To use Mobile Key, you must:
(a) be duly authorized by the Guest User to use the application and perform the specific actions on such application; and
(b) download the Mobile Key App from the Apple App Store or Google Play to an eligible device that is enabled for cellular or wireless internet connection (your “Mobile Device”). Mobile Key can only be used on one Mobile Device per individual Guest User (e.g., Mobile Key cannot be installed and synced on both a mobile phone and a tablet).
3. Functionality — How the Mobile Key Works
When you register to receive your Mobile Key, you will provide the Hotel with your email address or Mobile Device phone number. When the Hotel transmits your Mobile Key, you will receive an email or SMS/text message with a link to download the Mobile Key App. After successfully installing the Mobile Key App on your Mobile Device, you will be required to register your Mobile Key App with your email address or phone number. You will then receive your Mobile Key from the Hotel directly within your registered Mobile Key App. Your Mobile Key will typically remain active based on the dates of your reservation or until the Hotel deactivates your Mobile Key.
4. Privacy and Authorizations
(a) By providing your email address or Mobile Device phone number, you consent to receive activation emails or SMS/text messages from Hotel and its related and/or affiliated properties. Message and data rates may apply to any SMS/text messages.
(b) Before you can use Mobile Key, you must follow and complete the entire Mobile Key App registration process. Mobile Key will not properly operate if you do not do so. If you are required to authenticate an Action by the Mobile Key App, and you do not authenticate the Action or cannot access Mobile Key App to authenticate the Action, the Hotel may not process the Action. If this happens, please contact the Hotel directly for assistance.
5. Mobile Key App Registration
When you log onto the Mobile Key App for the first time, you will be prompted to enter your email address or Mobile Device phone number to activate your Mobile Key App. If the Hotel has issued a Mobile Key to your Mobile Device, you will receive a Mobile Key within the Mobile Key App following successful registration.
You agree that you will not:
(a) Disclose, copy or forward the Mobile Key to any other person or any other device; or
(b) fail to properly password protect your Mobile Device containing the Mobile Key App and your Mobile Key; or
(c) fail to protect your Mobile Key from unauthorized use
(d) If you do, the Guest User may be liable for any loss suffered from an unauthorized Action.
The Guest User must ensure that all users of the Mobile Key strictly comply with these Mobile Key Terms. The Hotel reserves the right to suspend use of the Mobile Key App and the Mobile Key (or both) by the Guest User at any time for any reason.
6. Biometric Authentication
(a) Should you have an eligible Mobile Device, you may elect to enable biometric authentication to log on to the Hotel Mobile Key App using a biometric identifier registered on your Mobile Device. A biometric identifier includes a fingerprint, facial data and any other means by which a Mobile Device manufacturer allows a user to authenticate their identity for the purposes of unlocking their Mobile Device (“Biometric Identifier”). The Hotel does not collect or store this Biometric Identifier; it is stored on the Guest User’s Mobile Device.
(b) If you enable or use a Biometric Identifier to access the Mobile Key App or Mobile Key, you must ensure that your Biometric Identifier is the only Biometric Identifier stored on the Mobile Device you use to access the Mobile Key. If another person has stored their Biometric Identifier on the Mobile Device you use to access the Mobile Key in breach of these Mobile Key Terms, you acknowledge that they may be able to authenticate Actions on Mobile Key and that these Actions will be treated as having been authenticated by you and conducted with your knowledge and consent for the purposes of these Mobile Key Terms that govern your use and the Guest User’s use of the Hotel Registration.
7. Your Obligations
You agree that you will:
(a) Cease using the Mobile Key and delete it from your Mobile Device when you cease your registration as a Guest with the Hotel or other similar relationship with the Guest User or if you are instructed to by the Guest User;
(b) Not leave your Mobile Device unattended or left logged into the Mobile Key;
(c) Lock your Mobile Device or take other steps necessary to stop unauthorized use of the Mobile Key;
(d) Notify the Hotel immediately, and immediately cease to use the Mobile Key, if your Mobile Device is lost or stolen, or if your Mobile Device service is suddenly disconnected without your permission (which may indicate mobile phone porting);
(e) Notify the Hotel immediately, and immediately cease to use the Mobile Key, if you become aware or suspect that your Mobile Device password or Biometric Identifier is compromised, disclosed, used without your authority, or is lost or stolen;
(f) Notify the Hotel immediately, and immediately cease to use the Mobile Key, if your Mobile Key App or Mobile Key appears to be faulty, damaged, misused, or compromised;
(g) Not use the Mobile Key App or Mobile Key for any purpose other than to respond to an authentication request for Actions;
(h) Not act fraudulently or maliciously in relation to the Mobile Key App or Mobile Key application or software. For example, you will not copy, modify, adversely affect, reverse engineer, hack into or insert malicious code into the Mobile Key App or Mobile Key application or software;
(i) Install applications only from the Apple App Store or Google Play or another location expressly permitted by the Hotel on your Mobile Device, and not override the software lockdown on your Mobile Device (for example, by “obtaining root access” on an Android device and “jailbreaking” on an Apple device);
(j) Not permit any other person to store their Biometric Identifier on your Mobile Device;
(k) Before you sell or permanently give your Mobile Device to any person, delete the Mobile Key App, and if you have enabled a Biometric Identifier for access to Mobile Key App, disable this feature within the Mobile Key App (e.g., disable Touch ID or Face ID);
(l) Notify the Hotel immediately, and immediately cease to use Mobile Key App, in case of a breach or potential breach of any of your obligations in this Section 7;
(m) Cease using your Mobile Key if requested by the Hotel or us.
You also agree that you are solely responsible for your own Mobile Device’s anti-virus and security issues and those to prevent unauthorized access to the Mobile Key App or the Mobile Key.
The Guest User’s liability in connection with Mobile Key is set out in these Mobile Key Terms and in the terms that govern the use of the relevant Hotel Registration. It is your choice to register (or deregister) for the Mobile Key. Neither the Hotel nor we accept any liability for any loss or consequences to you whatsoever that may result from this decision, including in the event the Hotel processes an Action request or refuses or fails to process an Action request requiring authentication through the Mobile Key or delays in doing so.
Without limiting the above, to the extent permitted by law, neither the Hotel nor we will be liable for any direct or indirect loss or damage arising from any of the following:
- any inability or failure of your Mobile Device to access or use the Mobile Key App, the Mobile Key, or the malfunction or failure to operate of the Mobile Key App or the Mobile Key, or for any loss or damage to your Mobile Device resulting from your access or use, or attempted access or use, of the Mobile Key App or Mobile Key (including downloading any associated applications for the Mobile Key App or Mobile Key), and you should satisfy yourself as to these matters before attempting to access or use the Mobile Key App or Mobile Key; or
- your use of the Mobile Key App or Mobile Key, including loss arising from any security breach, if you have acted fraudulently (either alone or together with any other person), if you have installed applications on your Mobile Device other than those available from the Apple App Store, Google Play or other location permitted by the Hotel, or if you have caused or contributed to that loss, for example, by failing to comply with any of these Mobile Key Terms.
You acknowledge that any unauthorized reproduction by you of any proprietary information provided or available via the Mobile Key App or Mobile Key or any portion of it may result in legal action being taken.
To the maximum extent permitted by law, we and third parties connected to us hereby expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with his/her or their use, or inability to use, a digital key, including, without limitation any liability for loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
9. Suspension Or Termination Of Use And Service Quality
The Hotel may suspend or terminate your use of the Mobile Key App or your Mobile Key, or discontinue its offering of the Mobile Key, at any time. The provision and subsequent use of the Mobile Key is subject to the reliability and availability of third party service providers including software providers and network service providers. Neither the Hotel nor SmartOS, LLC will be liable for any direct or indirect loss suffered by you as a result of a failure or reduced level of service caused by any third party.
10. Data Collection
You agree that the Hotel may collect various information relating to your Mobile Device. This is required for the Hotel Mobile Key to properly function and for security purposes, for the Hotel to better provide assistance if you contact us for assistance and to further develop the Mobile Key. The Hotel will not use this information in any other manner. The information collected may include application type and version, network type and carrier name, IP address, device type and model, operating system and security information related to your Mobile Device (e.g., whether you have jailbroken your Mobile Device). If you do not consent to the collection of this information, you should not activate, or you should cease using, the Mobile Key App and the Mobile Key.
11. Changes To Mobile Key And These Mobile Key Terms And Conditions
The Hotel and SmartOS, LLC, can change these Mobile Key Terms at any time on fourteen (14) days’ notice. Notwithstanding the above, neither the Hotel nor SmartOS, LLC will give you prior notice where changes are outside of the Hotel’s or SmartOS, LLC’s control, except to the extent such notification is otherwise required by applicable law. Where the changes are required by applicable law to take immediate effect, they will take effect immediately. The Hotel will notify you of the above changes to the Mobile Key App or the Mobile Key electronically via the Apple App Store, Google Play, mobile device, email or SMS.
(a) Message and Data rates may apply;
(b) SMS text messages are intended to be a reasonable effort communication and represent just one component of the Hotel’s communication system;
(c) SMS text message notifications may be delayed or not received during regional emergencies or other periods of high messaging traffic;
(d) Third parties can send SMS text messages disguised as alerts from the Hotel and therefore you are urged to independently verify the authenticity of any message that you receive;
(e) SMS text message order delivery is not always predictable;
(f) SMS text message notification from the Hotel will be presented on your mobile device in the same manner as any other SMS text messages;
(g) SMS text messages may contain or reference trademarks or other proprietary rights of the Hotel or its affiliates. No license to or right in any such trademarks and other proprietary rights of the Hotel or other parties is granted to or conferred upon you;
(h) To the maximum extent permitted by law, all information contained in SMS text messages is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement; and
(i) To the maximum extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the receipt, use, failure of, or inability to use, SMS text messages;
13. Fees And Charges
You may incur additional fees and charges from your internet and/or mobile service provider and from other third parties for downloading and using the Mobile Key. Any such additional fees and charges are your sole responsibility, and any matters regarding these additional fees and charges should be raised with your mobile service provider.
14. Other Matters
In relation to these Mobile Key Terms, no delay or failure to act by the Hotel or by SmartOS, LLC, will be construed as a waiver of or in any way prejudice, of any of the Hotel’s or SmartOS, LLC’s respective rights. No waiver will be effective unless it is in writing. A waiver of a breach of one provisions or on one occasion will not waive any other breach.
15. Apple Inc. Licensing
If you are using the Mobile Key App or the Mobile Key with an iPhone or iOS Mobile Device, you acknowledge that these Mobile Key Terms are between the Hotel, us and you, and not Apple Inc. (“Apple”). You are given a non-transferable license to use the Mobile Key App and Mobile Key on your Mobile Device in accordance with these Mobile Key Terms and the Apple Usage Rules in the Apple Store Terms of Service. Subject to these Mobile Key Terms, the Hotel is solely responsible for the Hotel Mobile Key, and Apple is not responsible for the Hotel Mobile Key App or Mobile Key in any way. To the maximum extent permitted by law, Apple has no warranty obligations whatsoever with respect to the Mobile Key App or Mobile Key. You agree that the Hotel, and not Apple, is responsible for:
- addressing any claims by you or a third party in relation to the Mobile Key App or Mobile Key, including but not limited to product liability claims, claims that the Mobile Key App or Mobile Key fails to conform to legal or regulatory requirements or consumer protection claims;
- investigating any claim that the Mobile Key App or Mobile Key breaches third-party intellectual property rights, and for defending, settling or discharging such claim;
- maintenance and support services for the Mobile Key App or Mobile Key.
You agree that Apple and its subsidiaries are third party beneficiaries of these Mobile Key Terms, and that Apple has the right to (and will be deemed to have accepted the right) to enforce these Mobile Key Terms against you as a third party beneficiary.
16. Google Inc. Licensing
iPhone is a trademark of Apple Inc. App Store is a service mark of Apple Inc.
Android and Google Play are registered trademarks of Google Inc.
Mobile Key is a trademark of SmartOS, LLC. 8251 Presidents Drive, Orlando, FL 32809