PropSWOT Master Terms of Service

2.1 Software Only; No Professional Services

PropSWOT is not a licensed real estate broker, general contractor, property manager, home inspector, electrician, plumber, HVAC technician, or other licensed professional, and does not perform, supervise, warrant, or guarantee any physical work on properties. PropSWOT provides software tools only and does not provide professional services of any kind.

2.2 No Agency or Control Over Repairs

PropSWOT does not act as an agent, fiduciary, employer, joint venturer, or partner of any User, and does not control, direct, supervise, inspect, or manage any repairs, maintenance, or other work performed by Users or third parties. All decisions about whether, when, how, and by whom to perform any repair or maintenance task are made solely by the applicable Users and/or their own service providers. PropSWOT has no authority to bind any User to any obligation.

2.3 Informational Use Only; No Safety or Legal Guarantee

ALL CONTENT ON THE PLATFORM, INCLUDING ANY DESIGNATION OF A TASK AS "DIY-ELIGIBLE," "BEGINNER-FRIENDLY," OR SIMILAR CHARACTERIZATIONS, IS PROVIDED FOR GENERAL INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND IS NOT A REPRESENTATION, WARRANTY, OR GUARANTEE THAT:

(a) Any particular task is safe, lawful, code-compliant, or appropriate for any specific property, User, or circumstance;

(b) Any repair method will be effective or successful;

(c) Any property condition has been accurately diagnosed;

(d) Any User possesses the necessary skills, tools, permits, or legal authorization to perform any task; or

(e) Following any instruction or recommendation will not result in injury, property damage, code violations, or other harm.

Users are solely responsible for determining whether they are qualified and legally permitted to perform any task and for complying with all applicable laws, regulations, building codes, safety standards, manufacturer warranties, lease terms, HOA rules, insurance requirements, and building policies.

2.4 No Legal, Technical, or Professional Advice

The Platform may include general information about landlord-tenant law, building safety, insurance, accessibility, environmental hazards, or similar topics, but such information:

(a) Is not legal, technical, engineering, or professional advice;

(b) Does not create an attorney-client, contractor-client, or other professional relationship;

(c) May not reflect current, local, or applicable law or standards; and

(d) Should not be relied upon as a substitute for consultation with qualified professionals.

Users should consult their own qualified legal, technical, engineering, insurance, or other professional advisors before taking any action that could affect their rights, obligations, safety, property, warranties, or insurance coverage.

2.5 No Inspection or Quality Control

PropSWOT does not inspect properties, verify property conditions, review User Content for accuracy or completeness, validate User qualifications or credentials, or perform quality control on any work. PropSWOT makes no representations regarding the condition, safety, or compliance of any property or the qualifications of any User.

2.6 AI-Generated Content Disclaimer

Some content on the Platform may be generated or assisted by artificial intelligence systems. Such AI-generated content:

(a) May contain errors, inaccuracies, or inappropriate suggestions;

(b) Is not reviewed or verified by human professionals;

(c) Should be independently verified before reliance; and

(d) Is provided "AS IS" without any warranty of accuracy, completeness, or suitability.

Users must exercise independent judgment and not rely solely on AI-generated content for any repair, maintenance, or safety decision.

3.1 User Responsibility and Voluntary Assumption of Risk

BY CHOOSING TO PERFORM ANY REPAIR, MAINTENANCE, TROUBLESHOOTING, OR OTHER ACTIVITY SUGGESTED, DESCRIBED, OR FACILITATED ON THE PLATFORM, USERS ACKNOWLEDGE AND AGREE THAT:

(a) Such activities can be hazardous and may result in serious personal injury, death, or substantial property damage;

(b) Users voluntarily and knowingly assume all risks associated with such activities, including risks of electrocution, fire, explosion, gas leak, carbon monoxide poisoning, flooding, structural collapse, falls, lacerations, chemical exposure, mold exposure, asbestos exposure, lead paint exposure, and all other hazards;

(c) Users will not perform any task they are not comfortable with, properly trained for, adequately equipped for, or legally permitted to perform;

(d) Users are solely responsible for their own safety and the safety of others who may be affected by their actions; and

(e) Users release PropSWOT from any and all liability for injuries or damages resulting from their use of the Platform or performance of any maintenance activity.

3.2 High-Risk Tasks and Emergency Situations

The Platform is NOT intended for use in emergencies, life-safety situations, or in connection with high-risk systems, including but not limited to:

• Gas systems, gas leaks, or suspected gas odors
• Major electrical work, electrical fires, or exposed wiring
• Structural elements, load-bearing walls, or foundations
• Fire-suppression systems, smoke detectors, or fire alarms
• Water heater pressure relief, boiler systems, or steam systems
• Asbestos, lead paint, or other hazardous materials
• HVAC systems involving refrigerants or high voltage
• Roof work, work at heights, or confined spaces
• Any situation involving immediate danger to life or property

IN ANY EMERGENCY SITUATION, INCLUDING SUSPECTED GAS LEAK, ELECTRICAL FIRE, FLOODING, STRUCTURAL INSTABILITY, CARBON MONOXIDE ALARM, OR MEDICAL EMERGENCY, USERS MUST:

(a) IMMEDIATELY STOP using the Platform;

(b) EVACUATE if appropriate;

(c) CONTACT emergency services (911 or local equivalent); and

(d) CONTACT qualified licensed professionals as needed.

DO NOT USE THE PLATFORM IN PLACE OF EMERGENCY SERVICES OR PROFESSIONAL ASSISTANCE IN ANY EMERGENCY.

3.3 Compliance with Laws and Permits

Users are solely responsible for:

(a) Obtaining all necessary permits, approvals, and inspections required by applicable law;

(b) Complying with all building codes, safety standards, environmental regulations, and manufacturer specifications;

(c) Maintaining adequate insurance coverage;

(d) Ensuring work is performed by appropriately licensed individuals where required by law; and

(e) Notifying landlords, property managers, HOAs, or other parties as required by lease, governing documents, or law before performing any work.

3.4 Personal Protective Equipment and Safety Precautions

Users must provide and use appropriate personal protective equipment (PPE) and follow all applicable safety precautions. PropSWOT does not provide, inspect, or certify PPE or safety equipment.

4.1 Agreement to Arbitrate

TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL DISPUTES, CLAIMS, OR CONTROVERSIES ARISING OUT OF OR RELATING TO THESE TERMS, THE PLATFORM, OR THE USE THEREOF, INCLUDING BUT NOT LIMITED TO:

(a) Claims for personal injury, wrongful death, or property damage;

(b) Claims alleging defective instructions, negligent misrepresentation, or failure to warn;

(c) Claims under consumer protection, deceptive trade practices, or unfair competition laws;

(d) Claims for breach of contract, breach of warranty, or unjust enrichment;

(e) Claims relating to privacy, data security, or intellectual property;

(f) Claims by or against Landlord Users, Tenant Users, or Vendor Users;

(g) Any statutory, common law, or equitable claims;

SHALL BE RESOLVED EXCLUSIVELY BY FINAL AND BINDING ARBITRATION, AND NOT IN A COURT OF LAW, EXCEPT AS PROVIDED IN SECTION 4.6 BELOW.

Arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (for consumer Users) or Commercial Arbitration Rules (for business Users), as applicable and as then in effect, or by JAMS under its Streamlined Arbitration Rules, at the claimant's election.

4.2 Individual Basis Only; Class Action Waiver

ARBITRATION SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS, AND NOT IN A CLASS, COLLECTIVE, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND PROPSWOT EACH WAIVE ANY RIGHT TO:

(a) Participate in, maintain, or recover in any class action or class-wide arbitration;

(b) Act as a class representative or class member in any class action;

(c) Join or consolidate claims with claims of any other persons;

(d) Bring claims in a representative capacity on behalf of others; or

(e) Participate in any private attorney general action or public injunctive relief proceeding.

THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.

4.3 Arbitration Procedures

(a) The party initiating arbitration must send written notice to the other party describing the claim and requesting arbitration.

(b) The arbitrator, and not any court or agency, shall have exclusive authority to resolve all disputes regarding the interpretation, applicability, enforceability, or formation of these Terms, including the arbitrability of any dispute and the scope or validity of this arbitration agreement, except as provided in Section 4.2 regarding class action waiver enforceability.

(c) The arbitrator shall apply the substantive law of the governing jurisdiction (as specified in Section 4.4) and may award any relief that would be available in court, including injunctive or declaratory relief, but only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

(d) The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court having jurisdiction.

4.4 Venue and Governing Law

Unless prohibited by applicable law, the seat of arbitration shall be the county in which PropSWOT has its principal place of business at the time the arbitration is initiated. These Terms shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (FAA), and the substantive laws of the state in which PropSWOT has its principal place of business, without regard to conflict-of-laws principles. For claims subject to the FAA, the FAA shall govern the interpretation and enforcement of this arbitration agreement.

4.5 Costs and Fees

Each party shall bear its own attorneys' fees and costs in arbitration unless the arbitrator awards fees and costs to the prevailing party as permitted by applicable law. For consumer Users, PropSWOT will pay the claimant's share of arbitration filing fees in excess of what would have been required to file the claim in court.

4.6 Exceptions to Arbitration

Notwithstanding Section 4.1, either party may:

(a) Bring an individual action in small claims court if the claim qualifies;

(b) Seek provisional or injunctive relief in court to prevent irreparable harm or preserve the status quo pending arbitration; or

(c) Pursue claims for intellectual property infringement in court.

4.7 Opt-Out Right for Consumer Users

Consumer Users (individuals using the Platform for personal, household, or family purposes) may opt out of this arbitration agreement by sending written notice to PropSWOT at 1401 21st ST #STE R, Sacramento, CA 95811, US within thirty (30) days of first accepting these Terms. The opt-out notice must include the User's name, address, email, and a clear statement that the User wishes to opt out of the arbitration agreement. Opt-out notices received after 30 days will not be effective.

4.8 Severability of Arbitration Clause

If any portion of this Section 4 is found to be unenforceable or unlawful for any reason:

(a) That portion shall be severed and the remainder of this Section 4 shall remain in full force and effect;

(b) If the class action waiver in Section 4.2 is found to be unenforceable with respect to any particular claim or request for relief, that claim or request for relief shall be severed and may proceed in court, while all other claims shall proceed in individual arbitration; and

(c) In no event shall this Section 4 be construed to permit class, collective, or representative arbitration.

4.9 Continuation of Obligations

This Section 4 shall survive termination of these Terms and shall continue to apply to all claims arising out of any use of the Platform, even after a User's account is closed or access is terminated.

5.1 Acknowledgment of Limitation Purpose

Nothing in this Section 5 is intended to limit liability that cannot be limited under applicable law (for example, liability for fraud, gross negligence, willful misconduct, or personal injury in some jurisdictions). Where such limitations are prohibited, they shall not apply, but all other limitations shall remain in effect.

5.2 No Liability for Consequential or Indirect Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PROPSWOT NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, CONTRACTORS, AGENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS, OR ASSIGNS (COLLECTIVELY, THE "PROPSWOT PARTIES") SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR STATUTORY DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO:

(a) Loss of profits, revenue, business opportunities, or goodwill;

(b) Loss of property value or diminution in property value;

(c) Loss of use of property or equipment;

(d) Business interruption or work stoppage;

(e) Mold, contamination, water damage, or environmental remediation costs;

(f) Displacement, relocation, temporary housing, or hotel costs;

(g) Loss of data, records, or information;

(h) Costs of substitute services or replacement property;

(i) Emotional distress, pain and suffering, or loss of consortium;

(j) Injury to reputation or privacy;

(k) Attorneys' fees and litigation costs (except as may be awarded by an arbitrator);

(l) Any other economic or non-economic losses;

ARISING OUT OF OR IN CONNECTION WITH: The Platform or any content thereon; any repair, maintenance, or troubleshooting activity; any User Content or third-party content; any act or omission of any User or third party; any property condition, defect, or hazard; unauthorized access to or use of the Platform; errors, bugs, viruses, or security breaches; interruption or termination of service; any breach of these Terms—WHETHER THE CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, STATUTE, OR ANY OTHER LEGAL THEORY, AND EVEN IF THE PROPSWOT PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

5.3 Cap on Direct Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PROPSWOT PARTIES' TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE PLATFORM, THESE TERMS, OR ANY SUBJECT MATTER OF THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF:

(A) ONE HUNDRED U.S. DOLLARS (US $100.00); OR

(B) THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY THE CLAIMING USER TO PROPSWOT FOR ACCESS TO THE PLATFORM DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE THE CLAIM AROSE.

THIS LIMITATION APPLIES CUMULATIVELY TO ALL CLAIMS AND IS NOT A PER-CLAIM OR PER-INCIDENT LIMIT.

5.4 No Responsibility for Third-Party Conduct or Properties

THE PROPSWOT PARTIES:

(a) Do not own, operate, manage, control, inspect, or maintain any property listed, referenced, or managed through the Platform;

(b) Are not responsible for, and shall have no liability arising from, any conditions, defects, code violations, hazards, dangerous conditions, or habitability issues at any property;

(c) Are not responsible for, and shall have no liability arising from, any acts, omissions, representations, warranties, negligence, intentional misconduct, or violations of law by any property owner, manager, tenant, guest, contractor, vendor, or other third party;

(d) Do not verify, warrant, or guarantee the accuracy, completeness, or reliability of any User Content, including repair instructions, property information, or vendor credentials;

(e) Are not responsible for the quality, safety, timeliness, or legality of any work performed by any User or third party; and

(f) Do not guarantee that any User will comply with applicable laws, codes, or professional standards.

5.5 No Responsibility for Platform Availability or Security

THE PROPSWOT PARTIES SHALL NOT BE LIABLE FOR:

(a) Any interruption, outage, delay, or unavailability of the Platform;

(b) Any data loss, corruption, or security breach;

(c) Any unauthorized access to User accounts or information;

(d) Any bugs, errors, viruses, malware, or other harmful code; or

(e) Any failures of third-party services, including cloud hosting, telecommunications, or internet connectivity.

5.6 No Warranty

THE PLATFORM AND ALL CONTENT THEREON ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, COMPLETENESS, RELIABILITY, OR AVAILABILITY.

THE PROPSWOT PARTIES DO NOT WARRANT THAT:

(a) The Platform will meet your requirements or expectations;

(b) The Platform will be uninterrupted, timely, secure, or error-free;

(c) Any content on the Platform is accurate, current, or reliable;

(d) Any defects or errors will be corrected;

(e) The Platform is free of viruses or other harmful components; or

(f) Any results or outcomes can be obtained from use of the Platform.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE PROPSWOT PARTIES' LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

5.7 Basis of the Bargain

YOU ACKNOWLEDGE AND AGREE THAT PROPSWOT HAS SET ITS PRICES AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND PROPSWOT, AND THAT THE SAME SHALL APPLY REGARDLESS OF WHETHER ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

6.1 User-Generated Content Responsibility

Users may submit, upload, or otherwise provide content to the Platform, including text, images, videos, audio, diagrams, checklists, repair instructions, troubleshooting guides, property information, and other materials (collectively, "User Content"). Users are solely and exclusively responsible for their User Content and for ensuring that it:

(a) Is accurate, complete, current, and not misleading;

(b) Is lawful and does not violate any applicable law, regulation, code, or third-party right;

(c) Does not infringe any intellectual property, privacy, publicity, or other proprietary right;

(d) Does not contain any defamatory, obscene, pornographic, abusive, threatening, harassing, or hate speech content;

(e) Does not contain viruses, malware, or other harmful code;

(f) Does not violate these Terms or any applicable policy; and

(g) Is appropriate, safe, and suitable for its intended audience and use.

6.2 Landlord-Provided Instructions and Programs

If a Landlord User uploads, configures, creates, or provides repair instructions, guides, videos, checklists, troubleshooting flows, incentive programs (including rent credits, discounts, or other benefits), vendor assignments, maintenance protocols, or other materials for use by Tenant Users, Vendor Users, or other occupants, such Landlord User acknowledges and agrees that:

(a) The Landlord User remains solely and exclusively responsible for all such materials, programs, and instructions;

(b) The Landlord User is solely responsible for ensuring that such materials and programs are safe, accurate, lawful, code-compliant, and appropriate for the intended users and properties;

(c) PropSWOT does not review, approve, verify, edit, or endorse any Landlord-provided materials or programs for safety, legality, accuracy, or code compliance;

(d) The Landlord User must ensure compliance with all applicable landlord-tenant laws, habitability requirements, building codes, safety standards, fair housing laws, and other legal obligations; and

(e) The Landlord User assumes all risks and liabilities associated with any tenant-performed or occupant-performed maintenance activities.

6.3 Prohibited Content

Users shall not submit, upload, or provide any User Content that:

(a) Instructs or encourages illegal activity, including unlicensed practice of regulated professions;

(b) Provides instructions for high-risk or inherently dangerous activities without appropriate warnings;

(c) Violates safety codes, manufacturer warranties, or insurance requirements;

(d) Misrepresents the qualifications, credentials, licensing status, or authority of any person; or

(e) Contains false, fraudulent, or deceptive statements.

PropSWOT reserves the right, but has no obligation, to monitor, review, edit, or remove any User Content at any time for any reason or no reason, with or without notice.

6.4 Indemnification by Landlord Users

Each Landlord User agrees to defend, indemnify, and hold harmless the PropSWOT Parties from and against any and all claims, demands, actions, suits, proceedings, investigations, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees, expert fees, and litigation costs) arising out of or related to: (a) any User Content or repair instructions provided by the Landlord User; (b) any repair, maintenance, or incentive program implemented by the Landlord User using the Platform; (c) any work performed or attempted by Tenant Users or occupants based on Landlord User's instructions or authorization; (d) any property condition, defect, or hazard at any property owned or managed by the Landlord User; (e) the Landlord User's violation of any applicable law, regulation, or third-party right; or (f) any dispute between the Landlord User and any Tenant User, Vendor User, or other party.

6.5 Indemnification by Tenant Users and Vendor Users

To the extent permitted by applicable law, each Tenant User and Vendor User agrees to defend, indemnify, and hold harmless the PropSWOT Parties from and against any and all claims arising out of or related to: (a) the User's User Content; (b) the User's use or misuse of the Platform; (c) the User's violation of these Terms or applicable law; (d) any repair, maintenance, or other work performed or attempted by the User; or (e) any injury, death, or property damage caused by the User's actions or omissions—EXCEPT TO THE EXTENT SUCH CLAIMS ARISE SOLELY FROM PROPSWOT'S OWN GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR VIOLATION OF LAW.

6.6 Indemnification Procedures

The indemnified party (PropSWOT) shall: (a) Provide prompt written notice of any claim subject to indemnification; (b) Cooperate reasonably in the defense of the claim; and (c) Allow the indemnifying party to control the defense and settlement of the claim, provided that the indemnifying party shall not settle any claim in a manner that admits fault on behalf of PropSWOT or imposes obligations on PropSWOT without PropSWOT's prior written consent.

6.7 Survival

The indemnification obligations in this Section 6 shall survive termination or expiration of these Terms.

7.1 License to Use User Content

By submitting User Content to the Platform, Users grant PropSWOT and its affiliates, successors, and assigns a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, fully paid-up, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, publicly display, and otherwise exploit such User Content in connection with operating, maintaining, improving, and developing the Platform; providing services to Users; training and improving AI and machine learning models; analytics, benchmarking, and research; creating aggregated or anonymized datasets; marketing and promoting the Platform; and any other lawful business purpose—all subject to applicable law and any separately agreed data processing, privacy, or confidentiality terms.

Users represent and warrant that they have all necessary rights, consents, and permissions to grant this license.

7.2 Use of Aggregated and Anonymized Data

PropSWOT may collect, analyze, process, store, and use aggregated, anonymized, and/or de-identified data derived from User interactions with the Platform; maintenance requests, work orders, and repair activities; troubleshooting flows, AI interactions, and outcomes; property information and conditions; and other data or metadata generated through use of the Platform—for purposes such as analytics, machine learning model training, product development, safety and risk detection features, benchmarking, industry research, and any other lawful business purpose.

Such aggregated, anonymized, or de-identified data will not be used to identify any specific individual person, except as permitted by applicable law or with appropriate consent. PropSWOT owns all rights to such aggregated and anonymized data.

7.3 Feedback

If Users provide PropSWOT with any suggestions, comments, feedback, ideas, or other information regarding the Platform ("Feedback"), such Feedback shall be deemed non-confidential and PropSWOT shall be free to use such Feedback without restriction or compensation to the User.

7.4 Privacy and Data Security

PropSWOT's collection, use, and disclosure of personal information is governed by its Privacy Policy. By using the Platform, Users consent to such collection, use, and disclosure. PropSWOT implements reasonable security measures, but cannot guarantee absolute security of User data.

8.1 No Modification of Legal Repair Obligations

Nothing in these Terms or on the Platform is intended to waive, limit, modify, or alter any non-waivable statutory rights or obligations related to habitability, repairs, safety, consumer protection, or other legal protections that may apply to any User under applicable federal, state, or local law.

Property owners and managers remain solely responsible for compliance with all applicable legal obligations, including: duties to maintain habitable and safe premises; duties to make timely repairs in response to tenant requests; duties to comply with building codes and safety standards; duties under landlord-tenant laws, housing codes, and consumer protection laws; duties to provide essential services and utilities; and any other legal obligations to tenants, occupants, or third parties. Use of the Platform does not relieve any party of any such obligations.

8.2 Voluntary Use; No Coercion

Use of the Platform's self-help tools, troubleshooting features, repair guides, and participation in any incentive program, rent credit program, or other benefit program made available through the Platform is entirely voluntary. Declining to use such tools, features, or programs does not by itself affect any User's legal rights or remedies under applicable landlord-tenant laws, consumer protection laws, or other statutes; waive any right to request professional repairs from a landlord or property manager; waive any habitability rights or warranty of habitability; constitute a breach of any lease or agreement; or subject the User to any penalty, fee, or adverse action.

8.3 Landlord Compliance Obligation

Landlord Users are solely responsible for ensuring that any incentives, rent credits, discounts, or other benefits offered through the Platform comply with all applicable landlord-tenant laws, rent control ordinances, tax laws, and other legal requirements; that such incentives and programs do not operate as unlawful waivers of tenant rights or habitability obligations; that participation in such programs is truly voluntary and tenants are not coerced, pressured, or penalized for declining to participate; and that all required disclosures are made to tenants regarding their rights and the voluntary nature of any programs.

8.4 Tenant Information and Notice

Landlord Users who offer or implement any tenant-facing programs through the Platform should provide tenants with clear written information explaining that participation is voluntary; that tenants retain all legal rights to request professional repairs; that tenants are not required to perform any repairs themselves; the nature and terms of any incentive or rent credit program; any safety considerations or limitations; and how to opt out or request professional service instead. PropSWOT is not responsible for providing such notices, and Landlord Users remain solely responsible for all required disclosures and compliance.

9.1 Program Description and Consent

By providing your mobile phone number to the Platform and opting into maintenance alerts, repair notifications, vendor coordination messages, or other SMS messaging features, you expressly consent to receive transactional and informational SMS text messages from PropSWOT and from Property Management companies and other entities using the PropSWOT Platform to coordinate maintenance and repairs.

Messages may include: maintenance request confirmations and status updates; vendor assignment and arrival notifications; repair completion notifications; appointment reminders and scheduling messages; safety alerts and urgent notifications; account and security notifications; and other transactional and informational messages related to property maintenance.

9.2 Message Frequency

Message frequency varies based on your repair activity, property maintenance needs, and account settings. You may receive multiple messages per day during active maintenance events.

9.3 Opt-Out / STOP

You can cancel SMS messaging at any time by: (a) Texting "STOP" to any number from which you receive PropSWOT messages; or (b) Adjusting your notification settings in your account; or (c) Contacting support@propswot.com.

After you opt out, we will send you one final confirmation text message and then discontinue messages to that number. Note that opting out of SMS messages may affect your ability to receive timely maintenance updates and may impact service delivery.

9.4 Help

For help or assistance with SMS messaging, you can reply with the keyword "HELP" to any message, contact support@propswot.com, or visit our support documentation.

9.5 Message and Data Rates

Message and data rates may apply for all SMS messages sent and received, as determined by your mobile carrier. You are solely responsible for any fees charged by your carrier. PropSWOT is not responsible for any carrier charges.

9.6 Supported Carriers and Delivery

The SMS messaging service is supported by major U.S. carriers, but may not be available on all carriers or in all geographic areas. Carriers are not liable for delayed, failed, or undelivered messages. PropSWOT does not guarantee message delivery and is not liable for any consequences of non-delivery, delayed delivery, or message transmission errors.

9.7 Mobile Device and Number Requirements

You must have a compatible mobile device and wireless service plan. You are responsible for maintaining your mobile number and updating your contact information in your account. If you change your mobile number, you must update your account or you may not receive messages.

9.8 One-to-One Consent and Multi-Property Scenarios

(a) Users acknowledge that PropSWOT acts as a service provider and technology platform for various Property Management companies, landlords, and property owners (each, a "Property Partner").

(b) Consent to receive SMS messages provided to a specific Property Partner for maintenance coordination regarding a specific property constitutes "one-to-one" consent between you and that Property Partner for that specific property or maintenance program.

(c) Consent is property-specific and program-specific, and is not automatically transferable between different Property Partners, different properties, different landlords, or different maintenance programs.

(d) If you are a tenant at multiple properties managed by different Property Partners, or if your property is sold or management changes, you may need to provide separate consent for messaging related to each property or Property Partner.

(e) You may opt out of messaging from any specific Property Partner or property without affecting messaging for other properties or Property Partners.

9.9 No Emergency Use

SMS messaging through the Platform is NOT intended for use in emergencies or urgent safety situations. Do not rely on SMS messaging for time-critical or life-safety communications. In any emergency, contact emergency services (911) immediately.

9.10 Communication with Vendors

If you consent to receive SMS messages from vendors, contractors, or service providers coordinated through the Platform, such messages are sent by the respective vendors and not by PropSWOT. PropSWOT is not responsible for vendor communications, and you should direct any questions or complaints about vendor messages to the vendor directly. You may opt out of vendor messages by contacting the vendor or by adjusting your account settings.

9.11 Compliance with TCPA and Regulations

PropSWOT's SMS messaging practices are designed to comply with the Telephone Consumer Protection Act (TCPA), FCC regulations, and carrier guidelines. Consent to SMS messaging is not a condition of purchasing any goods or services, except where messaging is an integral part of the service (such as repair coordination). You may withdraw consent at any time without penalty.

10.1 Independent Contractor Status

Vendor Users (including contractors, maintenance personnel, handypersons, and service providers) who use the Platform to receive, manage, or perform work are independent contractors and not employees, agents, or representatives of PropSWOT. PropSWOT does not: (a) Employ, supervise, direct, or control Vendor Users; (b) Set the terms, conditions, rates, or quality standards for work performed by Vendor Users; (c) Guarantee or warranty the work performed by Vendor Users; (d) Verify the qualifications, licensing, insurance, or background of Vendor Users; (e) Assume any employer obligations; or (f) Have any liability for the acts, omissions, negligence, or violations of law by Vendor Users.

10.2 Vendor Qualifications and Compliance

Vendor Users represent, warrant, and covenant that they hold all licenses, permits, certifications, and credentials required by applicable law; maintain adequate liability insurance and, where required, workers' compensation insurance; comply with all applicable laws, codes, regulations, and safety standards; have the necessary skills, tools, equipment, and expertise to perform work safely and competently; will perform work in a good and workmanlike manner; will obtain all necessary permits and inspections; will not misrepresent their qualifications, credentials, or licensing status; and will immediately notify property owners or managers if they encounter conditions that require licensed professional work beyond their scope.

10.3 Vendor Indemnification

Vendor Users agree to defend, indemnify, and hold harmless the PropSWOT Parties from and against any and all claims arising out of or related to: any work performed or attempted by the Vendor User; any injury, death, or property damage caused by the Vendor User's acts or omissions; the Vendor User's violation of any law, code, regulation, or standard; the Vendor User's breach of these Terms; any misrepresentation of the Vendor User's qualifications, licensing, or insurance; any dispute between the Vendor User and any property owner, manager, tenant, or other party; or any employment-related claims alleging that the Vendor User is an employee rather than an independent contractor.

10.4 No Guarantee of Work Opportunities

PropSWOT does not guarantee any Vendor User any minimum number of work opportunities, jobs, income, or hours of work. The Platform is a marketplace and communication tool; all decisions regarding whether to offer work to or accept work from any Vendor User are made by property owners, managers, or other Users.

10.5 Vendor Ratings and Reviews

Vendor Users may be rated and reviewed by other Users. PropSWOT reserves the right to suspend or terminate access for Vendor Users who receive consistently poor ratings, violate these Terms, or engage in unsafe or unprofessional conduct.

11.1 Account Registration

Some features of the Platform require Users to create an account. Users agree to: (a) Provide accurate, current, and complete information during registration; (b) Maintain and promptly update account information; (c) Maintain the security and confidentiality of account credentials; (d) Notify PropSWOT immediately of any unauthorized access or security breach; (e) Be responsible for all activity occurring under their account; and (f) Not share, sell, transfer, or allow others to use their account.

11.2 Prohibited Account Activities

Users shall not: create accounts using false, misleading, or fraudulent information; create multiple accounts to evade restrictions or abuse the Platform; impersonate any person or entity; use automated means to access the Platform; attempt to gain unauthorized access to any account, system, or data; interfere with or disrupt the Platform's operation or security; or engage in any fraudulent, abusive, or illegal activity.

11.3 Termination by User

Users may terminate their account at any time by contacting support@propswot.com or through account settings. Termination does not relieve Users of any obligations or liabilities incurred prior to termination.

11.4 Termination by PropSWOT

PropSWOT reserves the right to suspend, restrict, or terminate any User's access to the Platform at any time, with or without notice, for any reason or no reason, including but not limited to: violation of these Terms or any applicable policy; fraudulent, abusive, or illegal activity; providing false or misleading information; engaging in conduct that harms or may harm other Users or PropSWOT; repeated poor performance or negative ratings (for Vendor Users); non-payment of fees (if applicable); inactivity for an extended period; or any other reason in PropSWOT's sole discretion.

11.5 Effect of Termination

Upon termination: (a) The User's right to access and use the Platform immediately ceases; (b) PropSWOT may delete the User's account and data, subject to legal retention requirements; (c) All licenses granted by the User to PropSWOT shall survive; (d) All provisions of these Terms that by their nature should survive (including indemnification, limitation of liability, arbitration, and disclaimers) shall survive.

12.1 PropSWOT's Intellectual Property

The Platform and all content, features, functionality, software, code, text, graphics, logos, trademarks, service marks, images, videos, audio, designs, interfaces, and other materials provided by PropSWOT (collectively, "PropSWOT Content") are owned by or licensed to PropSWOT and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws. Except for the limited license granted in Section 12.2, Users acquire no rights or licenses in or to PropSWOT Content or the Platform.

12.2 Limited License to Users

Subject to Users' compliance with these Terms, PropSWOT grants Users a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform and PropSWOT Content solely for Users' personal or internal business purposes in accordance with these Terms.

This license does not permit Users to: copy, modify, adapt, translate, or create derivative works of the Platform or PropSWOT Content; reverse engineer, decompile, disassemble, or attempt to derive source code from the Platform; rent, lease, sell, resell, sublicense, or distribute the Platform or PropSWOT Content; remove, obscure, or alter any copyright, trademark, or other proprietary notices; use any automated means to access or collect data from the Platform; frame or mirror any portion of the Platform; use the Platform or PropSWOT Content for any competitive or commercial purpose not expressly authorized; or interfere with or circumvent any security or access control mechanisms.

12.3 Trademarks

"PropSWOT" and all related trademarks, service marks, logos, and trade names are proprietary to PropSWOT. Users may not use any PropSWOT trademarks without PropSWOT's prior written permission.

12.4 DMCA and Copyright Infringement

PropSWOT respects intellectual property rights. If you believe any content on the Platform infringes your copyright, please send a DMCA notice to our designated copyright agent at support@propswot.com with: (a) Identification of the copyrighted work claimed to be infringed; (b) Identification of the allegedly infringing material and its location; (c) Your contact information; (d) A statement that you have a good-faith belief that the use is not authorized; (e) A statement that the information in the notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner; (f) Your physical or electronic signature. PropSWOT may remove allegedly infringing content and may terminate repeat infringers' accounts.

13.1 Fees

Some features or services on the Platform may require payment of fees. All fees are stated in U.S. dollars unless otherwise specified. Users agree to pay all applicable fees as described at the time of purchase or subscription.

13.2 Subscription Services

If you subscribe to a paid subscription plan: (a) Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date; (b) You authorize PropSWOT to charge your payment method on each renewal date; (c) Fees are subject to change with notice as provided in Section 14.2; (d) Refunds are provided only as required by law or as specified in our refund policy.

13.3 Payment Methods and Processing

Payments are processed by third-party payment processors. You agree to provide accurate payment information and to comply with the payment processor's terms. PropSWOT is not responsible for payment processing errors or failures.

13.4 Taxes

All fees are exclusive of taxes. Users are responsible for all applicable sales, use, value-added, and other taxes, except for taxes based on PropSWOT's net income.

13.5 Late Payment and Non-Payment

If any fees are not paid when due, PropSWOT may: (a) Suspend or terminate access to the Platform; (b) Charge interest on overdue amounts at the lesser of 1.5% per month or the maximum rate permitted by law; and (c) Pursue collection remedies, with the User responsible for all collection costs and attorneys' fees.

14.1 Modifications to Terms

PropSWOT reserves the right to modify these Terms at any time. If we make material changes, we will provide notice by: (a) Posting the updated Terms on the Platform with a new "Last Updated" date; (b) Sending an email to the address associated with your account (for registered Users); or (c) Providing notice through the Platform or mobile application.

Your continued use of the Platform after the effective date of the updated Terms constitutes your acceptance of the changes. If you do not agree to the updated Terms, you must stop using the Platform.

14.2 Modifications to Platform

PropSWOT reserves the right to modify, suspend, discontinue, or restrict access to any part of the Platform at any time, with or without notice, for any reason, including for maintenance, updates, security, or business reasons. PropSWOT shall not be liable for any modification, suspension, or discontinuation of the Platform.

15.1 Entire Agreement

These Terms, together with the Privacy Policy and any other policies or agreements expressly incorporated by reference, constitute the entire agreement between you and PropSWOT regarding the Platform and supersede all prior or contemporaneous understandings and agreements.

15.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired, and such provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its intent.

15.3 Waiver

No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision. PropSWOT's failure to enforce any right or provision shall not constitute a waiver of such right or provision.

15.4 Assignment

Users may not assign, transfer, or delegate these Terms or any rights or obligations hereunder without PropSWOT's prior written consent. PropSWOT may freely assign these Terms. Any purported assignment in violation of this section is void.

15.5 No Third-Party Beneficiaries

These Terms are for the sole benefit of the parties and do not create any third-party beneficiary rights, except that the PropSWOT Parties (as defined in Section 5.2) are intended third-party beneficiaries of the limitation of liability, indemnification, and arbitration provisions.

15.6 Force Majeure

PropSWOT shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, utility failures, internet or telecommunications failures, government actions, pandemics, or other force majeure events.

15.7 Notices

Notices to PropSWOT must be sent to: PropSWOT, Inc., 1401 21st ST #STE R, Sacramento, CA 95811, US. Email: support@propswot.com. Notices to Users will be sent to the email address associated with the User's account or posted on the Platform.

15.8 Relationship of Parties; Headings; Interpretation; Survival; Export; Government Users

Nothing in these Terms creates any partnership, joint venture, agency, franchise, sales representative, or employment relationship between Users and PropSWOT. Users have no authority to bind PropSWOT. Section headings are for convenience only and do not affect interpretation. As used in these Terms: "Including" means "including but not limited to"; singular includes plural and vice versa; "Or" is not exclusive; "Shall" and "will" are mandatory; "may" is permissive. These Terms are drafted in English; the English version shall control in the event of any conflict. All provisions that by their nature should survive termination shall survive, including but not limited to Sections 2, 3, 4, 5, 6, 7, 10.3, 12, and 15. The Platform and related technology may be subject to U.S. export control laws; Users agree to comply with all applicable export and import laws. If you are a U.S. government entity, the Platform is a "commercial item" as defined in FAR 2.101, and use is governed by these Terms.