Terms of Service

Last revised on January 27th, 2023, effective as of January 27th, 2023.

Please read these terms and conditions (“Agreement”) carefully. By signing up for an account with Wasyaps Pty. Ltd. (“Don't Relet”) or using the Don't Relet website (the “Site”), Don't Relet’s automated messaging and analytics technology (including any data or content available through such technology), and other services (collectively with the Site, “Services”), you agree to the terms and conditions of this Agreement.

Please read Don't Relet’s Privacy Policy, which along with any additional terms you agree to pursuant to this Agreement or by turning on specific features, are included as part of this Agreement. If you do not agree to all the terms of this Agreement, you do not have any right to use the Services. Don't Relet may modify this Agreement at any time by posting a notice on the Services, or by sending you a notice via email. You will be responsible for reviewing and becoming familiar with any such modifications. Your use of the Services following such notification constitutes your acceptance of the modified terms. If at any time you do not agree to this Agreement, you must terminate your use of the Services. You will still remain liable for any obligations incurred or charges accrued on or before the date of termination.

1. Access to Services

Subject to the terms and conditions of this Agreement, Don't Relet will provide the Services, solely for you and your authorized employee and independent contractor end users (“Authorized Users”). Services may include the offering of any materials displayed or performed on the Services and related features (including text, data, software, graphics, photographs, images, illustrations, audio clips and video clips). Additional professional services may be provided upon mutual agreement and are subject to additional terms. Don't Relet may change, suspend or discontinue the Services for any reason, at any time, including the availability of any feature or content. Don't Relet may also restrict your access to parts or all of the Services without notice or liability.

Mp>You represent and warrant to Don't Relet that if you are an individual (i.e., not a corporation) you are at least 18 years of age. If you are entering into this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind such entity to this Agreement, in which case the terms “you” or “your” will refer to such entity. You also represent and warrant that you are legally permitted to use the Services. This Agreement is void where prohibited by law, and the right to use the Services is revoked in such jurisdictions.

Don't Relet will use commercially reasonable efforts to ensure that the Services are available twenty-four hours a day, seven days a week. However, there will be occasions when the Services will be interrupted for maintenance, upgrades, and emergency repairs, or due to failure of telecommunications links and equipment. Don't Relet will take reasonable steps to minimize such disruption where it is within Don't Relet’s reasonable control. Don't Relet will not be liable in any event to you or any other party for any suspension, modification, discontinuance, or lack of availability of the Services, your Data (defined below), or other content.

2. Intellectual Property Rights

As between Don't Relet and you, Don't Relet (or its licensors) is the sole and exclusive owner and will retain all right, title and interest in and to the Services. You will not copy or store any portion of the Services other than for your personal, noncommercial use, without prior written permission from Don't Relet, or from the applicable copyright holder. All trademarks, service marks, and trade names that appear on the Services are proprietary to Don't Relet or third parties. You will abide by all copyright notices and restrictions contained in the Services. Subject to the terms and conditions of this Agreement, Don't Relet grants you and your Authorized Users a nonexclusive, nontransferable right (without right to sublicense) to access and use the Services, solely for your and your Authorized Users’ internal business purposes. Except as provided in this Section, you may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, perform, display, or in any way exploit, any of the Services in whole or in part. Additionally, you will not attempt to circumvent any ofDon't Relet’s technical measures, or decompile, reverse engineer, or disassemble the Services.

3. Copyright

In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, Don't Relet has a policy of terminating, in appropriate circumstances and in its sole discretion, users who are deemed to be repeat infringers. Don't Relet may also terminate the accounts of any users who infringe any intellectual property rights of others.

If you think anyone has posted material to the Services that violates any copyrights or other intellectual property right, then you can notify Don't Relet at support@dontrelet.com. Upon receipt of such complaint, we may take whatever action, in our sole discretion, we deem appropriate, in accordance with applicable law (including with the safe harbor provisions of the DMCA).

4. Customer Data

For any data (e.g., text, sound, video, or image files) you provide to Don't Relet, including data regarding your property owners' properties, in connection with your use of the Services (“Data”), you grant Don't Relet a non-exclusive, worldwide, royalty-free, transferable license to use, modify, reproduce, and display such Data (including all related intellectual property rights) to provide and improve the Services. You represent and warrant that you: (i) possess sufficient rights in and to the Data as may be necessary to permit the use contemplated under this Agreement; and (ii) you will not contribute any Data that: (a) infringes any intellectual property right, proprietary right, or the privacy or publicity rights of another; (b) is libelous, defamatory, obscene, pornographic, harassing, hateful, offensive or otherwise violates any law or right of any third party; (c) contains a virus, trojan horse, worm, or other computer programming routine or engine intended to detrimentally interfere with the Services or any system, data or information; or (d) causes damage to the systems of Don't Relet or its users in any way.

You bear all responsibility and liability for the accuracy, completeness, quality, integrity, legality, reliability, appropriateness, and right in the Data and Don't Relet’s access, possession and use of the Data as permitted herein. Don't Relet does not assume liability for any Data.

If you disclose Data which includes personally identifiable information or information that could be used to identify an individual (“Personal Data”), you represent and warrant that: (i) you comply with all applicable laws relating to the collection, use, and disclosure of Personal Data; (ii) you maintain and abide by a privacy policy, which clearly and conspicuously discloses that (a) you use third-party providers to provide services such as the Services to your end-users; and (b) you may disclose such Personal Data to providers like Don't Relet; (iii) you have made all required notifications and obtained all required consents and authorizations from your end users relating to the disclosure of Personal Data to a provider like Don't Relet; and (iv) you are responsible for assessing whether or not Don't Relet’s Services are appropriate for your use with respect to your obligations under any applicable laws or regulations. If you are subject to European data protection laws, the California Consumer Privacy Act (CCPA), or similar data protection laws, you further represent and warrant that you have executed Don't Relet’s Data Processing Addendum.

Don't Relet reserves the right to remove any Data from the Services at any time, for any reason or for no reason at all, though Don't Relet will make commercially reasonable efforts to alert you of such actions as soon as practicable. Don't Relet may, but is not obligated to, monitor Data and remove any such Data or prohibit any use of the Services, including by refusing to send e-mail to your end users, if Don't Relet believes in its sole discretion such Data or use may be (or is alleged to be) in violation of this Agreement or any applicable laws or may impact delivery.

5. Confidentiality

Don't Relet’s communications to you and the Services may contain Don't Relet confidential information. Such confidential information may include business, technical, financial or other information that is marked confidential or should reasonably be considered confidential based on the circumstances surrounding the disclosure and the nature of the information disclosed. For clarity, all Data will be deemed confidential information without any marking or further designation. If you receive any such confidential information, then you will not disclose it to any third party without Don't Relet’s prior written consent and will not use such confidential information for any purpose other than fulfilling your obligations and exercising your rights under this Agreement.Don't Relet confidential information does not include information that you independently developed, was rightfully given to you by a third party without confidentiality obligation, or that becomes public through no fault of your own. You may disclose Don't Relet confidential information when compelled to do so by law if you provide reasonable prior notice toDon't Relet, unless a court orders that Don't Relet should not receive notice. Don't Relet may disclose Data at the request of any state, federal or other governmental agency or in response to any judicial process (including, without limitation, a subpoena). Unless otherwise required by applicable law, within 60 days of the termination of this Agreement for any reason, you must: (i) cease the use of all confidential information; (ii) delete, and upon request certify that you have deleted, all documents and other materials in your possession or control containing, recording, or constituting confidential information.

6. Commercial Terms

Fees for the Services are posted on the Services or in a service order (“Service Order”) (“Fees”). You will pay the Fees for the initial term upon starting your subscription. Following your first payment, Fees are due, as follows: (i) for monthly subscriptions, each month on the same (or closest) date as the day you made your first payment; (ii) for annual subscriptions, each year on the same (or closest) date as the day you made your first payment; or (iii) as otherwise mutually agreed. If your usage exceeds your sending limit, you’ll have to pay at the higher level for that Subscription Term (defined below), as indicated on the Services or in a Service Order. Don't Relet reserves the right to change Fees at any time by posting an update to the Services or otherwise providing reasonable notice to you. You are responsible for payment of all applicable Fees. You agree to provide valid and accurate credit card information and payment details and authorizeDon't Relet to deduct the Fees against the payment instrument provided. If you are using a credit card, you represent and warrant you are authorized to use that credit card, and that any and all charges may be billed to that credit card and won’t be rejected.

If you are using the paid portion of the Services, you will pay or reimburse Don't Relet for all sales, use, excise, and all other taxes and all duties, related to Don't Relet’s performance under this Agreement excluding, however, taxes measured by Don't Relet’s profits, overall sales, employment, and property or other taxes measured in whole or in part by the value of Don't Relet’s assets. You will not be liable for any taxes that Don't Relet fails to invoice.

Don't Relet will provide you with reasonable customer support and maintenance for the paid portion of the Services via e-mail. Don't Relet does not guarantee that the support will be available at a certain time or that Don't Relet will respond within a certain time or resolve all problems in connection therewith.

If you register for a free trial, we will make the applicable Services available to you on a trial basis free of charge until the earlier of: (a) the end of the free trial period (if not terminated earlier), or (b) the start date of your paid subscription. Unless you purchase a subscription to the applicable Services before the end of the free trial, all of your Data in the Services may be permanently deleted at the end of the trial, and will not be recoverable. If we include additional terms and conditions for a trial, those will apply and will govern over these terms in the event of conflict.

7. Disclaimers

Don't Relet has no special relationship with or fiduciary duty to you. You acknowledge that Don't Relet has no control over, and no duty to take any action regarding: which end users gain access to the Services; what results you may obtain via the Services; what effects the Services may have on you; how you may interpret or use such results; or what actions you may take as a result of having been exposed to the Services. You release Don't Relet from all liability for your having acquired or not acquired Services and content and results through the Services.Don't Relet does not manage or control any business or individual that you may interact with through the Services, and Don't Relet accepts no responsibility or liability for any act or omission by such entity.

The Services may contain, or direct you to third-party sites on the Internet. Third-party sites or services are not within the supervision or control of Don't Relet. Third-party providers of ancillary services may require your agreement to additional or different terms prior to your use or access of their site or services. Any such agreement will in no way modify this Agreement. Don't Relet MAKES NO REPRESENTATIONS AND DISCLAIMS ALL WARRANTIES CONCERNING ANY CONTENT CONTAINED IN OR ACCESSED THROUGH THE SERVICES.

TO THE FULLEST EXTENT ALLOWED BY LAW, Don't Relet WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, RELIABILITY, AVAILABILITY, COMPLETENESS, COPYRIGHT COMPLIANCE, LEGALITY, OPERABILITIY OR DECENCY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH THE SERVICES. THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. Don't Relet DISCLAIMS ALL SUCH WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

BY USING THE SERVICES, YOU ACKNOWLEDGE THAT Don't Relet IS NOT RESPONSIBLE OR LIABLE FOR ANY HARM RESULTING FROM: (i) USE OF THE SERVICES; (ii) DOWNLOADING INFORMATION CONTAINED ON THE SERVICES; (iii) UNAUTHORIZED DISCLOSURE OF IMAGES, INFORMATION OR DATA THROUGH THE SERVICES; AND (iv) THE INABILITY TO ACCESS OR RETRIEVE ANY DATA FROM THE SERVICES, INCLUDING, WITHOUT LIMITATION, HARM CAUSED BY VIRUSES OR ANY SIMILAR DESTRUCTIVE PROGRAM.

8. Registration and Security

As a condition of using the Services, you and your Authorized Users may be required to supply Don't Relet with certain registration information. You will provideDon't Relet with accurate, complete, and updated registration information. Neither you nor your Authorized Users may share your password or login credentials with anyone. You are responsible for maintaining the confidentiality of such credentials.

Your Authorized Users must create their own respective account, subject to any applicable seat limits and such users’ compliance with this Agreement. Both you and the Authorized User are responsible for all activity under such accounts. You will immediately notify us of any suspected, unauthorized use of your or an Authorized User’s account or any other breach of security you become aware of. Don't Relet has the right to refuse registration of and suspend or terminate any Authorized User in its discretion. Don't Relet may further suspend access to the Services in the event Don't Relet reasonably believes such action is necessary to protect the security or integrity of the Services or any data thereon. Don't Relet will provide advanced written notice of such suspension, if reasonably practicable.

9. Indemnify

You will indemnify and hold Don't Relet, its directors, officers, employees, agents, and representatives harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of: (i) your access or use of the Services, (ii) your violation of this Agreement, (iii) your infringement, or the infringement by any third party using your registration information, of any intellectual property, or other right of any person or entity, and (iv) the Data or any other materials provided to Don't Relet.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXCEPT FOR DAMAGES AND LIABILITIES ARISING FROM: (i) A PARTY’S BREACH OF SECTION 6 (CONFIDENTIALITY); (ii) ITS VIOLATION OF APPLICABLE LAWS; (iii) ITS INDEMNIFICATION OBLIGATIONS; OR (iv) GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT, IN NO EVENT SHALL EITHER PARTY, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, MEMBERS, AGENTS AND REPRESENTATIVES BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND OR DAMAGES FOR LOSS OF USE, PROFITS, DATA, IMAGES, OR OTHER INTANGIBLES, OR IN THE CASE OF Don't Relet, DAMAGES FOR UNAUTHORIZED USE, NON-PERFORMANCE OF THE SERVICES, ERRORS OR OMISSIONS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Don't Relet’S LIABILITY UNDER THIS AGREEMENT WILL BE LIMITED TO THE GREATER OF: (A) THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO THE DATE THE CLAIM AROSE; OR (B) $100.00 US DOLLARS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

11. Termination

This Agreement begins on the date you first use the Services and continues as long as you access them. If you purchase a subscription, your subscription will automatically renew at the subscription period frequency referenced on the Services (or if not designated, then monthly), or as otherwise set forth in an applicable Service Order (“Subscription Term”). Unless Don't Relet provides notice otherwise, the Fees for your subscribed Services will increase by 5% annually. You may terminate your use of the Services, any Service Order and this Agreement at any time by closing your account; please note that you will remain liable for all Fees for the remainder of the then-current Subscription Term. Don't Relet may also terminate or suspend any and all Services immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. Any Fees paid hereunder are non-refundable, unless otherwise required by law. Upon any termination, your right to use the Services and access Data through the Services will immediately cease. All provisions of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability. In the event this Agreement terminates or expires before the termination or expiration of a Service Order, this Agreement will govern such Service Order, until the Service Order terminates or expires.

12. Privacy

Please review Don't Relet’s Privacy Policy, which governs Don't Relet’s use of Personal Data and Data.

13. Jurisdiction

This Agreement will be governed by and construed in accordance with the laws of NSW, Australia, excluding its conflicts of law rules, and Australia. Any dispute arising from or relating to the subject matter of this Agreement will be finally settled by the state courts located in NSW, Australia. Use of the Services is not authorized in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation, this section.

14. Miscellaneous

The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.

This Agreement is not assignable, transferable, or sublicensable by you except with Don't Relet’s prior written consent. Don't Relet may transfer, assign or delegate this Agreement and any or all of its rights and obligations without consent.

Don't Relet may request and with your consent, Don't Relet may publicly disclose in writing that you purchased Services and may use your trademarks, service marks or trade name solely in connection with such disclosures.

This Agreement (including the Privacy Policy) is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority to bind Don't Relet in any respect whatsoever.

Wasyaps Pty. Ltd., support@dontrelet.com.