Terms of Service

Welcome and thank you for your interest in Amenify Corporation (“Amenify,” “we,” “our,” “us”) and our website located at www.Amenify.com (the “Site”), along with our other related websites, networks, applications and other services provided by us (collectively and including the Site, our “Service”). These Terms of Service (“Agreement”) are a legally binding contract between you and Amenify regarding your use of the Service. Please only create an account or otherwise use the Service if you agree to be legally bound by all terms and conditions herein. If you are viewing this on your mobile device, you can also view this Agreement via a web browser at [URL]. Your acceptance of this Agreement creates a legally binding contract between you and Amenify. If you do not agree with any aspect of this Agreement, then do not create an account or otherwise use the Service.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS IT (AMONG OTHER THINGS) PROVIDES (A) IN SECTION 18.9 (ARBITRATION) THAT YOU AND AMENIFY WILL ARBITRATE CERTAIN CLAIMS INSTEAD OF GOING TO COURT AND THAT YOU WILL NOT BRING CLASS ACTION CLAIMS AGAINST AMENIFY; AND (B) IN SECTION 6 (SUBSCRIPTIONS) THAT CERTAIN TERMS AND CONDITIONS APPLY WITH RESPECT TO SUBSCRIPTIONS.

Note for Children. Use of the Service by anyone under the age of 18 is prohibited.

1. Acceptance of Terms

1.1 This Agreement is a binding legal contract that governs your use and access of the Service. You must accept the terms of this Agreement before you may access or use the Service. You can accept the terms of this Agreement by clicking to accept or agree where such option is made available to you.

1.2 By accepting this Agreement, or by accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by the following terms and conditions. In addition, by accepting this Agreement, you represent and warrant the following:

(a) You are at least 18 years old and have the legal capacity to be bound by this Agreement;

(b) You are not a person barred from receiving the Service under the laws of the United States or other applicable jurisdiction;

(c) all registration information you submit is and will remain truthful, accurate and complete, and that you will maintain and update such information as needed;

(d) If you are accepting this Agreement on behalf of a company or another legal entity, you have the authority to bind such entity to this Agreement, in which case the terms “you” or “your” will refer to such entity; and
(e) the Partners (defined below) are not providing the Service to you and that Amenify is a third-party platform

1.3 Amenify’s Privacy Policy, at [URL](the “Privacy Policy”), describes the collection, use and disclosure of data and information by Amenify in connection with the Service. You hereby agree to the collection, use and disclosure practices set forth in the Privacy Policy.

1.4 We reserve the right to make modifications, deletions and/or additions to this Agreement (“Changes”) at any time, in our sole discretion, this Agreement at any time, in our sole discretion. You can find the most recent version of this Agreement at with the date of last modification noted above. Changes will be effective : (i) thirty (30) days after Amenify provides notice of the Changes, whether such notice is provided through the Service, is sent to the e-mail address associated with your account or otherwise; or (ii) when you opt-in or otherwise expressly agree to the Changes or a version of this Agreement incorporating the Changes, whichever comes first.

2. Amenify Service

2.1 Through our Service, we make available certain resident perks and discounts (“Perks”) to third-party products and services (“Third-Party Products”) offered by a wide range of participating merchants, providers, and vendors (“Vendors”) available to you. To accomplish this, we offer a mix of direct-to-consumer products and subscriptions (“Renewable Membership”) for purchase, along with partnerships with Apartment Owners, Operators, Employers, Corporate Housing, and Third-Party Groups (“Partners”). Depending on your account type, you may also be eligible to benefit from our unique rewards program through which Partners will be able to reward or provide gifts for residents (the “Benefits Program”) by exchanging pre-purchased credit (“Rewards Credit”) for resident incentives (“Rewards”).

2.2 Rewards Credit amounts and expiration may vary based on location, partnership, direct subscription, or other factors which are subject to change.

2.3 You understand that in order to use the Service, a current browser or mobile App is required. Additionally, a stable connection to the Internet is required. The Service may work in a limited manner on other web browsers and earlier versions of the recommended browsers, but please keep in mind that the Service was not designed for use or compatibility with non-current web browsers.

2.4 Geographic scope of promotions: Rewards are limited to the country where your Renewable Membership was given (your “Membership Country”). If you travel outside of your Membership Country, your Membership Benefits may not apply to any purchases while outside of your Membership Country.

3. Use of the Service

3.1 Acceptable Use. You agree that you will not (and will not permit or encourage any Users or other third party to) directly or indirectly:

Use the Service in any manner or for any purpose other than as expressly permitted by this Agreement;
Use the Service in violation of any federal, state, local, or international laws or regulations;
Resident doesn't ask to violate their lease, if applicable to the Resident's home;
Copy, circulate, distribute or link to any of the Perks and/or discounts we provide, including any discount codes or links, without our prior written consent;

Share your log-in, password, or otherwise permit a third party to access or use your account or that of another User;

Reproduce, duplicate, copy, sell, resell, rent, lease, or exploit any portion of the Service, use of the Service, or access to the Service without our prior written consent;

Use the Service for storing or transmitting infringing, libelous, offensive, defamatory, pornographic, obscene or otherwise objectionable, unlawful or tortious material;

Use the Service to store or transmit malicious code, viruses, Trojan horses, or worms of a destructive nature or that may damage or harm the Site, Service, and/or our computer systems;

Interfere with other Users’ use or enjoyment of the Service;

Attempt to gain unauthorized access to the Service or to another User’s account or any related systems or networks;

Steal or reverse engineer the user interface design, workflow, or any features of the Service, in whole or in part;

Modify, publish, transmit, reproduce, create derivative works from, distribute, display, or incorporate into another website the Service, in whole or in part;

Take screenshots or videos of any part of the Service in order to share the information with one of our competitors or a company seeking to create and/or offer services similar to the Service;

Impersonate or misrepresent any individual or company to us;

Use the Service to infringe the copyrights or other intellectual property rights of any third parties;

Modify, adapt or hack the Service or modify another Site so as to falsely imply that it is associated in any way with us and/or the Service;

Abuse or threaten (including threats of abuse or retribution) in any way any of our employees, officers, or other affiliates through verbal, physical, written, or other means;
Upload, post, or transmit unsolicited email, SMS, or “spam” messages; or
Duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements of the Service without our prior written consent.

3.2 Notice of Unauthorized Use. You will immediately notify us of any unauthorized use of your account or the Service that comes to your attention, including without limitation any unauthorized access to or use of your account credentials, as further described in Section 5.2 (Account Security). In the event of any such unauthorized use, you will take all steps necessary to terminate such unauthorized use. Additionally, you will provide us with such cooperation and assistance related to any such unauthorized use as we may reasonably request.

4. Changes and Updates to the Service

You understand that the Service may change over time as we refine and add more features or content. We reserve the right to update, modify, or discontinue all or part of the features, functionality, content or other aspects of the Service, including any and all Perks, at any time and without liability, with or without notice, in our sole discretion.

5. User Account(s)

5.1 Account Registration. To obtain access to the Service as a User, you are required to obtain a login to the Service, by completing a registration form providing your name, email address, physical address of residence, and a password, or such other information as we may request. When registering as a User you must meet the conditions set forth in Section 1.2 above, including: (a) providing true, accurate, current and complete information about yourself as requested by the registration form for the Service, and (b) maintaining and promptly updating throughout the term of this Agreement such information to keep it true, accurate, current and complete. Your User account login is personal to you and may not be shared or used by anyone else. However, subject to the terms of this Agreement, you may add or create separate logins for as many Users as you would like.

5.2 Account Security. Only you may use your User account login. You are solely responsible for maintaining the confidentiality of your User account password and you agree not to disclose such password to any other User or third party or let any third party use the Service on your behalf. You must contact us immediately if you suspect misuse of your User account or any security breach in the Service. Please be aware that you are responsible for any and all activity occurring through your User account, whether or not you actually authorized that activity.

6. Subscriptions

6.1 The Service may include offerings that are billed on a subscription basis (“Subscriptions”). For Subscriptions, you will be billed according to Section 7 (Payment Terms). Details for the Subscription will be specified within the Resident Portal (defined below).

6.2 You may terminate your Subscription at any time within the Amenify Resident App. Read about the Cancellation and refund policy here.

7. Payment Terms

7.1 Payment Method. Unless you are purchasing the Service from an authorized reseller, you will pay us the fees for the Service (“Service Fees”) set forth in the then -current payment and pricing terms set forth, on the Service from time to time. All payments will be made by credit card or such other payment methods that we accept from time to time at our sole discretion. When registering for the Service on behalf of your company, you will be required to provide a valid credit card.

7.2 Billing Cycle. You understand that we will automatically charge your credit card monthly or yearly in advance, depending on the plan you have selected, unless and until you cancel your account. All Service Fees will be billed on the first of every month and all amounts are payable in U.S. dollars, unless otherwise agreed to by the parties in writing.

7.3 Refunds. Read about the Cancellation and refund policy here.

7.4 Late Payments. We may assess a late charge if you do not pay the Service Fees on time. The late charge will be the lesser of one and a half (1.5%) percent of the unpaid amount each month or the maximum rate permitted by law. You will reimburse us for all costs we incur in connection with our effort to collect any past due amounts, including attorneys’ fees and other related expenses. We may suspend or cancel your Service if you fail to pay the Service Fees in full on time.

7.5 Taxes. You will be responsible for all taxes related to the Service Fees or your use of the Service, excluding taxes based on Amenify’s net income. You will also be responsible for procuring and maintaining all hardware, software and telecommunications services needed to connect your network to the Service and for paying all third-party access charges (e.g., Internet service provider fees).

7.6 Updates. We reserve the right to adjust the Service Fees, at any time, and for any reason, upon fifteen (15) days’ notice to you via the email address on file with your account or other reasonable means. If you do not agree to such a change in the Service Fees, you may cancel your account during such fifteen (15) day period. By continuing to use the Service after the effective date of the change in Service Fees, you hereby agree to such Service Fees.

7.7 Free Trials and Other Promotions. Any free trial or other promotion that provides you access to the Service must be used within the specified time of the trial subscription period.

8. Access to Resident Unit

8.1 You hereby authorize management and staff at your property to permit entry to your residence by the selected Vendors for the purpose of providing services. You authorize entry only on days for which you have booked these services.

8.2 I understand that no building employee will be available to accompany the Vendors while in the Residence. I further understand that neither management nor any employee at my property assumes responsibility for identification of these vendors, or for their conduct or actions while in the building. All authorizations of entry are in effect until Amenify has been notified of their cancellation.

9. Termination

9.1 If you wish to cancel or terminate your account or Service, you are solely responsible for properly canceling your account. You may cancel your account and terminate this Agreement at any time through the Service dashboard, or by sending us an email at concierge@amenify.com. All cancellation notices must be received at least thirty (30) days prior to the end of your subscription period and will be processed within forty-eight (48) hours of receipt of the request for cancellation.

9.2 We may terminate this Agreement and your rights to access and use the Service for any or no reason, without liability, at our sole discretion at any time, including if we suspect that you or your Users have violated this Agreement. We will attempt to notify you of any such termination but are under no obligation to do so. In addition, without limiting the foregoing termination rights, we reserve the right, at any time and in our sole and absolute discretion, to temporarily suspend access to the Service (in whole or in part) for: (a) scheduled or unscheduled maintenance; (b) purposes of maintaining the security and/or integrity of Amenify’s network, hardware, or associated systems or those of its third party providers; (c) failure by you to timely pay the Service Fees; or (d) the actual or suspected violation of this Agreement by you or your Users.

9.3 Upon termination of this Agreement or cancellation of your account, all licenses and other rights granted to you hereunder will immediately terminate and you will lose access to and will cease all use of the Service (including all Perks and or other discounts offered through the Service), and we may, without liability to you or any third party, immediately deactivate or delete your username, password and account, and all associated materials, without any obligation to provide any further access to such materials. Sections 1, 2 (except for Section 2.2), 3, 4, 5, 7.3-7.5, 9-13, and 15-19 will survive any expiration or termination of this Agreement. Additionally, any and all additional terms not listed in the foregoing sentence that by their nature may survive termination of this Agreement will be deemed to survive such termination. For avoidance of doubt, you understand and agree that any Perks that you obtained through the Service during the Term may not be used beyond the termination of this agreement or cancellation of your account.

10. Third Party Linked Products and Content

The Service may make available listings, descriptions, and images of Third-Party Products (and certain features, content, and functionality associated with such Third-Party Products) and related terms, including references and links (collectively, together with Third-Party Products, “Third-Party Content”). Such Third-Party Content may be made available by Amenify or by third parties, and may be made available for any purpose, including general information purposes. The availability through the Service of any Third-Party Content does not imply our endorsement of such Third-Party Content, or affiliation with the provider of Third-Party Content. Except as otherwise expressly provided for in a separate sales or services agreement between you and us for the sale or provision of any such Third-Party Content, we make no representations and provide no warranties with respect to such Third-Party Content, including as to the completeness, accuracy, reliability, validity, or timeliness of such Third-Party Content or their features, specifications, or prices, and such information and the availability of any Third-Party Content is subject to change at any time without notice. It is your responsibility to ascertain and obey all applicable local, state, federal, and foreign laws (including minimum age requirements) regarding access to and the use of any Third-Party Content. Some Third-Party Content may require you to agree to additional terms such as end user terms and conditions included on the portion of the Site where we make available such Third-Party Content or otherwise with the Third-Party Content when delivered, including that you may be required to comply with other instructions and agreements provided on-line when you log in to the Service with respect to any Third-Party Content hosted thereon.

11. Proprietary Rights

11.1 Our Proprietary Rights. As between you and us, we and our licensors own and reserve all right, title and interest in and to the Service, including all intellectual property rights therein. In the event that you provide us with comments, suggestions, recommendations or other feedback with respect to the Service (including, without limitation, with respect to modifications, enhancements, improvements and other changes to the Service), you hereby grant to us a world-wide, royalty free, irrevocable, perpetual license to use and otherwise incorporate any such feedback you provide us into the Service. Additionally, you hereby grant to us and our contractors the right to use, modify, adapt, reproduce, distribute, display and disclose any information or data you transmit to the Service solely to the extent necessary to provide you with the Service or as otherwise permitted by this Agreement and the Privacy Policy.

11.2 Trademarks. The Service contains valuable trademarks owned and used by us to distinguish the Service from the products and services of others. The Service may also contain references to other entities’ trademarks and service marks, but such references are for identification purposes only and are used with the permission of their respective owners. We do not claim ownership in, or any affiliation with, any third party trademarks or service marks appearing on the Service. You agree not to use or display any trademarks you do not own without our prior written consent or the consent of the owner of such mark.

12. Confidentiality

In connection with this Agreement, you may receive or have access to Confidential Information of Amenify. “Confidential Information” means the terms of this Agreement, and all technical and non-technical information concerning or related to Amenify’s or its affiliates’ respective products, services, and general business operations, information of or concerning Amenify’s or its affiliates’ users or employees, and any and all data, information and materials related to any of the foregoing. You agree that you will not disclose Confidential Information to any third party, except to your employees who have a need to know and are bound by written confidentiality obligations no less restrictive than these. Confidential Information remains the sole and exclusive property of Amenify.

13. Electronic Communications

By registering for the Service, you understand that we may send you or your Users communications or data regarding the Service, including but not limited to notices about your use of the Service (including any notices concerning violations of use), updates, and promotional information and materials regarding the Service, all in electronic form via the email address you specified when you registered. In the event that we send such communications, you will have the opportunity to opt-out of receiving future messages in accordance with the terms of the Privacy Policy. By giving us your phone number, you consent to receive text messages from Amenify. Message & data rates may apply.

Communication regarding Amenify Credits and other related promotional offers

Your Residential Property Manager has engaged Amenify to power private service teams at your property, and to provide credits to your account. Amenify uses the detailed list of Residents to ensure only authorized residents receive sign up and monthly credits. We also send promotional offers from time to time. To unsubscribe from our communications and credit notifications, residents may click the unsubscribe link at the bottom of the email or go to this link manually. https://api.amenify.com/unsubscribe

14. Referrals

Amenify referral program (“Referral Program”) allows Resident Users to refer their friends to Amenify and is governed by the terms listed below:

14.1. The Resident Users will get their referral bonus as a wallet credit after their referred friends sign up and complete their first appointment.

14.2. The referred friends will get their referral bonus as a wallet credit after they sign up.

14.3. The referral bonus can only be used to purchase Amenify services within the Amenify App and is not eligible for withdrawal as cash and is non-transferable to other Users.

14.4. Referrals are only allowed for personal connections. The Resident Users must not use their personal referral URL in the advertisement networks, marketing activities, websites, blogs, and forums.

14.5. The Resident Users should not indulge in the activity of self-referral by creating multiple self -accounts using a different email and/or a different device.

Amenify reserves the right to close the account(s) of a Resident User and to cancel all related referral bonuses if we determine that the referring and/or referred Resident User has tampered with the Referral Program or used or attempted to use the Referral Program in a fraudulent manner. We also reserve the right to cancel the Referral Program or change the terms of this Section 14 in accordance with Section 1.4.

15. Disclaimer of Warranties

WE PROVIDE THE SERVICE TO YOU “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE”. YOU AGREE THAT ANY USE OF AND RELIANCE UPON THE SERVICE (INCLUDING ANY AND ALL OF THE INFORMATION, CONTENT, AND/OR MATERIALS CONTAINED THEREIN, OR RESULTS OBTAINED THEREFROM) BY YOU IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO (AND SPECIFICALLY DISCLAIM ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IN ADDITION, AMENIFY DOES NOT WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF HARMFUL COMPONENTS, OR THAT INFORMATION OBTAINED THROUGH THE SERVICE WILL BE ACCURATE OR RELIABLE. AMENIFY MAKES NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE VENDORS OR ADVERTISERS LISTED ON THE SERVICE. ACCORDINGLY, NEITHER AMENIFY NOR YOUR EMPLOYER IS LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THE VENDORS’ AND/OR ADVERTISERS’ ACTIONS OR OMISSIONS. YOUR PURCHASE AND USE OF THE REWARD CREDITS, REWARDS, PERKS, DISCOUNTS, OR THIRD-PARTY CONTENT AND ANY OTHER PRODUCTS AND SERVICES OFFERED BY THIRD PARTIES THROUGH THE SERVICE IS AT YOUR OWN DISCRETION AND RISK.

16. Indemnification

You agree to indemnify, defend, and hold harmless Amenify, its subsidiaries, affiliates, subcontractors, Partners, Property Managers, and Vendors, and all of their respective officers, directors, employees, agents, licensors, suppliers and any third-party information providers against all claims (including all associated costs, expenses and reasonable attorneys’ fees) from and against any and all claims, losses, liabilities, damages, fines, penalties, costs and expenses (including attorneys’ fees and court costs) arising out of or related to: (a) the Service, (b) breach of this Agreement, or (c) your or your Users’ violation of applicable laws, rules, or regulations in connection with the Service. We will provide you with notice of any such claim within a reasonable time, and we reserve the right to assume exclusive defense and control of any matter, subject to indemnification by you, and you agree to fully cooperate with us in connection with our defense of such claim.

17. Limitation of Liability

17.1. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL AMENIFY, OR ITS OFFICERS, EMPLOYEES, PARTNERS OR VENDORS BE LIABLE TO YOU (OR ANY PARTY CLAIMING THROUGH YOU) FOR ANY LOST PROFITS, LOSS OF BUSINESS OPPORTUNITY, LOSS OF DATA, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF AMENIFY OR ITS OFFICERS, EMPLOYEES, OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

17.2. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, AMENIFY, AND ITS OFFICERS’, EMPLOYEES’, AND VENDORS’ MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICE, OR THIS AGREEMENT WILL NOT EXCEED THE TOTAL AMOUNTS PAID BY YOU TO AMENIFY IN THE SIX (3) MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO SUCH LIABILITY OR $1,500.00, WHICHEVER IS HIGHER.

18. Miscellaneous

18.1. Entire Agreement. This Agreement constitutes the entire agreement of the parties regarding its subject matter. It supersedes any and all proposals, oral or written, negotiations, conversations, discussions, or agreements between the parties relating to such subject matter (including, without limitation, any prior versions of this Agreement).

18.2. Assignment. You may not assign this Agreement in whole or in part, by operation of law or otherwise, and any attempt to do so will be null and void. We may assign this Agreement, in whole or in part, at any time without notice. Subject to the foregoing, this Agreement will be binding upon and will inure to the benefit of your and Amenify’s successors and assigns.

18.3. No Waiver. Our failure to enforce any of the provisions of this Agreement or to exercise any rights or remedies under this Agreement will not be construed as a waiver or relinquishment to any extent of our right to assert or rely upon any such provision, right or remedy in that or any other instance.

18.4. Independent Contractors. This Agreement does not create a joint venture, agency, or partnership between the parties; instead, the relationship between the parties is that of independent contractors. Our engagement with you under this Agreement is non-exclusive, and Amenify reserves the right to offer the Service to any third party.

18.5 No Third -Party Beneficiaries. Except as set forth in Section 16 (Indemnification), this Agreement is solely for the benefit of the parties and there will be no third-party beneficiaries except as otherwise expressly provided under this Agreement.

18.6 Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the parties agree that such provision will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and that the remaining provisions will remain in full force and effect.

18.7 Governing Law. This Agreement will be governed by and interpreted in accordance with the laws of the State of California, without regard to its principles regarding conflicts of law.

18.8 Jurisdictional Issues. The Service is controlled or operated (or both) from the United States, and is not intended to subject Amenify to any non-U.S. jurisdiction or law. The Service may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Service is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Service’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.

18.9 Arbitration. EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND AMENIFY, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT AMENIFY AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. SUCH DISPUTES INCLUDE, WITHOUT LIMITATION, DISPUTES ARISING OUT OF OR RELATING TO INTERPRETATION OR APPLICATION OF THIS ARBITRATION PROVISION, INCLUDING THE ENFORCEABILITY, REVOCABILITY OR VALIDITY OF THE ARBITRATION PROVISION OR ANY PORTION OF THE ARBITRATION PROVISION. ALL SUCH MATTERS WILL BE DECIDED BY AN ARBITRATOR AND NOT BY A COURT OR JUDGE.

YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.

The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, as amended by this Agreement. The Consumer Arbitration Rules are available online at https://www.adr.org/sites/default/files/Consumer%20Rules.pdf. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.

19. Definitions.

19.1 Apartment Owner.

19.2 Employees.

19.3 Operator.

19.4 Residence.

19.5 Resident.

19.6 Resident Portal.

19.7 Residential Property Manager.

20. Contact Us

We hope we can provide you with the best experience possible, and we welcome any feedback, suggestions for improvements to the Service, as well as any questions, issues, concerns or other inquiries related to the Service. If you are having trouble with the Service or your User account, or wish to contact us for any reason, please feel free to email us concierge@amenify.com so that tech support team may promptly assist you. Alternatively, you may reach us at our mailing address as follows:

Amenify, Inc.

735 Montgomery St. Suite 330

San Francisco, CA

94111

Privacy Policy

At Amenify, your privacy is very important to us. The purpose of this document is to clearly explain how Amenify uses your information and how you can protect your privacy. Our Privacy Policy explains:

What information we collect and why we collect it.
How we use that information and when we disclose it.
How to access and update your information.
The steps we take to protect the information we collect.

This Privacy Policy applies to the information that we collect through our services, including our website, applications, or any service that links to this Privacy Policy (collectively “Services”).

Your privacy matters to us, so please take the time to familiarize yourself with our policies, and if you have any questions please contact us.

Information you provide to us

We collect the following information from our customers and their employees who sign up for our Services:

Registration and Profile Information: We collect information about you when you create an account for our Services, which may include your name, address, email address, and password. If you are an resident of one of our customers, we may also receive your name and email address from your Property Manager.

Payment Information: We may ask you to provide payment card and/or financial account information when you pay for our Services or Amenify Rewards, or when you add payment card information to your account. Payment information is collected and processed by our service providers and not by us.

Communications: We receive information from you when you contact us or we communicate with you, including via email or social networks.

Information we collect from your use of our Services

Amenify Services Information: We collect information regarding which services and partnerships you claim and which Amenify Rewards you give or receive. We also collect any additional information provided when you give or receive a reward, including a description as to why you are receiving the Reward, and how you use the Rewards you receive. We also collect any feedback and ratings you provide about Amenify Services. We may also collect analytics information regarding Services redeemed from our Vendors.

Location: We will collect location information if you provide it to us or based on, for example, your device’s GPS coordinates, unless you configure your operating system settings to prevent this collection.

Device and Usage Information: We record certain information and store it in log files when you interact with our Services. This information may include device and browser information, internet protocol (IP) address, the web pages or sites that you visit just before or just after you use our Services, the pages or other content you view or interact with on our Services, the information you search for, and the dates and times that you visit our Services.

Cookies and Other Technologies: We may use various technologies to collect information, including cookies that we save to your device. Cookies are small data files stored on your hard drive or in device memory. We use cookies for purposes such as improving our Services and your experience and allowing you to access and use our Services without re-entering your username or password. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from websites you visit. If you do not accept cookies, however, you may not be able to use all aspects of our Services.

How We Use Information We Collect

We may use the information we collect for a variety of purposes, including to:

Provide, operate, maintain, improve, personalize, and promote our Services;
Develop new products, services, features, and functionality;
Communicate to your Property Manager if you are using the Amenify platform
Notify you when you visit a website or location that has a Service available for redemption;
Process and complete transactions and send you related information, including confirmations and invoices;
Communicate with you, including responding to your comments, questions, and requests; providing customer service and support; providing you with information about our Services, including technical notices, updates, security alerts, administrative messages, or advertising or marketing messages; and providing other news or information about us;
Monitor and analyze trends, usage, and activities in connection with our Services; and
Investigate and prevent fraudulent transactions, unauthorized access to our Services, and other illegal activities;

We may also use the information we collect for other purposes about which we notify you.

Information Sharing and Disclosures

We may share your information in the following ways:

Your consent: We will share your personal information with companies, organizations, or individuals outside of our company when we have your consent to do so and when it is required.

Your Property Manager: We provide information regarding the number of Amenify Services redeemed to your Property Manager, if applicable.

Vendors: When you redeem an Amenify Service, we may provide your information to our Vendors or service providers as necessary to facilitate the redemption. Our Services contains features or links to Web sites and services provided by our Vendors. Any information you provide on these sites or services is provided directly to the operators of such services and is subject to those operators’ policies, if any, governing privacy and security, even if accessed through our Services. We are not responsible for the content or privacy and security practices and policies of these sites or services to which links or access are provided through our Services. We encourage you to learn about third parties’ privacy and security policies before providing them with information.

Service Providers and Others: We may share your information with our service providers and other third parties who perform services on our behalf, such as fulfillment, technology, and analytics. We also provide your payment information to our service providers for payment processing and verification. Service providers such as analytics providers may collect information about your online activities over time and across different online services when you use our Services. We will NOT SHARE your information with third parties for direct marketing purposes.

Compliance with Laws and Law Enforcement Requests; Protection of Our Rights: We may disclose your information (including your personal information) to a third party if (a) we believe that disclosure is reasonably necessary to comply with any applicable law, regulation, legal process or governmental request, (b) to enforce our agreements, policies and terms of service, (c) to protect the security or integrity of our products and services, (d) to protect the property, rights, and safety of us, our customers or the public from harm or illegal activities, (e) to respond to an emergency which we believe in the good faith requires us to disclose information to assist in preventing the death or serious bodily injury of any person, or (f) to investigate and defend ourselves against any third-party claims or allegations.

Business Transfers: We may share or transfer your information (including your personal information) in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company. We will notify you of such a change in ownership or transfer of assets by posting a notice on our Services.

Aggregate Data: We may share aggregate information that does not directly identify you with our Vendors and other third parties in order to improve the overall experience of our Services and for any other purposes as permitted by this Privacy Policy.

Gift Card Terms & Conditions

Amenify Gift Cards (“GCs”) may be used only for eligible services on Amenify.com or specifically designated affiliate websites. Except as required by law, GCs cannot be transferred for value or redeemed for cash. Purchases are deducted from the GC balance. Gift cards are only redeemable once and are not able to be combined with any other offers. To redeem or view a GC balance, download the Amenify app on the Apple App Store or Google Play Store. Amenify Corporation is not responsible if a GC is lost, stolen, destroyed, or used without permission. All Amenify®™ and © are IP of Amenify Corporation or its subsidiaries. Please see expiration dates listed on the card.

The Choices You Have With Your Information

You may update or correct your personal information at any time by accessing your profile settings page on the website or by contacting us. You may choose to delete your account with us anytime through our App.

You may opt out of receiving promotional communications from us by using the unsubscribe link within each email or through our App for Email, SMS and Push notifications. Even after you opt out from receiving promotional messages from us, you will continue to receive administrative and security messages from us regarding the Services.

Data Security

We take reasonable measures to protect your personal information. Please be aware, however, that despite our efforts, no security measures are perfect or impenetrable and no method of data transmission can be guaranteed against any interception or other type of misuse.

SMS Program

1. Amenify sends messages to customers and residents at apartment communities for such purposes as a reminder prior to scheduled service, and announcements about credits available in the customers’ accounts.

2. You can unsubscribe the SMS service at any time. Just text "STOP" to the number. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.

3. If you are experiencing issues with the messaging program you can reach out to concierge@amenify.com.

4. As always, message and data rates may apply for any messages sent to you from us and to us from you. Message frequency varies. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.

Children’s Privacy

Our Services are not directed to individuals under 13. We do not knowingly collect personal information from children under 13. If we become aware that a child under 13 has provided us with personal information, we will take steps to delete such information. If you become aware that a child has provided us with personal information, please contact us.

International Users

Our Services are hosted in the United States. If you choose to use the Services from other regions of the world with laws governing data collection and use that may differ from U.S. law, then please note that we may transfer your information outside of those regions to the United States for storage and processing. By providing your information, you consent to the collection, transfer, use, storage, and disclosure of your information in accordance with this Privacy Policy.

Changes to Our Privacy Policy

We may change this Privacy Policy from time to time. If we make any changes, we will notify you by revising the “Last Updated” date at the top of this Privacy Policy and, in some cases, where appropriate we may provide you with additional notice (such as adding a statement to the home page or sending you an email notification). Your continued use of our Services after the revised Policy has become effective indicates that you have read, understood, and agreed to the current version of this Policy.

Contact Information

Please contact us with any questions or comments about this Privacy Policy, your personal information, our use and disclosure practices, or your consent choices by email at concierge@amenify.com.