AppsFolio TERMS OF SERVICE
Last updated: 10/31/2024
1. Introduction
Welcome to AppsFolio (“Company”)! As you have just clicked our Terms of Service,
please pause, grab a coffee, and carefully read the following pages. It will take you
approximately 10 minutes.
These Terms of Service (“Terms”, “Terms of Service”) govern your access, Licensee, to
and use of the services, software, and web pages provided by Company, including those
located at https://appsfol.io (the “Site”) and any associated SaaS products or services
(collectively, the “Services”).
Our Privacy Policy also governs your use of our Service and explains how we collect,
safeguard, and disclose information that results from your use of our web pages. Please
read it here https://appsfol.io/privacy.
Your agreement includes these Terms and our Privacy Policy (“Agreements”). You
acknowledge that you have read and understood the Agreements and agree to be bound by
them.
If you do not agree with (or cannot comply with) Agreements, then you may not use the
solution. These Terms apply to all visitors, users, and others who wish to access or use the
Service.
Thank you for being responsible.
2. Communications
By creating an Account on our Service, you agree to subscribe to emails, marketing or
promotional materials and other information we may send. However, you may opt out of
receiving any or all of these communications from us by following the unsubscribe link.
3. Purchases
If you wish to purchase any product or service made available through our Service
(“Purchase”), you may be asked to supply certain information relevant to your Purchase,
including, without limitation, your credit card number, the expiration date of your credit card,
and your billing address.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other
payment method(s) in connection with any Purchase and that (ii) the information you supply
to us is true, correct, and complete.
We may employ the use of third party services for the purpose of facilitating payment and
the completion of Purchases. By submitting your information, you grant us the right to
provide the information to these third parties subject to our Privacy Policy.
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We reserve the right to refuse or cancel your order at any time for reasons including but not
limited to product or service availability, errors in the description or price of the product or
service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal
transaction is suspected.
4. Subscriptions
Some parts of Service are billed on a subscription basis (“Subscription(s)”). You will be
billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are
set either on a monthly or annual basis, depending on the type of subscription plan you
select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact
same conditions unless you cancel it or AppsFolio cancels it. You may cancel your
Subscription renewal either through your online account management page or by
contacting the AppsFolio customer support team.
A valid payment method is required to process the payment for your subscription. You shall
provide AppsFolio with accurate and complete billing information, including full name,
address, state, zip code, telephone number, and valid payment method information. By
submitting such payment information, you automatically authorize AppsFolio to charge all
Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, AppsFolio will issue an electronic
invoice indicating that you must proceed manually within a certain deadline date, with the full
payment corresponding to the billing period as indicated on the invoice.
5. Fee Changes
AppsFolio, in its sole discretion and at any time, may modify Subscription fees for the
Subscriptions. Any Subscription fee change will become effective at the end of the
then-current Billing Cycle.
AppsFolio will provide you with reasonable prior notice of any change in Subscription fees to
give you an opportunity to terminate your Subscription before such change becomes
effective.
Your continued use of Service after Subscription fee change comes into effect constitutes
your agreement to pay the modified Subscription fee amount.
6. Refunds
Except when required by law, paid Subscription fees are non-refundable.
7. Content
Our Service allows you to post, link, store, share and otherwise make available certain
information, text, graphics, videos, or other material (“Content”). You are responsible for
Content that you post on or through Service, including its legality, reliability, and
appropriateness.
By posting Content on or through Service, You represent and warrant that: (i) Content is
yours (you own it) and/or you have the right to use it and the right to grant us the rights and
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license as provided in these Terms, and (ii) that the posting of your Content on or through
Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any
other rights of any person or entity. We reserve the right to terminate the account of anyone
found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post, or display on or
through Service and you are responsible for protecting those rights. We take no
responsibility and assume no liability for Content you or any third party posts on or through
Service.
8. Prohibited Uses
You may use the Service only for lawful purposes and in accordance with the Terms. You
agree not to use Service:
(a) In any way that violates any applicable national or international law or regulation.
(b) For the purpose of exploiting, harming, or attempting to exploit or harm minors in any
way by exposing them to inappropriate content or otherwise.
(c) To transmit or procure the sending of any advertising or promotional material, including
any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
(d) To impersonate or attempt to impersonate Company, a Company employee, another
user, or any other person or entity.
(e) In any way that infringes upon the rights of others, or in any way is illegal, threatening,
fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful
purpose or activity.
(f) To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of
Service, or which, as determined by us, may harm or offend Company or users of
Service or expose them to liability.
Additionally, you agree not to:
(a) Use Service in any manner that could disable, overburden, damage, or impair Service or
interfere with any other party’s use of Service, including their ability to engage in
real-time activities through Service.
(b) Use any robot, spider, or other automatic device, process, or means to access Service
for any purpose, including monitoring or copying any of the material on Service.
(c) Use any manual process to monitor or copy any of the material on Service or for any
other unauthorized purpose without our prior written consent outside of your own
Content.
(d) Use any device, software, or routine that interferes with the proper working of Service.
(e) Introduce any viruses, trojan horses, worms, logic bombs, or other material that is
malicious or technologically harmful.
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(f) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of
Service, the server on which Service is stored, or any server, computer, or database
connected to Service.
(g) Attack Service via a denial-of-service attack or a distributed denial-of-service attack.
(h) Take any action that may damage or falsify our Company rating.
(i) Otherwise attempt to interfere with the proper working of Service.
9. Analytics
We may use third-party Service Providers to monitor and analyze the use of our Service.
Google Analytics
Google Analytics is a web analytics service offered by Google that tracks and reports
website traffic. Google uses the data collected to track and monitor the use of our Service.
This data is shared with other Google services. Google may use the collected data to
contextualize and personalize the ads of its own advertising network.
For more information on the privacy practices of Google, please visit the Google Privacy
Terms web page: https://policies.google.com/privacy?hl=en
We also encourage you to review Google's policy for safeguarding your data:
https://support.google.com/analytics/answer/6004245.
10. No Use By Minors
Service is intended only for access and use by individuals at least eighteen (18) years old.
By accessing or using any of the Company, you warrant and represent that you are at least
eighteen (18) years of age and with the full authority, right, and capacity to enter into this
agreement and abide by all of the terms and conditions of Terms. If you are not at least
eighteen (18) years old, you are prohibited from both the access and usage of Service.
11. Accounts
When you create an account with us, you guarantee that you are above the age of 18, and
that the information you provide us is accurate, complete, and current at all times.
Inaccurate, incomplete, or obsolete information may result in the immediate termination of
your account on Service.
You are responsible for maintaining the confidentiality of your account and password,
including but not limited to the restriction of access to your computer and/or account. You
agree to accept responsibility for any and all activities or actions that occur under your
account and/or password, whether your password is with our Service or a third-party
service. You must notify us immediately upon becoming aware of any breach of security or
unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully
available for use, a name or trademark that is subject to any rights of another person or
entity other than you, without appropriate authorization. You may not use as a username any
name that is offensive, vulgar or obscene.
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We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel
orders at our sole discretion.
12. Intellectual Property
Service and its original content (excluding Content provided by users), features and
functionality are and will remain the exclusive property of Company or its licensors. Service
is protected by copyright, trademark, and other laws of the United States. Our trademarks
and trade dress may not be used in connection with any product or service without the prior
written consent of Company.
13. Copyright Policy
We respect the intellectual property rights of others. It is our policy to respond to any claim
that Content posted on Service infringes on the copyright or other intellectual property rights
(“Infringement”) of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the
copyrighted work has been copied in a way that constitutes copyright infringement, please
Infringement” and include in your claim a detailed description of the alleged Infringement as
detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”
You may be held accountable for damages (including costs and attorneys' fees) for
misrepresentation or bad-faith claims on the infringement of any Content found on and/or
through Service on your copyright.
14. DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by
providing our Copyright Agent with the following information in writing (see 17 U.S.C
512(c)(3) for further detail):
(a) an electronic or physical signature of the person authorized to act on behalf of the owner
of the copyright's interest;
(b) a description of the copyrighted work that you claim has been infringed, including the
URL (i.e., web page address) of the location where the copyrighted work exists or a copy
of the copyrighted work;
(c) identification of the URL or other specific location on Service where the material that you
claim is infringing is located;
(d) your address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law;
(f) a statement by you, made under penalty of perjury, that the above information in your
notice is accurate and that you are the copyright owner or authorized to act on the
copyright owner's behalf.
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15. Error Reporting and Feedback
information and feedback concerning errors, suggestions for improvements, ideas,
problems, complaints, and other matters related to our Service (“Feedback”). You
acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual
property right or other right, title or interest in or to the Feedback; (ii) Company may have
development ideas similar to the Feedback; (iii) Feedback does not contain confidential
information or proprietary information from you or any third party; and (iv) Company is not
under any obligation of confidentiality with respect to the Feedback. In the event the transfer
of the ownership to the Feedback is not possible due to applicable mandatory laws, you
grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge,
sub-licensable, unlimited, and perpetual right to use (including copy, modify, create
derivative works, publish, distribute and commercialize) Feedback in any manner and for
any purpose.
The third-party sites and tools mentioned above include the following:
Sentry
Sentry is an error-tracking solution provided by Functional Software Inc. More information is
available here: https://sentry.io/privacy/
16. Links To Other Web Sites
Our Service may contain links to third-party websites or services not owned or controlled
by AppsFolio.
AppsFolio has no control over, and assumes no responsibility for the content, privacy
policies, or practices of any third-party websites or services. We do not warrant the offerings
of any of these entities/individuals or their websites.
YOU ACKNOWLEDGE AND AGREE THAT APPSFOLIO SHALL NOT BE RESPONSIBLE
OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR
ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON
ANY SUCH CONTENT, GOODS, OR SERVICES AVAILABLE ON OR THROUGH ANY
SUCH THIRD PARTY WEB SITES OR SERVICES.
WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY
POLICIES OF ANY THIRD-PARTY WEBSITES OR SERVICES THAT YOU VISIT.
17. Disclaimer Of Warranty
THESE SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE”
BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE
INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY
AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY
SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.
NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY
WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS,
SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES.
WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE
ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES,
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THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE
SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED,
THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT
MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE
SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED
TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS
FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE
EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
18. Limitation Of Liability
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS,
DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES
(INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF
LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR
NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF
CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR
IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY
CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS
AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL
LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN
PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS
PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT
WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES,
AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE
DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION
OR EXCLUSION MAY NOT APPLY TO YOU.
19. Termination
We may terminate or suspend your account and bar access to Service immediately, without
prior notice or liability, under our sole discretion, for any reason whatsoever and without
limitation, including but not limited to a breach of Terms.
If you wish to terminate your account, you may simply discontinue using Service.
All provisions of Terms which by their nature should survive termination shall survive
termination, including, without limitation, ownership provisions, warranty disclaimers,
indemnity and limitations of liability.
20. Governing Law
These Terms shall be governed and construed in accordance with the laws of State of
Massachusetts without regard to its conflict of law provisions.
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Our failure to enforce any right or provision of these Terms will not be considered a waiver of
those rights. If any provision of these Terms is held to be invalid or unenforceable by a court,
the remaining provisions of these Terms will remain in effect. These Terms constitute the
entire agreement between us regarding our Service and supersede and replace any prior
agreements between us regarding Service.
21. Changes To Service
We reserve the right to withdraw or amend our Service, and any service or material we
provide via Service, in our sole discretion without notice. We will not be liable if for any
reason all or any part of Service is unavailable at any time or for any period. From time to
time, we may restrict access to some parts of Service, or the entire Service, to users,
including registered users.
22. Amendments To Terms
We may amend Terms at any time by posting the amended terms on this site. It is your
responsibility to review these Terms periodically.
Your continued use of the Platform following the posting of revised Terms means that you
accept and agree to the changes. You are expected to check this page frequently so you are
aware of any changes, as they are binding on you.
By continuing to access or use our Service after any revisions become effective, you agree
to be bound by the revised terms. If you do not agree to the new terms, you are no longer
authorized to use Service.
23. Waiver And Severability
No waiver by Company of any term or condition set forth in Terms shall be deemed a further
or continuing waiver of such term or condition or a waiver of any other term or condition, and
any failure of Company to assert a right or provision under Terms shall not constitute a
waiver of such right or provision.
If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be
invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited
to the minimum extent such that the remaining provisions of Terms will continue in full force
and effect.
24. Acknowledgement
BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE
THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY
THEM.
25. Contact Us
Please send your feedback, comments, requests for technical support:
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