Welcome and thank you for your interest in Amenify Corporation ("Amenify," "we," "our," "us") and our website located at www.joinAmenify.com (the “Site”), along with our other related websites, networks, applications and other services provided by us (collectively, our “Service”). These Terms of Service are a legally binding contract between you and Amenify regarding your use of the Service.
1. Acceptance of Terms
1.1 This Agreement constitutes a binding legal contract that governs your trial (if applicable), and ongoing use and access of the Service. You must complete the registration form and accept the terms of this Agreement before you may access or use the Service. You can accept the terms of this Agreement by either: (a) clicking to accept or agree where such option is made available to you; or (b) actually using or accessing the Service.
1.2 By accepting this Agreement, or by accessing or using the Service or Site, 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 truthful and accurate; and
- (d) If you are accepting this Agreement on behalf of a company or another legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms "you" or "your" shall refer to the entity.
1.4 If you do not agree with this Agreement, or you cannot abide by the representations set forth in Section 1.2 above and elsewhere in this Agreement, then you must not accept this Agreement and must not use the Service, as you do not have our permission to use the Service.
1.5 We reserve the right to update this Agreement at any time, in our sole discretion, and will notify you of such updates either via email or by posting such changes on our Site, or such other reasonable means. You can find the most recent version of this Agreement at www.joinAmenify.com/terms with the date of last modification noted above. Such modifications shall become effective immediately upon the posting thereof. If you do not agree to the revised terms and conditions, your sole recourse is to cancel your account and cease use of the Service. Your continued access and use of the Service, including the continued use or enjoyment of any Perks offered through the Service, following notification of an updated version of this Agreement shall constitute your acceptance of the revised Agreement.
2. Amenify Service
2.1 Our Service consists of access to our Site and the platform contained therein in which we make certain resident perks and discounts to products and services (the "Perks") offered by a wide range of participating merchants and vendors ("Vendors") available to you. Depending on the account which you register, you may also be eligible to benefit from our unique rewards program through which managers will be able to reward or provide gifts for residents (the “Benefits Program”) by exchanging pre-purchased credit (“Benefits Credit”) for resident incentives (“Rewards”). Subject to and conditioned on your compliance with the terms of this Agreement, you shall have a non-exclusive, non-transferable, non-sublicensable, limited right, during the Term to access and use the Service. Subject to your payment of the applicable fees as set forth in Section 6.1, you may permit your residents ("Users") to use the Service, provided that you shall ensure that all such Employees comply with the terms of this Agreement. Additionally, you will be fully liable for the acts, omissions, or violation of the terms of this Agreement by any and all Employees. Except for the express licenses granted in this Section 2, no other licenses are granted by Amenify hereunder, by implication, estoppel or otherwise, and all rights not expressly granted herein are reserved.
2.2 Reward Credit is meant to be used during residence at a property enrolled in Amenify. We make no representation with respect to your ability to claw back such perks if a resident does not use them during residence. You take full responsibility for any liability associated with such clawbacks, should you decide to implement such a policy.
2.3 You understand that in order to use the Service, a modern browser such as Firefox 3+, Safari 3+ or Google Chrome 9+ is recommended. 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 web browsers other than the ones we specifically recommend here.
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:
- (a) Use the Service in any manner or for any purpose other than as expressly permitted by this Agreement;
- (b) Use the Service in violation of any federal, state, local, or international laws or regulations;
- (c) 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;
- (d) Share your log-in, password, or otherwise permit a third party to access or use your account or that of another User;
- (e) 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;
- (f) Use the Service for storing or transmitting infringing, libelous, offensive, defamatory, pornographic, obscene or otherwise objectionable, unlawful or tortious material;
- (g) 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;
- (h) Interfere with other Users use or enjoyment of the Service;
- (i) Attempt to gain unauthorized access to the Service or to another User’s account or any related systems or networks;
- (j) Steal or reverse engineer the user interface design, workflow, or any features of the Site and/or Service;
- (k) Modify, publish, transmit, reproduce, create derivative works from, distribute, display, or incorporate into another website the Site and/or Service, in whole or in part;
- (l) Take screenshots or videos of the Site and/or 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;
- (m) Impersonate or misrepresent any individual or company to us;
- (n) Use the Service to infringe the copyrights or other intellectual property rights of any third parties;
- (o) Modify, adapt or hack the Site and/or Service or modify another Site so as to falsely imply that it is associated in any way with us, the Site and/or Service;
- (p) 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;
- (q) Upload, post, or transmit unsolicited email, SMSs, or "spam" messages; or
- (r) Duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements of the Site and/or 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. 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 the features, functionality, content or other aspects of the Service, including any and all Perks, at any time, 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 Site, by completing a registration form providing your name, email address, physical address of residence, and a password. 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 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 entirely 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. Payment Terms
6.1 Service Fees. Unless you are purchasing the Service from an authorized reseller, you will pay us the fees for the Service ("Service Fees") in accordance with the then current payment and pricing terms set forth, which is incorporated by reference into this Agreement. All payments shall be made by credit card or such other payment methods that we may make available in the future at our sole discretion. When registering for the Service on behalf of your company, you will be required to provide a valid credit card. 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. All payment obligations are non-cancelable and all Service Fees and other amounts paid are non-refundable. If you decide to terminate your use of the Service prior to the end of your current subscription, you will not receive any refunds for amounts which have already been paid to Amenify. Similarly, all purchases of Rewards are final and non-refundable. For avoidance of doubt, under no circumstances, including your early cancellation or termination, will you will be entitled to receive a refund for the following: (i) paid access to the Amenify platform; and (ii) unused Rewards Credit. Along the same lines, Amenify does not offer refunds for items purchased from any third parties through the Amenify platform; any disputes regarding payment must be resolved with such third party directly. 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.
6.2 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).
6.3 Updates. We reserve the right to update 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 such 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.
6.4 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.
7. Cancellation and Termination
7.1 Term. This Agreement is effective for the resident until (a) resident no longer resides at your Amenify property, (b) we terminate your account or (c) you properly cancel your account in accordance with this Agreement ("Term").
7.2 Termination. If you wish to cancel or terminate your account prior to the end of your subscription period, you are solely responsible for properly canceling your account. You may cancel your account at any time through the Service dashboard, or by sending us an email at Support@JoinAmenify.com All cancellation notices must be received at least 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. 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.
7.3 Effect of Termination. 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). 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.
8. Third Party Linked Service and Content
The Site and Service may contain features and functionalities linking you or providing you with certain functionality and access to third party content, including but not limited to physical stores or retail locations, websites, directories, servers, networks, systems, information and databases, software, applications, programs, products and/or services, and the Internet as a whole. When you engage a third party’s website or service which is linked to the Site and/or Service, you are interacting with the third party and not with us. Such situations are not under our control and we are not responsible for the contents of under the responsibility of the third party. Posting of a link to another website does not constitute endorsement of that party (or any of the products, Service or other materials offered through that party) by us or our licensors, regardless of whether or not the party is associated with any Perks or discounts listed on our Site. All Perks that you pursue or other transactions you engage in using the Service are between you and the transacting party. Amenify is not an agent of any transacting party, nor are we a direct party in any such transaction. Any such activities, and any terms associated with such activities, are solely between you and the applicable third-party. Amenify shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You are solely responsible for your dealings with any third party related to the Service, including the delivery of and payment for goods and services.
9. Proprietary Rights
9.2 Trademarks. The Site and/or Service contain valuable trademarks owned and used by us to distinguish the Site and Service from those of others. The Site and/or 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 Site and/or 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.
In connection with this Agreement, you may receive or have access to Confidential Information of Amenify. For purposes of this Agreement, "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 shall 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.
11. Electronic Communications
12. Disclaimer of Warranties
WE PROVIDE OUR 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 OR SITE 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 SITE. 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 PERKS, DISCOUNTS, OR PRODUCTS AND SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK.
You agree to indemnify, defend, and hold harmless Amenify, its subsidiaries, affiliates, subcontractors 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) your breach of these Terms, or (b) your 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.
14. Limitation of Liability
14.1. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL Amenify, OR ITS OFFICERS, EMPLOYEES, 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 TREASURE DATA OR ITS OFFICERS, EMPLOYEES, OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14.2. 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, SITE OR THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNTS PAID BY YOU TO Amenify IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.
15.1. Entire Agreement. This Agreement constitutes the entire agreement of the Parties regarding the Service. It supersedes any and all proposals, oral or written, negotiations, conversations, discussions, or agreements between the Parties relating to your use of the Service (including, without limitation, any prior versions of this Agreement).
15.2. 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. This Agreement shall be binding upon and shall inure to the benefit of your and Amenify’s successors and assigns.
15.3. 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.
15.4. 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.
15.5 No Third Party Beneficiaries. This Agreement is solely for the benefit of the Parties and there shall be no third party beneficiaries except as otherwise expressly provided under this Agreement.
15.6 Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the Parties agree that such provision shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the Parties, and that the remaining provisions shall remain in full force and effect.
15.7 Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of California, without regard to its principles regarding conflicts of law. Each Party hereby irrevocably submits to, and waives any objection to, the exclusive personal jurisdiction of the state and federal courts located in Santa Clara County, California.
15.8 Agreement Binding on Successors. The provisions of this Agreement shall be binding upon and shall inure to the benefit of the Parties hereto, their heirs, administrators, successors and assigns.
15.9 Survival of Terms. Sections 3, 6 through 10, and 12 through 15 shall survive termination of this Agreement. After your subscription to the Service has terminated, any and all additional terms not listed in the foregoing sentence that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
16. 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 Support@joinAmenify.com so that our tech support team may promptly assist you. Alternatively, you may reach us at our mailing address as follows:
3133 Scott Street, San Francisco, CA 94123