The following capitalized terms have the meanings given below whenever they are used in these Terms.
Manage It Easy is a software platform designed to help community associations operate more efficiently.
Subject to these Terms and to timely payment of applicable fees, the Company grants the Customer a non-exclusive, non-transferable, worldwide right to access and use the Service during the Subscription Term for the Customer's own internal operations.
Account creation. To use the Service, the Customer must create an account and designate at least one board-level administrator ("Provider Admin" or "Board Admin"). The individual creating the account represents that they have authority to bind the Customer to these Terms.
Authorized Users & roles. The Customer may grant access to Authorized Users at four role levels — Provider Admin, Board Admin, Board Member, Resident — and may create Custom roles restricted to specific features. The Customer is solely responsible for (a) maintaining the confidentiality of credentials, (b) all activity that occurs under its account, and (c) ensuring Authorized Users comply with these Terms.
Notification. The Customer must promptly notify the Company of any unauthorized access to or use of its account.
Age. Authorized Users must be 18 or older. The Service is not directed to children.
Fees. Subscription fees are set out in the applicable Order Form or on the Company's published pricing page in effect at the time of subscription. Except as expressly stated, fees are non-refundable.
Billing cycle. Subscription fees are billed monthly or annually in advance depending on the plan selected. Additional charges (e.g., email/SMS delivery overages, storage overages, professional services) are billed as incurred.
Payment method. The Customer authorizes the Company (or its payment processor) to charge the payment method on file for all fees when due. If payment is not received when due, the Company may (i) suspend the Service after reasonable notice, (ii) charge interest at the lesser of 1.5% per month or the maximum permitted by law, and (iii) recover collection costs including reasonable attorneys' fees.
Price changes. The Company may change fees on renewal by giving at least thirty (30) days' prior notice. Continued use after a price change constitutes acceptance.
Taxes. Fees exclude all taxes, levies, and duties imposed by taxing authorities, and the Customer is responsible for payment of all such taxes other than taxes on the Company's income.
The Customer owns its Data. As between the parties, the Customer retains all right, title, and interest in and to Customer Data. The Company acquires no ownership interest in Customer Data.
License to us. The Customer grants the Company a limited, non-exclusive, worldwide license to host, copy, transmit, display, and process Customer Data solely (a) to provide the Service, (b) to prevent or address technical or security issues, (c) to comply with legal obligations, and (d) as expressly permitted elsewhere in these Terms.
Aggregate & de-identified data. The Company may generate and use aggregated and de-identified data derived from Customer Data for benchmarking, improving the Service, and analytics, provided that such data does not identify the Customer or any individual.
Data export. The Customer may export its data at any time during the Subscription Term using the export functions built into the Service. Upon termination, the Customer will have thirty (30) days to export data, after which the Company may delete Customer Data in the ordinary course.
Retention. The Company will retain Customer Data during the Subscription Term. Backup copies may persist for a limited period after deletion in the ordinary course of business.
The Customer, and each Authorized User, must NOT:
The Company reserves all rights in and to the Service and the underlying software, code, designs, trademarks, and documentation. Except for the limited access right granted in Section 2, no license is granted to the Customer by implication or otherwise. The Customer will not remove or alter any proprietary notices in the Service.
Feedback, suggestions, and improvement ideas that the Customer provides to the Company may be used by the Company without restriction and without compensation to the Customer.
The Service may integrate with or rely on third-party services (e.g., cloud infrastructure, payment processors, email delivery providers, mapping, SMS gateways). The Customer's use of such third-party services is subject to those providers' own terms and privacy policies. The Company is not responsible for third-party service outages, changes, or discontinuation, but will make reasonable efforts to minimize disruption.
Each party may receive or have access to confidential information of the other. Each party will (a) use the other's confidential information only for the purposes of performing under these Terms, (b) protect it using at least the same standard of care as it uses for its own confidential information (but not less than reasonable care), and (c) not disclose it to third parties except to employees, agents, or contractors bound by comparable confidentiality obligations. This section does not apply to information that is publicly known through no fault of the receiving party, was already known to the receiving party without a duty of confidentiality, or is independently developed.
The Company's collection and use of personal data is described in the Privacy Policy, which is incorporated by reference. If required by applicable law, the parties will enter into a Data Processing Addendum ("DPA") that will control the processing of personal data.
The Customer represents and warrants that it has (a) provided all required notices to unit owners and other data subjects and (b) obtained all required consents to permit the Company to process Customer Data in accordance with these Terms, including where required, prior written consent for electronic delivery of statutory notices.
The Company will maintain reasonable administrative, physical, and technical safeguards designed to protect Customer Data, including encryption in transit and at rest, access controls, and periodic security reviews. In the event of a confirmed breach of security affecting Customer Data, the Company will notify the Customer without undue delay and cooperate with the Customer's reasonable investigation, consistent with §501.171, Florida Statutes.
The Customer, not the Company, is responsible for the Customer's own compliance with Florida law.
Manage It Easy provides compliance-oriented features that reflect the Company's good-faith reading of statutes such as FS 718.112 (notice, meetings, elections), FS 718.111(12) (records inspection and website posting), FS 718.116 and FS 720.3085 (assessments and liens), FS 720.303 (records, financial reporting, meetings), FS 720.305 (fines and hearing committees), and FS 553.899 (milestone inspections), among others. These features are administrative aids only.
The Customer represents and acknowledges that:
Limited warranty. The Company warrants that during any paid Subscription Term the Service will materially perform in accordance with its then-current documentation. The Customer's exclusive remedy for breach of this warranty is, at the Company's option, to (a) re-perform the affected Service or (b) terminate the affected subscription and refund pre-paid fees for the unused portion of the term.
DISCLAIMER. EXCEPT FOR THE LIMITED WARRANTY ABOVE, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." THE COMPANY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. THE COMPANY DOES NOT WARRANT THAT THE SERVICE WILL CAUSE THE CUSTOMER TO BE IN COMPLIANCE WITH ANY LAW.
By the Customer. The Customer will defend, indemnify, and hold the Company (and its officers, directors, employees, and agents) harmless from and against any third-party claim, demand, action, or proceeding, and all resulting damages, losses, costs, and reasonable attorneys' fees, arising out of or relating to (a) the Customer's or any Authorized User's use of the Service, (b) Customer Data, (c) the Customer's breach of these Terms, or (d) the Customer's failure to comply with any Statute or governing document.
By the Company. The Company will defend, indemnify, and hold the Customer harmless from and against any third-party claim that the Service, as provided by the Company and used in accordance with these Terms, infringes a valid U.S. copyright or U.S. patent, and will pay any resulting damages finally awarded against the Customer. The Company has no obligation with respect to any claim to the extent it arises from (i) Customer Data, (ii) modification of the Service by anyone other than the Company, or (iii) use of the Service in combination with anything not provided by the Company where the claim would not have arisen but for the combination.
Process. The indemnified party will promptly notify the indemnifying party of the claim, cooperate reasonably, and let the indemnifying party control the defense and settlement (provided that no settlement adverse to the indemnified party is made without its consent, not to be unreasonably withheld).
Excluded damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, GOODWILL, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Aggregate cap. EACH PARTY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE FEES PAID BY THE CUSTOMER TO THE COMPANY IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.
Exceptions. The limitations in this Section 15 do not apply to (a) either party's indemnification obligations, (b) breach of confidentiality, (c) the Customer's payment obligations, or (d) liability that cannot be limited under applicable law.
Term. These Terms take effect on the earlier of the date the Customer accepts them electronically or first uses the Service, and continue for the Subscription Term specified in the Order Form (or, if none, on a month-to-month basis), auto-renewing for successive periods of the same length unless either party gives written notice of non-renewal at least thirty (30) days before the end of the current term.
Termination for cause. Either party may terminate for the other's material breach not cured within thirty (30) days after written notice.
Effect of termination. Upon termination, the Customer's right to access the Service ends. The Customer has thirty (30) days to export Customer Data via built-in export functions; thereafter the Company may delete it. Sections that by their nature should survive (including 5, 7, 9, 13, 14, 15, 18, and 20) will survive termination.
The Company may suspend the Customer's access to the Service, with or without notice, if (a) the Customer's account is materially past due, (b) the Customer's use poses a security risk to the Service or others, (c) the Customer is violating the Acceptable Use section, or (d) a governmental authority requires suspension. The Company will lift suspension as soon as the cause is resolved.
Governing law. These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws rules.
Venue. The parties consent to the exclusive jurisdiction and venue of the state and federal courts located in [County, e.g. Miami-Dade County], Florida, for any dispute arising out of or relating to these Terms, subject to the arbitration provision below.
Informal proposal. Before filing any claim, the party with the complaint agrees to give the other party at least thirty (30) days to attempt to resolve the dispute informally by written notice describing the claim in reasonable detail.
Arbitration & jury waiver. Except for claims for injunctive relief or unpaid fees, any dispute that is not resolved informally will be finally resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, with the arbitration seated in [County], Florida. Each party waives any right to a jury trial and any right to bring or participate in a class action.
The Company may update these Terms from time to time. Non-material changes take effect on posting. Material changes take effect thirty (30) days after notice by email or in-app notification. Continued use of the Service after the effective date of a change constitutes acceptance. If the Customer does not accept a material change, the Customer's exclusive remedy is to terminate the affected subscription before the change takes effect and receive a pro-rata refund of unused pre-paid fees.
Entire agreement. These Terms, together with the applicable Order Form, Privacy Policy, and any DPA, constitute the entire agreement between the parties regarding the Service and supersede all prior agreements on the subject.
Assignment. Neither party may assign these Terms without the other's prior written consent, except that either party may assign to a successor in a merger, acquisition, or sale of substantially all assets, with notice to the other party.
Force majeure. Neither party is liable for delay or failure to perform (other than payment obligations) caused by events beyond its reasonable control, including natural disasters, hurricanes, pandemics, war, civil disturbance, labor actions, internet outages, and acts of governmental authority.
Notices. Notices to the Company must be sent to [legal@yourdomain.com]. Notices to the Customer are effective when sent to the primary administrator email on file.
Independent contractors. The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.
No third-party beneficiaries. These Terms are for the benefit of the parties only and do not create rights in any third party.
Severability. If any provision of these Terms is held unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remainder of these Terms will remain in effect.
Waiver. A party's failure to enforce a right is not a waiver of that right.
Headings. Section headings are for convenience only and do not affect interpretation.
Questions about these Terms should be directed to:
Manage It Easy
[Legal Entity Name]
[Street address, City, FL ZIP]
[legal@yourdomain.com]