Lobby Service Terms and Conditions

Lobby is a hospitality technology platform designed to provide guest-facing information, applications, property content, and supported technology services through compatible devices, including Apple TV.

Services may include platform access, property configuration, content management, device provisioning and management, application deployment, remote monitoring, technical support, and supported third-party integrations.

The specific Services provided to Customer are limited to those expressly identified in the applicable Service Agreement.

Features, functionality, interfaces, applications, and technical requirements may be modified from time to time as the platform and underlying technologies evolve.

Lobby relies upon products, software, networks, APIs, applications, cloud platforms, and services provided by third parties, which may include Apple, mobile device management providers, Internet service providers, television manufacturers, streaming and entertainment providers, property management systems, smart-room manufacturers, and other technology providers.

MY IT BRAIN does not control and is not responsible for the availability, performance, security, compatibility, pricing, licensing, modification, suspension, or discontinuation of third-party products or services.

Changes made by third parties may affect Lobby functionality or require configuration changes, replacement equipment, additional licensing, development, or other services. Such work may be quoted separately.

MY IT BRAIN does not guarantee that any particular third-party application, service, API, integration, or feature will remain available or compatible with Lobby.

Lobby does not provide television programming, cable television, satellite television, streaming subscriptions, premium content, or entertainment subscriptions unless expressly stated in the applicable Service Agreement.

Customer is responsible for obtaining and maintaining all television programming, content rights, streaming services, licenses, subscriptions, and accounts required for its property.

Availability and functionality of third-party entertainment applications are controlled by their respective providers.

Customer is responsible for maintaining reliable Internet service and adequate network connectivity throughout all areas where Lobby is deployed.

A dedicated business-grade fiber Internet connection may be recommended for properties using Lobby; however, Internet service is not included unless expressly identified in the Service Agreement.

MY IT BRAIN is not responsible for service degradation, interruption, or loss of functionality caused by inadequate bandwidth, Internet outages, Wi-Fi coverage, network congestion, firewall restrictions, Customer network changes, Internet service providers, or other network conditions outside MY IT BRAIN's control.

Any network assessment performed by MY IT BRAIN represents conditions observed at the time of the assessment and does not guarantee future network performance.

Customer is responsible for maintaining compatible televisions, networks, Internet connectivity, electrical service, equipment, accounts, subscriptions, and third-party services required for Lobby.

Customer must provide reasonable access to equipment, systems, facilities, accounts, and authorized personnel when necessary to deploy, maintain, or troubleshoot the Services.

Customer is responsible for ensuring that information supplied for publication through Lobby is accurate, current, lawful, and appropriate for guests.

Customer is also responsible for obtaining any corporate, ownership, franchise, brand, regulatory, licensing, copyright, or other approvals required for its use of Lobby.

Customer retains responsibility for text, images, logos, menus, pricing, policies, advertisements, trademarks, photographs, videos, and other materials supplied by or on behalf of Customer (“Customer Content”).

Customer represents that it possesses all rights and permissions necessary to provide and display Customer Content through Lobby.

Customer grants MY IT BRAIN a non-exclusive license to host, reproduce, modify as reasonably necessary for formatting, distribute, and display Customer Content solely for providing the Services.

MY IT BRAIN is not responsible for errors, omissions, outdated information, intellectual property claims, or other liabilities resulting from Customer Content.

Lobby may operate through Apple TV devices and other compatible equipment.

Customer-owned hardware remains Customer's responsibility unless specifically covered under a Service Agreement.

MY IT BRAIN is not responsible for physical damage, theft, loss, misuse, electrical damage, environmental damage, manufacturer defects outside applicable warranties, or normal hardware failure.

Replacement hardware, installation, shipping, configuration, or onsite service may result in additional charges unless specifically included in the Service Agreement.

Supported devices may be enrolled in Apple Business Manager, mobile device management systems, or other management platforms necessary to provide the Services.

Customer authorizes MY IT BRAIN to remotely configure, manage, update, restart, restrict, deploy applications to, and otherwise administer covered devices as reasonably necessary to provide Lobby services.

Software or operating-system updates may modify device behavior or compatibility. MY IT BRAIN is not responsible for changes caused by manufacturers or software providers.

Lobby may support integrations with lighting, HVAC, property management, guest services, automation, and other third-party systems.

Such integrations depend on the continued availability and functionality of third-party hardware, software, APIs, networks, and services.

Unless expressly included in the Service Agreement, third-party hardware, licensing, subscriptions, API charges, installation, programming, and custom integration development are not included.

Smart-room controls are provided for convenience and are not intended to replace physical controls, life-safety systems, building automation safeguards, or emergency procedures.

Lobby must not be relied upon for fire protection, security, access control, emergency communication, medical functions, environmental safety, or any other life-safety function.

MY IT BRAIN will provide support according to the scope and support conditions identified in the applicable Service Agreement.

Remote troubleshooting will be used whenever reasonably practical.

Onsite service, after-hours support, third-party troubleshooting, network remediation, hardware replacement, custom development, or work outside the contracted scope may incur additional charges.

No specific response or resolution time is guaranteed unless expressly established in a written service-level agreement.

MY IT BRAIN will use commercially reasonable efforts to maintain Lobby services but does not guarantee uninterrupted or error-free operation.

Services may be interrupted by maintenance, software updates, Internet failures, cloud provider outages, third-party service interruptions, equipment failures, cybersecurity events, utility failures, circumstances beyond our reasonable control, or other technical conditions.

Temporary unavailability of some or all Services does not constitute a breach of these Terms.

MY IT BRAIN uses commercially reasonable measures appropriate to the Services to protect systems under its control.

No technology platform, network, cloud service, or Internet-connected device can be guaranteed to be completely secure.

Customer remains responsible for security measures applicable to systems, networks, accounts, devices, and information outside MY IT BRAIN's management scope.

MY IT BRAIN does not warrant that the Services will prevent every unauthorized access attempt, malware incident, data breach, cyberattack, or other security event.

Customer is responsible for the manner in which Lobby is offered to guests at its property.

Guests may access third-party applications, websites, content, or services through supported devices. Such use may be governed by separate terms and privacy policies established by those third parties.

MY IT BRAIN is not responsible for guest activity, guest accounts, guest credentials, third-party content accessed by guests, or transactions between guests and third-party providers.

Each party will comply with applicable privacy and data protection requirements relating to information under its control.

Customer should not intentionally submit sensitive personal information to Lobby unless specifically supported and authorized by MY IT BRAIN.

Where third-party services process information, their respective privacy policies and data practices may apply.

Additional privacy practices applicable to Lobby may be described in a separate Lobby Privacy Policy.

Lobby, including its software, platform, interfaces, designs, workflows, documentation, branding, technology, and related intellectual property, is owned by MY IT BRAIN and/or its licensors.

Customer receives only a limited, non-exclusive, non-transferable right to use the Services during the applicable service term.

Customer may not copy, reverse engineer, reproduce, resell, sublicense, distribute, modify, or attempt to derive the source code of Lobby except where expressly permitted by applicable law.

No ownership interest in Lobby or MY IT BRAIN intellectual property transfers to Customer.

Customer agrees to pay all fees identified in the applicable Service Agreement.

Unless otherwise specified, invoices are due within thirty (30) days.

MY IT BRAIN may suspend Services for materially past-due balances after providing any notice required by the applicable Service Agreement or law.

Customer remains responsible for recurring charges during any suspension resulting from Customer's failure to pay or satisfy its contractual responsibilities.

Applicable taxes, government charges, third-party fees, shipping, and other charges not expressly included may be billed separately where appropriate.

The initial service term is specified in the applicable Service Agreement.

Unless otherwise stated in writing, termination does not relieve Customer of payment obligations incurred before the effective termination date or other amounts contractually due under the Service Agreement.

Upon termination, access to Lobby and associated management services may be disabled, and Customer is responsible for transitioning any Customer-owned equipment or third-party services.

Any MY IT BRAIN-owned or financed equipment remains subject to the ownership, return, and payment provisions of the applicable Service Agreement.

MY IT BRAIN may suspend all or part of the Services when reasonably necessary due to nonpayment, security concerns, suspected misuse, legal requirements, threats to systems or third parties, Customer breach, or circumstances that could materially affect the operation or security of Lobby.

Where reasonably practical, MY IT BRAIN will attempt to notify Customer of material service suspensions.

MY IT BRAIN may modify Lobby features, interfaces, infrastructure, supported applications, technical requirements, and underlying technologies as reasonably necessary to maintain, secure, improve, or develop the platform.

MY IT BRAIN may discontinue functionality that becomes unavailable, commercially impractical, insecure, unsupported, or incompatible because of changes to third-party technology.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

EXCEPT AS EXPRESSLY PROVIDED IN A SERVICE AGREEMENT, MY IT BRAIN DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CONTINUOUS AVAILABILITY, AND ERROR-FREE OPERATION.

MY IT BRAIN DOES NOT WARRANT THAT LOBBY WILL MEET EVERY CUSTOMER REQUIREMENT OR THAT ALL THIRD-PARTY PRODUCTS, APPLICATIONS, SERVICES, OR INTEGRATIONS WILL REMAIN AVAILABLE OR COMPATIBLE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MY IT BRAIN, LOBBY, AND THEIR OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST BUSINESS, LOSS OF GOODWILL, LOSS OF DATA, GUEST CLAIMS, BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE SERVICES, ARISING FROM OR RELATED TO THE SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF MY IT BRAIN ARISING FROM OR RELATED TO THE SERVICES OR ANY APPLICABLE SERVICE AGREEMENT WILL NOT EXCEED THE AMOUNT OF RECURRING SERVICE FEES ACTUALLY PAID BY CUSTOMER TO MY IT BRAIN FOR THE AFFECTED SERVICES DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

THESE LIMITATIONS APPLY REGARDLESS OF THE FORM OF ACTION AND EVEN IF MY IT BRAIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EXCEPT TO THE EXTENT A LIMITATION IS PROHIBITED BY APPLICABLE LAW.

To the extent permitted by law, Customer agrees to defend, indemnify, and hold harmless MY IT BRAIN, Lobby, and their owners, officers, employees, contractors, and affiliates from third-party claims, damages, liabilities, losses, and reasonable costs arising from Customer Content, Customer's unlawful or unauthorized use of the Services, Customer's breach of these Terms, or Customer's violation of a third party's intellectual property or other rights.

MY IT BRAIN will provide reasonable notice of an indemnified claim and reasonable cooperation, at Customer's expense, in the defense of the claim.

MY IT BRAIN will not be responsible for delay, interruption, or failure caused by circumstances beyond its reasonable control, including natural disasters, severe weather, fire, flood, utility failure, Internet or telecommunications outages, labor disputes, government actions, war, civil disturbance, epidemics, supply-chain disruptions, cybersecurity incidents affecting third parties, cloud service outages, or failures of manufacturers or technology providers.

Lobby is intended to enhance the hospitality guest experience and simplify access to property information and supported controls.

Customer acknowledges that Lobby should not be the sole means of providing essential guest information, emergency instructions, safety information, accessibility accommodations, or critical property services.

Customer may not assign or transfer its Service Agreement or rights under these Terms without MY IT BRAIN's prior written consent, except as otherwise required by law.

MY IT BRAIN may assign its rights and obligations in connection with a merger, acquisition, corporate restructuring, sale of substantially all relevant assets, or transfer of the Lobby business.

These Terms and applicable Service Agreements will be governed by the laws of the State of Florida, without regard to conflict-of-law principles.

Unless otherwise required by applicable law or agreed to in writing, any legal proceeding arising from these Terms or the Services shall be brought in a court of competent jurisdiction located in Miami-Dade County, Florida, and the parties consent to such jurisdiction and venue.

Formal notices relating to a Service Agreement may be delivered electronically or to the addresses identified in the applicable Service Agreement.

Operational communications, support notices, invoices, platform notifications, and service-related communications may be delivered electronically to Customer's designated contacts.

If any provision of these Terms is determined to be invalid or unenforceable, that provision will be enforced to the maximum extent legally permissible, and the remaining provisions will remain in effect.

Failure by either party to enforce a provision of these Terms does not constitute a waiver of that provision or any other right.

These Terms, together with the applicable Service Agreement, proposal, order, statement of work, and any incorporated exhibits or addenda, constitute the agreement between Customer and MY IT BRAIN concerning the applicable Services and supersede prior discussions or representations regarding those Services.

No modification to a signed Service Agreement is binding unless agreed to by authorized representatives of the parties, except that MY IT BRAIN may update these online Terms as described below.

MY IT BRAIN may update these Terms periodically to reflect changes in the Services, technology, third-party requirements, legal requirements, or business practices.

The current version will be published at https://www.lobby.center/terms.

Material changes will apply prospectively to the extent required by applicable law and contractual obligations.