Terms of Service

These Terms of Service ("Terms") are an agreement between you and Dakota C. Cookenmaster, doing business as Residwell ("Residwell," "we," "us," or "our"), and govern your use of our websites and applications (the "Service"). Please read them carefully.

1. Acceptance

By accessing or using the Service, you agree to these Terms. If you do not agree, do not use the Service. If you use the Service on behalf of an organization, you agree to these Terms for that organization.

2. The Service

Residwell provides a housing-management platform that housing organizations use to manage communities and communicate with residents, including features such as maintenance requests, announcements, packages, engagement credits, leave requests, resident checks, and notifications.

3. Accounts and access

Access to the Service is usually provided through a housing organization. Your organization controls your account and the data associated with it, and may grant, change, or remove your access. You agree to provide accurate information, to keep your login credentials confidential, and to be responsible for activity under your account. You must be old enough to form a binding contract to create your own account. Where a resident is a minor, access is provided through and under the responsibility of the housing organization.

4. Acceptable use

You agree not to:

• Use the Service in any unlawful way or for any unlawful purpose.
• Upload or share content that is harmful, harassing, defamatory, infringing, or that violates the rights or privacy of others.
• Attempt to access accounts, data, or systems you are not authorized to access.
• Interfere with, disrupt, or attempt to compromise the security or integrity of the Service.
• Reverse engineer, copy, or resell the Service except as allowed by law.

5. Your content

You keep ownership of the content you submit to the Service, such as maintenance requests, messages, and files. You grant Residwell a limited license to host, store, process, and display that content as needed to operate the Service and provide it to your organization. You are responsible for the content you submit and confirm you have the rights to submit it.

6. Your organization's role

Your housing organization administers your access and the information in your community. The organization's agreement with Residwell, and the organization's own policies, may govern how your information is used within the Service. The organization may suspend or remove access, manage data, and configure features.

7. Fees and payment

Paid use of the Service is billed to the housing organization, not to individual residents or staff. Unless a separate written order states otherwise, subscription fees are based on the organization's active users and the modules it has enabled, priced per active user per month, and are billed monthly. Charges are prorated by user-days, so adding or removing a user, or enabling or disabling a module, is reflected on the next invoice for the days it applied.

A minimum monthly service charge of $1.00 (US dollars) applies to each organization for any billing month in which the Service is used. If an organization's usage-based charges for a month are greater than zero but below this minimum, the invoice total for that month is the $1.00 minimum monthly service charge. A month with no active users is not charged. This minimum is a pricing floor for the Service, not a payment-processing surcharge.

Invoices are issued on the last day of each billing month and charged to the payment method the organization has on file. Fees are stated and charged in US dollars and, except where required by law, are non-refundable. We may change our fees, including the minimum monthly service charge, on a going-forward basis by updating our pricing or these Terms; the fees in effect when a billing month is invoiced apply to that month. The organization is responsible for any taxes arising from its use of the Service, other than taxes on our income.

8. Intellectual property

The Service, including its software, design, and the content we provide, is owned by Residwell and protected by law. Except for the rights expressly granted to you, we reserve all rights in the Service. You may not use our names, logos, or branding without our permission.

9. Third-party services

The Service relies on third-party providers such as cloud hosting, email, and text-messaging services, and our public site uses Google reCAPTCHA. We are not responsible for third-party services, and your use of them may be subject to their own terms.

10. Service availability and changes

We work to keep the Service available, but we do not guarantee that it will be uninterrupted or error free. We may modify, suspend, or discontinue features at any time.

11. Disclaimers

The Service is provided "as is" and "as available," without warranties of any kind, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement, to the fullest extent permitted by law.

12. Limitation of liability

To the fullest extent permitted by law, Residwell will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of data, profits, or goodwill, arising from or related to your use of the Service. To the fullest extent permitted by law, our total liability for any claim relating to the Service will not exceed the greater of one hundred US dollars or the amount you paid us for the Service in the twelve months before the claim.

13. Indemnification

You agree to indemnify and hold Residwell harmless from claims, losses, and expenses, including reasonable legal fees, arising from your misuse of the Service or your violation of these Terms or the rights of others, to the extent permitted by law.

14. Termination

You may stop using the Service at any time. We or your organization may suspend or end your access if you violate these Terms or to protect the Service or its users. Sections that by their nature should survive termination will survive.

15. Governing law

These Terms are governed by the laws of the State of Tennessee, without regard to its conflict-of-laws rules. You agree that the state and federal courts located in Tennessee will have jurisdiction over any dispute not otherwise resolved, except where prohibited by law.

16. Changes to these Terms

We may update these Terms from time to time. When we make material changes, we will update the "Last updated" date above and, where appropriate, provide additional notice. Your continued use of the Service after changes take effect means you accept the updated Terms.

17. Contact

Questions about these Terms? Contact us at hello@residwell.com.