Terms of Service

• Service: the Adaptive Rate Platform, including the app, APIs, database-driven comp engine, facility profiles, pricing recommendations (including “equivalent rate bands”), audit logs, approvals, data imports, and related websites or mobile experiences.
• Customer: the company or organization that enters into an agreement to use the Service.
• Authorized Users: individuals provisioned by Customer to access the Service (e.g., pricing, revenue, or operations team members).
• Facility Data: Customer data about facilities, unit mix, occupancy, rates, promotions, comp-set selections, approvals, and any imported operational data.
• Comp Set: competitor facilities and related rate data used to benchmark pricing.
• Recommendations / Output: pricing guidance, equivalent rate bands, comp scores, dashboards, and reports generated by the Service.
• Content: text, images, files, and other materials uploaded or entered by Customer or its Authorized Users.
• Confidential Information: non-public information disclosed by either party that is marked or should reasonably be considered confidential.

Customer represents that it is a business entity and that the individual accepting these Terms has the authority to bind the Customer. The Service is intended for business use only and not for consumers.

• Customer must provide accurate company and contact information when creating an account.
• Customer is responsible for safeguarding credentials and for actions taken under its accounts.
• Customer will configure role-based access, approvals, and audit log settings appropriate for its use.
• Customer will notify the Service promptly of any unauthorized access or security incident.

• The Service grants Customer a non-exclusive, non-transferable right for Authorized Users to access and use the Service during the subscription term.
• Customer will not: (a) reverse engineer or decompile the Service; (b) resell, lease, or frame the Service; (c) scrape or harvest the Service; (d) circumvent security or rate limits; or (e) use the Service to build a competing product.
• All rights not expressly granted are reserved by the Service.

• Customer represents it has rights to provide all Facility Data, including any competitor rates or market data it imports, and that doing so does not violate law or third-party terms.
• The Service does not require or encourage unlawful scraping. Customer is solely responsible for data sourcing, permissions, and compliance with applicable laws and agreements.
• Customer will not upload prohibited or sensitive data categories unless explicitly permitted by a written agreement.

• Each party will protect the other party's Confidential Information using reasonable care and will only use it to perform obligations under these Terms.
• Exclusions include information that is public, already known without restriction, independently developed, or obtained lawfully from a third party.

The Service, its software, design, and documentation are owned by the Service provider. Customer owns its Facility Data and Content. No IP rights are transferred except as expressly stated.

If Customer provides feedback or suggestions, the Service may use them without restriction or obligation, and Customer assigns any related rights for that purpose.

The Service is provided “as is” and “as available.” To the fullest extent permitted by law, the Service disclaims warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy of any Output or third-party data.

Customer will comply with applicable laws, including export controls and anti-abuse rules. Customer will not use the Service in embargoed countries or for prohibited end uses.

The Service may list Customer name and logo on customer lists and marketing materials unless Customer opts out in writing. Any public announcements require mutual approval where commercially reasonable.

These Terms are governed by the laws of [INSERT GOVERNING LAW], excluding conflict-of-laws rules. Disputes will be resolved in the courts of [INSERT VENUE], and the parties consent to that jurisdiction and venue.

The Service may update these Terms from time to time. Material changes will be communicated via the Service or email. Continued use after the effective date constitutes acceptance. If Customer disagrees, Customer may terminate per Section 15.

For questions about these Terms, contact [INSERT COMPANY NAME] at [INSERT CONTACT EMAIL]. If you are reviewing on behalf of a Customer, please involve your legal counsel.