Terms of Service

1. Definitions

In these Terms of Service:

"Service" or "Platform" refers to the Ellipse AI-powered leasing assistant and property management software provided by H2L Marketing Inc.
"Company," "we," "us," or "our" refers to H2L Marketing Inc., the provider of Ellipse.
"Customer," "you," or "your" refers to the business entity or individual entering into this agreement.
"User" refers to any individual authorized by Customer to access and use the Service.
"Property Data" refers to all information related to rental properties managed through the Platform.
"AI Services" refers to artificial intelligence features including chatbots, automated responses, and leasing assistance.

2. Agreement to Terms

By accessing or using the Ellipse platform, you agree to be bound by these Terms of Service. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these terms.

These Terms constitute the entire agreement between you and H2L Marketing Inc. regarding the use of the Service, superseding any prior agreements.

3. Services Description

3.1 Platform Features

Ellipse provides:

AI-powered leasing assistant for automated prospect communication
Property management dashboard and tools
Virtual phone system integration for calls and SMS
CRM integration capabilities (Appfolio, Knock, and others)
Automated lead tracking and follow-up
Reporting and analytics tools
Multi-user account management

3.2 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time. We will provide reasonable notice of material changes that adversely affect your use of the Service.

4. Account Registration

4.1 Account Creation

To use the Service, you must create an account providing accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials.

4.2 User Management

You may create sub-accounts for your team members. You are responsible for all activities that occur under your account and sub-accounts.

4.3 Security

You must immediately notify us of any unauthorized use of your account. We offer two-factor authentication and strongly recommend enabling it for account security.

5. Payment Terms

5.1 Subscription Fees

The Service is provided on a subscription basis with monthly billing cycles. Pricing is based on:

Standard properties (100+ units): Tiered pricing starting at $499/month
Unit-based properties (under 100 units): $5 per unit per month

5.2 Billing

Subscription fees are billed monthly in advance. Properties added mid-cycle will be charged a prorated amount for the remainder of the billing period.

5.3 Payment Methods

We accept payment via credit card, debit card, and ACH transfer through our payment processor, Stripe. You authorize us to charge your selected payment method for all fees.

5.4 Late Payments

If payment is not received within 10 days of the due date, we may suspend your access to the Service until payment is received.

5.5 Taxes

All fees are exclusive of taxes. You are responsible for all applicable taxes related to your use of the Service.

6. Service Level Agreement

6.1 Availability

We strive to maintain 99.5% uptime for the Service, measured monthly. This excludes scheduled maintenance windows.

6.2 Support

We provide customer support via email and scheduled meetings. Response times:

Critical issues: Within 4 business hours
High priority: Within 1 business day
Normal priority: Within 2 business days

6.3 Maintenance

Scheduled maintenance will be performed during off-peak hours with at least 48 hours advance notice when possible.

7. Data Ownership and Protection

7.1 Customer Data Ownership

You retain all rights, title, and interest in your Property Data and any other data you submit to the Service. We claim no ownership rights over your data.

7.2 Data Use

We will only use your data to:

Provide and improve the Service
Respond to your requests and support needs
Comply with legal obligations
Generate anonymized analytics (with your consent)

7.3 Data Security

We implement industry-standard security measures including:

Encryption of data in transit and at rest
Regular security audits and updates
Access controls and authentication
Regular data backups

7.4 Data Portability

You may export your data at any time through the Platform's export features or by contacting support.

7.5 Data Retention

We retain your data for the duration of your subscription. After account termination, data is retained for 90 days before deletion unless legally required to retain it longer.

8. Intellectual Property

8.1 Platform Ownership

The Service, including all software, designs, text, images, and other content, is owned by H2L Marketing Inc. and protected by intellectual property laws.

8.2 License Grant

We grant you a limited, non-exclusive, non-transferable license to access and use the Service for your business purposes during your subscription term.

8.3 Feedback

Any feedback, suggestions, or ideas you provide about the Service may be used by us without restriction or compensation to you.

8.4 Third-Party Content

The Service may contain links to third-party websites or services. We are not responsible for third-party content or services.

9. Acceptable Use Policy

You agree not to:

Use the Service for any illegal purpose or in violation of any laws
Transmit spam, viruses, or harmful code
Attempt to gain unauthorized access to the Service or other accounts
Interfere with or disrupt the Service or servers
Reverse engineer or attempt to extract the source code of the Service
Use the Service to harass, abuse, or harm others
Violate the privacy rights of individuals
Exceed reasonable use limits or abuse the AI services
Share your account credentials with unauthorized parties
Use the Service in violation of TCPA, CAN-SPAM, or other communication laws

10. Confidentiality

Each party agrees to keep confidential all non-public information received from the other party that is designated as confidential or that reasonably should be understood to be confidential.

This obligation does not apply to information that:

Is or becomes publicly known through no breach by the receiving party
Was rightfully known by the receiving party prior to disclosure
Is independently developed without use of confidential information
Must be disclosed by law or court order

11. Warranties and Disclaimers

11.1 Mutual Warranties

Each party warrants that it has the legal power and authority to enter into this agreement.

11.2 Service Warranty

We warrant that the Service will perform materially in accordance with the documentation. Your sole remedy for breach of this warranty is correction of the Service or, if we cannot correct it, termination and refund of prepaid fees.

11.3 Disclaimer

EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICE IS PROVIDED "AS IS" AND WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

11.4 AI Services Disclaimer

AI-generated responses may contain errors or inaccuracies. You are responsible for reviewing and approving all AI-generated content before it is sent to prospects or residents.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA, OR USE.
OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM.
THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY.

Some jurisdictions do not allow limitation of liability, so these limitations may not apply to you.

13. Indemnification

You agree to indemnify, defend, and hold harmless H2L Marketing Inc., its officers, directors, employees, and agents from any claims, damages, losses, and expenses (including legal fees) arising from:

Your use of the Service
Your violation of these Terms
Your violation of any rights of another party
Your Property Data or content
Your violation of applicable laws or regulations

14. Termination

14.1 Term

These Terms commence when you first access the Service and continue until terminated.

14.2 Termination by You

You may terminate your subscription at any time through your account settings. Termination takes effect at the end of your current billing period.

14.3 Termination by Us

We may terminate or suspend your account immediately if:

You breach these Terms
You fail to pay fees when due
We are required to do so by law
We discontinue the Service

14.4 Effect of Termination

Upon termination:

Your access to the Service will cease
You remain liable for all fees incurred
You may request data export within 30 days
We will delete your data after 90 days unless legally required to retain it

15. Dispute Resolution

15.1 Informal Resolution

Before filing a claim, each party agrees to try to resolve the dispute informally by contacting the other party.

15.2 Arbitration

If informal resolution fails, any dispute shall be resolved through binding arbitration under the rules of the American Arbitration Association. The arbitration shall be conducted in English and held virtually or in the state where our headquarters are located.

15.3 Exceptions

Either party may seek injunctive relief in court for violations of intellectual property rights or confidentiality obligations.

15.4 Class Action Waiver

You agree to resolve disputes with us on an individual basis and waive any right to bring or participate in a class action.

16. General Provisions

16.1 Governing Law

These Terms are governed by the laws of the United States and the state in which H2L Marketing Inc. is incorporated, without regard to conflict of law principles.

16.2 Entire Agreement

These Terms, together with our Privacy Policy and any applicable Order Forms, constitute the entire agreement between you and us.

16.3 Modifications

We may modify these Terms at any time. We will notify you of material changes at least 30 days before they take effect. Your continued use of the Service constitutes acceptance of the modified Terms.

16.4 Assignment

You may not assign these Terms without our prior written consent. We may assign our rights and obligations without restriction.

16.5 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

16.6 Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.

16.7 Force Majeure

Neither party shall be liable for any delay or failure to perform due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

16.8 Export Compliance

You agree to comply with all applicable export and import laws and regulations.

16.9 Government Use

If you are a U.S. government entity, the Service is provided as a "Commercial Item" under applicable acquisition regulations.

17. Contact Information

For questions about these Terms of Service, please contact us at:

H2L Marketing Inc.
Email: privacy@ellipseleasing.com
Website: https://ellipseleasing.com

For support inquiries, please use the in-app meeting scheduler or contact your account representative.