Terms of Service

Last updated: 05 April 2026

These Terms of Service ("Terms") govern your access to and use of the TopStay platform ("Platform"), operated by Able Systems & Products (Pty) Ltd ("we", "us", "our"), a company registered in the Republic of South Africa. By creating an account or using the Platform, you agree to be bound by these Terms.

1. Definitions

• "Organisation" means the company, business, or entity registered on the Platform by the account holder.
• "User" means any individual who accesses or uses the Platform under an Organisation's account.
• "Subscription" means the paid monthly or yearly plan that grants access to the Platform's features.
• "Trial Period" means the complimentary period granted upon registration, during which the Platform may be used without payment.
• "Platform Fee" or "Commission" means the percentage-based fee charged on booking revenue processed through the Platform.

2. Account Registration

• You must provide accurate, complete, and current information during registration.
• You are responsible for maintaining the confidentiality of your account credentials.
• You must be at least 18 years old and authorised to bind your Organisation to these Terms.
• Each Organisation may have multiple Users, managed through the Platform's role-based access controls.

3. Free Trial

New registrations receive a complimentary trial period as indicated during sign-up (typically 7 days). During the trial:

• You have access to all Platform features.
• No subscription fees or platform commissions are charged.
• At the end of the trial, you must subscribe to a paid plan to continue using the Platform.
• If you do not subscribe, your account will be suspended and access restricted until payment is made.

4. Subscription and Payments

• Subscriptions are available on a monthly or yearly basis.
• All payments are processed securely through PayFast (Pty) Ltd.
• Subscription fees are billed in advance and are non-refundable unless required by law.
• We reserve the right to change subscription pricing with 30 days' notice.
• In addition to the subscription fee, a platform commission may apply to bookings processed through the Platform, as detailed in your pricing plan.

5. Cancellation

• You may cancel your subscription at any time from the "My Account" section of the Platform.
• Upon cancellation, your access continues until the end of the current billing period.
• After cancellation takes effect, your account will be suspended. Your data will be retained for 90 days before deletion.
• You may reactivate your account by subscribing again within the retention period.

6. Acceptable Use

You agree not to:

• Use the Platform for any unlawful purpose or in violation of any applicable laws.
• Attempt to gain unauthorised access to the Platform, other accounts, or related systems.
• Reverse engineer, decompile, or disassemble any part of the Platform.
• Upload malicious code, viruses, or any harmful material.
• Use the Platform in any manner that could damage, disable, or impair its operation.
• Share your account credentials with unauthorised third parties.

7. Data Ownership

• You retain ownership of all data you enter into the Platform (bookings, guest records, financial data, etc.).
• We do not claim ownership of your data and will not use it for purposes beyond providing the Platform's services.
• You grant us a limited licence to process, store, and display your data solely to operate and improve the Platform.
• You are responsible for the accuracy and legality of the data you upload.

8. Privacy

Your use of the Platform is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information in accordance with the Protection of Personal Information Act (POPIA).

9. Service Availability

• We strive to maintain high availability but do not guarantee uninterrupted access.
• We may perform scheduled maintenance with reasonable notice.
• We are not liable for downtime caused by factors beyond our reasonable control (including internet outages, hosting provider issues, or force majeure events).

10. Limitation of Liability

To the fullest extent permitted by South African law:

• The Platform is provided "as is" and "as available" without warranties of any kind, express or implied.
• We shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Platform.
• Our total aggregate liability shall not exceed the subscription fees paid by you in the 12 months preceding the claim.

11. Indemnification

You agree to indemnify and hold harmless Able Systems & Products (Pty) Ltd, its directors, employees, and agents from any claims, damages, losses, or expenses arising from your use of the Platform, your violation of these Terms, or your infringement of any third-party rights.

12. Intellectual Property

The TopStay platform, including its design, code, branding, and documentation, is the intellectual property of Able Systems & Products (Pty) Ltd. You may not copy, modify, distribute, or create derivative works from any part of the Platform without our prior written consent.

13. Modifications to Terms

We may update these Terms from time to time. Material changes will be communicated via email or an in-app notice at least 14 days before taking effect. Your continued use of the Platform after the effective date constitutes acceptance of the revised Terms.

14. Governing Law

These Terms are governed by and construed in accordance with the laws of the Republic of South Africa. Any disputes arising from these Terms or your use of the Platform shall be subject to the exclusive jurisdiction of the courts of South Africa.

15. Contact

For questions or concerns regarding these Terms, please contact:

Able Systems & Products (Pty) Ltd
Email: info@ablesystems.co.za
South Africa