Avery Terms of Service

1. Overview

Avery is a full-service property management platform that helps facilitate communication, rent payment, work orders, maintenance, and related activities between property managers, owners, tenants, and vendors.

Note for Property Managers: If you are using the Services as a property manager or management company, additional terms apply. Please review the Property Manager Addendum.

2. Eligibility and Accounts

1. Eligibility. You must be at least 18 years of age to use the Services.
2. Account Creation. Each user may create one account. By registering, you represent that the information you provide is accurate and complete.
3. Non-Transferability. Accounts are personal and may not be transferred or assigned.
4. Account Security. You are responsible for maintaining the confidentiality of your credentials and for all activity under your account.
5. Suspension/Termination. We may suspend or terminate your access for cause, including violation of these Terms, nonpayment, or misuse of the Services.

3. Use of the Services

1. License. Subject to these Terms, we grant you a limited, nonexclusive, nontransferable, revocable license to access and use the Services for lawful property-management-related purposes.
2. Prohibited Uses. You may not:
   • Use the Services to send spam or unsolicited communications.
   • Upload, post, or transmit any illegal, defamatory, obscene, or otherwise objectionable material.
   • Upload or share sensitive personal, health, or confidential information not necessary for property management.
   • Interfere with, damage, or disrupt the operation or security of the Services.
3. Compliance. You agree to comply with all applicable laws and regulations when using the Services.

4. Payments

1. Property Manager Subscriptions. Access for property managers is provided on a paid subscription basis or through contract with Starlight.
2. Tenant Payments. Tenants may use additional paid payment methods (e.g., ACH or credit card). Associated fees are disclosed before payment and may vary by method.
3. Rent Collection. Avery may facilitate or handle rent and other payments through integrated processors such as Stripe or via direct bank transfer.
4. Payment Disputes. Payment and rent disputes are solely between tenants, property managers, and owners. Starlight and Avery are not parties to such disputes.
5. Refunds. Except as required by law, fees paid for use of the Services are non-refundable.

5. User Content and Data

1. Ownership. You retain ownership of any data, photos, messages, or other materials you upload ("User Content").
2. License to Starlight. By submitting or uploading User Content, you grant Starlight a worldwide, nonexclusive, royalty-free, sublicensable, and transferable license to use, store, reproduce, modify, display, and distribute such content to operate, maintain, improve, and enhance the Services, including training machine learning models and developing new features.
3. Retention. We do not guarantee that any User Content will be stored or available beyond our data retention policies, which may change from time to time.
4. Responsibility. You are solely responsible for User Content you submit and for ensuring you have all rights necessary to do so.
5. Prohibited Content. You may not upload material that violates law, infringes intellectual property, or breaches privacy or confidentiality obligations.

6. AI and Automated Features

Avery includes AI-powered and automated tools that assist with tasks such as communication, classification, and summarization. These features are intended to augment, not replace, human judgment.

• Outputs generated by AI may contain inaccuracies or omissions.
• You remain solely responsible for any decisions made or actions taken based on such outputs.
• Starlight disclaims all liability arising from reliance on automated outputs.

7. Intellectual Property

1. Ownership. All intellectual property rights in and to the Services, including software, text, graphics, logos, and trademarks, are owned by Starlight or its licensors.
2. Restrictions. You may not copy, modify, distribute, sell, or lease any part of the Services or reverse engineer or attempt to extract the source code except as permitted by law.
3. Feedback. Any feedback or suggestions you provide may be used by us freely without obligation to you.

8. Communications Consent

By using the Services, you consent to receive communications from us via email, text message, phone call, or push notification regarding your account, transactions, and service-related updates.

• Message frequency varies. Message and data rates may apply.
• You may opt out of marketing messages at any time (reply STOP for SMS or use the unsubscribe link for email).
• Transactional or legally required messages may still be sent.

9. Warranties and Disclaimers

1. "As Is." The Services are provided "as is" and "as available," without warranties of any kind, express or implied.
2. No Guarantee. We do not warrant that the Services will be uninterrupted, secure, or error-free, or that data will not be lost or corrupted.
3. Third-Party Services. We are not responsible for third-party services, integrations, or links accessible through the Services.
4. AI Disclaimer. AI features may generate outputs that are incomplete or incorrect. Users must verify and exercise independent judgment.

10. Limitation of Liability

To the fullest extent permitted by law:

1. Cap. Starlight's total cumulative liability to you for any claim related to the Services shall not exceed the amounts you paid to Starlight in the twelve (12) months preceding the event giving rise to the claim.
2. Exclusion. Starlight shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including loss of data, profits, or goodwill.
3. Basis. These limitations form a fundamental part of the bargain between the parties.

11. Indemnification

You agree to defend, indemnify, and hold harmless Starlight, its affiliates, officers, employees, and agents from and against all claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Services;
• Your violation of these Terms or applicable law; or
• Any User Content or communications transmitted through the Services.

12. Arbitration and Governing Law

1. Governing Law. These Terms are governed by and construed under the laws of the State of Texas, without regard to conflict of laws principles.
2. Binding Arbitration. Any dispute arising out of or relating to these Terms or the Services shall be resolved by binding arbitration under the rules of the American Arbitration Association (AAA).
3. Venue. Arbitration will take place in Travis County, Texas, unless the parties agree otherwise.
4. Waiver of Jury Trial and Class Actions. You waive the right to a jury trial or to participate in class or representative actions.
5. Injunctive Relief. Either party may seek equitable relief in court for misuse of intellectual property or confidential information.

13. Termination

We may suspend or terminate your access to the Services at any time for cause, including:

• Violation of these Terms or applicable law;
• Nonpayment;
• Fraud, abuse, or interference with system integrity.

Upon termination, all rights granted to you under these Terms will immediately cease.

14. Changes to These Terms

We may update these Terms from time to time. The updated version will be posted with a revised "Last Updated" date. Material changes may be communicated by email or in-app notice.

Your continued use of the Services after any changes constitutes acceptance of the revised Terms.

15. General Provisions

1. Entire Agreement. These Terms, together with our Privacy Policy and (for property managers) the Property Manager Addendum, constitute the entire agreement between you and Starlight regarding the Services.
2. Severability. If any provision is found unenforceable, the remaining terms remain in full force.
3. No Waiver. Our failure to enforce any right does not constitute a waiver of that right.
4. Assignment. You may not assign these Terms without our written consent.
5. Force Majeure. We are not responsible for failure or delay due to events beyond our reasonable control.

16. Contact Us

For questions about these Terms, please contact: