Terms for the free Nightcap Scan.
These Scan Terms (the "Terms") are an agreement between HospitalityOS LLC, a Colorado limited liability company, 110 16th Street, Suite 1460, Denver, CO 80202 ("Nightcap", "we", "us") and the hotel named in the Scan request (the "Hotel", "you"). By ticking the box on the Scan request form, replying "done" to our email, or giving us access to your systems or data, you agree to these Terms on behalf of the Hotel and confirm you have authority to do so.
1. What the Scan is
The Scan is a free, one-time, read-only analysis of the Hotel's existing guest and reservation data to estimate how many of the Hotel's guests first booked through an online travel agency, how many are reachable with consent, and what a direct rebooking from them would be worth. We deliver a written report and offer a call to walk through it. The Scan sends no messages to any guest.
2. Access you provide
- You give us access only in one of these ways: (a) a named user in your property management system or other system, created by you, with view-only permissions and no access to rates, payments, card data or settings; (b) exports or reports you generate and send us; or (c) a marketplace or API connection you authorize. You will not give us your own login, and we will not ask for it.
- You confirm that you are permitted to give us this access under your agreements with your software vendors, and that the data you give us was collected lawfully. We will not use scripts, browser automation or any technique that your vendors' terms prohibit.
- You may revoke access at any time by disabling the user or connection. We will confirm in writing when we no longer have access.
3. What we take and what we do not
We use only the fields the Scan needs: guest names, contact details, stay dates, room types, booking source, folio totals and consent records. We do not collect or retain payment card numbers, identity documents, passport or ID numbers, or dates of birth. If an export contains such fields, we delete them on receipt.
4. How we handle the data
- Your data is kept in an encrypted store that is separate for each hotel. We do not combine it with any other hotel's data and we do not use it to train any model.
- We use the data only to produce your Scan report and to prepare the launch of Nightcap if you choose to continue. We do not sell it, share it with any third party except the subprocessors listed in our Data Processing Agreement, or use it to market to your guests.
- If you do not continue with Nightcap, we delete your data within 30 days of delivering the report and record the deletion. If you continue, the Terms of Service and Data Processing Agreement take over.
- We will tell you without undue delay, and in any case within 72 hours, if we become aware of a security incident affecting your data.
5. Your responsibilities and indemnity
You are responsible for the data you give us and for your right to give it. You will defend, indemnify and hold harmless Nightcap, HospitalityOS LLC and its members, officers and contractors from any third-party claim, loss, fine or expense (including reasonable legal fees) arising from (a) data you provided that you were not entitled to provide, (b) your breach of your vendors' terms in providing access, or (c) your breach of these Terms. We will indemnify you for third-party claims arising from our breach of Section 4.
6. No warranty, limited liability
The Scan is provided free of charge and "as is". The report is an estimate based on the data you give us and is not a guarantee of any revenue. To the fullest extent permitted by law, neither party is liable to the other for indirect, consequential or lost-profit damages, and Nightcap's total liability under these Terms is limited to US $1,000, except for our breach of Section 4, which is capped at US $25,000.
7. Confidentiality
Each party keeps the other's non-public information confidential and uses it only for the Scan. Your guest data is your confidential information. Our report format, methods and pricing are ours. This obligation lasts three years and, for guest data, for as long as we hold it.
8. General
These Terms are governed by the laws of the State of Colorado, with venue in Denver, Colorado. They are the whole agreement about the Scan. If you continue with Nightcap, the Terms of Service and Data Processing Agreement apply from the date you sign them. We may update these Terms for future Scans; the version you accepted governs yours, and we keep a record of which version that was.
Questions: [email protected].