KoruStay – General Terms and Conditions

Current as of August 2026

Version: 3.1

These are the terms and conditions subject to which we allow you to use Our Website and subscribe to any service. By visiting or using Our Website or subscribing to any service, you agree to be bound by them.

We are KORUSTAY LIMITED (trading as KoruStay), a limited company registered in New Zealand (Company Number: 9416745, NZBN: 9429053550262).

Address: Cable Bay, Far North, New Zealand.

GST Number: 148-344-140

You are: a User, Host, Advertiser, Partner, or Guest as defined below.

It is now agreed as follows:

1. Definitions

• “Service” means the provision of the KoruStay platform, including the creation, hosting, and management of Digital Guest Guides, the Commerce Engine, AI Assistant tools, Automated Safety Engine, and any Additional Services we agree to provide.

• “Platform” means the KoruStay website, software, APIs, and systems that deliver the Service.

• “Subscription” means the plan (e.g., Guide, Concierge, Pro, White Label Guide, White Label Pro, Agency Standard, Agency White Label Pro) you have selected to access the Service.

• “Digital Guest Guide” or “Guide” means the web-based guide created and hosted by us using the Host Content you provide.

• “Host” means a User who signs up for a Subscription to create a Digital Guest Guide or lists services on KoruWorks. For Enterprise or Agency clients (PMCs), the term ‘Host’ also encompasses the Parent Agency, subject to the specific terms of the Enterprise Master Services Agreement.

• “Guest” or “Traveller” means a person who accesses and uses a Digital Guest Guide created by a Host.

• “Global Guest Profile” means a universal Guest account authenticated via single sign-on (SSO) or secure magic link, storing travel preferences, saved favorites, and stay history across the KoruStay network.

• “VIP+” means a premium, 28-day digital software upgrade purchased directly by a Guest from KoruStay for enhanced concierge features, custom themes, and extended AI capabilities.

• “Upsell Item” or “Extra” means any physical good, service, or fee (e.g., Late Checkout, Hamper, Tours) listed by a Host for sale or request by a Guest via the Platform across the three fulfillment journeys (The KoruStay Way, Direct Request, or External Booking Link).

• “AI Assistant” (including “Ask Pio” guest concierge, “Koru Compass” itinerary generator, and “Pion” host co-pilot) means the automated tools that generate content, recommendations, itineraries, or operational responses.

• “Automated Safety Engine” means the KoruStay feature that integrates with third-party government APIs (e.g., MetService, GeoNet) to provide geospatial severe weather and geological alerts to Hosts and Guests.

• “Host Content” means all text, images, videos, links, and any other information provided by a Host to us for inclusion in their Digital Guest Guide or any website we build for them.

2. Interpretation

• These terms apply to all supplies of the Service by us to you. They prevail over any terms proposed by you.

• A reference to a person includes a human individual, a corporate entity, and any organisation.

• This agreement is governed by New Zealand law.

3. Entire Agreement

This agreement (along with any specific Feature Addendums or Enterprise agreements you opt into, such as the Enterprise Master Services Agreement) contains the entire agreement between us and supersedes all previous agreements. For Enterprise and Agency clients, the Enterprise Master Services Agreement acts as an addendum and supersedes these Terms where conflicting.

4. Basis of Contract

• The contract between us comes into existence when we confirm your Subscription or accept a quote for Additional Services.

• We may change this agreement and/or the way we provide the Service at any time. The change will take effect when we post it on Our Website. You agree to be bound by any changes.

• Free Services: There is no contract between us for any free Service (e.g., Free Trial or complimentary promotional access), so you do not become a client in a legal sense by using a free Service, and we are not liable to you in any way resulting from your use of any free Service.

5. Price, Payment, and Commerce

5.1 Subscription & Service Fees

• Prices for all Subscriptions and services are inclusive of any applicable Goods and Services Tax (GST).

• Subscriptions are billed annually in advance.

• Price Changes: We reserve the right to change the price of any Subscription or Service at any time. Price changes will not affect the current paid term of an existing Subscription but will apply upon renewal.

5.2 Commerce Engine & Fulfilment Journeys (Host as Merchant of Record)

This clause applies if you use the Platform to offer or sell Upsell Items (Extras) to Guests. The Platform provides three fulfilment journeys:

(a) The KoruStay Way (In-App Stripe Direct Charge):

• Merchant of Record: When utilizing The KoruStay Way, you (the Host) act as the sole Merchant of Record. Payments are processed directly into your connected Stripe account via Stripe Direct Charge.

• Software Facilitator Only: KoruStay acts solely as a software technology provider facilitating the digital request and payment interface. We are not a party to the contract of sale between you and the Guest. You are 100% legally and financially liable for the delivery, quality, safety, and taxation (including GST/VAT/sales tax) of the items or services sold.

• Stripe Connect: Payment processing is provided by Stripe. By using The KoruStay Way, you agree to the Stripe Connected Account Agreement.

(b) Direct Request (Manual Payment Outside Guide):

• Guests submit an in-guide request with their contact details. No Stripe checkout occurs in the guide.

• The Host coordinates fulfilment and collects payment manually outside the Platform (e.g., cash, bank transfer, or host-provided payment link). KoruStay charges no platform fee and holds zero financial liability for transactions arranged under Direct Request.

(c) External Booking Link (Third-Party / Non-Stripe):

• Guests are directed via an external link to a third-party vendor or the Host’s proprietary external booking engine. KoruStay does not process payments, collects no platform fee (0%), and holds zero liability for external transactions.

5.3 Commerce Payouts

For transactions completed via The KoruStay Way, funds collected for Upsell Items (minus KoruStay Platform Fees and Stripe Processing Fees) are settled directly to your connected bank account according to your Stripe account payout schedule.

5.4 Refunds, Disputes, and Non-Refundable Platform Fees (Commerce Engine)

Because the Host is the sole Merchant of Record for in-guide purchases:

• Customer Service & Disputes: All customer service inquiries, refund requests, and chargeback disputes regarding Upsell Items are strictly between the Host and the Guest.

• Processing Refunds: Hosts must process any agreed-upon refunds directly through their own Stripe Dashboard. KoruStay Support will not process refunds on behalf of a Host.

• Chargebacks: The Host assumes total financial liability for any chargebacks or disputes filed by a Guest, including any associated dispute fees levied by Stripe.

• Non-Refundable Platform Fees: KoruStay charges a technology platform fee (4.5% GST-inclusive on Guide and Concierge tiers; 1.5% GST-inclusive on all other paid tiers) for successfully facilitating the digital transaction. This platform fee is strictly non-refundable once the guest card charge succeeds. In the event a Host issues a refund to a Guest for any reason (including Host cancellation, unavailability, or Guest dispute), KoruStay retains its platform fee. The Host is responsible for covering the cost of the KoruStay platform fee and standard Stripe processing fees from their own account balance when refunding a Guest.

• Technical Failure Exception: In the rare event a refund is necessitated by a verifiable, documented technical platform glitch originating exclusively from KoruStay’s software, KoruStay will refund the associated platform fee to the Host.

5.5 VIP+ Digital Upgrades (Direct KoruStay Transaction)

Guests may optionally purchase a “VIP+” digital upgrade directly from KoruStay. VIP+ grants immediate access to premium digital software features (e.g., advanced AI concierge capabilities, personalized itineraries, custom themes) for a 28-day window.

• Direct Sale: Unlike Host Upsell Items, VIP+ is a direct B2C digital software purchase from KORUSTAY LIMITED.

• Strictly Non-Refundable: Because VIP+ is an immediate digital upgrade providing instant access to software and API-driven AI, purchases are strictly non-refundable for “change of mind” or trip cancellation.

• Technical Failure: Refunds for VIP+ will only be issued if a verifiable technical outage or KoruStay platform error prevents the Guest from accessing their VIP+ features during their active stay.

6. Host Obligations and Content License

• Ownership: You retain full ownership of all Intellectual Property in your Host Content.

• License: You grant KoruStay a non-exclusive, worldwide, royalty-free license to use, reproduce, host, and display your Host Content solely for the purpose of providing the Service to you and your Guests.

• Accuracy & Maintenance: You are solely responsible for the accuracy and maintenance of your Guide. You must ensure all links are functional and images are current. KoruStay is not liable for guest confusion caused by broken links, outdated images, or incorrect information.

• Prohibited Content: You warrant that your Host Content will not contain hate speech, adult/pornographic material, defamatory/misleading information, or malware.

• Indemnity: You agree to indemnify us against all costs and claims arising from a breach of this warranty or from your Host Content.

7. Service Provision & Product Disclaimers

• Standard of Care: We warrant that we will use reasonable skill and care in providing the Service. We do not guarantee 100% uptime.

• Self-Service Updates (SaaS Plans): For standard Subscriptions, the Service operates on an automated, self-service basis via the Host Dashboard.

• Shared, Monetized, and API-Integrated Features (Free Guide Plan Overrides):

  • Free Guide Plan: For Hosts on the free “Guide” Subscription plan, sections including “Local Gems”, “Local Experiences”, and third-party API integrations (such as Viator, GetYourGuide, or Booking.com) are managed and monetized by KoruStay. For Guides on the Free Guide plan, KoruStay explicitly reserves the right to automatically inject, route, or override third-party booking links, tour links, or experience URLs (including Host-submitted Viator links) with KoruStay’s master API parameters and affiliate tracking codes.

  • Paid Subscription Tiers: For Hosts on active paid Subscription tiers (including Concierge, Pro, White Label Guide, White Label Pro, and Agency tiers), KoruStay does not override Host-submitted experience links or commercial URLs, and Hosts retain control over their custom affiliate parameters or direct booking links where supported by their plan.

• AI Tools & Preference Syncing (Ask Pio / Koru Compass):

  • Global Guest Profiles: If a Guest authenticates into a VIP or Global Guest Profile, conversational preferences (such as dietary restrictions, saved gems, and vibe/budget parameters) are synced to their profile across the KoruStay network to personalize future recommendations.

  • Nature of Advice: Recommendations provided by our AI tools are generated based on available data and are not guaranteed to be perfectly current.

  • Crisis Mode (Informational Only): While “Ask Pio” may intercept queries during active severe weather alerts to provide official instructions, it is strictly an informational relay, not an emergency dispatch service. Guests and Hosts must ultimately rely on official government broadcast channels.

• Automated Safety Engine & Health and Safety (HSWA) Compliance:

  • Third-Party API Reliance: The Automated Safety Engine relies entirely on third-party government APIs (including MetService and GeoNet). KoruStay holds no liability for API downtime or geospatial inaccuracies originating from these third-party sources.

  • Disclaimer Shield & OTA Refunds: KoruStay does not control third-party Online Travel Agencies (OTAs). We do not guarantee that OTAs will respect safety disclaimers during their internal dispute resolution processes, and we are not liable for any resulting loss of revenue.

  • Statutory Duty of Care (HSWA): KoruStay provides the Automated Safety Engine as a supplementary tool. The ultimate statutory Duty of Care under the Health and Safety at Work Act 2015 (HSWA) remains strictly with the Host or Property Management Company (the PCBU).

8. B2B Partners, Deals, and Integrations

We partner with third-party businesses to offer our Hosts exclusive wholesale deals. KoruStay does not receive commissions for these offers. Your relationship with any Partner is strictly between you and the Partner.

• Tier-Gated Benefits: Access to high-value Partner discounts is strictly gated based on your active KoruStay Subscription tier. If you downgrade, you forfeit the right to associated discounts.

• Exclusivity and Penalty for Misuse: Partner discount codes and links are strictly confidential. If you publicly leak or improperly claim a discount code you are not authorized to use, the Partner may revoke the discount and back-date standard retail charges, and KoruStay may terminate your access to all future Partner deals.

9. Additional Quoted Services (Website Design, Hosting)

All quotes are estimates. Additional Quoted Services may require a deposit before work commences. We do not guarantee 100% uptime for hosted sites and are not liable for data loss. Clients are encouraged to maintain backups.

10. Advertiser Terms

Advertising is open to local businesses. Accommodation providers may only advertise auxiliary services (e.g., restaurants), not competing listings. Advertisers are solely responsible for the products, services, and claims made in their advertisements.

11. Guest / Traveller Terms

• “As Is” Basis: Guests access Guides on an “as is” basis.

• Contract of Sale (Upsells / Extras): Any purchase or request of accommodation or Upsell Items (whether fulfilled via The KoruStay Way or Direct Request) constitutes a contract strictly between the Guest and the Host. For External Booking Links, the transaction is strictly between the Guest and the third-party operator. KoruStay is not the seller or merchant of record.

• Guest Accounts & SSO: Guests may authenticate via third-party Single Sign-On (SSO) providers (e.g., Google, Apple) or email magic links to access a Global Guest Profile. Guests are solely responsible for maintaining the security of their SSO credentials. KoruStay is not liable for unauthorized access resulting from compromised third-party accounts.

• AI Reliance: KoruStay is not liable for travel decisions made based on AI recommendations.

12. Security and KoruLock

• Host Responsibility: You agree not to share your Host login credentials.

• KoruLock PIN: If you utilize the KoruLock feature, you are solely responsible for managing the PIN and updating it regularly. KoruStay is not liable for unauthorized access to your Guide resulting from a shared, stolen, or infrequently updated PIN.

13. The Incubator (KoruOps) – Educational Disclaimer

Content provided within “The Incubator” or “KoruOps” regarding business operations, tax efficiency, or compliance is provided for Educational and Operational Efficiency purposes only. It does not constitute financial advice.

14. Limitation of Liability

• All implied conditions and warranties are excluded from this agreement.

• We shall not be liable to you for any indirect or consequential loss.

• In any circumstances where we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding 12-month period.

• You agree to indemnify us against all costs and claims arising directly or indirectly from your breach of this agreement.

15. Termination

• Subscriptions will automatically renew unless cancelled.

• We may terminate your Subscription immediately if you fail to pay or breach this agreement.

• Upon termination, your Digital Guest Guide will be taken offline. No refunds will be given for any remaining period.

16. Governing Law

This agreement is governed by the laws of New Zealand. Disputes shall be litigated in New Zealand.