Simple Asset Manager Terms of Service
We (the folks at Simple Asset Manager) are on a mission to make Commercial Real Estate teams work better together. These Terms of Service (“Terms”) describe our commitments to you, and your rights and responsibilities when using our services. Please read them carefully and reach out to us if you have any questions.
These Terms govern your access to and use of SimpleAssetManager.com. For some of Simple Asset Manager's services, such as Payments facilitated by Dwolla or Stripe, additional Terms of Service may apply and will be posted on the respective websites. Our Services are offered subject to your acceptance, without modification, of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Simple Asset Manager's Privacy Policy), and procedures that may be published from time to time by Simple Asset Manager (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and the Agreement will apply to any upgrades. Please read the Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Agreement. If you do not agree to all the terms of the Agreement, then you may not access or use our Services.
  1. Who's Who
    Throughout these Terms, “you” applies to both individuals and entities that access or use our Services. If you are an individual using our Services on behalf of an entity, you represent and warrant that you have the authority to bind that entity to the Agreement and that by using our Service(s), you are accepting the Agreement on behalf of that entity. Your Agreement is with Simple Asset Manager LLC, referred to as "we" throughout these Terms.
  2. Your Account
    Where use of our Services requires an account, you agree to provide us with complete and accurate information when you register for an account and keep the information current. This is important because sometimes we may need to send you notable updates (for example, about changes to our Terms of Service or Privacy Policy), or we may want to let you know about and make informed choices in response to legal inquiries or complaints. You will be solely responsible and liable for any activity that occurs under your account. You are responsible for keeping your account information up-to-date and for keeping your password secure. You are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under your account and any other actions taken in connection with our Services. You shall not share or misuse your access credentials. You must immediately notify us of any unauthorized uses of your account, store, or website, or of any other breach of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
  3. Minimum Age Requirements
    Access to and use of our Services is only for those over the age of 18. If you are younger than this, you may not register for or use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 18 years of age or older.
  4. Fees, Payment, and Renewal
    Paid Services. Depending on the Service, there may be one-time fees, recurring fees, or revenue-based fees. For recurring fees, we will bill or charge you in regular automatically-renewing intervals (such as monthly or annually), on a pre-pay basis until you cancel, which you can do at any time by removing the item generating the fee (such as a Tenant or Property). For revenue-based fees -- such as fees for facilitating online payments between Tenant and Landlord -- these are paid directly from the proceeds at the time of payment.

    The current cost of Paid Services is available at https://www.simpleassetmanager.com/pricing/.

    Simple Asset Manager uses Dwolla and Stripe to execute online payment transactions.

    In order to use the ACH payment functionality of our application, you must open a "Dwolla Platform" account provided by Dwolla, Inc. and you must accept the​ Dwolla Terms of Service​ and​ Dwolla Privacy Policy​. Any funds held in the Dwolla account are held by Dwolla's financial institution partners as set out in the​ Dwolla Terms of Service​​. You authorize us to collect and share with Dwolla the required personal information (as required by the Patriot Act and Know Your Customer Guidelines) including full name, date of birth, social security number, physical address, email address and financial information, and you are responsible for the accuracy and completeness of that data. You understand that you will access and manage your Dwolla account through our application, and Dwolla account notifications will be sent by us, not Dwolla. We will provide customer support for your Dwolla account activity, and can be reached at support@simpleassetmanager.com.

    In order to use the Credit/Debit Card payment functionality of our application, you must open an account with Stripe, and you must accept the Stripe Account Terms, which may be updated from time to time. Any authorization you provide to make repeating automatic payments using the Service will remain in effect until cancelled.

    By providing us with your banking, credit/debit card, or other payment information, you authorize us to use it and disclose it to the respective payment gateway providers for the purpose of facilitating payments you authorize on the Service.

    We never take custody of money you transfer using any payment Service and we are not responsible for what recipients do with the payments you make. Any and all disputes related to payments, security deposits, or other transactions between tenants, landlords, contractors, or other parties will be remedied solely between those parties. We are not responsible for payment charges, payment dates, or other information entered incorrectly or for your landlord returning your security deposit.

    In the event a payor, payor’s financial institution, or card issuer initiates a reversal, chargeback, or dispute of a payment, you authorize us and our third-party payment providers to reverse or otherwise debit funds from your account in accordance with the applicable financial institution's and network's policies and procedures. If we are unable to reverse or otherwise debit funds from your account, you agree to transfer such funds. If we have reason to believe fraud or other abuse of the Service has taken place, we may also initiate a reversal, debit, or take other actions we determine to be appropriate.
    Taxes. To the extent permitted by law, or unless explicitly stated otherwise, all fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees, or charges now in force or enacted in the future (“Taxes”). You are responsible for payment of all applicable Taxes relating to your use of our Services.
    Payment. If your payment fails or if Paid Services are otherwise not paid for or paid for on time, we may immediately cancel or revoke your access to the Paid Services.
    Automatic Renewal. To ensure uninterrupted service, recurring Paid Services are automatically renewed. This means that unless you cancel a Paid Service before the end of the applicable subscription period, it will automatically renew, and you authorize us to invoice you or use any payment mechanism we have on record for you to collect the then-applicable fee (as well as any Taxes).

    By default, your Paid Services will be renewed for the same interval of time as your original subscription period. For example, if you selected an annual payment frequency, you will be charged each year for the following 12-month period. It is your responsibility to make sure you are checking your email (including any spam or other filters) in order to receive any reminder email we send to you in advance of renewal. The date for the automatic renewal is determined automatically based on the date of the original purchase and cannot be changed. You can view the original purchase date by visiting the Purchases summary page.
    Cancelling Automatic Renewal. You can manage and cancel your Paid Services by deleting the item that is generating the associated fee, such as a Property. If you are having difficulty cancelling any Paid Service, please contact support@simpleassetmanager.com.

    If we change our fees or introduce new features that have additional fees, we will inform you first via email or an announcement on the website. If you don’t want to pay the new fees, you can cancel service anytime. We don’t offer refunds for fees you’ve already paid.
    Automatic Renewal. To ensure uninterrupted service, recurring Paid Services are automatically renewed. This means that unless you cancel a Paid Service before the end of the applicable subscription period, it will automatically renew, and you authorize us to invoice you or use any payment mechanism we have on record for you to collect the then-applicable fee (as well as any Taxes). By default, your Paid Services will be renewed for the same interval of time as your original subscription period. For example, if you selected an annual payment frequency, you will be charged each year for the following 12-month period. It is your responsibility to make sure you are checking your email (including any spam or other filters) in order to receive any reminder email we send to you in advance of renewal. The date for the automatic renewal is determined automatically based on the date of the original purchase and cannot be changed. You can view the original purchase date by visiting the Purchases summary page.
    Refunds. While you may cancel a Paid Service at any time, refunds are issued in our sole discretion, unless otherwise required by applicable law.
  5. General Representation and Warranty
    You represent and warrant that your use of our Services:
    • Will comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding online conduct and acceptable content, privacy, data protection, the use of financial services, notification and consumer protection);
    • Will not use the Services for any unlawful purposes or in furtherance of illegal activities;
    • Will not infringe or misappropriate the intellectual property rights of any third party;
    • Will not overburden Simple Asset Manager’s systems, as determined by us in our sole discretion;
    • Will not disclose sensitive personal information of others;
    • Will not interfere with, disrupt, or attack any service or network; and
    Third Party Services. You may choose to set up and/or use third party services, such as Dwolla or Stripe to collect payments. By using Simple Payments or any third-party services, some of your data may be submitted directly to or passed to the respective third party, and the respective third party’s terms of service, privacy policy, and other policies may apply. For example, if you accept credit cards through Simple Payments, you must create or use an existing Stripe account to manage payments, and by using Stripe, you agree to their terms and policies. Please note that third party services may also charge you fees to use or access their services, for example, as Stripe does for Payments. We may refuse, condition, or suspend any transaction or account if we believe you have violated these Terms or if we believe your activities or transactions expose you, us, or others to unacceptable risks, as determined by us in our sole discretion.
    Tax Calculations. You are responsible for payment of all applicable Taxes relating to your business activities and your use of Simple Asset Manager's Services. You must collect, report, and/or pay the correct amounts to the appropriate authorities if applicable, and if needed, inform your customers about any Taxes they may be required to pay and issue appropriate invoices. If we are obligated to pay or collect Taxes on your business activities or your use of our Services, you are responsible for such Taxes, and we may collect payment for such Taxes.
  6. Changes
    We are constantly updating our Services and that means sometimes we have to change the legal terms under which our Services are offered. These Terms may only be modified by a written amendment signed by an authorized executive of Simple Asset Manager, or by Simple Asset Manager posting a revised version. If we make changes that are material, we will let you know by a blog posting, or by sending an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period, or once the changes become effective. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms that were in place when the dispute arose.
  7. Disclaimer of Warranties
    Our Services are provided “as is.” Simple Asset Manager LLC and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied. Neither Simple Asset Manager LLC, nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
  8. Jurisdiction and Applicable Law.
    Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of the state of Delaware, U.S.A.
  9. Limitation of Liability
    In no event will Simple Asset Manager LLC, or its suppliers, partners, or licensors, be liable with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Simple Asset Manager under the Agreement during the subscription period (a maximum of twelve months) prior to the cause of action, whichever is greater. Simple Asset Manager LLC shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
  10. Indemnification
    You agree to indemnify and hold harmless Simple Asset Manager LLC, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement or any agreement with a provider of third-party services used in connection with the Services.
  11. US Economic Sanctions
    You expressly represent and warrant that your use of our Services and/or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and we reserve the right to terminate accounts or access of those in the event of a breach of this condition.
  12. Miscellaneous
    The Agreement constitutes the entire agreement between Simple Asset Manager LLC and you concerning the subject matter hereof. If any part of the Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under the Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Simpler Asset Manager LLC may assign its rights under the Agreement without condition. The Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Last Updated: September 9, 2020

Questions? Please contact us at support@simpleassetmanager.com.