Last Modified: September 20th, 2018
THIS TERMS OF SERVICE CONTAINS AN ARBITRATION AGREEMENT, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION. UNDER THE ARBITRATION AGREEMENT, (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST Tellus ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
Tellus App, Inc. (“Tellus”, “we”, “us”, “our”) offers an online real estate chat platform that connects Landlords, Renters, Property Managers, Realtors, and other Service Providers (as defined below), and facilitates various tasks and services related to managing real estate including the renting and leasing of a property, payment of rent, reimbursement requests and work orders, documenting and saving receipts and home related files, and general property management and home management.
We provide our services to you through our website located at tellusapp.com (the “Site”) and through our mobile applications and other related services (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Services user interface, in an email notification or through other reasonable means. Your continued use of the Service after the date any change become effective constitutes your acceptance of the new Terms of Service.
The Service includes certain services that are available via a mobile device, including (a) the ability to upload content to the Service via a mobile device, (b) the ability to browse the Service and the Site from a mobile device and (c) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. You are responsible for all carrier data plan and other fees and taxes associated with your use of our Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Tellus and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.
1. The Services are designed to provide a real estate communication platform between an parties that interact with real estate including landlords (“Landlords”), their tenants (“Renters”), realtors (“Realtors”), property managers (“Property Managers”), and service providers (“Service Providers”). Renters may be connected with their Landlords and Property Managers in order to automate the rental fee payment process, to request a reimbursement or approval, and to update, create or sign a lease agreement. Landlords or Property Managers may make recommendations for third party contractors and/or Service Providers that may respond to any maintenance and/or service requests. We are not a real estate agent or broker. Nothing we say should be construed as such advice.
2. Unless as otherwise explicitly agreed to by Tellus in writing, you acknowledge and agree that Tellus is not a party to any rental, lease, services or other agreement between a Renter, Landlord, Property Manager, and/or Service Provider, and that Tellus does not own, sell, resell, furnish, provide, rent, re-rent, manage or control any properties that may appear in the Services. Notwithstanding the foregoing, Tellus may serve as the limited authorized agent of the Landlord and/or Service Provider for the purpose of accepting payments from Renter and/or Landlord (as applicable) on behalf of the Landlord and/or Service Provider and is responsible for transmitting payments to the Landlord and/or Service Provider. As applicable, each Landlord hereby appoints Tellus as the Landlord’s limited agent solely for the purpose of collecting payments as described in these Terms of Service. If you are a Landlord, you agree that you are familiar with all applicable fair-housing and antidiscrimination laws and that you will adhere to them.
4. You must be at least 18 years old to use Tellus. Your account may only be used by one person. A single account shared by more than one person is not permitted. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
5. You are responsible for maintaining the confidentiality of your password and member account, if any, and are fully responsible for any and all activities that occur under your password or member account.
6. You provide us the phone numbers of Tellus users and your other contacts in your mobile phone address book on a regular basis. You confirm you are authorized to provide us such numbers to allow us to provide our Services.
8. If you wish to cancel your account, you must do so via the Service web site or mobile app or by sending us a letter in the mail. An email or phone request to cancel your account will not be processed. If you cancel your account, any or all of your information may be immediately (or at some point in the future) irrevocably deleted. You should save a copy of anything important before cancelling your account. Conversely, information you post or otherwise furnish to us, including personal information, may remain on our servers indefinitely after you delete it from public areas of the Services or request cancellation of your account.
9. You are responsible for the accuracy of everything that is posted or submitted under your account. We are not responsible for the accuracy of anything another user posts or submits to our site. Under no circumstances will Tellus be liable in any way for any content or materials of any third parties (including users), including for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. You acknowledge that Tellus does not pre-screen content, but that Tellus and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Tellus and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Tellus, in its sole discretion, to be otherwise objectionable.
10. With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including all copyrights and rights of publicity. By uploading any User Content you grant and will grant Tellus and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.
11. You acknowledge that Tellus may establish general practices and limits concerning use of the Service, including the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Tellus’s servers on your behalf. You agree that Tellus has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Tellus reserves the right to terminate member accounts that are inactive for an extended period of time. You further acknowledge that Tellus reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
12. You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (collectively referred to as, “upload”) or email or otherwise use via the Service. You may not post anything on Tellus that contains or links to viruses, malware, or anything we may deem as malicious. Tellus reserves the right to investigate and take appropriate legal action against anyone who, in Tellus’s sole discretion, violates this provision, including removing the offending content from the Service, suspending or terminating the member account of such violators and reporting you to the law enforcement authorities. The following are examples of the kind of content and/or use that is illegal or prohibited by Tellus.
13. You may not abuse, harass, threaten, impersonate, or intimidate other Tellus users. Tellus reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
14. You may not use the Service for any illegal purpose. You may not, in using the Service, violate any laws in your jurisdiction or ours, or infringe the rights of anyone (ours or third parties). If Tellus has reason to suspect your account has been or is being used for an unauthorized or illegal purpose, you agree that we may share information about you, your account, and any of your transactions or activities with law enforcement. You also agree that we may freeze your account and any funds associated with it for an unspecified period of time. We may request further authentication and verifying documents before allowing you to continue using the Service if your account has been flagged for suspicious activity.
15. You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Tellus, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. To provide notice of allegedly infringing material on any Tellus Service, please email firstname.lastname@example.org.
16. The technology and software underlying the Service or distributed in connection with it are the property of Tellus, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted in these Terms of Service are reserved by Tellus.
17. The Tellus name and logos are trademarks and service marks of Tellus (collectively the “Tellus Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Tellus.
18. Tellus uses Stripe to execute online payment transactions. By using this feature of the Service, you agree to be bound by the Stripe Connected Account Agreement. This may be updated from time to time. For avoidance of doubt, if any payment you initiate using the Service does not successfully complete, the payee reserves the right to seek payment from you via or outside the Service. Any authorization you provide to make repeating automatic payments using the Service will remain in effect until cancelled. By providing us with your banking, credit/debt card, or other payment information, you authorize us to use it and disclose it to Stripe or other payment gateway providers for the purpose of processing the payments you authorize on the Service. Payment gateway providers may also aggregate your information for other purposes, but only in ways that don’t identify you personally or disclose any personal information about you, and may disclose your personal information when necessary to comply with the law.
19. Tellus is not responsible for any transactions made in error, made at the wrong time, or sent with an incorrect amount. Tellus is not responsible for any activity from compromised or hacked accounts. If you believe a payment related transaction was made in error, if you would like to dispute a charge/payment or if you believe your account has been compromised or hacked, you should reach us at email@example.com.
20. Paying rent with Tellus from your checking account (via the ACH network) is free for tenants. Payments by credit/debit card involve a processing fee of 3.40%, which will be added to the amount of the Renter’s payment. Tellus is currently free for Landlords: there is no charge to receive rent payments using the Service. Tellus does not offer refunds for fees already paid. If Tellus changes our fees, we will provide notice of the change on the Site or in email to you, at our option, at least 30 days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. You are responsible for all taxes associated with the Services.
21. To the extent you have received payment for goods or services through the platform (“Payee”) from or on behalf of a Renter, Landlord or other party (“Payor”), the amount of a transaction may be charged back or reversed to Payee’s payment account (a “Chargeback”) if the transaction (a) is disputed by the Payor, (b) is reversed for any reason, (c) was not authorized or we have any reason to believe that the transaction was not authorized, or (d) is allegedly unlawful, suspicious, or in violation of the terms of these Terms of Service. Payee owes Tellus and will immediately pay Tellus the amount of any Chargeback and any associated fees, fines, or penalties assessed by any processing financial institutions, or MasterCard, Visa, American Express, Discover and other payment card networks, associations, or companies.
22. Our platform facilitates Renters paying their rent automatically each month through their member account by scheduling a monthly payment date and payment amount, and designating a valid U.S. bank account from which payments are made. By using the automatic rental payment feature, you understand and agree that Tellus’s Service Provider(s) may initiate ACH debits and credits to your bank account on file, and/or remotely create a check against your bank account on file. You understand and agree that your bank account on file each month will be charged in the payment amount designated by you, plus any applicable fees, unless and until you deactivate this feature in your member account page or by contacting us at firstname.lastname@example.org at least 7 business days prior to the end of the scheduled payment date. Tellus will not be liable, and does not accept liability for, any late fees or penalties charged to you as a result of: (a) your lack of sufficient funds or any actions or inactions of third parties, including any decision by your bank or other payment provider not to pay your rent; (b) your failure to provide Tellus with an accurate, current and complete address for your Landlord; (c) any wrongful fees or penalties charged to you by your Landlord; or (d) any act, event or occurrence beyond Tellus reasonable control.
23. You must notify us immediately if you suspect or believe that a transaction has occurred through the Service that you did not authorize or if you believe an incorrect amount was authorized. You may contact us at email@example.com. If your periodic statement provided by your financial institution shows payments you did not make, tell us right away. If you do not tell us within 90 days after the statement or history was transmitted or made available to you, you may not get back any money you lost after the 90 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time period. If you initially provide information to us by telephone, we may require that you send your complaint or question in writing within 10 business days. You will be asked and are required to provide us with the following information: your name; the email address registered for this feature; a description (including dollar amount) of the transfer you are unsure about; an explanation of why you believe it is an error or why you need more information; a reference/transaction ID; an explanation why you believe there was an unauthorized transaction or error; and any other information we reasonably request. We will determine whether an error occurred within 15 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. For errors involving new accounts, we may take up to 90 days to investigate your complaint or question.
24. Your use of the service is at your sole risk. the service is provided on an “as is” and “as available” basis. Tellus expressly disclaims all warranties of any kind, whether express, implied or statutory, including the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
25. Tellus makes no warranty that (a) the service will meet your requirements, (b) the service will be uninterrupted, timely, secure, or error-free, (c) the results that may be obtained from the use of the service will be accurate or reliable, (d) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, (e) that we will continue to provide the service or any aspect of the service in the future.
26. You expressly understand and agree that Tellus will not be liable for any indirect, incidental, special, consequential, exemplary damages, or damages for loss of profits, including damages for loss of goodwill, use, data or other intangible losses (even if Tellus has been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability or otherwise, resulting from: (a) the use or the inability to use the service; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the service; or (e) any other matter relating to the service. in no event will Tellus’s total liability to you for all damages, losses or causes of action exceed the amount you have paid Tellus in the last 6 months, or, if greater, $100.
27. Some jurisdictions do not allow the disclaimer or exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. accordingly, some of the above limitations set forth above may not apply to you or be enforceable with respect to you. If you are dissatisfied with any portion of the service or with these terms of service, your sole and exclusive remedy is to discontinue use of the service.
28. Agreement to Arbitrate. This Dispute Resolution by Binding Arbitration section is referred to in this Terms of Service as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Tellus, whether arising out of or relating to this Terms of Service (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Terms of Service, you and Tellus are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
29. Prohibition of Class and Representative Actions and Non-Individualized Relief. You and Tellus agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and Tellus agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s).
30. Pre-Arbitration Dispute Resolution. Tellus is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support firstname.lastname@example.org. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Tellus should be sent to 2035 Sunset Lake Rd, Ste. B-2, Newark, DE 19702 (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Tellus and you do not resolve the claim within 60 calendar days after the Notice is received, you or Tellus may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Tellus or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Tellus is entitled.
31. Arbitration Procedures. Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement.For information on the AAA, please visit its website, adr.org.Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
32. If your claim is for $10,000 or less, Tellus agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
33. Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
34. Severability. If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. The remainder of the Terms of Service will continue to apply.
35. Future Changes to Arbitration Agreement. Notwithstanding any provision in this Terms of Service to the contrary, Tellus agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending Tellus written notice within 30 calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).
36. You agree to release, indemnify and hold Tellus and its affiliates and their officers, employees, directors and agents harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
38. If you need to send us any legal notice (including notice that you believe another user is infringing your intellectual property or other rights), please do so via snail mail to the following address:
Tellus App, Inc.
2035 Sunset Lake Rd, Ste. B-2
Newark, DE 19702
Attention: Tellus App, Inc. Legal
If you have any questions, contact us at email@example.com.
By reference, you are also agreeing to the Boost Account User Agreement.