This Terms and Conditions Agreement (“Agreement”) governs the provision of services by Ceasoned, LLC, doing business as DWELLINGMonster (“DWELLINGMonster”), to the customer (“Customer”) and any end user (“End User”) who accesses or uses the services. By accessing or using the services, or by creating a user account, the Customer and End User acknowledge that they have read, understood, and agree to be bound by this Agreement. Any party who does not agree to these terms must not access or use the services and, if an account has already been created, must contact support@dwellingmonster.com to request cancellation of all services.
1.1 Authority. The individual accepting this Agreement represents and warrants to DWELLINGMonster that they possess the authority to bind the Customer and any Affiliates to this Agreement.
1.2 End Users. To access or use the services (as defined as app.dwellingmonster.com), an End User must register for an End User Account by providing their full legal name, a valid email address, and any other information required by DWELLINGMonster to complete the registration process. Users do not require an account to access the information provided at the marketing URL of www.dwellingmonster.com.
1.3 Relationship Between Customer and End User. The administrator of the Customer’s Account may modify or reassign End User roles and otherwise exercise the rights granted to the Customer under this Agreement. If the Customer replaces the administrator of its Account, the new administrator must take all actions reasonably necessary, as requested by DWELLINGMonster or the Customer, to facilitate the transfer of authority. End Users may submit Customer Data to the services, and the Customer may provide DWELLINGMonster with instructions regarding such data, including provisioning or deprovisioning access, managing permissions, retention, export settings, and reassigning inboxes. The Customer’s choices and instructions may result in the disclosure, modification, deletion, or other processing of Customer Data.
2.1 Access. Access to the services is provided through account creation. Customers may purchase a subscription for each End User who accesses or uses the services.
2.2 Customer’s Responsibilities. The Customer is responsible for the conduct of its End Users and for ensuring that End Users comply with this Agreement at all times. The Customer must:
2.3 Login Credentials. The Customer and End User are responsible for maintaining the confidentiality of all login credentials. DWELLINGMonster shall not be liable for any damages or losses resulting from failure to maintain such confidentiality. End Users may not share or reuse login credentials. DWELLINGMonster reserves the right to refuse registration or cancel passwords it deems inappropriate. The Customer must notify DWELLINGMonster at support@dwellingmonster.com of any unauthorized use or access.
2.4 Acceptable Use. The Customer and End User agree to use the services in compliance with all applicable laws and regulations and to adhere to DWELLINGMonster’s End User Conduct and Content Policy.
2.5 Export Compliance. Customer and End User may not remove or export from the United States or allow the export or re-export of the Services, Software or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. Customer represents that neither it nor any of its End Users are named on any U.S. government denied-party list. Customer shall not permit any End User to access or use the Services in a U.S. embargoed country or region or in violation of any U.S. export law or regulation.
2.6. Equipment. Customer shall be responsible for obtaining, maintaining and securing any Equipment used to access the Services.
2.7 Support and Maintenance. The services may be temporarily unavailable for scheduled or emergency maintenance. DWELLINGMonster will use reasonable efforts to provide advance notice of scheduled disruptions. DWELLINGMonster may access Customer or End User Accounts to respond to support requests.
3.1 Protection of Confidential Information. The receiving party agrees to protect the confidentiality of confidential information using at least the same degree of care as it uses for its own confidential information. Data that does not reference property location or personally identifiable information may be anonymized and used by DWELLINGMonster for marketing or resale purposes. Personal information shall not be disclosed unless the disclosing party places such information in a non-designated field.
3.2 Compelled Disclosure. The receiving party may disclose confidential information as legally required, provided that, when permitted by law, advance notice is given to the disclosing party.
3.3 Equitable Relief. The receiving party acknowledges that unauthorized disclosure of confidential information may cause substantial harm, entitling the disclosing party to equitable relief in addition to other remedies.
4.1 Data Protection. dWellingMonster shall implement and maintain technical, organizational, and physical measures designed to protect the confidentiality, integrity and availability of Customer Data in dWellingMonster’s possession, custody or control.
4.2 Usage Data. Notwithstanding anything to the contrary, dWellingMonster shall have the right where permitted by law to collect, aggregate and analyze anonymized or de-identified data and other information relating to Customer and End Users’ use of the Services, including, without limitation, information concerning Customer Data and data derived therefrom (collectively, “Usage Data”), and dWellingMonster will be free during and after the Subscription Term to use Usage Data to analyze, support, develop, operate and improve the Services and other dWellingMonster offerings and for other lawful business purposes, including without limitation, to generate industry benchmarks or best practice guidance, recommendations, or similar reports.
4.3 Feedback. By submitting any feedback or suggestions regarding the Services, or sharing such feedback with any Representative of dWellingMonster, Customer grants to dWellingMonster an unlimited, irrevocable, perpetual, sub-licensable, transferable, royalty-free license to use such feedback or suggestion(s) for any purpose and without any obligation or compensation to Customer, End User, or any other Customer Representative. No rights or licenses are granted except as expressly set forth herein.
