Terms of Service

Last updated: 31 March 2026

Please read these Terms of Service carefully before using the Everstay platform. By accessing or using our Service, you agree to be bound by these Terms.

1. Acceptance of Terms

By accessing or using the Everstay platform ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you are using the Service on behalf of an organisation, you represent that you have the authority to bind that organisation to these Terms. If you do not agree to these Terms, do not use the Service.


These Terms constitute a binding legal agreement between you ("Customer", "you") and Everstay ("we", "us", "our").

2. Description of Service

Everstay provides a cloud-based carbon accounting and sustainability management platform designed for the hospitality industry. The Service includes tools for carbon emissions tracking, energy monitoring, benchmarking, procurement tracking, action planning, and regulatory reporting (including CSRD and GHG Protocol compliance).


We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with reasonable notice where possible.

3. Eligibility and Accounts

  • You must be at least 18 years old and have the legal capacity to enter into a contract to use the Service.
  • You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.
  • You must promptly notify us at info@everstay.earth of any unauthorised use of your account or any other security breach.
  • You may not share your account credentials with others or create accounts on behalf of third parties without their consent.
  • We reserve the right to suspend or terminate accounts that violate these Terms.

4. Subscriptions and Payment

a) Subscription plans

The Service is offered on a subscription basis. Available plans, pricing, and included features are described on our pricing page. All prices are exclusive of applicable taxes unless otherwise stated.

b) Billing

Subscriptions are billed in advance on a monthly or annual basis, depending on the plan selected. By providing payment details, you authorise us to charge the applicable fees to your payment method on a recurring basis.

c) Renewals and cancellations

Subscriptions renew automatically at the end of each billing period unless cancelled before the renewal date. You may cancel your subscription at any time from your account settings. Cancellation takes effect at the end of the current billing period — no refunds are issued for unused time within a billing period.

d) Price changes

We may change subscription prices with at least 30 days' written notice. Continued use of the Service after a price change constitutes acceptance of the new pricing.

5. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You must not:

  • Use the Service in any way that violates applicable local, national, or international law or regulation
  • Attempt to gain unauthorised access to any part of the Service, its servers, or any connected systems
  • Upload, transmit, or distribute malicious code, viruses, or any software that could harm the Service or other users
  • Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the platform
  • Use the Service to process data on behalf of third parties without their knowledge and consent
  • Misrepresent your identity, affiliation, or the source of data you submit to the platform
  • Scrape, crawl, or extract data from the Service by automated means without our prior written consent

6. Your Data

a) Ownership

You retain full ownership of all data, content, and information you submit to the Service ("Customer Data"). By using the Service, you grant Everstay a limited, non-exclusive licence to process your Customer Data solely to provide and improve the Service.

b) Accuracy

You are responsible for the accuracy, quality, and completeness of Customer Data you submit. Everstay's emissions calculations and sustainability reports are only as accurate as the data provided. We are not liable for errors in outputs resulting from inaccurate input data.

c) Data processing

We process personal data contained within Customer Data in accordance with our Privacy Policy and any applicable Data Processing Agreement. Where required by GDPR, we act as a data processor on your behalf and you act as the data controller.

d) Deletion

Upon termination of your account, we will delete or anonymise your Customer Data within 90 days, unless we are required to retain it by law. You may request an export of your data before termination.

7. Third-Party Integrations

The Service integrates with third-party platforms including Property Management Systems (PMS) such as Opera Cloud, Cloudbeds, Mews, RMS, Little Hotelier, and Hotelogix. By connecting a third-party service, you authorise Everstay to access and process the relevant data from that service on your behalf.


We are not responsible for the availability, accuracy, or security of third-party platforms. Your use of third-party integrations is also subject to the terms and privacy policies of those providers.

8. Intellectual Property

All intellectual property rights in the Everstay platform — including its software, design, algorithms, trademarks, and content — are owned by or licensed to Everstay. Nothing in these Terms grants you any rights in our intellectual property other than the limited right to use the Service as described herein.


You may not copy, reproduce, modify, or create derivative works based on the Service or any part of it without our prior written consent.

9. Confidentiality

Each party agrees to keep confidential any non-public information disclosed by the other party in connection with the Service, and to use such information only for the purposes of these Terms. This obligation does not apply to information that is or becomes publicly available, was already known to the receiving party, or is required to be disclosed by law.

10. Warranties and Disclaimers

We provide the Service on an "as is" and "as available" basis. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.


We do not warrant that:

  • The Service will be uninterrupted, error-free, or secure at all times
  • The results obtained from the Service (including emissions calculations and sustainability reports) will be accurate, complete, or suitable for regulatory submission without independent verification
  • Any defects in the Service will be corrected within a specific timeframe

11. Limitation of Liability

To the fullest extent permitted by applicable law, Everstay's total liability to you for any claims arising out of or in connection with these Terms or the Service shall not exceed the amount you paid to us in the 12 months preceding the claim.


In no event shall Everstay be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, loss of data, reputational damage, or business interruption, even if we have been advised of the possibility of such damages.


Nothing in these Terms limits or excludes liability for fraud, death or personal injury caused by negligence, or any other liability that cannot be excluded by law.

12. Indemnification

You agree to indemnify, defend, and hold harmless Everstay and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with your use of the Service, your Customer Data, or your violation of these Terms.

13. Termination

Either party may terminate the agreement at any time by providing written notice.


We may suspend or terminate your access to the Service immediately and without notice if:

  • You materially breach these Terms and fail to remedy the breach within 14 days of written notice
  • You fail to pay any amounts due and do not remedy this within 7 days of notice
  • You become insolvent, enter administration, or are subject to any analogous insolvency proceedings
  • Continued provision of the Service would expose us to legal or regulatory risk

14. Governing Law and Disputes

These Terms are governed by and construed in accordance with the laws of England and Wales. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.


Before initiating formal legal proceedings, both parties agree to attempt to resolve disputes through good-faith negotiation for a period of 30 days.

15. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will notify you by email or via a notice within the platform at least 14 days before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the revised Terms.


If you do not agree to the revised Terms, you may cancel your subscription before the changes take effect.

16. General

  • Entire agreement — These Terms, together with our Privacy Policy, constitute the entire agreement between you and Everstay regarding the Service.
  • Severability — If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
  • Waiver — Failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
  • Assignment — You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations freely.
  • Force majeure — We are not liable for any failure or delay in performance caused by circumstances beyond our reasonable control.

17. Contact Us

If you have any questions about these Terms, please contact us at:


Everstay

Email: info@everstay.earth

LinkedIn: linkedin.com/company/everstayhospitality