Terms of Service
These Terms of Service ("Terms") are an agreement between 3rd Son Properties, LLC, an Indiana limited liability company ("ParkPulse Pro," "we," "us"), and the company or person that creates a ParkPulse Pro account ("Customer," "you"). They cover the ParkPulse Pro app at app.parkpulsepro.com, the website at parkpulsepro.com, public application forms we host for you, and any related support (together, the "Service").
By creating an account, inviting users, or using the Service, you agree to these Terms. If you accept on behalf of a company, you confirm you have authority to bind it. If you sign a separate order form or agreement with us, that document controls where it conflicts with these Terms.
1. The Service
ParkPulse Pro is web-based operations software for mobile home park owners and managers. Depending on your plan, it includes a lot map, rent roll and delinquency views, notices, lease drafting, work orders, tasks, rental applications, expense tracking, file storage, team accounts and alerts. We may add, change or retire features over time, and we will not materially reduce the core functions of a paid plan during a paid term.
The Service is a business tool. It is not intended for personal, family or household use, and it is not a property management system of record. Your property management software, bank and accounting records remain your official books.
The public demo at app.parkpulsepro.com/?demo uses made-up parks and people, is shared by everyone who opens it, and is reset regularly. Do not enter real information into the demo.
2. Accounts and users
- Owner. The person who creates your company account is its first owner. Owners can invite and remove users, set roles (owner, manager, office, crew) and change company settings. You are responsible for who you invite and what role you give them.
- Sign-in. Users sign in with one-time codes sent to their own email address. Each user must have their own account. Do not share sign-in codes or let others use your account.
- Your users' actions. You are responsible for everything done under your company account, and for making sure your users follow these Terms.
- Accurate information. Keep your company details and user email addresses current. Tell us promptly at the contact below if you believe an account has been accessed without permission.
- Age. Users must be at least 18.
3. Your data
"Customer Data" means everything you or your users put into the Service, or that comes in through your imports, integrations or public application forms: park and lot details, rent rolls, tenant and applicant information, notes, notices, leases, work orders, photos, files, expenses and similar records.
- You own it. As between you and us, you own Customer Data. We claim no ownership of it.
- Our limited license. You give us permission to host, copy, process, transmit and display Customer Data only as needed to provide, secure, support and improve the Service, to prevent abuse, and to comply with law.
- No selling. We do not sell Customer Data, rent it, or use it to advertise to your tenants, applicants or anyone else.
- Aggregated statistics. We may use de-identified, aggregated information about how the Service is used (for example, how many work orders are created per month across all customers) to run and improve the Service. It will not identify you, your parks, your tenants or any individual.
- Your responsibility. You are responsible for the accuracy of Customer Data and for having the right to put it in the Service.
4. Tenant and applicant information
Customer Data often includes personal information about tenants, residents, applicants, crew and vendors. For that information, you decide what is collected and why, and we process it on your behalf and under your instructions, as described in our Privacy Policy.
- You are responsible for giving any notices and getting any consents the law requires before you collect personal information or put it in the Service, including on application forms we host for you.
- You are responsible for how you use the Service in housing decisions. You must comply with the federal Fair Housing Act and all state and local fair housing, landlord-tenant, debt collection and consumer protection laws.
- The Service does not perform tenant screening, credit checks or background checks and is not a consumer reporting agency. Do not use it to store consumer reports or to make decisions that would require it to be one.
- Do not put Social Security numbers, full bank account or card numbers, driver's license numbers, medical information, or passwords into notes, memos or other free-text fields. The Service is not designed to hold those.
- If we receive a request from a tenant or applicant about their information in your account, we will refer them to you and help you respond where reasonable.
5. Integrations and imports
The Service can read reports you export from your property management software (such as Rent Manager), reports emailed to a private import address, and, when available, direct connections to that software. Your property management software is provided by its own vendor under its own terms; we do not control it and are not responsible for it.
- Imports and syncs reflect what your software provides. Check figures that matter, such as balances used for notices, against your system of record.
- When you connect a third-party system, you authorize us to access it on your behalf using the credentials or permissions you provide, only to the extent needed to bring your data into the Service (and, where you turn it on, to send data back). You can disconnect at any time.
- Credentials you give us for a connection are stored encrypted and used only for that connection.
- Keep your private import email address confidential. Anything sent to it is treated as coming from you. You can ask us to change it at any time.
- A third party may charge you separately for its connection or change or end its interface. If that happens, the connection may stop working, and that is not a breach of these Terms.
6. Notices, leases and other documents
The Service includes general templates and tools for drafting notices, leases and similar documents. We are not a law firm and do not give legal advice. Templates are general starting points; they are not written for any particular state or situation, and the law on notice periods, required wording, service methods, fees and eviction procedure varies by state and locality and changes over time.
You are solely responsible for the content of documents you create, for having them reviewed by an attorney licensed in your state before you rely on them, and for how and when you serve or use them. We are not responsible for any outcome that results from using a template or document generated by the Service.
7. Acceptable use
You and your users will not:
- use the Service to break any law or to discriminate against anyone in housing;
- upload content you do not have the right to use, or content that is harassing, defamatory or obscene;
- upload malware or try to break, overload, probe or get around the Service's security, rate limits or access controls;
- access another company's data or try to;
- scrape the Service, use bots against it other than our supported import methods, or resell or sublicense it without our written agreement;
- copy, reverse engineer or build a competing product from the Service, except where the law does not allow this restriction; or
- use the public application form or any messaging feature to send spam.
We may suspend access, after notice when practical, if we reasonably believe an account is being used in violation of this section, is putting the Service or other customers at risk, or if required by law. We will restore access once the issue is resolved.
8. Fees, trials and payment
- Plans and price. Fees are as shown on your order form, plan page or invoice at the time you subscribe. Unless stated otherwise, fees are billed monthly in advance and are based on the number of parks or lots in your account.
- Trials and early access. We may offer a free trial or free early access. When a trial ends, the account converts to a paid plan only if you choose a plan and provide payment. Free and trial access is provided as-is and may be ended at any time.
- Renewal. Paid plans renew automatically for the same period until cancelled under section 11.
- Price changes. We will give at least 30 days' notice by email before a price change applies to you. It takes effect at your next billing period after the notice.
- Add-ons. Some connections, such as a direct link to a third-party system that charges us per customer, may carry an additional fee, which we will tell you about before you turn it on.
- Taxes. Fees do not include sales, use or similar taxes, which you will pay where applicable.
- Late payment. If a payment is more than 15 days late, we may suspend access after giving notice. Your data is not deleted because of a suspension.
- Refunds. Fees are non-refundable except where these Terms or the law say otherwise. We do not provide credits for partial months.
9. Security and backups
We use reasonable administrative, technical and physical safeguards designed to protect Customer Data, including encryption in transit, separation of each company's data, per-user sign-in with role-based permissions, and regular backups. No system is perfectly secure, and we cannot guarantee that Customer Data will never be accessed without authorization.
If we confirm that Customer Data in your account was accessed without authorization, we will notify you without undue delay, tell you what we know, and take reasonable steps to contain it. You are responsible for any notices the law requires you to give your tenants or applicants, and we will reasonably help you with the information you need.
You are responsible for the security of your users' email accounts and devices, and for keeping your own copies of records you are legally required to keep.
10. Confidentiality
Each of us may receive non-public information from the other, such as business plans, pricing or Customer Data ("Confidential Information"). The receiving party will use it only for purposes of this agreement, protect it with at least reasonable care, and share it only with employees, contractors and service providers who need it and are bound to protect it. This does not cover information that is public through no fault of the receiving party, was already known to it, is independently developed, or is lawfully received from someone else. A party may disclose Confidential Information when required by law, after giving the other party notice where allowed.
11. Term, cancellation and your data afterward
- Cancelling. You can cancel at any time by contacting us or, when available, from Settings. Cancellation takes effect at the end of the current billing period.
- Our termination. We may end these Terms on 30 days' notice for any reason, and we will refund any prepaid fees for the period after termination. We may end them sooner if you materially breach these Terms and do not fix the breach within 15 days of notice, or immediately if required by law.
- Getting your data out. For 30 days after your account ends, an owner may ask us for an export of Customer Data, and we will provide it in a common format such as JSON or spreadsheet files along with stored files.
- Deletion. After that 30-day period, we delete Customer Data from the live Service. Copies in backups are removed as those backups expire, generally within 90 days. We may keep limited records where the law requires it, such as billing records.
- Sections 3 (ownership), 6, 10, 12 through 16 and 18 continue after these Terms end.
12. Our intellectual property and feedback
We and our licensors own the Service, including its software, design, templates, name and logos. Subject to these Terms and payment of applicable fees, we grant you a non-exclusive, non-transferable right for your users to use the Service for your internal business during your subscription. ParkPulse Pro™ and the ParkPulse Pro logo are our trademarks. If you send us ideas or suggestions, we may use them without obligation to you.
13. Warranties and disclaimers
We will provide the Service in a professional manner, consistent with this agreement. If we fail to, tell us and we will work to fix it; if we cannot within a reasonable time, you may cancel and receive a refund of prepaid fees for the unused period. That is your exclusive remedy for a breach of this warranty.
EXCEPT AS STATED IN THIS SECTION, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT ALLOWED BY LAW, WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT IMPORTED OR CALCULATED FIGURES WILL BE ACCURATE, OR THAT TEMPLATES WILL MEET THE LEGAL REQUIREMENTS OF ANY JURISDICTION.
14. Limitation of liability
TO THE FULLEST EXTENT ALLOWED BY LAW, NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, RENT OR GOODWILL, EVEN IF ADVISED THEY WERE POSSIBLE.
TO THE FULLEST EXTENT ALLOWED BY LAW, EACH PARTY'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE FEES YOU PAID US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR $100 IF YOU HAVE NOT PAID ANY FEES.
These limits do not apply to your payment obligations, to either party's indemnification obligations, or to liability that cannot be limited by law.
15. Indemnification
You will defend and indemnify us against third-party claims arising from Customer Data, your use of the Service in violation of these Terms or the law (including fair housing and landlord-tenant law), or documents you create, serve or rely on through the Service, and you will pay resulting damages, settlements and reasonable attorneys' fees.
We will defend and indemnify you against third-party claims that the Service, as we provide it, infringes a U.S. patent, copyright or trademark, and pay resulting damages and settlements. If such a claim is made, we may modify the Service, get you the right to keep using it, or end your subscription and refund prepaid fees for the unused period. This does not cover claims caused by Customer Data, your modifications, or combining the Service with things we did not provide.
The party seeking protection must notify the other promptly, let it control the defense, and reasonably cooperate. No settlement may impose obligations on the protected party without its consent.
16. Governing law and disputes
These Terms are governed by the laws of the State of Indiana, without regard to its conflict-of-law rules. Before filing a claim, each party agrees to try to resolve the dispute informally by written notice and at least 30 days of good-faith discussion. Any lawsuit must be brought in the state or federal courts located in Grant County, Indiana, or the federal court for the Southern District of Indiana, and both parties consent to those courts. Either party may seek temporary injunctive relief in any court to protect its confidential information or intellectual property.
17. Changes to the Service or these Terms
We may update these Terms from time to time. If a change is material, we will give at least 30 days' notice by email to account owners or in the app before it takes effect, unless the change is required sooner by law. Continuing to use the Service after the effective date means you accept the updated Terms. If you do not agree, you may cancel before the change takes effect.
18. General
- Entire agreement. These Terms, the Privacy Policy and any order form are the entire agreement about the Service and replace earlier discussions.
- Assignment. Neither party may assign these Terms without the other's consent, except that either party may assign them to a successor in a merger, acquisition or sale of substantially all of the business or assets to which they relate, with notice to the other.
- Service providers. We use service providers to host and run the Service and remain responsible for their work under these Terms.
- Force majeure. Neither party is liable for delays caused by events beyond its reasonable control, such as outages of internet or hosting providers, natural disasters or government action. This does not excuse payment obligations.
- Notices. We send notices to the email address of your account owners. You send notices to us at the contact below.
- Independent parties. The parties are independent contractors. Nothing here creates a partnership, agency or employment relationship.
- Severability and waiver. If any part of these Terms is unenforceable, the rest stays in effect. Not enforcing a right is not a waiver of it.
- Export and sanctions. You will not use the Service in violation of U.S. export or sanctions laws.
19. Contact
3rd Son Properties, LLC (ParkPulse Pro)
1307 W. 3rd St., Marion, IN 46952
jared@3rdsonproperties.com