Welcome to Key Data (VRMarket Data, LLC, d/b/a Key Data, and referenced here as "Key Data," "we," "us," "our"). We’re happy you’re here and learning more about our business and our Data License Terms and Conditions (the "Terms"). We help customers ("Customer,” “User," or "you") better understand the performance of alternative accommodations markets and regions.
If you purchase or use the Key Data Services, you and Key Data, in consideration of the mutual promises contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, agree as follows:
“Authorized Internal Users” shall mean employees, officers, and directors of Customer or independent contractor accountants, attorneys, marketing professionals, research professionals, or other professional consultants or advisors of Customer who have been issued a User ID by Customer and have accepted the Terms.
“KD Data Set” shall mean the information, data, and reports compiled, analyzed, calculated, organized, and published by Key Data for a particular geographic area made available through the Key Data Services and licensed to Customer.
“Key Data Data” shall mean the information, data, and reports compiled, analyzed, calculated, organized, and published by Key Data made available through the Key Data Services. Key Data Data specifically includes, but is not limited to, the KD Data Set.
“Key Data Services” shall mean the services and software provided by Key Data for business intelligence, analytics, and benchmarking of key performance indicators and marketing data, including access to and use of Key Data’s website https://data.keydatadashboard.com/ and any other linked pages, features, content, or application services or mobile applications offered.
“Reporting Parties” shall mean lodging providers that provide raw reservation and guest data to Key Data for use in calculating, aggregating, and compiling the Key Data Data provided as part of Key Data Services.“Website” means www.keydatadashboard.com, and any other public website published by Key Data.
Representations of User - You have been granted access to the Key Data Services and KD Data Set by Customer pursuant to a Data License and Service Agreement executed between Customer and Key Data, and subject to your acceptance of these Terms. You represent and warrant that you qualify as an Authorized Internal User of Customer which means you are either an employee, officer, or director of Customer or an independent contractor accountant, attorney, marketing professional, research professional, or other professional consultant or advisor of Customer.
Restrictions on Use and Distributions - Except as specifically permitted in a Data License and Service Agreement executed between Customer and Key Data, the Key Data Services and Key Data Data may only be accessed, used, downloaded, manipulated, extracted, republished, or distributed for Customer’s internal business use by Authorized Internal Users. You are strictly prohibited from accessing, using, or distributing the Key Data Services or the Key Data Data for any other purpose or in any other manner.
Acknowledgment and Restriction on Downstream Use - Prior to using any Key Data Data in publications, advertising, or marketing efforts as specifically authorized in a Data License and Service Agreement executed between Customer and Key Data, you agree to provide Key Data with a copy of the proposed publication for approval by Key Data. Copies of all publications, whether they be electronic or hard copy, containing Key Data Data must be emailed to [email protected] Key Data and you further agree that Key Data has the right to amend or change the publication to the extent Key Data believes it is reasonably necessary to comply with the terms and conditions hereof.
If you republish any Key Data Data in any form, Key Data must be clearly and conspicuously identified as the source of such data by means of the following notation: SOURCE: COPYRIGHT KEY DATA, LLC (year). REPUBLICATION OR OTHER RE-USE OF THIS DATA WITHOUT THE EXPRESS WRITTEN PERMISSION OF KEY DATA IS STRICTLY PROHIBITED. The notation shall appear immediately below or in conjunction with all graphs, charts or tables derived from Key Data Data.
Protection of User ID - You will: (a) not allow anyone to use your User ID to access the Key Data System; (b) protect the confidentiality of your User ID and notify Key Data if the security or integrity of your User ID has been compromised; and (c) remain responsible for all obligations under this Agreement arising in connection with use of your User ID.
Termination and Revocation of Use – Your ability to access and use the Key Data Services and Key Data Data: (a) may be revoked at anytime by Customer; (b) will terminate simultaneously with termination of the Data License and Service Agreement executed between Customer and Key Data; and (c) may be immediately revoked by Key Data if you, Customer, or any other Authorized Internal User of Customer violates the terms of this Agreement.
Confidential Information - “Confidential Information” means: (i) information of or relating to Customer or Key Data, that is competitively sensitive material not generally known to the public, including without limitation, information that relates to past, present or future research and development, trade secrets, products and services, pricing, marketing, financial matters, or business affairs, systems, networks, computer equipment and software proprietary to or licensed by a party, including without limitation, object or source code, custom software modifications, software documentation and training aids, and all data, code, techniques, algorithms, methods, logic, architecture, and designs embodied or incorporated therein; (ii) the Key Data Services and Key Data Data; and (iii) the terms and content of this Agreement, including without limitation, pricing. Confidential Information shall not be disclosed to any third parties unless expressly permitted in this Agreement or by written consent of the non-disclosing party. Neither party obtains title to or an ownership interest in the other party’s Confidential Information. Confidential Information shall be confidential, irrespective of whether it is expressly designated as confidential. Each party will use the same means to protect Confidential Information as it uses to protect its own confidential information, but in any event no less than reasonable means.
Nothing stated in this Agreement will prevent either party from disclosing the other party’s Confidential Information which is: (i) already known by the recipient party without violating an obligation of confidentiality; (ii) publicly known or becomes publicly known through no unauthorized act of the recipient party; (iii) received from a third party not subject to an obligation of confidentiality; (iv) independently developed; (v) approved in writing by the other party for disclosure; or (vi) required to be disclosed pursuant to a requirement of a governmental agency or law so long as the party being compelled to disclose notifies the other party within a time period reasonable enough to allow the other Party an opportunity to object to the disclosure. These confidentiality provisions set forth in this agreement shall survive termination of this Agreement.
Ownership, Copyright, and Trademark Notices - You agree and acknowledge the Key Data Services, Key Data Data, Website, text, images, marks, logos and other content contained therein, including, without limitation, the "look and feel" of the Key Data Services (e.g., text, graphics, images, logos and compilation of the same), and all designs, text, graphics, pictures, information, data, software, other files, and the selection and arrangement thereof (collectively, the "Content") is the proprietary property of Key Data or its licensors and are protected by U.S. and international intellectual property, copyright, trademark and other laws. You have no rights in the Content other than those rights expressly enumerated in the Agreement. All rights to the Content not expressly enumerated herein are reserved to Key Data. You acknowledge and agree that Key Data and/or its licensors own all right, title and interest in and to the Content (including without limitation any and all patent, copyright, trade secret, trademark, show-how, know-how and any other intellectual property rights therein or related thereto) and you agree not to take any action inconsistent with such ownership interests. All Content is: © 2019 Key Data, LLC. All rights reserved. KEY DATA and the Key Data logo and all other product names or slogans displayed are registered and/or common law trademarks of Key Data and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Key Data or the applicable trademark holder. In addition, the look and feel of the Key Data Services, including all page headers, custom graphics, button icons and scripts, is the Key Data Services mark, trademark and/or trade dress of Key Data and may not be copied, imitated or used, in whole or in part, without the prior written permission of Key Data. Reference to any products, Key Data Services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship or recommendation thereof by Key Data.
Except as specifically permitted in writing by Key Data, you will not, in whole or in part, (a) copy the Content; (b) modify, adapt, translate, reverse engineer, make alterations, decompile, disassemble or make derivative works based on the Content except as otherwise permitted by law; (c) rent, loan, sub-license, lease, distribute or attempt to grant any rights to the Key Data Services or Key Data Data to third parties; or (d) permit access to the Key Data Services or Key Data Data to anyone other than Authorized Internal Users.
Feedback - To the extent Key Data receives from you any suggestions, ideas, improvements, modifications, feedback, error identifications or other information related to the Key Data Services or any other service or product (“Feedback”), Key Data is the owner of such Feedback and may use, disclose and exploit it without restriction, including to improve the Key Data Services and to develop, market, offer, sell and provide other products and services.
DISCLAIMER OF WARRANTIES. You acknowledge the Key Data Data is generated from information received from Reporting Parties and/or via an API from their software providers. Key Data uses its best efforts to insure the information provided to you, including the aggregated data therein, is accurate and complete. However, Key Data does not have control over and takes no responsibility for the accuracy and validity of the “raw” data provided by Reporting Parties. You also acknowledge the Key Data Services may be temporarily unavailable from time to time due to required maintenance, telecommunications interruptions, data hosting interruptions, or other disruptions. THE KEY DATA SERVICES AND KEY DATA DATA ARE PROVIDED TO YOU “AS IS” WITHOUT ANY WARRANTY. ALL WARRANTIES ARE DISCLAIMED EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES AS TO PERFORMANCE, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR RESULT, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY FOR THE SELECTION OF THE SERVICES TO ACHIEVE YOUR INTENDED RESULTS AND FOR YOUR USE OF THE RESULTS OBTAINED FROM THE SERVICES OR DATA. KEY DATA DOES NOT WARRANT THE SERVICES OR DATA WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED OR ERROR FREE.
DISCLAMER AND LIMITATION OF LIABILITY. IN NO EVENT WILL KEY DATA BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES UNDER THIS AGREEMENT OR IN CONNECTION WITH ANY SERVICES OR DATA PROVIDED BY KEY DATA HEREUNDER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES OR DATA. THE TOTAL LIABILITY, IF ANY, OF KEY DATA IN THE AGGREGATE OVER THE TERM OF THIS AGREEMENT FOR ALL CLAIMS, CAUSES OF ACTION OR LIABILITY WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE ARISING UNDER OR IN ANY WAY RELATED TO THIS AGREEMENT AND/OR THE SERVICES AND DATA PROVIDED HEREUNDER, SHALL BE LIMITED TO THE LESSER OF: (A) CUSTOMER’S DIRECT DAMAGES, ACTUALLY INCURRED, OR (B) THE TOTAL FEES PAID BY CUSTOMER TO KEY DATA IN THE MOST RECENT TWELVE (12) MONTH PERIOD.
Customer hereby grants to Key Data, during the term of the Data License and Service Agreement executed between Customer and Key Data, a non-exclusive license to use and display Customer’s name, logo and other trademarks (“Customer Trademarks”) designated by Customer on the Key Data Services user interface, and otherwise for the purposes of performing its obligations under this Agreement. Customer also authorizes Key Data to use and display Customer Trademarks in marketing and on the Website to identify Customer as a customer and user of the Key Data Services. Key Data will use such Customer Trademarks in accordance with Customer’s then-current trademark usage guidelines, if any, provided by Customer to Key Data from time to time during the term of this Agreement. Subject to the foregoing license, Customer will retain all intellectual property and other rights that it may have in the Customer Trademarks.
"Taxes" means all taxes, levies, imposts, duties, fines or similar governmental assessments imposed by any jurisdiction, country or any subdivision or authority thereof including, but not limited to federal, state or local sales, VAT, GST, use, property, excise, servive, transaction, privilege, occupation, gross receipts or similar taxes, in any way connected with this Agreement or agreement required hereunder, and all interest, penalties or similar liabilities with respect thereto, except such taxes imposed on or measured by a party’s net income. All prices, fees and other charges payable under this Agreement or agreement ancillary to or referenced by this Agreement, shall not include any Taxes. You agree to bear and be responsible for all such Taxes. You shall make all payments required without deduction of any Taxes, except as required by law, in which case the amount payable shall be increased as necessary so that after making any required deductions and withholdings, Key Data receives and retains (free from any liability for payment of Taxes) an amount equal to the amount it would have received had no such deductions or withholdings been made. If you are a tax-exempt entity or claim exemption from any Taxes under this Agreement, you shall provide a certificate of exemption upon execution of this Agreement and, after receipt of valid evidence of exemption, Key Data shall not charge you any Taxes from which it is exempt. Without limiting the foregoing, all references to payments made in this Agreement are exclusive of any VAT, GST or other consumption taxes (collectively, "VAT") chargeable and where required by law, VAT shall be itemized at the rate applicable, if any, and paid in addition thereto. You shall communicate to Key Data your VAT identification number(s) attributed by (i) the country where you have established your business, and/or (ii) any other country where you have established a fixed establishment, to which the Key Data Services under this Agreement are provided. Key Data shall consider the Key Data Services under this Agreement to be for your business use and provided to the location(s) of you in accordance with the provided VAT identification number(s). You shall comply with all applicable tax laws and regulations, and you shall provide Key Data all necessary assistance to facilitate the recovery or refund of any VAT paid by Key Data in relation to the Key Data Services to the respective government or authority. You hereby agree to indemnify Key Data for any Taxes and related costs paid or payable by Key Data attributable to Taxes that would have been your responsibility under this section if invoiced to you. You shall promptly pay or reimburse Key Data for all costs and damages related to any liability incurred by Key Data as a result of your non-compliance or delay with its responsibilities herein. Your obligation under this section shall survive the termination or expiration of this Agreement.
Seasonal Display Rates
Availability (Non-Available Dates)
Street Address 2
Map Zoom Level
Reservation Stay Type (example: Guest, Owner, Guest of Owner, Maintenance, and Hold)
Reservation Guest Type: (example: first time, repeat, group, wholesale, etc.)
Is a Previous Guest
Res Rent Total
Res Extras Total
Res Tax Total
Res Paid Total
Check Out Date
Nights In Stay
The Key Data Services is operated by a United States entity and this Agreement’s validity, construction, and interpretation is governed by the laws of the State of Florida, excluding its principles of conflicts of laws. Your use of the Key Data Services may also be subject to other local, state, national, or international laws. The United States District Court for the Northern District of Florida, Pensacola Division, and the County and Circuit Courts in and for Walton County, Florida shall have exclusive jurisdiction and be the exclusive venue for any dispute arising out of this Agreement or the course of conduct between the parties. The parties hereby submit to the personal jurisdiction of these Courts. If any legal proceeding is commenced to interpret or enforce this Agreement, the prevailing party therein shall be entitled to an award of reasonable attorneys’ fees and costs, including the fees and costs expended in determining entitlement to and the amount of such fees and costs. BY ENTERING INTO THIS AGREEMENT, THE PARTIES KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO A JURY TRIAL AS TO ANY CLAIMS A PARTY MAY CLAIM TO HAVE AGAINST THE OTHER WHICH ARISES OUT OF THIS AGREEMENT OR THE COURSE OF DEALINGS BETWEEN THE PARTIES. Use of the Key Data Services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
You agree that no joint venture, partnership, or employment relationship exists between you and Key Data because of this Agreement or use of the Key Data Services.
Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of the Key Data Services or information provided to or gathered by us with respect to such use.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and this Agreement shall continue in effect.
This Agreement constitutes the entire agreement between you and Key Data with respect to the Key Data Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Key Data with respect to the Key Data Services. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
All notices in connection with this Agreement shall be in writing and deemed given when delivered via email to [email protected] for Key Data and the email linked to your Authorized Internal User account, or the next business day after deposit for overnight delivery with a nationally recognized overnight carrier, or three (3) business days after being sent by certified U.S. mail, postage prepaid, return receipt requested, and addressed to the address below for Key Data and the address on file, if any, in your Authorized Internal User account.
No waiver of any breach of this Agreement will be deemed to constitute a waiver of any subsequent breach of the same or any other provision.
If any provision of these Terms directly conflicts with any provision of the Data License and Service Agreement executed between Customer and Key Data, then the Data License and Service Agreement shall control.
You may contact us regarding the Key Data Services or this Agreement at: Key Data, P.O Box 1652 Santa Rosa Beach, FL 32459 or by email to: [email protected]
Effective Date of Current Terms: January 19, 2023