- “Deposify”, “we”, “our” or similar, we mean Deposify Inc.
- “you”, we mean:
- in the case of the website, any person who accesses or uses our website; and
- in the case of a particular app, the person whose Appstore account was used to install the particular app, whether you are an actual or prospective tenant, landlord, leasing agent or any other person;
- our “website”, we mean www.deposify.com and the Deposify Services available through the website;
- our “apps”, we mean any of the mobile applications that Deposify may make available on any mobile operating system and through any app store provider (“Appstore”), and the Deposify Services available through our apps; and
- “Deposify Content” means the audio, video, text, images, graphics, animations or other content made available by us through the Deposify Services.
- You may:
- create a Deposify account and access and use our escrow services, provided you comply with, and agree to, our Escrow Terms.
- The Deposify Services are not directed to persons under thirteen (13) years of age.
3. Installing an app
- You can install and use an app (including updates to it) for the purposes for which it is made available by Deposify using compatible Appstore authorized devices (“Devices”) only. It is possible that, depending on your Device, some features of an app may not work on it. For instance, in some cases Deposify may make an app available for only one particular type of mobile operating system (for example, an app may be developed for iOS Devices only or only Android Devices).
- To install an app you must have an appropriate Appstore account. Access to an app is linked to that Appstore account.
- You must comply with the requirements set out in your agreement with the Appstore relating to your Appstore account.
- You are responsible for installing updates to any app that you have installed. If you don’t do so, this may impact on your ability to use the particular app.
- We don’t have the means to check the identities of people using our apps and will not be liable where your Appstore account is used by someone else. You agree to notify Deposify immediately by email to firstname.lastname@example.org of any unauthorized use of your account of which you become aware or suspect.
4. Your Deposify Account
- You must use your real name when creating a Deposify account. You must keep any password connected with your Deposify account secure and confidential. If you know or suspect that anyone other than you knows your password, you must promptly notify us at email@example.com.
- You are responsible for anything that is done through your Deposify account, even if it is done by someone else. We can and do rely on your Deposify account settings, and instructions made through that account, as coming from you or being made on your behalf.
- We are not liable where your Appstore account or your Deposify account is used by someone else. You agree to notify us immediately by email to firstname.lastname@example.org if you suspect any unauthorized use has been made of your Appstore account or your Deposify account.
5. Escrow service fee
- Details of the current charges for use of our escrow services are stated in our Escrow Terms..
- We currently do not have functionality to enable payment of deposits or charges in respect of our escrow services through your Appstore account. Instead, you must pay using your credit or debit card.
- We can, at any time, change the charges by changing the charges stated in our Escrow Terms. as available on our website or app from time to time. This change will apply for any Deposit Contract (as defined in our Escrow Terms.) which you create after the date of the change, but won’t apply to any existing Deposit Contract in place.
- you must immediately delete and/or remove all apps that you have installed from all Devices.
7. Use of the Deposify Services
- You may access and use the website and install and use any app solely:
- for exploring whether you want to use our escrow services;
- for your personal use in connection with the rental or potential rental of a property if you are a tenant or prospective tenant;
- for use in connection with the leasing or potential leasing of a property if you are a landlord or prospective landlord; or
- for use in connection with a service you are providing or intend to provide to a landlord if you are a leasing agent or prospective leasing agent.
- You may access and use the website and install and use any app solely:
- We can, at any time, change the features of the website or any app, including by removing current features. We can also, at any time (i) replace, suspend or discontinue the website or any app (or any of their features) and/or (ii) cease making the website or any app (or any of their features) available for use by anyone at all or just in particular countries or territories and/or during particular times. However, this will not affect your Deposit Contract (as that term is defined in our Escrow Terms.).
8. User-Generated Content
- “Contribution” means the audio, video, text, images, pictures, graphics, animations, comments, photographs, submissions or other content uploaded, posted or made available by you or any person using your Device or your Deposify account through the Deposify Services.
- “User-Generated Content” means the audio, video, text, images, pictures, graphics, animations comments, photographs, submissions or other content uploaded, posted or made available by any third party through the Deposify Services.
- You cannot remove or edit your Contributions. You can ask us to remove your Contributions in which case we may do so where we think this can be done easily, though in other cases we may not where, for instance, we consider this to be impractical, unwieldy, inappropriate or difficult or are concerned that it may interfere with any aspect, part or feature of the Deposify Services or others’ User-Generated Content. If you want us to consider removing your Contributions, you need to clearly identify exactly what and where it is.
- You should be aware that your Contributions may be relevant to, and used, in connection with any dispute between any relationship you have with a landlord, tenant or leasing agent.
- You grant us a perpetual, non-terminable, absolute, fully paid-up, royalty-free, worldwide, transferable, sub-licensable, non-exclusive right and license to:
- use, copy, make publicly available in any way, distribute, reformat, excerpt, translate, exploit, adapt, modify, amend, make derivative works of, incorporate into other works, remove, delete or edit your Contributions (in whole or in part) for any reason or purpose whatever and in whatever manner that we may decide;
- attribute your Contributions (in whole or in part) to your Deposify account, username or real name, and you waive any “moral rights” in your Contributions; and
- all rights and remedies (including the right to sue for past, present or future infringements) arising out of or in connection with the unauthorized use by third parties of any such Contributions. This Section shall continue to have effect after your Contributions are removed from any of our Deposify Services and after your contract with us is terminated.
- If you do not want to grant us these rights with respect to your Contributions, please do not share or submit them through the Deposify Services.
- We may show your Deposify account username or real name with your Contributions. We may need to contact you for administrative or verification purposes in relation to your Contributions. We may do this using any contact details provided to us.
9. Acceptable Usage
- You are responsible for your Contributions. You are also responsible for the Contributions made through your Device or Deposify account, even if made by someone else.
- Contributions may be read by other users of the Deposify Services and we cannot guarantee that they won’t be republished elsewhere by third parties.
- Contributions must comply with applicable law in any country in which they are made available.
- You must not submit Contributions that:
- are defamatory against any person or business or impinge upon a person’s or business’ good name or reputation;
- are offensive, sexist, homophobic, obscene, hateful or inflammatory, harassing, bullying or threatening to any person;
- may be likely to bully, harass, upset, embarrass, alarm or annoy any other person or business;
- promote or contain sexually explicit material;
- are in breach of: (i) anyone’s privacy; or (ii) confidentiality;
- infringe any third party’s intellectual property rights;
- may cause anxiety or encourage racial or religious hatred or violence;
- may prejudice legal proceedings;
- promote violence or anti-social conduct;
- may be likely to deceive any person;
- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, membership of the travelling community or age;
- promote any illegal activity; or
- are used to impersonate any person, or to misrepresent your identity or affiliation with any person.
- You cannot publish other people’s private details such as addresses, contact details, credit card numbers, national identity numbers or social security numbers.
- You agree:
- not to infringe any applicable law (e.g. copyright laws) when using the Deposify Services or streaming, downloading or using Deposify Content;
- not to infringe the rights of, or restrict or inhibit the use or enjoyment of the Deposify Services by, anyone else;
- not to transmit through the Deposify Services any material that is defamatory, offensive, unlawful or otherwise objectionable including material that could cause distress or inconvenience to any person;
- not to use the Deposify Services in a malicious way or in any way that could damage, disable, overburden, impair or compromise in any manner the Deposify Services, its security or operability or our systems or security or interfere with other users;
- not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Deposify Services or Deposify Content or scrape or harvest Deposify Content from the Deposify Services;
- not to insert any code or product or manipulate the Deposify Services or Deposify Content in any way;
- not to directly or indirectly charge others for accessing or viewing Deposify Content or otherwise using the Deposify Services;
- not to commercialize or resell the Deposify Content or the Deposify Services in any way;
- not to collect or try to collect the contact, usage or other personal details of any person through the Deposify Services;
- not to disguise or conceal your location and not to attempt to make it appear that you are located at any given time in a country that you are not located in (including by using credit or debit cards for the relevant Appstore account that are not from your country of residence).
10. Indemnity to Deposify
- You must have access to the internet or other network in order to access, install and use the Deposify Services. It is your responsibility to select, obtain and pay for internet and network access (including excess charges if you exceed any data caps) and any equipment, internet access and/or services necessary for such internet access and to comply with the terms and conditions of the relevant service providers.
- You acknowledge that the quality and speed of access to the Deposify Services and Deposify Content will be impacted by the quality and bandwidth of your internet or network service. We are not responsible in any respect for the failure of such services.
- You understand that the technical processing and transmission of the Deposify Services and/or the Deposify Content may involve: (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks and/or the Devices. We generally will inform you of any material changes to the technical requirements which may impact on your ability to use the Deposify Services or access the Deposify Content in advance of implementing such changes.
12. Intellectual Property
- All copyright, trademarks, design rights, patents and other intellectual property rights (registered and unregistered) in and to the Deposify Services and Deposify Content belong to us and others who have licensed it to us. All rights in the Deposify Services and the Deposify Content are reserved.
- Our status and that of any identified contributors, as the authors of Deposify Content on our website or app must always be acknowledged.
13. Disclaimers and Limitation of Liability
- This Section 13 applies in relation to the use of the Deposify Services. However, it does not limit or affect our liability to you under any Deposit Contract between you and us created by our Escrow Terms.. Our liability under that Deposit Contract is governed by our Escrow Terms..
- WE DO NOT WARRANT THAT USE OF THE DEPOSIFY SERVICES AND/OR THE DEPOSIFY CONTENT WILL ALWAYS BE AVAILABLE OR BE UNINTERRUPTED OR ERROR FREE, TIMELY, SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE DEPOSIFY SERVICES, DEPOSIFY CONTENT OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF BUGS, VIRUSES OR OMISSIONS. YOU SHOULD USE YOUR OWN VIRUS PROTECTION SOFTWARE. THE DEPOSIFY SERVICES, AND DEPOSIFY CONTENT, ARE PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS AND WITHOUT ANY REPRESENTATIONS OR ANY KIND OF WARRANTY (WHETHER EXPRESS, IMPLIED OR STATUTORY), INCLUDING WITH RESPECT TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, CONTINUITY AND ACCURACY TO THE EXTENT PERMITTED BY APPLICABLE LAW. ALL IMPLIED TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ARE EXCLUDED TO THE EXTENT PERMITTED BY APPLICABLE LAW.
- THE DEPOSIFY CONTENT ON OUR WEBSITE AND APPS IS PROVIDED FOR GENERAL INFORMATION ONLY. IT IS NOT INTENDED TO AMOUNT TO ADVICE ON WHICH YOU SHOULD RELY. YOU MUST OBTAIN PROFESSIONAL OR SPECIALIST ADVICE BEFORE TAKING, OR REFRAINING FROM, ANY ACTION ON THE BASIS OF THE DEPOSIFY CONTENT ON OUR WEBSITE OR APPS. ALTHOUGH WE MAKE REASONABLE EFFORTS TO UPDATE THE INFORMATION ON OUR SITE, WE MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, WHETHER EXPRESS OR IMPLIED THAT THE DEPOSIFY CONTENT ON OUR SITE IS ACCURATE, COMPLETE OR UP-TO-DATE.
- WE ARE NOT LIABLE FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES.
- WE ARE NOT LIABLE TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION OR LOSS OF BUSINESS OPPORTUNITY ARISING FROM OR IN CONNECTION WITH THE USE OF THE DEPOSIFY SERVICES OR DEPOSIFY CONTENT.
- WE ARE NOT LIABLE TO YOU IF ANY OTHERS’ USER-GENERATED CONTENT INFRINGES YOUR PRIVACY, GOOD NAME OR OTHER RIGHTS, EVEN IF WE HAVE SEEN THEM OR WERE OR OUGHT TO HAVE BEEN AWARE OF THEIR POTENTIAL IMPLICATIONS FOR YOU.
- YOU ACKNOWLEDGE THAT AN APPSTORE MAY CEASE TO MARKET AND ALLOW THE DOWNLOADING OF ANY APP BY YOU AT ANY TIME AND THAT THIS IS OUTSIDE OUR CONTROL. THEREFORE, WE ARE NOT LIABLE TO YOU FOR ANY ACTION TAKEN BY ANY APPSTORE TO RESTRICT OR TERMINATE YOUR ABILITY TO DOWNLOAD OR ACCESS AN APP OR DEPOSIFY CONTENT.
- WE ARE NOT LIABLE FOR ANY LOSS OF DATA, DELETION OR DESTRUCTION OF CONTRIBUTIONS OR DAMAGE TO YOUR DEVICE OR SOFTWARE.
14. Third Party Websites and Materials
- We are not responsible for the availability or content of any third party websites or material accessed through the Deposify Services or User-Generated Content. We do not exercise any control or supervision of content of these linked websites.
- You acknowledge that you may only raise a claim against us, and not the relevant Appstore from where you downloaded an app in respect of:
- any claims relating to the relevant app, or its use or possession, including product liability claims, claims under consumer, privacy or other legislation or claims that the app fails to conform to legal or regulatory requirements; and/or
- the investigation, defense, settlement and/or discharge of any claim by a third party that your use of the app and/or access to the Deposify Content breaches that third party’s intellectual property rights.
- 4. If the app fails to comply with any applicable warranty, you may notify the relevant Appstore from where you downloaded the particular app. Apple has no warranty obligation whatsoever with respect to any app. You only have a claim against us, and not the relevant Appstore, in respect of any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty.
15. Linking to our Site
- You may link to our homepage of our website or app, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
- You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
- You must not establish a link to our website or app in any website or app that is not owned by you.
- Our website or app must not be framed on any other site, nor may you create a link to any part of our website or app other than the home page.
- We reserve the right to withdraw linking permission without notice and with immediate effect.
- If you wish to make any use of content on our site other than that set out above, please contact email@example.com
- You should be aware that Contributions are often available to the public at large and we cannot guarantee that they won’t be republished by third parties.
17. Events beyond our control
19. About Deposify
- Deposify Inc with a place of business at 745 Atlantic Avenue,Boston, MA, 2111.
- We can be contacted by email at firstname.lastname@example.org and by telephone at 617.963.0430.
20. Support and Complaints
If you have any complaints in relation to any aspect of the provision of the Deposify Services, Deposify Content, Contributions or User-Generated Content (or have any questions or wish to make a claim in respect of the foregoing), please contact us by email at email@example.com
21. Infringement Notices and Takedown
Deposify prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on this website infringes your copyright or other intellectual property rights, you should notify Deposify of your copyright infringement claim in accordance with the following procedure. Deposify will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (“DMCA”). The DMCA requires that notifications of claimed copyright infringement should be sent to this website’s Designated Agent who is:
- Name: Jon Bayle
- Title: C.E.O
- Company: Deposify
- Address: 745 Atlantic Avenue, Boston, MA 02111
- Email: firstname.lastname@example.org
- Telephone: 617.963.0430
To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. § 512(c)(3)):
- Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- 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 the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- 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
- 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.