Terms of Service

Last updated: January 13, 2025

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and OccupIQ LLC, a Pennsylvania limited liability company ("Company," "we," "us," or "our") concerning your access to and use of the OccupIQ website and services.

By accessing or using our services, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access our services.

2. Description of Services

OccupIQ provides property management software tools designed to help leasing teams maximize occupancy rates and streamline their workflows. Our services include:

  • Lead tracking and management tools
  • Lease tracking and pipeline management
  • Master unit list management
  • Performance dashboards and analytics
  • Integration with property management software

3. User Accounts

To access certain features of our services, you may be required to create an account. When creating an account, you agree to:

  • Provide accurate, current, and complete information
  • Maintain and promptly update your account information
  • Maintain the security and confidentiality of your login credentials
  • Accept responsibility for all activities under your account
  • Notify us immediately of any unauthorized use of your account

4. Acceptable Use

You agree to use our services only for lawful purposes and in accordance with these Terms. You agree not to:

  • Use our services in any way that violates applicable laws or regulations
  • Attempt to gain unauthorized access to any part of our services
  • Interfere with or disrupt the integrity or performance of our services
  • Transmit any malware, viruses, or other malicious code
  • Use our services to collect or harvest personal information without consent
  • Reproduce, duplicate, copy, sell, or resell any part of our services
  • Use our services to send unsolicited communications or spam

5. Intellectual Property Rights

Our services and their original content, features, and functionality are owned by OccupIQ and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable license to access and use our services for your internal business purposes, subject to these Terms.

6. User Content

You retain ownership of any content, data, or information you submit to our services ("User Content"). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, process, and store such content solely for the purpose of providing our services to you.

You represent and warrant that you have the right to submit User Content and that such content does not violate any third-party rights or applicable laws.

7. Payment Terms

Certain features of our services may require payment of fees. If you choose to use paid features, you agree to:

  • Pay all applicable fees as described on our pricing page
  • Provide accurate billing information
  • Authorize us to charge your payment method for recurring fees

Payment processing is handled by Stripe, Inc. By using our paid services, you also agree to Stripe's terms of service.

Refund Policy: All subscription fees are non-refundable. You may cancel your subscription at any time, and you will continue to have access to paid features until the end of your current billing period. No refunds or credits will be issued for partial billing periods.

We reserve the right to change our pricing at any time. Price changes will be communicated at least 30 days in advance and will apply to subsequent billing periods.

8. Disclaimers

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that our services will be uninterrupted, timely, secure, or error-free, or that any defects will be corrected.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OCCUPIQ SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF OUR SERVICES.

Our total liability for any claims arising under these Terms shall not exceed the amount you paid to us in the twelve (12) months preceding the claim.

10. Indemnification

You agree to indemnify, defend, and hold harmless OccupIQ and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or related to your use of our services or violation of these Terms.

11. Termination

We may terminate or suspend your account and access to our services immediately, without prior notice or liability, for any reason, including if you breach these Terms.

Upon termination, your right to use our services will immediately cease. All provisions of these Terms that should reasonably survive termination shall survive, including ownership provisions, warranty disclaimers, and limitations of liability.

12. Dispute Resolution and Arbitration

Binding Arbitration: Any dispute, controversy, or claim arising out of or relating to these Terms or your use of our services shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted in Philadelphia, Pennsylvania, unless otherwise agreed by the parties.

Class Action Waiver: YOU AGREE THAT ANY ARBITRATION OR PROCEEDING SHALL BE LIMITED TO THE DISPUTE BETWEEN US AND YOU INDIVIDUALLY. TO THE FULL EXTENT PERMITTED BY LAW: (A) NO ARBITRATION OR PROCEEDING SHALL BE JOINED WITH ANY OTHER; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS ACTION BASIS; AND (C) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS.

Exceptions: Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

Governing Law: These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania and the United States, without regard to conflict of law provisions.

13. Changes to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by updating the "Last updated" date at the top of these Terms and, where appropriate, provide additional notice (such as via email). Your continued use of our services after any changes constitutes acceptance of the modified Terms.

14. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

15. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and OccupIQ LLC regarding our services and supersede all prior agreements and understandings.

16. Contact Us

If you have any questions about these Terms of Service, please contact us at:

OccupIQ LLC Email: support@occupiq.com