Thank you for using our Services.

SmatProp provides property management software to Owners, Agents, Business and or Mandated Individuals and it is accessible via any internet-connected device. We also provide an Android and iPhone/iPad app.

  • If You browse any of our Websites or use any of our Services You agree to comply with and be bound by these Terms. These Terms are binding on any use of the Service and apply to You from the time that SmatProp provides You with access to the Service.
  • These Terms are not intended to answer every question or address every issue raised by the use of the Service. It is Your obligation to ensure that You have read, understood, and agree to the most recent Terms.
  • By registering to use the Service you acknowledge that You have read and understood these Terms and have the authority to act on behalf of any person for whom You are using the Service. You are deemed to have agreed to these Terms on behalf of any entity for whom you use the Service.
  • SmatProp reserves the right to change these Terms at any time and you are bound by such changes.

1. ELIGIBILITY, ACCOUNTS AND REGISTRATION

  • You must be at least 18 years of age to use the Services.
  • By agreeing to these Terms of Use, you represent and warrant that:
    • you are at least 18 years of age;
    • you have not previously been suspended or removed from the Services; and
    • your registration and your use of the Services complies with all applicable laws and regulations.
  • To access some features of the Services, you may be required to register for an account and agree to a Product’s Terms, to the extent applicable to that service, which may be incorporated herein or available on a separate SmatProp site.
  • When you register for an account you will be asked to provide us with some information about yourself, such as email address, phone number, or other contact information.
  • You agree that the information you provide is accurate and that you will keep it accurate and up-to-date at all times.
  • When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you are responsible for all actions taken via your account. You may not share your user account(s) with others. Unless you have entered into a commercial agreement with us permitting you to use the Services for transactions on behalf of another person, you may use the Services only for transactions on your own behalf.

2. USE OF THE SERVICES; RESTRICTIONS

Use of the Services

  • As long as you comply with these Terms of Use, we grant you a non-exclusive, limited, revocable, personal, non-transferable license to use the Services, and to download and use any App on your mobile device in object code form, for your personal use.
  • If you are a real estate or mortgage agent acting in your professional capacity, you may additionally use the Services to provide information, to the extent permitted by applicable law, to your clients and to take actions on behalf of your clients (“Pro Use”).
  • If you use the Services for a Pro Use, you represent and warrant that you have obtained all required authorizations and consents from your client.
  • Except as expressly stated herein, these Terms of Use do not provide you with a license to use, reproduce, distribute, display or provide access to any portion of the Services on third-party web sites or otherwise.

Mobile Applications.

  • To use any mobile application feature of the Services (each, an “App”), you must have a compatible mobile device.
  • We do not warrant that any App will be compatible with your mobile device.
  • You may use mobile data in connection with an App and may incur additional charges from your wireless provider for using an App.
  • You agree that you are solely responsible for any applicable charges.
  • We may update any app and may automatically electronically update the version of any App that you have installed on a mobile device. You consent to all automatic upgrades, and understand that these Terms of Use will apply to all updated versions of an App.
  • Any third-party open source software included in an App is subject to the applicable open source license and may be available directly from the creator under an open source license. These Terms of Use do not apply to your use of software obtained from a third-party source under an open source license.

Use of Content.

  • Subject to the restrictions set forth in these Terms of Use, you may copy information from the Services without the aid of any automated processes and only as necessary for your personal use or Pro Use to view, save, print, fax and/or e-mail such information.
  • You may display and distribute derivative works of the Aggregate Data (e.g., within a graph), only so long as SmatProp is cited as a source on every page where the Aggregate Data is displayed.
  • Such citation may not include any of our logos without our prior written approval or imply any relationship between you and the SmatProp beyond that.
  • You are prohibited from displaying any other SmatProp data without our prior written approval.

3. PROHIBITED USE.

By using the services, you agree not to:

  • Reproduce, modify, distribute, display or otherwise provide access to, create derivative works from, decompile, disassemble, or reverse engineer any portion of the Services, except as explicitly permitted by any Product’s Terms to the extent applicable to that product’s Services;
  • Provide/post/authorize a link to any of the Services (including but not limited to an agent profile page) from a third-party website that is not a real estate-related website owned or operated by a real estate or lending professional or institution;
  • or modify any copyright or other intellectual property notices that appear in the Services;
  • Use the Services in any way that is unlawful, or harms the SmatProp , its service providers, suppliers, affiliates, or any other user;
  • Use the Services in any way to discriminate against any individual or class of individuals protected under laws, or which may have a discriminatory impact against any individual or class of individuals, or which otherwise promotes illegal, racist or discriminatory activities or outcomes;
  • Distribute or post spam or other unsolicited messages, chain letters, pyramid schemes, or similar communications through the Services;
  • Impersonate another person, misrepresent your affiliation with another person or entity, or make any representation to any third party under false pretences;
  • Reproduce, publicly display, or otherwise make accessible on or through any other website, application, or service any reviews, ratings, or profile information about real estate, lending, or other professionals, underlying images of or information about real estate listings, or other data or content available through the Services, except as explicitly permitted by us for a particular portion of the Services;
  • Upload invalid data, viruses, worms, or other software agents to the Services;
  • Post, reproduce, publicly display, or otherwise make accessible any content, which we, in our sole judgement and discretion, consider illegal, offensive or objectionable including without limitation content that harasses, discriminates, demeans, threatens or disparages any individual or class of individuals;
  • Interfere with, or compromise the system integrity or security of the Services, or otherwise bypass any measures we may use to prevent or restrict access to the Services;
  • automated queries (including screen and database scraping, spiders, robots, crawlers, bypassing “captcha” or similar precautions, or any other automated activity with the purpose of obtaining information from the Services) on the Services;
  • any of the SmatProp trademarks as part of your screen name or email address on the Services; Access or use any of the Services to develop competitive products or services; or Attempt to, or permit or encourage any third party to, do any of the above.

4. FEES

General

  • You may be required to pay fees to access certain features of the Services. All fees are non-refundable.
  • If we change the fees for all or part of any of the Services, including by adding fees or charges, we will provide you advance notice of those changes.
  • you do not accept the changes, we may discontinue providing the whole or applicable part of the Services to you.
  • Our authorized third-party payment processors will charge the payment method you specified at the time of purchase or as agreed to as part of the selected Service.
  • You authorize us to charge all fees as described in these Terms of Use for the Services you select to that payment method. If you pay any fees with a credit card, we may seek pre-authorization of your credit card account before your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.

Subscriptions

  • The Services may include features that allow for automatically recurring payments for periodic charges (“Subscription Service”).
  • If you decide to activate a Subscription Service, you authorize us to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums.
  • The subscription will continue unless and until you cancel your subscription, or we terminate it.
  • You must cancel your Subscription Service before it renews in order to avoid billing of the next periodic subscription fee to your account.
  • We will bill the periodic subscription fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information).
  • We may change the subscription fee for any subsequent subscription period but will provide you advance notice of any increase before it applies.
  • Unless otherwise stated in your Product’s Terms, you may cancel a Subscription Service through the settings page in your account.

5. USER MATERIALS.

  • Certain portions of the Services may allow users to upload or otherwise provide the SmatProp images, photos, video, data, text, listings, and other content (“User Materials”).
  • Absent any additional terms provided to you, by uploading or otherwise providing User Materials to the Services, you grant us an irrevocable, perpetual, royalty-free worldwide license to:
  • use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, prepare derivative works of or incorporate into other works, and translate your User Materials, in connection with the Services or in any other media; and
  • Sublicense these rights, to the maximum extent permitted by applicable law.
  • We will not pay you for your User Materials or to exercise any rights related to your User Materials set forth in the preceding sentence.
  • may remove or modify your User Materials at any time.
  • You are solely responsible for all User Materials made through your user account(s) on the Services or that you otherwise make available through the Services.
  • For all User Materials, you represent and warrant that you are the creator and owner of the User Materials, or have the necessary licenses, rights, consents, and permissions (including all permissions required under applicable privacy and intellectual property law) to authorize SmatProp and other users to access and use your User Materials as necessary to exercise the licenses granted by you under these Terms of Use.
  • We will not use client contact information that is uploaded by agents onto SmatProp for any purpose, unless that client contact information is otherwise provided to us directly by the client.

Disclaimer

  • We are under no obligation to edit or control your User Materials or the User Materials of any other User and will not be in any way responsible or liable for any User Materials.
  • We may, however, at any time and without prior notice, screen, remove, edit, or block any User content on the Services, including User Materials, that in our sole judgment violates these Terms of Use or we find otherwise objectionable, including any violation of any of our Terms.
  • You understand that when using the Services, you may be exposed to User Materials of other users and acknowledge that User Materials may be inaccurate, offensive, indecent, or objectionable.
  • You agree to waive, and do waive, any legal or equitable right or remedy you may have against us with respect to User Materials.
  • We expressly disclaim any and all liability in connection with User Materials.
  • If notified by a user or content owner that User Materials allegedly do not conform to these Terms of Use, we may investigate the allegation and determine in our sole discretion whether to remove those User Materials, which we reserve the right to do at any time and without notice. For more information on our handling of infringing content.

6. THIRD PARTY/LINKED SERVICES/SENT INFORMATION.

General

  • The Services include links to third-party products, services, and websites, as well as materials provided by third parties, and may include functionality that allows for the distribution of your User Materials or your personal information (collectively, your “User Information”) to third parties not under our control (each, a “Third-Party Provider”).
  • Party Providers are solely responsible for their services. You are responsible for your use and submission of User Information to any third party, and your dealings or business conducted with any third party arising in connection with the Services are solely between you and such third party.
  • Your use of third-party sites, services, or products may be subject to associated third-party terms of use and privacy policies or other agreements, which you are solely responsible for complying with.
  • We do not endorse, and take no responsibility for such products, services, Web sites, and materials, or a Third-Party Provider’s use of your User Information.
  • By using a tool that allows for User Information to be transferred, you agree that we may transfer the applicable User Information or other information to the applicable third-parties, which are not under our control.
  • If you submit a contact form or otherwise indicate your interest in contacting a Third-Party Provider, you may receive telemarketing calls from the Third-Party Provider using the contact information you provided. Third-Party Providers may keep your contact information and any other information received by the Third-Party Provider in processing a contact or other request form.
  • We are not responsible for any damages or costs of any type arising out of or in any way connected with your dealings with these third parties.

Certain Third-Party Services.

Referrals and Lead Sales.

  • As part of the Services, you may be connected with a real estate professional.
  • You authorize us to make such referral or lead sale and acknowledge that we may be paid valuable consideration for facilitating such connection.
  • As part of the Services, you may be connected to a party that provides mortgage loan origination services, title and escrow services, or other settlement services. If any of these parties have an affiliated relationship with SmatProp , then SmatProp may receive a financial or other benefit from the referral between such affiliates.

7. INTELLECTUAL PROPERTY AND RIGHTS.

  • The Services are owned and operated by the SmatProp .
  • The user interfaces, design, information, data, code, products, software, graphics, and all other elements of the Services (the “SmatProp ’ Materials”) that we provide are protected by intellectual property and other laws and are the property of the SmatProp or the SmatProp ’ Third-Party licensors.
  • Except as expressly allowed by these Terms of Use, you may not make use of the SmatProp ’ Materials, and the SmatProp reserve all rights to the SmartProp’ Materials and Services not granted expressly in these Terms of Use.
  • All Intellectual Property Rights in all the material which comprises the Website including, but not limited to, design, structure, layouts, graphical images, and underlying source code belongs to SmatProp . All rights are reserved.
  • You acknowledge that, except as otherwise agreed between the parties in writing, all Intellectual Property Rights of SmatProp and the Website shall remain with SmatProp .
  • If you submit any content to any public area of SmatProp , including blogs, message boards, and forums, you must ensure that such material is not defamatory or offensive, untrue, racially offensive, or an incitement to racial hatred or otherwise in breach of an individual’s right to privacy or human rights or actionable in law in any jurisdiction.
  • In the event that you do submit such material to the Website, SmatProp reserves the right to remove it without reference to you and co-operate with any investigation by the authorities or court order relating to it, any and all consequences that may directly or indirectly follow will be entirely your responsibility not the responsibility of SmatProp .
  • You agree to indemnify and hold SmatProp harmless from any action or consequences that may arise in such circumstances, including any claims by third parties.
  • By submitting content to any public area of SmatProp , including blogs, message boards, and forums, You grant SmatProp a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also permit any subscriber to access, display, view, store, and reproduce such content for personal use.
  • By submitting content you warrant that You are entitled to and have all necessary Intellectual Property Rights over that content.

8. SUBSCRIPTIONS

  • SmatProp may offer a free trial which will allow you to assess if the Website is satisfactory for your purpose.
  • Subscription Fees may automatically recur either monthly or annually depending on your subscription package. Subscription Fees begin on your first payment date and are payable in advance of each subscription period. Different Subscription Fees may include access to different Services.
  • Your subscription is activated by providing the information required on the subscription page. You will pay SmatProp or SmatProp’s distributor (as directed by SmatProp ) the charge for the Subscription Fees at the time of order.
  • No refund will be given for the cancellation or termination of a subscription.
  • A subscription can be cancelled at any time by terminating your Service. When a subscription is cancelled no further payment will be taken by SmatProp .
  • If a subscription is cancelled for any reason and Subscription Fees prior to the date of the cancellation remain unpaid, you will be liable to pay all outstanding Subscription Fees to SmatProp .
  • You must cancel Your Service. This is to ensure against fraudulent requests to terminate Services.
  • Pricing of Services is advertised on the pricing and subscription pages of each Service Website.

9. DEACTIVATION/DELETION /CHANGES TO AGREEMENT.

  • Except as stated in any Terms, you may deactivate your account at any time by selecting “deactivate account” in your account settings.
  • You can delete your account and all your account data by submitting a request to “delete your data” at https://privacy.SmatProp.com/
  • If you deactivate or delete your account, you remain obligated to pay all outstanding fees, if any, incurred prior to termination relating to your use of the Services.
  • If you violate any provision of these Terms of Use, your permission from the SmatProp to use the Services will terminate automatically.
  • In addition, we may, in our sole discretion, deactivate, suspend, or terminate your access to your account and the Services at any time for any reason, with or without notice.
  • We may alter, suspend, or discontinue the Services or any portion of the Services without notice. We will not be liable whatsoever for any change to the Services or any suspension or termination of your access to, or use of the Services.
  • We reserve the right to change these Terms of Use at any time in its sole discretion on a going-forward basis, and we will make commercially reasonable efforts to notify you of any material changes to these Terms of Use.
  • Your continued use of the Services after any updates are effective will represent your agreement to the revised version of the Terms of Use and will constitute acceptance of, and agreement to, any such changes. You further waive any right you may have to receive specific notice of such changes to these Terms of Use. You are responsible for regularly reviewing these Terms of Use.

10. ONLINE RENT COLLECTION

  • In order to use the payment functionality of our application, you must open an account provided by our Financial Partners and you must accept their Terms of Service and Privacy Policy.
  • You authorize us to collect and share with SmatProp financial partners your personal information including full name, date of birth, ID number, physical address, email address and financial information, and you are responsible for the accuracy and completeness of that data.
  • You understand that you will access and manage your account through our application.
  • We will provide customer support for your account activity, and can be reached at the contact information provided on our website
  • Any payment that you receive may be reversed if:
  • the tenant requests a reversal of the payment,
  • the tenant’s bank or credit union requests a reversal of the payment, or
  • SmatProp decides a Dispute against you (each a “Reversal”).
  • You are liable to our Financial Institution Partner for the full amount of any payment that you receive that is subject to a Reversal and the Reversal Fee is applied.
  • You authorize SmatProp to recover any Reversal amounts due to our Financial Institution Partner by debiting your bank or credit union account(s) linked to your Account and/or the credit card we hold on file for you.
  • We reserve the right to suspend your account until the full amount has been recovered.

SMATPROP IS NOT A COLLECTION COMPANY AND IN NO WAY GUARANTEES PAYMENTS BY TENANT NOR DOES IT INHERIT THE RISK ASSUMED BY ANY PARTY IN RELATION TO ANY TRANSACTION PERFORMED THROUGH THE SERVICE.

11. PRIVACY POLICY/OTHER TERMS.

  • SmatProp will collect, use, store, and disclose personal information in accordance with our Privacy Policy. Please consult your Privacy Policy for more information, which is incorporated into, and made a part of, these Terms of Use.

Other Terms.

  • Your use of the Services is subject to all additional guidelines, rules, and agreements applicable to the Services or certain features of the Services that we may post on, or link to, from the Services, such as rules applicable to a particular product or content available through the Services, including, without limitation, the Rentals User Terms.
  • If you are a non-affiliated Third-Party Provider who has created an industry professional account with SmatProp, you are subject to the NMLS Data Terms.
  • Additionally, if you are a non-affiliated Third-Party Provider who participates in any Services offered by SmatProp, you are also subject to the Lender Terms of Use. All such terms are incorporated into, and made a part of, these Terms of Use.

12. INDEMNIFICATION.

  • You agree to indemnify, defend, and hold harmless SmatProp, our affiliates, and our respective directors, officers, employees, and agents from any and all claims and demands made by any third party due to or arising out of:
  • your access to or use of the Services;
  • your breach of these Terms of Use;
  • your violation of any law or the rights of a third party;
  • any dispute or issue between you and any third party;
  • any User Materials you upload to, or otherwise make available through, the Services; (f) your wilful misconduct; and
  • any other party’s access to or use of the Services using your account and password.
  • SmatProp reserves the right, at their own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in that case, you agree to cooperate with the SmatProp’ defence of that claim.

13. WARRANTIES

  • SmatProp provides the services “as is,” “with all faults” and “as available,” and the entire risk as to satisfactory quality, performance, accuracy, and effort is with you.
  • To the maximum extent permitted by applicable law, SmatProp and our suppliers make no representations, warranties, or conditions, express or implied.
  • SmatProp and our suppliers expressly disclaim any and all warranties or conditions, express, statutory, and implied, including without limitation:
  • warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, accuracy, title, quiet enjoyment, no encumbrances, no liens, and non-infringement;
  • warranties or conditions arising through course of dealing or usage of trade; and
  • warranties or conditions of uninterrupted or error-free access or use.
  • No advice or information, whether oral or written, obtained by you through the services or any materials available through the services will create any warranty regarding any SmatProp’ entity or the services that is not expressly stated in these terms of use.
  • You assume all risk for any damage that may result from your use of or access to the services, your dealings with any other user, and any materials, including all user and SmatProp’ materials, available through the services.
  • You understand and agree that your use of the services, and use, access, download, or other obtainment of materials through the services and any associated sites or services, are at your own discretion and risk, and that you are solely responsible for any damage to your property (including your computer system or mobile device used in connection with the services), or the loss of data that results from the use of the services or the download or use of those materials.
  • Some jurisdictions may prohibit a disclaimer of warranties and you may have other rights that vary from jurisdiction to jurisdiction.

14. LIMITATION OF LIABILITY

  • In no event will SmatProp or any of our affiliates be liable for any indirect, consequential, special, incidental, or punitive damages (including damages for loss of profits, goodwill, or any other intangible loss) arising out of, based on, or resulting from these terms of use or your use or access, or inability to use or access, the services or any materials on the services, whether based on:
  • breach of contract;
  • breach of warranty;
  • negligence; or
  • any other cause of action, even if SmatProp have been advised of the possibility of such damages.
  • To the maximum extent permitted by applicable law, SmatProp assume no liability or responsibility for any
  • errors, mistakes, or inaccuracies of materials;
  • personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the services;
  • any unauthorized access to or use of our secure servers and/or any and all personal information stored therein;
  • any interruption or cessation of transmission to or from the services;
  • any bugs, viruses, Trojan horses, or the like that may be transmitted to or through our services by any third party;
  • any errors or omissions in any materials or for any loss or damage incurred as a result of the use of any materials posted, emailed, transmitted, or otherwise made available through the services; or
  • user materials or the defamatory, offensive, or illegal conduct of any third party.
  • The aggregate liability of SmatProp and any of our affiliates to you for all claims arising out of or relating to the use of, or inability to use, any portion of the services or otherwise under these terms of use, whether under contract, tort, or otherwise, is limited to the greater of:
  • the amount you have paid to SmatProp for the services in the 12 months prior to the events or circumstances giving rise to the claims.
  • Some jurisdictions do not allow the exclusion or limitation of liability for consequential damages. Accordingly, the above limitations may not apply to you.
  • Each provision of these terms of use that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is intended to and does allocate the risks between the parties under these terms. This allocation is an essential element of the agreement of the parties.
  • The limitations in this section will apply even if any limited remedy fails its essential purpose.

15. CONSENT TO COMMUNICATIONS.

  • By using the Services, you consent to receiving certain electronic communications from us as further described in the Privacy Policy. Please read our Privacy Policy to learn more.
  • You agree that any notices, agreements, disclosures, surveys, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
  • The Services may provide web forms, links, or contact information, including phone numbers, that can connect you with SmatProp or third parties, such as real estate agents and Third-Party Providers.
  • Communications through these methods may be routed through a third-party service (“Communications Service”). Calls may be recorded or monitored for quality assurance, training, or customer service purposes.
  • You will be notified at the beginning of a call if it may be recorded or monitored. You consent to such recording and monitoring by SmatProp or the Communications Service.
  • We also use the Communications Service to track phone calls and text messages between you and real estate professionals so that we and the real estate professional can access certain details about the contact.
  • As part of this process, we and the Communications Service will receive in real time, and store, data about your call or text message, including the date and time of the call or text message, your phone number, and the content of the text message.
  • You consent to these practices by us and the Communications Service. The information is subject to the Privacy Policy.

16. FORCE MAJEURE

  • Neither party is liable for delay in meeting its obligations due to any cause outside its reasonable control including acts of god, riot, war, malicious acts of damage, fires, electricity supply failure, Government authority.

17. SURVIVAL

  • Should any provision of these Terms be held to be void, invalid, unenforceable, or illegal by a court, the validity and enforceability of the other provisions shall not be affected thereby. If any provision is determined to be unenforceable, you agree to a modification of such provision to provide for enforcement of the provision’s intent, to the extent permitted by applicable law.

18. ABSENCE OF WAIVER

  • Any failure or delay by SmatProp to enforce any of the Terms or to exercise any right under the Terms will not be construed as a waiver to any extent of its rights.

19. RIGHT TO ASSIGN

  • SmatProp may assign its rights and obligations under these Terms and upon such assignment, SmatProp shall be relieved of any further obligation under these Terms.
  • You may not assign or transfer any rights or obligations to any other person without Landlord Studio’ prior written consent.

20. ENTIRE AGREEMENT

  • These Terms and the Privacy Policy supersede and extinguish all prior agreements, representations (whether oral or written), and understandings and constitute the entire agreement between you and SmatProp.

 

 

 

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