KoruStay – General Terms and Conditions
Current as of April 2026
Version: 2.8
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., Starter, Pro, Premium, Agency) 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.
“Upsell Item” means any physical good, service, or fee (e.g., Late Checkout, Hamper, Tours) listed by a Host for sale to a Guest via the Platform.
“AI Assistant” (including “Ask Pio” and “Koru Compass”) means the automated tools that generate content, recommendations, or concierge 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.
“KoruVoice” means the community feedback and feature voting platform used to gather User input on the development roadmap.
“KoruSignal” (and “KoruSignal Boost”) means the Search Engine Optimization (SEO) and data structuring tools designed to enhance the visibility of User content on third-party search engines and Large Language Models (LLMs).
“KoruLock” means the PIN-based security feature used to restrict access to specific Guides.
“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.
“Partner” means a third-party business (e.g., internet provider, OTA, amenities distributor) that has entered into a strategic agreement with KoruStay.
“Our Website” means korustay.co.nz and any other website or service designed for electronic access which is owned or operated by us.
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 Pilot Addendum or the Enterprise Master Services Agreement) contains the entire agreement between us and supersedes all previous agreements.
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., Starter plan or Free Trial), 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 Commercial Agency
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.
Transaction Fees & Floors: Fees for the Commerce Engine (Upsells) are calculated as a percentage of the transaction value. KoruStay reserves the right to apply a Minimum Fee Floor (e.g., $8.00 NZD) per transaction, regardless of the percentage rate, to cover processing costs. Current rates and floors are detailed on our Pricing page.
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 KoruStay as Limited Commercial Agent (Commerce Engine)
This clause applies if you use the Platform to sell Upsell Items or Services to Guests.
Appointment: You explicitly appoint KoruStay as your Limited Commercial Agent for the sole purpose of accepting payments from Guests on your behalf.
Discharge of Debt: You agree that payment made by a Guest to KoruStay (via our processor) shall be considered the same as payment made directly to you. You must provide the purchased item/service to the Guest as if you had received the funds directly.
Liability: KoruStay acts solely as a payment interface. We are not a party to the contract between you and the Guest. We are not liable for the delivery, quality, or safety of the items sold.
Stripe Connect: Payment processing is provided by Stripe. By using the Commerce Engine, you agree to the Stripe Connected Account Agreement.
5.3 Payouts
Funds collected (minus KoruStay Platform Fees and Stripe Processing Fees) are paid out to your connected bank account on a Rolling Weekly Schedule (typically processed every Monday), subject to Stripe’s processing times and minimum payout thresholds.
5.4 Refunds and Disputes (Commerce Engine)
Because KoruStay acts as a Limited Commercial Agent, disputes regarding Upsell Items are primarily between the Host and the Guest. When a refund is processed, standard payment gateway transaction fees (which are not refunded by Stripe) are allocated based on fault:
Guest at Fault: If the Guest requests a refund due to a change of mind, cancellation, or user error, the Guest will receive a refund less the non-refundable transaction fees.
Host at Fault: If the refund is due to the Host’s failure to deliver the item, poor quality, or Host cancellation, the Guest is entitled to a full 100% refund. The non-refundable transaction fees will be charged to the Host and deducted from their future payouts or connected account balance.
KoruStay at Fault: If a refund is necessitated by a verifiable technical glitch or platform error on KoruStay’s end, the Guest will receive a full refund, and KoruStay will absorb the transaction fees.
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, discrimination, or incitement to violence.
Adult, sexual, or pornographic material.
Defamatory, unlawful, or misleading information.
Malware, harmful code, or links to illegal sites.
Enforcement: KoruStay has a zero-tolerance policy. We reserve the right to remove any content or terminate any account immediately if this warranty is breached.
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 (e.g., Starter, Pro, Premium), the Service operates on an automated, self-service basis. You are provided with access to the Host Dashboard to manage and update your Guide content directly. These updates are self-managed and do not constitute “revisions” requiring manual intervention by KoruStay.
Revisions (Bespoke Projects): For custom design or “Done For You” projects where KoruStay staff manually create content, the number of included manual revisions will be specified in the formal Scope of Work.
Shared and Monetized Features: For certain Subscription tiers (e.g., Starter and Pro), features such as the “Local Guide” and “Book Local Experiences” sections are provided and managed by KoruStay. You acknowledge that these sections may contain affiliate links, advertisements, or other content monetized by KoruStay. You agree that these sections are mandatory for these tiers.
AI Tools (Ask Pio / Koru Compass):
Nature of Advice: Recommendations provided by our AI tools are generated based on available data.
No Guarantee of Currency: You acknowledge that AI recommendations are only as current as the last verified database update. Real-world conditions may have changed.
Crisis Mode (Informational Only): While “Ask Pio” may intercept queries during active severe weather alerts to provide official crisis instructions, it acts strictly as an informational relay. It is not an emergency dispatch service. Guests and Hosts must ultimately rely on official government broadcast channels. KoruStay is not liable for AI hallucinations, misinterpretations, or delayed responses during emergencies.
User Verification: KoruStay accepts no liability for Guests relying on AI advice that proves to be outdated or incorrect.
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). We provide this data “as is”. KoruStay holds no liability for API downtime, delayed alerts, or geospatial polygon inaccuracies originating from these third-party authoritative sources.
Disclaimer Shield & OTA Refunds: While KoruStay automatically attaches a legal disclaimer to guest alerts (stating alerts do not override standard cancellation policies), KoruStay does not control third-party Online Travel Agencies (OTAs). We do not guarantee that OTAs will respect the disclaimer during their internal dispute resolution processes, and we are not liable for any resulting loss of revenue or enforced refunds.
Statutory Duty of Care (HSWA): KoruStay provides the Automated Safety Engine as a supplementary tool to assist with guest communication and operational readiness. However, the ultimate statutory Duty of Care under the Health and Safety at Work Act 2015 (HSWA) or equivalent local legislation remains strictly with the Host or Property Management Company (the PCBU). KoruStay is not legally liable for any injuries, property damage, or regulatory prosecutions resulting from natural hazards or extreme weather events.
KoruVoice (Development Roadmap):
Feedback Platform: KoruVoice is a community voting tool to help prioritize our development.
No Obligation: The submission of a request or the casting of a vote does not create a contractual obligation for KoruStay to build, release, or maintain any specific feature. We reserve the final right to determine our development roadmap.
KoruSignal & KoruSignal Boost (SEO & Visibility):
No Guarantee of Ranking: KoruSignal facilitates the technical structuring of data for Search Engines and LLMs (e.g., ChatGPT). However, KoruStay does not guarantee specific search engine rankings, traffic volumes, or visibility placements, as these are determined by third-party algorithms outside our control.
Book Direct Buttons: The “Book Direct” feature in KoruSignal Boost is a linking tool. KoruStay is not responsible for the conversion rate or technical performance of the Host’s own direct booking website.
8. B2B Partners, Deals, and Integrations
8.1 Independent Relationship & Zero Commission
We partner with third-party businesses (“Partners”) to offer our Hosts exclusive wholesale deals, discounts, and integrations (the “Partners & Deals Engine”). These deals are negotiated purely as a value-add for the KoruStay ecosystem; KoruStay does not receive commissions or kickbacks for these offers. Your relationship with any Partner is strictly between you and the Partner. KoruStay is not a party to the contract between you and the Partner, nor are we responsible for their service delivery, quality, or billing.
8.2 Tier-Gated Benefits and Revocation
Access to certain high-value Partner discounts is strictly gated based on your active KoruStay Subscription tier.
Contingent Access: You acknowledge that your right to receive and maintain a Partner discount is entirely contingent upon maintaining the qualifying KoruStay Subscription.
Downgrades and Revocation: If you cancel, pause, or downgrade your KoruStay Subscription to a non-qualifying tier, you immediately forfeit the right to the associated Partner discounts.
Partner Enforcement: The Partner reserves the right to verify your active status with KoruStay. If you no longer hold a qualifying tier, the Partner may revoke your discount, terminate your contract with them, or revert your billing to standard retail pricing. KoruStay holds no liability for any increased costs you incur.
8.3 Deal Modifications and Availability
Partner offers are provided at the discretion of the third-party Partner. KoruStay does not guarantee that any specific deal, discount, or partnership will remain available in perpetuity. The withdrawal or modification of a Partner deal does not constitute a breach of contract by KoruStay and does not entitle you to a refund of your KoruStay Subscription fees.
8.4 Exclusivity and Penalty for Misuse (Leaked Codes & Links)
Many Partner deals rely on exclusive discount codes or special URL links that automatically apply discounts at checkout. These codes and links are strictly confidential and for the sole use of the active, qualifying KoruStay Host.
Prohibition on Sharing: You are expressly prohibited from sharing, publishing, or distributing these discount codes or special links publicly (including, but not limited to, social media platforms, public forums, or coupon websites).
Penalty for Breach and Unauthorized Use: If a Partner or KoruStay discovers that an exclusive discount code or link has been leaked by you, or if you have used a code or link that you were not authorized to access (e.g., claiming a Premium-tier deal while on a Free tier, or using a leaked link found externally), the Partner reserves the right to immediately revoke the discount and, at their discretion, back-date standard retail charges to your account for the period the discount was improperly claimed.
Termination of Access: Furthermore, if KoruStay identifies you as the source of a leaked code/link, or as an unauthorized user of one, we reserve the right to immediately terminate your access to all current and future Partner deals within the KoruStay Platform.
9. Additional Quoted Services (Website Design, Hosting)
Quotations: All quotes are estimates. A formal Scope of Work document will be agreed upon before a project commences.
Deposits: Additional Quoted Services may require a deposit (typically 50%) before work commences, with the balance due upon completion.
Host Delays: You are responsible for providing all content required for the website in a timely manner.
Hosting: We do not guarantee 100% uptime and are not liable for data loss. Clients are encouraged to maintain backups.
Domains: When we purchase a domain, we act as a reseller. You are the legal owner, subject to the registrar’s terms.
10. Advertiser Terms
Eligibility: Advertising is open to local businesses. Accommodation providers may only advertise auxiliary services (e.g., restaurants), not competing listings.
Responsibility: Advertisers are solely responsible for the products, services, and claims made in their advertisements. KoruStay does not endorse Advertiser products.
11. Guest / Traveller Terms
“As Is” Basis: Guests access Guides on an “as is” basis.
Contract of Sale: Any purchase of accommodation or Upsell Items is a contract strictly between the Guest and the Host. KoruStay is not the seller.
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 to protect sensitive Guide information, you are solely responsible for managing the PIN and updating it regularly (e.g., after each guest departure).
Liability: 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
Nature of Content: Content provided within “The Incubator” or “KoruOps” regarding business operations, tax efficiency, or compliance is provided for Educational and Operational Efficiency purposes only.
Not Financial Advice: KoruStay is not a registered financial service provider, accountant, or tax agent. This content does not constitute financial advice under the Financial Markets Conduct Act 2013.
Professional Advice: You should consult a qualified accountant or legal professional before making business decisions based on our efficiency tools.
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.
KORUSTAY ENTERPRISE MASTER SERVICES AGREEMENT (MSA)
Effective Date: March 2026
This Enterprise Master Services Agreement (“MSA” or “Agreement”) applies exclusively to Property Management Companies (“PMCs,” “Agencies,” or “Enterprise Clients”) subscribing to the KoruStay Agency Standard or White Label Pro (“WL Pro”) tiers. This Agreement acts as an addendum to, and supersedes where conflicting, the KoruStay General Terms and Conditions.
1. Subscription Billing & Capacity Buckets
1.1 Capacity Limits: Enterprise Subscriptions are billed based on “Capacity Buckets” (e.g., Up to 25 Guides, Up to 60 Guides). The PMC is granted a license to create and manage Digital Guest Guides up to their purchased limit.
1.2 Overage & Restriction: If the PMC exceeds their active capacity limit, KoruStay reserves the right to restrict the creation of new Guides or automatically upgrade the PMC to the next corresponding tier bucket.
1.3 Concierge Setup Fees: Enterprise onboarding requires a decoupled “Concierge Setup Fee” (ranging from $999 to $3,999 NZD). Because this fee covers immediate manual labor, technical provisioning, and secure data ingestion by KoruStay staff, this fee is strictly non-refundable once the payment is completed or the data ingestion process has commenced, regardless of whether the PMC ultimately utilizes the platform.
2. The Commerce & Upsell Engine (Bifurcated Liability)
The KoruStay Platform permits PMCs to offer “Upsell Items” (e.g., Late Checkout, Tours) to guests. Liability is strictly determined by the payment routing method utilized by the PMC.
Scenario A: Native KoruStay Engine (Stripe Connect)
If the PMC utilizes KoruStay’s native commerce engine to process payments:
Merchant of Record: KoruStay acts as the Limited Commercial Agent and processes the card. KoruStay deducts its non-refundable technology fee and routes the balance to the PMC’s connected Stripe account.
PMC Liability & Indemnification: The PMC is solely responsible for the quality, delivery, and safety of all Upsell Items. The PMC fully indemnifies KoruStay against any claims regarding unfulfilled services, guest injuries, or false advertising.
Refunds & Chargebacks: In the event of a guest refund or chargeback dispute, the PMC is 100% financially liable for the lost funds and any associated dispute fees. KoruStay retains the right to claw back these funds from the PMC’s connected account. KoruStay strictly retains its technology fee in all refund scenarios.
No Fiduciary Duty: KoruStay has zero legal or financial obligation to the individual Property Owners whose properties are managed by the PMC. The PMC is 100% responsible for remitting any required revenue to their clients off-platform.
Scenario B: Off-Platform Bypass (WL Pro)
If a WL Pro PMC utilizes external links to route guests to their own payment gateways or Property Management Software (PMS) checkouts:
Liability Severance (Safe Harbor): The PMC becomes the sole Merchant of Record. KoruStay does not process the transaction, collects no technology fee, and has zero visibility into the commerce event.
Waiver of Support: KoruStay bears absolutely zero liability, technical support obligation, or dispute resolution responsibility for any transaction, agreement, or commerce event conducted outside of the native KoruStay Stripe Connect engine.
3. Data Ownership & Staff Governance (Zero-Trust)
3.1 Account Hierarchy & Sub-User Liability: The PMC holds the Master Account and may invite operational staff (“Sub-Users”) to manage Guides. The PMC accepts absolute legal and financial responsibility for all actions, edits, deletions, and communications made by any Sub-User operating within their KoruStay environment.
3.2 Audit Logging: KoruStay utilizes an immutable backend Audit Engine that logs IP addresses, timestamps, and field changes. The PMC acknowledges and consents to this logging. KoruStay reserves the right to utilize these audit logs internally or provide them to the PMC in the event of a security review or dispute.
3.3 Property Owner Consent Warranty: By importing property data onto the KoruStay Platform, the PMC explicitly warrants that they possess the legal right and active consent from the underlying individual Property Owners to upload, host, and display their property data, intellectual property, and imagery. The PMC fully indemnifies KoruStay against any claims made by individual Property Owners regarding unauthorized data usage.
4. White-Labeling, Custom Branding & Domain Mapping
This section applies to Enterprise Clients utilizing “WL Pro” custom branding features.
4.1 Intellectual Property Retention: The ability to remove standard KoruStay branding, apply custom logos, or utilize custom domain mapping (e.g., guides.pmc-website.com) does not transfer any software ownership rights to the PMC. The underlying software, code, infrastructure, AI engines, and KoruSignal SEO schema remain 100% the exclusive Intellectual Property of KoruStay.
4.2 Trademark & Copyright Indemnification: The PMC is solely responsible for the legality of the logos, brand names, and custom domains they connect to the Platform. The PMC fully indemnifies and holds KoruStay harmless against any third-party trademark, copyright, or IP infringement claims resulting from the PMC’s chosen white-label assets or mapped domain names.
5. Termination
Upon termination of this MSA by either party, KoruStay will disable the PMC’s Master Account and all associated Sub-User accounts. All associated Digital Guest Guides will be taken offline. Setup fees and previously paid subscription capacity bucket fees are non-refundable.