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Smart Building Service-Specific Terms

December 11, 2024

These Smart Building Service-Specific Terms apply to the Smart Building Services, as defined below, and are subject to and governed by the terms and conditions of the General Terms which are incorporated herein by reference (collectively, these Smart Building Service-Specific Terms and the General Terms are the “Smart Building Terms”).  Capitalized terms used in these Service-Specific Terms have the meanings provided in the General Terms unless otherwise defined herein.

Please carefully read the Smart Building Terms before accessing or using the Smart Building Services.  The Smart Building Terms may contain links to additional governing terms and conditions that are incorporated by reference and will apply depending on your use of the Smart Building Services. By accessing or using the Smart Building Services, or otherwise demonstrating your acceptance of the Smart Building Terms, you accept and are bound by the Smart Building Terms.  If you do not agree to be bound by the Smart Building Terms, then you may not access or use the Smart Building Services.

PLEASE BE ADVISED THAT THE SMART BUILDING TERMS ARE SUBJECT TO THE DISPUTE RESOLUTION AGREEMENT (SEE SCHEDULE A AT THE END OF THE GENERAL TERMS, TITLED “DISPUTE RESOLUTION TERMS (ARBITRATION AGREEMENT; CLASS AND COLLECTIVE ACTION WAIVER; AND JURY TRIAL WAIVER)”), THAT GOVERNS HOW CLAIMS YOU AND REALPAGE HAVE AGAINST EACH OTHER ARE RESOLVED, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE THE PARTIES TO SUBMIT CLAIMS THEY MAY HAVE AGAINST ONE ANOTHER TO BINDING AND FINAL ARBITRATION. UNDER THE DISPUTE RESOLUTION AGREEMENT, THE PARTIES WILL (I) ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST EACH OTHER ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (II) BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY ON AN INDIVIDUAL BASIS.

1. DESCRIPTION

The Smart Building Services enable you and your guests, other residents and their guests, property staff, and vendors to more efficiently perform a number of tasks, including remotely controlling certain smart devices (such as certain types of locks, thermostats and lighting), submitting service requests, enabling property access for visitors, and more. Certain of the Smart Building Services, such as our mobile applications and web portal (collectively, the “Smart Building Apps”), require you to create and maintain an account. To create an account, you must (i) be at least 18 years of age or acting under the supervision of a parent or legal guardian who has agreed to be bound by the Smart Building Terms  on your behalf; and (ii) provide (and subsequently maintain) accurate and up‐to‐date requested information. Subject to the restrictions in the Smart Building Terms, you grant us the right to use this information you provide for the purpose of delivering the Smart Building Services.

2. REALPAGE PARTY

The RealPage Party that provides the Smart Building Services is Stratis IoT, Inc. d/b/a RealPage Smart Building.

3. PRIVACY POLICY

The data you provide, and we transfer, in conjunction with the Smart Building Services is governed by one or more of the following privacy policies, depending on your circumstances:

  1. Property Management Company or HOA.  If the Smart Building Services are being provided to you on behalf of your property management company or HOA, then (as applicable) your property management company’s or HOA’s privacy policy will apply.
  2. Third-Party Provider.  If you are accessing products or services made available to you by a Third-Party Provider pursuant to the Smart Building Services, then the applicable Third-Party Provider’s privacy policy will apply relating to such services.

4. ADDITIONAL WARRANTY DISCLAIMER

YOU HAVE CHOSEN TO LIVE IN A PROPERTY THAT MAKES THE SMART BUILDING SERVICES AVAILABLE TO ITS RESIDENTS.  YOU HAVE FURTHER CHOSEN TO ACCESS AND USE THE SMART BUILDING SERVICES FOR PURPOSES OF CONVENIENCE AND NOT AS A REQUIREMENT TO PERFORM ANY OF THE FUNCTIONS AT THE PROPERTY, WHICH YOU ACKNOWLEDGE AND AGREE CAN BE PERFORMED MANUALLY WITHOUT USING THE SMART BUILDING SERVICES.  BECAUSE OF THIS, YOUR ACCESS TO AND USE OF THE SMART BUILDING SERVICES IS YOUR OWN CHOICE AND SOLELY AT YOUR OWN RISK.

5. SMART BUILDING SERVICES AVAILABILITY 

You acknowledge that there may be interruptions in your access to the Smart Building Services. While we use reasonable efforts to keep the Smart Building Services accessible at your property, the Smart Building Services may be unavailable from time-to-time for any reason including system down time for routine maintenance or due to events that are beyond our control—such as interruptions in service caused by a Force Majeure event, general Internet outage, failure of your property’s infrastructure or connectivity, computer and telecommunications failures and delays, and network intrusions or denial-of-service or other criminal attacks.  RealPage is not responsible for any connectivity issues you may experience when accessing the Smart Building Services or for any delays or loss of material, data, transactions or other information caused by system outages, whether planned or unplanned.

6. SMS TEXT ALERTS AND OTHER SMART BUILDING SERVICES-RELATED NOTIFICATIONS

You understand and agree that by providing us with your mobile phone number you consent to being contacted at that number by a person, and via prerecorded voice messages and automatic telephone dial devices relating to the Smart Building Services.  You also consent to receiving Smart Building Services-related emails to any email address that you provide.  We may offer you the ability to enroll your mobile phone number in our Short Messaging Service text message service (the "SMS Service") for purposes of receiving messages from RealPage regarding information, resources, and marketing materials related to the Smart Building Services in the form of: operational alerts and reminders from your property management company, marketing communications and information for Services available for your property, and digital tools and other communication materials.

  1. Enrollment and Consent.  If SMS Service is made available to you through the Smart Building Services, by providing your mobile phone number(s) and opting in to the SMS Service:
    1. You authorize RealPage and your property management staff to send text messages to the mobile phone number(s) included in your Smart Building Services profile.
    2. You acknowledge and agree that your completion of the online registration process constitutes your written, express consent to enroll your mobile phone number(s) in the SMS Service.
    3. You confirm that you are the owner or subscriber of the mobile phone number(s) and authorized to enroll them in the SMS Service. You acknowledge the number of non-solicited text messages received from the SMS Service may vary.

      Prior to completing your enrollment in the SMS Service, we will send a confirmation text message to your designated mobile phone number(s). To complete enrollment, you must confirm receipt of the text message from your mobile device by following the instructions in that text message.

  2. Opting Out.  You may cancel your enrollment in the SMS Service at any time by:
    1. Removing your mobile phone number(s) from the SMS Service registration; or
    2. Texting "STOP" in reply to any text message received from the SMS Service.
  3. SMS Service Availability and Other Information.  The SMS Service relies upon third party wireless service provider networks to deliver text messages. RealPage is not liable for the availability (or lack thereof) of wireless network coverage or the failure of the wireless networks to deliver a text message. RealPage disclaims any responsibility for any wireless service used to access the SMS alerts. RealPage SMS alerts are available to users based in the United States. You understand and acknowledge that SMS alerts are not intended to be accessed from outside of the United States. Wireless carriers are not liable for delayed or undelivered messages. Message and data rates may apply.