Legal Document
Master Terms and Conditions
Effective Date: March 2026
Prepared in compliance with the Muluki Civil Code, 2074 (2017) and the Electronic Transactions Act, 2063.
1. Legally Binding Acceptance of Terms
These Terms and Conditions constitute a legally binding, enforceable commercial contract between the software provider (the "Company") and the individual, corporation, or legal entity registering to access the platform (the "Subscriber"). By executing a registration, accessing the software interface, or utilizing the application programming interfaces (APIs), the Subscriber unconditionally accepts and agrees to be bound by these terms in their entirety.
If the individual accepting these terms is acting on behalf of a corporate entity, they represent and warrant that they possess the requisite legal authority to bind said entity. If the Subscriber does not agree to these terms, access to and utilization of the application is strictly and explicitly prohibited.
2. Provision of Service and Proprietary Licensing
Subject to the continuous payment of applicable fees, the Company grants the Subscriber a revocable, non-exclusive, non-transferable, and highly limited license to access and utilize the Software as a Service (SaaS) platform for the sole, internal business purpose of managing hostel and property operations. The software is provided on a licensed basis and is not sold to the Subscriber.
The Company comprehensively retains all intellectual property rights, source code ownership, trademark rights, patents, trade secrets, and proprietary methodologies associated with the application, including any future modifications, updates, or custom features developed based on Subscriber feedback.
3. Subscriber Operational Obligations and Acceptable Use Policy
The Subscriber bears full, unmitigated legal and operational responsibility for all activities, data inputs, and communications conducted under their account credentials. The Subscriber affirmatively agrees to:
- Provide accurate, current, and complete corporate registration, identity verification, and billing information.
- Maintain the strict confidentiality of all account credentials, passwords, and cryptographic API keys, immediately notifying the Company of any suspected security breach.
- Obtain all necessary statutory consents, particularly those mandated by the Nepal Individual Privacy Act, 2018, before uploading any End-User data, sensitive personal information, or financial records into the system.
- Comply rigorously with all local, national, and international laws governing hospitality operations, tenancy rights, tax collection, anti-discrimination, and data protection.
- Implement adequate age verification mechanisms for their End-Users, ensuring compliance with global minor protection frameworks.
The Subscriber is strictly and expressly prohibited from:
- Reverse-engineering, decompiling, disassembling, or attempting to extract the underlying source code or algorithms of the application.
- Utilizing the platform to transmit malicious code, malware, ransomware, or engaging in activities that disrupt the integrity or performance of the software infrastructure.
- Engaging in data scraping, automated data harvesting, or the unauthorized mass extraction of system databases using unauthorized bots or scripts.
- Using the service to store, transmit, or process illegal, defamatory, highly offensive, or globally restricted content, including materials that violate intellectual property rights.
4. Financial Terms, Subscription Fees, and Chargeback Allocation
Access to the platform is provided exclusively on a subscription basis. The Subscriber authorizes the Company to automatically charge the designated payment method for all applicable recurring fees, taxes, and usage-based overages. The Company reserves the unilateral right to modify the pricing structure upon providing thirty (30) days' written notice to the Subscriber.
All fees paid are strictly non-refundable except as mandated by applicable consumer protection laws. In the event of payment failure, credit card expiration, or initiated chargebacks, the Company reserves the immediate right to suspend or terminate the Subscriber's access without any liability for resulting data inaccessibility, loss of revenue, or business interruption. The Subscriber agrees to reimburse the Company for any administrative penalties, legal fees, or banking fines incurred due to fraudulent chargebacks initiated by the Subscriber.
5. Comprehensive Indemnification
The Subscriber agrees to unconditionally indemnify, defend, and hold harmless the Company, its directors, officers, employees, investors, and affiliates from and against any and all claims, civil liabilities, damages, operational losses, regulatory fines, penalties, and legal expenses (including reasonable attorney's fees) arising out of or directly related to:
- The Subscriber's breach, violation, or non-performance of any provision within these Terms and Conditions.
- Any claims brought by End-Users (including guests, tenants, or employees) regarding data privacy violations, physical injuries sustained on the hostel property, loss of personal property, or disputes related to hostel accommodations and billing.
- The Subscriber's infringement or misappropriation of any third-party intellectual property, privacy rights, or data protection mandates.
- Non-compliance with the Nepal Electronic Transactions Act, 2063, the Consumer Protection Act, 2075, or equivalent international statutes governing commercial conduct.
6. Strict Limitation of Liability
Important Provision
To the absolute maximum extent permitted by applicable law, including the provisions of the Muluki Civil Code, 2074, the Company shall not be liable to the Subscriber or any third party for any indirect, incidental, special, consequential, punitive, or exemplary damages. This comprehensive exclusion encompasses, but is not limited to, damages for loss of profits, loss of goodwill, loss of digital data, business interruption, reputational harm, or the costs associated with the procurement of substitute software services, even if the Company has been explicitly advised of the possibility of such damages.
In no event shall the aggregate, cumulative liability of the Company, whether arising in contract, tort (including negligence), strict liability, or otherwise, exceed the total monetary amount of subscription fees actually paid by the Subscriber to the Company during the six (6) months immediately preceding the specific event giving rise to the claim. The Subscriber expressly acknowledges that this limitation of liability reflects an informed, voluntary allocation of commercial risk and constitutes a fundamental, non-negotiable element of the basis of the bargain between the contracting parties.
7. Exemption of Network Service Provider Liability
Pursuant to Section 43 of the Electronic Transactions Act, 2063 of Nepal, and analogous international safe harbor frameworks, the Company operates strictly as a network service provider, software licensor, and digital intermediary. The Company shall bear no civil, criminal, or administrative liability arising from any facts, data, media, or statements uploaded, processed, published, or transmitted by the Subscriber or any third parties through the platform. The Company does not actively monitor End-User content for legal compliance and relies entirely on the Subscriber to ensure the lawfulness of all data housed within their specific instance of the software.
8. Termination, Suspension, and Severability
The Company reserves the absolute right, at its sole and unfettered discretion, to suspend or terminate the Subscriber's account and access to the services immediately, without prior notice or liability, for any reason whatsoever, including without limitation a material breach of these Terms, suspected fraudulent activity, or prolonged account inactivity. Upon termination, the Subscriber's right to utilize the service will immediately cease. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
9. Governing Law, Dispute Resolution, and Statute of Limitations
These Terms and Conditions, and any disputes arising from the commercial relationship between the parties, shall be governed by and construed exclusively in accordance with the laws of Nepal, without regard to its conflict of law principles. Any dispute, controversy, or claim arising out of or relating to this contract, or the breach, termination, or invalidity thereof, shall be subject to the exclusive jurisdiction of the competent courts located in Kathmandu, Nepal.
Pursuant to Section 503 of the Muluki Civil Code, 2074, the Subscriber agrees that any lawsuit or legal proceeding pertaining to a contractual claim under these terms must be formally initiated within two (2) years of the accrual of the cause of action, after which time all claims shall be permanently time-barred and legally extinguished.