Terms of Service

01The agreement

These Terms of Service (the “Terms”) are a contract between Propsena, Inc. (“Propsena”, “we”, “us”) and the organization or person using the Propsena platform, website, portals, APIs and related services (the “Services”). By creating an account, signing an order form, clicking “I agree”, or using the Services, you accept these Terms. If you accept on behalf of a company, you confirm that you have authority to bind it, and “you” and “Customer” mean that company.

You must be at least 18 years old to use the Services. Our Privacy Policy explains how we handle personal information and is part of these Terms. An order form or written agreement signed by both parties takes precedence over these Terms where they conflict.

Who uses the Services

• Customers are property management companies and landlords who subscribe to Propsena.
• Users are the staff a Customer invites to work in its organization.
• Portal Users are owners, tenants, applicants and vendors a Customer invites into its portals. Portal Users get free access to the portal features their Customer enables, under these Terms and under that Customer’s own policies. The Customer, not Propsena, is responsible for its relationship with its Portal Users.

02Accounts and security

• Keep your account information accurate and your sign-in credentials confidential.
• You are responsible for everything done through your organization’s accounts, including by Users and Portal Users, and for assigning roles appropriately.
• Tell us promptly at info@propsena.com if you suspect unauthorized access. We may suspend access we reasonably believe is compromised.
• Sign-in is handled by our identity provider, which supports multi-factor authentication. We recommend enabling it for every User.

03Plans, trials and billing

Free trial

New Customers may use the Services free for 14 days. No payment card is required to start a trial, and a trial does not convert into a paid subscription unless you choose a plan. We may limit trial features or usage.

Subscriptions

• Plans are billed monthly in advance through Stripe at the price shown when you subscribe, plus applicable taxes. Scale plans are priced in an order form.
• Automatic renewal. Your subscription renews automatically each month until you cancel. You may cancel at any time by emailing info@propsena.com or through your billing settings where available. Cancellation takes effect at the end of the current billing period, and you keep access until then.
• Refunds. Fees are non-refundable for partial billing periods except where the law requires a refund or an order form says otherwise.
• Price changes. We will give you at least 30 days’ notice by email before a price increase applies to your subscription.
• Non-payment. If a payment fails we will notify you and retry. If it remains unpaid 10 days after notice we may suspend the Services until it is paid, and we may terminate after 30 days.
• No hidden fees. Propsena does not charge per-transaction fees on rent payments, per-message fees, or setup fees beyond what your plan or order form states. Third-party processing fees are described in the next section.

04Rent and fee payments through Stripe

Customers can collect rent, deposits and fees from Portal Users through Stripe Connect. When you enable this:

• Payments flow into your own Stripe connected account under the Stripe Connected Account Agreement, which you accept when you connect. Stripe’s processing fees apply at Stripe’s standard rates; Propsena adds no fee of its own.
• Propsena is not a bank, money transmitter or payment processor and never holds your funds or your tenants’ funds. Each payment is a transaction between the payer and you.
• You are responsible for refunds, disputes and chargebacks on your account, for trust accounting and for any deposit-handling rules that apply to you.
• Propsena’s own subscription fees are charged to the payment method you give us through Stripe.

05Customer Data

“Customer Data” is everything you and your Users and Portal Users upload to or generate in the Services: records, documents, photos, messages, financial entries and settings.

Your ownership, our licence

You own your Customer Data. You give us a licence to host, process, transmit, display and back it up only as needed to provide the Services, to prevent or address security or technical problems, and as you otherwise instruct. We may create and use aggregated, de-identified statistics that cannot identify you, your Users or your Portal Users.

Our commitments

• We process Customer Data only on your instructions and as required to provide the Services, and we treat it as confidential.
• We never sell Customer Data and never use it for advertising.
• We protect it with the controls described in our security policy, including database-enforced tenant isolation, encryption at rest and in transit, and an immutable audit log.
• We use the subprocessors listed on the security page, remain responsible for them, and will give you notice before adding a new one.
• If we become aware of a breach of security leading to unauthorized access to Customer Data, we will notify you without undue delay and within 72 hours of confirming it, and will cooperate with your response.
• After termination you may export your Customer Data for 30 days, after which we delete it from production systems within 90 days, except for records we must keep by law.

Your commitments

• You have the rights and consents needed to upload Customer Data and to have us process it, including any notices to tenants, owners, applicants and vendors that privacy laws require.
• You comply with the laws that apply to your business: the Fair Housing Act and state fair-housing laws, the Fair Credit Reporting Act and other laws governing applicant screening and adverse-action notices, landlord-tenant and security-deposit law, the Telephone Consumer Protection Act and CAN-SPAM for communications, and privacy laws.
• You obtain consent before sending text messages, before recording calls where the law requires it, and before sending marketing.
• You are responsible for the accuracy of Customer Data and for the decisions you make using it.

06AI features

The Services include an AI assistant and AI-driven workflows built on Google’s Gemini models. AI features are designed with guardrails: they act only within your organization, they ask a person to confirm before sending a message, moving money or changing a record, and they log what they did. Even so:

• AI output can be incomplete, out of date or wrong. Review it before relying on it, and keep a person responsible for every decision.
• AI output is information, not legal, financial, tax or compliance advice. Fair Housing screening of outgoing messages is a safeguard that reduces risk; it does not guarantee compliance, and you remain responsible for what you send.
• Propsena is not a consumer reporting agency and does not provide consumer reports. Screening decisions recorded in the Services are yours.
• We may change, limit or retire AI features, and we may set fair-use limits on AI usage to keep the Services responsive for everyone.

07Communications sent through the Services

The Services can send email, text messages, phone calls and printed mail, and can collect electronic signatures through DocuSign, on your behalf. When you use these features you are the sender. You must have the recipient’s consent where the law requires it, honour opt-outs (recipients can reply STOP to any text), keep your templates accurate, and not send unsolicited marketing. We may pause sending from an organization that receives carrier complaints, high bounce rates or abuse reports, and we will tell you when we do.

You consent to receive notices from us electronically, and you agree that electronic signatures collected through the Services have the same effect as handwritten ones to the extent the law allows.

08Acceptable use

You agree not to, and not to let anyone else:

• use the Services to break the law, to discriminate in housing, or to harass anyone;
• upload malware, or content you have no right to use;
• probe, scan or test the vulnerability of the Services except as our responsible disclosure policy allows;
• bypass access controls, rate limits or tenant isolation, or access another organization’s data;
• reverse engineer the Services, scrape them at scale, or build a competing product from them;
• resell or sublicense the Services without our written agreement;
• use the Services to send spam or unconsented text messages.

We may suspend or remove content or access that violates these rules, giving notice where practicable.

09Third-party services

You may connect services such as Gmail, Google Drive, QuickBooks, OpenPhone, DocuSign, Stripe and Zillow. Each is governed by its own terms and privacy policy, which you accept when you connect it. We are not responsible for third-party services, their availability or changes to their APIs, and we may suspend an integration that breaks or that a provider withdraws. Our use of Google user data follows the Google API Services User Data Policy, including its Limited Use requirements.

10Intellectual property and copyright notices

Propsena and its licensors own the Services, including software, design, documentation and trademarks. We grant you a limited, non-exclusive, non-transferable right to use the Services during your subscription in accordance with these Terms. If you send us feedback or suggestions, we may use them without obligation to you.

Copyright infringement notices

If you believe content in the Services infringes your copyright, send a notice to info@propsena.com or to our postal address below that identifies the work, identifies the infringing material and where it is, gives your contact details, includes a statement of good-faith belief and a statement under penalty of perjury that you are authorized to act, and is signed. We will respond as the Digital Millennium Copyright Act requires, including removing material and terminating repeat infringers, and we will forward counter-notices to the original complainant.

11Availability, support and service levels

• We aim to keep the Services available 99.9% of the time each month, excluding scheduled maintenance (announced in advance where practicable), emergency maintenance, and outages caused by third-party services, your systems or events outside our reasonable control.
• Service level commitment. Where your plan or order form includes an uptime commitment, and monthly availability falls below 99.9%, you may request a service credit of 10% of that month’s subscription fee (25% if availability falls below 99.0%) within 30 days of the month’s end. Credits are your sole remedy for missed availability and are applied to future invoices.
• Support is provided by email for every plan, with priority response on Growth and dedicated channels on Scale, as described on the pricing page or in your order form.
• Features marked beta, preview or early access are provided as-is, may change or be withdrawn, and are excluded from service level commitments.

12Term, suspension and termination

• These Terms apply from the moment you first use the Services until your account is closed.
• You may cancel as described in the billing section.
• We may suspend or terminate access for a material breach that is not cured within 30 days of notice (10 days for non-payment), immediately for a breach that threatens the security or integrity of the Services or other customers, or if we are required to by law.
• We may also retire the Services on at least 90 days’ notice, in which case we will refund any prepaid fees for the period after retirement.
• On termination your access ends, the data export and deletion terms in the Customer Data section apply, and the sections that by their nature should survive (including payment obligations, ownership, disclaimers, liability limits, indemnities and governing law) survive.

13Disclaimers

Except as expressly stated in these Terms or an order form, the Services are provided “as is” and “as available”, and we disclaim all implied warranties, including merchantability, fitness for a particular purpose and non-infringement, to the fullest extent the law allows. We do not warrant that the Services will be uninterrupted or error-free, that AI output will be accurate, or that the Services will satisfy any legal requirement that applies to your business. Nothing in the Services is legal, financial, tax, accounting or compliance advice.

14Limitation of liability

To the fullest extent the law allows, neither party is liable to the other for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill, however caused, even if advised of the possibility.

Each party’s total liability arising out of or relating to these Terms is limited to the fees the Customer paid to Propsena in the twelve months before the event giving rise to the claim, or US$100 for anyone who has not paid fees. These limits do not apply to a party’s indemnity obligations, to the Customer’s payment obligations, to a party’s breach of the other’s confidential information, or to liability that cannot be limited by law, such as for gross negligence, fraud or wilful misconduct.

15Indemnities

By you. You will defend and indemnify Propsena against third-party claims, and the resulting damages, costs and reasonable legal fees, arising from your Customer Data, your use of the Services in breach of these Terms or of the law, your communications with tenants, owners, applicants and vendors, and your screening, leasing and payment decisions.

By us. We will defend and indemnify you against third-party claims that the Services, as provided by us, infringe a United States patent, copyright or trademark or misappropriate a trade secret, except where the claim arises from Customer Data, third-party services, or a modification or combination we did not make. If such a claim arises we may modify or replace the affected part of the Services, or terminate it and refund prepaid fees for the unused period.

The indemnified party must promptly notify the other of a claim, give it control of the defence and settlement, and reasonably cooperate.

16Governing law and disputes

These Terms are governed by the laws of the State of Wyoming, United States, without regard to its conflict-of-laws rules. Before starting formal proceedings, each party agrees to try to resolve a dispute by notifying the other and negotiating in good faith for 30 days. Any dispute that is not resolved will be brought exclusively in the state or federal courts located in Wyoming, and both parties consent to their jurisdiction, except that either party may seek injunctive relief in any competent court to protect its intellectual property or confidential information.

17General terms

• Changes to these Terms. We may update these Terms. For material changes we will give account owners at least 14 days’ notice by email or in the application. Continued use after the effective date means you accept the new Terms; if you do not, you may cancel before they take effect.
• Notices. We send notices to the email address on your account. Send legal notices to us at info@propsena.com and to our postal address below.
• Assignment. You may not assign these Terms without our consent, except to a successor of your whole business. We may assign them to an affiliate or successor.
• Force majeure. Neither party is liable for delays caused by events beyond its reasonable control, other than payment obligations.
• Export and sanctions. You may not use the Services in violation of US export-control or sanctions laws.
• Entire agreement. These Terms, the Privacy Policy and any order form are the whole agreement between us and replace prior discussions. If a provision is unenforceable, the rest remains in effect. A failure to enforce a right is not a waiver. The parties are independent contractors.

18How to contact us