These Terms were last updated on 23 / 08 / 2023.
Midstay (legal structure: Midstay PTE. LTD. based in Singapore) offers a variety of services available online, including but not limited to Individual and Companies (collectively, the “Services”), via a mobile application and websites. The Services are accessible at www.mymidstay.com and any other websites through which Midstay makes the Services available (collectively, the “Websites”).
Midstay has two different types of users depending on the Midstay products used:
- We call users who use the free version of the Midstay Service “Free Users.” While Free Users can access and use the Service, they have access to a more limited set of Service features and functionality than Subscribers.
- We call users who use the Service as part of a paid Midstay subscription plan (regardless of the subscription tier) “Subscribers.” The Service features and functionalities available to Subscribers are determined by the subscription tier and the specific terms agreed between Midstay and the organization (e.g., your employer or another entity or person, called the “Customer”) that entered into a separate agreement that governs delivery, access, and use of the Service (the “Customer Agreement”).
IMPORTANT NOTICE: DISPUTES ABOUT THESE TERMS AND THE SERVICE AND WEBSITES PROVIDED BY MIDSTAY ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN THE “MANDATORY ARBITRATION AND CLASS ACTION WAIVER” SECTION BELOW.
We may, from time to time, modify these Terms. Please check this page periodically for updates. If you do not agree to, or cannot comply with, the modified Terms, you must stop using the Service and Websites. The updated Terms will take effect upon their posting and will apply on a going-forward basis, unless otherwise provided in a notice to you, and except as provided in the Mandatory Arbitration and Class Action Waiver section of these Terms. Your continued use of the Service and Websites after any such update constitutes your acceptance of such changes.
In these Terms:
Content means text, graphics, images, music, software, audio, video, information or other materials.
Data means all data, content, and information (including personal information) owned, held, used or created by you or on your behalf that is stored using, or inputted into, the Service.
Disputes are disagreements between: users, companies, or partners regarding performance of, or payment for the services described under the agreement.
Fees means the applicable fees set out on our pricing page on the Website at www.midstay.com and www.app.midstay.com or as agreed otherwise in writing between you and us, as may be updated from time to time in accordance.
For Companies means clients of Midstay that need to arrange team retreat – to bring their employees together for some time.
For Individual means clients that use the Midstay’s platform – provided a service that focuses on facilitating the connection and interaction between each individual remote worker.
Force Majeure means any events that is beyond the reasonable control of a party, excluding:
- an event to the extent that it could have been avoided by a party taking reasonable steps or reasonable care; or
- a lack of funds for any reason.
Intellectual Property Rights include copyright and all rights existing anywhere in the world conferred under statute, common law, or equity relating to inventions (including patents), registered and unregistered trademarks and designs, circuit layouts, data and databases, confidential information, know-how, and all other rights resulting from intellectual activity. Intellectual Property has a consistent meaning and includes any enhancement, modification, or derivative work of the Intellectual Property.
Member means an individual, who completes Midstay’s account registration process as described under “Account Registration” below.
Midstay Content means all Content that Midstay makes available through the Site, Application, Services, or its related promotional campaigns and official social media channels, including any Content licensed from a third party, but excluding Member Content.
Midstay Software means the software owned by us (and our licensors) that is used to provide the Services.
Objectionable includes being objectionable, defamatory, obscene, harassing, threatening, harmful, or unlawful in any way.
Personal information means information about an identifiable, living person.
Services means the service has the core functionality described on the Website, as the Website is updated from time to time.
Terms means these terms are titled Midstay Terms and Conditions.
User Content means all Content that a Member uploads, publishes, submits, transmits, or includes in their Member profile, or Midstay promotional campaign to be made available through the Site, Application, or Services.
We, us or our means Midstay.
- ELIGIBILITY AND SCOPE
1.1 General. To use the Service and Websites you must be, and represent and warrant that you are, at least 18 years of age and competent to agree to these Terms. If Midstay has previously prohibited you from accessing or using the Service and Websites, you are not permitted to access or use the Service and Websites.
1.2. Companies or other legal entities are prohibited from registering. Creating an account on Midstay is for personal use only.
- HOW THE SITE, APPLICATION, AND SERVICES WORKS
2.1 FOR INDIVIDUAL
Midstay as a platform designed for remote workers, providing a service that enables each individual to enhance and expand their social community. This feature leverages advanced algorithms to match remote workers based on their location, occupation, interests, lifestyle, and more. By utilizing this feature, individuals can connect with like-minded peers who share similar characteristics and preferences, fostering a sense of community and collaboration. Whether it’s finding fellow professionals in a specific industry, connecting with individuals who share common hobbies, or building networks in a particular geographic location.
2.2. FOR COMPANIES
Midstay allows companies to create and manage personalized retreats for their teams. This service enables organizations to design bespoke retreats tailored to their specific needs and objectives. Whether it’s team building activities, workshops, or strategic planning sessions, the Team Retreat service helps companies plan and execute memorable and impactful retreat experiences. By providing a seamless coordination and customization, Midstay empowers companies to foster team cohesion, boost employee morale, and drive productivity through well-organized and engaging team retreats.
- ACCOUNT REGISTRATION AND USE
3.1 Account Registration and Confidentiality. To access the Service and Websites, you must register for a Midstay account by creating a username and password. You agree to provide us with accurate, complete, and current registration information about yourself. It is your responsibility to ensure that your password remains confidential and secure. By registering, you agree that you are fully responsible for all activities that occur under your user name and password. We may assume that any communications we receive under your account have been made by you.
3.2 Unauthorized Account Use. You are responsible for notifying us at email@example.com if you become aware of any unauthorized use of or access to your account. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your account. Midstay will not be liable for any loss, damages, liability, expenses, or attorneys’ fees that you may incur as a result of someone else using your password or account, either with or without your knowledge and/or authorization and regardless of whether you have or have not advised us of such unauthorized use. You will be liable for losses, damages, liability, expenses, and attorneys’ fees incurred by Midstay or a third party due to someone else using your account.
- OUR PROPRIETARY RIGHTS
The Service and Websites are owned and operated by Midstay and contain materials (including all software, design, text, editorial materials, informational text, photographs, illustrations, audio clips, video clips, artwork and other graphic materials, and names, logos, trademarks and services marks) which are derived in whole or in part from materials supplied by Midstay and its partners, as well as other sources, and are protected by Indonesia copyright laws, international treaty provisions, trademarks, service marks, and other intellectual property laws. The Service and Websites are also protected as a collective work or compilation under Indonesia copyright and other law and treaties. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Service and Websites.
You agree to notify Midstay immediately upon becoming aware of any claim that the Service and Websites infringe upon any copyright, trademark, or other contractual, statutory, or common law rights. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including without limitation rights in and to all applications and registrations relating to the Service and Websites shall, as between you and Midstay, at all times be and remain the sole and exclusive property of Midstay. Any unauthorized use of any material contained on or through the Service and Websites may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
- USER CONTENT AND FEEDBACK
5.1 User Content and Submissions on the Service. The Service allows you to create tasks and submit associated information, text, files, and other materials (collectively, “User Content”) and to share that User Content with others. User Content submitted or otherwise made available to the Service is subject to the following terms:
5.1.2 Content submitted to the Service by Subscribers (“Subscriber User Content”) is owned and controlled by the Customer as set forth in the introduction to these Terms and the Customer Agreement. Midstay maintains a limited, non-exclusive, and non-transferable (except in connection with the sale or transfer of its business) license to access, use, copy, reproduce, process, adapt, publish, transmit, host, and display Subscriber User Content for the following limited purposes: (i) to maintain, provide and improve the Service; (ii) to prevent or address technical or security issues and resolve support requests; (iii) to investigate when we have a good faith belief, or have received a complaint alleging, that such Subscriber User Content is in violation of the Customer Agreement or these Terms; (iv) to comply with a valid legal subpoena, request, or other lawful process that meets the requirements of the Customer Agreement and our Law Enforcement Guidelines; and (v) as otherwise set forth in our Customer Agreement or as expressly permitted in writing by the Customer.
5.2 Feedback on the Websites. The Websites may have certain features that allow you to submit comments, information, and other materials (collectively, “Feedback”) to Midstay and share such Feedback with other users, or the public. By submitting Feedback through the Websites, you grant Midstay a license to access, use, copy, reproduce, process, adapt, publish, transmit, host, and display that Feedback for any purpose (including in testimonials or other Midstay marketing materials and where required to do so by law or in good faith to comply with legal process.). We reserve the right to remove any Feedback posted in public forums for any reason at our sole discretion.
5.3 User Content and Feedback Representations. You acknowledge and agree that you have all required rights to submit User Content and Feedback without violation of any third-party rights. You understand that Midstay does not control, and is not responsible for, User Content or Feedback, and that by using the Service and/or Websites, you may be exposed to User Content or Feedback from other users that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Please also note that User Content and Feedback may contain typographical errors, other inadvertent errors or inaccuracies. You agree that you will indemnify, defend, and hold harmless Midstay for all claims resulting from User Content or Feedback you submit through the Service and/or Websites. We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and in any event you will cooperate with us in asserting any available defenses.
- LICENSE AND ACCEPTABLE USE
6.2 Acceptable Use. Misuse of the Service and Websites. You may not utilize the Service and Websites to carry out, promote or support:
- any unlawful or fraudulent activities;
- the impersonation of another person or entity or the misrepresentation of an affiliation with a person or entity in a manner that does or is intended to mislead, confuse, or deceive others;
- activities that are defamatory, libelous, or threatening, constitute hate speech, harassment, or stalking;
- the publishing or posting of other people’s private or personal information without their express authorization and permission;
- the sending of unsolicited communications, promotions advertisements, or spam;
- the publishing of or linking to malicious content intended to damage or disrupt another user’s browser or computer; or
- the promotion or advertisement of products or services other than your own without appropriate authorization.
User Content Standards Within the Service and Websites. You may not post any User Content on the Service or Websites that:
- violates any applicable law, any third party’s intellectual property rights, or anyone’s right of privacy or publicity;
- is deceptive, fraudulent, illegal, obscene, pornographic (including child pornography, which, upon becoming aware of, we will remove and report to law enforcement, including the National Center for Missing and Exploited children), defamatory, libelous, or threatening, constitutes hate speech, harassment, or stalking;
- contains any personal information of minors;
- contains any sensitive personal information, such as financial information, payment card numbers, social security numbers, or health information without Midstay’s prior written consent granted as part of a Customer Agreement;
- contains viruses, bots, worms, or similar harmful materials; or
- contains any information that you do not have a right to make available under law or any contractual or fiduciary duty.
Violations of this Section 6. In addition to any other remedies that may be available to us, Midstay reserves the right to take any remedial action it deems necessary, including immediately remove your User Content or Feedback,suspending or terminating your account or your access to the Service or Websites, upon notice and without liability for Midstay should you fail to abide by the rules in this Section 6 or if, in Midstay’s sole discretion, such action is necessary to prevent disruption of the Service or Websites for other users.
7.1 Some parts of the Service are made available on a paid subscription basis (“Subscription(s)”). Pricing and included features for the Subscriptions (“Subscription Plan(s)”) are set forth here: Midstay pricing plan page. “Subscription Fees” means all fees associated with your Subscription. You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing Cycles are set on a monthly, 3-months or yearly basis.
7.2 Auto-Renewal: You agree that at the end of each Billing Cycle, your Subscription will automatically renew and your payment method for such Subscription will automatically be charged at the start of each new subscription period for the fees and taxes applicable to that Billing Cycle, under the same conditions as the prior Billing Cycle unless you cancel your subscription prior to your renewal date.
7.3 A valid payment method, including credit card, is required to process the payment for your Subscription. You must provide Midstay with accurate and complete billing information including full name, address, state, zip code, and valid payment method information. By submitting such payment information, you automatically authorize Midstay to charge all Subscription Fees incurred through your account to any such payment instruments.
7.4 Should automatic billing fail to occur for any reason, Midstay may attempt to charge the credit card on file one or more times. Should payment continue to fail, the Subscription will be, at Midstay’s sole discretion, canceled or downgraded and you may lose access to certain paid features and Midstay account.
7.5 You may cancel your subscription either through your online account management page or by contacting Midstay customer support team at firstname.lastname@example.org and indicating your intention to cancel your Subscription.
Midstay reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will either post the modification on the Site or via the Application or otherwise provide you with notice of the modification. We will also update the “Last Updated” date at the top of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms.
- FEES AND FEE CHANGES
9.1 At Midstay, we prioritize your experience. Any Subscription Fee adjustments will be made with your best interest in mind and take effect at the end of your current Billing Cycle, giving you ample time to plan.
9.2 Midstay will provide you with reasonable prior notice of any change in Subscription Fees. Your continued use of the Service constitutes your agreement to pay the modified Subscription Fees.
9.3 Subscription Fees are stated exclusive of any taxes or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction (collectively, “Taxes”). You will be responsible for paying all Taxes associated with your Subscription, except for those taxes based on our net income. Should any payment for the Service be subject to withholding tax by any government, you will reimburse us for such withholding tax.
Payment obligations are non-cancelable, and fees paid are non-refundable and there are no credits for partially used subscription periods.
- COMMUNICATION FROM MIDSTAY
By creating an account on our Service, you agree to subscribe to newsletters or marketing materials and other promotional information we may send. However, you may opt-out of receiving any, or all, of these marketing communications from us by accessing your profile setting dashboard and deactivating the notifications accordingly. Please note that we may still send you transactional or administrative messages related to the Service even after you have opted out of receiving marketing communications.
If we determine that your use of the website is not in compliance with Section 6, as stated in this terms and agreements, we reserve the right to terminate or suspend your account and deny access to the Service without prior notice or liability, at our sole discretion.
- WARRANTIES, DISCLAIMERS, AND LIMITATION OF LIABILITY
The service and websites and user content, whether provided by Midstay, its licensors, its vendors or its users, and other information on or accessible from the service and websites are provided “as is” without warranty, representation, condition, or guarantee of any kind, either expressed or implied, including but not limited to any implied warranties, representations, conditions or guarantees of quality, merchantability, fitness for a particular purpose, or non-infringement, all of which are disclaimed to the fullest extent permitted by law. Specifically, but without limitation, Midstay does not warrant that: (i) the information available on the service and websites is free of errors; (ii) the functions or features (including but not limited to mechanisms for the downloading and uploading of user content) will be uninterrupted, secure, or free of errors; (iii) defects will be corrected, or (iv) the service and websites or the server(s) that make the service and websites available are free of viruses or other harmful components. In no event shall Midstay or its affiliates, licensors, vendors, or any of their respective directors, officers, employees, agents, or other representatives be liable to you or any other person or entity for any indirect, special, incidental, consequential, or punitive damages (including, but not limited to, damages for loss of profits, loss of data, loss of use, or costs of obtaining substitute goods or services), arising out of or in connection with the service and websites, any materials, information, or recommendations appearing on the service and websites, or any link provided on the service and websites, whether or not Midstay has been advised of the possibility of such damages and whether based upon warranty, contract, tort, strict liability, violation of the statute, or otherwise. This exclusion of liability shall apply to the fullest extent permitted by law. In any event, our aggregate liability shall not exceed the amount paid for a 12 months subscription. And in any way, our liability will be expressly restricted within a defined time frame. Midstay does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the service and websites or any website featured or linked to through the service and websites, and Midstay will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or service and websites. Midstay will not be liable for the offensive or illegal conduct of any third party.
- MANDATORY ARBITRATION AND CLASS ACTION WAIVER
The Agreement shall be governed by and construed in accordance with the laws of Singapore. The Parties agree to seek settlement of any Dispute arising from this Agreement by mediation.
14.1 If the Dispute is not settled by mediation within 60 days of the commencement of the mediation, the Dispute shall be referred to and resolved by arbitration at Singapore International Arbitration Centre (“SIAC”) , and
14.1.1 The Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) from time to time are deemed to be incorporated by reference into this provision;
14.1.2 The language to be used in mediation, arbitration and determination shall be English;
14.1.3 The number of arbitrators shall be 1;
14.1.4 The seat, or legal place, of arbitration shall be Singapore; and
14.1.5 The arbitrator shall be jointly selected by the Parties within 5 Business Days of first referring the dispute to the SIAC, failing which the SIAC shall appoint the arbitrator.
14.2 Survival. The provisions of this Mandatory Arbitration and Class Action Waiver section, as well as those related to Copyright, License, GDPR, and Confidentiality, will persist even after the termination of your use of the Service and Websites.
14.3 Contact. If you have any questions about the legal section, please contact us at email@example.com.
- GENERAL TERMS
15.1 Force Majeure. Under no circumstances shall Midstay or supplier be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control.
15.2 No Waiver. No waiver of any provision of these Terms will be binding unless in writing, no waiver of any provisions of these Terms will be deemed a further or continuing waiver of such provision or any other provision, and the failure of Midstay to exercise or enforce any right or remedy in these Terms does not waive that right or remedy. If an arbitrator or a court of competent jurisdiction finds any provision of these Terms to be invalid, the parties agree that the court should endeavor to give effect, to the maximum extent permitted by law, to the parties’ intentions as reflected in the provision, and the other provisions of these Terms will remain in full force and effect.
15.3 Notices. Communication from you will be effective only when received through the following physical or email address:
MIDSTAY PTE. LTD.
160 Robinson Road
#14-04 Singapore Business Federation Centre
Please note that we are not accepting any other communication ways out of those mentioned above for the purpose of contacting us.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org.