Please read these Terms of Service ("Terms") carefully before using OwnerDesk ("Service", "we", "us", or "our"). By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.
OwnerDesk is a cloud-based property management software platform that helps independent landlords and property managers track properties, units, tenants, rent payments, expenses, maintenance requests, and generate owner reports. The Service is provided on a subscription basis.
You must be at least 18 years old and legally capable of entering into a binding contract to use the Service. By creating an account, you represent and warrant that you meet these requirements.
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account. We are not liable for any loss resulting from unauthorized use of your account.
You agree to provide accurate, current, and complete information when creating your account and to keep this information up to date.
Access to the Service requires a paid subscription. Subscriptions are billed on a monthly basis at the rate displayed at the time of purchase. All fees are in US dollars and are non-refundable except as required by applicable law or as expressly stated in these Terms.
We reserve the right to change subscription pricing at any time. We will provide at least 30 days' notice of any price change by email or through the Service. Continued use of the Service after a price change takes effect constitutes acceptance of the new price.
If payment fails, your account may be suspended until payment is brought current. We are not responsible for any data loss or access interruption resulting from non-payment.
You may cancel your subscription at any time through your account settings or by contacting us. Cancellation takes effect at the end of the current billing period. You will retain access to the Service until that date.
All payments are final and non-refundable. By subscribing, you acknowledge and agree that no refunds will be issued for any reason, including but not limited to partial billing periods, unused time, dissatisfaction with the Service, or failure to cancel before a renewal date. You are responsible for canceling your subscription before the next billing cycle if you do not wish to be charged again.
Upon cancellation, we will retain your data for 30 days, after which it may be permanently deleted. It is your responsibility to export any data you need before cancellation takes effect.
The Service allows you to enter and store information about third parties, including your tenants ("Tenant Data"). You are solely responsible for all Tenant Data you enter into the Service. By using the Service, you represent and warrant that:
We process Tenant Data as a data processor on your behalf. You are the data controller responsible for the lawful basis of processing.
OwnerDesk is a software tool. It is not a substitute for legal advice and does not constitute legal, financial, or professional advice of any kind. Landlord-tenant law varies by jurisdiction and changes frequently. You are solely responsible for ensuring that your use of the Service and your property management practices comply with all applicable federal, state, and local laws, including fair housing laws, rent control ordinances, eviction procedures, security deposit regulations, and lease requirements.
We strongly encourage you to consult a licensed attorney in your jurisdiction for any legal questions related to your property management activities.
You agree not to use the Service to:
We reserve the right to suspend or terminate accounts that violate these terms without notice or refund.
The Service and all its contents, features, and functionality — including but not limited to software, text, graphics, and logos — are owned by OwnerDesk and are protected by applicable intellectual property laws. These Terms do not grant you any ownership rights in the Service.
You retain ownership of all data you enter into the Service. By using the Service, you grant us a limited license to store, process, and display your data solely for the purpose of providing the Service to you.
We implement commercially reasonable technical and organizational measures to protect your data against unauthorized access, loss, or destruction. However, no method of transmission over the internet or electronic storage is 100% secure. We cannot guarantee absolute security and are not liable for any breach of security beyond our reasonable control.
You are responsible for maintaining the security of your account credentials and for any activity that occurs under your account.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that the Service will be uninterrupted, error-free, or free of viruses or other harmful components. We do not warrant the accuracy, completeness, or reliability of any information or calculations produced by the Service.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OWNERDESK AND ITS OWNERS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100).
Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you to the extent prohibited by law.
You agree to indemnify, defend, and hold harmless OwnerDesk and its owners, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any applicable law; or (d) any Tenant Data you submit to the Service.
We reserve the right to suspend or terminate your access to the Service at any time, with or without notice, for any reason, including if we reasonably believe you have violated these Terms. Upon termination, your right to use the Service will immediately cease.
Sections 7, 11, 12, 13, and 16 of these Terms shall survive termination.
We may update these Terms from time to time. When we do, we will update the "Last updated" date at the top of this page and notify you by email or through the Service at least 14 days before the changes take effect for material changes. Your continued use of the Service after changes take effect constitutes your acceptance of the updated Terms.
If you do not agree to the updated Terms, you must stop using the Service and cancel your subscription before the changes take effect.
These Terms are governed by and construed in accordance with the laws of the United States, without regard to conflict of law principles. Any dispute arising out of or relating to these Terms or the Service that cannot be resolved informally shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive or other equitable relief in a court of competent jurisdiction.
You agree to resolve any disputes with us on an individual basis and waive any right to bring or participate in a class action lawsuit or class-wide arbitration.
If you have any questions about these Terms of Service, please contact us at:
OwnerDesk
Email: [email protected]
By creating an account, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy.