HotelComply Terms of Service

Effective Date: June 1, 2025

Stitch Hospitality, LLC., dba HotelComply

California, United States

IMPORTANT: PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE HOTELCOMPLY SERVICE. BY CREATING AN ACCOUNT, CLICKING "I AGREE," OR ACCESSING OR USING ANY PART OF THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE SERVICE.

These Terms of Service ("Agreement") govern your access to and use of the HotelComply documentation service, website, and related services (collectively, the "Service") provided by Stitch Hospitality, LLC., a California limited liability company doing business as HotelComply ("Company," "we," "us," or "our"). The term "you" or "Customer" refers to the individual or entity that has registered for or is accessing the Service.

1. ACCEPTANCE OF TERMS

By accessing or using the Service in any manner, you represent that:

You are at least 18 years of age;
You have the legal authority to enter into this Agreement on behalf of yourself or the business entity you represent;
You have read, understood, and agree to be bound by this Agreement and our Privacy Policy, which is incorporated herein by reference; and
Your use of the Service complies with all applicable local, state, federal, and international laws and regulations.

If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind that entity to these Terms. If you do not have such authority, you must not accept this Agreement or use the Service.

2. DESCRIPTION OF SERVICE

HotelComply is an operational documentation service designed to assist hotel operators and hospitality businesses with CCPA, CPRA, GDPR operating records and related privacy workflows. The Service includes, but is not limited to, the following features:

CCPA/CPRA Assessment: Guided assessment workflows that evaluate a property's current compliance posture and generate an audit-ready compliance score and gap analysis.

Data Subject Access Request (DSAR) Workflow: Documented intake, tracking, and evidence records for managing consumer privacy requests within regulatory timeframes.

Record of Processing Activities (ROPA) Builder: AI-assisted workflow for documenting data processing activities, legal bases, retention periods, and data flows.

Vendor & Data Processing Agreement (DPA) Hub: Centralized management of vendor relationships, DPA status tracking, and agreement storage (availability subject to release schedule).

Compliance Dashboard: Real-time visibility into compliance status, DSAR queue, risk alerts, and key performance metrics.

DISCLAIMER: HotelComply is a compliance documentation service, not a law firm, and does not provide legal advice. The Service is designed to assist with operational documentation and workflow management. Nothing in the Service constitutes legal advice, and use of the Service does not create an attorney-client relationship. We strongly recommend that all Customers consult with qualified legal counsel to assess their specific compliance obligations.

3. ACCOUNT REGISTRATION AND SECURITY

3.1 Account Creation

To access the Service, you must register for an account by providing accurate, current, and complete information as prompted by the registration process. You agree to maintain and promptly update your registration information to keep it accurate, current, and complete.

3.2 Account Credentials

You are responsible for: (a) maintaining the confidentiality of your account login credentials; (b) all activities that occur under your account, whether or not you have authorized such activities; (c) immediately notifying us at [email protected] of any unauthorized use of your account or any other security breach; and (d) ensuring that you log out of your account at the end of each session.

3.3 Account Eligibility

The Service is intended for use by businesses operating in the hospitality industry. By registering, you represent that you are using the Service for business purposes, not for personal, family, or household use. We reserve the right to refuse registration or terminate accounts at our sole discretion.

3.4 Organizational Accounts

If you register on behalf of an organization, you may invite additional users within your organization to access the Service under your account. You are responsible for ensuring that all such users comply with this Agreement and that you have the authority to grant them access. You shall be jointly and severally liable for the actions of all users associated with your account.

4. SUBSCRIPTION, FEES, AND PAYMENT

4.1 Subscription Plans

Access to the Service is provided on a subscription basis. Our current plans include a one-time implementation fee and a recurring monthly subscription fee ("Subscription Fees"). Specific pricing is set forth on our pricing page at hotelcomply.com or as otherwise agreed in an executed Order Form. We reserve the right to modify our pricing plans at any time, subject to the notice provisions in Section 4.5.

4.2 Payment Terms

By subscribing to the Service, you authorize us to charge your designated payment method for all applicable Subscription Fees. Unless otherwise specified: (a) monthly subscriptions are billed in advance on the same calendar day each month; (b) all fees are quoted and payable in U.S. Dollars; (c) payment obligations are non-cancelable except as expressly set forth in this Agreement; and (d) fees paid are non-refundable, except as expressly provided in this Agreement or required by applicable law.

4.3 Taxes

All fees are exclusive of any applicable taxes, levies, duties, or similar governmental assessments. You are responsible for paying all such taxes associated with your purchases, excluding only taxes based on our net income.

4.4 Late Payments

If payment is not received within ten (10) days of the due date, we reserve the right to (i) suspend your access to the Service until the outstanding balance is paid in full, and/or (ii) charge a late fee of 1.5% per month (or the maximum rate permitted by law, whichever is less) on the overdue balance. We will provide at least five (5) days written notice before suspending your account for non-payment.

4.5 Price Changes

We will provide at least thirty (30) days' advance written notice of any changes to Subscription Fees. Price changes will take effect at the start of the next billing cycle following the notice period. Your continued use of the Service after a price change takes effect constitutes your acceptance of the new pricing.

4.6 Disputed Charges

If you believe you have been charged in error, you must contact us at [email protected] within thirty (30) days of the charge date. Failure to notify us within thirty (30) days constitutes your waiver of any right to dispute such charges.

5. ACCEPTABLE USE AND CUSTOMER RESPONSIBILITIES

5.1 Permitted Use

The Service is licensed to you solely for your internal business purposes in connection with managing your organization's privacy compliance obligations. You may not use the Service for any other purpose without our prior written consent.

5.2 Prohibited Uses

You agree not to, and will not permit others to:

Copy, modify, translate, adapt, or create derivative works of the Service or any component thereof;
Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying algorithms of the Service;
Remove, alter, or obscure any proprietary notices, labels, or marks on the Service;
Use the Service to build a competing product or service, or to benchmark the Service against a competing product;
Sell, resell, license, sublicense, distribute, rent, or lease the Service to any third party without our express written consent;
Use the Service in any manner that violates applicable law or regulation, including privacy and data protection laws;
Transmit any viruses, malware, or other harmful computer code through the Service;
Attempt to gain unauthorized access to any portion of the Service or its related systems;
Interfere with or disrupt the integrity, performance, or availability of the Service;
Use automated scripts, scrapers, bots, or crawlers to access or interact with the Service; or
Use the Service to store or transmit infringing, defamatory, or otherwise unlawful material.

5.3 Customer Data Responsibilities

You are solely responsible for: (a) the accuracy, quality, integrity, and legality of all data you input into or process through the Service ("Customer Data"); (b) ensuring that you have obtained all necessary consents and permissions to input Customer Data into the Service; (c) maintaining appropriate security measures for your access credentials; and (d) complying with all applicable laws and regulations in connection with your use of the Service and handling of Customer Data.

5.4 Cooperation

You agree to provide commercially reasonable cooperation and assistance that we may require in connection with providing the Service, including providing accurate information and timely responses to our reasonable inquiries.

6. DATA PRIVACY AND SECURITY

6.1 Privacy Policy

Our Privacy Policy, available at hotelcomply.com/privacy, is incorporated into this Agreement by reference and describes how we collect, use, and share information about you when you use the Service.

6.2 Customer Data Ownership

As between you and us, you retain all right, title, and interest in and to your Customer Data. You grant us a limited, non-exclusive, worldwide license to access, use, process, copy, and display Customer Data solely as necessary to provide, maintain, and improve the Service and as otherwise permitted by this Agreement and our Privacy Policy.

6.3 Data Processing Agreement

To the extent that HotelComply processes personal information on your behalf in connection with the Service, the parties agree to the terms of the HotelComply Data Processing Agreement ("DPA"), available at hotelcomply.com/dpa, which is incorporated into this Agreement by reference. The DPA governs HotelComply's obligations as a "service provider" under the CCPA/CPRA and as a "data processor" under the GDPR and other applicable data protection laws. In the event of a conflict between this Agreement and the DPA with respect to the processing of personal data, the DPA shall control.

6.4 Security

We implement and maintain industry-standard technical and organizational security measures designed to protect Customer Data against unauthorized access, disclosure, alteration, or destruction, including data encryption in transit and at rest, row-level security policies, and complete audit trails. No security system is impenetrable, and we cannot guarantee the absolute security of your data.

6.5 Data Retention and Deletion

We will retain Customer Data for the duration of your subscription and for a period of thirty (30) days following termination or expiration of your account, after which it will be securely deleted or anonymized unless we are required by law to retain it for a longer period. You may request deletion of your Customer Data at any time by contacting us at [email protected].

6.6 Aggregate Data

We may collect and use anonymized, aggregated data derived from your use of the Service for purposes of improving our products and services, benchmarking, and generating statistical reports, provided such data does not identify you or any individual.

7. INTELLECTUAL PROPERTY RIGHTS

7.1 Company Ownership

The Service, including all software, algorithms, user interfaces, designs, text, graphics, logos, and documentation, is and remains the exclusive property of the Company and its licensors. This Agreement does not transfer to you any ownership interest in the Service. All rights not expressly granted herein are reserved to the Company.

7.2 License Grant

Subject to your full compliance with this Agreement and timely payment of all applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service during the subscription term solely for your internal business purposes.

7.3 Feedback

If you provide us with any feedback, suggestions, or recommendations regarding the Service ("Feedback"), you hereby assign to us all right, title, and interest in and to such Feedback. We may use Feedback for any purpose without obligation to you.

7.4 Trademarks

"HotelComply," the HotelComply logo, and any related marks and trade dress are trademarks or service marks of Stitch Hospitality, LLC. You may not use our trademarks without our prior written consent.

8. THIRD-PARTY INTEGRATIONS AND SERVICES

8.1 Third-Party Integrations

The Service may integrate with or link to third-party property management systems and other hospitality technology platforms (e.g., Oracle Opera, SynXis, Revinate, InfoGenesis) and third-party service providers (collectively, "Third-Party Services").

8.2 Third-Party Terms

Your use of Third-Party Services is governed by the respective third party's terms of service and other applicable agreements. We have no responsibility or liability for Third-Party Services, their availability, accuracy, or any changes thereto.

8.3 Third-Party APIs and AI Services

Certain features of the Service (including the ROPA Builder's AI-assisted generation) may utilize third-party artificial intelligence APIs. Outputs generated through AI-assisted features are aids to your compliance efforts and should be reviewed by a qualified professional before reliance. We do not warrant the accuracy or completeness of AI-generated content.

9. CONFIDENTIALITY

9.1 Mutual Obligations

Each party ("Receiving Party") agrees to maintain the confidentiality of the other party's ("Disclosing Party's") non-public, proprietary, or confidential information ("Confidential Information") disclosed in connection with this Agreement, using at least the same degree of care used to protect its own confidential information, but in no event less than reasonable care.

9.2 Exclusions

Confidential Information does not include information that: (a) is or becomes publicly known through no breach of this Agreement; (b) was rightfully in the Receiving Party's possession before disclosure; (c) is independently developed by the Receiving Party without use of Confidential Information; or (d) is required to be disclosed by law or court order, provided the Receiving Party provides prompt written notice to the Disclosing Party.

9.3 Customer Data as Confidential

Customer Data is deemed Confidential Information of the Customer. We will use Customer Data only as necessary to perform our obligations under this Agreement and as otherwise described in our Privacy Policy.

10. DISCLAIMER OF WARRANTIES

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING: IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT; WARRANTIES THAT THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS; WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT, DATA, OR INFORMATION OBTAINED THROUGH THE SERVICE; AND WARRANTIES THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

SPECIFICALLY, THE COMPANY DOES NOT WARRANT THAT USE OF THE SERVICE WILL ENSURE YOUR COMPLIANCE WITH THE CCPA, CPRA, OR ANY OTHER APPLICABLE LAW OR REGULATION. THE SERVICE IS A COMPLIANCE DOCUMENTATION SERVICE AND IS NOT A SUBSTITUTE FOR QUALIFIED LEGAL COUNSEL.

11. LIMITATION OF LIABILITY

11.1 Exclusion of Consequential Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR USE OF OR INABILITY TO USE THE SERVICE, INCLUDING LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, OR COST OF SUBSTITUTE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.2 Cap on Liability

THE AGGREGATE LIABILITY OF THE COMPANY FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES ACTUALLY PAID BY YOU TO THE COMPANY IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

11.3 Essential Basis

The parties acknowledge that the limitations of liability in this Section reflect a reasonable allocation of risk and are an essential element of the basis of the bargain between the parties.

11.4 Exceptions

Nothing in this Agreement limits or excludes either party's liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; (c) gross negligence or willful misconduct; or (d) any other liability that cannot be limited or excluded by applicable law.

12. INDEMNIFICATION

12.1 Indemnification by Customer

You agree to defend, indemnify, and hold harmless the Company and its affiliates, officers, directors, employees, agents, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Service in violation of this Agreement; (b) your Customer Data, including any claim that it infringes or misappropriates the intellectual property or other rights of a third party; (c) your violation of any applicable law or regulation; or (d) your breach of any of your representations, warranties, or obligations under this Agreement.

12.2 Indemnification Procedure

We will: (a) promptly notify you in writing of any claim for which we seek indemnification; (b) grant you sole control of the defense and settlement of such claim (provided that you may not settle any claim that imposes obligations on us without our prior written consent); and (c) provide you with reasonable assistance, at your expense, in connection with the defense and settlement of such claim.

13. TERM AND TERMINATION

13.1 Term

This Agreement commences on the date you first access or use the Service and continues for the duration of your active subscription, unless sooner terminated in accordance with this Section.

13.2 Termination by Customer

You may terminate your subscription at any time by canceling through your account settings or by contacting us at [email protected]. Cancellation will take effect at the end of your current billing period. No refunds will be issued for any unused portion of a billing period, except as required by applicable law.

13.3 Termination by Company

We may suspend or terminate your access to the Service immediately upon written notice if: (a) you materially breach this Agreement and fail to cure such breach within fifteen (15) days of written notice; (b) you fail to pay any undisputed fees when due and fail to cure such failure within ten (10) days of notice; (c) you become the subject of a petition in bankruptcy, insolvency, or receivership; or (d) we are required to do so by applicable law or a court of competent jurisdiction.

13.4 Effect of Termination

Upon termination or expiration of this Agreement: (a) all licenses granted to you immediately terminate; (b) you must immediately cease all use of the Service; (c) all fees that have accrued through the termination date are immediately due and payable; and (d) we will retain Customer Data for thirty (30) days following termination, after which it will be permanently deleted.

13.5 Survival

The following Sections will survive termination or expiration of this Agreement: Sections 5.2, 6 (as to data retained post-termination), 7, 9, 10, 11, 12, 13.4, and 14 through 17.

14. DISPUTE RESOLUTION AND GOVERNING LAW

14.1 Governing Law

This Agreement and any dispute arising hereunder shall be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict-of-law provisions.

14.2 Informal Resolution

Before initiating any formal legal proceeding, the parties agree to first attempt to resolve any dispute informally for a period of thirty (30) days following written notice of the dispute.

14.3 Binding Arbitration

EXCEPT AS PROVIDED BELOW, ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS AGREEMENT THAT CANNOT BE RESOLVED INFORMALLY SHALL BE FINALLY RESOLVED BY BINDING ARBITRATION ADMINISTERED BY JAMS PURSUANT TO ITS STREAMLINED ARBITRATION RULES AND PROCEDURES. THE ARBITRATION SHALL BE CONDUCTED IN SAN FRANCISCO, CALIFORNIA (OR, AT YOUR ELECTION, VIA VIDEOCONFERENCE). THE ARBITRATOR'S AWARD SHALL BE FINAL AND BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION.

14.4 Class Action Waiver

YOU AND THE COMPANY AGREE THAT ALL DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS AND THAT NEITHER PARTY MAY BRING OR PARTICIPATE IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR ARBITRATION.

14.5 Exceptions to Arbitration

Either party may seek emergency injunctive or other equitable relief from any court of competent jurisdiction for claims involving alleged misappropriation of intellectual property, unauthorized access to the Service, or violation of Section 5.2.

14.6 Venue

For matters not subject to arbitration, or for enforcement of an arbitration award, you consent to the exclusive jurisdiction of the state and federal courts located in San Francisco County, California.

15. MODIFICATIONS TO THE SERVICE AND TERMS

15.1 Service Modifications

We reserve the right to modify, update, or discontinue any aspect of the Service at any time, with or without notice. We will endeavor to provide reasonable advance notice of material changes to core functionality where practicable.

15.2 Modifications to These Terms

We may update or modify this Agreement from time to time. If we make material changes, we will notify you by email, by posting a prominent notice on our website, or through an in-app notification at least thirty (30) days before the changes take effect. Your continued use of the Service after the effective date of the revised Agreement constitutes your acceptance of the changes.

16. GENERAL PROVISIONS

16.1 Entire Agreement

This Agreement, together with our Privacy Policy, the Data Processing Agreement (hotelcomply.com/dpa), and any Order Forms or addenda executed by the parties, constitutes the entire agreement between you and the Company regarding the Service and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties with respect to the Service.

16.2 Severability

If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect.

16.3 Waiver

No failure or delay by either party in exercising any right or remedy under this Agreement will constitute a waiver of that right or remedy.

16.4 Force Majeure

Neither party shall be in default or liable for any delay or failure in performance resulting from causes beyond that party's reasonable control, including acts of God, natural disasters, pandemic, war, terrorism, civil unrest, labor disputes, governmental action, internet outages, or power failures.

16.5 Assignment

You may not assign or transfer this Agreement or any of your rights or obligations hereunder without our prior written consent. We may assign this Agreement in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets upon written notice to you. Any attempted assignment in violation of this Section is null and void.

16.6 Notices

Notices to the Company should be sent to: Stitch Hospitality, LLC., dba HotelComply, Attn: Legal Department, 669 Montara Terrace, Sunnyvale, CA 94085, [email protected], (855) 629-2755. Notices to you will be sent to the email address associated with your account.

16.7 Independent Contractors

The parties are independent contractors. Nothing in this Agreement creates a partnership, joint venture, agency, employment, or franchise relationship between the parties.

16.8 No Third-Party Beneficiaries

This Agreement is for the sole benefit of the parties and their respective permitted successors and assigns. Nothing herein confers upon any other person or entity any legal or equitable right, benefit, or remedy.

16.9 Headings

Section headings are for reference and convenience only and shall not affect the construction or interpretation of this Agreement.

16.10 Counterparts; Electronic Signatures

This Agreement may be executed in one or more counterparts. Electronic acceptance (including clickwrap and browsewrap acceptance) shall be deemed an original signature for all purposes.

17. CONTACT INFORMATION

If you have any questions, concerns, or complaints about this Agreement or the Service, please contact us:

Company: Stitch Hospitality, LLC., dba HotelComply

Address: 669 Montara Terrace, Sunnyvale, CA 94085

Email: [email protected]

Phone: (855) 629-2755

Website: hotelcomply.com

These Terms of Service were last updated on April 16, 2026 and are effective as of that date.