Terms and Conditions

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and NivasaPro Inc. ("NivasaPro", "we", "us", or "our") governing your access to and use of the NivasaPro platform, website, mobile applications, APIs, and related services (collectively, the "Service") accessible at https://www.nivasapro.ai.

By creating an account, clicking "I agree", or otherwise accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not access or use the Service.

If you are using the Service on behalf of a company or other legal entity, you represent that you have authority to bind that entity to these Terms.

NivasaPro is an AI-powered property management platform designed to help landlords, property managers, and tenants manage residential and commercial properties. The Service includes, but is not limited to:

• Property and tenant management tools
• AI-assisted maintenance request intake, triage, and dispatch ("Niva")
• Lease and payment tracking
• Service provider coordination
• Communication tools including SMS, WhatsApp, and in-app messaging
• Analytics and reporting dashboards

The Service is provided on a software-as-a-service (SaaS) basis. We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time with reasonable notice.

NivasaPro employs agentic artificial intelligence systems, including the "Niva" AI assistant, that can autonomously perform tasks on your behalf such as triaging maintenance requests, matching service providers, drafting communications, and initiating workflows. By using the Service you acknowledge and agree to the following:

3.1 Nature of AI Outputs

AI-generated content, decisions, summaries, and recommendations are produced by large language models and automated reasoning systems. These outputs may contain errors, omissions, or inaccuracies. You are responsible for reviewing all AI-generated content before acting on it. NivasaPro does not guarantee that AI outputs are accurate, complete, or suitable for any particular purpose.

3.2 Autonomous Actions

The AI agents within the Service may take autonomous actions including, but not limited to, creating maintenance records, sending emails and SMS messages, and notifying third parties. By enabling these features you expressly authorise NivasaPro to perform these actions on your behalf. You remain solely responsible for reviewing and approving consequential actions (such as vendor dispatch) where approval workflows are provided.

3.3 Human Oversight

You are responsible for maintaining appropriate human oversight of all agentic AI functions. NivasaPro provides approval workflows and audit logs for this purpose. You must not use the Service in situations where AI errors could result in personal injury, property damage, or other serious harm without implementing adequate human review processes.

3.4 Third-Party AI Providers

AI capabilities within the Service are powered in part by third-party providers including Google (Gemini) and Anthropic (Claude). Your use of AI features is also subject to the applicable terms and policies of those providers. We do not share your personally identifiable information with AI providers beyond what is necessary to deliver the Service.

3.5 No Professional Advice

AI-generated content does not constitute legal, financial, medical, building, safety, or any other professional advice. You should seek qualified professional advice for all decisions of consequence.

To access the Service you must create an account by providing accurate, current, and complete information. You agree to:

• Provide truthful registration information and keep it up to date
• Maintain the confidentiality of your password and not share your credentials with any third party
• Notify us immediately of any unauthorised access to your account
• Accept responsibility for all activities that occur under your account

We reserve the right to suspend or terminate accounts that provide false information, violate these Terms, or are inactive for extended periods.

Tenant accounts may be created by invitation from a registered landlord. By accepting an invitation you confirm that you are the named tenant at the property indicated.

You agree not to use the Service to:

• Violate any applicable local, state, national, or international law or regulation
• Harass, abuse, threaten, or harm any person
• Upload or transmit viruses, malware, or other malicious code
• Attempt to gain unauthorised access to any part of the Service or its infrastructure
• Reverse-engineer, decompile, or disassemble any part of the Service
• Scrape, crawl, or systematically extract data from the Service without written permission
• Impersonate any person or entity, or falsely represent your affiliation with any person or entity
• Use the AI features to generate spam, misinformation, discriminatory content, or content that violates fair housing laws
• Resell, sublicense, or provide the Service to third parties without our written consent

We reserve the right to investigate and take appropriate action, including suspension or termination of your account and reporting to law enforcement, for any violation of these provisions.

6.1 Your Data

You retain ownership of all data, content, and information you upload or transmit through the Service ("User Data"). By using the Service you grant NivasaPro a limited, non-exclusive, worldwide licence to store, process, and transmit your User Data solely as necessary to provide and improve the Service.

6.2 AI Training

We do not use your User Data to train AI models without your explicit opt-in consent. Aggregated, anonymised, and de-identified data may be used to improve the Service.

6.3 Communications Data

SMS and messaging content processed through the Service (including conversations with Niva) is stored to maintain conversation history and generate case records. Tenant phone numbers are used solely for service-related communications and are not shared with third-party marketers.

6.4 Security

We implement industry-standard technical and organisational measures to protect your data. However, no method of transmission over the internet is 100% secure. You are responsible for maintaining the security of your account credentials.

Our full Privacy Policy, which is incorporated into these Terms by reference, is available at https://www.nivasapro.ai/privacy.

The Service, including all software, designs, text, graphics, AI models, and other content created by NivasaPro, is owned by or licensed to NivasaPro Inc. and is protected by copyright, trademark, and other intellectual property laws.

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service for your internal business or personal property management purposes.

You may not copy, modify, distribute, sell, or lease any part of the Service, nor may you reverse-engineer or attempt to extract the source code of the Service.

Certain features of the Service require a paid subscription. By subscribing you agree to pay all applicable fees as described on our pricing page. All fees are:

• Quoted and charged in United States Dollars (USD) unless stated otherwise
• Billed in advance on the applicable billing cycle (monthly or annual)
• Non-refundable except as required by applicable law or as stated in our Refund Policy

We may change subscription fees with at least 30 days' notice. Continued use of the Service after a fee change constitutes your acceptance of the new fees. You may cancel your subscription at any time; cancellation takes effect at the end of the current billing period.

During the current pilot / proof-of-concept phase the Service may be provided free of charge. We will notify pilot users before any transition to a paid tier.

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, NON-INFRINGEMENT, OR THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

We do not warrant that: (a) the Service will meet your specific requirements; (b) any errors or defects in the Service will be corrected; (c) AI-generated outputs will be accurate or complete; or (d) information transmitted through the Service will be secure.

Some jurisdictions do not allow the exclusion of certain warranties. In such jurisdictions, the above exclusions apply to the fullest extent permitted by law.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NIVASAPRO INC., ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:

• Your use of or inability to use the Service
• Any AI-generated decision, recommendation, or action taken by the agentic AI
• Unauthorised access to or alteration of your data
• Any third-party conduct or content on the Service
• Any bugs, viruses, or other harmful code transmitted through the Service

OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100).

You agree to indemnify, defend, and hold harmless NivasaPro Inc., its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (a) your violation of these Terms; (b) your User Data; (c) your use of the Service in a manner not authorised by these Terms; or (d) your violation of any third-party rights.

Either party may terminate this agreement at any time. You may close your account by contacting us at legal@nivasapro.ai. We may suspend or terminate your access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms.

Upon termination: (a) your licence to use the Service immediately ceases; (b) you must cease all use of the Service; and (c) we may delete your User Data after a reasonable retention period, subject to our legal obligations. Sections relating to disclaimers, limitation of liability, indemnification, and governing law survive termination.

These Terms are governed by and construed in accordance with the laws of the State of Ohio, United States, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located in Franklin County, Ohio for resolution of any disputes.

Before filing any legal action, you agree to attempt to resolve any dispute informally by contacting us at legal@nivasapro.ai. We will attempt in good faith to resolve the dispute within 30 days of receiving notice.

We reserve the right to modify these Terms at any time. If we make material changes we will notify you by email and/or by posting a prominent notice on the Service at least 14 days before the changes take effect. Your continued use of the Service after the effective date of revised Terms constitutes your acceptance of the changes.

We encourage you to review these Terms periodically. The "Last updated" date at the top of this page indicates when the Terms were most recently revised.

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