Terms of Service

1. Service Description

Propensa provides a commercial real estate project management platform that enables users to:

• Manage property listings and client relationships
• Track prospects, locations, and marketing activities
• Generate and share activity reports
• Collaborate with team members and external partners
• Integrate with third-party services including Google, Microsoft.

2. Account Registration and Security

To use certain features of our Service, you must register for an account. You agree to:

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

3. Third-Party Integrations

3.1 Google Services

Our Service may integrate with Google services, including Gmail and Google Contacts. When you connect your Google account:

• You authorize Propensa to access specific Google data as described during the authorization process
• We will only access the data necessary to provide the requested functionality
• You can revoke this authorization at any time through your Google Account settings or through Propensa
• We comply with Google's API Services User Data Policy, including the Limited Use requirements

3.2 Microsoft Services

Our Service may integrate with Microsoft services, including Outlook and Microsoft 365. When you connect your Microsoft account:

• You authorize Propensa to access specific Microsoft data as described during the authorization process
• We will only access the data necessary to provide the requested functionality
• You can revoke this authorization at any time through your Microsoft Account settings or through Propensa

3.3 Email Sending

When you connect your email account (Gmail or Outlook) to send emails through Propensa:

• Emails will be sent from your own email address
• You are responsible for the content of emails sent through your account
• We store OAuth tokens securely and use them only to send emails on your behalf
• You can disconnect your email account at any time from your profile settings
• If your connection fails, emails will automatically be sent through our system email

3.4 Aritificial Intelligence

Our service includes Artificial Intelligence. When you use Propensa's AI to assist you:

• Information shared with AI is limited to your listings and client representation data
• No personal information is shared with AI
• AI interactions are stateless (without memory), so AI doesn't remember or learn from your data
• You can use AI at your own discretion. AI is only invoked when you choose to use it
• We reserve the right to alter the AI models at any time

3.5 Amazon Web Services - S3

We use AWS S3 to store file attachments. When you upload file attachments to Propensa:

• Files are stored in a dedicated AWS bucket
• Links are made available to access your files
• All files are publicly accessible over the internet to anyone with the link
• Only Propensa users with access to the attachment can delete it from AWS S3
• We reserve the right to delete files in its S3 bucket after a reasonable holding period

4. Data Usage and Privacy

4.1 Your Data

You retain all rights to the data you input into our Service. We do not claim ownership of your business data, property information, client records, or other content you create.

4.2 Google User Data

Propensa's use and transfer of information received from Google APIs adheres to the Google API Services User Data Policy, including the Limited Use requirements. Specifically:

• We only use Google user data to provide and improve features you have explicitly requested
• We do not transfer Google user data to third parties except as necessary to provide the Service
• We do not use Google user data for advertising purposes
• We do not allow humans to read Google user data unless:
  • You have given explicit consent for specific messages
  • It is necessary for security purposes (e.g., investigating abuse)
  • It is required to comply with applicable law
  • Our use is limited to internal operations and the data has been aggregated and anonymized

4.3 Data Security

We implement industry-standard security measures to protect your data, including:

• Encryption of data in transit and at rest
• Secure storage of OAuth tokens using AES-256 encryption
• Regular security audits and updates
• Access controls and authentication requirements

4.4 Data Retention

We retain your data for as long as your account is active or as needed to provide you services. You may request deletion of your data at any time by contacting us at support@propensa.com.

5. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable laws
• Send spam, unsolicited emails, or violate CAN-SPAM or similar regulations
• Attempt to gain unauthorized access to the Service or other users' accounts
• Interfere with or disrupt the Service or servers connected to the Service
• Upload or transmit viruses, malware, or other malicious code
• Violate the intellectual property rights of others
• Harass, abuse, or harm other users
• Use the Service to compete with or build a similar service

6. Payment and Subscriptions

Certain features of our Service require a paid subscription. By subscribing, you agree to:

• Pay all fees associated with your subscription plan
• Provide accurate and current billing information
• Authorize us to charge your payment method for recurring subscription fees
• Be responsible for all applicable taxes

You may cancel your subscription at any time. Upon cancellation, you will continue to have access to paid features until the end of your current billing period.

7. Intellectual Property

The Service and its original content, features, and functionality are owned by Swifton and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

You may not copy, modify, distribute, sell, or lease any part of our Service without our prior written permission.

8. Disclaimers and Limitations of Liability

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

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SWIFTON BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

9. Indemnification

You agree to indemnify, defend, and hold harmless Swifton and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses arising out of or in any way connected with:

• Your access to or use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Content you submit through the Service

10. Termination

We reserve the right to suspend or terminate your account and access to the Service at our sole discretion, without notice, for conduct that we believe:

• Violates these Terms or our policies
• Harms other users or third parties
• Creates liability for us or other users
• Is fraudulent or otherwise inappropriate

Upon termination, your right to use the Service will immediately cease. We will make reasonable efforts to provide you with access to export your data for a limited period after termination.

11. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

• Posting the updated Terms on our website
• Updating the "Last Updated" date at the top of these Terms
• Sending an email notification to the address associated with your account

Your continued use of the Service after such modifications constitutes your acceptance of the updated Terms.

12. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Illinois, United States, without regard to its conflict of law provisions.

Any disputes arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, except that either party may seek injunctive relief in any court of competent jurisdiction.

13. Contact Information

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

Swifton Digital
support@propensa.com

14. Severability

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

15. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Swifton regarding the use of the Service and supersede all prior agreements and understandings.