Effective Date: August 1, 2026

These Terms of Use explain the additional contractual terms between the entity accessing the CREWFARE® BACKSTAGE® platform (“Client,” “you,” or “your”) and Crewfare, Inc, a Delaware corporation (“Crewfare,” “us,” “our,” or “we”) regarding Client’s use of and access to the CREWFARE® BACKSTAGE® platform and the services we provide in connection with it (the “BACKSTAGE Terms”).

BY ACCESSING OR USING THE BACKSTAGE PLATFORM, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE THE AUTHORITY TO ENTER INTO THESE BACKSTAGE TERMS ON BEHALF OF CLIENT AND TO BIND CLIENT TO THE TERMS HEREIN.

1. ABOUT THE BACKSTAGE TERMS

• 1.1 The BACKSTAGE Terms are in addition to, and incorporate by reference, Crewfare’s Site Terms at crewfare.com/terms, and the Crewfare Data Processing Addendum at crewfare.com/dpa. Capitalized terms not defined here have the meaning given in the Site Terms.
• 1.2 Order of precedence. In the event of a conflict, the following order controls: (i) any separate written master services agreement, statement of work, or order form executed between Crewfare and Client; (ii) these BACKSTAGE Terms; (iii) the Site Terms. Notwithstanding Section 2 of the Site Terms, these BACKSTAGE Terms control over the Site Terms with respect to Client’s access to and use of the BACKSTAGE Platform.
• 1.3 Commercial use. Notwithstanding any limitation in the Site Terms restricting use to personal or non-commercial purposes, Client is granted the right to use the BACKSTAGE Platform for its internal business purposes in accordance with these BACKSTAGE Terms.

2. GRANT OF LICENSE

Crewfare grants Client a non-exclusive, limited, revocable, non-transferable, non-sublicensable license to use the BACKSTAGE Platform for the term of Client’s subscription or engagement and pursuant to the terms and conditions herein. Crewfare reserves all rights not expressly granted.

“BACKSTAGE Platform” means the Crewfare BACKSTAGE software-as-a-service platform and all associated features, modules, interfaces, subdomains, and successor or ancillary sites through which Crewfare makes such features available, including the Digital Rooming List, regardless of the domain or URL at which any such feature is accessed.

3. SERVICES

• 3.1 The BACKSTAGE Platform allows Client to manage internal and organizational travel, including reservations for staff, vendors, artists, production crew, and guests; to allocate and manage room blocks; to submit and manage reservation records; and to access reporting on such reservations.
• 3.2 Crewfare will be responsible for: (i) hosting, operating, and maintaining the BACKSTAGE Platform; (ii) making available and implementing upgrades and enhancements; and (iii) providing customary technical support. Crewfare is not responsible or liable for information provided by Client or by any Hotel within the BACKSTAGE Platform, including room rates, room guarantees, and contractual terms.
• 3.3 Where Crewfare acts as travel agency of record or merchant of record for a given booking, Crewfare’s obligations with respect to that booking are as set forth in the applicable order form, statement of work, or reservation confirmation.

4. DIGITAL ROOMING LIST

• 4.1 Description. The BACKSTAGE Platform includes a Digital Rooming List feature (the “DRL,” accessible at drl.crewfare.com and through the BACKSTAGE Platform interface) which allows Client to submit, upload, modify, and finalize rooming lists; to transmit guest and reservation information and payment method information to accommodation providers (“Hotels”); to review, approve, or reject Hotel-initiated changes and cancellations; and to receive confirmation numbers and status updates from Hotels.
• 4.2 Crewfare’s role. Except where Crewfare is expressly identified as the merchant of record or travel agency of record for a given booking, Crewfare’s role with respect to the DRL is limited to transmitting, displaying, and recording information submitted by Client and by Hotels. Crewfare does not verify, confirm, guarantee, or assume responsibility for: the accuracy of rooming list data; a Hotel’s acceptance or implementation of any rooming list; the honoring of any reservation; the accuracy of any confirmation number entered by a Hotel; or compliance with any cut-off date, attrition provision, release date, or cancellation deadline set forth in Client’s agreement with a Hotel.
• 4.3 Status is not confirmation. Statuses displayed within the DRL — including “Confirmed,” “Pending Change,” “Pending Cancellation,” and “Finalized” — reflect the state of records within the BACKSTAGE Platform only, and do not constitute a confirmation, guarantee, or representation by Crewfare that any Hotel has accepted, entered, or will honor any reservation. The Hotel’s own reservation system is controlling. Client is solely responsible for reconciling the DRL against the Hotel’s records prior to guest arrival.
• 4.4 Client notes. The DRL permits Client to transmit free-text notes to Hotels. Crewfare does not review, verify, or moderate such notes, and Client is solely responsible for their content and for ensuring they do not contain information Client is not authorized to disclose.

5. CLIENT DATA

• 5.1 Definition and ownership. “Client Data” means all data submitted by or on behalf of Client to the BACKSTAGE Platform, including guest names, roommate assignments, arrival and departure dates, room preferences, special requests, additional information fields, guest contact information, and payment method information. As between the Parties, Client owns all right, title, and interest in Client Data.
• 5.2 License to Crewfare. Client grants Crewfare a non-exclusive, worldwide, royalty-free license to host, store, process, transmit, display, and disclose Client Data to Hotels and to Crewfare’s subprocessors, solely as necessary to provide the BACKSTAGE Platform and the DRL.
• 5.3 Client representations. Client represents and warrants that it has obtained all consents, provided all notices, and holds all rights necessary to (i) submit Client Data to the BACKSTAGE Platform, (ii) authorize its disclosure to Hotels and to Crewfare’s subprocessors, and (iii) authorize the charges contemplated by Client’s agreement with each applicable Hotel. Where Client submits data relating to individuals other than its own personnel — including event staff, artists, production crew, vendors, or attendees — Client is responsible for the lawful basis for that processing.
• 5.4 Data protection. Crewfare’s processing of personal data within Client Data is governed by the Crewfare Data Processing Addendum available at https://crewfare.com/dpa, which is incorporated into these BACKSTAGE Terms by reference.
• 5.5 Export, retention, and deletion. Client may export Client Data through the BACKSTAGE Platform at any time prior to termination. For thirty (30) days following termination, Crewfare will make Client Data available for export upon Client’s written request. Thereafter Crewfare will delete or de-identify Client Data in accordance with the DPA, except for records Crewfare is required to retain by law and records existing in routine backups, which will be deleted on Crewfare’s ordinary backup cycle.
• 5.6 Third-party submitters. Client may authorize third parties — including its own agencies, production partners, and vendors — to access the BACKSTAGE Platform and submit reservation records and rooming lists on Client’s behalf. Each such third party is an Authorized User for purposes of these BACKSTAGE Terms. Client is responsible and liable for all acts and omissions of its Authorized Users, including their submission of Client Data, and Client’s representations and warranties in this Section 5 extend to all Client Data submitted by such Authorized Users.

6. PAYMENT METHOD DATA

• 6.1 Vaulting. Where Client elects to transmit payment method information through the DRL for charges to be collected by a Hotel, such information is stored in tokenized form with a PCI DSS-validated third-party vault provider. Crewfare systems do not transmit, process, or store primary account numbers; card data is rendered directly from the vault provider into vault-hosted elements within the authorized Hotel user’s browser. Card verification values and cardholder names are not made available through the DRL. Disclosure occurs only through the DRL’s controlled reveal function, which requires per-use re-authentication via a single-use code, is scoped to the applicable Hotel’s own properties, is rate-limited, expires seven (7) days following the applicable event, and is logged. Payment method information is not revealable through any Crewfare product other than the DRL.
• 6.2 Purge. Payment method information is purged from the vault thirty (30) days following the later of guest checkout or the applicable event end date, or upon termination of these BACKSTAGE Terms, whichever is earlier.
• 6.3 Client representations. Client represents and warrants that it is authorized to provide such payment method information to the applicable Hotel and to authorize the charges contemplated by Client’s agreement with that Hotel, and that it has provided any notice and obtained any consent required by applicable law from the cardholder.
• 6.4 Guest-provided cards. Where the payment method is provided by an individual guest rather than by Client, Client represents and warrants that: (i) it has disclosed to the guest, at or before collection, that the card information will be made available to the accommodation provider for charges incurred in connection with the stay; (ii) it has obtained any consent required by applicable law for that disclosure; and (iii) it has not represented to the guest that Crewfare or Client will process, guarantee, or limit any charge made by the accommodation provider. Client shall ensure that such disclosure appears in the booking flow through which the card is collected.
• 6.5 Pay-at-Hotel bookings. Where a booking is designated as payable at the accommodation provider, Client acknowledges that: (i) the guest’s payment card information is collected through Client’s booking site and transmitted to a PCI DSS-validated vault; (ii) Crewfare does not process, settle, or guarantee any charge made by the accommodation provider against that card; (iii) the accommodation provider determines the amounts it charges in accordance with its agreement with Client and its own policies; and (iv) Client is responsible for the accuracy and adequacy of the disclosure made to guests at the point of collection, including disclosure that the guest’s card information will be made available to the accommodation provider.
• 6.6 Crewfare’s role. Crewfare does not authorize, capture, settle, or process any charge made by a Hotel against a payment method transmitted through the DRL, is not a party to any such charge, and has no responsibility for any disputed, declined, duplicate, fraudulent, or unauthorized charge.
• 6.7 Post-disclosure. Client acknowledges that once payment method information is disclosed to a Hotel through the DRL, the Hotel is independently responsible for its handling of that information under the Crewfare Hotel Portal Terms of Use and applicable PCI DSS requirements, and Crewfare disclaims all liability for a Hotel’s use, storage, retention, or disclosure of it.
• 6.8 Compliance. Each Party shall maintain compliance with PCI DSS as applicable to its respective role.

7. ACCOUNT AND AUTHORIZED USERS

• 7.1 Client and each Authorized User will access the BACKSTAGE Platform through credentialed accounts. Client is responsible and liable for all uses of the BACKSTAGE Platform resulting from access by Client or any Authorized User, whether permitted by or in violation of these BACKSTAGE Terms.
• 7.2 Client shall take all commercially reasonable steps to prevent unauthorized use or disclosure of credentials, and shall immediately notify Crewfare upon discovery of any unauthorized access.
• 7.3 Client shall promptly deactivate or request deactivation of accounts for personnel who no longer require access, and acknowledges that failure to do so may result in unauthorized access to guest information and payment method information.

8. RESTRICTIONS

Client and its Authorized Users shall not: (i) reverse engineer or attempt to discover source code or underlying algorithms of the BACKSTAGE Platform, or replicate its functionality; (ii) license or share the BACKSTAGE Platform with any third party other than Authorized Users; (iii) use data mining, robots, or similar extraction methods to scrape data from the BACKSTAGE Platform, provided this does not restrict Client from exporting Client Data through functionality Crewfare makes available for that purpose; (iv) remove, circumvent, disable, or interfere with security features; (v) link to or mirror any portion of the BACKSTAGE Platform; (vi) develop or use applications that interact with the BACKSTAGE Platform other than those expressly provided by Crewfare; (vii) send unsolicited or bulk commercial communications or offensive content; or (viii) unduly burden or interfere with the functionality of the BACKSTAGE Platform.

9. INTELLECTUAL PROPERTY

Crewfare retains all right, title, and interest in and to all intellectual property regarding the BACKSTAGE Platform, including all copyrights, trademarks, designs, trade secrets, patent rights, proprietary information, software code, algorithms, user interfaces, and technology owned or developed by or for Crewfare, and all upgrades, enhancements, modifications, and derivative works, including results and insights in de-identified and aggregated form derived from Client’s use of the BACKSTAGE Platform (collectively, “Crewfare IP”). Crewfare IP excludes Client Data and any content provided by Client or by any Hotel.

10. TERM AND TERMINATION

• 10.1 These BACKSTAGE Terms remain in effect for the duration of Client’s access to the BACKSTAGE Platform, or as set forth in an applicable order form or statement of work.
• 10.2 Upon termination, Crewfare shall deactivate Client’s accounts and the license granted herein shall cease. Client may export Client Data through the BACKSTAGE Platform at any time prior to termination, and for thirty (30) days following termination upon written request. Thereafter Crewfare will delete or de-identify Client Data in accordance with the DPA, except for records required to be retained by law and records in routine backups. Payment method information is purged upon termination.
• 10.3 Termination does not terminate or modify any reservation or agreement Client has entered into with a Hotel.

11. DISCLAIMER OF WARRANTIES

THE BACKSTAGE PLATFORM IS MADE AVAILABLE ON AN “AS IS” BASIS. CREWFARE EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND DOES NOT WARRANT THAT THE BACKSTAGE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE. CREWFARE DISCLAIMS AND WILL INCUR NO LIABILITY FOR: (i) ANY LOSS OF INFORMATION ENTERED BY CLIENT OR AN AUTHORIZED USER; (ii) ANY AGREEMENT CLIENT ENTERS INTO WITH A HOTEL THROUGH OR AS A RESULT OF USING THE BACKSTAGE PLATFORM; (iii) CONTENT PROVIDED BY OR ON BEHALF OF CLIENT OR A HOTEL; (iv) THE ACCURACY OF ANY FINANCIAL OR INVENTORY PROJECTIONS; (v) ANY CONDUCT OF A HOTEL; (vi) ANY FAILURE, DELAY, OR ERROR IN THE TRANSMISSION OF A ROOMING LIST OR ANY CHANGE THERETO; (vii) ANY HOTEL’S FAILURE TO HONOR, IMPLEMENT, OR ACT UPON A ROOMING LIST; (viii) ANY INACCURACY IN A CONFIRMATION NUMBER OR OTHER INFORMATION ENTERED BY A HOTEL; (ix) ANY MISSED CUT-OFF DATE, RELEASE DATE, ATTRITION CHARGE, CANCELLATION PENALTY, OR NO-SHOW CHARGE; (x) ANY RELOCATION OF OR DENIAL OF ACCOMMODATION TO A GUEST; OR (xi) ANY CHARGE MADE BY A HOTEL TO A PAYMENT METHOD TRANSMITTED THROUGH THE DRL.

12. LIMITATION OF LIABILITY

• 12.1 NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF BUSINESS, PROFITS, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS SECTION DOES NOT LIMIT CLIENT’S INDEMNIFICATION OBLIGATIONS.
• 12.2 IN NO EVENT WILL CREWFARE’S AGGREGATE LIABILITY RELATING TO THESE BACKSTAGE TERMS EXCEED THE GREATER OF (A) THE TOTAL AMOUNT OF FEES PAID BY CLIENT TO CREWFARE FOR THE BACKSTAGE PLATFORM IN THE TWELVE (12) MONTHS DIRECTLY PRECEDING WHEN THE CLAIM ACCRUED, OR (B) TEN THOUSAND DOLLARS ($10,000).
• 12.3 Site Terms cap disapplied. The limitation of liability in Section 16 of the Site Terms does not apply to Client’s use of the BACKSTAGE Platform; this Section 12 applies in its place.

13. INDEMNIFICATION

Client agrees to indemnify, defend, and hold harmless Crewfare and its owners, managers, members, partners, officers, directors, employees, agents, parents, subsidiaries, affiliates, representatives, consultants, successors, and assigns from and against any suits, demands, claims, causes of action, losses, damages, costs, judgments, liabilities, and expenses (including reasonable attorneys’ fees and court costs) arising out of or relating to: (i) Client’s or any Authorized User’s gross negligence or willful misconduct; (ii) breach of these BACKSTAGE Terms by Client or any Authorized User; (iii) violation of any law or infringement of any party’s rights by Client or any Authorized User; (iv) any claim by a Hotel or third party arising from Client’s or any Authorized User’s use of the BACKSTAGE Platform; or (v) any claim by a guest, Hotel, or regulatory authority arising from Client Data, including any claim that Client lacked the authority or consent necessary to submit or disclose guest information or payment method information through the BACKSTAGE Platform.

14. GOVERNING LAW AND DISPUTES

• 14.1 These BACKSTAGE Terms are governed by the laws of the State of Florida without giving effect to conflict of laws principles. The Parties irrevocably consent to the exclusive jurisdiction of the courts of Broward County, Florida, or the United States District Court for the Southern District of Florida.
• 14.2 Arbitration. Except with respect to equitable remedies, disputes related to ownership and protection of Crewfare IP, or disputes involving a third party, any dispute arising under or relating to these BACKSTAGE Terms shall be settled by binding arbitration in Broward County, Florida, in accordance with the JAMS Comprehensive Arbitration Rules and Procedures, with judgment upon the award entered in a court of competent jurisdiction. The Party filing a claim or counterclaim shall pay the deposit determined by JAMS with respect to such claim. All other JAMS costs shall be paid as determined by the arbitrator and, absent such determination, equally by each Party. Each Party bears its own attorneys’ fees unless the arbitrator awards otherwise. The arbitrator shall apply Florida substantive law.
  • 14.3 THE ARBITRATOR SHALL NOT BE AUTHORIZED TO AWARD INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, OR OTHER SIMILAR DAMAGES.
  • 14.4 EACH PARTY IRREVOCABLY WAIVES ALL RIGHTS TO TRIAL BY JURY IN ANY ACTION RELATING TO THESE BACKSTAGE TERMS.
• 14.5 Consumer arbitration disapplied. The arbitration provisions in Section 19 of the Site Terms, including the application of the AAA Consumer Arbitration Rules and the class action waiver applicable to individual consumers, do not apply to Client’s use of the BACKSTAGE Platform; this Section 14 applies in its place.

15. AMENDMENT

Crewfare may amend these BACKSTAGE Terms by providing written notice to Client via email to Client’s email address of record or by posting on the BACKSTAGE Platform. If Client does not agree with amended terms, Client may terminate. Where an amendment materially expands Client’s obligations with respect to Client Data or Payment Method Data, Crewfare will require Client’s affirmative acceptance upon next login.

16. MISCELLANEOUS

• 16.1 Entire agreement. These BACKSTAGE Terms, together with the Site Terms, the DPA, and any executed order form, statement of work, or master services agreement, constitute the entire agreement between the Parties with respect to the BACKSTAGE Platform.
• 16.2 Independent contractors. Nothing herein makes either Party a representative, employee, fiduciary, or agent of the other, and this does not constitute a joint venture or fiduciary relationship.
• 16.3 Force majeure. Crewfare shall not be responsible or liable for failure or delay of performance if caused by: an act of war, hostility, or sabotage; act of god; epidemic; pandemic; government restrictions; natural disaster; or other event outside the reasonable control of Crewfare.
• 16.4 Waiver. No delay or failure by either Party in exercising or enforcing any of its rights or remedies hereunder, in whole or in part, and no course of dealing or performance with respect thereto, shall constitute a waiver thereof in any other instance.
• 16.5 Severability. If any clause or provision of these BACKSTAGE Terms is illegal or unenforceable under present or future laws, then such clause or provision shall be deemed separable and shall not affect the validity of any other provision.
• 16.6 Notices. Any notices shall be in writing and shall be sent to a Party at its address of record, either by certified mail, return receipt requested, by trackable overnight courier or delivery service, or by e-mail with delivery confirmation, and shall be deemed given when received.

If to Crewfare:

Crewfare, Inc
2678 Edgewater Court
Weston, Florida 33332
Attn: Jason Van Esso
jason@crewfare.com

• 16.7 Assignment. These BACKSTAGE Terms shall be binding on and inure to the benefit of the Parties. These BACKSTAGE Terms are personal to Client and may not be assigned by Client without Crewfare’s prior written consent, except to an affiliate or to a successor in connection with a merger, acquisition, or sale of all or substantially all of Client’s assets.

17. SURVIVAL

Sections 5, 6, 9, 11, 12, 13, 14, and 16 survive termination.