Terms & Conditions — Marès Collection

You must be at least 18 years of age and have the legal capacity to enter into a binding contract in order to use the Services. The Services are intended for property owners, investors, property managers, real estate partners and other business users, and are not directed to consumers acting outside their trade, business or profession, nor to children. By using the Services, you represent and warrant that you meet these requirements and that your use of the Services complies with all applicable laws and regulations.

Marès Collection provides commercialization and advisory services for short-term and holiday rental properties. Depending on the scope agreed in your Engagement Agreement, our Services may include professional photography and visual production, listing creation and positioning, search optimisation and ranking improvement across distribution channels, dynamic pricing and revenue optimisation, publication and distribution across booking platforms, the use of software, data and artificial-intelligence tools, and commercial advisory regarding the positioning and improvement of your property.

Unless expressly agreed otherwise in writing, Marès Collection commercialises and positions properties and does not assume responsibility for the day-to-day operation of guest stays, including check-in/check-out, cleaning, maintenance, incident handling or in-stay guest support, which remain the responsibility of the Client and/or the Client's own operational providers. We may recommend or help coordinate third-party providers, but we do not guarantee or assume liability for their performance.

We may modify, suspend or discontinue any aspect of the Services at any time. Any forecasts, projections or estimates regarding occupancy, revenue, average daily rate or performance are illustrative only, are not guarantees, and actual results may vary.

To use certain Services, you may need to provide information through our onboarding forms or create or link an account ("Account"). You agree to provide accurate, complete and up-to-date information and to keep it current. You are solely responsible for any activity carried out under your Account and for maintaining the confidentiality and security of your credentials. We are not liable for any acts or omissions by you in connection with your Account. You must notify us immediately at info@marescollection.com if you know or suspect that your Account or credentials have been compromised or used without authorisation. You agree not to create an Account if we have previously removed your Account or suspended your access, unless we provide written consent.

The fees, commissions and payment terms applicable to your engagement are those set out in your Engagement Agreement or the applicable proposal. Unless otherwise stated, our compensation may include service fees and/or a commission calculated on the basis defined in the Engagement Agreement. Where commissions apply, you authorise us to invoice and collect them in accordance with the agreed terms.

Unless otherwise specified, all fees are stated and payable in Euros and are exclusive of applicable taxes (such as VAT), which you are responsible for paying. You represent that you have the legal right to use any payment method you provide. Late or non-payment may result in suspension or termination of the Services. We reserve the right to revise our pricing and commercial terms, with any changes applying prospectively following reasonable notice or upon renewal, except as otherwise agreed in an Engagement Agreement. Except where required by applicable law or expressly agreed in writing, fees already paid are non-refundable and there are no credits for partially used periods.

By engaging the Services, you represent, warrant and undertake that: (a) you are the owner of the property or are otherwise duly authorised to market, list and commercialise it; (b) you hold all licences, registrations, permits and authorisations required to offer the property for short-term rental under applicable local, regional and national law, and the property complies with all applicable health, safety, tax and tourism regulations; (c) all information, photographs and materials you provide are accurate, lawful and do not infringe any third-party rights; (d) you will grant us the access, credentials and cooperation reasonably necessary for us to provide the Services (including access to relevant listing, channel-manager, pricing and property-management platforms); and (e) you will not use the Services for any unlawful, fraudulent, deceptive or harmful purpose. You are responsible for the lawfulness of offering your property for rental and for all obligations toward guests, authorities and third parties.

Our Privacy Policy describes how we collect, use and disclose information when you use the Services. Please review it to understand our privacy practices. By using the Services, you acknowledge our Privacy Policy.

Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable and revocable right to access and use the Website and the materials we make available to you solely for the purpose of receiving and benefiting from the Services. Your access may be interrupted from time to time for reasons including equipment malfunction, updates, maintenance, or other actions we may elect to take in our discretion.

You may not, in connection with the Services, unless expressly permitted by these Terms, by applicable law, or with our written permission: copy, modify, distribute, publish, license, sell, or create derivative works from any content obtained through the Services (other than your own content); reverse engineer, decompile or disassemble the Services or any underlying software, ideas or algorithms; remove or alter any proprietary notices; use bots, scrapers, crawlers or other automated means to access, extract or collect data from the Services; introduce viruses or other malicious code; attempt to gain unauthorised access to the Services or related systems; interfere with or disrupt the integrity or performance of the Services; or use the Services in any unlawful, defamatory, harassing, deceptive or otherwise objectionable manner, or in any way not expressly permitted by these Terms.

8.1. Ownership of the Services. The Services, including their look and feel, text, graphics, images, logos, proprietary content, methodologies and other materials, are protected by copyright, trademark and other intellectual property laws. We and/or our licensors own all right, title and interest in and to the Services (other than Your Content), and you agree not to act inconsistently with such ownership.

8.2. Trademarks. "Marès Collection", our logos, and all related names, designs and slogans are trademarks of the Company or its licensors. Other marks appearing on the Services are the property of their respective owners.

8.3. Photography and Produced Materials. Ownership of photography, visual assets and other materials produced as part of the Services shall be as set out in the applicable Engagement Agreement. Where Marès Collection produces and pays for such materials and the Engagement Agreement so provides, Marès Collection retains ownership of those materials and grants the Client a licence to use them solely in connection with the commercialization of the relevant property during the term of the engagement.

8.4. Feedback. Any feedback, comments or suggestions you provide ("Feedback") become the sole property of the Company, and we may use them for any purpose without notice, compensation or attribution. You assign to the Company all rights in and to any Feedback.

8.5. Your Content License Grant. You may provide content such as property information, photographs, descriptions and materials ("Your Content"). To operate and provide the Services, you grant us a worldwide, royalty-free, sublicensable and transferable licence to host, store, reproduce, transmit, display, publish, distribute and adapt Your Content, solely as required to provide the Services, including making it available to distribution channels and contractual partners for that purpose. You represent and warrant that you have all rights and permissions necessary to grant this licence and that Your Content does not infringe any third-party rights. We may, in our discretion, remove, screen or edit Your Content at any time.

8.6. Notice of Infringement. If you believe that material available through the Services infringes your copyright or other rights, please contact us at legal@marescollection.com with a written notice identifying the work, the allegedly infringing material and its location, your contact information, a good-faith statement, a statement of accuracy, and your signature. It is our policy, in appropriate circumstances, to suspend or terminate the accounts of repeat infringers.

The Services may display, include or link to content, applications, platforms or materials provided by third parties ("Third-Party Materials"), including booking platforms, property-management systems, pricing tools and analytics providers. We are not responsible for examining or evaluating, and do not warrant or endorse, any Third-Party Materials, and we assume no liability for them. Your use of Third-Party Materials is at your own risk and subject to the relevant third party's terms and policies.

10.1. Disclaimers. To the maximum extent permitted by applicable law, the Services are provided on an "AS IS" and "AS AVAILABLE" basis. The Company and its parents, affiliates, officers, directors, employees, agents, partners and licensors (the "Company Entities") disclaim all warranties and conditions, whether express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the Services will be uninterrupted, error-free or that they will achieve any particular commercial result, occupancy level or revenue.

10.2. Limitation of Liability. To the extent not prohibited by applicable law, in no event will the Company Entities be liable for any indirect, special, incidental, consequential, exemplary or punitive damages, or for loss of profits, revenue, data, goodwill or business interruption, arising out of or related to the Services or these Terms, under any theory of liability, even if advised of the possibility of such damages. To the extent permitted by applicable law, the Company Entities' total aggregate liability arising out of or relating to these Terms or the Services shall not exceed the total amount paid by you to the Company for the Services giving rise to the claim during the six (6) months preceding the event giving rise to liability. Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited, including liability for death or personal injury caused by negligence, or for fraud.

10.3. Indemnification. You agree to defend, indemnify and hold the Company Entities harmless from and against any claims, costs, damages, losses, liabilities and expenses (including reasonable legal fees) arising out of or in connection with: (a) your breach of these Terms or any applicable law; (b) your violation of any third-party rights; (c) your misuse of the Services; (d) Your Content; (e) the operation, condition, licensing or legal compliance of your property; or (f) your negligence or wilful misconduct.

These Terms apply for as long as you use the Services. The term, renewal and termination of any specific engagement are governed by the applicable Engagement Agreement. If you breach these Terms, all licences granted by us terminate automatically, and we may suspend, disable or terminate your access to the Services and/or your Account, with or without notice. Provisions that by their nature should survive termination (including ownership, disclaimers, limitation of liability, indemnification and governing law) shall continue in effect.

These Terms and any dispute arising out of or relating to them or the Services shall be governed by the laws of the State of Florida, United States, without regard to conflict-of-laws principles. The parties agree to first attempt to resolve any dispute amicably and in good faith. Failing that, the parties submit to the exclusive jurisdiction of the courts of Orange County, Florida (Orlando), except where mandatory consumer-protection or other applicable law provides otherwise. Nothing in this section prevents either party from seeking injunctive or other equitable relief before a competent court.

13.1. Communications. You agree that we may contact you by email, telephone, SMS and messaging platforms in connection with the Services and, subject to your consent where required, for marketing purposes. You may opt out of marketing communications at any time.

13.2. Updating These Terms. We may modify these Terms from time to time and will update the "Last Revised" date above. If changes are material, we will use reasonable efforts to notify you. Your continued use of the Services after changes become effective constitutes acceptance of the modified Terms.

13.3. Assignment. We may assign these Terms or an Engagement Agreement; you may not assign yours without our prior written consent.

13.4. Severability and Waiver. If any provision is held unlawful or unenforceable, it shall be severed and the remaining provisions shall remain in effect. No waiver of any breach shall be deemed a waiver of any other breach.

13.5. Entire Agreement. These Terms, together with the Privacy Policy and any applicable Engagement Agreement, constitute the entire agreement between you and Marès Collection regarding the Services.

In accordance with applicable laws and regulations, we will delete or anonymise personal information once it is no longer needed for its intended purpose or upon request from the relevant individual. To request deletion of your personal data, please contact us at privacy@marescollection.com. Some data may need to be retained for legal or regulatory purposes, in which case we will keep it secure and confidential.

You may not access or use the Services, including any artificial-intelligence-powered functionality, methodologies, software, data or proprietary materials, for the purpose of developing, training or enhancing a competing product or service. Any such use of our intellectual property, technology or data for competitive purposes is strictly prohibited and constitutes a violation of these Terms.

You may contact us regarding the Services or these Terms by email at legal@marescollection.com or by post at 13550 Village Park Dr 135, Orlando, FL 32837.