Terms of Service

TERMS OF SERVICE M.S.J. & K. Inc. Effective Date: September 22, 2026 These Terms of Service, together with all policies, addenda, and other documents incorporated by reference herein (collectively, these "Terms"), constitute a legally binding agreement between M.S.J. & K. Inc., a Texas corporation with its principal place of business at 27530 Caradoc Springs Ct, Spring, TX 77386 ("Company," "we," "us," or "our"), and the individual or entity that registers for, accesses, or uses the Services ("Customer," "you," or "your"). BY CLICKING "I AGREE," BY REGISTERING FOR AN ACCOUNT, OR BY ACCESSING OR USING THE SERVICES IN ANY MANNER, YOU (A) REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS, (B) REPRESENT THAT YOU HAVE THE AUTHORITY TO ENTER INTO THESE TERMS ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT, AND (C) CONSENT TO THE USE OF ELECTRONIC RECORDS AND ELECTRONIC SIGNATURES AS DESCRIBED IN SECTION 23. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE SERVICES. THESE TERMS CONTAIN A MANDATORY, BINDING ARBITRATION PROVISION AND A CLASS ACTION AND JURY TRIAL WAIVER, AS SET FORTH IN SECTION 21, WHICH AFFECT YOUR LEGAL RIGHTS. PLEASE READ SECTION 21 CAREFULLY. YOU MAY OPT OUT OF ARBITRATION BY SENDING WRITTEN NOTICE WITHIN THIRTY (30) DAYS OF FIRST ACCEPTING THESE TERMS, AS DESCRIBED IN SECTION 21.4. 1. Definitions 1.1 Services means, without limitation, the hosted, web-based property management and accounting platform provided by Company, including without limitation any and all current and future features, functions, modules, tools, applications, application programming interfaces, integrations, dashboards, reporting tools, automation tools, communications tools, document and file storage tools, artificial-intelligence-assisted features and outputs, bank-feed and financial-data integrations, mobile applications, websites, and any other products, services, or functionality made available by Company now or in the future, whether described in this Section or not. 1.2 Customer Data means all information, data, content, files, documents, records, communications, metadata, submissions, and other materials of any kind, in any form or medium, that Customer or any Authorized User uploads, submits, inputs, transmits, generates, stores, or otherwise makes available to, through, or in connection with the Services, or that is received by Company on Customer's behalf through any integration, including without limitation tenant, lessee, landlord, owner, vendor, contractor, and occupant information; financial, accounting, banking, and payment information; leases, applications, and related documents; communications and correspondence; and any other information of any kind, whether or not specifically enumerated in these Terms. 1.3 Authorized User means any employee, contractor, agent, or other individual authorized by Customer to access or use the Services under Customer's account. 1.4 AI Features means any feature of the Services that uses machine learning, generative artificial intelligence, large language models, or similar automated technologies to generate, summarize, classify, predict, extract, draft, or otherwise process information, including any output thereof. 1.5 Legal Documents means these Terms and any other policy, addendum, schedule, disclosure, or notice referenced in Section 16. 2. Acceptance; Eligibility; Authority 2.1 Eligibility. Customer represents that it is at least eighteen (18) years of age (or the age of majority in its jurisdiction) and has the legal capacity and authority to enter into these Terms. If Customer is entering into these Terms on behalf of a company, organization, or other legal entity, Customer represents that it has the authority to bind that entity, in which case "Customer" refers to that entity. 2.2 Account Accuracy. Customer is solely responsible for ensuring that all registration and account information provided to Company is accurate, current, and complete, and for promptly updating such information as necessary. 3. The Services 3.1 General. Company provides Customer with access to the Services on a subscription and/or usage basis, subject to these Terms. The Services may include, without limitation, property management, tenant management, lease management, rent management and collection, maintenance management, accounting, financial reporting, document management, file storage, communications tools, dashboards, automation tools, reporting tools, AI Features, bank-feed integrations, third-party integrations, and any other current or future products, services, features, or functionality that Company elects, in its sole discretion, to make available under the Services, whether or not specifically identified in these Terms. 3.2 Changes to the Services. Company may, in its sole discretion and at any time, add, remove, modify, suspend, or discontinue any feature, function, or component of the Services, in whole or in part, with or without notice, and shall have no liability to Customer or any third party for doing so. 3.3 No Professional Services. The Services are software tools only. Company is not a law firm, accounting firm, financial institution, property management company, real estate brokerage, or provider of legal, tax, financial, or professional advisory services, and nothing in the Services constitutes such advice. 3.4 Availability and Maintenance. The Services are provided on an "as available" basis. COMPANY MAKES NO COMMITMENT AS TO UPTIME, AVAILABILITY, THROUGHPUT, OR RESPONSE TIME, OFFERS NO SERVICE LEVEL AGREEMENT AND NO AVAILABILITY CREDIT, AND NONE IS IMPLIED BY THESE TERMS, BY ANY DESCRIPTION OF THE SERVICES, OR BY ANY COURSE OF DEALING. Company may take the Services, or any part of them, out of service for scheduled or emergency maintenance, updates, upgrades, migration, repair, security response, or capacity work, at any time, with or without notice, and may impose or change rate limits, storage limits, usage limits, retention limits, and other technical restrictions at any time. Company will use commercially reasonable efforts to schedule planned maintenance at times likely to cause the least disruption; that effort is a courtesy and creates no obligation, no commitment, and no liability. Company does not control, and is not responsible for, the availability, performance, or continuity of any hosting provider, network, internet service, financial institution, data aggregator, payment processor, artificial-intelligence provider, or other third party on which the Services depend, and Section 25 (Force Majeure) applies to any failure or delay arising from any of them. NO INTERRUPTION, DEGRADATION, MAINTENANCE WINDOW, DEFECT, OR UNAVAILABILITY OF ANY DURATION OR CAUSE ENTITLES CUSTOMER TO ANY REFUND, CREDIT, OFFSET, DAMAGES, OR EXTENSION OF ANY SUBSCRIPTION TERM. Customer's sole and exclusive remedy for dissatisfaction with the availability of the Services is to cancel in accordance with the Subscription and Billing Terms. 4. Accounts and Access 4.1 Account Security. Customer is solely responsible for maintaining the confidentiality of its account credentials and for all activities that occur under its account, whether or not authorized by Customer, including without limitation activities of any Authorized User or any other person who gains access to Customer's account, with or without Customer's knowledge. 4.2 Authorized Users. Customer is solely responsible for the acts and omissions of its Authorized Users and for ensuring that Authorized Users comply with these Terms. Company has no obligation to verify the identity, authority, or permissions of any Authorized User. 4.3 Notification. Customer shall notify Company promptly of any unauthorized use of its account or any other breach of security, but Company shall have no liability for any loss or damage arising from Customer's failure to comply with this Section. 4.4 Communications. By creating an account, providing an email address and telephone number, and checking the applicable box at sign-in, Customer consents to receive account, transactional, and service communications from Company and its authorized service providers by email, telephone call, and text message, including through automated dialing systems and prerecorded or artificial voice messages, and to receive marketing or promotional messages by email. THAT CONSENT DOES NOT EXTEND TO MARKETING OR PROMOTIONAL TELEPHONE CALLS OR TEXT MESSAGES. A marketing or promotional telephone call or text message is made or sent only where a user has given the separate affirmative opt-in described in Section 35.2, and COMPANY WILL NOT MAKE OR SEND A MARKETING OR PROMOTIONAL TELEPHONE CALL OR TEXT MESSAGE TO A USER WHO HAS NOT GIVEN THAT OPT-IN. Message and data rates may apply and message frequency varies. CUSTOMER MAY OPT OUT OF MARKETING MESSAGES AT ANY TIME by using the unsubscribe link, replying STOP to a text message, or contacting support@tavolawest.com; Company may continue to send non-marketing messages necessary to operate the account, and opting out of marketing messages does not withdraw the Consent to Electronic Records and Signatures. Customer represents that any telephone number or email address it provides is its own or that it is authorized to use it, and shall notify Company promptly if that ceases to be the case. 5. Customer Data 5.1 Ownership. As between Company and Customer, Customer retains all right, title, and interest in and to Customer Data, subject to the rights granted to Company under Section 9 of these Terms. 5.2 Broad Scope. References in these Terms or in any other Legal Document to specific categories or examples of Customer Data (including without limitation tenant information, lease documents, or financial records) are illustrative only, are non-exclusive, and shall not be construed to limit the scope of "Customer Data" or any right, disclaimer, release, or limitation applicable thereto. Company's rights and disclaimers under these Terms extend to all information, data, content, files, documents, records, communications, metadata, submissions, and materials of any kind processed in connection with the Services, whether or not such information falls within a category expressly identified in these Terms, including information collected, generated, derived, or received incidentally, unintentionally, or as a byproduct of providing the Services. 6. Customer Representations and Warranties Customer represents and warrants, on a continuing basis throughout the term of these Terms, that: (a) Customer owns, controls, or otherwise possesses all necessary rights, title, interest, licenses, consents, and permissions in and to all Customer Data submitted to or processed through the Services, sufficient to grant the rights granted to Company under these Terms; (b) Customer has all requisite power, authority, and legal right to enter into and perform its obligations under these Terms and to provide Customer Data to the Services; (c) Customer has, and has obtained from all applicable third parties (including without limitation tenants, lessees, occupants, owners, applicants, vendors, and employees), all consents, authorizations, and permissions required under applicable law to collect, use, disclose, and submit such individuals' information to the Services and to authorize Company to host, process, store, and otherwise handle such information as contemplated by these Terms; (d) Customer's use of the Services, and all Customer Data, complies and will continue to comply with all applicable federal, state, local, and foreign laws, rules, and regulations, including without limitation those relating to landlord-tenant relationships, fair housing, privacy, data protection, consumer protection, financial services, and electronic communications; and (e) Customer's use of the Services does not and will not infringe, misappropriate, or violate the intellectual property, privacy, or other rights of any third party. 7. Customer Responsibility 7.1 Sole Responsibility for Data and Conduct. Customer is solely and exclusively responsible for: all Customer Data; all information submitted, uploaded, or transmitted by Customer or any Authorized User; all actions taken by Customer or any Authorized User through the Services; all information provided to or received through the Services; compliance with the rights of third parties, including tenants, lessees, owners, applicants, and vendors; providing all legally required privacy notices and obtaining all legally required consents; possessing all legal authority necessary to use the Services in connection with any property, lease, tenancy, or financial account; compliance with all applicable landlord-tenant, fair housing, consumer protection, financial, tax, and data protection laws; and all decisions made, and all actions taken or not taken, in reliance on any report, output, calculation, AI Feature output, or other information generated by, derived from, or accessed through the Services. 7.2 No Duty to Verify. Company has no obligation and undertakes no duty to review, verify, validate, monitor, or confirm the legality, accuracy, completeness, currency, ownership, or authorized status of any Customer Data or any other information submitted to, processed by, or generated through the Services, and Company's failure to identify any deficiency therein shall not give rise to any liability or claim against Company. 7.3 Prohibited Data. The Services are not designed, intended, or certified for, and Customer shall not submit to the Services: (a) payment card data, other than through a payment interface Company expressly provides for that purpose; (b) protected health information subject to the Health Insurance Portability and Accountability Act, Company being neither a covered entity nor a business associate and offering no business associate agreement; (c) biometric identifiers or biometric information; (d) information subject to export control, security classification, or comparable governmental restriction; (e) information collected FROM a child under thirteen (13) years of age, or submitted for the purpose of offering a product or service to a child; this does not restrict Customer from recording, as part of a household, lease, or occupancy record, the name, date of birth, and occupancy details of a minor residing at a property, which the Services support and which Customer submits on its own behalf and its own legal basis; and (f) any information Customer is prohibited by law, contract, or court order from disclosing to a service provider. Submission of any such information is a material breach of these Terms, and Company may remove it, suspend the account, or terminate under Section 17 without notice, refund, or liability. 7.4 Sensitive Information Submitted in the Ordinary Course. Customer acknowledges that operating a rental business may involve submitting information that is sensitive, including without limitation Social Security or taxpayer identification numbers, dates of birth, income and employment information, banking information, immigration or citizenship information, criminal, eviction, or credit history, and information relating to a disability or to a request for a reasonable accommodation. Customer represents and warrants that it holds all consents, authorizations, notices, and legal bases required to collect such information, to submit it to the Services, and to authorize Company to process it. Company processes such information as Customer Data under the safeguards described in Section 10 of the Privacy Policy and Section 5 of the Data Processing Addendum, which are appropriate to the nature of the information and the risk presented by processing it. COMPANY MAKES NO REPRESENTATION THAT IT HOLDS ANY CERTIFICATION, ATTESTATION, OR AUDIT REPORT, AND UNDERTAKES NO CATEGORY-SPECIFIC PROGRAM, CONTROL, OR STANDARD BEYOND THOSE SAFEGUARDS. Company has no duty to identify, classify, segregate, or separately flag such information within Customer Data, and no duty to detect that Customer has submitted it. Customer is solely responsible for determining whether it may lawfully collect, retain, and submit such information, and any claim arising from it is within the scope of Customer's indemnification obligation under Section 19. 8. License Grant 8.1 Limited License. Subject to Customer's compliance with these Terms, Company grants Customer a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Services during the applicable subscription term solely for Customer's internal business purposes. No other rights are granted, whether by implication, estoppel, or otherwise. 8.2 No Ownership; Reservation of Rights. Customer acquires no ownership interest in the Services, the underlying software, or any related intellectual property. Company and its licensors reserve all rights not expressly granted in this Section 8. This Section 8 constitutes the entirety of any license granted to Customer under these Terms and supersedes and replaces any separate license agreement previously issued by Company, which is hereby superseded in its entirety. 8.3 Restrictions. Customer shall not, and shall not permit any third party to: (i) copy, modify, or create derivative works of the Services; (ii) reverse engineer, decompile, or disassemble the Services; (iii) rent, lease, sell, sublicense, distribute, or otherwise transfer rights to the Services; (iv) remove or obscure any proprietary notices; (v) use the Services to build a competing product or service; or (vi) use the Services in violation of applicable law or in a manner that could damage, disable, or impair the Services or interfere with any other party's use thereof. 9. Company Data Rights 9.1 Right to Process. Customer grants Company a non-exclusive, worldwide, royalty-free right and license to host, store, process, retain, transmit, transfer, route, copy, reproduce, back up, analyze, monitor, audit, secure, troubleshoot, improve, and support the Services, and to use, access, and process Customer Data as reasonably necessary to provide, maintain, secure, support, and improve the Services, to develop new features, to prevent or address technical or security issues, to comply with applicable law, and to enforce these Terms. This license continues for so long as Company holds the Customer Data in question, including throughout the export, wind-down, backup, archival, and retention periods described in the Data Processing Addendum and the Retention Policy, and terminates as to identifiable Customer Data when that data is deleted or de-identified in accordance with those documents. Nothing in this Section authorizes disclosure of Customer Data to an external artificial-intelligence provider; that occurs only under the separate consent described in the AI-Assisted Services Consent and Addendum, and only for a feature Customer has purchased and consented to. 9.2 Subprocessors and Service Providers. Company may engage third-party service providers, subprocessors, hosting providers, and vendors to assist in providing the Services, and may disclose Customer Data to such parties as reasonably necessary for that purpose, subject to confidentiality obligations no less protective than those Company applies to its own confidential information generally. Each subprocessor that receives Customer Data is identified in the in-app Subprocessor Registry, and the Services refuse to transmit Customer Data to a provider that is not identified and enabled in that Registry. 9.3 De-Identified and Aggregated Information. Company may create de-identified and aggregated information from Customer Data, and may use, retain, reproduce, modify, distribute, commercialize, and otherwise exploit that information for any lawful business purpose, including without limitation to operate, secure, analyze, benchmark, develop, train, tune, test, improve, and market Company's products, services, and AI Features. The rights granted in this Section 9.3 are perpetual, irrevocable, worldwide, royalty-free, transferable, and sublicensable, and survive termination or expiration of these Terms and the deletion of the Customer Data from which the information was derived. Company will employ reasonable measures designed to ensure that such information cannot be used to infer information about, or otherwise be linked to, Customer, any individual, or any property; will maintain and use such information only in de-identified form and will not attempt to reidentify it, except solely to test the effectiveness of its own de-identification measures; and will contractually obligate any recipient of such information to comply with the same restrictions. De-identified and aggregated information is not Customer Data and is not personal information for the purposes of these Terms or any other Legal Document. 9.4 No Training on Identifiable Customer Data; No Opt-Out Required. Company does not use identifiable Customer Data to train, tune, or test any machine-learning model, and does not disclose Customer Data to any external artificial-intelligence provider for that purpose. Because the information described in Section 9.3 is de-identified and aggregated and is therefore not personal information, no opt-out is offered or required in respect of it, and none is implied by any other provision of these Terms. If Company ever proposes to use identifiable Customer Data to train, tune, or test a model, it will do so only under a separate, affirmative, versioned consent obtained in the manner described in the AI-Assisted Services Consent and Addendum, and never on the basis of these Terms alone. 9.5 Promotional Use. Company's right to use reviews, testimonials, customer references, Customer's name and marks, and other material Customer submits or designates for a public or promotional purpose is granted, limited, and qualified exclusively by Section 2.5 through Section 2.8 of the User Content Terms, and nothing in this Section 9 grants any promotional right in Customer Data held in Customer's account. Where this Section 9 and Section 2 of the User Content Terms address the same use, the narrower permission controls. 10. Artificial Intelligence Features 10.1 Availability. The Services may include optional AI Features. AI Features are provided on an experimental, "as is" basis and may be modified, limited, or discontinued at any time without notice. 10.2 No Warranty of Accuracy. AI FEATURES, AND ALL OUTPUT GENERATED THEREBY, MAY BE INACCURATE, INCOMPLETE, OUTDATED, BIASED, MISLEADING, OR OTHERWISE UNSUITABLE FOR CUSTOMER'S PURPOSES, AND MAY CONTAIN ERRORS. COMPANY DOES NOT WARRANT THE ACCURACY, RELIABILITY, COMPLETENESS, OR SUITABILITY OF ANY AI FEATURE OR ITS OUTPUT FOR ANY PURPOSE. 10.3 Not Professional Advice. AI Feature output does not constitute legal advice, accounting advice, tax advice, financial advice, or other professional advice of any kind, and must not be relied upon as such. Customer is solely responsible for independently reviewing, verifying, and validating any AI Feature output before relying on or acting upon it, including by consulting a qualified professional where appropriate. 10.4 Assumption of Risk. Customer assumes all risk arising from or relating to the use of, or reliance upon, any AI Feature or AI-generated output, including without limitation any decision made or action taken based thereon. 11. Bank Feed and Financial Data Integrations 11.1 Incorporation of Bank Feed Terms. Use of any bank-feed, financial-institution, or account-aggregation integration is additionally governed by Company's Bank Feed Terms, which are incorporated into these Terms by reference. In the event of a conflict between these Terms and the Bank Feed Terms with respect to bank-feed functionality specifically, the Bank Feed Terms shall control. 11.2 General Disclaimer. Company does not operate, control, or guarantee the services of any financial institution, data aggregator, or other third-party provider used to enable bank-feed functionality, and disclaims all liability arising from or relating to such third parties to the maximum extent permitted by Section 18 and Section 20 of these Terms. 12. Third-Party Services 12.1 General. The Services may integrate or interoperate with third-party products, services, websites, or platforms not owned or controlled by Company. Company does not endorse, control, or assume any responsibility for any third-party service, and Customer's use of any third-party service is at Customer's sole risk and subject to that third party's terms. 13. Fees and Payment 13.1 Fees. Customer shall pay all fees associated with its subscription plan and use of the Services, as set forth in the applicable order, pricing page, or invoice, which is incorporated herein by reference and may be modified by Company from time to time in accordance with Section 16. 13.2 Non-Payment. Company may suspend or terminate Customer's access to the Services immediately upon any failure to pay undisputed amounts when due, in addition to any other remedy available to Company. 13.3 Taxes. Fees are exclusive of all applicable taxes, and Customer is solely responsible for payment of all such taxes other than taxes based on Company's net income. 14. Intellectual Property 14.1 Company IP. The Services, including all software, technology, designs, know-how, trademarks, and all intellectual property rights therein (excluding Customer Data), are and shall remain the exclusive property of Company and its licensors. 14.2 Feedback. Any suggestions, ideas, or feedback provided by Customer regarding the Services may be used by Company for any purpose without compensation or attribution to Customer. 15. Confidentiality 15.1 General. Each party agrees to protect the other party's Confidential Information using reasonable care and not to disclose such information to third parties except as permitted by these Terms or required by law. This Section shall not be construed to limit Company's rights under Section 9. 16. Modifications to Terms and Policies 16.1 Sole Discretion to Modify. Company may, in its sole discretion, AT ANY TIME, FOR ANY REASON OR NO REASON, AND WITH OR WITHOUT PRIOR NOTICE TO CUSTOMER, modify, amend, replace, supplement, discontinue, remove, update, restate, correct, or otherwise revise these Terms or any other Legal Document, including without limitation any policy, addendum, schedule, disclosure, notice, consent, plan, feature description, pricing document, subprocessor disclosure, AI policy, or retention policy, and may introduce new Legal Documents governing the Services. Reasons include without limitation the addition, change, or removal of any feature or product; a change in law, regulation, or its interpretation; a change in a provider, subprocessor, or third-party service; a security, operational, or business need; or the correction of an error. This right is exercisable to the maximum extent permitted by applicable law. 16.1.1 Where the Law Requires More. Where applicable law requires advance notice of, or affirmative consent to, a particular change, Company will give that notice or obtain that consent to the extent the law requires and no further, and the remainder of this Section continues to apply to every other change. Nothing in this Section limits Section 16.4.1, under which a revision to a document requiring renewed acceptance takes effect but is not accepted by continued use alone. 16.2 Incorporation by Reference. All Legal Documents posted within the Services, on Company's website, in a customer or legal portal, or in any other Company-controlled location are incorporated into these Terms by reference, whether or not specifically cross-referenced herein. 16.3 Notice and Effectiveness. Publication of a revised Legal Document within the Services, on Company's website, or in any other Company-controlled location constitutes notice of that revision. Individual email or other direct notice is not required unless mandated by applicable law. Customer is solely responsible for periodically reviewing all Legal Documents. Legal Documents are effective immediately upon publication unless Company specifies a later effective date. 16.4 Acceptance by Continued Use. Except as provided in Section 16.4.1, Customer's continued access to or use of the Services following the publication of a revised Legal Document constitutes Customer's acceptance of that revised Legal Document. 16.4.1 Documents Requiring Renewed Acceptance. Certain Legal Documents are designated as requiring renewed acceptance, including these Terms, the Privacy Policy, the Data Processing Addendum, the AI-Assisted Services Consent and Addendum, the Third-Party Provider and Subprocessor Disclosure, the Bank Feed Terms, the Consent to Electronic Records and Signatures, and the Legacy History and Documents Terms. WHERE SUCH A DOCUMENT IS REVISED, CONTINUED USE ALONE DOES NOT CONSTITUTE ACCEPTANCE. Customer's acceptance of the prior version is withdrawn, and Customer must affirmatively accept the revised version; where acceptance of that document gates a feature, the feature is unavailable until Customer does so. The Services record each acceptance against the version in force at the time, and that record governs. If Customer does not agree to a revision, Customer's sole remedy is to discontinue use of the Services and, where applicable, terminate its subscription in accordance with these Terms. 16.5 Authoritative Version. The version of any Legal Document maintained by Company and reflected in Company's acceptance logs, audit logs, or similar business records shall be presumed to be the authoritative and controlling version accepted by Customer, absent manifest error. 17. Suspension and Termination 17.1 By Company. Company may suspend, restrict, or terminate Customer's access to the Services, or any portion thereof, at any time, with or without cause and with or without notice, including without limitation where Company reasonably believes Customer has violated these Terms, poses a security or legal risk, or where suspension or termination is otherwise reasonably necessary to protect Company, other customers, or third parties. 17.2 By Customer. Customer may terminate its subscription in accordance with the cancellation procedure made available by Company. No refunds shall be provided except as required by law or as Company otherwise determines in its sole discretion. 17.3 Effect of Termination. Upon termination, Customer's right to access the Services immediately ceases. Sections that by their nature should survive termination shall survive, including without limitation Sections 5-10 and 14-27. 18. Disclaimers 18.1 As Is. THE SERVICES, INCLUDING ALL AI FEATURES, REPORTS, OUTPUTS, AND THIRD-PARTY INTEGRATIONS, ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS," WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 18.2 No Guarantee. COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 19. Indemnification by Customer 19.1 Scope. Customer shall defend, indemnify, reimburse, and hold harmless Company, its owners, shareholders, officers, directors, employees, contractors, affiliates, successors, assigns, vendors, service providers, and subprocessors (each, an "Indemnified Party") from and against any and all claims, demands, suits, actions, proceedings, investigations, liabilities, losses, damages, penalties, fines, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) of any kind, arising out of or relating to, in whole or in part: (a) Customer Data or any other information submitted, uploaded, or transmitted by Customer or any Authorized User; (b) Customer's or any Authorized User's use of, or conduct in connection with, the Services; (c) any actual or alleged breach of these Terms or of any representation or warranty made by Customer; (d) Customer's actual or alleged violation of any law, regulation, or third-party right, including without limitation the rights of any tenant, lessee, owner, applicant, or other individual; (e) any decision made or action taken by Customer in reliance on any report, calculation, AI Feature output, or other information generated by or accessed through the Services; and (f) any dispute between Customer and any third party, including without limitation any tenant, lessee, owner, applicant, vendor, or Authorized User, without limitation to the foregoing examples. 19.2 Procedure. Company shall provide Customer with prompt notice of any claim subject to indemnification, and Customer shall have control of the defense and settlement thereof, provided that Company may participate in the defense with counsel of its own choosing at its own expense, and no settlement that imposes liability or obligation on any Indemnified Party or that does not include a full release of the Indemnified Parties may be entered into without Company's prior written consent. 20. Limitation of Liability 20.1 Exclusion of Certain Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ANY INDEMNIFIED PARTY (AS DEFINED IN SECTION 19) BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS, OR FOR BUSINESS INTERRUPTION OR LOSS OF BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. 20.2 Liability Cap. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL SUBSCRIPTION FEES ACTUALLY PAID BY CUSTOMER TO COMPANY FOR THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. IF CUSTOMER HAS PAID NO SUCH FEES, COMPANY'S TOTAL AGGREGATE LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, AND IN NO EVENT SHALL EXCEED ONE HUNDRED DOLLARS ($100). 20.3 Basis of the Bargain. Customer acknowledges that the disclaimers and limitations set forth in Sections 18 and 20 are a fundamental basis of the bargain between the parties and that Company would not be able to provide the Services on an economically reasonable basis without such disclaimers and limitations. 21. Dispute Resolution; Arbitration Agreement; Class Action Waiver 21.1 Agreement to Arbitrate. Except for disputes that qualify for small-claims court as set forth below, Customer and Company agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services (a "Dispute") shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules then in effect, rather than in court, except that either party may bring an individual action in small-claims court for Disputes that qualify. The arbitration shall be conducted by a single arbitrator and shall take place in Montgomery County, Texas, unless the parties agree otherwise. The full text of this Section 21 is incorporated into, and also constitutes, the standalone Arbitration Agreement and Class Action Waiver provided separately to Customer, and the two shall be read together and interpreted consistently. 21.2 Class Action, Collective Action, and Representative Action Waiver. CUSTOMER AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH PARTIES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. 21.3 Jury Trial Waiver. TO THE EXTENT ANY DISPUTE IS NOT SUBJECT TO ARBITRATION FOR ANY REASON, CUSTOMER AND COMPANY EACH KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY. 21.4 Right to Opt Out of Arbitration. Customer may opt out of the agreement to arbitrate and the class action waiver by sending written notice to Company within thirty (30) days after Customer first accepts these Terms. Notice must be sent to M.S.J. & K. Inc., 27530 Caradoc Springs Ct, Spring, TX 77386, Attn: Legal Notices, or by email to support@tavolawest.com with the subject line "Arbitration Opt-Out," and must state Customer's name, the email address on the account, and an unequivocal statement that Customer wishes to opt out of arbitration. A timely and complete notice is effective on receipt, and Company will confirm receipt. If Customer opts out, Sections 21.1 and 21.2 do not apply to Customer, and any Dispute shall instead proceed in the courts identified in Section 26.2; Section 21.3 continues to apply to the fullest extent permitted by applicable law. Opting out affects only this Section 21; every other provision of these Terms, including Section 19 (Indemnification by Customer) and Section 20 (Limitation of Liability), continues to apply in full. Opting out is not a condition of using the Services, is free of charge, and will not result in any adverse action, change in pricing, or reduction in service. A Customer who does not send a timely opt-out notice is bound by this Section 21 in its entirety, including the waivers in Sections 21.2 and 21.3. 21.4.1 Consumer Rules Where They Apply. Where the American Arbitration Association's Consumer Arbitration Rules apply to a Dispute under the AAA's own rules, those rules govern the arbitration in place of the Commercial Arbitration Rules, including as to the allocation of filing, administration, and arbitrator fees, and including any right to a hearing by telephone or videoconference or in the county where Customer resides rather than in the county named in Section 21.1. 21.4.2 No Retroactive Change. A revision to this Section 21 does not apply to a Dispute of which either party gave the other written notice before the revision was published. That Dispute is resolved under the version of this Section 21 in force when the notice was given. 21.5 Survival and Severability. This Section 21 shall survive termination of these Terms. If any portion of this Section 21 is found unenforceable, that portion shall be severed and the remainder of this Section 21 shall remain in full force and effect, except that if the class, collective, or representative action waiver in Section 21.2 is found unenforceable as to a particular Dispute, that Dispute shall proceed in court rather than in arbitration and the remainder of this Section 21 shall otherwise remain in effect. 22. Data Retention 22.1 Incorporation of Retention Policy. Company's retention and deletion practices with respect to Customer Data and related records are governed by Company's Retention Policy, incorporated herein by reference, which permits retention for business, operational, audit, security, legal, compliance, dispute-resolution, fraud-prevention, and business-continuity purposes, including retention of audit logs, acceptance records, security records, and backups for extended periods where reasonably necessary. 23. Electronic Communications and Signatures 23.1 Consent. Customer consents to receive communications, notices, disclosures, and agreements from Company electronically, and agrees that electronic signatures, clicks, and acceptances have the same legal effect as physical signatures, as further described in Company's E-SIGN Consent and Electronic Records Disclosure, incorporated herein by reference. 24. Export Control and Compliance 24.1 General. Customer shall comply with all applicable export control and economic sanctions laws in connection with its use of the Services, and represents that it is not located in, or a national or resident of, any country subject to a U.S. government embargo, and is not on any U.S. government restricted-party list. 25. Force Majeure 25.1 General. Company shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including without limitation acts of God, natural disasters, war, terrorism, labor disputes, internet or utility failures, third-party service provider failures, or governmental action. 26. Governing Law; Venue 26.1 Governing Law. These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws principles. 26.2 Venue. Subject to Section 21, exclusive venue for any action not subject to arbitration shall lie in the state or federal courts located in Montgomery County, Texas, and the parties consent to the personal jurisdiction of such courts. 27. General Provisions 27.1 Assignment. Customer may not assign or transfer these Terms without Company's prior written consent. Company may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets. 27.2 Severability. If any provision of these Terms is held unenforceable, the remaining provisions shall remain in full force and effect, and the unenforceable provision shall be modified to the minimum extent necessary to make it enforceable. 27.3 No Waiver. Company's failure to enforce any provision of these Terms shall not constitute a waiver of that or any other provision. 27.4 Entire Agreement. These Terms, together with all incorporated Legal Documents, constitute the entire agreement between the parties with respect to the Services and supersede all prior or contemporaneous agreements, whether written or oral, including any prior standalone license agreement. 27.5 Independent Contractors. The parties are independent contractors, and nothing in these Terms creates a partnership, joint venture, agency, or employment relationship. 27.6 Notices. Legal notices to Company shall be sent to 27530 Caradoc Springs Ct, Spring, TX 77386, Attn: Legal Notices, with a copy to support@tavolawest.com. Notices to Customer may be provided electronically as described in Section 23. 27.7 Errors, Omissions, and Corrections. COMPANY IS NOT RESPONSIBLE OR LIABLE FOR ANY TYPOGRAPHICAL, CLERICAL, PRINTING, ENCODING, TRANSCRIPTION, ROUNDING, DISPLAY, TRANSLATION, OR OTHER ERROR OR OMISSION OF ANY KIND in these Terms, in any other Legal Document, in the Services, or in any pricing page, order, quote, invoice, description, screen, report, email, or other material, whether or not Company was aware of it. Company may correct any such error at any time, with or without notice, INCLUDING AFTER AN ORDER HAS BEEN SUBMITTED OR A CHARGE HAS BEEN MADE. NO ERROR CREATES ANY RIGHT, ENTITLEMENT, PRICE, DISCOUNT, OBLIGATION, OR WAIVER, and no error is an offer Company is bound to honor. 27.7.1 What Correction Means After a Charge. Where an error has already resulted in an order or a charge, Company may (a) correct the error prospectively, (b) cancel or decline the affected order or entitlement and refund any amount already charged for it, or (c) offer Customer the corrected price, which Customer may accept or decline. COMPANY WILL NOT CHARGE CUSTOMER MORE THAN THE AMOUNT CUSTOMER AUTHORIZED WITHOUT CUSTOMER'S AGREEMENT TO THE CORRECTED AMOUNT. If Customer declines the corrected price, Company's remedy is to cancel the affected order and refund it, and Customer's remedy is that refund. Where an error caused an OVERCHARGE, Company will refund the difference. 27.7.2 Preserved. Nothing in this Section limits Section 16 or Section 20, or affects any right under the Cancellation and Refund Policy, including Section 3.1 of that Policy (rights conferred by consumer protection law that cannot be waived). 28. Tenant Screening, Consumer Reports, and Adverse Action 28.1 Company Is Not a Consumer Reporting Agency. COMPANY IS NOT A CONSUMER REPORTING AGENCY AS THAT TERM IS DEFINED IN THE FAIR CREDIT REPORTING ACT, 15 U.S.C. SECTION 1681a(f), AND IS NOT A RESELLER, FURNISHER, OR END USER OF CONSUMER REPORTS EXCEPT AS EXPRESSLY STATED IN SECTION 30. Company does not assemble or evaluate consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and does not act as a "consumer reporting agency," "credit bureau," "tenant screening company," "background screening company," or "investigative consumer reporting agency" under any federal, state, or local law. 28.2 No Selection Decision. COMPANY DOES NOT MAKE, PARTICIPATE IN, RECOMMEND, SCORE, RANK, OR INFLUENCE ANY TENANT SELECTION, LEASING, RENEWAL, PRICING, DEPOSIT, GUARANTOR, OCCUPANCY, OR EVICTION DECISION. Every such decision is made by Customer alone, on Customer's own criteria, and at Customer's sole risk. Company neither approves nor denies any applicant, and no feature, field, label, indicator, color, ordering, sort, filter, summary, or output of the Services constitutes an approval, denial, recommendation, endorsement, or adverse characterization of any applicant, tenant, occupant, guarantor, or other individual. 28.3 Screening Output Is Informational Only. Where the Services display, store, transmit, route, organize, summarize, or provide access to any tenant screening report, credit report, credit score, criminal history, eviction history, sex offender registry result, employment or income verification, rental history, reference, or comparable information (collectively, "Screening Information"), that Screening Information is provided for Customer's informational convenience only. It is obtained from Customer or from a third-party provider selected by or made available to Customer, is not generated, verified, investigated, corrected, updated, or adopted by Company, and does not become a statement, representation, or report of Company by reason of passing through, being stored in, or being displayed by the Services. 28.4 No Warranty of Accuracy. COMPANY DOES NOT WARRANT, GUARANTEE, OR REPRESENT THE ACCURACY, COMPLETENESS, CURRENCY, LAWFULNESS, RELIABILITY, OR SUITABILITY OF ANY SCREENING INFORMATION, AND DOES NOT WARRANT THAT ANY SCREENING INFORMATION RELATES TO THE INDIVIDUAL IT PURPORTS TO DESCRIBE. Screening Information may be inaccurate, incomplete, outdated, mismatched to the wrong individual, missing records, or unlawful to consider in Customer's jurisdiction. Company has no duty to investigate, reinvestigate, verify, dispute, correct, update, delete, or reassess any Screening Information, and no duty to detect or notify Customer of any error in it. 28.5 Customer's Compliance Obligations. CUSTOMER IS SOLELY RESPONSIBLE FOR COMPLIANCE WITH THE FAIR CREDIT REPORTING ACT AND EVERY COMPARABLE OR ADDITIONAL FEDERAL, STATE, COUNTY, AND MUNICIPAL LAW governing the procurement, use, retention, disclosure, and disposal of Screening Information, including without limitation: establishing and certifying a permissible purpose; obtaining each required written authorization and disclosure in the form and at the time the law requires; observing any applicable ban-the-box, fair-chance, look-back-period, individualized-assessment, source-of-income, criminal-record, eviction-record, credit-history, or income-ratio restriction; observing all fair housing and anti-discrimination requirements; and securely disposing of Screening Information as required by law. 28.6 Adverse Action Notices Are Customer's Obligation. IF CUSTOMER TAKES ANY ADVERSE ACTION IN WHOLE OR IN PART ON THE BASIS OF INFORMATION IN A CONSUMER REPORT, CUSTOMER — NOT COMPANY — IS SOLELY RESPONSIBLE FOR ISSUING EVERY REQUIRED ADVERSE ACTION NOTICE, in the form, by the method, to the recipients, and within the time period required by applicable law, and for including every required disclosure, including the identity and contact information of the consumer reporting agency, the statement that the agency did not make the decision and cannot explain it, the notice of the right to obtain a free copy of the report, and the notice of the right to dispute its accuracy. Company does not issue, prepare, populate, transmit, monitor, track, schedule, or retain adverse action notices on Customer's behalf, does not confirm that any has been issued, and makes no representation that any template, reminder, checklist, or feature of the Services satisfies any adverse action requirement. The presence or absence of any such feature does not relieve Customer of any obligation. 28.7 Disputes by Consumers. Any dispute, request for reinvestigation, request for correction, request for disclosure of file, or request for the source of information concerning Screening Information must be directed to the consumer reporting agency or other source that produced it, not to Company. Company is not obliged to, and does not, reinvestigate or adjudicate such a dispute, and forwarding one to Company does not toll, satisfy, or transfer any obligation of Customer or of any consumer reporting agency. 28.8 Third-Party Screening Providers. Any tenant screening, background check, credit, identity, income, or employment verification product made available through or alongside the Services is provided by an independent third party under that third party's own terms, authorizations, and privacy notices, which Customer and the individual screened must accept directly. Company does not control, supervise, audit, endorse, or guarantee any such provider, is not a party to the relationship between Customer and that provider or between that provider and any consumer, and disclaims all liability arising from or relating to that provider to the maximum extent permitted by Sections 18 and 20. 28.9 Indemnification. Any claim, demand, investigation, penalty, or proceeding arising out of or relating to Screening Information, tenant selection, adverse action, fair housing, or Customer's compliance or non-compliance with the Fair Credit Reporting Act or any comparable law is within the scope of Customer's indemnification obligation under Section 19. 29. Rent Collection and Payment Processing 29.1 Role of Company; Not a Bank or Money Transmitter. The Services provide software that allows Customer to request, schedule, record, and reconcile payments from tenants and other payers. PAYMENT PROCESSING ITSELF IS PERFORMED BY AN INDEPENDENT THIRD-PARTY PAYMENT PROCESSOR UNDER A MERCHANT ACCOUNT HELD BY CUSTOMER, NOT BY COMPANY. COMPANY IS NOT A BANK, TRUST COMPANY, CREDIT UNION, MONEY SERVICES BUSINESS, MONEY TRANSMITTER, PAYMENT INSTITUTION, ESCROW AGENT, TRUSTEE, FIDUCIARY, DEBT COLLECTOR, OR COLLECTION AGENCY, AND DOES NOT ACT AS THE MERCHANT OF RECORD FOR ANY PAYMENT BETWEEN A PAYER AND CUSTOMER. Company does not take custody, possession, or control of tenant funds, does not hold funds in trust or in any client, escrow, or fiduciary account, and does not commingle, invest, advance, or guarantee any funds. Funds move under the rules of the payment processor, the card networks, the automated clearing house system, and Customer's own merchant agreement, to which Company is not a party. 29.2 Customer's Merchant Relationship. Customer is solely responsible for establishing and maintaining its merchant account and its relationship with the payment processor, for satisfying that processor's underwriting, verification, and ongoing compliance requirements, for all fees, reserves, holds, rolling reserves, minimums, penalties, and assessments imposed by that processor or by any card network or financial institution, and for complying with all applicable network rules, including the Payment Card Industry Data Security Standard and the operating rules of Nacha. Termination, suspension, limitation, reserve, or hold imposed on Customer's merchant account by the processor or any network is a matter between Customer and that party, and Company has no obligation and no liability in respect of it. 29.3 Payment Authorizations. Where a payer authorizes a one-time or recurring payment through the Services, that authorization runs to Customer and to the payment processor. Customer is solely responsible for obtaining, in the form and with the disclosures required by applicable law and by the applicable network rules, each authorization necessary to initiate a debit or charge, including without limitation any written authorization required by Nacha for a recurring automated clearing house debit, any disclosure of the amount, frequency, and timing of recurring payments, any notice of a change in amount or date, and any record retention required in respect of that authorization. Customer is responsible for honoring the revocation of any authorization, for ceasing to initiate payments after revocation, and for the consequences of initiating any payment after an authorization has been revoked, has expired, or was never validly obtained. 29.4 Cancellation of Recurring Payments; Timing. A payer or Customer may cancel or modify a scheduled or recurring payment only in accordance with the cancellation mechanism and cut-off times made available through the Services or by the payment processor. A PAYMENT THAT HAS ALREADY BEEN SUBMITTED FOR PROCESSING CANNOT BE CANCELLED, RECALLED, OR REVERSED BY COMPANY. Payment timing, settlement timing, funding availability, hold periods, and payout schedules are determined by the payment processor, the originating and receiving financial institutions, and applicable network rules, and are outside Company's control. COMPANY MAKES NO REPRESENTATION OR WARRANTY AS TO WHEN ANY PAYMENT WILL BE INITIATED, CLEARED, SETTLED, RETURNED, OR DEPOSITED, and any date displayed in the Services is an estimate only. 29.5 Failed, Returned, and Rejected Payments. A payment may fail, be returned, be rejected, be reversed, or be unwound at any time for reasons including without limitation insufficient funds, a closed, frozen, or invalid account, an expired, declined, restricted, or invalid payment method, a stop-payment order, a revoked authorization, an administrative or processing error, a suspected-fraud hold, a network return, or a decision of the payer's or Customer's financial institution. CUSTOMER BEARS THE FULL RISK OF EVERY FAILED, RETURNED, OR REVERSED PAYMENT. Customer is responsible for pursuing the payer for any resulting shortfall, for any returned-item, non-sufficient-funds, or late fee it wishes to assess (and for the lawfulness of assessing it), and for correcting its own records. Company may reverse, adjust, annotate, or re-characterize a recorded payment within the Services to reflect information received from the payment processor, and the records of the payment processor and the relevant financial institutions, not the records displayed in the Services, govern what actually occurred. 29.6 Chargebacks, Disputes, and Recoveries. A payer may dispute a payment or initiate a chargeback, claim, or return with its financial institution or card network. AS BETWEEN COMPANY AND CUSTOMER, CUSTOMER IS SOLELY RESPONSIBLE FOR EVERY CHARGEBACK, DISPUTE, CLAIM, RETURN, REVERSAL, FINE, PENALTY, AND ASSOCIATED FEE ARISING FROM A PAYMENT MADE TO CUSTOMER, together with the cost of responding to it. Customer is responsible for gathering and submitting evidence and for meeting every deadline set by the processor or network; Company has no obligation to represent, defend, respond on behalf of, or gather evidence for Customer, and no obligation to contest any chargeback. If Company, or any Indemnified Party, is charged, debited, offset, assessed, or held responsible for any amount arising from a payment to or from Customer — including a chargeback, return, reversal, fine, penalty, or negative balance — Customer shall reimburse that amount in full on demand, and Company may set off that amount against any amount otherwise payable to Customer and may charge any payment method on file for it. 29.7 Fraud, Risk Controls, and Suspension. Company and the payment processor may apply risk controls, velocity limits, holds, verification steps, and monitoring to payment activity. COMPANY MAY, IN ITS SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DELAY, DECLINE, SUSPEND, LIMIT, OR TERMINATE PAYMENT FUNCTIONALITY, in whole or in part, where it suspects fraud, money laundering, prohibited activity, unauthorized use, a violation of law or network rules, or an elevated risk of loss, or where instructed or permitted to do so by the payment processor, a network, or a financial institution. Customer shall cooperate promptly and in good faith with any investigation of suspected fraud or unauthorized activity, including by providing documentation, lease records, identity information, and transaction detail reasonably requested by Company, the payment processor, a network, or a regulator. Nothing in this Section obliges Company to monitor for, detect, investigate, or prevent fraud, and Company's exercise or non-exercise of any risk control creates no duty, warranty, or course of dealing. 29.8 No Guarantee of Payment. COMPANY DOES NOT GUARANTEE, INSURE, UNDERWRITE, ADVANCE, FACTOR, OR ASSUME ANY OBLIGATION FOR THE PAYMENT OF RENT OR ANY OTHER AMOUNT OWED TO CUSTOMER. COMPANY IS NOT A COLLECTION AGENCY AND DOES NOT COLLECT DEBTS ON CUSTOMER'S BEHALF. Company is not responsible for non-payment, late payment, partial payment, or misapplication of payment by any payer, and is not a party to any lease, tenancy, rental agreement, guaranty, or payment obligation between Customer and any other person. Any dispute regarding whether an amount is owed, was paid, or was properly applied is between Customer and the payer. 29.9 Payment Records. Payment records displayed in the Services are a convenience and may be delayed, incomplete, provisional, or superseded by information later received from the payment processor. Customer is solely responsible for reconciling payment records against the statements and reports issued by the payment processor and by its financial institution, and for identifying and correcting any discrepancy. 30. Rent Reporting 30.1 Optional and Opt-In. Any feature that reports rent payment activity to a consumer reporting agency is optional and operates only where the participating party has affirmatively opted in through the mechanism the Services provide. Company does not enroll any individual automatically, and does not report the payment activity of any individual who has not opted in or who has withdrawn that opt-in in accordance with the procedure then made available. 30.2 Authorization. By opting in, the participating individual authorizes Company and its rent-reporting service providers to receive, verify, process, and furnish to one or more consumer reporting agencies information concerning that individual's rent payment obligations and payment history, including without limitation the identity of the landlord or property, the address of the rented premises, the lease term, the amount due, the amount and date of payments made, and the status of the account, and authorizes Company to collect and transmit identifying information reasonably necessary for the consumer reporting agency to match that information to the correct consumer file, which may include full legal name, date of birth, current and prior addresses, and, where required by the receiving agency, a Social Security number or individual taxpayer identification number. Customer represents and warrants that any information it supplies in connection with rent reporting is accurate and that it holds every consent and legal basis necessary for Company to process and furnish it. 30.3 Adverse Impact. RENT REPORTING MAY HARM AS WELL AS HELP. Reported information may include late, partial, missed, or delinquent payments, charge-offs, balances owed, and the termination of a tenancy. REPORTING MAY LOWER A CREDIT SCORE, MAY APPEAR ON A CONSUMER REPORT FOR YEARS, AND MAY AFFECT ELIGIBILITY FOR CREDIT, INSURANCE, EMPLOYMENT, OR HOUSING. Each participating individual should consider this before opting in. 30.4 No Guarantee of Any Credit Outcome. COMPANY DOES NOT GUARANTEE, REPRESENT, OR PROMISE THAT ANY INFORMATION WILL BE ACCEPTED BY ANY CONSUMER REPORTING AGENCY, THAT IT WILL APPEAR ON ANY CONSUMER REPORT OR IN ANY PARTICULAR CREDIT FILE, THAT IT WILL BE USED IN ANY CREDIT SCORE OR SCORING MODEL, THAT ANY CREDIT SCORE WILL INCREASE, OR THAT ANY CREDIT PROFILE, APPROVAL, RATE, OR TERM WILL IMPROVE. Consumer reporting agencies and scoring model developers determine independently whether and how to accept, match, retain, weight, display, or score any information furnished, and may decline, delay, modify, suppress, or remove it at any time. Company does not control and is not responsible for the acts, omissions, decisions, data practices, matching logic, scoring models, retention periods, or errors of any consumer reporting agency, scoring model developer, lender, insurer, employer, landlord, or other user of a consumer report. 30.5 Disputes. A participating individual who believes reported information is inaccurate or incomplete may dispute it with the consumer reporting agency that received it, and may also notify Company through the contact channel identified in Section 39. On receipt of a notice of dispute, Company will conduct such review as it reasonably determines is appropriate in its role and will, where it determines the information it furnished was inaccurate or incomplete, correct, update, or instruct the deletion of that information with the agency to which it was furnished. NOTHING IN THIS SECTION MAKES COMPANY A CONSUMER REPORTING AGENCY, and Company does not reinvestigate the underlying tenancy, adjudicate whether rent was in fact owed or paid, or resolve any dispute between Customer and the individual. Where the dispute concerns whether an amount was due or paid, the participating individual and Customer must resolve that between themselves, and Customer shall cooperate promptly with any correction reasonably required. 30.6 Furnisher Obligations. Where Company furnishes information to a consumer reporting agency under this Section, it does so as a furnisher within the meaning of applicable law and undertakes only those obligations that applicable law imposes on a furnisher. Customer acknowledges that the accuracy of what is furnished depends on the accuracy, completeness, and timeliness of the lease, charge, and payment information Customer maintains in the Services, and CUSTOMER IS SOLELY RESPONSIBLE FOR THE ACCURACY OF THAT INFORMATION and for promptly correcting it. Any claim, demand, investigation, penalty, or proceeding arising out of or relating to information Customer supplied, maintained, or failed to correct is within the scope of Customer's indemnification obligation under Section 19. 30.7 Discontinuation. Company may modify, suspend, limit, or discontinue rent reporting, in whole or in part, for any individual, property, or jurisdiction, at any time and without notice or liability, including where a consumer reporting agency or service provider ceases to accept the information. Discontinuation does not require any consumer reporting agency to remove information already furnished. 31. Insurance Offerings 31.1 No Insurance Relationship. COMPANY IS NOT AN INSURER, INSURANCE CARRIER, INSURANCE AGENCY, INSURANCE BROKER, PRODUCER, MANAGING GENERAL AGENT, THIRD-PARTY ADMINISTRATOR, OR ADJUSTER, AND IS NOT LICENSED IN ANY JURISDICTION TO TRANSACT INSURANCE. Company does not underwrite, issue, bind, countersign, endorse, rate, price, service, adjust, or administer any policy of insurance, does not accept or transmit premium as an agent of any insurer, does not adjudicate or administer any claim, and does not solicit or negotiate insurance except to the extent, if any, that it holds a licence expressly disclosed to Customer in writing. 31.2 Third-Party Products. Any insurance product referenced, described, displayed, offered, or made available through or alongside the Services — including without limitation renters insurance, liability insurance, landlord or dwelling insurance, security-deposit alternatives, surety bonds, and tenant-default or rent-guarantee products — is offered and issued by an independent third-party insurer, agency, or producer under that party's own application, terms, disclosures, and licensing. The contract of insurance is between that third party and the policyholder; Company is not a party to it and acquires no obligation under it. 31.3 No Guarantee of Coverage. COMPANY DOES NOT GUARANTEE THAT ANY POLICY IS OR WILL BE ISSUED, IS OR REMAINS IN FORCE, IS SUITABLE FOR ANY PURPOSE, SATISFIES ANY LEASE, LENDER, STATUTORY, OR REGULATORY REQUIREMENT, OR THAT ANY CLAIM WILL BE COVERED, ACCEPTED, OR PAID. Company does not verify, monitor, track, confirm, or enforce the existence, scope, limits, deductibles, exclusions, endorsements, premium status, renewal, cancellation, lapse, or continued validity of any policy, whether or not the Services display a certificate, declaration page, evidence of insurance, expiry date, or status indicator, and whether or not such a display is presented as current. 31.4 Summaries Are Convenience Only. ANY SUMMARY, SCHEDULE, FIELD, LABEL, REMINDER, INDICATOR, OR DESCRIPTION OF INSURANCE PRESENTED IN THE SERVICES IS FOR CONVENIENCE ONLY, IS NOT A STATEMENT OF COVERAGE, AND IS NOT A CERTIFICATE OF INSURANCE. It may be inaccurate, incomplete, or out of date. The actual policy, endorsements, declarations, and applicable law govern in all respects, and each of Customer and the policyholder is solely responsible for reading and understanding the actual policy and for confirming coverage directly with the insurer or producer. 31.5 No Advice. Nothing in the Services constitutes insurance advice or a recommendation that any person purchase, decline, retain, or cancel any policy or coverage amount. Company disclaims all liability arising from or relating to any insurance product, insurer, agency, or producer to the maximum extent permitted by Sections 18 and 20. 32. Maintenance, Vendors, and Service Coordination 32.1 Scope. This Section governs any feature of the Services, now or in the future, that receives, records, routes, schedules, assigns, dispatches, tracks, prices, approves, or otherwise coordinates maintenance requests, work orders, inspections, turnovers, repairs, or vendor or contractor services, whether or not any such feature is currently offered. 32.2 Coordination Only; No Provision of Services. COMPANY DOES NOT PERFORM, SUPERVISE, DIRECT, INSPECT, CONTROL, OR WARRANT ANY MAINTENANCE, REPAIR, CONSTRUCTION, INSPECTION, CLEANING, LANDSCAPING, PEST CONTROL, OR OTHER PHYSICAL SERVICE, AND IS NOT A CONTRACTOR, SUBCONTRACTOR, PROPERTY MANAGER, MAINTENANCE PROVIDER, OR EMPLOYER OF ANY VENDOR. The Services provide software for coordination and recordkeeping only. 32.3 Vendors Are Independent Contractors. Every vendor, contractor, technician, or service provider engaged in connection with a maintenance request is an independent contractor of Customer or of the property owner, and is not an employee, agent, partner, joint venturer, or representative of Company. LISTING, ROUTING, SUGGESTING, RANKING, OR MAKING A VENDOR AVAILABLE THROUGH THE SERVICES IS NOT AN ENDORSEMENT, RECOMMENDATION, CERTIFICATION, OR GUARANTEE of that vendor's licensure, bonding, insurance, qualifications, background, workmanship, pricing, timeliness, safety, or fitness. Customer is solely responsible for selecting, vetting, licensing-verifying, insuring, contracting with, instructing, supervising, and paying every vendor, and for confirming that each vendor is properly licensed, bonded, and insured for the work performed. 32.4 Scheduling and Access to Premises. Customer is solely responsible for obtaining every legally required consent and for giving every legally required notice of entry to any tenant or occupant before any vendor or other person enters a dwelling or premises, for complying with all applicable notice-period, time-of-day, and emergency-entry requirements, and for the security of keys, codes, lockboxes, and other means of access. COMPANY DOES NOT VERIFY THAT NOTICE WAS GIVEN OR THAT ENTRY IS LAWFUL, and any scheduling feature, reminder, or notice template in the Services is a convenience only and is not a determination that entry is permitted. 32.5 Costs, Estimates, and Approvals. Trip charges, diagnostic fees, estimates, quotes, change orders, materials, labor rates, markups, taxes, and final invoices are set by the vendor and agreed between the vendor and Customer. AN ESTIMATE DISPLAYED IN THE SERVICES IS NOT A QUOTE, A CAP, OR A COMMITMENT, and the final cost may differ. Customer is solely responsible for reviewing and approving work and cost, for any approval threshold or standing authority it configures, for every amount charged by a vendor, and for payment of every such amount. Company does not guarantee any price and is not responsible for any amount charged, overcharged, or disputed. 32.6 Emergencies. Where Customer configures or grants emergency dispatch authority, or where a request is designated an emergency, Customer authorizes the dispatch of a vendor and the incurring of cost within the parameters Customer has set, without further approval. CUSTOMER REMAINS SOLELY RESPONSIBLE FOR ALL COST SO INCURRED AND FOR DETERMINING WHAT CONSTITUTES AN EMERGENCY, for compliance with habitability and emergency-repair obligations, and for taking reasonable steps to mitigate damage. COMPANY HAS NO DUTY TO DETECT, CLASSIFY, ESCALATE, PRIORITIZE, OR RESPOND TO ANY EMERGENCY, no duty to dispatch, and no duty to ensure that any request is received, read, routed, or acted upon within any period of time. THE SERVICES ARE NOT AN EMERGENCY SERVICE AND MUST NOT BE RELIED ON WHERE LIFE, HEALTH, SAFETY, OR PROPERTY IS AT RISK; in any such circumstance the appropriate emergency authority must be contacted directly. 32.7 Liability. COMPANY IS NOT RESPONSIBLE FOR AND DISCLAIMS ALL LIABILITY ARISING FROM OR RELATING TO: THE WORKMANSHIP, QUALITY, SAFETY, COMPLETENESS, OR CODE-COMPLIANCE OF ANY WORK; ANY DELAY, NON-APPEARANCE, ABANDONMENT, OR FAILURE TO PERFORM BY ANY VENDOR; ANY DAMAGE TO PERSON OR PROPERTY CAUSED BY ANY VENDOR OR BY ANY WORK; ANY THEFT, LOSS, OR UNAUTHORIZED ENTRY; ANY HABITABILITY, CODE, OR PERMITTING VIOLATION; AND ANY DISPUTE BETWEEN CUSTOMER, A TENANT, AN OWNER, AND A VENDOR. Any such matter is within the scope of Customer's indemnification obligation under Section 19 and subject to Sections 18 and 20. 33. Accounting, Bookkeeping, and Data Integrations 33.1 Scope. This Section governs any integration, import, export, synchronization, mapping, or file exchange between the Services and any external accounting, bookkeeping, tax, spreadsheet, payroll, banking, or business system, in either direction, whether performed automatically, on a schedule, or on demand. 33.2 Informational Output Only. ALL ACCOUNTING OUTPUT OF THE SERVICES — INCLUDING WITHOUT LIMITATION LEDGERS, JOURNALS, TRIAL BALANCES, CHART-OF-ACCOUNT STRUCTURES, PROFIT AND LOSS STATEMENTS, BALANCE SHEETS, CASH-FLOW REPORTS, RECONCILIATIONS, DEPRECIATION SCHEDULES, OWNER STATEMENTS, TAX-RELATED SUMMARIES, AND EXPORTS — IS INFORMATIONAL ONLY, IS NOT AUDITED, IS NOT PREPARED BY AN ACCOUNTANT, AND IS NOT A FINANCIAL STATEMENT, TAX RETURN, TAX ADVICE, OR ATTESTATION. It is not prepared in accordance with generally accepted accounting principles or any other accounting framework unless Customer itself configures it to be, and Company makes no representation that it is. 33.3 Synchronization and Mapping Limitations. Integrations depend on systems, formats, interfaces, and permissions Company does not control. Synchronization may be delayed, partial, duplicated, out of order, reversed, skipped, or unavailable; records may fail to match, may match incorrectly, or may be created, merged, or overwritten in either system; account, class, category, property, tenant, and tax mappings may be incomplete, ambiguous, or wrong; and changes made in one system may not propagate to the other. CHARACTER ENCODING, ROUNDING, CURRENCY, DATE, PERIOD, SIGN, AND FIELD-LENGTH DIFFERENCES BETWEEN SYSTEMS MAY ALTER OR TRUNCATE DATA ON IMPORT OR EXPORT. 33.4 Customer Must Verify. CUSTOMER IS SOLELY RESPONSIBLE FOR REVIEWING, VERIFYING, RECONCILING, AND CORRECTING ALL FINANCIAL DATA, MAPPINGS, AND OUTPUT BEFORE RELYING ON IT, before transmitting it to any third party, and before using it for any filing, statement, distribution, loan, audit, or tax purpose, and for maintaining independent books and records as required by law. Company does not warrant the accuracy, completeness, or correctness of any accounting output, mapping, import, or export, and has no duty to detect or notify Customer of any error, omission, or mismatch. Customer should engage a qualified accountant or tax professional; the Services are not a substitute for one, as stated in Section 3.3. 33.5 Relationship to Other Terms. Where an integration involves an external artificial-intelligence provider, Section 10 and the AI-Assisted Services Consent and Addendum apply and govern. Where it involves a financial institution or aggregator, Section 11 and the Bank Feed Terms apply and govern. Where it involves imported historical records, the Legacy History and Documents Terms apply and govern. In the event of a conflict, the more specific document controls as to the functionality it addresses. 34. Identity Verification 34.1 Verification Is Not Guarantee. Where the Services or a third-party provider offer any identity, document, address, income, employment, or business verification, VERIFICATION IS NOT A GUARANTEE OF IDENTITY, AUTHENTICITY, ACCURACY, SOLVENCY, CHARACTER, OR TRUSTWORTHINESS. A "verified," "confirmed," "matched," or similarly labeled status means only that a particular automated or third-party check returned a particular result at a particular moment, and means nothing more. 34.2 Reliance on Third-Party Sources. Verification relies on data, documents, and systems supplied by third parties and by the individual being verified, any of which may be inaccurate, incomplete, outdated, altered, stolen, synthetic, or fraudulent. COMPANY DOES NOT INDEPENDENTLY AUTHENTICATE ANY IDENTITY DOCUMENT OR DATA SOURCE and does not warrant any verification result. 34.3 Fraud May Still Occur. IDENTITY THEFT, IMPERSONATION, SYNTHETIC IDENTITY, DOCUMENT FORGERY, ACCOUNT TAKEOVER, AND OTHER FRAUD MAY OCCUR NOTWITHSTANDING ANY VERIFICATION. CUSTOMER AND EVERY USER ASSUME THE FULL RISK OF TRANSACTING, LEASING, CONTRACTING, GRANTING ACCESS, OR TRANSFERRING VALUE IN RELIANCE ON ANY VERIFICATION OR VERIFIED STATUS, and are responsible for their own additional diligence. Company is not liable for any loss arising from reliance on a verification result or from any fraud that a verification did not prevent. 34.4 Not a Screening Determination. A verification result is not a consumer report, is not a tenant screening result, and is not a recommendation or determination regarding any individual. Sections 28.1 through 28.4 apply to it. 35. Text Messages and Telephone Contact 35.1 Scope and Dormancy. This Section governs any text message, short message service, multimedia message, or automated telephone communication sent by or on behalf of Company through the Services. It governs such communications if and when that functionality is offered, and imposes no obligation on Company to offer it. 35.2 Consent; Relationship to Section 4.4. The consent given by checking the communications box at sign-in is described in Section 4.4. It covers account, transactional, and service messages by email, telephone call, and text message, and marketing or promotional messages by email, each of which may be opted out of at any time by the methods Section 4.4 states. THAT CONSENT DOES NOT COVER MARKETING OR PROMOTIONAL TELEPHONE CALLS OR TEXT MESSAGES, AND CHECKING THE BOX AT SIGN-IN IS NOT CONSENT TO RECEIVE THEM. A marketing or promotional telephone call or text message is made or sent only to a user who has given a separate affirmative opt-in for that category, and COMPANY WILL NOT MAKE OR SEND ANY MARKETING OR PROMOTIONAL TELEPHONE CALL OR TEXT MESSAGE TO A USER WHO HAS NOT GIVEN THAT OPT-IN. The opt-in is presented on its own, is not pre-selected, and CONSENT GIVEN THROUGH IT TO RECEIVE MARKETING OR PROMOTIONAL TELEPHONE CALLS OR TEXT MESSAGES IS NOT A CONDITION OF PURCHASING ANY GOOD OR SERVICE OR OF USING THE SERVICES; a user who declines it keeps full access to the Services. By providing a mobile telephone number and giving consent under Section 4.4 or under such a separate opt-in, a user gives express written consent to receive recurring automated telephone calls and text messages from or on behalf of Company at that number, of the categories that consent covers, including calls and messages made or sent using an automatic telephone dialing system, a prerecorded or artificial voice, or similar technology. A user represents that the number provided is its own or that it is authorized to provide it, and shall notify Company promptly if the number is reassigned, transferred, or no longer under its control. 35.3 Frequency; Rates. MESSAGE FREQUENCY VARIES AND DEPENDS ON THE USER'S ACTIVITY AND SETTINGS. MESSAGE AND DATA RATES MAY APPLY, and are a matter between the user and its wireless carrier. 35.4 Help and Opt-Out. A user may reply HELP at any time for assistance, and may reply STOP at any time to revoke consent and stop further messages of the applicable category; other opt-out mechanisms described in the message or in the Services may also be used. On receipt of a valid opt-out, Company will cease sending the applicable messages within the period required by applicable law, except that Company may send a single confirming message and may continue to send non-marketing messages necessary to operate an account where permitted by law. Revocation of text-message consent does not withdraw the Consent to Electronic Records and Signatures and does not terminate any agreement. 35.5 Carrier Disclaimer. DELIVERY OF TEXT MESSAGES IS NOT GUARANTEED. Messages may be delayed, blocked, filtered, truncated, misdirected, or not delivered at all, and CARRIER PARTICIPATION AND SUPPORT MAY VARY AND MAY CHANGE WITHOUT NOTICE. WIRELESS CARRIERS ARE NOT LIABLE FOR DELAYED OR UNDELIVERED MESSAGES. Company is not liable for any consequence of a message that is delayed, undelivered, delivered to a reassigned or incorrect number, or read by a person other than the intended recipient, and text messaging must not be relied upon for any urgent, time-critical, legally required, or emergency communication. 35.6 Customer's Own Messaging. Where Customer uses the Services to send messages of any kind to tenants, applicants, owners, vendors, or others, CUSTOMER IS THE SENDER AND IS SOLELY RESPONSIBLE FOR COMPLIANCE with the Telephone Consumer Protection Act, the CAN-SPAM Act, state telemarketing, automatic-dialing, do-not-call, consent, and recording laws, and all applicable carrier and industry rules, including obtaining and documenting every required consent and honoring every revocation. Company does not obtain consent on Customer's behalf, does not maintain Customer's do-not-call or revocation lists, and does not verify that any message Customer sends is lawful. Any claim arising from a message Customer sends is within the scope of Customer's indemnification obligation under Section 19. 36. Service Availability, Maintenance, and Changes 36.1 Relationship to Section 3.4. This Section supplements and does not limit Section 3.4. NOTHING IN THIS SECTION CREATES ANY UPTIME, AVAILABILITY, RESPONSE-TIME, SUPPORT, OR SERVICE-LEVEL COMMITMENT, and no service level of any kind applies absent a separate written agreement signed by Company that expressly provides one. 36.2 Maintenance Windows. Company may perform scheduled, unscheduled, or emergency maintenance at any time, with or without notice. Company may, as a courtesy and not as an obligation, seek to schedule non-emergency maintenance outside ordinary business hours or to give advance notice of it; doing so on any occasion creates no duty to do so on any other occasion and no course of dealing. 36.3 Outages. The Services may be unavailable, degraded, or interrupted, in whole or in part, because of maintenance, defect, capacity, attack, data loss, third-party failure, network or hosting failure, provider or subprocessor outage, suspension by a provider, or any event described in Section 25. NO OUTAGE, DEGRADATION, INTERRUPTION, OR DELAY GIVES RISE TO ANY REFUND, CREDIT, EXTENSION, SET-OFF, OR OTHER REMEDY. 36.4 Modification and Discontinuation. Without limiting Section 3.2, Company may at any time and in its sole discretion modify, redesign, re-price, limit, deprecate, withdraw, or permanently discontinue the Services or any feature, module, integration, report, format, export, or plan, in whole or in part, and may impose or change usage, storage, rate, or volume limits, with or without notice, and shall have no liability for doing so. Customer's sole remedy for any change it finds unacceptable is to stop using the Services and to cancel in accordance with the Cancellation and Refund Policy, which provides no refund. 36.5 Beta and Experimental Features. Company may make available features identified or reasonably understood as alpha, beta, preview, pilot, trial, early-access, evaluation, or experimental ("Beta Features"). BETA FEATURES ARE PROVIDED "AS IS" AND "AS AVAILABLE," ARE NOT SUPPORTED, MAY BE DEFECTIVE, INCOMPLETE, OR UNSAFE FOR PRODUCTION USE, MAY PRODUCE INCORRECT RESULTS, MAY CAUSE LOSS OR CORRUPTION OF DATA, AND MAY BE CHANGED OR WITHDRAWN AT ANY TIME WITHOUT NOTICE AND WITHOUT PRESERVING ANY DATA CREATED THROUGH THEM. Customer uses Beta Features entirely at its own risk and shall not rely on them for any business, financial, legal, or compliance purpose. To the maximum extent permitted by applicable law, Company disclaims all liability arising from or relating to Beta Features, and no Beta Feature is subject to any commitment of any kind. 37. Documents, Templates, and Communications 37.1 Templates Are Starting Points. ANY LEASE, ADDENDUM, NOTICE, LETTER, FORM, CLAUSE, CHECKLIST, DISCLOSURE, OR OTHER DOCUMENT TEMPLATE MADE AVAILABLE THROUGH THE SERVICES IS A GENERAL STARTING POINT ONLY. IT IS NOT LEGAL ADVICE, IS NOT DRAFTED FOR CUSTOMER'S JURISDICTION, PROPERTY TYPE, OR CIRCUMSTANCES, MAY BE INCOMPLETE, OUTDATED, OR UNENFORCEABLE WHERE CUSTOMER OPERATES, AND MUST BE REVIEWED AND ADAPTED BY QUALIFIED COUNSEL BEFORE USE. Company does not warrant that any template complies with any law or achieves any result, and Customer's use of any template is at its sole risk. 37.2 Signatures and Records. Any electronic signature, initialing, timestamp, audit trail, or execution record generated through the Services is provided as a convenience. Customer is solely responsible for determining whether an electronic signature is valid and enforceable for its purpose and jurisdiction, for complying with the Electronic Signatures in Global and National Commerce Act, the Uniform Electronic Transactions Act as adopted in its jurisdiction, and any applicable notarization, witnessing, delivery, or recording requirement, and for retaining its own executed originals. 37.3 Communications with Tenants and Others. Messages, notices, reminders, statements, and other communications sent through the Services are sent by Customer, not by Company, and their content, timing, accuracy, and lawfulness are Customer's sole responsibility. DELIVERY IS NOT GUARANTEED; a communication may be delayed, filtered, blocked, bounced, misaddressed, or not delivered. NO COMMUNICATION FEATURE OF THE SERVICES SATISFIES ANY STATUTORY, LEASE, OR COURT-ORDERED NOTICE REQUIREMENT, and Customer is solely responsible for effecting legally sufficient notice by legally sufficient means, including any requirement of personal service, posting, certified mail, or recording. Company does not verify that any notice was received, read, or legally effective, and any delivery receipt, read indicator, or status shown in the Services is informational only. 38. Limitation Period for Claims 38.1 One Year. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM, DISPUTE, OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS, ANY OTHER LEGAL DOCUMENT, OR THE SERVICES MUST BE COMMENCED — BY FILING A DEMAND FOR ARBITRATION UNDER SECTION 21 OR, WHERE SECTION 21 DOES NOT APPLY, BY FILING SUIT IN THE COURTS IDENTIFIED IN SECTION 26 — WITHIN ONE (1) YEAR AFTER THE CLAIM ACCRUES. A CLAIM NOT SO COMMENCED IS PERMANENTLY BARRED. The parties intend this Section to shorten any longer limitation period that would otherwise apply, and Customer knowingly and voluntarily waives the benefit of any such longer period. 38.2 Accrual. A claim accrues when the claimant first knew or reasonably should have known of the act, omission, or occurrence giving rise to it, whether or not the claimant then knew the full extent of any resulting loss. 38.3 Where the Law Does Not Permit It. This Section does not apply, and the limitation period provided by law applies instead, wherever applicable law prohibits the shortening of a limitation period or renders a contractual shortening unenforceable, including where applicable consumer-protection law so provides. Section 38.1 applies to the greatest extent the law does permit, and its unenforceability in any respect or as to any claim does not affect its application to any other respect or claim, or the enforceability of any other provision of these Terms. Nothing in this Section shortens any period that applicable law expressly makes non-waivable, and nothing in this Section limits Customer's right under Section 21.4 to opt out of arbitration or alters the deadline for doing so. 38.4 Relationship to Arbitration. This Section is a substantive limitation on the time to bring a claim and is not part of the agreement to arbitrate in Section 21. It applies whether a claim proceeds in arbitration or in court, including where Customer has opted out under Section 21.4 and where any portion of Section 21 is held unenforceable. Whether a claim is barred by this Section is decided by the arbitrator where Section 21 applies, and by the court where it does not. 39. Contact Information Questions regarding these Terms may be directed to support@tavolawest.com or M.S.J. & K. Inc., 27530 Caradoc Springs Ct, Spring, TX 77386.