This Website is offered and available to Users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with Azibo and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, do not access or use the Website.
2. Intellectual Property Rights.
3. Description of Services.
Azibo currently provides an internet-based platform for Managers to connect third party bank accounts to view and categorize transactions and to collect online rent payments via ACH or card from Tenants (the "Services"). More information on the Services is provided below and throughout the Website. The Services include any content, features, or functionality currently available on the Website or that may be introduced in the future. Users may use some or all of the features of the Service. AZIBO RESERVES THE RIGHT TO ADD, SUBTRACT, OR CHANGE THESE SERVICES.
3.1 Connecting Third Party Accounts.
3.2 Online Tenant Payments.
Paying rent with Azibo via the ACH network is free for Tenants. Payments by credit/debit card involve a processing fee, which will be added to the amount of the Tenant Payment. Azibo is currently free for Managers: there is no charge to connect bank accounts or to receive rent payments via ACH using the Service.
Azibo uses Stripe to execute online payment transactions. By using this feature of the Service, you agree to be bound by the Stripe Connected Account Agreement, available at https://stripe.com/connect/account-terms. This may be updated from time to time. For avoidance of doubt, if any payment you initiate using the Service does not successfully complete, the payee reserves the right to seek payment from you via or outside the Service. Any authorization you provide to make repeating automatic payments using the Service will remain in effect until cancelled.
By providing Azibo with your banking, credit/debit card, or other payment information, you authorize us to use it and disclose it to Stripe or other payment gateway providers for the purpose of processing the payments you authorize on the Service. Payment gateway providers may also aggregate your information for other purposes, but only in ways that don’t identify you personally or disclose any personal information about you, and may disclose your personal information when necessary to comply with the law.
We never take custody of money transferred using the Service and we’re not responsible for what recipients do with the payments. For example, Azibo is not responsible for a Manager returning a deposit to Tenant. If a payor or payor’s bank or card issuer initiates a reversal, chargeback, or dispute of a payment made to you, you authorize us and our third-party payment providers to reverse or otherwise debit funds from your account in accordance with applicable financial institution and network policies and procedures. In the event we are unable to reverse or otherwise debit funds from your account, you agree promptly to deposit such funds upon our request. We may also initiate a reversal or other debit, or take other actions we determine to be appropriate, if we believe fraud or other abuse of the Service has occurred.
If a Tenant Payment is rejected for NSF, it will be the Tenant's responsibility to initiate a new transaction or to make the Tenant Payment in some other manner and pay Azibo the NSF fee. It will be the Manager's responsibility to assess a late Tenant Payment fee, if any, to Tenant. Tenant will be required to pay the NSF fee, and any late fees assessed by the Manager, on or before the initiation of any new ACH transaction through the Website. During the time that the Tenant makes Tenant Payments to the Manager through the Services, both Parties agree to ensure that all bank account, ACH information, and debit or credit card information be up-to-date and accurate.
Either User may cancel the ACH payment feature at any time by contacting email@example.com, as long as a current ACH transaction is not in process. If a current ACH transaction is in process, such transaction will be finalized before Azibo disables this feature of the Service.
AZIBO IS NOT A COLLECTION COMPANY AND IN NO WAY GUARANTEES PAYMENT BY TENANT NOR DOES IT INHERIT THE RISK ASSUMED BY ANY PARTY IN RELATION TO ANY TRANSACTION PERFORMED THROUGH THE SERVICE.
3.3 Mobile Application Terms
4. Registration Obligation and Account Security
4.1 User Registration.
4.2 Validation of Identity.
Users authorize Azibo, directly or through third parties, to make any inquiries we consider necessary to validate your identity. This may include asking you for further information, requiring you to take steps to confirm ownership of your email address or financial instruments, or verifying your information against third party databases or through other sources. Nothing herein shall be construed to require Azibo to verify the identity of any User on the Website nor will Azibo have any liability for failure to verify any User's identity.
4.3 Account Security.
5. Fees and Payments.
Azibo may offer certain portions of our Services at no charge and others for a one-time fee, on a subscription basis or under any other lawful pricing structure. In all instances, our Services are not being sold to you; rather, you are being granted a limited license to use our Services. In addition, the license to use of any of our paid Services does not necessarily transfer across operating systems and/or different equipment (e.g., mobile devices, computers, etc.). Azibo reserves the right at any time to change and/or increase the fees for access to portions of the Service or the Service as a whole. All fees shall be payable through the User's account.
5.1 Payment Cancellation; Refund Policy.
For payments you believe were improperly made, Azibo may, in its sole discretion, void, rescind, or issue a credit for your Tenant Payment made through the Service at any time prior to the remittance of such Tenant Payment to your Manager. If a payment dispute arises after payment is forwarded to your Manager, the responsibility to settle the dispute rests with you and the Manager.
5.2 Unauthorized Transactions.
Azibo is not responsible for loss incurred as a result of non-sufficient funds, returned checks, chargebacks, claims, reversals, WSUPP retrieval fee, recall fees, excessive returns fees, early funding fees, account maintenance fees, or any unforeseeable unsuccessful transaction or other fees associated with those transactions Azibo reserves the right to assess fees to Tenant or to the Manager related to non-sufficient funds and returned checks.
5.3 Reimbursements; Investigations.
Azibo reserves the right to seek reimbursement from Manager, and Manager will reimburse Azibo, if Azibo discovers a fraudulent transaction, erroneous or duplicate transaction, or if Azibo receives a chargeback or reversal from any Tenant credit card company or bank for any reason. You agree to and acknowledge our right to investigate any and all transactions for fraud. Further, you agree to cooperate with any reasonable requests made by Azibo in an effort to investigate fraud. Manager agrees that Azibo has the right to obtain such reimbursement by charging Manager's account, deducting amounts from future transfers, charging Manager's credit card or any bank account associated with your account, or obtaining reimbursement from Manager by any other lawful means, including using a third party collection agency. Failure to pay for reimbursements of a charge back or a reversal of payment is cause for termination of Manager's account.
AZIBO IS NOT A COLLECTION COMPANY AND IN NO WAY GUARANTEES PAYMENT BY TENANT NOR DOES IT INHERIT THE RISK ASSUMED BY ANY PARTY IN RELATION TO ANY TRANSACTION PERFORMED THROUGH THE SERVICE.
(A) Users may cancel the use of the Service at any time effective immediately by contacting us at firstname.lastname@example.org. You will remain liable for all outstanding payments and fees due at the time of cancellation. If you request, Azibo will delete your User account, but this request will only delete your personal account and not information that relates to you that is on another User's account (for instance, a signed lease to which you are a party).
7. Prohibited Uses.
In connection with the Services or your use of the Website, you will not:
Azibo will not be held liable for the violation of the above terms or any other illegal activity not foreseen at the time.
8. User Content
We may now or in the future permit users to post, upload, transmit through, or otherwise make available through our Services (collectively, “submit”) messages, text, illustrations, data, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials (“User Content”). Subject to the rights and license you grant herein, you retain all right, title and interest in your User Content. We do not guarantee any confidentiality with respect to User Content even if it is not published through our Services. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same. We have the right, but not the obligation, to monitor User Content. We have the right in our sole discretion and for any reason whatsoever to edit, refuse to post, remove, or disable access to any User Content.
You shall not submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit.
You represent, warrant, and covenant that you will not submit any User Content that:
Moreover, any conduct by a user that in our sole discretion restricts or inhibits any other user from using or enjoying our Services will not be permitted.
8.2 License to User Content
9. Reliance on Information Posted.
(A) Users acknowledge that Azibo does not verify the identity or accuracy of any User or any information User Content on the Services or Website. Any Website Content or other information presented on or through the Website, including, but not limited to material presented on our blog, information in Rent Roll Reports, or information in Cash Flow Reports is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of the User Content or any other information. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of any Website Content. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
(B) In some instances, Website Content will include content posted by a third-party or will represent the opinions and judgments of a third-party. We do not endorse, warrant and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement offered through our Website by anyone other than our authorized employees or spokespersons while acting in their official capacities. Our Website may also link or contain links to other websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party websites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.
10. Intellectual Property Rights.
11. Copyright Infringement.
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Services infringe your copyright, you may request removal of those materials (or access thereto) from the Services by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
Our designated Copyright Agent to receive DMCA Notices is:
1601 Lewis St
Reno, NV 89502
We will investigate notices of copyright infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.
12. Geographic Restrictions.
The owner of the Website is based in the state of California in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
13. Disclaimer of Warranties.
YOU EXPRESSLY AGREE THAT USE OF OUR WEBSITE, INCLUDING ANY SERVICES AND/OR WEBSITE CONTENT, IS AT YOUR SOLE RISK AND THAT WE PROVIDE THE SAME (INCLUDING ANY SOFTWARE) ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE ACH PARTIES DISCLAIM ANY AND ALL WARRANTIES INCLUDING ANY: (1) WARRANTIES THAT OUR WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF OUR WEBSITE, SERVICES OR WEBSITE CONTENT; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (4) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED OR ACCESSED THROUGH OUR WEBSITE; (5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR WEBSITE; (6) WARRANTIES THAT YOUR USE OF OUR WEBSITE OR SERVICES WILL BE SECURE OR UNINTERRUPTED; AND (7) WARRANTIES THAT ERRORS IN OUR WEBSITE, SERVICES OR WEBSITE CONTENT (INCLUDING SOFTWARE) WILL BE CORRECTED.
14. Limitation on Liability.
IN NO EVENT WILL ANY OF THE AZIBO PARTIES (AS DEFINED BELOW) BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
16. Governing Law and Jurisdiction.
17. Dispute Resolution & Mandatory Arbitration
(A) We each agree to first contact each other with any disputes and provide a written description of the problem, all relevant documents/information and the proposed resolution. You agree to contact us with disputes by contacting us at email@example.com. We will contact you based on the contact information you have provided us.
(B) If after 30 days the parties are unable to resolve any dispute raised under the previous provision, the dispute may only be submitted to arbitration consistent with this Section. The parties understand that they would have had a right or opportunity to litigate disputes through a court and to have a judge or jury decide their case, but they choose to have any disputes resolved through arbitration.
(C) Each of us agree that any claim or dispute between us, and any claim by either of us against any agent, employee, successor, or assign of the other, including, to the full extent permitted by applicable law, third parties who are not signatories to this agreement, whether related to this agreement or otherwise, including past, present, and future claims and disputes, and including any dispute as to the validity or applicability of this arbitration clause, shall be resolved by binding arbitration administered by the JAMS under its rules and procedures in effect when the claim is filed. The rules and procedures and other information, including information on fees, may be obtained from JAMS’ website (www.jamsadr.com) or by calling JAMS at 949-224-1810.
(D) We are entering into this arbitration agreement in connection with a transaction involving interstate commerce. Accordingly, this arbitration agreement and any proceedings thereunder shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16. Any award by the arbitrator(s) may be entered as a judgment in any court having jurisdiction.
(E) Exception to Arbitrate. Either of us may bring qualifying claims in small claims court. Further, as set forth below, we each agree that any arbitration will be solely between you and Azibo, not as part of a classwide claim (i.e., not brought on behalf of or together with another individual's claim). If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate doesn't apply and the classwide dispute must be brought in court.
18. NO CLASS ACTIONS
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
19. NO TRIAL BY JURY
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
20. Amendment; Additional Terms
(A) No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
22. Your Comments and Concerns.
All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to firstname.lastname@example.org.
Thank you for visiting the Website.