Propves is an AI-powered property management platform that gives property managers the insights and tools needed to optimize their operations, reduce costs, and enhance property value.
Effective Date: November 05, 2024
These Terms of Use ("Terms") govern your access to and use of the Propves platform, including our website, mobile applications, and any related services (collectively, the "Platform"). By accessing or using the Platform, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access the Platform.
The Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Propves, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
In no event shall Propves be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Platform.
You agree to defend, indemnify, and hold harmless Propves and its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your breach of these Terms or your use of the Platform.
These Terms shall be governed by and construed in accordance with the laws of the State of New York, USA, without regard to its conflict of law provisions.
Any dispute arising out of or relating to these Terms or the Platform shall be settled by binding arbitration in New York, NY in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted by a single arbitrator, and the arbitrator's decision shall be final and binding on both parties. The arbitration shall be conducted in English.
These Terms constitute the entire agreement between you and Propves relating to the Platform and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Propves with respect to the Platform.
You agree to pay all fees and charges associated with your use of the Platform, including but not limited to subscription fees, transaction fees, and any other applicable charges. All fees are non-refundable, unless otherwise expressly stated in these Terms. We use third-party payment processors to process payments made through the Platform. You agree to be bound by the terms and conditions of those payment processors. We reserve the right to change our fees at any time. We will provide you with notice of any fee changes by posting the changes on the Platform or by sending you an email.
You are responsible for all activities that occur under your account and for maintaining the confidentiality of your account credentials. You agree to use the Platform in a responsible manner and to comply with all applicable laws and regulations. You agree not to use the Platform for any illegal or unauthorized purpose. You agree not to interfere with or disrupt the Platform or servers or networks connected to the Platform. You agree not to attempt to gain unauthorized access to the Platform, other User accounts, or any other computer systems or networks connected to the Platform.
We are committed to protecting your privacy. Our Privacy Policy explains how we collect, use, and disclose your personal information. By using the Platform, you consent to our collection, use, and disclosure of your personal information as described in our Privacy Policy.
In addition to the other prohibited activities described in these Terms, you may not use the Platform:
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. PROPVES DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN NO EVENT SHALL PROPVES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM, WHETHER IN AN ACTION IN CONTRACT, TORT, OR OTHERWISE, EVEN IF PROPVES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PROPVES'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO PROPVES FOR THE PLATFORM DURING THE TERM OF YOUR USE OF THE PLATFORM.
You agree to indemnify and hold Propves and its officers, directors, employees, and agents harmless from any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your breach of these Terms or your use of the Platform, including, but not limited to, your User Contributions, any use of the Platform's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Platform.
We may terminate your access to all or any part of the Platform at any time, with or without cause, with or without notice, effective immediately, for any reason, including but not limited to your breach of these Terms. Upon termination, your right to use the Platform will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Propves's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
The initial term of each License (the “Initial License Term”) begins on the earlier of (i) Activation (defined as the first day that Owner Data for a Property is accessible through a Service, regardless of whether the Service is in production) or (ii) as specified in the ordering process, and continues for the term specified (monthly or annual). Following the Initial License Term, the License will automatically renew for the same (monthly or annual) terms (each, a “Renewal License Term” and, collectively with the Initial License Term, the “License Term”) unless either Propves or Owner provides written notice of termination at least 30 days prior to the end of the then-current License Term. For annual License Terms, Owner has committed to purchase the Services for the full annual term, to be paid annually in advance. Owner may cancel the Services prior to expiration of the annual License Term without refund. Owner will pay all accrued but unpaid fees upon expiration of the License Term or termination of Services. The expiration or termination of a License for an Owner does not affect any License for any other Owner.
The License Term for a Service may be terminated early by a party if the other party breaches a material provision of the Agreement relating to such Service and fails to cure within 30 days after receiving written notice of the breach from the non-breaching party. Early termination will not (i) limit the non-breaching party from pursuing other available remedies, including injunctive relief, or (ii) relieve Owner of the obligation to pay fees owed under the Agreement. Propves may terminate a free trial account at any time in its sole discretion.
Propves reserves the right to suspend access to all or portions of the Service(s) licensed by Owner, with or without prior notice, if Manager, Owner or any Authorized User (i) commits acts or omissions that compromise the security of a Service, (ii) permits unauthorized access to a Service or any Output, (iii) interferes with other users of a Service, or (iv) engages in harmful, inappropriate, or unlawful conduct relating to a Service. Propves will inform Owner of the basis for any such suspension, minimize its scope as reasonably practicable, and reinstate access upon resolution of the underlying issue (if timely cured, as applicable).
Propves understands that Owners may sell or transfer management of Properties from time to time, and that the portfolio of Properties managed by Manager is subject to change. Propves will not transfer any historical data relating to any such Property to the new Manager or Owner without receiving express written permission from the former Owner (or, in the event of a change in management only, from the existing Owner).
If you have any questions about these Terms, please contact us at legal@propves.com.
Propves is an AI-powered property management platform that gives property managers the insights and tools needed to optimize their operations, reduce costs, and enhance property value.