These Terms of Service (the “Terms”) are a legal agreement between you and Tomas Milowski(“halekura,” “we,” “us,” or “our”), the operator of the halekura property-management platform and the websites, apps, and services that link to these Terms (the “Service”). By creating an account or using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.
1. Who may use the Service
You must be at least 18 years old and able to form a binding contract to use the Service. If you use the Service on behalf of a property, association, owner, or other organization, you represent that you are authorized to bind that organization to these Terms, and “you” includes that organization.
2. Accounts and security
You are responsible for the information you provide, for keeping your login credentials confidential, and for all activity under your account. Enable two-factor authentication where offered. Notify us promptly at [email protected] if you suspect unauthorized access. We may suspend or terminate accounts that violate these Terms or that create risk for the Service or its users.
3. The Service, and what it is not
halekura is software that helps owners, residents, and property administrators organize registrations, maintenance issues, documents, and communications for a building. We are a software provider only. We are not a property manager, real-estate broker, landlord, managing agent, community association, escrow agent, or provider of legal, tax, insurance, or financial advice, and nothing in the Service is a substitute for professional advice. Decisions you make using the Service — including approvals, communications, and record-keeping — are your responsibility.
4. Your content and responsibilities
You may submit information, documents, images, and other materials to the Service (“Your Content”). You retain ownership of Your Content. You grant us a worldwide, non-exclusive license to host, store, process, transmit, and display Your Content solely to operate and improve the Service and to provide it to the people you share it with. You are responsible for Your Content and confirm that you have the rights needed to submit it and that it does not violate any law or the rights of others.
5. Acceptable use
You agree not to:
- break the law or infringe anyone’s rights when using the Service;
- upload malware, or attempt to disrupt, overload, or gain unauthorized access to the Service;
- access data about units, residents, or properties you are not authorized to access;
- use the Service to send spam, harassment, or unlawful communications;
- copy, resell, reverse-engineer, or scrape the Service except as the law expressly permits.
6. Subscriptions, fees, and billing
Some features are offered on a paid subscription, billed per property. Fees, billing cycles, trial periods, and plan tiers are shown at the point of purchase and may be updated on a going-forward basis. Payments are processed by our third-party payment processor (Stripe); by subscribing you also agree to the processor’s terms. Unless stated otherwise or required by law, fees are non-refundable, and subscriptions renew automatically until cancelled. You can cancel a subscription as described in the Service; cancellation takes effect at the end of the current billing period. We may change prices on renewal with reasonable notice.
7. Beta / pre-release
The Service is currently offered in beta. It may contain errors, may change or be discontinued, and may have features that are incomplete or unavailable. We provide the beta Service “as is” and may modify or end it at any time.
8. Third-party services
The Service relies on third parties (for example, payment processing, email delivery, and hosting) and may link to third-party sites. We are not responsible for third-party services, and your use of them is governed by their own terms and policies.
9. Intellectual property
The Service, including its software, design, and branding, is owned by Tomas Milowskiand its licensors and is protected by intellectual-property laws. Except for the rights expressly granted to you in these Terms, we reserve all rights in the Service. “halekura” and our logos are our marks and may not be used without permission.
10. Disclaimer of warranties
To the fullest extent permitted by law, the Service is provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will be uninterrupted, secure, error-free, or that data will not be lost. You are responsible for keeping your own copies of important records.
11. Limitation of liability
To the fullest extent permitted by law, Tomas Milowski and its owners, employees, and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business, arising out of or related to the Service, even if advised of the possibility. To the fullest extent permitted by law, our total liability for all claims relating to the Service will not exceed the greater of the amount you paid us for the Service in the twelve months before the event giving rise to the claim, or one hundred U.S. dollars (US$100). Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
12. Indemnification
You agree to indemnify and hold harmless Tomas Milowski and its owners, employees, and suppliers from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising out of Your Content, your use of the Service, or your breach of these Terms.
13. Suspension and termination
You may stop using the Service at any time. We may suspend or terminate your access if you breach these Terms, if required by law, or to protect the Service or its users. On termination, the rights granted to you end; sections that by their nature should survive (including ownership, disclaimers, limitation of liability, indemnification, and governing law) will survive.
14. Changes to these Terms
We may update these Terms from time to time. If we make material changes, we will take reasonable steps to notify you, such as by email or an in-app notice. Changes take effect on the date posted, and your continued use of the Service after that date means you accept the updated Terms.
15. Governing law and disputes
These Terms are governed by the laws of the State of Oregon, United States, without regard to its conflict-of-laws rules. You agree that the state and federal courts located in Oregon will have exclusive jurisdiction over any dispute that is not otherwise resolved, and you consent to venue there, except where applicable law gives you the right to bring a claim elsewhere.
16. Contact
Questions about these Terms? Contact us at [email protected].