arbitration shall be Melbourne, Australia. The language of the proceedings shall be English. The governing law of these Legal Terms shall be substantive law of Australia.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilise class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorised use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

20. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. The company reserves the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

21. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

22. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

23. INDEMNIFICATION

You agree to defend, indemnify, and hold the company harmless, including its subsidiaries, affiliates, and all of its respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, the company reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify the company, and you agree to cooperate, at your expense, with the company's defence of such claims. The company will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

24. USER DATA

The company will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although the company performs regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that the company shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against the company arising from any such loss or corruption of such data.

25. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending the company emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications the company provides to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

26. CALIFORNIA USERS AND RESIDENTS

If any complaint with the company is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

27. MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by the company on the Services or in respect to the Services constitute the entire agreement and understanding between you and the company. The company's failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. The company may assign any or all of its rights and obligations to others at any time. The company shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond its reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and the company as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against the company by virtue of the company having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

28. AI SERVICES DISCLAIMER; RECOMMENDATIONS DISCLAIMER

EvryStay uses artificial intelligence services provided by OpenAI and OpenRouter and may use Exa for search and content discovery (collectively, "AI Services"). These services may generate, summarise, recommend, analyse or otherwise assist with content, insights or suggestions. AI outputs are automated and probabilistic and may be inaccurate, incomplete, outdated, biased or misleading. They are provided for informational and assistive purposes only, not as professional, legal, financial or business advice. Users remain responsible for reviewing and verifying outputs before relying on, publishing or sharing them. EvryStay may transmit inputs to the relevant provider to operate the requested feature, subject to applicable law and the Privacy Policy. EvryStay does not control third-party models, training data, search indexes, processing methods or availability. Recommendations and listings may also include information from Hosts or other third-party sources; EvryStay does not guarantee that this information is accurate, complete, lawful, current or suitable. Use of AI outputs and third-party recommendations is at your own risk to the extent permitted by law.

29. GUEST SATISFACTION DISCLAIMER

EvryStay acts as a facilitation tool for the Hosts to enhance guest experiences, but it does not control or guarantee the outcome of guest interactions, experiences, or satisfaction. The company is not responsible for guest reviews, personal experiences during the stay, or any reputational or financial impact related to guest dissatisfaction.

30. REFUND POLICY

Hosts are responsible for providing the guest upgrades they offer. For an upgrade purchased through EvryStay, we arrange payment through Stripe. A Host can request a full refund through EvryStay, which submits the refund to Stripe. If there is a problem with an upgrade or its payment, contact the Host or email team@evrystay.com.au so we can help with the payment or refund process. For a service supplied by a third-party vendor, contact that vendor or EvryStay for help identifying the appropriate support route. Nothing in these terms limits any rights or remedies available under the Australian Consumer Law.

31. CONTRACTS BETWEEN THE CLIENTS, THE HOSTS, AND/OR THIRD-PARTY VENDORS

EvryStay lets Hosts and third-party vendors offer services to guests. The Host or vendor offering a service is responsible for its description and delivery. EvryStay provides the platform and may arrange payment or a refund through Stripe when the purchase takes place on EvryStay. We remain responsible for our own obligations under these Legal Terms and applicable law. Nothing in this section limits a Client's rights against the supplier of a service or EvryStay under the Australian Consumer Law.

32. PROVISION OF SERVICES UNDER THE CONTRACTS

By concluding the Contracts through EvryStay, the Client acknowledges and agrees that the Client is purchasing services from the respective Host and/or third-party vendor and not directly from the company, and the Host and/or third-party vendor (as applicable) is solely responsible for delivering those services. Therefore, for any specifics or enquiries related to the ordered services, the Client is requested to contact the respective Host and/or third-party vendor directly. The Client is solely responsible for carrying out appropriate checks regarding the Hosts and/or third-party vendors, including, without limitation, their relevant trade and industry accreditations, qualifications, and availability schedule prior to concluding the Contracts. The Clients agree to report any abuse related to the Contracts without undue delay to the company. The company reserves the right but is not under any obligation to investigate the reported abuse and impose proportional sanctions on the persons suspected to abuse. The company shall not be responsible for any late or incorrect reporting of abuse.

33. DISPUTES BETWEEN THE CONTRACTORS

If a dispute concerns a service supplied by a Host or third-party vendor, contact that supplier or email team@evrystay.com.au and we will help direct your complaint. We will address complaints about EvryStay's platform, payments, and our other obligations. Nothing in this section limits any right to seek a remedy under applicable law.

34. PAYMENT PROCESSING

Payments made through EvryStay use Stripe. Stripe collects payment details, including card information, to process the charge. EvryStay creates and manages payment requests for purchases made on the platform and may submit a capture or refund through Stripe. We do not receive your full card number, but we may receive limited billing and transaction details needed to provide the Services. If you have a question about a payment made through EvryStay, email team@evrystay.com.au.

35. NON-CIRCUMVENTION

If you order a guest upgrade through EvryStay's checkout, use that checkout to pay for the order. This does not apply to accommodation reservations made elsewhere or to purchases completed on a third-party website.

36. AFFILIATE DISCLOSURE

The company strives to create trustworthy and transparent relationships with its users. Therefore, the company hereby informs you that some of the third-party vendors offered to you through EvryStay may be affiliate partners of the company. This means that, if you click on an affiliate link and purchase the recommended service, the company may be credited a small referral commission (in most cases, 4-10%). Also, the company may receive other forms of compensation (e.g., gifts, samples, demo products, or monetary payments) for placing affiliate links on EvryStay. Please note that you will not pay more for the services purchased through the affiliate links. Any sponsorship of the content featured on EvryStay will also be clearly disclosed as such. The integrity of EvryStay is of utmost importance to the company. Therefore, the company collaborates only with partners, which the company has the reason to trust and honestly recommend and the company only recommends services the company believes will add value to you.

37. AUTHORISATION TO ACT ON BEHALF OF A BUSINESS ENTITY

If you act on behalf of a business entity in accepting these Terms or registering your account, you warrant and undertake that you have the requisite power and authority to act on behalf of that entity and bind the entity to these Terms. By creating an account on EvryStay and providing details of a business entity, you confirm that you are an authorised employee, contractor, or representative of the business entity. The company shall not be responsible in any manner and bear no liability for your activities carried out without such authorisation.

38. CONTACT US

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact the company at:

EvryStay Pty LtdG03, 786 EsplanadeMornington, VictoriaAustraliaPhone: (+61)466320711Email: team@evrystay.com.au