Terms of Service

1. Introduction

These Terms of Service ("Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you", "User", "Customer"), and NexlyHub LLP ("Company", "we", "us", or "our"), concerning your access to and use of the MyPrimePG website, application, and SaaS platform (collectively, the "Service"). MyPrimePG is owned, managed, and operated by NexlyHub LLP.

MyPrimePG is a comprehensive software-as-a-service (SaaS) platform designed for paying guest (PG) owners, hostel operators, co-living operators, property managers, and accommodation providers. The platform helps users manage tenants, monitor occupancy, automate rent collection, generate invoices, facilitate resident communication, and streamline daily property operations.

By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by all of these Terms. If you do not agree with all of these Terms, then you are expressly prohibited from using the Service and must discontinue use immediately.

2. Scope of the Service

MyPrimePG operates under a freemium business model, providing both complimentary and premium tiers of the SaaS application:

• Free Services: Basic tools and entry-tier functionalities are provided free of charge. These services are provided on an "as-is" and "as-available" basis without any uptime guarantees, warranties, or service level agreements (SLAs). We reserve the complete right to modify, limit, suspend, or discontinue Free Services at any time without notice.
• Paid Services: Advanced features, enhanced automation, custom integrations, premium support, and operational expansion tools are accessible via paid subscription plans or as individual add-ons. The features and limitations of Paid Services are detailed in your specific billing plan.

3. MyPrimePG's Role and Disclaimer

MyPrimePG is solely a software service provider. We do not own, operate, manage, lease, control, or inspect any paying guest (PG) accommodations, hostels, co-living facilities, rental properties, or accommodation spaces listed or managed on our platform. We do not act as an accommodation agent, real estate broker, or landlord.

Our platform offers administrative and operational tools for accommodation operators. Consequently:

• No Contractual Relationship: MyPrimePG is not a party to, has no involvement in, and bears no responsibility for any lease, rental contract, license agreement, booking transaction, or tenancy arrangement created between a PG owner and a tenant.
• No Operational Control: We do not set, control, or influence rental pricing, security deposit conditions, refund rules, house guidelines, tenant selection, room allocations, or the safety and quality of the accommodations.
• Dispute Disclaimer: MyPrimePG shall not be held liable for any dispute, claim, loss, injury, or disagreement arising from the tenant-owner relationship. This includes, but is not limited to, conflicts over security deposits, unpaid rent, room allocations, maintenance and property conditions, eviction actions, or accommodation services.
• Tenant Communications: All tenants, guests, and residents accessing the platform must direct all queries, requests, complaints, and legal notices directly to their respective PG owner or operator.

4. User Registration and Account Management

To utilize the Service, you must register a user account. You agree to provide and maintain true, accurate, current, and complete registration data. You are solely responsible for safeguarding your login credentials and preventing unauthorized access to your account.

You agree to:

• Maintain and promptly update your account profile and property information.
• Protect your username and password, and immediately notify us of any security breach or unauthorized access.
• Ensure that your employees, staff, and representatives comply with these security obligations.
• Use the Service exclusively for lawful, legitimate business operations.

You are fully responsible for all activities, actions, and transactions that occur under your account credentials.

5. Data Ownership, Hosting and Privacy Compliance

5.1 Ownership

All customer, tenant, guest, and property management data uploaded, entered, or stored by the User on the MyPrimePG platform ("Customer Data") remains the exclusive property of the User. MyPrimePG claims no ownership, intellectual property rights, or title over your Customer Data. You grant us a non-exclusive, worldwide, royalty-free license to host, transmit, and display Customer Data solely to the extent necessary to provide the Service to you.

5.2 Data Processing

For the purposes of data protection regulation, the User acts as the Data Controller, and MyPrimePG acts as the Data Processor. We process personal data only in accordance with the User's instructions, this Agreement, and applicable legislation to ensure operational execution of the SaaS platform.

5.3 Compliance with Data Protection Laws

We are committed to operating in alignment with global and regional data protection frameworks. We maintain administrative, physical, and technical safeguards designed to support compliance with:

• India's DPDP Act: Processing digital personal data in compliance with the Digital Personal Data Protection Act, respecting the rights of data principals.
• GDPR & LGPD: Adhering to the General Data Protection Regulation (EU) and the Lei Geral de Proteção de Dados (Brazil) for processing resident data where applicable.
• CCPA/CPRA: Aligning with the California Consumer Privacy Act and California Privacy Rights Act regulations regarding consumer privacy.
• PIPEDA, PDPA & COPPA: Compliance with the Personal Information Protection and Electronic Documents Act (Canada), Personal Data Protection Acts (Singapore and other jurisdictions), and the Children's Online Privacy Protection Act (ensuring no collection of data from children under 13).

We support mechanisms for enforcing standard individual privacy rights:

• Data Access Rights: Users and their tenants can request access to review the personal data processed on the platform.
• Data Deletion Rights: Users can request the permanent erasure of their account data, subject to legal retention obligations.
• Data Portability Rights: Users can export their property and tenant records in structured formats (e.g., CSV or JSON).
• No Sale of Data: MyPrimePG covenants that we do not sell, rent, trade, or commercially exploit personal data to third parties under any circumstances.

6. Acceptable Use Policy

You agree to use the Service in compliance with all applicable laws and regulations. You shall not:

• Use the Service for any unlawful, fraudulent, deceptive, or malicious activity.
• Interfere with, disrupt, disable, or compromise the integrity, security, or performance of the platform, servers, or networks.
• Upload, transmit, or distribute malware, ransomware, viruses, spam, or other malicious code.
• Access, scan, or probe any portion of our systems, networks, or non-public interfaces without authorization.
• Attempt to access another user's account, property dashboard, or customer database.

We reserve the right to immediately suspend or terminate your account and block access to the Service for any violation of this Acceptable Use Policy.

7. Fees, Billing and Payment Terms

7.1 Subscription Model

Access to Paid Services is provided via recurring subscription plans. Subscription rates, features, billing intervals (monthly or annually), and limits are specified at the time of purchase or upgrade.

7.2 Price Changes

We reserve the right to adjust subscription pricing. We will provide you with at least fifteen (15) calendar days prior notice before any price changes take effect. Continued use of the platform after the change constitutes acceptance of the new fees.

7.3 Payment Terms

All subscription fees are billed in advance and are non-refundable. No refunds or credits will be issued for partial months of service, plan downgrades, or unused periods. If payment fails or is not received on the due date, we reserve the right to immediately suspend or deactivate your access to the Paid Services.

7.4 Taxes

All subscription fees are exclusive of applicable taxes, levies, or duties. The User is responsible for the payment of all such taxes, including Goods and Services Tax (GST) in India, Value Added Tax (VAT), and other municipal or state duties.

8. Service Availability and Support

While we aim to deliver high uptime and availability for the SaaS platform, we do not guarantee uninterrupted, secure, or error-free service.

• Scheduled Maintenance: We reserve the right to perform routine system maintenance, upgrades, and database optimization. We will make reasonable efforts to perform scheduled maintenance during off-peak hours and provide advance notice.
• Free-Tier Support Limitations: Users on our free tier receive support on a best-effort basis, with no guaranteed response times or dedicated support channels.
• Priority Support: Users on paid subscription tiers receive priority email or chat support with expedited response times, subject to the details of their active plan.

9. Intellectual Property

NexlyHub LLP and its licensors retain all right, title, and interest in and to the MyPrimePG platform, including but not limited to all software, databases, source code, user interface designs, visual layouts, graphics, trademarks, logos, branding assets, text, and technical documentation.

You are strictly prohibited from:

• Copying, duplicating, cloning, reproducing, distributing, or republishing any portion of the software or design layout.
• Reselling, leasing, sub-licensing, renting, or commercially distributing the SaaS application to third parties.
• Decompiling, disassembling, reverse engineering, or attempting to discover the source code of the platform.
• Modifying, creating derivative works of, or framing the Service.

10. Warranties and Limitation of Liability

10.1 No Warranty

The Service is provided to you on an "as-is" and "as-available" basis. To the maximum extent permitted by applicable law, MyPrimePG disclaims all warranties of any kind, whether express, implied, statutory, or otherwise, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, quiet enjoyment, and accuracy.

10.2 Limitation of Liability

In no event shall NexlyHub LLP, its partners, officers, employees, or agents be liable for any indirect, incidental, special, exemplary, consequential, or punitive damages (including loss of profits, data, use, goodwill, or business interruption) arising out of or related to your use of the Service.

Specific Exclusions of Liability:

• Tenant-Owner Disputes: We are not liable for any disputes, legal conflicts, or damages arising between property owners, managers, and tenants.
• Financial Transactions: We are not liable for security deposits, unpaid rents, refund claims, or errors in payment gateway processing.
• Evictions & Allocations: We are not liable for tenant evictions, room allocation issues, or scheduling conflicts.
• Property Maintenance: We are not liable for maintenance issues, property damage, or facilities management failures.
• Regulatory Compliance: The PG owner is solely responsible for local government registrations, police verification of tenants, fire safety certifications, and all other local statutory or regulatory compliance obligations. MyPrimePG bears no liability for your failure to meet these duties.

11. Termination

You may cancel your user account and terminate your subscription at any time by accessing the account settings panel or contacting our billing department.

• Free Services: Cancellation results in the immediate deactivation of Free Services and deletion of login access.
• Paid Plans: Paid subscription plans remain active until the end of the current billing cycle, at which point the subscription will terminate and no further billing will occur.
• Data Retention: Following termination, we reserve the right to delete all customer data. However, we may retain copies of data as required by applicable laws, regulatory compliance, audits, or legal defense.

12. Changes to Terms

We reserve the right to modify these Terms of Service at any time. We will publish changes on this page and update the "Last Updated" date at the top. For substantial changes, we will make reasonable efforts to notify you via email or platform alerts. Your continued use of the platform after the publication of modifications constitutes your binding acceptance of the updated Terms.

13. Governing Law and Jurisdiction

These Terms of Service and your relationship with MyPrimePG shall be governed by, and construed in accordance with, the laws of India, without regard to conflict of law principles.

You and NexlyHub LLP agree to submit to the exclusive jurisdiction of the competent courts located in Ahmedabad, Gujarat, India to resolve any legal dispute arising from this agreement.

14. Contact Information

If you have questions, inquiries, or notices regarding these Terms, please contact us at:

NexlyHub LLP
Operating MyPrimePG
Email: [email protected]