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Effective Date: 10/6/2023

This website, computing application, and the data, services, information, tools, functionality, updates and similar materials delivered or provided thereby, and all materials and goods sold or provided therethrough (collectively, the “Service”), are supplied by Un Incorporated, operating under the name Castle. (“Castle”, “us” or “we”) subject to your agreement to and compliance with the conditions set forth in this Terms of Service (the “Agreement”). By accessing the Service, using the Service, subscribing to the service or otherwise entering into this Agreement, you are creating a binding contract with Castle.

Castle may revise or update this Agreement by posting an amended version through the Service and making you aware of the revisions. Your use of the Service following an update to this Agreement (or other acceptance method) is considered acceptance of the updated Agreement. If you do not accept the changes, you must stop using the Service.

Castle

  1. Castle empowers landlords to effectively manage their tenants from anywhere. Currently, landlords can collect rent online from their tenants automatically.
  2. Castle is free for tenants. Castle currently charges landlords nothing. Castle may change its pricing model at any time, and will inform you of pricing changes via email, SMS, or a message on entercastle.com. You can cancel service at any time. We cannot give refunds for payment already rendered.
  3. Castle uses outside payment processors to handle all transactions between landlords and tenants, and payments between users and Castle. When you provide Castle with payment information, you authorize Castle to in turn provide that information to its payment processors, which they use to facilitate transactions you authorize. Please refer to the processors’ own terms of service for details on how they handle your information. If you purchase a subscription, it may result in recurring charges to your payment card or method, and you agree that Castle may charge such amounts until such a time as your subscription expires or you cancel the subscription, depending on the subscription type. WE MAY SUBMIT PERIODIC CHARGES WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. To terminate your authorization or change your payment method, please contact us at support@entercastle.com.
  4. Castle never possesses any money transferred between landlords and tenants.
  5. Castle is not responsible for a payee’s actions in regards to transferred money once a transfer is complete.
  6. Castle and its payment processors may debit funds from your account if a payor or payor’s bank initiates a reversal, chargeback, or dispute of a payment made to you, in accordance with applicable financial institution and network policies and procedures. Castle may also initiate a reversal or other debit, or take other appropriate actions in case of fraud or abuse.
  7. Castle does not provide legally binding arrangements and is not a substitute for a written lease.
  8. Castle bears no responsibility for the accuracy of its users’ information.
  9. Castle may terminate any account at any time, for any reason or no reason at all, including but not limited to causes involving alleged violation of this Agreement.
  10. All of Castle’s trademarks and copyrights, and content appearing through Castle, are the sole property of Castle and/or its licensors. You do not gain any ownership interest in any such materials through the use of the Services.
  11. Castle may modify, suspend, or terminate its services for any reason, without notice, at any time.
  12. Castle may refuse or suspend service to anyone for any reason, without notice, at any time.
  13. Castle may permanently delete any and all information associated the Service at any time.
  14. Castle may permanently store any and all information associated with the Service.
  15. Castle does not, by delay of action, waive any rights listed in these Terms of Service.

You

  1. You must be at least eighteen years old and must be an American citizen to use Castle.
  2. You must provide all information needed during signup. All supplied information must be up to date, true and accurate, and you must update it if any of such information changes.
  3. You must maintain an up-to-date email address in order to receive important notifications from Castle.
  4. You understand and agree that the Service may use text messages or data that may incur charges from your carrier, and that you are responsible for such charges.
  5. You may not share an account with another person.
  6. You are responsible for keeping your password and account secure.
  7. You are responsible for all action taken by or through your account.
  8. You may not use scripts, algorithms, or “bots” of any sort on Castle, or access portions of the Service not generally available to the public.
  9. You may not use Castle for any illegal purpose, to violate any laws in your jurisdiction or in Castle’s, or to infringe the rights of anyone. You may not use Castle as part of any fraudulent scheme or transaction. Castle may share any and all of your account information with law enforcement in cases of unauthorized or illegal use.
  10. You may not emotionally or psychologically harm other Castle users.
  11. You may cancel your account for any reason, at any time. You can submit a cancellation request through the app or the website.
  12. You as a landlord agree to understand and obey all relevant fair-housing and anti-discrimination laws, and other laws or regulations applicable to you as a landlord.
  13. You as a landlord agree to indemnify, defend, and hold harmless us and our affiliates, agents, officers, employees, and vendors from any claim, suit, action, or loss arising from or relating to your use of Castle or your violation of this Agreement (collectively, any “Claim”), including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.

Disclaimer

THE SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTIES OF ANY KIND. NEITHER WE NOR OUR SUPPLIERS WARRANT OR GUARANTEE UPTIME OR AVAILABILITY OF THE SERVICE, THAT THE SERVICE WILL MEET OR CONTINUE IN THE FUTURE TO MEET YOUR NEEDS, OR THAT WE WILL CONTINUE TO PROVIDE THE SERVICE OR ANY ASPECT OF THE SERVICE IN THE FUTURE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES RELATING TO THE THE SERVICES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT WE WILL NOT BE LIABLE OR RESPONSIBLE FOR LOST PROFITS, REVENUES OR DATA, FINANCIAL LOSSES, OR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND. TO THE EXTENT THAT THE FOREGOING IS NOT FULLY ENFORCED, TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU OR OTHERS FOR ANY CLAIM RELATING TO THE SERVICES OR THESE TERMS OF USE, INCLUDING ANY CLAIM FOR ANY IMPLIED WARRANTY, IS LIMITED TO THE AMOUNT YOU PAID TO US TO USE THE SERVICES OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

Disputes

You agree that any claim or dispute arising out of or relating in any way to your use of the Services or any service provided by Castle, will be resolved solely and exclusively by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. The laws of the State of Michigan shall govern this Agreement, and shall be used in any arbitration proceeding.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our address below.

Arbitration under this Agreement will be conducted by the American Arbitration Association (AAA) under its rules then in effect. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.

You and Castle agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, both you and Castle agree that parties have each waived any right to a jury trial.

Notwithstanding the foregoing, you agree that Castle may bring suit in court to enjoin infringement or other misuse of intellectual property or other proprietary rights.

To the extent arbitration does not apply, you agree that any dispute arising out of or relating to the Services, or to Castle, may only be brought by you in a state or federal court located in Detroit, Michigan. YOU HEREBY WAIVE ANY OBJECTION TO THIS VENUE AS INCONVENIENT OR INAPPROPRIATE, AND AGREE TO EXCLUSIVE JURISDICTION AND VENUE IN MICHIGAN.

General

If any part of this Agreement is held to be invalid or enforceable, the rest of the Agreement will still apply.

Castle accepts legal notices at the following address:

Castle c/o Un Incorporated
760 Virginia Park Street
Detroit, MI 48202