This Mobile App End User License Agreement (the "Agreement") is a binding agreement between YOU ("End User", "Licensee", or "you") and WHIZBANG INTERACTIVE ("Company" or ‘We”, “Us”, “Our”). This Agreement governs your use of the mobile application LANDLORD’S PROPERTY MANAGER, and its associated website, including all related documentation (the "Application or "App"). The App is licensed, not sold, to you. BY DOWNLOADING, INSTALLING, AND/OR USING THE APPLICATION, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND COMPANY’S PRIVACY POLICY, WHICH CAN BE FOUND AT https://www.whizbanginteractive.com/privacy.html; REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER; AND ACCEPT THIS AGREEMENT AND PRIVACY POLICY AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, AND/OR USE THE APPLICATION.

1. INTELLECTUAL PROPERTY RIGHTS.
   Unless otherwise indicated, the Application is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Application (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided in the App “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Agreement, no part of the Application and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
   Provided that you are eligible to use the App, you are granted a limited license to access and use the Application and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the App, Content, and the Marks.


2. LICENSE GRANT. Subject to the terms of this Agreement, Company grants you a limited, non-exclusive, and nontransferable license to:
   - download, install, and use the App for your use on mobile deviceowned or otherwise controlled by you ("Mobile Device(s)") strictly in accordance with the App's documentation; and
   - access, download, and use the App on such Mobile Device, strictly in accordance with this Agreement and the Terms and Conditions and Privacy Policy applicable to the App.


3. ACCESSING AND DOWNLOADING THE APPLICATION FROM APPLE APP STORE. The following applies to any Apple App Store Sourced Application:
   1. You acknowledge and agree that the terms of this Agreement are concluded between you and Us only, and not Apple, and (ii) We, not Apple, is solely responsible for the Apple App Store Sourced Application and content thereof. Your use of the Apple App Store Sourced Application must comply with the Apple App Store Terms of Service.
   2. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple App Store Sourced Application.
   3. In the event of any failure of the Apple App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple App Store Sourced Application to you and to the maximum extent permitted by applicable policy, Apple will have no other warranty obligation whatsoever with respect to the Apple App Store Sourced Application. As between Us and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
   4. You and We acknowledge that, as between Us and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the Apple App Store Sourced Application or your possession and use of the Apple App Store Sourced Application, including, but not limited to: product liability claims; (ii) any claim that the Apple App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
   5. You and We acknowledge that, in the event of any third‐party claim that the Apple App Store Sourced Application or your possession and use of that Apple App Store Sourced Application infringes that third party’s intellectual property rights, We, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.
   6. You and We acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement as related to your license of the Apple App Store Sourced Application, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement as related to your license of the Apple App Store Sourced Application against you as a third-party beneficiary thereof.
   7. Without limiting any other terms of the Agreement, you must comply with all applicable third-party terms of agreement when using the Apple App Store Sourced Application.


4. TERMS OF ACCESS.
   1. We will use our reasonable endeavors to make the App available to You at all times, but we cannot guarantee an uninterrupted or fault free service.
   2. We reserve the right to make changes to the App or part thereof from time to time including without limitation, the removal, modification and/or variation of any elements, features, and functionalities of the App.
   3. You acknowledge You will not be able to access and Use certain functionalities of the App unless You have internet access through a cellular or Wi-Fi connected mobile device. All traffic charges or access charges incurred due to the Use of the App are subject to Your agreed terms with your network provider.
   4. Without prejudice to our other rights and remedies, We reserve the right to temporarily or permanently suspend or disable your access to the App at any time without notice to You in the event you breach any of the provisions herein.
   5. In the event that We, in Our sole discretion, considers that you are making any illegal and/or unauthorized use of the App, and/or your use of the App is in breach of these Terms, we reserve the right to take any action that it deems necessary, including terminating without notice your use of the App and, in the case of illegal use, instigating legal proceedings.
   6. We reserve the right to make any changes to the App or to discontinue any aspect or feature of the App without notice to You.
   7. We reserve the right, but not the obligation, to: monitor the App for violations of these Terms of Use; take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; in our sole discretion and without limitation, notice, or liability, to remove from the Application or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and otherwise manage the Application in a manner designed to protect our rights and property and to facilitate the proper functioning of the Application.


5. LICENSE RESTRICTIONS. Licensee shall not:
   1. copy the App;
   2. duplicate, transfer, give access to, copy or distribute any part of the App in any medium;
   3. modify, translate, adapt, or otherwise create derivative works or improvements, whether patentable or not, of the App;
   4. reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the App or any part thereof;
   5. remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the App, including any copy thereof;
   6. rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the App, or any features or functionality of the App, to any third party for any reason;
   7. remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the App.


6. PROHIBITED ACTIVITIES. You may not access or use the App for any purpose other than that for which we make the App available. As a user of the Application, you agree not to:
   1. Systematically retrieve data or other content from the Application to create or compile, directly or indirectly, its database and directory structure without written permission from us.
   2. Make any unauthorized use of the Application, including collecting data of other users by electronic or other means for any purpose, or creating user accounts by automated means or under false pretenses.
   3. Use a buying agent or purchasing agent to make purchases in the Application.
   4. Use the Application to advertise or offer to sell goods and services.
   5. Circumvent, disable, or otherwise interfere with security-related features of the Application, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Application and/or the Content contained therein.
   6. Engage in unauthorized framing, linking into the App, or embedding it into another App or Product.
   7. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user data or passwords;
   8. Make improper use of our support services or submit false reports of defects, abuse, or misconduct.
   9. Engage in any automated use of the system, such as using scripts to extract data.
   10. Interfere with, disrupt, or create an undue burden on the Application or the networks or services connected to the Application.
   11. Attempt to impersonate another user, person, or entity.
   12. Use any information obtained from the Application in order to harass, abuse, or harm another person.
   13. Use the Application as part of any effort to compete with us.
   14. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Application.
   15. Attempt to bypass any measures of the Application designed to prevent or restrict access to the Application, or any portion of the Application.
   16. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Application to you.
   17. Delete the copyright or other proprietary rights notice from any Content.
   18. Copy or adapt the Application’s software.
   19. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Application.
   20. Use the Application in a manner inconsistent with any applicable laws or regulations.


7. RESERVATION OF RIGHTS. You acknowledge and agree that the App is provided under license, and not sold, to you. You do not acquire any ownership interest in the App under this Agreement, or any other rights thereto other than to use the App in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Company reserves and shall retain its entire right, title, and interest in and to the App, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.


8. COLLECTION AND USE OF YOUR INFORMATION. You acknowledge that when you download, install, or use the App, Company may use automatic means to collect information about your Mobile Device and about your use of the App. We do not ask for any personal information about you, and only collect information about your Properties and Tenants in optional fields, meaning you can enter as much or as little information as you are comfortable with. The information is only stored within the app to make its features more useful to you. All information we collect through or in connection with this App is subject to our Privacy Policy located within the App. By downloading, installing, using, and providing information to or through this App, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.


9. SUBSCRIPTION. The App is available on a subscription basis. Subscriptions may be weekly, monthly, tri-monthly, semi-annual, annual, or seasonal. Payments for such subscriptions would be charged at Your account at the confirmation of the purchase. They may be processed by third parties acting on Our behalf, or by the Mobile Platform owner. Subscription will automatically renew for the same price and duration period as the original subscription package chosen by You, unless You turn off the auto-renew at least 24-hours before the end of the current subscription period, Your account will be charged for renewal within 24-hours prior to the end of the current subscription period at the cost of the chosen subscription package. You may manage subscriptions and turn off auto-renewal by going to the user’s account settings after the purchase. You can cancel the subscription at any time and the cancellation will take effect after the end of the last day of that subscription period. Certain of Our subscription services may be offered on a free basis, with certain limitations.


10. CLAIMS OF COPYRIGHT INFRINGEMENT. If you believe that your work has been copied and is accessible in a way that constitutes copyright infringement, please contact us to report possible copyright infringement and include the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C.¶ 512:
    1. A physical of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    2. Identification of the copyrighted work claimed to have been infringed, or a representative list of such works;
    3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
    4. Information reasonably sufficient to permit us to contact the complaining party;
    5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
    6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
    Please contact us by mail at:
    Whizbang Interactive
    4О97 Golfridge Drive East
    Bloomfield Hills, MI 48302


11. GEOGRAPHIC RESTRICTIONS. The Content and Services are based in the United States. You acknowledge that you may not be able to access all or some of the Content and Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Content and Services from outside the United States, you are responsible for compliance with local laws. We do not have any physical presence outside the United States, do not have any commercial offerings outside the United States, and You agree We have no commercial relationship with You if You are located outside the United States.


12. GEOGRAPHIC RESTRICTIONS. It's expressly against these Terms of Use to download, use, or subscribe to this App from the country of France.


13. UPDATES. Company may from time to time in its sole discretion develop and provide App updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:

    - the App will automatically download and install all available Updates; or

    - you may receive notice of or be prompted to download and install available Updates.

    You shall promptly download and install all Updates and acknowledge and agree that the App or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the App and be subject to all terms and conditions of this Agreement.


14. THIRD-PARTY MATERIALS AND SERVICES. The App may display, include, or make available third-party content (including data, information, applications, and other products, map services, and/or materials) or provide links to third-party websites or services, including through third-party advertising ("Third-Party Materials"). You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions. Links to third party websites and companies may appear on the App. We accept no responsibility for the availability, suitability, reliability or content of such third party websites and does not necessarily endorse the views expressed within them.


15. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES. Using the App, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, or via App, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE APP. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.


16. TERMINATION. The term of Agreement commences when you download/install the App and will continue in effect until terminated by you or Company.

    - You may terminate this Agreement by deleting the App and all copies thereof from your Mobile Device.

    -Company may terminate this Agreement at any time without notice if it ceases to support the App, which Company may do in its sole discretion; if the Company discovers you are under the age of 18; if you fail to abide by these Terms and Conditions; or if you violate any of the terms and conditions of this Agreement.

    Upon termination: all rights granted to you under this Agreement will also terminate; you must cease all use of the App and delete all copies of the App from your Mobile Device and accounts. Termination will not limit any Our rights or remedies at law or in equity.


17. DISCLAIMER OF WARRANTIES. THE APPLICATION IS PROVIDED TO YOU "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

    TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY EXCLUDE ALL REPRESENTATIONS, WARRANTIES, OBLIGATIONS, AND LIABILITIES IN CONNECTION WITH THE APP, AND THE INFORMATION PROVIDED THEREIN.

    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.



18. DISCLAIMER OF RESPONSIBILITY FOR TAX AND ACCOUNTING INFORMATION. This App outputs certain tax and financial information, in the form of reports and export files. By using the reports or importing the tax files, you acknowledge that:
    1. This App does not provide tax advice;
    2. This App does not check or verify data and only creates reports based on Your data entry;
    3. This App classifies expenses into tax categories as a convenience only; consult your tax professional for final categorization;
    4. This App only exports income and expense types of data for tax purposes. It considers some expenditures to be amortizable rather than expensed and will not include them in tax exports. Consult your tax professional for final categorization;
    5. The Disclaimer of Warranties above as it concerns to reports and exports applies to the maximum extent permitted by law.


19. NO DATA BACKUP.THE COMPANY DOES NOT STORE OR BACKUP ANY DATA ENTERED INTO THE APP BY YOU, AND IS NOT LIABLE FOR ANY DATA LOSS OR THEFT. YOU AGREE YOU SHALL USE APPLE-PROVIDED BACKUP FUNCTIONALITY IF DATA BACKUP IS DESIRED.


20. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES, OR BY ANY FAILURE, DELAY, INTERRUPTION OR OTHERWISE OF THE PROVISION OF THE APP OR THE CONTENT, OR BY OUR FAILURE TO PERFORM ANY OF OUR OBLIGATIONS UNDER THESE TERMS FOR:
    1. PERSONAL INJURY, INJURY OR DAMAGE OF WHATEVER KIND, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OR THEFT OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, MOBILE DEVICE FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.
    2. DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION.
    THESE LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.


21. INDEMNIFICATION. You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys' fees, arising from or relating to your use or misuse of the App; (ii)your breach of this Agreement, including but not limited to the content you submit or make available through this App; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these terms of the Agreement and your use of the App.


22. EXPORT REGULATION. The App may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the App to, or make the App accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. –(We probably should say you should not export this App, since you are only an user.)


23. PERMANENT INJUNCTION RELIEF. You agree that because of the unique nature of the App and Our proprietary rights therein, a demonstrated breach of these Terms by you would irreparably harm Us and monetary damages would be inadequate compensation. Therefore, you agree that We shall be entitled to preliminary and permanent injunctive relief, as determined by any court of competent jurisdiction to enforce the provisions of these Terms.


24. SEVERABILITY. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.


25. GOVERNING LAW. This Agreement is governed by and construed in accordance with the internal laws of the State of Michigan without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the App shall be instituted exclusively in the federal courts of the United States or the courts of the State of Michigan in each case located in the City of Bloomfield Hills and County of Oakland. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.


26. ARBITRATION. Any disputes arising from these Terms and Conditions or use of the App, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Michigan law.


27. ARBITRATION. Any disputes arising from these Terms and Conditions or use of the App, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Michigan law.


28. LIMITATION OF TIME TO FILE CLAIMS. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.


29. ENTIRE AGREEMENT. This Agreement, together with both our Terms and Conditions and Privacy Policy, constitute the entire agreement between you and Company with respect to the App and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the App.


30. WAIVER. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.