Terms of Use for PropBot

Last Updated: 9/22/24

Table of Contents

1. Acceptance of Terms of Use and Amendments

By accessing or using this website and any services provided by PropBot, you agree to be bound by these Terms of Use. We may update these terms at any time with or without prior notice. It is your responsibility to review the terms regularly. Continued use of our services constitutes your acceptance of any changes.

Additionally, when using particular services on or through this site, you will be subject to any posted guidelines or rules applicable to those services, which may be incorporated by reference into these Terms of Use.

Additionally, when using particular services on or through this site, you will be subject to any posted guidelines or rules applicable to those services, which may be incorporated by reference into these Terms of Use.

2. Our Service

Our services are provided on an "AS IS" and "AS AVAILABLE" basis. You acknowledge that we may modify, suspend, or discontinue any aspect of the service at any time, without notice. We are not liable for the accuracy, reliability, or timeliness of the data and content made available through our service.

3. Shared Responsibility Model for Cloud Services

As a cloud service provider, PropBot operates under a shared responsibility model:

• Our Responsibility: We manage the security of the cloud infrastructure that runs our services. This includes physical security, network infrastructure, and the hardware running our services.
• Your Responsibility: You are responsible for securing the data, applications, and configurations you manage within our services. This includes maintaining secure passwords, controlling user access, and properly configuring your environment.

Both parties are expected to adhere to industry best practices to ensure the security and privacy of data and services.

4. Privacy Policy

Your registration data and other personally identifiable information are subject to our Privacy Policy, which is incorporated by reference into these Terms of Use. Please review the Privacy Policy for details on how we collect, use, and protect your information.

5. Registration, Emails, and Passwords

You are responsible for maintaining the confidentiality of your account login information, including your password. You agree to notify us immediately if there is any unauthorized use of your account. You must also keep your email address up to date to receive communications from us, including reminders related to subscriptions and renewals.

6. User Conduct

You agree not to use the service for any unlawful or prohibited activities, including but not limited to:

• Providing or uploading content that is illegal, harmful, or objectionable.
• Impersonating any person or entity or misrepresenting your affiliation with any person or entity.
• Collecting or harvesting personal data from other users.
• Using the service to send unsolicited messages (spam), chain letters, or any form of unauthorized advertising.

We reserve the right to suspend or terminate your account for violating these rules.

7. Submission of Content and Data Ownership

By submitting content, including but not limited to documents, legal agreements, property details, or any other form of media (“Content”) to PropBot, you affirm that you own or have the necessary rights and permissions to upload and share this Content. You grant PropBot and its affiliates a non-exclusive, royalty-free, perpetual license to use, store, distribute, and display the Content for the purpose of providing the services on our platform.

Data Ownership and Sharing: If you are submitting Content on behalf of an entity (such as a family, company, group, trust, land trust), you agree that you have the authority to grant access to the relevant parties. The Content can be viewed, shared, or transferred to authorized individuals or entities based on the permissions set by the user or the entity owner.

PropBot does not claim ownership of any Content uploaded by users but reserves the right to remove or block access to any Content that violates these Terms of Use or any applicable laws.

8. Subscription, Storage, and Sale Fees

Subscription Fees

All PropBot subscriptions are auto-renewable and non-refundable unless otherwise stated. Members are responsible for managing their subscriptions and must cancel before the next billing cycle if they do not wish to continue the service. Failure to cancel before the renewal date will result in the automatic renewal of the subscription.

PropBot reserves the right to adjust subscription fees and billing methods. Any changes will be communicated in advance, and your continued use of the service constitutes acceptance of the new rates and policies.

If a member disputes a charge, they may be responsible for any chargeback fees incurred by PropBot. Chargeback fees and any changes to billing will be communicated as part of the dispute resolution process.

Storage Fees

PropBot offers storage services for documentation, property data, photos, and legal documents. Storage fees will be charged based on the volume and type of data stored on the PropBot platform. These fees are billed separately from subscription fees.

Users will be notified if they exceed their storage limits, and additional storage will be provided for an additional fee, based on PropBot's current pricing structure.

Storage fees are non-refundable, and it is the responsibility of the user to manage their data storage. PropBot reserves the right to modify its storage fee structure and policies with prior notice.

Fees for Selling Documentation and Property Data

PropBot facilitates the sale and transfer of legal documents, property data, and other forms of information between current property owners and prospective buyers. If you choose to sell your uploaded Content, you agree that:

• You have full rights and permissions to sell the Content.
• PropBot acts solely as a facilitator and is not responsible for verifying the accuracy, legality, or completeness of the Content being sold.
• Upon completion of the sale, the rights to access and use the Content may be transferred to the new owner, as specified in the agreement between the seller and buyer.

PropBot charges a facilitation fee for the sale and transfer of documentation. These fees will be outlined and agreed upon during the transaction process. By completing the transaction, you agree to the facilitation fee and any applicable terms.

Any disputes related to the sale of Content will be handled between the buyer and seller. PropBot will not be liable for any issues that arise from the sale or transfer of documentation beyond the facilitation of the transaction.

9. Third-Party Services, Usage Fees, and Payment Processing Fees

Third-Party Service Marketplace

PropBot offers a platform that connects property owners with third-party vendors who provide various services related to real estate, property management, legal services, maintenance, and more. These third-party services are made available through our platform, but the services themselves are provided by independent vendors not directly affiliated with PropBot.

When you engage with a third-party vendor through PropBot, your dealings, including but not limited to service agreements, pricing, and payment terms, are solely between you and the third-party vendor. PropBot is not responsible for any issues or disputes arising from these transactions, including but not limited to the quality of service, delivery, or any terms set by the vendor.

Usage Fees

PropBot charges a **usage fee** when a property owner or user consumes a service from a third-party vendor through the PropBot platform. This fee is separate from the cost of the service provided by the third-party vendor and is charged for facilitating the transaction between the user and the vendor.

The usage fee will be disclosed at the time of the transaction and may vary based on the type of service being procured. By completing the transaction with the third-party vendor, you agree to pay the applicable usage fee to PropBot in addition to any fees charged by the vendor for the service.

Payment Processing Fees

PropBot may charge additional **payment processing fees** for handling payments made through the platform, including payments for third-party services, subscriptions, and any other transactions facilitated by PropBot. These fees cover the cost of credit card processing, bank transfer fees, and other payment-related costs.

The payment processing fees will be clearly disclosed at the time of the transaction and may vary depending on the payment method chosen by the user (e.g., credit card, ACH transfer, etc.). Users agree to pay any applicable payment processing fees in addition to the cost of the service or product being purchased.

Responsibility and Dispute Resolution

While PropBot facilitates transactions between users and third-party vendors, PropBot does not guarantee or endorse the services offered by vendors. Users are encouraged to carefully review the terms and conditions of the third-party services before making any commitments.

Any disputes that arise from services provided by third-party vendors must be addressed directly between the user and the vendor. PropBot will not be held liable for any claims, damages, or losses resulting from the interactions between users and vendors. However, PropBot reserves the right to intervene in cases where platform usage policies have been violated or where the vendor’s conduct affects the integrity of the marketplace.

Changes to Vendor Services

PropBot may, at its discretion, modify or remove third-party vendors and services from the platform. PropBot is not responsible for notifying users of these changes. Users are responsible for maintaining their own records and agreements with third-party vendors outside of PropBot’s platform.

10. Indemnification

You agree to indemnify and hold PropBot, its affiliates, officers, directors, employees, and agents harmless from any claims or demands arising out of your use of the service, violation of these Terms of Use, or violation of any rights of another party.

11. Disclaimer of Warranties

THE SERVICES PROVIDED BY PROPBOT ARE ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND. WE DO NOT GUARANTEE THE CONTINUOUS OR ERROR-FREE OPERATION OF THE SERVICES OR THAT THE CONTENT WILL BE SECURE OR FREE OF VIRUSES. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK.

12. Limitation of Liability

IN NO EVENT SHALL PROPBOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF DATA, PROFITS, OR USE, ARISING FROM THE USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13. Reservation of Rights

We reserve all rights to our content, trademarks, patents, and any proprietary materials on this website. You are granted no license to use any of our intellectual property without prior written consent.

14. Copyright Infringement

If you believe your intellectual property rights have been violated on our website, please contact support at https://www.propbot.com/contact/support to address the issue.

15. Governing Law

These Terms of Use are governed by the laws of the jurisdiction where our company is headquartered. You agree to submit to the exclusive jurisdiction of the courts located in that region.

16. Miscellaneous

If any provision of these Terms of Use is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect. Failure by either party to assert any right under these Terms of Use shall not be considered a waiver of that party's right, and that right will remain in full force and effect.

You agree that without regard to any statute or contrary law, any claim or cause arising out of this website or its services must be filed within one (1) year after such claim or cause arose or it shall be forever barred.

We may assign our rights and obligations under these Terms of Use and will be relieved of any further obligation.

17. Data Retention and Deletion Policy

PropBot will retain your data, including documents, legal agreements, and property data, for as long as it is necessary to provide the services outlined in these Terms of Use. Data may be retained for purposes including but not limited to legal obligations, dispute resolution, and enforcing our agreements.

Upon termination of your account or upon your request, PropBot will make reasonable efforts to delete or anonymize your data unless retention is required by law or for legitimate business purposes. Once data is deleted, it cannot be recovered.

Users are responsible for backing up their data before requesting deletion or account termination.

18. Liability for User-Generated Content

Users are solely responsible for the content they upload to PropBot, including but not limited to legal documents, agreements, photos, and property data. PropBot does not review or verify the accuracy, legality, or compliance of user-generated content.

By submitting content, users represent and warrant that they have the legal right to upload, share, or distribute the content and that doing so does not infringe on any third-party rights.

PropBot reserves the right to remove content that violates these Terms of Use or applicable laws but is under no obligation to review all content uploaded to the platform.

19. Termination of Accounts

PropBot reserves the right to terminate or suspend user accounts at its discretion for violations of these Terms of Use or applicable laws, or for any behavior deemed harmful to the PropBot platform or its users.

Users may request the termination of their account at any time. Upon termination, access to the account and any data stored on the PropBot platform will be revoked. Users are responsible for downloading or backing up their data before requesting account termination.

PropBot is not responsible for any data loss resulting from account termination initiated by the user or PropBot.

20. Revenue Sharing and Vendor Relationships

PropBot may enter into partnerships or agreements with third-party vendors that provide services through the platform. In such cases, PropBot may receive a percentage of revenue generated from transactions between users and vendors.

These revenue-sharing agreements do not affect the service fees charged to users unless otherwise stated. PropBot does not assume liability for any issues arising between users and vendors, including but not limited to service disputes, non-performance, or refund claims.

Vendors using PropBot to offer services are required to comply with PropBot's terms and guidelines, and failure to do so may result in the termination of their ability to offer services through the platform.

21. Intellectual Property and Trademarks

All intellectual property, including but not limited to trademarks, logos, designs, software, and other proprietary materials, are the exclusive property of PropBot or its licensors. Users are granted no rights or licenses to use any of PropBot's intellectual property without prior written consent.

Any unauthorized use of PropBot’s intellectual property, including but not limited to copying, modifying, or distributing materials, is strictly prohibited and may result in legal action.

22. Service Disruption and Downtime

PropBot strives to provide continuous, uninterrupted access to its services. However, there may be occasions when the platform experiences service disruptions or downtime due to maintenance, updates, system errors, or unforeseen technical issues.

PropBot does not guarantee that the services will always be available and accessible. While we make efforts to minimize downtime and inform users of planned maintenance, there may be times when access is unavailable without prior notice.

PropBot will not be liable for any direct, indirect, incidental, or consequential damages arising from service disruptions, including but not limited to data loss, transaction failures, or delays in service performance. It is the user's responsibility to regularly back up important data stored on the PropBot platform.

In the event of a prolonged outage, PropBot may, at its discretion, offer prorated refunds for subscription services based on the duration of the downtime, but this is not guaranteed and will be evaluated on a case-by-case basis.

23. Refund Policies

Subscription Fees

PropBot subscriptions are non-refundable, except in cases where the platform experiences significant service outages (as defined in Section 22). If you believe you are entitled to a refund due to a prolonged outage, you must contact PropBot's support team within 30 days of the outage, providing details of the disruption and its impact on your service.

PropBot will review each request on a case-by-case basis and may offer a prorated refund for the subscription fees based on the length of the disruption. This does not apply to minor or temporary service interruptions.

Storage Fees

Storage fees are non-refundable. Users are responsible for monitoring their data storage usage and managing their storage plans accordingly. PropBot does not offer refunds for unused storage capacity or for exceeding storage limits without prior adjustment of the plan.

If you believe an error has been made in the calculation of your storage fees, please contact PropBot's support team with relevant details, and we will investigate the issue. Refunds for overcharges will be issued only if verified by our team.

Fees for Selling Documentation and Property Data

Fees associated with selling or transferring property documentation through the PropBot platform are non-refundable once the transaction has been completed. If a transaction is disputed or reversed by a buyer or seller, PropBot is not responsible for refunding any associated facilitation fees.

All sales and transfers of property documentation are final. PropBot only acts as a facilitator and is not responsible for resolving disputes related to the quality, accuracy, or legality of the data being sold. Users must ensure that they have the rights and permissions to sell the content and that the data being transferred meets the buyer’s expectations.

Third-Party Service Fees

Payments made for services provided by third-party vendors on the PropBot platform are subject to the vendor's refund policy. PropBot does not process refunds for third-party services unless explicitly stated by the vendor.

Users are encouraged to review the third-party vendor's terms and conditions before purchasing any service through the PropBot platform. PropBot is not liable for any disputes or issues regarding refunds from third-party vendors.

24. Security of User Accounts

You are responsible for maintaining the security of your PropBot account, including securing your login credentials (username and password). You must notify PropBot immediately if you suspect unauthorized access or usage of your account. PropBot will not be liable for any loss or damage resulting from your failure to adequately safeguard your account.

Users are encouraged to adopt industry best practices such as enabling multi-factor authentication (MFA) if available, using strong and unique passwords, and regularly updating their passwords to prevent unauthorized access.

25. Acceptable Use Policy

You agree to use the PropBot platform in a manner that is lawful, ethical, and respectful to others. Users are prohibited from:

• Uploading, sharing, or distributing any content that is illegal, defamatory, obscene, or harmful in nature.
• Using the platform to harass, abuse, or intimidate other users.
• Interfering with the operation of the platform, including attempts to access data or systems without authorization.
• Engaging in fraudulent activities or impersonating any other person or entity.
• Violating any applicable local, national, or international laws or regulations while using the platform.

PropBot reserves the right to suspend or terminate user accounts that violate this Acceptable Use Policy.

26. User Data and Analytics

PropBot may collect and analyze usage data from the platform to improve its services and provide a better user experience. This data may include, but is not limited to, user interaction metrics, transaction data, and system logs.

All data collected will be anonymized where applicable, and PropBot will comply with all relevant data protection laws and regulations when handling personally identifiable information (PII).

By using the platform, you agree to the collection and use of data as outlined in our Privacy Policy. For more information, please review our Privacy Policy.

27. Force Majeure

PropBot shall not be held liable for any failure to perform its obligations under these Terms of Use if such failure results from causes beyond PropBot's reasonable control, including but not limited to, acts of God, war, strikes, fire, floods, government regulations, cyber-attacks, or other emergencies.

In such events, PropBot will make reasonable efforts to resume services as quickly as possible but is not obligated to issue refunds or credits for service interruptions due to these force majeure events.

28. Changes to the Platform and Termination of Services

PropBot reserves the right to modify, suspend, or discontinue any part of its platform at any time, with or without notice. This includes changes to features, pricing, and functionality.

If significant changes are made that impact your use of the platform, PropBot will attempt to notify you through your registered email or through a notice on the platform.

PropBot may also terminate your access to the platform or any part of it, without liability, in the event of a violation of these Terms of Use, inactivity, or for any other reason deemed necessary by PropBot.

29. Data Breach Policy

At PropBot, we take the security of your data seriously. In the unlikely event of a data breach, where unauthorized access, disclosure, alteration, or destruction of data occurs, PropBot will take the following steps:

1. Immediate Action

Upon discovering a data breach, PropBot will immediately:

• Identify and contain the breach to prevent further data loss.
• Assess the scope and impact of the breach on affected users and systems.
• Take steps to mitigate the effects of the breach, such as securing systems, changing access credentials, or disabling affected services.

2. Notification of Affected Users

If the data breach is likely to result in a high risk to your rights and freedoms (e.g., identity theft or financial loss), PropBot will notify affected users without undue delay. Notifications will be made via the email address associated with your account and will include:

• The nature of the breach and the data affected.
• Steps PropBot is taking to address the breach and mitigate any damage.
• Advice on what you can do to protect yourself, such as changing passwords or monitoring for suspicious activity.
• Contact information for further inquiries.

3. Notification to Authorities

If required by law (e.g., under the GDPR), PropBot will notify relevant data protection authorities within 72 hours of becoming aware of the breach. This notification will include a description of the breach, the types of data involved, and actions taken to resolve the issue.

4. Ongoing Risk Assessment and Mitigation

PropBot will continue to monitor for any residual risks associated with the breach and will implement additional safeguards where necessary to prevent future incidents. We will also review our security practices and make improvements to further protect your data.

5. User Responsibility

While PropBot takes significant measures to secure your data, we also encourage you to take precautions to protect your own information. This includes using strong, unique passwords, enabling multi-factor authentication where available, and being cautious of phishing or other forms of social engineering attacks.

6. Remedies and Support

If the breach results in unauthorized access to your personal information, PropBot will provide you with necessary support to recover any compromised accounts or data, as well as advice on steps to take to mitigate potential harm.

7. Changes to This Policy

PropBot reserves the right to modify this Data Breach Policy as part of our ongoing commitment to security. Any changes will be communicated to users via email or notices on the platform.