iApartments, Inc Terms Of Use

Last Modified: October 13, 2021

 

 

These Terms of Use (“Terms of Use”) govern your use of our products, software, technology, features, services, and applications (our “Products and Services”), except where we expressly state that separate terms apply. By using or installing our Products and Services, the iApartments Devices or iApartments System, or creating an Account, you agree to these Terms of Use.

 

User Types

Our Products and Services can be useful to many people acting in various capacities, including landlords, property managers, residents and guests. If you are a landlord or are authorized to act on behalf of a landlord (e.g., a property manager), then you are referred to herein as an “Owner”. If you live in an apartment unit or space equipped with our Products and Services, then you are referred to herein as a “Resident”. If you have any been invited by an Owner or Resident to access an apartment unit, building or certain space, whether as a visitor or service provider (e.g., maintenance personnel, a dog walker, or a professional cleaner), then you are referred to herein as a “Guest.” Owners, Residents and Guests are all each a “User” and collectively “Users” and agree to these Terms of Use and our Privacy Policy.

 

Our Products and Services

In locations equipped with iApartments devices, including, without limitation, hubs, sensors, thermostats and locks (the “iApartments Devices”), our Products and Services make it possible for Users to monitor, manage and control spaces, apartment units and buildings remotely, such as monitoring for floods, A/C issues and humidity levels and managing and controlling temperatures, lighting, and locks (collectively, the “iApartments System”).

 

Our Privacy Policy

Use of our Products and Services is subject to our Privacy Policy, which is incorporated herein by reference and details our practices and policies with respect to the use and collection of your information and personal data.

 

Who can use iApartments Products and Services

If you use certain of our Products and Services, such as our mobile applications our web portal (collectively, “Apps”), you must create and maintain an account with iApartments (an “Account”). When creating an Account, you must provide accurate and complete Account information, and keep that information updated. So that we can operate the iApartments System and provide our Products and Services, you grant us the right to use the information that you provide in your Account and any other information you provide to us through your use of the Products and Services. You do not need an Account if you are a Guest who has been invited to use the Products and Services or the iApartments System by an Owner or a Resident. For example, if you have been invited by a Resident or an Owner to use a temporary door code to access an apartment unit, you do not need an Account.

‍You must be at least 18 years old to register for an Account. If you are between 13 and 18 years old, you may only register for an Account and use the Products and Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. Our Products and Services are not directed at anyone under 13 years old, nor do we knowingly collect or maintain personal information from anyone under 13 years old. In the event that we learn that we have collected personal information from anyone under 13 years of age without parental consent, we will delete that information as soon as possible. If you believe that we have collected information from a person under the age of 13, please contact us at support@iApts.com and we will cooperate with you to identify and delete that data as soon as possible.

The iApartments System, Products and Services, and iApartments Devices are intended for use in the United States only. You acknowledge and agree that you may only use the iApartments System, Products and Services, and iApartments Devices in the Unites States, even if you are able to access, download and/or install the iApartments System, iApartments Devices, the Products and Services (including the Apps) outside of the United States. To the maximum extent permissible by law, iApartments accepts no liability for any damage or loss caused by your access or use of the iApartments System, the Products and Services or the iApartments Devices outside of the United States.

You are solely responsible for complying with all laws, rules, and regulations applicable to you when you use the iApartments System, the iApartments Devices, and the Products and Services. The right to access the iApartments System, iApartments Devices and Products and Services is revoked where these Terms of Use or the use of the iApartments System, iApartments Devices or Products and Services is prohibited or to the extent the offering, sales, or provision of the iApartments System, iApartments Devices, or our Products and Services conflicts with any applicable law, rule or regulation.

‍If you are accessing and using our Products and Services, the iApartments System or the iApartments Devices on behalf of an entity, you represent and warrant that you have the right, authority, and capacity to accept and agree to these Terms of Use on behalf of yourself and the entity you represent. If you do not have the authority to accept these Terms of Use on behalf of the entity you represent, then you and that entity may not use the Products and Services, the iApartments System or the iApartments Devices.

If you use the Products and Services or the iApartments System, you represent and warrant that you meet all the eligibility requirements set forth in these Terms of Use. You are responsible for notifying us immediately if your eligibility to use the Products and Services or the iApartments System changes.

 

How you can use the Products and Services

Your ability to access and use of the Products and Services the iApartments System varies depending on whether you’re an Owner, a Resident or a Guest. For example, Residents may able to access and use the Apps to share access to their apartment units with Guests and monitor and manage temperature and lighting, Owners may be able to monitor sensors, such as water or humidity detection sensors, and Guests may be able to access iApartments Devices such as locks when given door access codes.

 

Your license to use the Products and Services

Provided that you abide by these Terms of Use, we grant you a non-transferable, non-exclusive, right (without the right to sublicense) to access and use the iApartments System and our Product and Services (i) by using the Products and Services, solely in connection with the iApartments Devices that are either installed on your property, that you have been authorized to access, or that are otherwise expressly provided by iApartments for your use, and (ii) by installing and/or using the Apps on your computer or mobile device, solely for the purpose of using the iApartments Devices, the iApartments System, and the Products and Services in accordance with these Terms of Use. We reserve all rights in our Products and Services, the iApartments System, and the iApartments Devices that are not expressly granted to you under these Terms.

 

Your Account security commitments; Guest Security Commitments

You must keep secure your Account, any passwords, and any door codes that you use in connection with the iApartments System, iApartments Devices, or Products and Services. You may never use another person’s Account or registration information for the Products and Services. You are responsible for all uses of your Account, whether or not authorized by you. In order to help us maintain the security of the iApartments System and Products and Services, you must notify us immediately of any known or reasonably suspected breach of security or unauthorized use of your Account, any passwords or any door codes, and you should immediately change your password or door code, as applicable, to prevent further unauthorized use. You should never publish, distribute, or post login information for your Account. iApartments is not liable for any loss or damage arising from your failure to take the above steps or comply with the above requirements and commitments.

If you are a Guest and receive a door code from an Owner or Resident, you must not disclose your door code to any other individual at any time. Such door codes are only for the use of the Guest to whom such door codes were issued.

 

Responsibility for User Content

As a user of iApartments Devices, the iApartments System or the Products and Services, you may enter content (“User Content”). User Content includes, without limitation, information, data, text, images, access histories, or written comments like service order instructions, provided, or otherwise made accessible on or through the iApartments System. User Content includes all content added, created, uploaded, submitted, distributed, or posted to the iApartments System by or on behalf of Users. You and other Users control critical User Content that we use to provide the Products and Services and the iApartments System. This User Content includes, but is not limited to, property names, door numbers, Account information, and the duration and scope of access permissions. We do not control User Content that is entered on the iApartments System and do not guarantee the accuracy of User Content available on or through the iApartments System and therefore are not liable for the inaccuracy or misuse of such User Content. In addition, you may choose to share access with Guests, and you, not iApartments, will choose the Guests. You acknowledge that your access and use of all User Content in connection with the iApartments System, is at your own risk and you will be solely responsible for any damage or resulting loss to you or any other party. Any User Content that you receive through or about the iApartments System or iApartments Devices is provided on an “AS IS” and “AS AVAILABLE” basis, without any representation or warranty of any kind by iApartments. To provide the Products and Services and iApartments System, we also reserve the right, but do not have an obligation, to monitor, remove, edit, modify or limit the availability of any User Content at any time without notice.

User Content is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules, and regulations. You also represent that you have all rights necessary to upload, post, email, transmit, or otherwise disseminate your User Content in connection with the iApartments System and that your contributions to the iApartments System and ways in which you contribute do not infringe, misappropriate or violate any third-party rights including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract, rights, or any other intellectual property or proprietary rights.

The iApartments System may contain content specifically provided by us and our partners, and such content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information and restrictions contained in any such content accessed through the iApartments System.

 

Permissions you give iApartments

Updates

To operate and improve the Products and Services, the iApartments System and the iApartments Devices, we may update the Products and Services, the iApartments System, and iApartments Devices from time to time. These updates may include performance improvements, feature updates, new functionality, bug fixes, or other modifications (collectively, “Updates”). These Updates may occur automatically, such as in the case of certain Updates to the Apps, without notice or request for additional consent. By using the iApartments System, you consent to such Updates. If you do not want to receive the Updates, you agree to terminate your Account and stop using the Products and Services and the iApartments System. Some Updates may require installation or other affirmative action on your part. In the event we ask you to install Updates, you agree to do so promptly. We are not liable for any failure to install the Updates or any damages that may result. Your use of any Updates will continue to be subject to these Terms of Use, as well as any additional terms that may be provided with such Update.

 

Permission to use Content

You own the User Content that you create or submit through the Services, and we will treat this User Content in accordance with our Privacy Policy. To provide our Products and Services, you agree to give us some legal permissions to use that User Content.

When you enter or submit User Content, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, and worldwide license to use, transmit, modify, reproduce, distribute, prepare derivative works of, display and perform, the User Content in connection with the operation, maintenance and improvement of the Products and Services, the iApartments System, the iApartments Devices, and our businesses.

 

Feedback

Every day, we work to improve the iApartments experience. We appreciate your feedback and other suggestions, comments, or ideas (“Feedback”) about the iApartments System, iApartments Devices, or our Products and Services. You should know that we may use your Feedback without any restriction or obligation to compensate you, and we are under no obligation to keep Feedback confidential. You can submit feedback by emailing support@iApts.com.

 

Your safety and security

The iApartments System, and any User Content made available through or in connection with the iApartments System, are solely intended for monitoring, sharing, and controlling access to the locations on which the iApartments Devices are installed. As a condition of use, you promise to use the iApartments System, iApartments Devices, the Products and Services and such User Content only for the purposes set forth in these Terms of Use. You may not use the iApartments System, iApartments Devices, or Products or Services for any purpose that is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, or is otherwise inappropriate. You are responsible for all of your activity in connection with the iApartments System, iApartments Devices, and Products and Services.

You may not (and may not permit anyone else to) in connection with your use of the iApartments System and Products and Services either take any action or provide any User Content that you know is false, misleading, untruthful or inaccurate or that could introduce software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any Products and Services, the iApartments Devices, or the iApartments System.

You may not (and may not permit anyone else to): (i) take any action that imposes or may impose an unreasonable or disproportionately large load on our (or our third-party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the iApartments System, iApartments Devices, or Products and Services or any activities conducted on or in connection with the iApartments System, iApartments Devices, or Products and Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the iApartments System, iApartments Devices, or Products and Services (or other accounts, computer systems, devices or networks connected to the iApartments System, iApartments Devices, or the Products and Services); (iv) harvest or scrape any User Content from the iApartments System; or (vii) otherwise take any action in violation of our guidelines and policies as made available to you from time-to-time.

You may not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the iApartments System or Products and Services; (ii) modify, translate, or otherwise create derivative works of any part of the iApartments System or Products and Services; or (iii) resell, copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder.

We retain full and complete title to all content, other than User Content, on the iApartments System. The iApartments System, the Products and Services, and their entire contents (other than User Content), features, and functionality are owned by iApartments, 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.

 

Third party services

You and other Users may use the Products and Services and the iApartments System in conjunction with other products and services. For example, a Resident may wish to grant third party service provider, such as a dog walker or professional cleaner, access to such Resident’s apartment unit to perform such tasks. The iApartments Service and the Products and Services may contain links, interfaces, and referrals to, as well as content and data from third-party websites, products and services. The choice to use any third-party services is yours.

If or when you choose to use third party services, you make this choice at your own risk. We do not control these third party services and you acknowledge that we are not responsible or liable for the performance, content, functions, accuracy, legality, appropriateness or any other aspect of such services, websites, or resources. The availability of any third party services in connection with the iApartments System does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused in connection with your use of or reliance on the content, products, or services of any third parties.

 

 

Communication with users

As part of the iApartments System, we may communicate with you and your guests or other users by sending SMS, MMS, notifications, or other text messages (“Text Messages”). For example, temporary door codes may be sent to Guests and notifications may be sent to Users via Text Message or via the iApartments Apps. Please note that text messaging fees may apply to the sending or receipt of Text Messages. By registering for an Account, you hereby consent to receiving Text Messages from us to your personal device. You may opt out of receiving some of these messages in the future, but the iApartments System may not work properly if you do opt out. Occasionally we may need to notify you about important updates or notices that concern your property, the Products and Services, the iApartments System, or changes to these Terms of Use. Because this information is crucial to your management or inhabitation of a property, you cannot opt out of these communications.

If your personal device is off, out of range, or subject to a variety of other conditions, you may not be able to send or receive Text Messages or they may be delayed. Cellular and other wireless transmissions services are not operated or controlled by iApartments and may experience weak or dropped signals, service disruptions, or security breaches. Accordingly, we cannot be responsible for and disclaim all responsibility or liability for any delays or failure to send or receive Text Messages related to the Products and Services or the iApartments System or any security breaches related to any of the foregoing.

 

Connections To iAparments Devices

Users’ ability to access and use the functionalities of the Products and Services is dependent upon an uninterrupted connection to iApartments and/or the iApartments Devices and related equipment, via a variety of means including, but not limited to, ethernet, Bluetooth, Wi-Fi, Z-Wave, Local Area Networks, Dial-Up, DSL, LoRa, LoRaWan, routers, modems, wireless hotspots, Satellite, and/or ISDN with such connection functionalities included and built into the Products and Services provided to Users and/or otherwise maintained at an apartment facility, building, and/or certain space (collectively the “Connections”). You agree not to use or seek to alter or access the Connections provided to you via the Products and Services for any purpose that is unlawful or prohibited by this Agreement and you may not use the Connections in any manner that could damage anyone’s property or otherwise interferes with, harms or disrupts the Products and Services and/or other Users’ ability to use of the Products and Services. In addition to the foregoing, Users hereby consent and agree to allow the iApartments’ Devices to access and temporarily use, when reasonably necessary to maintain an uninterrupted connection to the cloud or iApartments, any other means of network access that is available via the Connections provided by or accessible to any other iApartments Devices.  Such temporary access and use of any network access Connections by iApartments Devices shall only be for purposes of maintaining the continuity and functionality of the Products and Services.

 

 

Disclaimer of Warranties

The Products and Services, the iApartments System, and the iApartments Devices are provided on an “AS IS” and “AS AVAILABLE” basis. We make no guarantees that the Products and Services, the iApartments System, or the iApartments Devices will always be safe, secure, available or error-free; or that they will be compatible with your Apartment or building network, computer or user device; or function without disruptions, delays or imperfections. To the MAXIMUM extent permitted by law, we disclaim all representations, warranties and conditions of any kind, whether express, implied, or statutory, including any representations, warranties and conditions of merchantability, fitness for a particular purpose, accuracy, and non-infringement. We also make no representation, condition or warranty that defects or perceived defects will be corrected or that the Products and Services, the iApartments devices, or the iApartments System will meet your requirements. No advice or information, whether oral or written, obtained by you from iApartments or though the Products and Services shall create any legally-binding representation, warranty or condition.

We cannot control and will not be responsible for the actions or omissions of third parties who access or are given access to our Products and Services, the iApartments System, or iApartments Devices using our Products Services, including other owners, residents, guests and any individual to whom access is granted through your Account, regardless of whether you intended to grant access to that individual. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through or in connection with the Products and Services, the iApartments System, or the iApartments Devices or any hyperlinked website or service.

To the fullest extent allowed by law, iApartments is not responsible for damage or liability caused by: (i) use of the Products and Services, the iApartments System, or the iApartments Devices, for purposes other than for which they are designed or intended, or in improper conditions or in violation of these Terms of Use or other written instructions provided by iApartments; (ii) normal wear and tear or aging; (iii) improper repair, operation, maintenance or connections; or (iv) to the extent allowed by law, attempted repair by anyone other than a service provider authorized by iApartments.

 

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL iAPARTMENTS, ITS AFFILIATES, OR THEIR MEMBERS, MANAGERS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PRODUCTS AND SERVICES, THE iAPARTMENTS SYSTEM, OR THE iAPARTMENTS DEVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF iAPARTMENTS AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR MANAGERS, MEMBERS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED $1,000. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Governing Law and Jurisdiction; Arbitration; Class Action Waiver

All matters relating to the Products and Services, the iApartments System, the iApartments Devices, and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use, the Products and Services, or the iApartments Devices shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida, in each case located in the City of Tampa and County of Hillsborough. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

At iApartments’ sole discretion, it may require you to submit any disputes arising from these Terms of Use or use of the Products and Services, the iApartments System, or the iApartments Devices to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Florida law.

You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide proceeding for any claims covered by these Terms of Use. You are giving up your right to participate as a class representative or class member on any class claim you may have against iApartments. You agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s Account, if iAparments is a party to the proceeding.

 

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE, THE PRODUCTS OR SERVICES, THE iAPARTMENTS SYSTEM OR iAPARTMENTS DEVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

Termination

Upon termination, your Account and right to use the iApartments System and Apps will automatically terminate, but you may be able to continue using some functionality of the iApartments Devices. All provisions of these Terms of Use which by their nature should survive termination of your Account shall survive, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

iApartments works hard to provide highly reliable Products and Services that are consistently available. However, they may be subject to temporarily interruptions including third party product or service failures, network or service provider downtime, and force majeure events. We shall not be liable for any failure to perform our obligations where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.

 

Updates

We reserve the right to update and may change any part of these Terms of Use from time to time. When we change these Terms of a Use in a material way, we will update this page and also contact you via your contact information on file (e.g., by email). Your continued use of the Products and Services and/or the iApartments System following notification of any changes to these Terms of Use constitutes acceptance of those changes, which will apply to your continued use of the Products and Services and the iApartments System going forward.

 

Other

These Terms of Use and the Privacy Policy make up the entire agreement between you and iApartments, LLC, a Florida limited liability company (“iApartments”) regarding your use of our Products and Services, the iApartments System, and the iApartments Devices, provided, however, if you are an Owner, the Master Services Terms and Conditions and any documents referenced therein also make up the agreement between you and the iApartments regarding your use of our Products and Services, the iApartments System, and the iApartments Devices.

If any portion of these Terms of Use are found to be unenforceable or invalid, the remaining portion will remain in full force and effect. If we fail to enforce any part or provision of these Terms of Use, it will not be considered a waiver. Except as provided in the “Updates” section of these Terms of Use, any waiver of any provision in these Terms of Use must be made in writing and signed by us.

You cannot transfer any of your rights or obligations under these Terms of Use to anyone else without our consent. We may assign, transfer, or delegate any of our rights and obligations without prior consent, whether as part of a merger, acquisition, sale of assets, or otherwise.

No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use and neither party has any authority of any kind to bind the other in any respect.

The Products and Services, the iApartments System and the iApartments Devices are offered only for your use, and are not for the use or benefit of any third party.

The section and paragraph headings in these Terms are for convenience only and shall not affect their interpretation.

Contact:

You may contact us at the following address: 201 E. Kennedy Blvd, Suite 1925, Tampa, FL 33602 or support@iApts.com.