Terms of Service

Effective Date: August 9, 2023

Thank you for using Stessa, Inc. (“Stessa,” “we” “us”). We offer a real estate portfolio management solution that helps real estate investors track, manage, and communicate the performance of their residential real estate assets. By bringing together all relevant data in one place, Stessa enables you to consolidate and stay on top of your real estate data, making it easy for both novice and sophisticated investors to monitor and analyze portfolio performance.

These terms of service (“Terms”) cover your use and access to our website, mobile app, products, and services, whether provided by Stessa or a third party (“Service”). By accessing or using the Service, you agree to be bound by these Terms. If you are using our Service for an organization, you agree to these Terms on behalf of that organization. It is the responsibility of you, the user, customer, or prospective customer to read the Terms before proceeding to use the Service. If you disagree with any part of the Terms, then you may not use the Service.

REGISTRATION

Stessa is intended solely for individuals who are 18 or older. Any access to or use of the Service by anyone under 18 is unauthorized, unlicensed, and in violation of these Terms. By accessing or using Stessa, you represent and warrant that you are 18 or older. In addition, you must be in good standing and not an individual that has been previously barred from receiving the Service under the laws and statutes of the United States or other applicable jurisdiction.

When you register, we may collect information such as your name, email, property address, real estate financials and operational data.

You agree that the information you provide to us on account registration through our Service will be true, accurate, current, and complete.

PAYMENT TERMS

There is no cost to you for s Stessa Essentials subscription (“Stessa Essentials”). If you purchase a Stessa Pro Subscription (referred to as, “Stessa Pro”), which is a premium subscription, then these payment terms apply to your purchase, and you agree to them.

Charges: You agree to the charges associated with Stessa Pro. We may suspend or cancel Stessa Pro if we do not receive an on-time, full payment from you. Suspension or cancellation of Stessa Pro for non-payment could result in a loss of access to and use of Stessa Pro. However, your data access will default to the Stessa Essentials subscription.

Billing Account: To pay the charges for Stessa Pro, you will provide a payment method as part of your Stessa Pro registration. You agree to permit Stessa to use any updated account information regarding your selected payment method provided by your issuing bank or the applicable payment network. You agree to update your account and other information, including your email address and payment method details, so we can complete your transactions and contact you as needed in connection with your transactions. By providing Stessa with a payment method and subsequent changes that you may make, you (1) represent that you are authorized to use the payment method you provided and that any payment information you provide is true and accurate; and (2) authorize Stessa to charge you for Stessa Pro.

Recurring Payments: When you purchase Stessa Pro (either monthly or annually), you agree that you are authorizing recurring payments, and payments will be made to Stessa by the method and at the recurring intervals you have agreed to, until you terminate Stessa Pro. You must cancel Stessa Pro before the next billing date to stop being charged. Once you have cancelled Stessa Pro, your access to the Stessa Pro data will continue until the respective monthly or annual subscription period expires, at which point your access will default to the Stessa Essentials subscription. By authorizing recurring payments, you are authorizing Stessa, and its service providers, to store your payment information and process such payments as either electronic debits or fund transfers, or as electronic drafts from your designated account (for Automated Clearing House or similar payments), or as charges to your designated account (for credit card or similar payments) (collectively, “Electronic Payments“). If any payment is returned unpaid or if any credit card or similar transaction is rejected or denied, Stessa, or its service providers, reserves the right to collect any applicable return item, rejection or insufficient funds fee and process any such payment as an Electronic Payment.

Billing History and Errors. Under the Settings tab, you will be able to access your billing history. You can access your billing history by logging into your Stessa Pro account. Stessa will send you emails as confirmation of your payments and processing details. Stessa will also send you a receipt that will be attached to each recurring Stessa Pro transaction. If there is an error on your bill, you must contact us within 90 days after the error first appears on your bill. We will then promptly investigate the charge. If 90 days have passed, you release Stessa from all liability and claims of loss resulting from the error and we will not be required to correct the error or provide a refund. If Stessa has identified a billing error, we will correct it within 90 days.

Refund Policy. Unless otherwise provided by law or a particular written Stessa Pro offer, all purchases are final and non-refundable. If you believe that Stessa has charged you in error, you must contact us within 90 days of such charge. We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future. This refund policy does not affect any statutory rights that may apply.

Canceling the Services. You may cancel Stessa Pro at any time, with or without cause. Cancelling paid Stessa Pro stops future charges to continue Stessa Pro. To cancel Stessa Pro, you must click “Cancel” and then click “Confirm” on the subscription page. You will receive a confirmation of cancellation email.

CONTENT YOU PROVIDE AND IS DERIVED BY USE OF THE SERVICE

You are licensing to Stessa and its service providers (“Service Provider”) any information, data, passwords, materials, or other content (collectively, “Content”) you provide through or to the Service. Stessa and Service Provider may use, modify, display, distribute and create new material using such Content to provide the Service to you. Stessa and Service Provider may also use, sell, license, reproduce, distribute, and disclose aggregate, non-personally identifiable information that is derived through your use of the Service (“Aggregate Data”). By submitting Content, you automatically agree, or promise that the owner of such Content has expressly agreed that, without any particular time limit, and without the payment of any fees, Stessa and Service Provider may use the Content for the purposes set out above. As between Stessa and Service Provider, you own your confidential account information and Stessa owns all Aggregate Data.

ACCOUNT DATA FROM THIRD-PARTY SITES

You may direct the Service to retrieve your own information maintained online by third parties with which you have existing customer relationships, maintain accounts, or engage in financial transactions (“Account Data”). We work with one or more online service providers to access this Account Data. For all purposes hereof, you hereby grant Stessa and Service Provider a limited power of attorney, and you hereby appoint Stessa and Service Provider as your true and lawful attorney-in-fact and agent, with full power of substitution and resubstitution, for you and in your name, place and stead, in any and all capacities, to access third-party internet sites, servers or documents, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN STESSA OR SERVICE PROVIDER ACCESSES AND RETRIEVES INFORMATION FROM THIRD-PARTY SITES, STESSA AND SERVICE PROVIDER ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY. You agree that third-party account providers shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you. You understand and agree that the service is not endorsed or sponsored by any third-party account providers accessible through the service. We do not review the Account Data for accuracy, legality, or non-infringement. We are not responsible for the Account Data or products and services offered by or on third-party sites.

We cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. We cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery, or failure to store any user data, communications, or personalization settings. The information may be more up to date when obtained directly from the relevant sites and only reflects the information that is obtained from such sites during the last refresh. You are solely responsible for the use of third-party services (e.g., DocuSign), including, but not limited to, the execution of any document, and alerting the appropriate third party of any improper or unauthorized use of Electronic Signatures or access to third-party services.

DATA PRIVACY

Your personal information is protected by our Privacy Statement (see the full Privacy Statement at https://www.stessa.com/privacy). By using the Service, you agree to the Privacy Statement, and any changes published by us.

ALERTS, NOTIFICATIONS, AND SERVICE COMMUNICATIONS

When you set up an account, you automatically sign up for various types of alerts via e-mail. When logged in, you may customize, modify and in some cases deactivate alerts by adjusting the settings accordingly.

We never include your password in these communications, but we may include your name, or email address and information about your portfolio. Anyone with access to your e-mail will be able to view these alerts.

You may choose to stop receiving marketing-oriented emails. You will not be able to opt out of any service-related or critical alerts.

CONDUCT

You are responsible for your conduct, and you herein acknowledge, understand and agree that all information, text, data, photographs, video, messages, tags or any other content, whether it is publicly or privately posted and/ or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted, or otherwise made available by way of the Service, and as such, we do not guarantee the accuracy, integrity, or quality of such content. The content in the Service may be protected by others’ intellectual property rights. You agree not to copy, upload, download or share content unless you have the right to do so.

It is expressly understood that by the use of our Service, you may be exposed to content including, but not limited to, any errors or omissions in any content posted, and / or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available by Stessa. We are not responsible for the content that third parties post and share via the Service.

Stessa herein reserves the right to refuse and/ or delete any content currently available through our Service. In addition, we reserve the right to remove and/ or delete any such content that would violate the

Terms or which would otherwise be considered offensive to others.

You are responsible for maintaining the secrecy and confidentiality of the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. Please keep your account information current. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

LINKS TO OTHER WEB SITES

Our Service may contain links to other sites that are not operated by us. If you click on a third-party link, you will be directed to that third-party’s site. We strongly advise you to review the privacy policy and terms of service of every site you visit.

We have no control over, and assume no responsibility for the content, privacy policies, terms of use, or practices of any third-party sites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such web sites or services.

ADMONITION RELATED TO LEGAL ADVICE, FINANCIAL MATTERS, AND MORTGAGE RELATED DISCLOSURE

You agree and understand that Stessa does not provide legal, tax, mortgage, or financial planning advice and that your use of the Service is for educational purposes only and is not intended to provide legal, tax or financial planning advice. Your use of the Service is not intended to create, and does not constitute, an attorney-client relationship, financial advisor-client, and/or broker-dealer relationship between you and any person or entity. The Service should not be used as a substitute for competent legal and financial advice from a lawyer and financial advisor whom you have specifically retained. Neither the Service nor any communications between Stessa and you are intended to provide, and in no event shall it be treated as providing or constituting legal or financial advice. Stessa is not a party to any tenant, rental and/or other agreement between owners, landlords, tenants and/or any other party, and all obligations, responsibilities, and liabilities for any such arrangements are solely with such other parties. No form, information, and/or document provided or made available within the Service is drafted or reviewed for legal or financial accuracy or sufficiency or tailored to any specific territory, including, without limitation, laws of any specific state, county, city, and/or other geography. The information Stessa provides is solely made available for private use and may not be used to draw legal conclusions, arriving at financing decisions, provide opinions and/or apply the law to the facts of your situation.

You agree that you are responsible for your own investment research and investment decisions. Stessa will not be liable for decisions/actions you take or authorize third parties to take on your behalf, based on information you receive or derive through the Service.

You agree and understand that all investments entail a risk of loss and that you may lose money. You understand and agree that you are solely responsible for any damage or loss you may incur that results from your use of the Service.

Stessa, through the Service, may provide a venue through which you can obtain information and you can find third-party providers, such as financial institutions, credit card providers, mortgage brokers, insurance brokers, insurance agents, discount program representatives and other financial professionals (“Third-Party Provider.”)

Stessa is not a lender, mortgage broker, loan originator, loan processor or underwriter. Stessa does not aid or assist in obtaining loans or loan applications, nor in setting or negotiating any terms thereof, nor in making loan or loan application decisions, nor participate in the issuance of pre-qualifications or pre-approvals.

Stessa does not guarantee any information provided by any borrower, any specific loan terms and conditions offered by a Third-Party Provider, or that any person will be offered or able to obtain any particular rates, loan, loan application, quote, pre-qualification, pre-approval, loan commitment or loan-related transaction.

Decisions regarding Third-Party Providers contacting consumers are made by participating Third-Party Providers and not Stessa. Any quotes displayed through the Service are non-binding and are not intended to be official Loan Estimates as defined in the Real Estate Settlement Procedures Act. Interest rates displayed through the Service are for information purposes only and reflect non-binding quotes of the terms a Third-Party Provider might offer a borrower fitting a consumer’s anonymous profile. Actual interest rates may vary. Loan approval standards are established and maintained solely by individual Third-Party Providers.

Decisions regarding loans, loan applications, quotes, pre-qualifications, pre-approvals, loan commitments or loan-related transactions are not made by Stessa but are made by Third-Party Providers. Stessa does not make or give any guarantee regarding, and assumes no responsibility for, any such decisions, nor any acts or omissions of Third-Party Providers, nor any result or consequence (direct or indirect) of any business transaction (actual, proposed or discussed) or related communications between Third-Party Providers and any other person, nor any rates, information or other content on or accessible through any website or app.

Stessa does not confirm, and does not make or give any guarantee regarding, (i) any information in any request for, or in any request to be contacted about, a quote, pre-qualification, pre-approval, loan commitment, loan or loan-related document, nor (ii) any information about any consumer, potential borrower or other person who submits or is the subject of an inquiry, nor (iii) any information about, or in any rating of or feedback about, any Third-Party Provider, nor (iv) that any person will be offered or able to obtain any particular rates, loan, loan application, quote, pre-qualification, pre-approval, loan commitment or loan-related transaction.

COPYRIGHT AND INTELLECTUAL PROPERTY

We respect the intellectual property of others, and we ask that you do too. With regards to appropriate circumstances and at its sole discretion, Stessa may disable and /or terminate the accounts of a user who violates our Terms and or infringes on the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to our Designated Copyright Agent (set forth below) the following information (as required by Section 512(c)(3) of the Digital Millennium Copyright Act):

The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
A description of the copyrighted work or other intellectual property that you claim has been infringed;
A description of where the material that you claim is infringing is located on the site, with enough detail that we may find it;
Your physical address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Deliver this Notice, with all items completed, to Stessa’s Designated Copyright Agent:

TRADEMARK INFORMATION

You herein acknowledge, understand and agree that all of the Stessa trademarks, copyright, trade name, service marks, and other Stessa logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of Stessa. You herein agree not to display and/or use in any manner the Stessa logo or marks without obtaining Stessa’s prior written consent.

OPEN-SOURCE SOFTWARE

The Service includes functionality implemented using certain items of open-source software. For further information, see the “Open-Source Software License Information” link presented separately under “Legal” in the footer that appears below.

TERMINATION

We reserve the right to suspend or end the Service at any time at our discretion and without notice. For example, we may suspend or terminate your use of the Service if you are not complying with these Terms or use the Service in a manner that would cause us legal liability, disrupt the Service or disrupt others’ use of the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may do so at any time and simply discontinue using the Service.

SERVICE “AS IS”

THE USE OF STESSA AND THE SERVICE ARE AT THE SOLE RISK BY YOU. TO THE FULLEST EXTENT PERMITTED BY LAW, STESSA AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, ABOUT THE SERVICE. THE SERVICE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. WE ALSO DISCLAIM ANY WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

STESSA AND SERVICE PROVIDER MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (v) ANY SIGNATURE PRODUCED USING ELECTRONIC SIGNATURE TECHNOLOGY WILL BE CONSIDERED EFFECTIVE, VALID, ENFORCEABLE OR ADMISSIBLE IN ANY JURISDICATION RELEVANT TO THE TRANSACTION, OR (vi) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS.

FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM STESSA OR FROM OUR SERVICE OR SERVICE PROVIDER THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

STESSA DOES NOT, AND THE SERVICE IS NOT INTENDED TO, PROVIDE FINANCIAL, LEGAL, OR OTHER ADVICE. THE REPORTS, TEMPLATES, DOCUMENTS, ANALYSES, INSIGHTS, OR OTHER CONTENT OR MATERIAL OBTAINED FROM OR THROUGH THE SERVICE IS NOT INTENDED TO AND DOES NOT CONSTITUTE LEGAL, FINANCIAL, REAL ESTATE, INVESTMENT, BUSINESS OR PROFESSIONAL ADVICE OF ANY KIND. DO NOT ACT ON ANY CONTENT OR MATERIAL OBTAINED THROUGH THE SERVICE WITHOUT FIRST SEEKING RELEVANT PROFESSIONAL COUNSEL. THE SERVICE SHOULD NOT BE USED AS A SUBSTITUTE FOR CONSULTATION WITH A PROFESSIONAL ADVISOR. YOU AGREE THAT STESSA IS NOT RESPONSIBLE FOR ANY FINANCIAL, BUSINESS, OR LEGAL DECISIONS THAT YOU MAY MAKE. STESSA IS NOT AN ATTORNEY, ESCROW AGENT, LENDER OR REAL ESTATE BROKER REPRESENTING YOU OR ANOTHER USER. STESSA AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, REGARDING THE FINANCIAL PERFORMANCE, LEGAL STATUS (INCLUDING, BUT NOT LIMITED TO, BUILDING CODE COMPLIANCE AND COMPLIANCE WITH ACCESSIBILITY LAWS), SUITABILITY, OR ANY OTHER CONDITION OR STATUS WHATSOEVER OF ANY PROPERTY YOU OWN OR MANAGE; AS TO THE ENFORCEABILITY OR LEGAL SUFFICIENCY OF ANY LEASE OR OTHER AGREEMENT YOU MAY HAVE WITH A TENANT, OR AS TO YOUR RIGHTS OR OBLIGATIONS THEREUNDER; AS TO THE REPUTATION, ABILITY OR PERFORMANCE OF ANY TENANT OR ANY OTHER USER; AS TO THE PAST OR FUTURE RENTAL HISTORY, ABILITY TO RENT, CRIMINAL HISTORY, ABILITY TO PAY, ABILITY TO PERFORM UNDER A LEASE, FINANCIAL CONDITION, THE ACCURACY OF REGISTRATION INFORMATION OR ANY OTHER INFORMATION, OR ANY OTHER MATTER, CONCERNING ANY TENANT OR YOUR LEASE, RENTAL CONTRACT OR OTHER AGREEMENTS WHATSOEVER WITH ANY TENANT. ANY AND ALL CONCERNS, DIFFERENCES, DISCREPANCIES, QUESTIONS OR REQUESTS FOR ADDITIONAL INFORMATION REGARDING ANY TENANT OR ANY AGREEMENT YOU MAY HAVE WITH A TENANT MUST BE ADDRESSED WITH THE TENANT.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL STESSA BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS TO OR USE OF THE STESSA SERVICES (INCLUDING, BUT NOT LIMITED TO, USER CONTENT AND LINKS TO THIRD-PARTY WEBSITES), OR THE ORDER, RECEIPT OR USE OF ANY PRODUCT OR SERVICE, OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM STESSA, OR FROM EVENTS BEYOND STESSA’S REASONABLE CONTROL, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED) OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF STESSA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF STESSA ARISING OUT OF OR IN ANY WAY RELATED TO THE STESSA SERVICES EXCEED ONE HUNDRED DOLLARS ($100). THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE STESSA’S SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF.

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

INDEMNIFICATION

You shall indemnify and hold harmless Stessa, and, at Stessa’s option, defend Stessa and Service Provider and their affiliates from any and all third-party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorney’s fees) (“Losses”) caused by or arising from your use of the Service, your violation of these terms or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone. You further agree that Stessa shall have control of the defense or settlement of any third-party claims unless Stessa exercises its option to require you to defend Stessa. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Stessa. You agree that Service Provider is a third-party beneficiary of the above provisions, with all rights to enforce such provisions as if Service Provider were a party to this agreement.

Arbitration

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH STESSA AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

YOU AND STESSA AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OR THE STESSA SERVICES SHALL BE FINALLY DECIDED BY BINDING ARBITRATION UNDER THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION GOVERNING CONSUMER DISPUTES.

Arbitration uses a single, neutral arbitrator to decide a dispute (instead of a judge or jury); arbitration allows for more limited discovery than in a court case; and the arbitration process and result is subject to very limited review by courts. In an arbitration you have the right, at your expense, to be represented by an attorney of your choosing. Arbitrators can award the same damages and relief under these Terms that a court can award under these Terms. You and Stessa agree that any in-person arbitral hearing would occur in the United States in the same county and state as your billing address. Stessa further agrees that your filing fee for an arbitration will be capped at the amount set by the American Arbitration Association. You agree that, by agreeing to these Terms, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Stessa are each waiving the right to a trial by jury and/or to participate in a class action. This arbitration provision shall survive termination of these Terms and the termination of your use of the Stessa Services. Further, unless both you and Stessa agree otherwise, the arbitrator may not join or consolidate more than one person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

Class Action Waiver

REGARDLESS OF THE FORUM, YOU AND STESSA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

RENT ESTIMATE USES AND RESTRICTIONS

By purchasing a Rent Estimate from Stessa, you agree to use the Rent Estimate (and all the underlying data included) (collectively “Rent Estimate”) for your personal and internal use only. Specifically, you agree to the following uses and limitations:

You may not sublicense or redistribute the Rent Estimates, derivatives, or integrated products to other users, whether directly or through third-party distribution channels, including resellers.
You may not disclose, use, disseminate, reproduce, publish, resell, or redistribute the Rent Estimates.
You may incorporate the Rent Estimates into your current internal workflow process.
You may not use the Rent Estimates (i) as a factor in establishing an individual’s eligibility for credit or insurance, (ii) in connection with underwriting individual insurance, (iii) in evaluating an individual for employment purposes, (iv) in connection with a determination of an individual’s eligibility for a license or other benefit granted by a governmental authority, (v) in connection with any permissible purpose as defined by the Fair Credit Reporting Act (15 U.S.C. Sections 1681 et seq.), or (vi) in any other manner that would cause such use of the Rent Estimates to be construed as a consumer report by any authority having jurisdiction over any of the Parties.
You may not use the Rent Estimates for any purpose that (a) infringes any third-party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy, (b) violates any law, statute, ordinance or regulation (including without limitation the laws and regulations governing unfair competition, anti-discrimination or false advertising), or (c) is defamatory, trade libelous, unlawfully threatening or unlawfully harassing.
The Rent Estimate is provided by one or more third parties and governed by the respective third-party’s terms and privacy policy. Stessa does not make any representation or warranty with respect to any aspect of the Rent Estimate (including any portion of the underlying data), and is not responsible for its accuracy, sufficiency, veracity, completeness, or timeliness. You hereby release Stessa from any and all claims, demands, liability and damages (actual or consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with your use of any portion of the Rent Estimate (including any of the underlying data.)

If you have questions about using the Reports, please contact us at [email protected].

CASH MANAGEMENT BUSINESS DEPOSIT ACCOUNT AGREEMENT

Cash Management Deposit Account Agreement (the “Agreement”) can be found here: https://www.stessa.com/depositterms

GOVERNING LAW

These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions. Any dispute arising from or relating to these Terms shall be finally settled in federal or state court in San Francisco County, California, in English, and each party irrevocably submits to the jurisdiction and venue of such courts.

ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and Stessa with respect to the subject matter of these Terms and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third-party beneficiary rights.

WAIVER AND SEVERABILITY OF TERMS

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have between us regarding the Service.

CHANGES

We reserve the right, at our sole discretion, to modify or replace these Terms at any time.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

QUESTIONS

If you have questions about these Terms, please contact us at [email protected].