January 12, 2019

Terms and Conditions

Service Agreement

Inquisitores Company Service Agreement and Terms of Use

Version: October 3, 2021

Welcome to Inquisitores Company, the powerful and innovative tenant screening platform brought to you by Inquisitores Company and its subsidiary companies (“Inquisitores”).

1.     By signing up for and using Inquisitores tenant screening and any add-on features, products, or services (“Services”), you or your business, and anyone who is permitted to access and use on your behalf (“you”, “your”, or “Client”) accept and agree to be bound by the latest version of these terms (posted at https://inquisitores.com/terms-and-conditions/, which will be updated from time to time (the “Terms of Use” or “TOU”).

2.     License, Restrictions, Access.

a.     Limited License. Inquisitores licenses the Services for the business of property management, and grants you a non-exclusive, non-transferable (except as expressly permitted), limited license to access and use the Services subject to your acceptance of the latest TOU version.

b.    Limited License Restrictions. Anyone who develops, writes, sells, licenses, or otherwise offers property management to others is not allowed to license the Services. If at any time you no longer (or choose not to) meet the TOU, you may not license, use or access the Services and any previously granted license is voided. Additionally, the Services and its features, products and services cannot be licensed or used: to reverse engineer, attempt to discover or decompile source code; to study, examine, or benchmark the software; to scrape, transfer data other than your own data (such as Inquisitores-compiled Matrix or ILS data) into a searchable or any other database or system; to modify, reproduce, copy, make derivative works from, distribute, publish, or promote service bureau services; to publicly disclose, display, or train others for a fee or other consideration; to use for sales or any other demonstrations; to rent, lease, sell or resell, transfer, sublicense, assign, or time-share the software; to share or disclose your log-in credentials, any Inquisitores or Inquisitores-compiled data or information, or the Services, for any reason; or to engage in any illicit activity.

c.     Access to the Inquisitores Cloud. Inquisitores will use commercially reasonable efforts to keep the Inquisitores network including servers owned, leased and maintained by Inquisitores (sometimes called the “Inquisitores Cloud”) up and running 24-hours a day, seven days a week, excluding down-time for maintenance, repairs, and other necessary activities. You are prohibited from willfully, knowingly, maliciously or negligently doing anything to directly or indirectly disrupt, damage, interfere with, or otherwise adversely impact the Inquisitores Cloud including but not limited to introducing, transmitting or disseminating, actively or passively, any viruses, corrupted files, malware, or any other harmful or malicious data, code or the like.

d.    Inquisitores’s Know-Your-Client/Customer Identification Program (“KYC” or “CIP”). Basic information about you or your business is collected during the registration process. Depending on the additional features, products and services you license (such as tenant screening and payment processing), you may be required to provide certain additional information about you, your business, an authorized representative of your business, or anyone who own 25% or more of your company (each a “Beneficial Owner”). This information is gathered and validated by the KYC Team in order to comply with applicable Anti-Money Laundering (“AML”) and related policies. Inquisitores’ compliance with AML and related policies, and your compliance with the KYC process, are required. If the information you provide for KYC cannot be validated, or if you choose for any reason not to provide the information requested, you will be prohibited from licensing and using some features, products and services (such as tenant screening and payment processing).

3.     Length of your License (Term)

Initial Term, Subsequent Term and Final Term. You have agreed to an Initial Term (and subsequent Terms) of one-month. Your right to access the Services begins when you first purchase and register the Services (the “Effective Date”) and will continue month-to-month from the Effective Date (the “Initial Term”). If you continue to use the Services beyond the Initial Term, a new one-month term (a subsequent “Term”) will automatically begin, and if you continue to use the Services beyond a subsequent Term, another Term will begin. The term in which your license ends is the Final Term.

4.     Pricing and Billing

Inquisitores subscription is priced monthly for landlords at $9.99 and additional fees are calculated separately for each applicable product type as indicated below.

There are no hidden charges for licensing and using Inquisitores. However, some additional features, products and services (such as tenant screening and payment processing) are offered at additional fees and costs as described in the TOU that apply to those features, products and services.

The amount you owe for your use of Inquisitores and any additional features, products or services that you register for and receive is due and payable on the first day of each month of your Initial Term or subsequent Term and will be automatically charged to the credit card you provided during the registration process. BY SIGNING UP FOR INQUISITORES AND PROVIDING A CREDIT CARD, YOU WARRANT, ACKNOWLEDGE AND AGREE THAT YOU ARE AUTHORIZED TO USE THE CREDIT CARD PROVIDED AND THAT YOU AUTHORIZE INQUISITORES TO CHARGE THAT CARD EACH MONTH FOR THE SERVICES YOU LICENSE, ANY ADDITIONAL FEATURES, PRODUCTS OR SERVICES REGISTER FOR AND QUALIFY TO RECEIVE, AND ALL APPLICABLE TAXES. To avoid the consequences for a failure to pay as described in the TOU, it is your responsibility to provide and maintain a valid credit card within Inquisitores.

5.     Right to Terminate and Survival

a.     Your Right to Terminate. A 30-day Notice is required. If you cancel on or before the 30th day of your Initial Term, you will not be charged for your use of the Services, but you will still be responsible for any charges you may have incurred for additional services, such as tenant screening. If you elect to terminate your license after the Trial Period but before the end of your Initial or any subsequent Term, you will continue to have access to the Services and be responsible for all fees and charges through the end of your Final Term.

AT THE END OF YOUR FINAL TERM, YOUR ACCESS TO THE SERVICES WILL END AND FOR SAFETY AND SECURITY REASONS ALL OF THE PROPERTY MANAGEMENT AND OTHER DATA RELATED TO YOUR USE OF THE SERVICES WILL BE PERMANENTLY DELETED. IF YOU WISH TO SAVE ANY DATA, YOU MUST DO SO BEFORE THE END OF THE FINAL TERM.

To terminate your license, you must contact a Inquisitores by providing a written 30-day Notice to:

Inquisitores Company
Attn: Terminations
5401 W. Lawrence Ave #300813
Chicago IL 60630-0813

b.    Inquisitores’s Right to Terminate. Terminations by Inquisitores are extraordinarily rare but may arise if, for example, you: materially violate the TOU; violate or threaten to violate legal or regulatory obligations; use the Services for any improper purpose whatsoever; threaten or cause harm to Inquisitores or a third party; as required by law; and the like, as determined by Inquisitores in its sole discretion. If your account is terminated under this section, Inquisitores will make a reasonable effort to notify you in advance, but in certain cases, as determined by Inquisitores in its sole discretion, your access to the Services may end and data permanently deleted without notice.

c.     Failure to Pay. If for any reason your payment is declined, returned, or cannot otherwise be processed you will be notified by email at the email address on file for your billing point of contact. If after you receive such notice, you wish to dispute the status of your account, you MUST do so in writing within 10 days from the date of the notice.

IF YOU DO NOT SUBMIT A WRITTEN DISPUTE, IF YOU AND INQUISITORES ARE UNABLE TO REACH A MUTUALLY AGREEABLE RESOLUTION, OR IF YOUR ACCOUNT IS NOT BROUGHT INTO GOOD STANDING WITHIN 30 CALENDAR DAYS FROM THE DATE OF THE NOTICE, YOUR ACCESS TO INQUISITORES WILL TERMINATE AND FOR SAFETY AND SECURITY REASONS ALL PROPERTY MANAGEMENT AND OTHER DATA RELATED TO YOUR USE OF THE SERVICES WILL BE PERMANENTLY DELETED. IF YOU WISH TO SAVE ANY DATA, YOU MUST DO SO BEFORE THE END OF THESE 30 CALENDAR DAYS.

The address for submitting a written dispute is

Inquisitores Company
Attn: Legal Department
5401 W. Lawrence Ave #300813
Chicago IL 60630-0813

d.    Survival. Your obligations under Sections 2, 3 and 4 of the TOU, any other obligations you have to protect information that does not belong to you, and your obligation to pay as agreed continue through the end of the Final Term even if you stop using the Services or cancel, or are terminated per the TOU.

6.     Support and Training

To get started, visit www.Inquisitores.com.

Chat Support. If you are a registered Services user, you may have access to built-in live chat support via the “Chat With Us” icon within the Services during most business hours (times will vary depending on where you are located).

Phone Support. Inquisitores includes 8 hours of free phone support for training, set-up and on-going support. If you use all 8 hours, you can still access phone support at a cost of $120 per hour (billed in 15-minute increments, meaning a call lasting from 1 to 15 minutes is $30; a call lasting from 16-30 minutes is $60, etc.).

Training. Registered Services users also may have access to various on-screen tours and tutorials. Access to these resources is available within the Services.

7.     Authorized Users and Passwords

Authorized Users. You agree that you will not allow anyone to log into the Services for any purpose that is inconsistent with or prohibited by the TOU. Only you or the individuals you have expressly authorized to manage properties on your behalf are authorized to access and use the Services, subject to the TOU.

Passwords. Always observe good password security practices, including when using the Services. It is your sole and exclusive responsibility to protect your password. Inquisitores will make a reasonable effort to work with you to restore a backup of data that is lost or corrupted because your password was compromised or obtained and used by someone without authorization, but Inquisitores shall not be liable to you or anyone for any data loss, corruption, password issues, or the like.

8.     Data Ownership, Data Protection and Limitation of Liability

a.     Data Ownership. Data related to any properties you own or manage and that you have entered into the Services is hosted by Inquisitores in the Inquisitores Cloud at no additional cost to you, but this data does not belong to Inquisitores. Subject to the TOU, you may copy, delete and export this data at any time using the standard reports available with the Services. YOU HEREBY WARRANT, ACKNOWLEDGE AND AGREE THAT IT IS YOUR SOLE AND EXCLUSIVE RESPONSIBILITY TO PRESERVE ANY DATA THAT IS IMPORTANT TO YOU, OR THAT YOU HAVE A LEGAL OBLIGATION TO PRESERVE, INCLUDING IN CONNECTION WITH A SUBPOENA OR ANY OTHER LEGAL PROCEEDING; AND THAT YOU SHALL INDEMNITY AND HOLD INQUISITORES HARMLESS FOR THE DELETION OF ANY DATA BY YOU OR INQUISITORES, AS PERMITTED BY THE TOU, EVEN IF YOU WERE UNDER AN OBLIGATION TO PRESERVE IT.

b.    Data Protection. Inquisitores takes the protection of highly sensitive tenant data in the Inquisitores Cloud seriously and uses firewalls and other commercially reasonable technology generally used in the industry to prevent unauthorized third-party access to and the inadvertent loss of such hosted data. Inquisitores uses commercially reasonable encryption technology generally used in the industry to protect highly sensitive tenant data that is being transmitted or that is stored or “at rest” in the Inquisitores Cloud.

c.     LIMITATION OF LIABILITY. NOTWITHSTANDING THE FOREGOING, INQUISITORES SHALL NOT BE LIABLE TO YOU IF: (I) ITS USE OF FIREWALLS AND OTHER TECHNOLOGY FAILS TO PREVENT UNAUTHORIZED THIRD-PARTY ACCESS TO ANY DATA HOSTED IN THE INQUISITORES CLOUD; OR (II) ITS USE OF ENCRYPTION TECHNOLOGY FAILS TO PREVENT UNAUTHORIZED THIRD PARTIES FROM ACCESSING ANY DATA DURING TRANSMISSION OR THAT IS AT REST IN THE INQUISITORES CLOUD. NOTHING IN THE TOU SHALL CONSTITUTE A REPRESENTATION, GUARANTEE OR WARRANTY BY INQUISITORES THAT HOSTED DATA SHALL BE INACCESSIBLE TO UNAUTHORIZED THIRD PARTIES.

9.     Confidentiality, Exceptions, Disclosure Obligations, and Returning Confidential Information

a.     Protecting Confidential Information. Confidential Information means the property and tenant data that you manage using the Services, and all Inquisitores data including but not limited to all data and information that is patented, copyrighted, constitutes a trade secret, or any other information of any kind that belongs to Inquisitores. You and Inquisitores agree not to disclose the other’s Confidential Information to any unauthorized third party, except as described below or as expressly permitted by the TOU. Your Confidential Information is and shall always remain yours, and Inquisitores’s Confidential Information is and shall at times remain Inquisitores’s, and except for the license expressly granted in the TOU, there is no other right, license or right granted, express or implied, to use or disclose the Confidential Information of one party by the other party.

b.    Protection Exceptions. Your and Inquisitores’s obligation to protect the other’s Confidential Information does not apply if the information: (1) is by definition not confidential; (2) is no longer confidential (through no fault of the party that would like to disclose it); (3) was obtained by or already in the possession of the party that wants to disclose it, provided it was obtained properly and without violating the TOU or any prior existing obligation to keep it confidential; or (4) was independently developed (without having used, referred to, or relied on the other party’s Confidential Information) by the party that wants to disclose it.

c.     Inquisitores’s Obligation to Disclose. From time to time, Inquisitores may receive a legal request from a third party in the form of a subpoena, search warrant, or other legal process (a “Disclosure Demand”) that requires Inquisitores to disclose certain Confidential Information that belongs to you and that is in Inquisitores Cloud. When this happens, Inquisitores will notify you that it has received the Disclosure Demand (unless Inquisitores is legally prohibited from doing so, such as due to a grand jury proceeding or sealed search warrant, for example). If you receive a Disclosure Demand notice from Inquisitores, you can either: (1) take no action; or (2) take steps, at your own expense, to prevent Inquisitores from complying with the Disclosure Demand. TAKING STEPS TO PREVENT INQUISITORES FROM COMPLYING WITH A DISCLOSURE DEMAND WILL LIKELY REQUIRE YOU TO TAKE PROMPT, APPROPRIATE LEGAL ACTION, WHICH INQUISITORES CANNOT AND SHALL NOT PROVIDE. If you take no action, or if the action you take is untimely or unsuccessful, Inquisitores will comply with the Disclosure Demand as required.

d.    Returning Confidential Information. As noted elsewhere in the TOU, it is your sole responsibility to copy and retain any data related to any properties you own or manage that you have entered into the Services and that does not belong to Inquisitores. Inquisitores may permanently delete such data as set forth in the TOU, but Inquisitores will not deliver this data to you. Upon termination or the end of your Final Term, you have five business days to return to Inquisitores any Inquisitores Confidential Information you may have in your possession, custody or control, if any, in any form. 

10.   LIMITED WARRANTY, DISCLAIMERS, WAIVERS, REMEDIES, AND LIABILITY LIMITATIONS

a.     Limited Services Warranty and Your Remedies for Breach. Inquisitores warrants that the Services does not infringe on or misappropriate any third-party proprietary information, trademark, copyright, patent rights, intellectual property rights, or trade secrets. Any damages for a breach of this Limited Services Warranty by Inquisitores are strictly limited by the TOU. IF INQUISITORES BREACHES THIS LIMITED SERVICES WARRANTY TO YOU, INQUISITORES AGREES TO USE COMMERCIALLY REASONABLE EFFORTS TO MODIFY THE LICENSED PROGRAMS SO THEY CONFORM TO THIS WARRANTY. INQUISITORES WILL NOTIFY YOU IF IT IS NOT COMMERCIALLY REASONABLE FOR IT TO MAKE SUCH MODIFICATIONS, WILL IMMEDIATELY TERMINATE YOUR RIGHT TO ACCESS AND USE THE SERVICES WITHOUT ANY PAYMENT PENALTY, WHICH SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. IF UNDER THIS WARRANTY YOU DO NOT ACCEPT INQUISITORES’S MODIFICATIONS, YOU MUST NOTIFY INQUISITORES IN WRITING WITHIN 30 CALENDAR DAYS AND AT THE CONCLUSION OF THESE 30 DAYS YOUR RIGHT TO ACCESS AND USE THE SERVICES WILL TERMINATE WITHOUT ANY PAYMENT PENALTY, WHICH SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.

b.    WARRANTY DISCLAIMER. EXCEPT AS EXPRESSLY SET FORTH IN THE “LIMITED SERVICES WARRANTY,” INQUISITORES DISCLAIMS TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES WITH REGARD TO THE SERVICES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE SERVICES WILL MEET YOUR SPECIFIC SERVICES, TECHNICAL, PROPERTY MANAGEMENT, OR ANY OTHER REQUIREMENTS OR EXPECTATIONS.

c.     INTERNET PERFORMANCE DISCLAIMER. INQUISITORES DOES NOT AND CANNOT CONTROL THE FLOW OF DATA VIA THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES OBTAINED BY YOU AND PROVIDED OR CONTROLLED BY THIRD PARTIES OVER WHICH INQUISITORES HAS NO CONTROL. AT TIMES, ACTIONS OR INACTIONS OF YOU AND SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT INTERNET PERFORMANCE. INQUISITORES WILL USE COMMERCIALLY REASONABLE EFFORTS TO REMEDY AND AVOID SUCH EVENTS OVER WHICH IT HAS EXCLUSIVE CONTROL BUT CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR DESPITE INQUISITORES’S BEST EFFORTS. ACCORDINGLY, INQUISITORES DISCLAIMS ANY LIABILITY RESULTING FROM OR RELATING TO INTERNET PERFORMANCE.

d.    DAMAGES WAIVER. NOTWITHSTANDING ANY OTHER TERMS, AND TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, INQUISITORES DISCLAIMS ALL OBLIGATIONS AND LIABILITIES FOR SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES, ATTORNEYS’ FEES, EXPERTS’ FEES, AND COURT COSTS (EVEN IF INQUISITORES HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), ARISING FROM OR IN CONNECTION WITH YOUR LICENSE AND USE OF THE SERVICES AND ANY ADDITIONAL FEATURES, PRODUCTS OR SERVICES, AND ANY OF THE TOU.

e.     OTHER LIABILITY LIMITATIONS AND YOUR REMEDIES. IN ADDITION TO (AND NOT IN PLACE OF) ALL OTHER LIMITATIONS SET FORTH IN THE TOU, AND TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT INQUISITORES SHALL HAVE NO LIABILITY WHATSOEVER FOR CLAIMS OR CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH YOUR LICENSE AND USE OF THE SERVICES AND ANY ADDITIONAL FEATURES, PRODUCTS OR SERVICES, EXCEPT WHERE SUCH CLAIMS OR CAUSES OF ACTION WERE CAUSED SOLELY BY INQUISITORES AND WERE DUE TO INQUISITORES’S WILLFUL MISCONDUCT, AND IN SUCH AN EVENT INQUISITORES’S MAXIMUM LIABILITY TO YOU, REGARDLESS OF THE AMOUNT OF LOSS YOU MAY CLAIM OR HAVE SUFFERED, SHALL BE LIMITED TO A REFUND OF THE FEES YOU ACTUALLY PAID TO INQUISITORES IN THE 12 MONTHS IMMEDIATELY PRIOR TO THE DATE YOU FIRST NOTIFY INQUISITORES OF YOUR CLAIM OR CAUSE OF ACTION, AND THIS REFUND IS YOUR SOLE AND EXCLUSIVE REMEDY UNDER THE TOU.

11.   Disputes. In the event of a dispute arising out of or related to the TOU or your use of the Services, you and Inquisitores will use commercially reasonable efforts, in good faith, to informally resolve the dispute. These efforts shall be confidential and protected under applicable law as compromise and settlement negotiations. If after 30 calendar days of good faith negotiations the parties are unable to reach a mutually satisfactory resolution, either party may pursue its rights and remedies under applicable law.

12.   Assignment. The TOU and your access to the Services cannot be assigned by you for any reason without the prior, express, written consent of Inquisitores, which Inquisitores may withhold in its sole discretion for any reason. Any attempted or purported assignment without the prior, express, written consent of Inquisitores is void. The TOU are binding on and inure to the benefit of both you and Inquisitores and our respective, authorized assigns, successors, and legal representatives.

13.   Governing Law and Venue. The TOU are governed and determined by the laws of the State of Illinois, without any regard to conflicts of laws rules or regulations. Any action or proceeding related to or arising out of the TOU shall be resolved only in a court of competent jurisdiction in the City of Chicago, Illinois (or, if there is no court of competent jurisdiction in the City of Chicago, Illinois, then the court of competent jurisdiction closest to the City of Chicago, Illinois), and you and Inquisitores expressly consent to the personal jurisdiction of such courts and waive any right to cause any action or proceeding to be brought or tried elsewhere.

14.   Waiver. If you or Inquisitores waive any breach of the TOU by the other party, that waiver shall not be construed as a waiver of any subsequent breach of the same or similar nature, or any other breach of any kind.

15.   Severability. If a court or other body of competent jurisdiction determines that any part of the TOU is unenforceable, you and Inquisitores expressly acknowledge and agree that all other parts of the TOU unaffected by that determination shall remain valid and enforceable.

16.   Data Use. Inquisitores may aggregate, compile, and use any data in the Services to create, offer, improve, develop or enhance the Services and any other Inquisitores products, features or services. By aggregating any such data, Inquisitores will not preserve it in a form that can be traced back to you or any tenants residing in any property you own or manage.

17.   Entire Agreement. The TOU constitute the final, complete, and exclusive agreement between you and Inquisitores pertaining to the subject matter in the TOU, and expressly replace and supersede other prior understandings or agreements, if any, and in any form. You and Inquisitores also acknowledge and agree that neither has been induced to enter into the TOU by or because of any representations, warranties, or otherwise that are not set forth in the TOU, as may be modified from time to time.

18.   Modifications. You acknowledge and agree that: (a) the TOU and any additional terms of use that apply to the features, products and services you qualify for, and license can only be modified by Inquisitores; and that (b) some features, products and services (such as payment processing or tenant screening) are subject to terms of use written and required by third parties that cannot be modified.

19.   Data Processing Addendum. Client has read, understood, and agrees to be bound by the additional terms and conditions in the latest version of the Data Processing Addendum (DPA) posted at https://inquisitores.com/data-processing-addendum/  (which will be updated from time to time and is incorporated here), and allows you to use Inquisitores’s privacy and data compliance tools.

20.   Additional Products and Services

Payment Processing Services. If you choose to license Payment Processing Services, additional terms of use (the “PPS TOU”) apply, are incorporated into the TOU, and are posted at Payment Processing Services Terms of Use posted at https://inquisitores.com/payment-processing-services-terms-of-use/.

The following Payment Processing fees apply and may be amended by Inquisitores in its reasonable and sole discretion:

ACH: $0.95 per Transaction.

Signature debit card:

1. Where Transaction amount is less than $1,000.00: $3.95 per Transaction.
2. Where Transaction amount is equal to or greater than $1,000.00 but less than $2,000.00: $4.95 per transaction.
3. Where Transaction amount is equal to or greater than $2,000.00: $9.95 per Transaction.

Credit cards: Mastercard, Visa, Discover, AMEX: 2.5%

Transaction adjustments for credit cards and debit cards:

1. Per Occurrence Fees (such as Chargebacks, and the like): $35.00 each.
2. Retrieval Fee: $35.00 each.

Tenant Screening Services. If you choose to license Tenant Screening Services, additional terms of use (the “TS TOU”) apply, are incorporated into the TOU, and are posted at Tenant Screening Services Terms of Use posted at https://inquisitores.com/tenant-screening-services-terms-of-use-ts-tou/

Price per tenant screening: $49.99

Renters Insurance Services. If you choose to license Renters Insurance Services, additional terms of use (the “RI TOU”) apply, are incorporated into the TOU, and are posted at Renters Insurance Terms of Use posted at https://inquisitores.com/renters-insurance-terms-of-use-ri-tou/.

Price per Renters Insurance: $15.00

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