SPIRE End User License Agreement & Terms of Service

Spire Property Management Software

Effective Date: January 1, 2025

1. Notice to User

You are being provided with this document because You or someone on Your behalf desires to use certain products, services, programs, platforms, software, and/or other functionality (the “Products”) provided by Multi Data Services Corp. (“MDS”). These Products may be in an early or developmental stage and are made available to You for use in parallel to the software-as-a-service offering (the “MDS Services”) provided by MDS to You under the in-force Master Services Agreement (“MSA”). By clicking “I Accept” or utilizing the Products, You acknowledge and agree to comply with the terms and conditions of this End User License Agreement (“EULA”).

2. Grant of License

MDS hereby grants to You a non-exclusive, non-transferable license to use the Products in connection with Your use of the MDS Services in accordance with the terms and conditions of this EULA.

3. Disclaimer

The Products are provided “as is.” Any use of the Products is at Your own risk. MDS makes, and You receive, no warranties. MDS expressly disclaims all express or implied warranties, including, without limitation, any warranty of merchantability, fitness for a particular purpose, or non-infringement. MDS does not represent or warrant that the Products will operate continuously or error-free. While we strive to ensure proper functioning, You are encouraged to use the Products with the understanding that performance may vary and issues may arise.

4. Product Support, Updates, and Modifications

MDS is under no obligation to provide technical support for the Products. MDS may upgrade and/or modify the Products at its sole discretion. MDS has the right to discontinue or modify the Products at any time without cause or notice.

5. Ownership

MDS retains all ownership and proprietary rights to the Products, including any updates, upgrades, and releases.

6. Non-Disclosure

You acknowledge that the Products represent MDS’s confidential and proprietary information and agree not to share them with unauthorized parties.

7. Term

This EULA becomes effective when You click “I Accept” or begin using the Products. Your rights with respect to the Products will terminate upon the earlier of (i) the termination or expiration of the MSA; or (ii) Your provision of written notice to MDS of Your intent to discontinue use of the Products. MDS hereby reserves the right to terminate this EULA upon written notice at any time. Upon expiration or termination of this EULA, the rights and licenses granted to You under this EULA shall immediately terminate.

8. Limitation of Liability

Except for Customer’s indemnification and payment obligations, if either party is held liable to the other, liability is limited to the fees payable by Customer to MDS under the MSA during the six (6) month period immediately preceding the date of the claim. Such liability shall be in the aggregate and not on a per incident basis. Neither party shall be liable to the other party for any loss of profits, revenues, or trades or for any indirect, special, punitive, consequential, or incidental loss or damage of any nature arising from any cause, even if a party has been advised of the possibility of such damage.

9. Governing Law and Dispute Resolution

This EULA will be governed by and construed in accordance with the laws of New York, excluding its conflicts of law rules. Any dispute arising out of or relating to this Agreement, with the exception of disputes related to MDS’s intellectual property, will be resolved solely by final and binding arbitration pursuant to the arbitration provisions of the MSA.

10. Notices

All notices and other communications required or permitted under this EULA shall be made in accordance with the notice provisions and requirements of the MSA.

11. Binding Effect and Assignment

This EULA will be binding upon, and inure to the benefit of, each party’s permitted successors and assigns. Neither party may assign this EULA, in whole or in part, or delegate the performance of any obligation, to any third party without the other party’s prior written consent.

12. Severability

If any provision of this EULA or the application thereof is found invalid or unenforceable by a court of competent jurisdiction, that provision will be amended to achieve as nearly as possible the same economic effect as the original provision and the remainder of this EULA will remain in full force and effect.

13. Waiver

The waiver by either party of any right under this EULA must be in writing to be effective. Any such waiver of the failure to perform or of a breach of any provision of this EULA will not operate or be construed as a waiver of any other right under this EULA or any other breach or failure, whether of a similar nature or otherwise.

14. Merger and Entire Agreement

This EULA and the MSA executed by both You and MDS collectively comprise the entire agreement between You and MDS with respect to the Products. In the event of any inconsistency between this EULA and the MSA, this EULA shall govern and prevail in all instances.

15. Amendment

This EULA may be amended or modified only by a writing signed by duly authorized representatives of both parties, except as expressly provided to the contrary in this EULA.

16. Electronic Execution

If You are presented with an electronic version of this EULA, by clicking “I Accept” or utilizing the Products, You agree to transact business with MDS electronically.

17. Captions and Headings

The captions and headings appearing in this EULA are for reference only and will not be considered in construing this EULA.

 

SPIRE Messenger Privacy Policy

Effective Date: January 1, 2025

Introduction

Multi Data Services Corp. (“we,” “us,” “our”) is committed to protecting your privacy. This Privacy Policy explains how we collect, use, and disclose information when you use SPIRE Email and SMS/MMS Communication Tools (“the Service”). By using the Service, you agree to the collection and use of information in accordance with this Privacy Policy.

Information We Collect

We collect only the information necessary to provide and operate the Service:
• Communication Data: Content of messages sent through the Service (e.g., text message history).
• System Information: Metadata related to communications, such as timestamps, delivery status, and message type.
We do not store or access email content. Emails remain within the linked email account and are reflected in SPIRE as a filtered inbox.

How We Use Your Information

The information we collect is used to:
• Facilitate the delivery of emails and text messages to residents.
• Provide access to message history for administrative and communication purposes.
• Improve and support the functionality of the Service.
We do not use your data for marketing purposes or sell your data to third parties.

Data Retention

  • Emails: We do not store email data. SPIRE reflects the current state of the linked email account. If an email is deleted from the inbox, it is no longer accessible in SPIRE.
    • Texts: Text messages are retained in SPIRE for the purpose of maintaining a communication history. Data retention policies for text messages are governed by the client’s use of the Service.

Third-Party Services

The Service relies on third-party providers, including:
• Nylas: For email authentication and communication.
• Twilio: For SMS/MMS delivery and tracking.
These providers may collect and process data as part of their services. By using the Service, you also agree to the privacy policies of these third-party providers.

Data Sharing

We do not share your data with third parties except as necessary to:
• Operate the Service (e.g., through third-party providers like Twilio and Nylas).
• Comply with legal obligations, such as responding to lawful requests or court orders.

Data Security

We implement reasonable technical and organizational measures to protect your data from unauthorized access, use, or disclosure. However, no system is entirely secure, and we cannot guarantee the absolute security of your data.

Client Responsibility

Clients are responsible for ensuring compliance with applicable privacy and communication laws, including but not limited to:
• Obtaining consent from tenants before sending communications.
• Managing opt-ins and opt-outs for text messaging.

Changes to This Privacy Policy

We may update this Privacy Policy from time to time. Changes will be effective upon posting to our website. Continued use of the Service after changes are posted signifies your acceptance of the revised policy.

SPIRE Messenger Terms of Service

Effective Date: January 1, 2025

Acceptance of Terms

By accessing or using the email and SMS/MMS communication tools within SPIRE (“the Service”), provided by Multi Data Services Corp. (“we,” “us,” “our”), you (“the user”) agree to these Terms of Service. If you do not agree, you may not use the Service.

Purpose of the Service

The SPIRE Email and SMS/MMS Communication Tools are provided to enable users to send and manage text and email communications with residents. These tools use data from your SPIRE database, such as Status Codes, to facilitate targeted messaging.

User Responsibilities

You agree to:

  • Comply with all applicable laws and regulations governing email and text messaging, including but not limited to the CAN-SPAM Act, TCPA, GDPR, and other relevant laws.
  • Ensure that recipients of communications have provided explicit consent where legally required.
  • Use the Service only for lawful purposes and refrain from engaging in spamming, harassment, or other prohibited activities.
  • You acknowledge that you are solely responsible for the content of messages sent using SPIRE.

Account Setup and Permissions

Access to the SPIRE Communication Tools requires explicit permissions within the system, which are determined by the Customer’s system administrator. Only authorized users may set up email accounts or send emails and text messages. Additional permission levels may be added or modified over time.

Fees and Payment

The Service may incur additional fees for features such as text messaging. While SPIRE uses third-party providers (e.g., Twilio) to facilitate these services, clients will be billed directly by Multi Data Services Corp. for any associated costs. These fees are in addition to your existing subscription for the SPIRE platform. Any applicable fees will be communicated to you in advance.

Data Usage

  • Emails: Emails are not stored in SPIRE. The system functions as a filtered inbox, reflecting the current state of the linked email account. If an email is deleted from the linked inbox, it will no longer appear in SPIRE and cannot be retrieved through the Service. If access to the linked inbox is lost (e.g., the account is deactivated or unauthenticated), all email history will also be lost, as SPIRE relies entirely on the inbox connection for email data.
  • Texts: Text messages are stored within SPIRE to allow users to access and review communication history as needed. SPIRE is not a backup system. It does not retain any email data and only retains text communications as needed for its core functionality.

Text Messaging Usage and Limits

Text messaging through SPIRE allows users to send SMS/MMS messages to residents. The service may incur additional charges based on usage, including the purchase of text messaging packages or subscriptions, which will be communicated to you in advance.
Clients are responsible for ensuring compliance with all applicable laws when using the text messaging feature, including managing opt-ins and opt-outs. SPIRE provides tools to help manage these preferences but does not validate or enforce compliance on behalf of clients.

Opt-Out Management

SPIRE includes features to help manage recipient preferences for SMS/MMS communications:

  • Clients can choose to start with all tenants opted out of text messaging by default.
  • Individual tenants can be opted in manually as needed, based on agreements or consent obtained outside of SPIRE.
    It is the client’s responsibility to manage opt-ins and opt-outs in compliance with applicable laws and regulations. SPIRE provides tools to facilitate this process but does not handle or validate consent on behalf of clients.

User Responsibility for Content

You are solely responsible for the content of all outgoing messages sent using SPIRE, including emails and text messages. While SPIRE provides an integrated AI assistant to help draft and edit messages, the final responsibility for the accuracy, appropriateness, and legality of the content lies with the user.
The AI tool is designed to assist in drafting communication, but it is the user’s responsibility to review, modify, and approve all messages before sending. Multi Data Services Corp. does not assume any liability for messages that may violate any laws, regulations, or third-party rights, including but not limited to intellectual property rights, privacy laws, and any communications regulations such as the CAN-SPAM Act or TCPA.
By using the Service, you acknowledge and agree that any content created, edited, or sent via the AI assistance is entirely at your discretion, and you retain full ownership and responsibility for the content and its compliance with all applicable laws.

Third-Party Services

SPIRE integrates with third-party services to facilitate email and SMS/MMS communications. These include, but are not limited to:

  • Nylas: For email authentication and communication.
  • Twilio: For SMS/MMS delivery and tracking.
    We reserve the right to change or replace these third-party service providers at our discretion. If a change occurs, clients may be required to reconfigure their credentials or settings within SPIRE to continue using the Service.
    By using the Service, you also agree to the terms and conditions of the current third-party providers.

Service Availability and Liability

The Service is provided on an “as-is” and “as-available” basis. We are not responsible for:

  • Service outages or disruptions caused by third-party providers (e.g., Nylas or Twilio).
  • Data loss, communication errors, or any interruptions in service.
  • Any damages resulting from your use of the Service.

Termination of Access

Access to the SPIRE Communication Tools may be restricted or terminated under the following conditions:

  • Insufficient credits or balance for texting services.
  • Breach of these Terms of Service.
  • As required by law or at our sole discretion.
    We reserve the right to suspend or terminate the Service with or without prior notice.

Jurisdiction

These Terms of Service are governed by the laws of the State of New York, without regard to its conflict of laws principles. Any disputes shall be resolved exclusively in the courts located in Suffolk County, New York.

Updates to Terms of Service

We reserve the right to update or modify these Terms of Service at any time. Changes will be effective upon posting on our website. Continued use of SPIRE Communication Tools after updates signifies your acceptance of the revised terms.

Compliance with Laws

The SPIRE Communication Tools are provided as-is, and it is your sole responsibility to ensure compliance with all applicable laws and regulations, both in the United States and any other jurisdictions where you use the Service. Multi Data Services Corp. does not provide legal advice or guarantee compliance with any specific laws, including but not limited to the CAN-SPAM Act, TCPA, GDPR, or other data protection and communication laws.
You are responsible for determining the legality of your communications, obtaining any necessary consent, and managing opt-ins and opt-outs in accordance with the laws that apply to your use of the Service.

Contact Us

If you have any questions, please contact us at: contracts@multidataservices.com