Terms and Conditions

These Terms of Use (the “Terms”) govern your (“you”, or the “user”) ****use of the Daisy Management LLC (the “Company”, or “We”) property management services, available through our website located at www.daisyliving.com (the “Website”), and web and mobile applications, (each, an “App” and collectively, “Apps”) that facilitate the provision of such services  (collectively, the functionality provided by the Website and Apps referred to as the “Service”). By clicking the “I accept” button, downloading and installing the Apps or using the Service, you acknowledge that you have read and understood these Terms and agree to be bound by them. If not, do not download the Apps or use the Website or Service.

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING, BROWSING OR USING THE WEBSITE OR SERVICE, CLICKING ON THE “I ACCEPT” BUTTON, COMPLETING THE REGISTRATION PROCESS, AND/OR DOWNLOADING THE APP, YOU REPRESENT (1) THAT YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH COMPANY, AND (2) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS OF USE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE WEBSITE, APP OR SERVICES.

About Daisy

Generally. We provide certain property management services to residential properties (“Properties”). In order to facilitate the provision of such services, and in order to benefit from such services, it is recommended to each of the tenants of such Properties to download and use the Apps. You agree that any information you provide when for the receipt of Services is true, accurate, current and complete, and, where applicable, you will update all such information as necessary to maintain its truth, accuracy and completeness.


Licenses and Restrictions

Ownership Rights and License

As between you and Company, the Company Properties, including any design, layout, logo, text, code, and graphics contained within the App and Website (the “Company Content”) are, and shall remain the sole property of Company (or its licensors, as applicable) and is subject to protection under U.S. and foreign copyright or trade mark laws. Other trademarks, logos, and images that are available in connection with our Service are the property of their respective owner (each an “Owner”), which may or may not be affiliated with, connected to, or sponsored by Company.


Communications

The Company reserves the right to contact you from time to time for feedback about the Services, including feedback and reviews regarding the Services performed by Managers (as defined below), and for service and support related issues. We reserve the right to contact you through email and text messages, or notices posted on the Website or in your App. Notices will be deemed effective at the time they are sent by the Company or as of the date they are posted, regardless of whether you have actually read any such notices.


Code of Conduct

Due to the personalized nature of the Services you may, from time to time, personally interact with our onsite property managers (“Managers”), as well as doormen, concierge, porters or any other building employees (“Staff”). You acknowledge that all members of Staff are human beings that deserve your respect, and accordingly, you agree that you shall not: (i) physically harm, threaten to harm, or intentionally or recklessly cause harm to the Staff or create a condition that endangers the health and safety of the Staff; (ii) make or attempt any unwanted sexual advance or statement to the Staff; (iii) threaten, harass, stalk, intimidate, or engage in any other aggressive or bullying behavior against the Staff; (iv) use any vulgar or obscene language or otherwise engage in behavior that is likely to make others feel uncomfortable, embarrassed or offended; or (v) engage in any behavior that discriminates against the Staff because of the individual’s race, color, sex, age, national origin, handicap, sexual orientation or religion. Any violation of our Code of Conduct shall be deemed a material breach of these Terms, and the Company may terminate access and use of the Services immediately.


No Warranty

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE COMPANY PROPERTIES IS AT YOUR SOLE RISK AND THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY PROPERTIES, SERVICES, AND ANY COMPANY CONTENT, ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE COMPANY PROPERTIES, SERVICES, THE MANAGERS AND ANY COMPANY CONTENT, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. COMPANY DOES NOT WARRANT THAT THE COMPANY PROPERTIES, MANAGERS AND ANY COMPANY CONTENT, WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE COMPANY PROPERTIES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE COMPANY PROPERTIES WILL BE CORRECTED, OR THAT THE SERVICE WILL BE AVAILABLE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COMPANY OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. EXCLUDING THE COMPANY’S OR ITS MANAGER’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE COMPANY HEREBY DISCLAIMS ALL DAMAGES TO YOUR PERSONAL AND REAL PROPERTY ARISING FROM REASONABLE WEAR AND TEAR OR ORDINARY CARELESSNESS OF THE COMPANY AND ITS MANAGERS, INCLUDING, WITHOUT LIMITATION, LOST KEYS. YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY MAY UTILIZE THIRD PARTY APPS, AND OTHER THIRD PARTY SERVICE PROVIDERS TO PERFORM THE SERVICES, AND THAT THE COMPANY HAS NO CONTROL OR ABILITY TO CONTROL SUCH THIRD PARTY APPS OR THIRD PARTY SERVICE PROVIDERS. ACCORDINGLY, COMPANY HEREBY DISCLAIMS ANY AND ALL WARRANTIES AND LIABILITY WITH RESPECT TO SUCH THIRD PARTY APPS AND THIRD PARTY SERVICES.


Limitation of Liability


TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE COMPANY PROPERTIES, ANY COMPANY CONTENT, ANY INFORMATION AVAILABLE ON THE SERVICE, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH THE MANAGERS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


Privacy

Company’s Privacy Policy, available online here www.daisyliving.com/privacy-policy is hereby incorporated by reference.


Feedback

If you provide Company with any feedback or suggestions regarding the App, Website or Services (“Feedback”), you hereby assign to Company all rights in the Feedback and agree that Company shall have the right to use such Feedback and related information in any manner it deems appropriate without any right to any compensation. Company will treat any Feedback you provide to Company as non-confidential and non-proprietary. You agree that you will not submit to Company any information or ideas that you consider to be confidential or proprietary.


Choice of Law and Forum

These Terms of Use will be governed by, and construed under, the laws of the State of New York, without regard to its principles of conflicts of laws. You expressly agree that the exclusive jurisdiction for any claim, suit or action arising out of or relating to these Terms of Use or your use of the Services will be filed only in the state or federal courts located in the State of New York, and you agree to submit to the personal jurisdiction of such courts.


Company Name and Address

Company’s contact information for any end-user questions, complaints or claims with respect to Company Properties is info@daisyliving.com.


Indemnification

You agree to indemnify, defend, release, and hold harmless Company, its partners, licensors, affiliates, contractors, officers, directors, employees and agents (collectively, the “Company Parties”) from all damages, losses and expenses arising directly or indirectly from (a) any negligent acts, omissions or willful misconduct by you, (b) your use of the Company Properties, (c) any breach of these Terms by you, and/or (d) your violation of any law or of any rights of any third party.The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.


Equitable Remedies

You hereby agree that if these Terms are not specifically enforced, Company will be irreparably damaged, and therefore you agree that Company shall be entitled, without bond, other security, proof of damages, to appropriate equitable remedies with respect to any of these Terms, in addition to any other available remedies.


Change to these Terms

PLEASE NOTE THAT THE TERMS ARE SUBJECT TO CHANGE BY COMPANY IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, Company will make a new copy of the Terms of Use available at the Website and within the App. We will also update the “Last Updated” date at the bottom of these Terms. Company may require you to provide consent to the updated Terms in a specified manner before further use of the Website, App and/or the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Company Properties; otherwise, your continued use of the Company Properties constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE AND APP TO VIEW THE THEN-CURRENT TERMS.


Termination

Company may cancel, suspend or block your use of the Service without notice if there has been a violation of these Terms. Company is not responsible or liable for any records or information that is made unavailable to you as a result of your termination. YOU AGREE THAT COMPANY WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SERVICE. Any limitations of liability that favor Company will survive the expiration or termination of these Terms for any reason.


Miscellaneous

Company’s failure to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All contracts completed electronically will be deemed admissible for all legal purposes to be in writing and legally enforceable as a signed writing.

Last Updated: December 1st, 2020