Boutique Hotel Consulting Legal Framework
Comprising Terms & Conditions and Privacy Policy
Effective Date: January 1, 2025
For purposes of this document (the “Framework”), Screwcap LLC d/b/a Boutique Hotel Consulting, LLC, a Wisconsin limited liability company, is defined as the “Company,” “we,” “us,” or “our.” “You” or “your” means the individual or entity accessing or using the Company’s website(s), applications, and related products and services (collectively, the “Services”). This Framework sets forth (i) legally binding Terms & Conditions governing your use of the Services (Part I), and (ii) the Company’s comprehensive Privacy Policy describing our data practices (Part II). Part III includes general legal provisions that apply throughout.
IMPORTANT DISCLAIMER — PROFESSIONAL REVIEW REQUIRED: The Company’s valuation models, reports, analyses, dashboards, and any related materials (the “Work Product”) are provided for informational and decision-support purposes only and do not constitute investment, financial, tax, accounting, legal, or other professional advice. You agree not to rely on the Work Product without independent review by qualified professional advisors. The Company disclaims any liability for actions or inactions taken based on the Work Product absent such professional review.
1. Table of Contents
20. Notices; Assignment; Entire Agreement; Waiver; Severability; Survival........................ 7
2. PART I — TERMS & CONDITIONS
1. Acceptance; Authority
By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions (the “Terms”). If you do not agree to the Terms, you must not access or use the Services.
If you access or use the Services on behalf of an entity, you represent and warrant that you have authority to bind such entity and that the entity accepts these Terms.
2. Eligibility
The Services are intended for users who are at least eighteen (18) years old and have the legal capacity to enter into binding contracts. By using the Services, you represent and warrant that you meet these requirements.
3. Services; Scope; Reliance
The Services include valuation tools, financial models, market insights, benchmarking, analytics dashboards, reports, downloadable materials, application programming interfaces (APIs), and related resources. The Company may modify, enhance, or discontinue any aspect of the Services at any time.
The Work Product is generated from inputs, assumptions, third‑party sources, and algorithms that may change over time. The Company makes no representation or warranty regarding completeness, timeliness, accuracy, or fitness for a particular purpose.
4. Accounts; Security
Certain features require registration of an account. You agree to provide accurate, current, and complete information and to keep such information updated.
You are responsible for maintaining the confidentiality of your credentials and for all activities under your account. You will promptly notify the Company of any unauthorized access or suspected security incident.
5. License Grant; Restrictions
Subject to these Terms and timely payment of applicable fees, the Company grants you a limited, revocable, non‑exclusive, non‑transferable license to access and use the Services and Work Product solely for your internal business purposes.
You shall not: (a) reproduce, distribute, publicly display, or create derivative works of the Services or Work Product; (b) sublicense, lease, sell, resell, or otherwise commercialize the Services or Work Product; (c) reverse engineer, decompile, or attempt to extract source code or underlying models; (d) use the Services to develop or train competing products; (e) bypass or circumvent access controls or usage limits; (f) use any data mining, robots, or similar data gathering methods except as expressly permitted in writing.
6. Acceptable Use; Prohibited Conduct
You agree not to use the Services in any manner that: (a) violates applicable law, regulation, or order; (b) infringes intellectual property, privacy, or publicity rights; (c) introduces malicious code, exploits, or security vulnerabilities; (d) disrupts or degrades the Services or underlying infrastructure; (e) involves unauthorized scraping or harvesting of data; or (f) misrepresents or misuses the Work Product.
7. Fees; Billing; Taxes
Fees for the Services (including subscriptions, one‑time reports, and custom engagements) are as published on the Services or in a valid order form. Except as required by law or expressly stated otherwise, all fees are non‑refundable.
Unless exempt, you are responsible for all applicable taxes, duties, and governmental charges associated with your purchases. Late or delinquent amounts may accrue interest at the maximum rate permitted by law and may result in suspension or termination of access.
8. Intellectual Property; Ownership
The Services, Work Product, software, models, algorithms, user interfaces, designs, documentation, and all other content and materials are owned by the Company or its licensors and are protected by intellectual property and other laws. No rights are granted except as expressly set forth in these Terms.
You shall not remove, obscure, or alter any proprietary notices appearing on or in the Services or Work Product.
9. Feedback
If you provide suggestions, ideas, or feedback regarding the Services, the Company may use and incorporate such feedback without obligation or restriction. You hereby assign to the Company all rights in such feedback.
10. Confidentiality
“Confidential Information” means non‑public information disclosed by a party that is designated as confidential or that reasonably should be understood as confidential, including business plans, pricing, technical information, and security measures. Work Product and performance metrics shall be deemed Confidential Information of the Company.
The receiving party will: (a) use the same degree of care it uses to protect its own confidential information (no less than reasonable care); (b) use Confidential Information only for purposes of the relationship; (c) not disclose Confidential Information to any third party except to affiliates, employees, contractors, and advisors with a need to know and under confidentiality obligations. These obligations survive termination.
11. Data Protection; Security
The Company will employ reasonable administrative, technical, and physical safeguards designed to protect the confidentiality, integrity, and availability of data processed via the Services. No system is entirely secure; you acknowledge the inherent risks of internet transmission and agree to implement appropriate safeguards on your systems.
12. Representations; Warranties; Disclaimers
You represent and warrant that you will comply with all applicable laws and regulations in connection with your use of the Services.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND WORK PRODUCT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON‑INFRINGEMENT, OR QUIET ENJOYMENT.
13. Indemnification
You will defend, indemnify, and hold harmless the Company and its affiliates, officers, members, employees, and agents from and against any claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your use of the Services; (b) your breach of these Terms; or (c) your violation of applicable law or third‑party rights.
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, REVENUES, GOODWILL, DATA, OR USE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES WILL NOT EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO THE COMPANY FOR THE SERVICES GIVING RISE TO THE CLAIM.
15. Third‑Party Services; Links
The Services may include integrations with or links to third‑party sites, services, or content. The Company is not responsible for third‑party availability, performance, or practices. Your use of third‑party services is subject to their terms and policies.
16. Compliance; Export; Anti‑Corruption
You will comply with all applicable laws, including export control and sanctions laws, anti‑bribery and anti‑corruption laws (such as the U.S. Foreign Corrupt Practices Act), and any applicable industry regulations.
17. Force Majeure
The Company will not be liable for any delay or failure to perform due to events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, internet or telecom failures, power outages, or governmental actions.
18. Term; Suspension; Termination
These Terms commence upon your first use of the Services and continue until terminated. The Company may suspend or terminate the Services or your access immediately for breach, non‑payment, legal requirement, or to address security risks. Upon termination, your license terminates and you must cease use of the Services and Work Product.
19. Governing Law; Venue; Dispute Resolution
These Terms are governed by the laws of the State of Wisconsin, without regard to conflict‑of‑laws principles. Subject to any arbitration clause the parties may agree to in writing, the parties consent to exclusive jurisdiction and venue in the state and federal courts located in Wisconsin.
CLASS ACTION WAIVER: Disputes will be resolved on an individual basis; class, collective, or representative proceedings are not permitted.
20. Notices; Assignment; Entire Agreement; Waiver; Severability; Survival
Notices to the Company must be sent to: 507 Broad Street, Suite 130, Lake Geneva, WI 53147 USA, with a copy to legal@screwcapholdings.com. The Company may provide notices via the Services or email.
You may not assign or transfer these Terms without the Company’s written consent. The Company may assign in connection with a merger, acquisition, or sale of assets.
These Terms, together with any order forms and policies incorporated by reference, constitute the entire agreement regarding the Services and supersede prior or contemporaneous agreements.
No waiver of any term will be deemed a further or continuing waiver. If any provision is held invalid or unenforceable, the remaining provisions will remain in full force and effect.
Sections that, by their nature, should survive termination (including ownership, confidentiality, disclaimers, limitations of liability, indemnities) survive.
3. PART II — PRIVACY POLICY
1. Overview; Scope
This Privacy Policy (the “Policy”) describes how the Company collects, uses, discloses, and protects Personal Information in connection with the Services. This Policy applies to visitors, users, customers, and business contacts. It does not apply to third‑party websites or services that are not controlled by the Company.
2. Definitions
“Personal Information” means information that identifies, relates to, describes, or could reasonably be linked with a particular individual.
“Sensitive Personal Information” includes, for example, government identifiers, precise geolocation, financial account credentials, and health‑related data.
“Processor,” “Controller,” and similar terms may be used for alignment with international data protection frameworks (e.g., GDPR).
3. Categories of Personal Information Collected
Identifiers: name, email address, phone number, mailing address, account credentials.
Commercial Information: transaction history, billing details (processed by PCI‑compliant providers).
Internet/Network Activity: IP address, device identifiers, browser type, pages viewed, cookies and similar technologies.
Professional/Business Data: company, role, licenses, property information provided to the Company.
Inferences and Aggregated Data: derived insights for research and benchmarking (de‑identified where feasible).
4. Sources of Personal Information
Direct interactions with you (forms, account registration, support requests).
Automated collection via cookies, log files, analytics SDKs when you use the Services.
Third‑party sources such as data providers, public databases, partners, and referral programs.
5. Purposes of Processing
Service Delivery: to create and deliver valuations, analyses, dashboards, and reports.
Personalization: to tailor content and recommendations.
Security and Integrity: to monitor, detect, and prevent fraud, abuse, and security incidents.
Research and Development: to improve the Services and develop new features through aggregated analysis.
Legal Compliance: to satisfy legal, regulatory, audit, and tax obligations.
Marketing and Communications: to send updates, newsletters, and offers (you may opt out).
6. Lawful Bases (GDPR‑Style)
Consent for certain marketing and optional features.
Contractual necessity for delivering purchased or subscribed Services.
Legal obligation for record-keeping, tax, and compliance requirements.
Legitimate interests in improving Services, securing systems, and preventing fraud, balanced against user interests and rights.
7. Cookies; Tracking Technologies; Analytics
The Services use cookies, web beacons, pixels, tags, and similar technologies for session management, analytics, and advertising. You may control cookies through browser settings; disabling certain cookies may limit functionality.
8. Disclosures of Personal Information
Service Providers: cloud hosting, analytics, payment processors, support tools—under contracts restricting use to specified purposes.
Professional Advisors: attorneys, accountants, auditors—under confidentiality obligations.
Business Transfers: in connection with mergers, acquisitions, financing, or sale of assets.
Legal Requests and Safety: to comply with laws, lawful requests, or to protect rights, property, and safety.
9. No Sale for Monetary Consideration; Targeted Advertising
The Company does not sell Personal Information for monetary consideration. Where applicable law treats certain sharing for cross‑context behavioral advertising as a “sale” or “sharing,” the Company will honor opt‑out rights to the extent required.
10. Retention of Personal Information
The Company retains Personal Information for as long as necessary to fulfill the purposes outlined in this Policy, including to comply with legal obligations, resolve disputes, and enforce agreements.
Typical retention periods include: (a) transactional/billing records—seven (7) years; (b) account and profile data—duration of relationship plus seven (7) years; (c) operational logs—eighteen (18) to twenty‑four (24) months, unless required longer for investigations.
11. Data Security
The Company implements reasonable administrative, technical, and physical safeguards, including encryption in transit, role‑based access controls, monitoring, and employee training. No security measure is 100% effective; you acknowledge inherent risks of online transmission.
12. International Transfers
Personal Information may be processed in the United States and other jurisdictions. For transfers from the EEA/UK to the U.S., the Company relies on appropriate safeguards, such as Standard Contractual Clauses (SCCs), as applicable.
13. Rights of Individuals
Subject to applicable law, you may have rights to access, correct, delete, restrict, or object to processing of Personal Information, and to data portability. You may also have the right to withdraw consent for processing where consent is the basis.
Requests should be submitted to privacy@screwcapholdings.com with sufficient detail to verify identity and locate records.
14. California Consumer Privacy Rights (CCPA/CPRA)
California residents may have rights to know, access, correct, delete, and opt out of certain sales or sharing of Personal Information, and to limit use of Sensitive Personal Information. The Company will not discriminate against individuals for exercising their rights.
15. Children’s Privacy (COPPA)
The Services are not directed to children and the Company does not knowingly collect Personal Information from individuals under the age of sixteen (16) (or thirteen (13) where COPPA applies). If you believe we have collected such information, contact us to request deletion.
16. Automated Decision‑Making; Profiling
The Company’s models and analytics may employ automated processing to generate insights and valuation outputs. Material decisions affecting individuals are not made solely by automated means without appropriate human review.
17. Vendors; Subprocessors; Due Diligence
The Company engages Service Providers under written agreements requiring confidentiality, security safeguards, and limited use of Personal Information. The Company conducts reasonable diligence and oversight commensurate with risk.
18. Employee; Contractor; Candidate Data
The Company processes Personal Information of employees, contractors, and job applicants for recruitment, HR administration, payroll, benefits, compliance, and security.
19. Marketing; Communications; Opt‑Outs
The Company may send transactional communications necessary for Service delivery. Marketing communications are based on consent or legitimate interests and include opt‑out mechanisms. You may opt out of marketing emails via the unsubscribe link or by contacting the Company.
20. Data Breach Notification; Incident Response
The Company maintains an incident response plan. In the event of a data breach affecting Personal Information, the Company will notify affected individuals and regulators as required by applicable law and will take steps to mitigate harm.
21. Third‑Party Websites; External Links
The Services may link to third‑party websites or resources. The Company is not responsible for third‑party content or privacy practices. You should review applicable third‑party terms and privacy policies.
22. Changes to this Policy
The Company may update this Policy from time to time to reflect operational, legal, or regulatory changes. Material changes will be posted on the Services with an updated effective date. Your continued use of the Services after changes take effect constitutes acceptance of the revised Policy.
23. Contact Information; Requests
To exercise rights or submit privacy questions, contact: privacy@screwcapholdings.com or 507 Broad Street, Suite 130, Lake Geneva, WI 53147, USA. You may also call +1.262.368.2242.
24. Miscellaneous; Interpretation; Conflicts
Headings are for convenience and do not affect interpretation. In the event of conflict between this Policy and applicable law, the latter controls. If any provision is found invalid, the remainder will remain in effect.
4. PART III — GLOBAL LEGAL PROVISIONS
1. Severability; Waiver; Assignment
If any provision of this Framework is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.
No failure or delay by the Company in exercising any right will operate as a waiver of that right. You may not assign this Framework without the Company’s prior written consent; the Company may assign in connection with a corporate transaction.
2. Entire Agreement; Order of Precedence
This Framework (including incorporated policies and any applicable order forms) constitutes the entire agreement between you and the Company regarding the Services and supersedes all prior agreements or understandings.
If there is a conflict between an order form and this Framework, the order form will control for the specific purchase; otherwise, this Framework controls.
3. Contact; Notices
Legal and privacy notices to the Company should be sent to legal@screwcapholdings.com and privacy@screwcapholdings.com (or such successor addresses as posted), with a copy to 507 Broad Street, Suite 130, Lake Geneva, WI 53147 USA.
The Company may provide notices via email, postings within the Services, or other reasonable electronic means.