Digital Key Terms of Use

1. LICENSE. Subject to these Terms and to Guest's compliance with these Terms, Company hereby grants to Guest a limited, personal, revocable, non-exclusive, non-assignable, non-sublicensable, and non-transferable license to download, display, and use the Digital Key as permitted in these Terms. The Digital Key License allows installation and usage of the Digital Key on one (1) or more personal mobile device (e.g., a mobile phone and a tablet) owned and controlled by the Guest. The Digital Key License is strictly for personal use and prohibits account sharing or any other unauthorized distribution of access except as set forth in these Terms (the "Digital Key License").

The Digital Key is only to be used to unlock the door(s) to which the Company has authorized Guest to access. The Company reserves the right to withdraw or alter the Digital Key License, in the Company's sole discretion, at any time and without notice. If this affects the Guest 's ability to access their room, the Guest must visit the Hotel 's front desk for assistance.

In connection with the Digital Key License and Guest 's use of the Digital Key, Guest consents to receive in-App messages, information, and notices from the Company, including but not limited to those related to the use of the Digital Key (e.g., notice of Digital Key activation, activation error, need to enable Bluetooth, instructions on using the Digital Key, etc.).

2. ELIGIBILITY. Guest represents that Guest meets the Company's eligibility requirements for Digital Key access as follows: a) Guest is at least twenty-one (21) years of age; b) Guest has presented a valid, government-issued photo identification to an authorized Company employee at the Hotel's front desk or other location, or for Primary Guests, as directed during the mobile check-in process, or for Secondary Guests, as directed during the acceptance of a shared Digital Key through the mobile app, as determined in the sole discretion of Company; c) Primary Guest has a valid room reservation at a Hotel offering the Digital Key during the time period in which that Primary Guest (or his/her Secondary Guest, if applicable) has Digital Key access; d) Guest has downloaded the App and Primary Guest checked-into the room associated with such reservation via the App and activated the Digital Key as instructed; and e) Guest is an authorized user (e.g., owner) of the personal mobile device that is associated with his/her Digital Key.

3. DIGITAL KEY ACCESS. The Digital Key may only be used on personal mobile devices and operating systems as determined by the Company, in the Company's sole discretion ("Device"). A Guest may activate the Digital Key on one (1) or more personal Device (e.g., a mobile phone and a tablet) owned and controlled by the Guest, provided that such Device(s) containing the Digital Key is not shared with or used by another person. A Primary Guest may give a Secondary Guest access to a Digital Key in connection with the Primary Guest's room whereby such Secondary Guest will have a Digital Key on such Secondary Guest's own Device(s).  To initiate such access, Primary Guest will follow the directions in the mobile app or take other steps as directed by Company, and then the Secondary Guest will follow the presented instructions in the mobile app to obtain and activate the Digital Key. A Digital Key may only be used by persons who are either the Primary Guest or his/her Secondary Guest (i.e., no person other than a Guest may use the Digital Key) to access the room assigned by the Hotel.

The Company may limit Guest 's access to some or all features of the Digital Key for any reason, in the Company 's sole discretion, at any time and without notice. To download and access the Digital Key, the Guest must ensure that Guest's Device(s) is/are Digital Key compatible by installing and/or updating required software, enabling necessary settings (such as Bluetooth), and confirming adequate network connectivity.

To open a room door, the Digital Key must be activated on Guest's Device, the App must be launched, and Bluetooth must be on. Internet connectivity is not required. All use of the Digital Key is subject to the data rates of the applicable Device 's wireless service provider. Guests may contact Hotel staff for assistance in deactivating the Digital Key from any Device at any time, subject to requirements in Section 12.

4. PROHIBITED ACTIVITIES. As a condition of Digital Key use, Guest agrees not to use the Digital Key for any purpose that is unlawful or prohibited by these Terms. Furthermore, Guest shall not, and shall not attempt to:

a. Modify, redistribute, publish, decompile, reverse engineer, disassemble, transfer, copy, translate, sell, assign, distribute, lease, sublicense, create any derivative works of or reproduce any code relating to the Digital Key;
b. Interfere with Digital Key security measures;
c. Access any unauthorized room or area using the Digital Key;
d. Use the Digital Key for any commercial purpose;
e. Use the Digital Key in a manner prohibited by applicable laws, rules, regulations, orders, decrees, and ordinances;
f. Develop or use a third-party application that interacts or interferes with the Digital Key;
g. Permit a third party to access or use the Digital Key, except as authorized for Secondary Guests designated by the Primary Guest under these Terms;
h. Encourage or promote any activity that breaches these Terms; or
i. Upload or transmit files or software that may damage the Digital Key, including viruses or any other code designed to inflict destruction.
The Primary Guest will be liable for any claims, damages, costs, expenses, losses, fines, and penalties (including, but not limited to, reasonable attorney's fees) (collectively, "Damages") and injuries arising out of or in connection with the commission of any of the foregoing prohibited activities by such Primary Guest, and the Primary Guest and each of his/her Secondary Guests will be jointly and severally liable for any Damages and injuries arising out of or in connection with the commission of any of the foregoing prohibited activities by such Secondary Guest. Guest will notify the Company and Hotel promptly upon becoming aware of the commission of any such prohibited activities by any person and will provide reasonable assistance with any investigations the Company and/or Hotel may conduct as a result.

5. GUEST OBLIGATIONS. Each Guest is responsible for safekeeping each of his/her Digital Key connected Devices and shall not permit any other person to access or use the Digital Key on such Guest's Device(s) or otherwise provide access or use of a Digital Key on another's device(s), except through the procedure of the Primary Guest authorizing one (1) or more Secondary Guests as set forth within these Terms.

The Primary Guest will be liable for any Damages or injuries arising out of or in connection with any other person's access to or use of the Digital Key on such Primary Guest's Device(s) or associated with access to such Primary Guest's room.  The Primary Guest and each of his/her Secondary Guests will be jointly and severally liable for any Damages or injuries arising out of or in connection with any other person's access to or use of the Digital Key on such Secondary Guest's Device(s) or otherwise shared by such Secondary Guest.

In the event a Guest's Digital Key connected Device is lost, stolen, accessed by an unauthorized third party, or otherwise compromised, the Guest agrees to immediately notify the Hotel and comply with all Hotel instructions to ensure that the Digital Key is promptly deactivated.

6. PRIVACY POLICY. Any personal information supplied to or obtained or collected by Company, or on its behalf, in connection with Guest's use of the Digital Key will be maintained, used and shared by Company in accordance with its Privacy Policy, available at www.mgmresorts.com/privacy . Company's Privacy Policy is also available by tapping on the icon in the top-left corner of the App, then navigating to "Privacy, Policies, Terms & Legal" and selecting "Privacy policy."

7. RESERVATION OF RIGHTS. All rights not expressly granted to Guest by these Terms are reserved by Company. Without limiting the foregoing, nothing under these Terms shall grant to Guest any right, title or interest in or to Company trademarks, trade secrets, copyright, patents, proprietary rights and any other intellectual property rights (collectively, "Intellectual Property Rights"). The Intellectual Property Rights and Digital Key (including, but not limited to, the "look and feel," embedded software, programs and documentation within or associated with the Digital Key) are solely owned by Company and/or its licensors. A violation of these Terms may subject the Guest to administrative and/or legal action by Company or applicable governmental authorities.

8. DISCLAIMERS OF WARRANTY. The Digital Key and any associated information and functions are provided "as is" and "as available" without warranties or representations of any kind and are subject to Paragraph 15 (Disclaimer) of the Mobile App Terms of Use and End User License Agreement, which are incorporated into and made a part of these Terms. Mobile App Terms of Use and End User License Agreement is available by tapping on the icon in the top-left corner of the App, then navigating to "Privacy, Policies, Terms & Legal" and selecting "Mobile app terms of use."

9. INDEMNIFICATION.

A.  Primary Guest agrees that Paragraph 17 (Indemnification) of the Mobile App Terms of Use and End User License Agreement is incorporated into and made a part of these Terms, and expressly acknowledges that such indemnification provision covers any and all Damages and injuries arising from or related to Primary Guest's and/or each of his/her Secondary Guests': (a) breach of these Terms; (b) use of the Digital Key; (c) violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental authorities; or (d) infringement of the rights of any third party.
B.  Secondary Guest agrees that Paragraph 17 (Indemnification) of the Mobile App Terms of Use and End User License Agreement is incorporated into and made a part of these Terms, and expressly acknowledges that such indemnification provision covers any and all Damages and injuries arising from or related to Secondary Guest's: (a) breach of these Terms; (b) use of the Digital Key; (c) violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental authorities; or (d) infringement of the rights of any third party.
C.  In no event may Guest settle any claims which impose obligations on Company without Company's prior written consent. Company may, in its sole determination and at Guest's cost, assist Guest in the defense and settlement of such claims. Mobile App Terms of Use and End User License Agreement is available by tapping on the icon in the top-left corner of the App, then navigating to "Privacy, Policies, Terms & Legal" and selecting "Mobile app terms of use."

10. LIMITATIONS OF LIABILITY. IN ADDITION TO PARAGRAPH 16 (LIMITATION OF LIABILITY) OF THE MOBILE APP TERMS OF USE AND END USER LICENSE AGREEMENT (WHICH IS INCORPORATED INTO AND MADE A PART OF THESE TERMS) (Mobile App Terms of Use and End User License Agreement is available by tapping on the icon in the top-left corner of the App, then navigating to "Privacy, Policies, Terms & Legal" and selecting "Mobile app terms of use."), NEITHER COMPANY NOR OUR AFFILIATES, OR ANY OF THE OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS EMPLOYEES, AGENTS, OR REPRESENTATIVES (OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS) OF ALL SUCH ENTITIES SHALL BE LIABLE IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES RESULTING FROM (A) THE DIGITAL KEY (INCLUDING, BUT NOT LIMITED TO, THE USE, ATTEMPTED USE OR INABILITY TO USE THE DIGITAL KEY AND/OR UNAUTHORIZED ACCESS TO A DIGITAL KEY); (B) THESE TERMS; (C) GUEST'S LOST, STOLEN, DAMAGED, OR COMPROMISED DIGITAL KEY CONNECTED DEVICE; AND/OR (D) FAILURE OF ANY TECHNOLOGY OR EQUIPMENT (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST REVENUE, LOSS OF DATA, OR OTHER INTANGIBLES EVEN IF FORESEEABLE OR IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). IN ANY EVENT, EACH GUEST AGREES THAT COMPANY'S TOTAL LIABILITY FOR DAMAGES, REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED THE ACTUAL TOTAL AMOUNT RECEIVED BY COMPANY FROM SUCH GUEST TO ACCESS THE DIGITAL KEY. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages. Therefore, the exclusions set forth above may not apply to a particular Guest.

I FURTHER UNDERSTAND AND AGREE THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED. SECTION 1542 READS AS FOLLOWS:

1542. CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.

11. INVESTIGATIONS. Company reserves the right to investigate and prosecute any alleged violations of these Terms. Furthermore, pursuant to any rules, regulations, codes, statutes, ordinances or orders of any governmental authorities, Company may disclose requested Guest information without consent from or notice to Guest.

12. TERMINATION. The Digital Key License for both the Primary Guest and any Secondary Guests will immediately terminate at the conclusion of Primary Guest's stay at the Hotel, as determined by Company. Additionally, Company may terminate Primary Guest's and/or Secondary Guest's Digital Key License and/or deactivate Primary Guest's and/or Secondary Guest's Digital Key at any time for any reason. Upon termination of the Digital Key License, all rights granted to Primary Guest and/or Secondary Guest hereunder will cease immediately and Primary Guest and/or Secondary Guest agree to immediately remove the Digital Key from their Devices and discontinue use of the Digital Key. The provisions concerning Prohibited Activities, Reservation of Rights, Disclaimers of Warranty, Indemnification, Limitations of Liability, Choice of Law, Waiver, Severability and Complete Agreement shall survive termination of the Digital Key License.

13. CHOICE OF LAW. These Terms, as well as Guest's use of the Digital Key, shall be governed and construed in accordance with the laws of Nevada, excluding its conflict of laws rules. Any dispute, claim, or controversy arising out of or relating to these Terms or Guest's use of the Digital Key shall be determined by individual arbitration in Clark County, Nevada before a single neutral arbitrator pursuant to Paragraph 20 (Arbitration) of the Mobile App Terms of Use and End User License Agreement, which is incorporated into and made a part of these Terms. Mobile App Terms of Use and End User License Agreement are available by tapping on the icon in the top-left corner of the App, then navigating to "Privacy, Policies, Terms & Legal" and selecting "Mobile app terms of use."

14. MODIFICATION. Company reserves the right to update, revise and supplement the Terms, in Company's sole discretion, without notice to Guest. Such modified terms shall supersede these Terms and be effective immediately.

15. WAIVER. The failure of Company at any time to demand strict performance of these Terms shall not be construed as a continuing waiver or relinquishment of such performance, and Company may at any time demand strict and complete performance by Guest of such term.

16. SEVERABILITY. If any provision or provisions of these Terms shall be held to be invalid, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

17. COMPLETE AGREEMENT. These Terms, together with the Mobile App Terms of Use and End User License Agreement, reflect the entire agreement between Company and Guest with respect to the Digital Key. Mobile App Terms of Use and End User License Agreement is available by tapping on the icon in the top-left corner of the App, then navigating to "Privacy, Policies, Terms & Legal" and selecting "Mobile app terms of use."

Updated on January 30, 2025