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RealPage® Smart Building End User License Agreement

Updated: August 30, 2022

This End User License Agreement (“EULA”) states the basic terms and conditions that govern your access to and use of the products, software, services, applications and web portals (collectively, the “Services”) provided by Stratis IoT, Inc. d/b/a RealPage Smart Building (f/k/a RealPage CommunityConnect, Inc.) (“RealPage”). Please carefully read this EULA before accessing, downloading or using the Services. By accessing, downloading or using any of the Services you expressly acknowledge and agree to the following terms and conditions.

Please be advised that this EULA contains provisions, including a Dispute Resolution Agreement (see Section 22 below, titled “Dispute Resolution Agreement—Arbitration and Class Action Waiver”), that govern 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. Modification of the EULA. RealPage may modify this EULA at any time without notice to you. The date provided at the top of this page indicates the most recent update to this EULA. We recommend that you review this EULA periodically for any changes. If we materially modify this EULA, we will make reasonable efforts to notify you of the change (through a pop‐up or similar notification). Regardless of notification, your continued access to or use of the Services will constitute your acceptance of the revised legally‐binding EULA.

  2. Using the Services. You understand and acknowledge that the 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 our Services, such as our mobile applications and web portal (collectively, the “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 terms of this EULA on your behalf; and (ii) provide (and subsequently maintain) accurate and up‐ to‐date requested information. Subject to the restrictions in this EULA, you grant us the right to use this information you provide for the purpose of delivering our Services.

    You are solely responsible for (i) keeping secure your account information, and any passwords and door codes that you use or are given access to pursuant to the Services, and (ii) the actions of anyone who uses your account—even if not authorized by you. If you suspect that someone has accessed your account without your consent, or that any password or door code has been compromised, then you must immediately notify RealPage and your property’s management and change the compromised account login, password or door code. RealPage is not responsible for any damages arising from your failure to timely comply with these requirements.

  3. Limited License. Subject to your ongoing compliance with this EULA and all applicable laws, rules and regulations, RealPage grants you a limited, revocable, non‐exclusive, non‐sublicensable, non‐transferable, non‐assignable license to (i) access and use the Services made available to you; and (ii) install and use the executable form of the Apps solely for your personal use on a device owned or controlled by you. RealPage reserves all rights in and to the Services not expressly granted to you in this EULA. For clarity, you may not (without limitation):

    • Damage, disable, overburden, or impair the Services (or any server or networks connected to the Services);
    • Transfer, sublicense, lease, lend, rent or otherwise distribute the Services to any third party;
    • Archive, copy, modify, disassemble, decompile, manipulate or reverse engineer any portion of the Services;
    • Use the Services in a way that violates any law, statute, ordinance or regulation;
    • Use the Services in association with any defamatory, illegal, libelous, infringing, obscene, pornographic, sexual, violent, exploitative, harassing, invasive of privacy or publicity rights, threatening, deceptive, fraudulent, indecent or otherwise objectionable materials;
    • Remove or alter any trademark, logo, copyright, watermark, metadata or other proprietary notices in or on the Services;
    • Represent that you own any portion of the Services; or
    • Make use of the Services other than as intended and expressly permitted under this EULA, or in a manner that is competitive with RealPage or its affiliates.

  4. Phone Settings and Uninstall Procedures. To install the Apps, you may be required to change some of your mobile device settings. By installing the Apps, you consent to such changes which may include, without limitation, the following:

    • Permitting software updates to the Apps when a new version is released;
    • Receiving notifications from the Apps; and
    • Allowing RealPage access to location‐based information about you.

      • To uninstall the Apps, you may use the standard uninstall procedures offered by your device’s operating system.

  5. Intellectual Property. The Services (including without limitation the software, content, visual interfaces, interactive features, information, graphics, design, compilation, computer code) were created, compiled, prepared, selected, developed and arranged by RealPage through the expenditure of substantial time, effort and resources. The Services are the property of RealPage, our affiliates and our and their licensors, and are protected by (as applicable) copyright, trademark, patent, trade secret, trade dress, moral rights and other intellectual property laws and treaties. You have no ownership interest (in whole or in part) in the Services and no proprietary interest or right of title is transferred to you under this EULA or by your access to or use of the Services whether by implication, estoppel, or otherwise. RealPage, our logo, and any other product or service name or slogan contained in the Services constitute trademarks of RealPage and our suppliers or licensors and may not be used without our prior written permission or the written permission of the applicable trademark owner. All other trademarks, product names and company names or logos used in conjunction with the Services are the property of their respective owners. Our reference to their products, services, processes or other information, by trade name, trademark or otherwise does not constitute or imply any endorsement, sponsorship or recommendation by us unless we specifically state otherwise.

  6. Open Source Software. Any open source software that accompanies the Services is provided to you under the terms of the applicable open source license agreement or copyright notice accompanying such open source software or in the open source licenses file accompanying the software. This EULA does not govern, and RealPage disclaims any liability associated with, any such open source software.

  7. User Content. If you upload or post to the Services any content (such as information, data, images, video, audio or text) (collectively, “User Content”), you represent and warrant that (i) you own all right, title and interest in and to the User Content, or possess sufficient rights to grant the licenses set forth herein; (ii) RealPage will not need to obtain licenses or other legal permission from, or pay any royalties or other compensation to, any third party with respect to the User Content; (iii) the User Content does not infringe any third party’s rights, including intellectual property and privacy rights; (iv) the User Content is accurate and not misleading; and (v) the User Content complies with this EULA and all applicable laws.

    By uploading or posting User Content to the Services you grant RealPage and its affiliated entities a worldwide, non‐exclusive, perpetual, irrevocable, royalty‐free right to use, reproduce, modify, adapt, tag, publish, translate, create derivative works from, distribute, perform and display such User Content for (i) the support, provision, operation, maintenance and enhancement of the Services and (ii) any other purposes expressly authorized by you.

  8. WARRANTY DISCLAIMER. YOU HAVE CHOSEN TO LIVE IN OR VISIT A COMMUNITY THAT MAKES THE SERVICES AVAILABLE TO ITS RESIDENTS AND CERTAIN GUESTS. YOU HAVE FURTHER CHOSEN TO ACCESS AND USE THE SERVICES FOR PURPOSES OF CONVENIENCE AND NOT AS A REQUIREMENT TO PERFORM ANY OF THE FUNCTIONS AT THE COMMUNITY, WHICH YOU ACKNOWLEDGE AND AGREE CAN BE PERFORMED MANUALLY WITHOUT USING THE SERVICES. BECAUSE OF THIS, YOUR ACCESS TO AND USE OF THE SERVICES IS YOUR OWN CHOICE AND SOLELY AT YOUR OWN RISK. EXCEPT AS EXPRESSLY STATED IN THIS EULA, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS “WITH ALL FAULTS” AND WITHOUT ANY PROMISES OR WARRANTIES (EXPRESS OR IMPLIED). TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REALPAGE DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE (EVEN IF THAT PURPOSE IS KNOWN TO US), MERCHANTABILITY, ERROR‐FREE NATURE, TITLE, QUALITY, NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. REALPAGE EXPRESSLY DISCLAIMS ANY WARRANTIES OF ANY KIND WITH RESPECT TO THE ACCURACY, VALIDITY, OR COMPLETENESS OF ANY INFORMATION, SERVICES OR FEATURES AVAILABLE THROUGH THE SERVICES, OR THE QUALITY OR CONSISTENCY OF THE SERVICES. THIS WARRANTY DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.

  9. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES WILL REALPAGE, OUR AFFILIATES, THE OWNER OF THE PROPERTY, ITS PROPERTY MANAGER, THEIR AFFILIATES, OR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUES OR BUSINESS REPUTATION, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER AT LAW OR IN EQUITY, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF THE SERVICES, EVEN IF REALPAGE IS AWARE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. IN NO EVENT WILL THE AGGREGATE LIABILITY OF REALPAGE, OUR AFFILIATES, THE OWNER OF THE PROPERTY, ITS PROPERTY MANAGER, THEIR AFFILIATES, OR OUR OR THEIR RESPECTIVE LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, AND WHETHER AT LAW OR IN EQUITY, ARISING OUT OF OR IN ANY WAY CONNECTED YOUR ACCESS TO OR USE OF THE SERVICES, EXCEED YOUR ACTUAL, PROVABLE DIRECT DAMAGES, CAPPED AT THE GREATER OF (A) THE AMOUNT YOU PAID TO HAVE ACCESS TO THE SERVICES DURING THE 12 MONTHS PRECEDING THE DATE ON WHICH SUCH CLAIM AROSE; OR (B) $1,000.

    Some U.S. states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore some or all of the limitations in this EULA may not apply to you to the extent they are prohibited or superseded by such state or foreign provisions. The foregoing limitations of liability will apply even if the limited remedies herein fail of their essential purpose.

  10. Term and Termination. This EULA commences upon your access to the Services (which includes, without limitation, downloading any App) and will remain in effect until terminated. This EULA, and your rights and licenses hereunder, will terminate immediately upon your breach of the EULA. You may terminate this EULA by uninstalling the App, terminating your Account, and discontinuing your access to and use of the Services. RealPage may terminate support of the Services, or limit or terminate your access to the Services, at any time for any reason.

  11. Indemnification. You agree to indemnify and hold harmless RealPage, our affiliates, the owner of the property, its property manager, their affiliates, and any of our or their respective directors, officers, employees, and agents from and against any and all claims and liabilities (including reasonable attorneys’ fees) that may arise from (i) your access to or use of the Services in a manner that is not reasonably contemplated under this EULA; (ii) your failure to comply with any of the terms or conditions of this EULA; or (iii) your failure to comply with local, state, federal or international laws applicable to your access to or use of the Services. RealPage reserves the right to assume the exclusive defense and control of any such matter, and you agree to cooperate with any reasonable requests for assistance with such defense.

  12. Privacy Policy. You consent to the collection, use, sharing and transfer of your personally identifiable information, including the transfer and processing of your information outside your home country, as outlined in the RealPage Privacy Policy.

  13. Jurisdiction and Law. You agree that any claim, action, or proceeding relating to the Services and/or arising under this EULA (i) will be governed by and construed in accordance with the laws of the State of Texas applicable to contracts to be wholly performed therein, and (ii) must be brought in a state or federal court located in Dallas County, Texas. You agree to submit to the personal jurisdiction of such courts.

  14. Notices. Any notice to RealPage under this EULA must be in writing and delivered in person, by nationally recognized express courier or by certified mail to: Stratis IoT, Inc. d/b/a RealPage Smart Building, 2201 Lakeside Blvd., Richardson, TX 75082, ATTN: Legal Department. Such notice will be deemed given on the same day if delivered in person, or on the next business day if delivered by any other expressly permitted method.

  15. Severability. If any provision of this EULA is held by a court of competent jurisdiction to be invalid, illegal or unenforceable, that provision will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of the EULA will continue in full force and effect.

  16. Waiver. The only way a party may waive any of its rights under this EULA is through a specific written waiver by its authorized representative. No waiver of one provision shall be interpreted as a waiver of any other provision of this EULA.

  17. Survival. The provisions of this EULA relating to (i) any license restrictions; (ii) warranty disclaimer, (iii) limitation of liability, (iii) indemnification, (iv) ownership of intellectual property, (v) entire agreement and (vi) any other provision which by its nature is intended to survive, will survive the termination or expiration of this EULA.

  18. Assignment. You may not assign or delegate to any third party any of your respective rights or obligations under this EULA.

  19. Force Majeure. Neither party will be responsible for failure or delay of performance if caused by an act of God; act of war, hostility or sabotage; pandemic or epidemic; electrical, internet or telecommunications outage that is not caused by the obligated party; government restrictions; or other event outside the reasonable control of the obligated party.

  20. Third‐Party Beneficiaries. You acknowledge and agree that the owner of the property where you access and use the Services, and such owner’s property manager, their respective affiliates, and their licensors, directors, officers, employees and agents are intended third‐party beneficiaries of this EULA relating to any exculpatory clauses, dispute resolution commitments (including arbitration and class action waiver), indemnities, or limitations of liability that benefit RealPage.

  21. Entire Agreement. This EULA incorporates the entire understanding of the parties concerning the subject matter contained herein. No party is relying on any warranties, representations, promises or inducements not expressly stated in this EULA. Notwithstanding the foregoing, you acknowledge that third party terms and fees may apply to the use and operation of your mobile device in connection with your use of the App, such as your carrier’s terms of service, and fees for phone service, data access, or messaging capabilities, and that you are solely responsible for complying with such terms and payment of any and all such fees.

  22. Dispute Resolution Agreement—Arbitration and Class Action Waiver. In consideration for the mutual promises to arbitrate Claims (defined below), for your access to and use of the Services provided by RealPage, and for other valuable consideration, you agree to the specific provisions set forth in this section (the “Dispute Resolution Agreement”). In doing so, you acknowledge that this is a legally binding agreement between you and RealPage, as defined below:

    1. As the term is used in this Dispute Resolution Agreement, “RealPage” refers to Stratis IoT, Inc. and its parents, subsidiaries, affiliates, employees, agents, officers, directors, shareholders, predecessors, successors and assigns.

    2. As the term is used in this Dispute Resolution Agreement, “Claim(s)” refer to all claims and controversies, whether based on past, present, or future events, between you and RealPage arising out of, or pertaining in any way to the Services (including, without limitation, your access to and use of the Services). The Claims include, without limitation:

      1. Those that, in the absence of this Dispute Resolution Agreement, would have been heard in a court of competent jurisdiction under applicable state or federal law;

      2. Claims under any legal or equitable theory of liability, including claims for breach of any contract or covenant, whether express or implied, common law claims, tort claims, statutory claims, defamation claims, and state and federal statutory claims under any provision of law regulating the Internet and access to and use of smart device technology; and

      3. Disputes relating to the formation, interpretation, applicability, scope or enforceability of this EULA.

    3. AGREEMENT TO ARBITRATE CLAIMS: YOU AND REALPAGE AGREE THAT ANY AND ALL CLAIMS SHALL BE RESOLVED EXCLUSIVELY IN BINDING ARBITRATION RATHER THAN LITIGATION IN COURT. YOU AND REALPAGE FURTHER AGREE THAT ANY SUCH CLAIMS RELATING TO THE FORMATION, INTERPRETATION, APPLICABILITY, SCOPE, OR ENFORCEABILITY OF THIS EULA SHALL BE DECIDED BY THE ARBITRATOR, NOT A COURT. THE ARBITRATOR, AND NOT ANY FEDERAL, STATE OR LOCAL COURT OR AGENCY, SHALL HAVE EXCLUSIVE AUTHORITY TO RESOLVE ANY CLAIM RELATING TO THE FORMATION, INTERPRETATION, APPLICABILITY, SCOPE, OR ENFORCEABILITY OF THIS EULA, INCLUDING CLAIMS THAT THE EULA IS VOID OR VOIDABLE.

    4. CLASS ACTION WAIVER: YOU AND REALPAGE EXPRESSLY AGREE THAT ALL ARBITRATIONS PURSUANT TO THIS EULA WILL BE LIMITED TO INDIVIDUAL, NOT REPRESENTATIVE CLAIMS. YOU AND REALPAGE EXPRESSLY WAIVE ANY ABILITY TO BRING A CLASS OR REPRESENTATIVE ACTION PERTAINING TO A CLAIM IN ARBITRATION OR TO SEEK RELIEF ON BEHALF OF A CLASS IN ARBITRATION. YOU AND REALPAGE ALSO EXPRESSLY WAIVE ANY RIGHT TO BRING A CLASS OR REPRESENTATIVE ACTION IN COURT OR TO PARTICIPATE OR OBTAIN BENEFITS IN A CLASS OR REPRESENTATIVE ACTION SOMEONE ELSE BRINGS IN COURT. You and RealPage acknowledge that this class action waiver is integral to this Dispute Resolution Agreement. If a court or arbitrator determines that this class action waiver is invalid or unenforceable, you and RealPage agree that the Dispute Resolution Agreement will not apply, and any Claim shall be resolved in court. That is, you and RealPage agree that this class action waiver cannot be severed from this Dispute Resolution Agreement. Both parties’ express intention is not to proceed with any Claim by way of class arbitration.

    5. JURY AND COURT WAIVER: BY AGREEING TO ARBITRATION, YOU AND REALPAGE ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS.

    6. Applicable Law: You and RealPage agree that, notwithstanding any other choice of law provision, this Dispute Resolution Agreement is governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq.

    7. OPT‐OUT: IF YOU DO NOT WANT THIS DISPUTE RESOLUTION AGREEMENT TO APPLY, YOU MAY OPT‐OUT OF IT BY SENDING TO REALPAGE, ATTN: CHIEF LEGAL OFFICER, AN OPT‐OUT NOTICE E‐MAIL TITLED “SMART BUILDING – EULA – ARBITRATION OPT‐ OUT” TO ARBITRATIONOPTOUT@REALPAGE.COM WITHIN FOURTEEN (14) DAYS AFTER THE EARLIER OF (I) YOUR FIRST USE OF THE SERVICES; OR (II) YOUR FIRST DOWNLOAD OF THE APP. THIS E‐MAIL OPT‐OUT NOTICE MUST INCLUDE: (A) YOUR NAME AND ADDRESS; (B) THE NAME OF THE PROPERTY AT ISSUE; (C) THE DATE YOU FIRST USED THE SERVICES OR DOWNLOADED THE APP; AND (D) A STATEMENT THAT YOU ARE OPTING OUT OF THE DISPUTE RESOLUTION AGREEMENT.

    8. Procedure for Initiating Arbitration: You and RealPage agree that JAMS shall conduct any arbitration initiated pursuant to this Dispute Resolution Agreement. To initiate arbitration, you may contact JAMS at 1‐800‐352‐JAMS or www.jamsadr.com. A demand for arbitration form can also be found at https://www.jamsadr.com/submit. If you file an arbitration claim against RealPage, you are responsible for paying $250 of JAMS’ fees. RealPage agrees to pay the remainder of JAMS’ fees, if any, on your behalf. Arbitration shall be held in the state where the property at issue is located.

    9. Small Claims: Notwithstanding the provisions above, this Dispute Resolution Agreement does not preclude you or RealPage from seeking remedies in any applicable small claims court, provided the remedies sought are within the scope of the applicable small claims court’s jurisdiction.

    10. Arbitration Rules: You and RealPage agree that the arbitration will be administered pursuant to the JAMS Comprehensive Arbitration Rules and Procedures, as well as the JAMS Policy on Consumer Arbitrations Pursuant to Pre‐Dispute Clauses Minimum Standards of Procedural Fairness, in effect at the time of the arbitration. The arbitrator will decide the substance of all claims in accordance with applicable law and will honor all proper claims of privilege recognized by law. The arbitrator will not have the power to award damages or relief not authorized by law.

  23. Notice Regarding Apple®. if you are using the App on an iOS product, you acknowledge and agree to the following: This EULA is between you and RealPage only, not with Apple, and Apple is not responsible for the App and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, then you may notify Apple and Apple will refund the purchase price for the relevant App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that your possession and use of the App infringes that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the App. Apple, and Apple’s subsidiaries, are third party beneficiaries of this EULA, and upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary of this EULA. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. If RealPage provides a translation of the English language version of this EULA, the translation is provided solely for convenience, and the English version shall prevail.