These Terms of Service are a legal agreement (this “Agreement”) between you (“user,” “you” or “your”) and RentSail LLC (“RentSail,” “we,” “our” or “us”). As used in this Agreement, “Service” or “Product” refers to RentSail’s Property Management SaaS, as well as our website, any software, programs, documentation, tools, hardware, internet-based services, components, and any updates (including software maintenance, service information, help content, bug fixes or maintenance releases) thereto provided to you by RentSail, directly or indirectly. To use the Service, you must agree to all the terms of this Agreement.
We may amend this Agreement at any time by posting the amended terms on our Website. We may or may not post notices on the homepage of our Website when such changes occur.
We refer to this Agreement, and any other terms, rules, or guidelines on our Website collectively as our “Legal Terms.” You explicitly and implicitly agree to be bound by our Legal Terms each time you access our Website. If you do not wish to be so bound, please do not use or access our Website.
1 Limited License
RentSail grants you a non-exclusive, non-transferable, revocable license to access and use our Website in order for you to manage your property, and all aspects within.
These Terms shall be governed and construed in accordance with the laws of the United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
You may use the Service only in accordance with this Agreement. You may not reverse engineer, decompile, disassemble, or work around technical limitations in the Product, except to the extent applicable law permits it despite these limitations. You may not disable, tamper with, or otherwise attempt to circumvent any billing mechanism that meters your use of the Service.
Proof of your license is (1) this agreement, (2) any order confirmation, and (3) proof of payment.
2 Copyrights and Trademarks
Unless otherwise noted, all materials including without limitation, logos, brand names, images, designs, photographs, video clips and written and other materials that appear as part of our Service are copyrights, trademarks, service marks, trade dress and/or other intellectual property whether registered or unregistered (“Intellectual Property”) owned, controlled or licensed by RentSail. Our Service as a whole is protected by copyright and trade dress. Nothing on our Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property displayed or used on our Website, without the prior written permission of the Intellectual Property owner. We aggressively enforces its intellectual property rights to the fullest extent of the law. The names and logos of RentSail, may not be used in any way, including in advertising or publicity pertaining to distribution of materials on our Website, without prior, written permission from Us. RentSail prohibits use of any logo of RentSail or any of its affiliates as part of a link to or from any Website unless RentSail approves such link in advance and in writing. Fair use of Our Intellectual Property requires proper acknowledgment. Other product and company names mentioned in our Website may be the Intellectual Property of their respective owners.
3 Content Disclaimer
Postings on our Website are made at such times as RentSail determines in its discretion. You should not assume that the information contained on our Website has been updated or otherwise contains current information. RentSail does not review past postings to determine whether they remain accurate and information contained in such postings may have been superseded. The information and materials in our website are provided for your review in accordance with the notices, terms and conditions set forth herein. These materials are not guaranteed or represented to be complete, correct or up to date. These materials may be changed from time to time without notice.
Our Website may contain links to Websites owned or operated by parties other than RentSail. Such links are provided for your reference only. RentSail does not monitor or control outside Websites and is not responsible for their content. RentSail’s inclusion of links to an outside Website does not imply any endorsement of the material on our Website or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does RentSail’s inclusion of the links imply that RentSail is authorized to use any trade name, trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the linked Website.
4 No Warranties; Exclusion of Liability; Indemnification
Our website is operated by RentSail on an “As is,” “As available” basis, without representations or warranties of any kind. To the fullest extent permitted by law, RentSail specifically disclaims all warranties and conditions of any kind, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement for our website and any contracts and services you purchase through it. RentSail shall not have any liability or responsibility for any errors or omissions in the content of our website, for contracts or services sold through our website, for your action or inaction in connection with our website or for any damage to your computer or data or any other damage you may incur in connection with our website. Your use of our website and any contracts or services are at your own risk. In no event shall either RentSail or their agents be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of our website, contracts and services purchased through our website, the delay or inability to use our website or otherwise arising in connection with our website, contracts or related services, whether based on contract, tort, strict liability or otherwise, even if advised of the possibility of any such damages. In no event shall RentSail’s liability for any damage claim exceed the amount paid by you to RentSail for the transaction giving rise to such damage claim.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusion may not apply to you.
5 Purchasing services and Online Payments
The service provides details for available Subscription offers, which generally can be categorized as Commitment Offering.
- Commitment Offering
You commit in advance to purchase a specific quantity of Service for use during a Term and to pay upfront or on a periodic basis in advance of use.
By ordering or renewing a Subscription, you agree to the Offer Details for that Subscription. Unless otherwise specified in those Offer Details, Service are offered on an “as available” basis. Some offers may permit you to modify the quantity of Service ordered during the Term of a Subscription. Additional quantities of Service added to a Subscription will expire at the end of that Subscription.
- Pricing and payment
Payments are due and must be made according to the Offer Details for your Subscription. For Commitment Offerings, the price level may be based on the quantity of Service you ordered. Some offers may permit you to modify the quantity of Service ordered during the Term and your price level may be adjusted accordingly, but price level changes will not be retroactive. During the Term of your Subscription, prices for Service will not be increased, as to your Subscription, from those posted on the website at the time your Subscription became effective or was renewed, except where prices are identified as temporary in the Offer Details. All prices are subject to change at the beginning of any Subscription renewal.
Applicable fees will be applied to every transaction through the merchant account. The merchant has the ability to assign the fees to the user (tenant), or incur the fees themselves.
- $1.00 per transaction will be charged from RentSail for either ACH or Credit Card transactions.
- $0.30 + 1% of transaction value will be charged from WePay for ACH transactions (see WePay details below).
- $0.30 + 2.99% of transaction value will be charged from WePay for Credit Card transactions (see WePay details below).
For Commitment Offerings, automatic renewal is applied. You can cancel your selection at any time during the Term. If the existing Term is longer than one calendar month, we will provide you with notice of the automatic renewal before the expiration of the Term.
We do not issue refunds for partial subscription usage. You will have access to full usage of your account until the end of the current billing cycle.
Prices are exclusive of any taxes. You must pay any applicable value added, goods and services, sales, or like taxes that are owed with respect to any order placed under this agreement and which we are permitted to collect from you under applicable law. We will be responsible for all taxes based on our net income or on our property ownership.
All credit card/ACH processing, both for subscriptions and for Online Rent Payments through your merchant account, are handled by WePay Inc. You, or a sub user of your account may receive communication directly from WePay in regards to your subscription. RentSail does not store any credit card or banking information. We only store the necessary identification numbers in order to connect with WePay.
6 Term, termination, and suspension
- Agreement term and termination
This agreement will remain in effect until the expiration, termination, or renewal of your Subscription, whichever is earliest.
We may suspend your use of the Service if: (1) it is reasonably needed to prevent unauthorized access to Customer Data; (2) you fail to respond to a claim of alleged infringement within a reasonable time; (3) you do not pay amounts due under this agreement; or (4) you do not abide by the Acceptable Use Policy or you violate other terms of this Agreement. If one or more of these conditions occurs:
- For all Subscriptions, a suspension will apply to the minimum necessary part of the Service and will be in effect only while the condition or need exists. We will give notice before we suspend, except where we reasonably believe we need to suspend immediately. We will give at least 3 days’ notice before suspending for non-payment. If you do not fully address the reasons for the suspension within 60 days after we suspend, we may terminate your Subscription and delete your Customer Data without any retention period. We may also terminate your Subscription if your use of the Service is suspended more than twice in any 12-month period.
7 Limitation of liability
The aggregate liability of each party for all claims under this agreement is limited to direct damages up to the amount paid under this agreement for the Service during the 12 months before the cause of action arose; provided, that in no event will a party’s aggregate liability for any Online Service exceed the amount paid for that Online Service during the Subscription.
Neither party will be liable for loss of revenue or indirect, special, incidental, consequential, punitive, or exemplary damages, or damages for lost profits, revenues, business interruption, or loss of business information, even if the party knew they were possible or reasonably foreseeable.
- Exceptions to limitations
The limits of liability in this Section apply to the fullest extent permitted by applicable law, but do not apply to: (1) the parties’ obligations; or (2) violation of the other’s intellectual property rights.
- End Users
You control access by End Users, and you are responsible for their use of the Product in accordance with this agreement. For example, you will ensure End Users comply with the Terms of Service.
- Customer Data
You are solely responsible for the content of all Customer Data. You will secure and maintain all rights in Customer Data necessary for us to provide the Service to you without violating the rights of any third party or otherwise obligating RentSail to you or to any third party. RentSail does not and will not assume any obligations with respect to Customer Data or to your use of the Product other than as expressly set forth in this Agreement or as required by applicable law.
- Responsibility for your accounts
You are responsible for maintaining the confidentiality of any non-public authentication credentials associated with your use of the Service. You must promptly notify our customer support team about any possible misuse of your accounts or authentication credentials or any security incident related to the Service. You are responsible for providing and administering usernames and passwords for all Users (the “Log-In Information”). Each User must have a valid email and password for the purpose of accessing RentSail. You and your Users must keep all Log-In Information strictly confidential. Log-In Information may be used only by the assigned User and may not be shared or transferred without your consent and control. You and your Users are responsible for maintaining the confidentiality of that User’s email and password. You and your Users are responsible for any and all activities that occur under all your Users’ accounts. RentSail will not be liable for any loss that you or a User may incur as a result of someone else using your Users’ passwords or accounts, either with or without the applicable Users’ knowledge. RentSail does not guarantee the security of any information transmitted to or from you or any User over the Internet, including through the use of e-mail. Access to the Internet, if employed, is your and each User’s sole responsibility and the responsibility of Internet provider(s) you select.
9 Defense of claims
We will defend you against any claims made by an unaffiliated third party that a Product infringes that third party’s patent, copyright or trademark or makes unlawful use of its trade secret. You will defend us against any claims made by an unaffiliated third party that (1) any Customer Data, Customer Solution, or Non-RentSail Products, or services you provide, directly or indirectly, in using a Product infringes the third party’s patent, copyright, or trademark or makes unlawful use of its trade secret; or (2) arises from violation of the Acceptable Use Policy.
Each party must notify the other promptly of a claim under this Section. The party seeking protection must (i) give the other sole control over the defense and settlement of the claim; and (ii) give reasonable help in defending the claim. The party providing the protection will (1) reimburse the other for reasonable out-of-pocket expenses that it incurs in giving that help and (2) pay the amount of any resulting adverse final judgment or settlement. The parties’ respective rights to defense and payment of judgments (or settlement the other consents to) under this Section are in lieu of any common law or statutory indemnification rights or analogous rights, and each party waives such common law or statutory rights.
You agree to receive electronic notices from us, which will be sent by email to the account owner. Notices are effective on the date on the return receipt or, for email, when sent. You are responsible for ensuring that the account owner email address is accurate and current. Any email notice that we send to that email address will be effective when sent, whether or not you actually receive the email.
Failure to enforce any provision of this agreement will not constitute a waiver.
This agreement does not create an agency, partnership, or joint venture.
There are no third-party beneficiaries to this agreement.
This agreement is governed by Indiana law, without regard to its conflict of laws principles, except that (i) if you are a U.S. Government entity, this agreement is governed by the laws of the United States, and (ii) if you are a state or local government entity in the United States, this agreement is governed by the laws of that state. Any action to enforce this agreement must be brought in the State of Indiana. This choice of jurisdiction does not prevent either party from seeking injunctive relief in any appropriate jurisdiction with respect to violation of intellectual property rights.
This agreement is the entire agreement concerning its subject matter and supersedes any prior or concurrent communications.
Neither party will be liable for any failure in performance due to causes beyond that party’s reasonable control (such as fire, explosion, power blackout, earthquake, flood, severe storms, strike, embargo, labor disputes, acts of civil or military authority, war, terrorism (including cyber terrorism), acts of God, acts or omissions of Internet traffic carriers, actions or omissions of regulatory or governmental bodies (including the passage of laws or regulations or other acts of government that impact the delivery of Service)). This Section will not, however, apply to your payment obligations under this agreement.
If you are an individual accepting these terms on behalf of an entity, you represent that you have the legal authority to enter into this agreement on that entity’s behalf.
End of Terms
Please contact us with any questions.