Terms and Conditions

1. Terms and Conditions

These Terms form a binding agreement between you and Elevated Luxury Essentials (“Company,” “we,” “us,” or “our”) for use of the Platform. The Terms apply to the website, any mobile features, dashboards, forms, showcase tools, communications, advertising services, and other digital systems made available by the Company.

These Terms are intended to provide a marketplace-style legal framework tailored to the Company’s service model as a showcase, advertising, lead-delivery, and SaaS provider for vacation escape opportunities.

2. Overview of Services

• The Platform allows partners and authorized advertisers to present properties, publish availability, receive inquiries, and access related advertising or SaaS services.
• The Platform may include showcase pages, inquiry routing, owner dashboards, content hosting, analytics, marketing coordination, and optional mobile access.
• Unless the Company expressly states otherwise in a separate agreement, the Company is not a real estate broker, travel agency, escrow provider, or property manager.
• The Company does not own, control, inspect, or independently verify every property displayed on the Platform.
• All booking decisions and lodging arrangements are ultimately made between the user and the owner or the owner’s authorized representative.

3. Account Registration and Responsibilities

• Users may be required to create an account to access certain Platform features.
• You must provide accurate, current, and complete registration, showcase, and contact information.
• You are responsible for maintaining the confidentiality of your credentials and for all activity under your account.
• Owners are responsible for the actions of team members, assistants, or agencies using their login or dashboard access.
• The Company may suspend, restrict, or terminate access if it believes these Terms, applicable law, or Platform policies have been violated.

4. Owner Showcase Terms

• Owners may create or authorize showcases only for properties they lawfully own, control, or are permitted to advertise.
• Owners certify that showcase information, rates, photos, occupancy details, amenities, policies, and legal disclosures are accurate and not misleading.
• Owners grant the Company a non-exclusive, royalty-free right to use showcase content, photos, logos, and related information for website display, marketing, lead generation, and promotional campaigns.
• Owners are solely responsible for pricing, negotiations, contracts, screening, booking acceptance, payment collection, refunds, taxes, permits, occupancy rules, and legal compliance.
• Inquiries or leads generated through the Platform may be forwarded directly to owners, but the Company does not guarantee any minimum number of leads, bookings, or revenue results.

5. User Responsibilities

• Users must independently verify property details, pricing, availability, house rules, amenities, cancellation terms, and payment instructions before booking.
• Users are responsible for communicating honestly and respectfully with owners or their authorized representatives.
• Users understand that the Company may not be a party to the lodging agreement and is not responsible for the owner’s performance, property condition, or transaction outcome.
• Users must use the Platform lawfully and may not use inquiries, forms, or messages for spam, harassment, fraud, or unauthorized commercial solicitation.

6. Payments, Fees, and Subscriptions

• Owners may pay subscription fees, placement fees, setup fees, content fees, advertising fees, or other charges as stated in their service agreement, order form, invoice, or separate written scope.
• Unless a separate agreement says otherwise, fees are deemed earned when services begin, ads are deployed, leads are delivered, dashboards are activated, or other contracted milestones are reached.
• Users do not ordinarily pay the Company directly for a stay unless an optional feature, concierge service, or separate checkout tool clearly states otherwise.
• You authorize the Company to process agreed charges through approved payment methods and to collect lawful amounts due, including late charges or recovery costs where permitted.

7. Cancellations and Refund Policy

• Owners may cancel within the cancellation period stated in their signed service agreement or subscription documents, including any applicable 3-day review period if offered there.
• After lead generation begins, advertising launches, dashboard or mobile access is activated, or services are otherwise rendered, refunds may be reduced or waived as described in the applicable agreement.
• Users must address booking cancellations, rescheduling, credits, or stay disputes directly with the owner or the owner’s booking representative unless the Company expressly states otherwise in writing.

8. Content and Intellectual Property

• The Platform software, layout, branding, copy, graphics, workflows, and digital systems are owned by or licensed to the Company and are protected by law.
• You may not reproduce, copy, distribute, modify, scrape, sell, or reverse engineer Platform materials without prior written permission.
• By submitting showcase content, owners grant the Company a license to host, display, adapt, resize, distribute, and promote that content for Platform and marketing purposes.

9. Prohibited Activities

• Uploading false, deceptive, unlawful, discriminatory, or infringing content.
• Misrepresenting ownership, authority, availability, pricing, or property condition.
• Circumventing Platform safeguards, harvesting data, or interfering with security or system performance.
• Using the Platform for fraud, harassment, spam, malware, or any activity that violates law or third-party rights.

10. Third-Party Services and Links

The Platform may rely on or link to third-party tools and services, including advertising platforms, analytics tools, email systems, payment processors, maps, hosting providers, and embedded content providers. The Company is not responsible for third-party availability, accuracy, privacy practices, policies, or performance.

11. Mobile Application Access

• If mobile tools, dashboards, or companion applications are provided to an owner, access rights are governed by the applicable agreement and these Terms.
• Activation or successful login to a mobile tool may be treated as delivery of a contracted service milestone for billing and refund analysis.
• The Company does not guarantee that mobile features will be uninterrupted, error-free, or available on every device or operating system.

12. Disclaimer of Warranties

The Platform is provided on an “as is” and “as available” basis. To the fullest extent permitted by law, the Company disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, availability, non-infringement, and quiet enjoyment.

The Company does not guarantee leads, platform inquiries, bookings, occupancy, revenue, profitability, advertising performance, or any sale or stay outcome. Results depend on many factors outside the Company’s control, including market demand, seasonality, property quality, pricing, owner responsiveness, competition, location, and user preferences.

13. Limitation of Liability

• The Company is not liable for property disputes, user or owner misconduct, cancellations, failed transactions, fraud by third parties, data loss, or lost profits.
• The Company is not responsible for agreements, injuries, damages, losses, or claims arising from any stay, property condition, payment dispute, or direct interaction between users.
• To the fullest extent permitted by law, the Company’s total aggregate liability for any claim arising from the Platform will not exceed the total amount paid to the Company by the claimant during the 12 months preceding the event giving rise to the claim.

14. Indemnification

You agree to defend, indemnify, and hold harmless the Company and its affiliates, managers, members, officers, employees, contractors, and licensors from any claims, damages, liabilities, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of your showcases, content, property operations, user interactions, misuse of the Platform, or breach of these Terms.

15. Privacy Policy Reference

Your use of the Platform is also subject to the Privacy Policy set out in Section 19 below. By using the Platform, you acknowledge that personal information may be collected, used, and disclosed as described there.

16. Governing Law and Dispute Resolution

• These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law principles.
• The parties will first attempt in good faith to resolve disputes through informal discussion and, if appropriate, non-binding mediation.
• If a dispute is not resolved informally, it may be submitted to binding arbitration or another dispute forum stated in the applicable signed agreement, except where court action is permitted by law.

17. Modifications to These Terms

The Company may modify these Terms from time to time by posting an updated version on the Platform. Continued use after the effective date of an update constitutes acceptance of the revised Terms. If you do not agree to a change, you must stop using the Platform.

18. Contact Information

Questions, notices, accessibility feedback, privacy requests, and legal correspondence may be sent to:

Elevated Luxury Essentials
14 NE 1st Avenue, Suite 1403
Miami, FL 33132
Phone: (888) 229-0249
Email: support@evescapes.com

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19. Privacy Policy

The Company is committed to protecting personal information collected from owners, users, clients, and website visitors.

• Information we collect: names, email addresses, phone numbers, property details, inquiry details, uploaded content, device information, IP addresses, usage analytics, and communications.
• How we use information: to operate accounts, route inquiries, display showcases, market properties, improve Platform performance, provide support, prevent fraud, and comply with legal obligations.
• How we share information: with service providers, advertising platforms, analytics tools, email systems, contractors, legal authorities, and other parties where necessary to provide services or comply with law.
• Security and retention: we use reasonable administrative, technical, and organizational safeguards and retain data for as long as reasonably needed for service, support, recordkeeping, and legal compliance.
• User rights: subject to applicable law, users may request access, correction, deletion, or additional information by contacting the Company.

20. Fees & Payments Policy

• Owner fees may include one-time or recurring subscription charges, placement fees, content fees, campaign fees, software access fees, or other charges stated in the applicable agreement.
• Fees may cover advertising, lead generation, page creation, content support, dashboard access, optional mobile access, and related deliverables.
• Refunds are limited to the cancellation terms stated in the signed agreement and are generally not available after services have been delivered or materially commenced.
• Chargebacks, reversed payments, or fraudulent disputes may result in account suspension, termination, collection activity, or legal action.
• Owners remain responsible for all taxes, occupancy charges, remittance duties, and business compliance tied to their properties and transactions.

21. Platform Booking Terms

• Users must verify showcase details, timing, pricing, payment methods, and stay rules directly with the owner or authorized representative.
• Payments for stays typically occur directly between the user and owner unless the Platform clearly states that a different checkout flow is being used.
• Any booking dispute, refund issue, cancellation issue, charge dispute, or property-related claim must be addressed directly with the owner unless the Company expressly agrees otherwise in writing.

22. Trust & Safety Policy

• Users must provide truthful information, act respectfully, and avoid fraudulent or abusive conduct.
• The Company may monitor usage patterns, investigate suspicious behavior, filter spam, and take action against misuse.
• The Company does not guarantee the authenticity of every showcase or user and does not inspect or certify all properties.

23. Content Policy

• Allowed content: lawful property photos, descriptions, rates, availability information, policies, amenity details, and related marketing materials.
• Prohibited content: false statements, discriminatory language, copyrighted material without authorization, illegal content, malware, deceptive claims, and offensive or harmful submissions.
• License: by uploading content, you grant the Company the right to store, reproduce, adapt, publish, and promote that content in connection with the Platform and marketing efforts.

24. Cancellation Policy

• Owner cancellations: owners may cancel within any review period stated in their signed service agreement. After that window, cancellations may be non-refundable once services have begun.
• User cancellations: user cancellations are governed by the owner’s booking terms, and the Company does not decide user stay refunds unless expressly stated.
• Company cancellation rights: the Company may suspend services or remove users or showcases that violate these Terms or applicable law.

25. Hosting & Showcase Standards

• Owners must keep photos, descriptions, rates, and amenities accurate and reasonably current.
• Owners must respond to inquiries professionally and provide timely, truthful information to prospective users.
• Owners must follow local laws, homeowner association rules, platform rules, safety rules, and advertising standards.
• The Company may remove or refuse showcases that are misleading, non-compliant, repeatedly complained about, or believed to create legal or reputational risk.

26. Cookie Policy

• The Platform may use essential, analytics, advertising, and preference cookies or similar technologies.
• Cookies may support authentication, traffic measurement, personalization, remarketing, campaign attribution, and user-preference storage.
• Users may disable cookies in browser settings, but some Platform features may not function properly.

27. Community Standards

• Users must communicate professionally and refrain from harassment, threats, hate speech, discrimination, abuse, or retaliation.
• All property descriptions, reviews, and communications must be honest and not intentionally misleading.
• Spam, automated messaging, impersonation, and manipulative conduct are prohibited.

28. Accessibility Statement

The Company aims to provide an accessible digital experience and to improve usability over time for a broad range of users and devices. If you encounter accessibility barriers, please contact the Company so we can review the issue and work toward a reasonable solution.

29. Security Policy

• The Company uses reasonable security measures such as protected hosting environments, access controls, monitoring, and encrypted transmission where available.
• Users must protect their passwords, devices, and account access and must notify the Company promptly of suspected unauthorized access.
• No digital service can guarantee absolute security, and users accept the inherent risks of internet-based services.

30. Data Processing Addendum

• For certain owner services, the Company may process data on behalf of an owner in a processor or service-provider capacity.
• The Company also acts as a controller for account, support, billing, marketing, and Platform operation data that it collects for its own business purposes.
• Processing may be based on contractual necessity, legitimate interests, consent where required, and compliance with law.
• The Company may use subprocessors such as hosting providers, analytics vendors, email tools, advertising platforms, and customer support tools.

31. Owner Guarantee & Risk Disclosure

• The Company does not guarantee any specific number of leads, bookings, nights stayed, occupancy rates, revenue, profit, or return on advertising spend.
• Marketing outcomes vary based on market demand, seasonality, showcase quality, pricing, reviews, owner responsiveness, competition, local regulations, and user preferences.
• Owners accept that advertising and marketplace exposure involve business risk and that no marketing program can guarantee outcomes.

32. User Verification Policy

• The Company may use email verification, device checks, IP screening, fraud indicators, or other risk tools where appropriate.
• The Company does not promise full identity verification, background checks, or safety guarantees for every user.
• Users and owners are responsible for conducting their own due diligence before entering into any stay, payment, or access arrangement.

33. Advertiser Disclosure Statement

• The Platform operates as a marketing, advertising, showcase, and software service for vacation escape opportunities.
• The Company may use paid advertising through search, social, display, email, and partner channels.
• Owners or clients may compensate the Company for showcase visibility, advertising, software access, content support, or related services.
• Featuring a property, owner, advertiser, or showcase on the Platform does not mean the Company endorses, certifies, inspects, or guarantees that property or party.

By continuing to access or use the Platform, you confirm that you have read, understood, and agreed to these Terms and Conditions.