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Last updated on 06/02/2025
These General Terms and Conditions of Sale and Use (hereafter referred to as the "GTCU") govern the relationships between nowistay SAS (hereafter referred to as the "Platform") and any short-term rental owner (hereafter referred to as the "Owner") wishing to use nowistay services.
Identification of the Platform:
- Company Name: NOWISTAY
- Legal Form: Société par Actions Simplifiée (SAS)
- Registered Office: 2 PLACE DE LA BOURSE 33000 BORDEAUX
- Registration: SAS NOWISTAY registered with the RNE under number 938 031 838
- VAT Number: FR08938031838
- Publication Director: Bassel Abedi
- Contact: hello@nowistay.com
The Owner's registration on the Platform implies full and complete acceptance of these GTCU, without any reservation or restriction.
The Platform provides the Owner with:
- A service for creating and publishing digital welcome guides through a dedicated editor.
- An AI assistant for managing communications with travelers.
These services are offered as paid subscriptions (monthly or yearly) depending on the chosen offerings.
The Owner must be either a legally constituted individual or legal entity with the legal capacity to contract.
The Owner provides accurate and up-to-date information upon registration, including a username and password, and commits to keeping them updated.
The Owner's username and password are strictly personal and confidential. The Owner is solely responsible for their use and agrees not to disclose them to third parties.
The Owner must ensure the security of their username and password by using secure combinations and changing them regularly.
In case of loss, theft, or unauthorized use of their credentials, the Owner agrees to immediately inform the Platform so that appropriate measures can be taken.
Any action taken on the Platform with the Owner's credentials is presumed to be performed by them. The Platform cannot be held responsible for any fraudulent use of the Owner's credentials.
The Platform reserves the right to verify the information provided and to refuse or suspend any registration not in compliance with these GTCU.
The Platform provides the Owner with a digital tool for creating, editing, and publishing welcome guides intended for travelers. This service includes:
- Guide Editor:
 - An intuitive interface allowing the Owner to:
  - Create personalized guides (text, images, videos, links, etc.)
  - Structure the content in free formats
  - Preview the guide before publication
- Hosting and Distribution:
 - Created guides are hosted on the Platform's servers and accessible to travelers via:
  - A unique shareable link
  - Possible integration into existing communications (emails, messages, etc.)
  - Secure access to limit distribution only to relevant travelers
- Additional Features:
 - Manual and automatic translation (subject to available languages)
 - Real-time updates of published guides
- Platform's Commitments:
 - Service availability 24/7, subject to planned and unplanned technical maintenance periods. No SLA guarantees are provided by the platform.
 - Regular backup of guides to prevent data loss
 - Respect for the Owner's intellectual property rights on created content
- Owner's Obligations:
 - Ensure the accuracy and updating of information provided in the guides
 - Respect copyright and image rights for all integrated content (texts, photos, videos, etc.)
 - Refrain from publishing illegal, defamatory, or public order contrary content
The Platform offers a conversational assistant based on artificial intelligence (AI) to help the Owner manage interactions with travelers. This service includes:
- AI Assistant Operation:
 - The assistant analyzes historical conversations between the Owner and their travelers to generate suitable responses.
 - It can be activated or deactivated at any time by the Owner.
 - Responses are generated and sent automatically
- Key Features:
 - Management of frequently asked questions (schedules, access, equipment, etc.)
 - Real-time response suggestions during conversations
 - Personalization of responses according to the Owner's tone and style
 - Interaction history for tracking and analysis
- Limits and Responsibilities:
 - The AI assistant is a decision-making aid tool and does not replace human judgment.
 - The Platform does not guarantee the accuracy or relevance of all generated responses.
 - The Owner remains solely responsible for the content of sent messages, whether automatically generated or manually modified.
 - The AI models are operated by OpenAI. By using the assistant, you also agree to the OpenAI terms of use: https://openai.com/policies/row-terms-of-use/.
- Platform's Commitments:
 - Regular updates of algorithms to improve response quality
 - Protection of conversational data in accordance with GDPR
 - Transparency regarding the technical limitations of the AI assistant
- Owner's Obligations:
 - Regularly supervise automated interactions to ensure their quality and compliance
 - Inform travelers about the possible use of an AI assistant in communications
 - Refrain from using the AI assistant for sensitive subjects or those requiring specific expertise (legal issues, medical emergencies, etc.)
The Owner agrees to adhere to the following obligations when using the services provided by the Platform: Â
The Owner ensures the accuracy, truthfulness, and regular updating of the information communicated to the Platform, including during registration and within the context of using the services. Any false statement or omission may result in the suspension or termination of their account.
The Owner agrees to comply with all applicable laws and regulations, in particular concerning:
- Real estate rentals
- Personal data protection (GDPR)
- Intellectual property
- Advertising and consumer information
Within the framework of using the welcome guide editor, the Owner agrees to:
- Guide Content:
 - Provide accurate, complete, and up-to-date information
 - Refrain from publishing illegal, defamatory, discriminatory, or public order contrary content
 - Respect copyright and image rights for all multimedia content (photos, videos, etc.)
- Use of Guides:
 - Limit the distribution of guides to only relevant travelers
 - Obtain prior agreement from the Platform for commercial or promotional use of the guides
 - Regularly update guides to ensure their relevance
- Responsibility:
 - The Owner remains solely responsible for the content of published guides and their use consequences.
Within the framework of using the AI assistant, the Owner agrees to:
- Response Supervision:
 - Regularly verify responses generated by the AI assistant, especially for sensitive or complex subjects
 - Adapt or correct automatic responses if necessary
- Traveler Information:
 - Clearly inform travelers about the possible use of an AI assistant in communications
 - Refrain from allowing the AI assistant to handle subjects requiring human intervention (e.g., emergencies, formal complaints, etc.)
- Historical Data:
 - Ensure that provided historical conversation data is accurate and compliant with applicable regulations
 - Refrain from using the AI assistant for illegal or inappropriate communications
- Responsibility:
 - The Owner remains solely responsible for the messages sent, whether automatically generated or manually modified.
The Owner agrees to:
- Maintain confidentiality of their login credentials (username and password)
- Refrain from sharing their account with third parties
- Immediately inform the Platform in case of loss, theft, or unauthorized use of their credentials
The Owner agrees to:
- Pay for the subscribed subscriptions (monthly or yearly) within time limits
- Keep payment information up-to-date to avoid service interruptions
- Comply with the stipulated termination conditions
The Owner agrees to use the Platform's services fairly and in alignment with their intended purpose. Any abusive, fraudulent, or misused service usage may result in account suspension or termination, without prejudice to potential legal proceedings.
The Owner agrees to immediately report to the Platform any malfunctions, bugs, or technical problems encountered during service use. They will collaborate with the Platform to resolve any encountered problems.
The service prices offered by the Platform are displayed on the platform and vary based on:
- The type of subscribed subscription (monthly or yearly)
- The features included in the chosen offering
- Any additional options selected by the Owner
The Platform reserves the right to change its prices at any time. Changes will be communicated to the Owner at least 30 days in advance by email or via notification on the Platform.
Payment for services is made:
- By credit card
- In advance, for the chosen subscription period (month or year)
- Automatically, with tacit renewal, for monthly subscriptions, unless terminated before the renewal date
Non-payment by the due date results in immediate suspension of services until the situation is regularized.
Subscriptions are concluded for a specified duration (monthly or yearly) and automatically renew at the end of each period, unless terminated by the Owner. To terminate a subscription, the Owner must:
- Make the request via their personal space or by email to hello@nowistay.com
- No refund will be made for periods that have already begun.
In accordance with Article L221-28 of the Consumer Code, the Owner explicitly waives their right of withdrawal as soon as:
- The services have been fully executed before the end of the withdrawal period
- The execution of services has started with the Owner's express agreement
The Platform provides the Owner with an interface for selecting additional services and managing their offering to travelers.
The Platform offers technical and operational support to the Owner if needed.
The Platform commits to implementing necessary measures to ensure the security and confidentiality of the Owner's data.
Travelers can access the additional services associated with the accommodation only during their stay duration.
The Platform provides the Owner with necessary tools to allow travelers to access services (access codes, QR Codes, etc.).
The Owner is responsible for the proper use of services by their travelers and agrees to provide them with necessary information.
The Platform is responsible for processing the Owner's personal data, in compliance with the General Data Protection Regulation (GDPR) and the applicable Data Protection Act. The collected information is processed solely for the purposes described below, in accordance with the legal bases provided by the GDPR.
The Owner's personal data is collected and processed for the following purposes:
- Management of the Owner's registration and account on the Platform.
- Management of subscribed services (service selection, traveler access).
- Billing and payment for services.
- Communication with the Owner (information, support, updates).
- Compliance with legal and regulatory obligations.
- Functional and contractual interactions with AI model suppliers, if applicable.
The Platform reserves the right to modify this Privacy Policy in case of legislative, regulatory, or technical changes, or if modifications are needed for improving transparency. The Owner will be informed of any significant updates by email or notification on the Platform. Continuing to use the Platform after the changes take effect constitutes acceptance of the updated Privacy Policy.
The processing of the Owner's personal data relies on:
- Performance of the contract between the Owner and the Platform (Article 6(1)(b) of the GDPR).
- Compliance with legal obligations (Article 6(1)(c) of the GDPR), particularly in accounting and tax management.
The Owner has the following rights concerning their personal data, which they can exercise at any time:
- Right of access, rectification, erasure, and data portability.
- Right to limit or object to processing, subject to the Platform's compelling legitimate reasons.
- Right to define directives regarding the data's retention, erasure, and communication in case of death.
To exercise these rights, the Owner can contact the Platform at hello@nowistay.com. The Platform commits to responding to requests within a month.
The Platform may rely on subcontractors for technical and secure data management. They are contractually obligated to maintain confidentiality and ensure personal data protection in accordance with the GDPR. The Platform implements appropriate security measures to protect Owner's personal data against any unauthorized loss, alteration, disclosure, or access.
The content of welcome guides created by the Owner remains their exclusive intellectual property. The Owner grants the Platform a non-exclusive, worldwide, and free license to:
- Host, distribute, and display the guides on the Platform
- Use the guides for technical maintenance and service improvements
The software, algorithms, interfaces, and other technical tools provided by the Platform (including the AI assistant) are and remain the exclusive property of the Platform or its partners. The Owner agrees not to reproduce, modify, distribute, or exploit these tools without prior written agreement from the Platform.
The data generated by using the services (e.g., guide consultation statistics, AI assistant logs, etc.) are the property of the Platform. They may be used by the Platform to:
- Improve the services offered
- Provide usage reports to the Owner
- Comply with legal and regulatory obligations
The Owner guarantees they have the necessary rights over any content integrated into welcome guides or used with the AI assistant (texts, images, videos, etc.). In case of a third-party claim for intellectual property rights violation, the Owner assumes full responsibility and indemnifies the Platform against any incurred damage.
The Owner is solely responsible for:
- The content of published welcome guides and their use consequences
- Messages sent via the AI assistant, whether automatically generated or manually modified
- Proper use of services provided by the Platform, in compliance with these GTCU
The Platform cannot be held responsible for:
- Direct or indirect damages resulting from service use by the Owner or their travelers
- Errors, omissions, or inaccuracies in responses generated by the AI assistant
- Service interruptions due to events beyond its control (e.g., technical maintenance, force majeure, etc.)
The Platform disclaims liability for:
- Consequences of responses generated by the AI assistant
- Damages related to the use of historical data provided by the Owner
- Service interruptions due to algorithmic or technical updates
The Owner acknowledges that the AI assistant is a decision-making aid tool and does not replace their human judgment.
The Platform disclaims liability for:
- The content of guides published by the Owner
- Consequences of guide use by travelers
- Potential disputes between the Owner and third parties regarding intellectual property rights
The Owner may terminate their registration. Any partial monthly period is fully payable.
The Platform may terminate the contract in case of serious Owner breaches of the GTCU, with immediate effect.
Termination entails the deletion of the Owner’s account and cessation of access to additional services for their travelers.
Neither party shall be liable for delay or failure in fulfilling contractual obligations resulting from a force majeure event, as defined by Article 1218 of the Civil Code and French jurisprudence. Force majeure events include, without limitation, natural disasters, fires, strikes, social unrest, pandemics, acts of terrorism, wars, telecommunications network interruptions, or any other event beyond reasonable control.
The party affected by a force majeure event must notify the other party in writing as soon as possible, but no later than five business days following the event's occurrence. This notification must describe the event's nature, impact on contractual obligations, and estimated duration.
The affected party's obligations will be suspended during the force majeure event, without any compensation. The affected party will make reasonable efforts to reduce the duration and consequences of the impediment.
If the impediment of contractual obligations exceeds three months, the parties agree to meet to discuss appropriate solutions, including, if necessary, contract termination.
If the force majeure event's duration exceeds three months, and no satisfactory solution is found despite consultations, either party may terminate the contract by written notification, without compensation on either side, subject to payment of monies owed as of the termination date.
The Platform reserves the right to modify these GTCU. The Owner will be informed of modifications by appropriate means. Continued use of the Platform after modifications signifies acceptance of the revised conditions.
These GTCU are governed by French law. Any dispute concerning their interpretation or execution shall be the exclusive competence of the courts within the jurisdiction of the Platform's registered office.
These GTCU constitute the entire agreement between the parties.
If one or more stipulations of the GTCU are deemed invalid, the remaining stipulations will retain their full force and effect.
Failure by either party to enforce any breach by the other party shall not be interpreted as a waiver to enforce such breach in the future.
