Terms of Service

1. Acceptance of Terms & Scope of Application

By accessing or using scalemyhotel.com, utilizing our interactive diagnostic calculators and tools, submitting an audit or contact inquiry, purchasing downloadable digital products, or entering into a commercial engagement with Scale My Hotel ("we", "us", "our", or "the Agency"), you ("Client", "User", or "Licensee") agree to be bound by these Terms of Service. If you do not agree to these terms, you must refrain from accessing the website, purchasing digital goods, or utilizing our services.

2. Business Identity & Scope of Services

Scale My Hotel is an independent hospitality digital marketing, revenue management, and distribution consultancy founded and operated as an Indian sole proprietorship by Omkar Adate, operating from Scale My Hotel, C-203, Violet I, Lodha Crown Taloja, Dombivli - 421204, Maharashtra, India.

Scale My Hotel delivers structured commercial advisory, launch setup, and ongoing growth execution across our primary markets in India, the United Arab Emirates (UAE), and the United States:

• OTA Listing & SEO Optimization: Multi-channel extranet configuration and content optimization across selected booking platforms (Individual, Starter, Basic, and Advanced packages from ₹3,500 / AED 150 / USD $50; additional room configurations from ₹2,800 / AED 190 / USD $60).
• Google Hotel & Local Maps SEO: Structuring Google Business Profiles (₹5,000 / AED 250 / USD $100 per location), managing Google Free Booking Links, and running targeted Google Hotel Ads.
• Pre-Opening & Launch Packages: Comprehensive one-time digital pre-opening distribution setup for independent hotels (Rocket Launch Package: ₹95,000 / AED 5,000 / USD $1,500), vacation rentals/villas (Short-Term Rental Launch Package: ₹75,000 / AED 3,750 / USD $1,100), and custom-scoped All Services Packages.
• The Scale Phase: Ongoing monthly marketing management, dynamic rate guidance, and revenue reporting retainers.
• Self-Service Digital Products: Practical Excel workbooks, operating systems, and launch toolkits sold as instant digital downloads via Payhip.

Scale My Hotel is an independent commercial consultancy based in Maharashtra, India, and does not maintain foreign incorporated subsidiaries, branch offices, or foreign legal accreditations in overseas jurisdictions.

3. Contract Formation, Proposals & Order of Precedence

Prior to initiating paid commercial consulting or agency implementation, we issue a written Proposal or Statement of Work (SOW) detailing the agreed deliverables, execution milestones, delivery timeline, pricing, and specific terms.

Order of Precedence: In the event of any conflict, ambiguity, or discrepancy between promotional statements on this website and a mutually signed Proposal or Statement of Work, the specific terms of the mutually executed Proposal or SOW shall strictly govern, prevail, and take precedence.

4. Client Responsibilities & Project Dependencies

Timely and successful execution of marketing and distribution services requires active collaboration from the property operator. The Client agrees to:

• Provide verified administrative or delegated manager access to required extranets and accounts (OTA portals, Google Business Profile, Google Ads, Meta Business Manager, PMS, Channel Manager, and website DNS) within five (5) business days of kickoff.
• Supply minimum required property assets, including high-resolution photography, accurate room inventories, verified amenities, room category descriptions, and valid commercial hospitality operating licenses.
• Review and provide written approvals or constructive feedback on proposed rate structures, content copy, and advertising creatives in a timely manner.
• Ensure that all property information, statutory licenses, tax registrations, and guest policies supplied to the Agency are accurate, complete, and legally compliant.

Impact of Client Delays: Delivery timelines quoted by Scale My Hotel are strictly contingent upon prompt Client cooperation. Delays resulting from missing assets, withheld access credentials, or unapproved milestones will proportionally extend delivery timelines without liability or financial penalty to Scale My Hotel.

5. Professional Fees, Invoicing & Disbursements

• Consulting Fees: All quoted professional service fees are flat net amounts for services rendered. Scale My Hotel is currently operated below the statutory Goods and Services Tax (GST) registration threshold in India and does not collect or levy GST. Quoted amounts do not include local foreign withholding or reverse-charge taxes applicable in client jurisdictions.
• Accepted Payment Methods: Consulting fees are payable in approved commercial currencies via Bank Transfer (NEFT / RTGS / IMPS) and UPI. Invoicing coordinates and payment instructions are shared upon milestone agreement and formal invoice issuance.
• Direct Advertising & Media Spend: All client advertising budgets (Google Ads, Meta Ads, OTA sponsored placements) must be paid directly by the Client to the respective platform providers using the Client’s own credit line or billing account. Scale My Hotel never handles, marks up, holds, or commingles client advertising funds.
• Third-Party Software & Platform Subscriptions: Operating licenses and subscription fees for Property Management Systems (PMS), Channel Managers (e.g., Staah, RateGain, eZee), booking engine software, and custom web hosting/domains remain the direct financial responsibility of the Client.
• On-Site Property Expenses: If an engagement includes physical property visits, on-site photography supervision, or staff training, all reasonable travel, lodging, and subsistence costs must be authorized in writing in advance and reimbursed by the Client.

6. Commercial Cancellation & Refund Policy

Scale My Hotel provides specialized professional consulting and proprietary digital products. Different cancellation terms apply depending on the commercial offering:

6.1 All Services Package & One-Time Launch Packages

For fixed-scope one-time setups (including the All Services Package, Rocket Launch Package, Short-Term Rental Launch Package, and OTA Listing Setup):

• Cancellation Prior to Work Commencement: If the Client requests written cancellation before substantive project work has begun, paid package service fees will be refunded subject to a 10% administrative and onboarding cancellation fee. The Client acknowledges that this fee represents a genuine, reasonable pre-estimate of administrative scoping, technical intake, and senior strategist bandwidth allocated to schedule the project.
• Cancellation After Work Commencement: Once substantive project work has commenced, the agreed package fee becomes non-refundable. Scale My Hotel dedicates focused operational bandwidth, conducts proprietary property audits, and initiates channel configurations in direct reliance on the engagement.
• Definition of Substantive Work Commencement: Substantive project work is objectively deemed to have commenced upon the occurrence of any one of the following documented activities: (i) holding the formal project kickoff meeting; (ii) initiating the property-specific positioning review or competitor audit; (iii) receiving extranet credentials and configuring listings across OTAs or Google Business Profile; (iv) drafting bespoke room copy, rate structures, or website code; or (v) structuring client-specific campaign deliverables. Merely issuing an invoice or conducting initial administrative onboarding does not by itself trigger post-commencement status.
• Agency Cancellation Symmetry: If Scale My Hotel cancels an accepted one-time package prior to commencement without cause or client default, 100% of paid fees will be refunded to the Client within seven (7) business days.

6.2 Monthly Retainers (The Scale Phase)

Ongoing monthly marketing management and revenue guidance retainers operate on a month-to-month basis:

• Either party may terminate a monthly retainer by providing 30 calendar days' written notice via email to hi@scalemyhotel.com.
• Services, active campaigns, and revenue reporting will continue through the 30-day notice period, and no further renewal invoices will be generated.
• Fees paid for completed months, ongoing active periods, or delivered milestones are non-refundable.

6.3 Standalone Downloadable Digital Products (Payhip)

For self-service digital workbooks, toolkits, and spreadsheet templates sold on scalemyhotel.com via Payhip (including the Airbnb, Booking.com, MakeMyTrip, Expedia, and Property Launch Operating Kits, and the Hotel Growth Operating Workbook):

• Default Rule — Final Sale: Because downloadable digital toolkits, Excel workbooks, and guides are delivered immediately upon completed transaction via Payhip, all digital product sales are final and non-refundable by default.
• Defective File & Access Remedies: If a purchaser experiences a technical access issue, unzipping error, corrupted file, or incorrect product delivery, the purchaser must email hi@scalemyhotel.com with their Payhip order receipt within seven (7) days of purchase. Scale My Hotel will provide replacement files, download assistance, or technical resolution.
• Statutory Consumer Rights: Nothing in these terms excludes, restricts, or modifies any non-waivable statutory consumer guarantee or remedy provided under applicable consumer protection legislation in India, the UAE, or the United States where an unresolvable file defect cannot be remedied.

For complete procedural guidelines on cancellations and refunds, review our standalone Refund & Cancellation Policy.

7. Digital Products — Strict Single-Owner Licence Agreement

All downloadable digital workbooks, operating systems, calculators, and documentation created by Scale My Hotel are proprietary copyrighted works protected under the Indian Copyright Act, 1957, the UAE Federal Decree-Law No. 38 of 2021 on Copyright and Neighboring Rights, and the United States Copyright Act (17 U.S.C. § 101 et seq.).

Upon completed purchase, Scale My Hotel grants the purchaser a limited, non-exclusive, non-transferable, revocable licence subject to the following terms:

• Authorized Licensee: If purchased by an individual, the licence is granted solely to that named natural person. If purchased on behalf of a hospitality operating business, the purchasing entity may designate one (1) authorized operational manager as the primary licensee.
• Permitted Internal Use: The licensee is entitled to utilize, input property data into, and adapt the workbook for accommodation properties owned, leased, or directly managed within the licensee’s own hospitality business.
• Permitted Output Sharing: The licensee may extract and share completed operational outputs (such as exported guest message text, printable cleaner checklists, and internal financial summary reports) with property staff, co-hosts, and direct operational contractors.
• Prohibited Redistribution: The licensee shall not share, upload, redistribute, resell, lease, sublicense, or distribute the editable source files (XLSX, DOCX, or clean master PDFs) to third-party operators, online forums, public repositories, or shared digital libraries.
• No Commercial White-Labelling: The licensee shall not remove copyright markings or proprietary notices, nor white-label, rebrand, or incorporate the underlying spreadsheet architecture into competing commercial toolkits, SaaS platforms, or paid consulting offerings.
• Enforcement: Scale My Hotel actively protects its intellectual property. Unauthorized distribution, piracy, or resale of source assets will result in immediate termination of the licence and may subject the infringing party to civil damages and injunctive relief under applicable copyright laws.

8. Intellectual Property & Deliverable Ownership

• Client Property: Clients retain full and exclusive ownership of their pre-existing trademarks, logos, property photographs, guest records, and website domain names.
• Agency Intellectual Property: Scale My Hotel retains all rights, title, and ownership in its pre-existing proprietary frameworks, benchmark datasets, computational calculators, website software code, blog content, and reusable workflow templates.
• Transferred Deliverables: Upon full and final settlement of all invoiced fees, client-specific deliverables created during the engagement (e.g., bespoke property copy, custom website design code, and tailored advertising creatives) become the intellectual property of the Client.

9. Third-Party Platform Dependencies & No Guarantee of Results

While Scale My Hotel applies rigorous, data-driven hospitality growth strategies:

• Scale My Hotel is an independent consultancy and does not own, control, or represent Google, Booking.com, MakeMyTrip, Agoda, Airbnb, Meta Platforms, Expedia, or TripAdvisor.
• We cannot guarantee specific organic search ranking positions, algorithm behaviors, ad auction impression shares, or visitor volumes, as these depend on proprietary third-party systems.
• We do not guarantee specific occupancy rates, RevPAR numbers, or gross revenue increases. Final hospitality outcomes depend heavily on property condition, seasonal market demand, competitor pricing adjustments, guest review trajectories, and on-site staff performance beyond our control.
• Scale My Hotel is not liable for account suspensions, verification roadblocks, or policy enforcement actions imposed by external platforms due to client operational non-compliance or pre-existing listing violations.

10. Confidentiality

Both Scale My Hotel and the Client agree to maintain the strict confidentiality of all proprietary and non-public business information exchanged during an engagement, including financial metrics, ADR figures, occupancy data, pricing models, and guest records. Neither party shall disclose confidential information to any third party without prior written consent, except where required by lawful subpoena, court order, or applicable statutory authority.

11. Limitation of Liability

To the maximum extent permitted by applicable law:

• Neither Scale My Hotel nor the Client shall be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of business profits, lost room revenues, loss of guest bookings, loss of commercial reputation, or anticipated cost savings, regardless of the cause of action.
• The total aggregate liability of Scale My Hotel arising out of or related to any engagement or use of this website, whether in contract, tort (including negligence), or otherwise, shall be strictly limited to the total consulting fees actually paid by the Client to Scale My Hotel under the specific affected Statement of Work during the three (3) calendar months immediately preceding the event giving rise to liability (or, in the case of a one-time fixed-price package or digital product, the total fee paid for that specific item).
• Nothing in these terms shall operate to exclude or limit liability for fraud, fraudulent misrepresentation, gross negligence, willful misconduct, or any other liability that cannot be excluded or limited under applicable law.

12. Personnel Protection & No Personal Recourse

All services provided by Scale My Hotel are delivered on behalf of the contracting commercial business entity (Omkar Adate / Scale My Hotel). The Client agrees that all contractual claims, disputes, or legal demands must be directed exclusively against Scale My Hotel. To the maximum extent permitted by law, the Client shall have no recourse against, nor bring any action personally against, any individual founder, employee, contractor, consultant, or representative of Scale My Hotel acting within the authorized scope of their engagement, except in cases of individual criminal fraud or willful intentional wrongdoing.

13. Client Indemnification

The Client agrees to indemnify, defend, and hold harmless Scale My Hotel from and against any third-party claims, liabilities, damages, and reasonable legal costs arising out of:

• Material inaccuracies, misrepresentations, or deceptive claims in property facts, room amenities, or pricing provided by the Client.
• Copyright, trademark, or privacy infringement resulting from images, logos, or content provided or approved by the Client.
• Failure of the Client to obtain and maintain mandatory municipal licenses, fire/safety certificates, or tourism permits for operating the accommodation.
• Physical guest injuries, property damage, or service failures occurring on the Client’s physical premises.

Scale My Hotel shall promptly notify the Client of any indemnified claim, allow the Client to control the defence (provided no settlement admitting liability is made without consent), and provide reasonable cooperation at the Client’s expense.

14. Suspension & Termination

Scale My Hotel reserves the right to suspend or terminate service delivery with immediate written notice if:

• The Client fails to pay any undisputed invoice within fourteen (14) calendar days of its due date;
• The Client engages in unlawful activities, abusive communications, or intentional misrepresentation; or
• A material breach of these terms or the applicable SOW remains uncured for ten (10) business days following written notice.

15. Force Majeure

Neither party shall be liable for delays or failure in performance resulting from events beyond their reasonable control, including natural disasters, regional infrastructure or power failures, internet backbone disruptions, third-party platform blackouts, civil unrest, government restrictions, or pandemics. Affected timelines shall be extended by the duration of the delay.

16. Governing Law & Dispute Resolution

These Terms of Service and any commercial contract or dispute arising out of them shall be governed by, and construed in accordance with, the substantive laws of India, without regard to principles of conflicts of law.

In the event of any dispute, claim, or disagreement, the parties agree to first engage in good-faith informal executive discussions for a period of thirty (30) business days following written notification. If the dispute cannot be amicably settled, the competent civil courts located in Thane District / Mumbai, Maharashtra, India shall have exclusive jurisdiction to adjudicate any legal proceeding.

17. Contact Information

For inquiries regarding contractual terms, service proposals, or licensing agreements:

• Email: hi@scalemyhotel.com (escalation: scalemyhotel@gmail.com)
• WhatsApp: +91 93214 24546
• Operating Address: Scale My Hotel, C-203, Violet I, Lodha Crown Taloja, Dombivli - 421204, Maharashtra, India