Terms of use

01 This agreement

These terms are between you and FASHTI LLC, a limited liability company registered in California, referred to here as Fashti, we or us. By using this website you accept these terms. If you do not accept them, please do not use the site.

Where your organisation has entered into a separate written agreement with us for the Fashti platform, that agreement governs the platform and takes precedence over these terms to the extent of any conflict. These terms continue to apply to the website.

02 Use of the website

You may use this website to learn about our service and to contact us. You may not use it to attempt unauthorised access to any system, to interfere with its operation or security, to extract content by automated means at a scale that burdens the service, to misrepresent your identity or affiliation, or for any unlawful purpose.

The content here is provided for information. It describes the platform in general terms and does not form a commitment about functionality, availability or results. What we commit to for a particular customer is set out in that customer's agreement.

03 Access to the platform

Access to the Fashti platform is provided only under a written agreement with the organisation that subscribes to it. Individual accounts are issued to named people, are personal to them, and must not be shared. You are responsible for keeping your credentials confidential and for notifying us promptly if you believe an account has been compromised.

Account permissions are administered by your organisation. Your organisation decides who may view the exception queue and reporting, who may change policy configuration, and who may authorise or revoke connections to your systems.

04 Your responsibilities as a customer

The platform acts on rules you configure, using access you grant, in relation to people with whom you have a relationship. The following responsibilities therefore remain yours.

• Authority to connect. Ensuring that you have the right to grant us access to each connected system and to the data it holds.
• Accuracy of configuration. Setting qualification criteria, approval thresholds, escalation rules and permitted statements correctly, and keeping them current as your policies change.
• Legal compliance. Meeting your obligations under fair housing, tenancy, consumer protection, communications and data protection law. The platform supports compliance and records how decisions were reached; it does not assume your obligations.
• Decisions about people. Approving or declining applications, issuing notices, agreeing concessions and taking any step with a legal effect on an individual.
• Oversight. Reviewing the exception queue and acting on escalations within a timeframe appropriate to their urgency.
• Notice to individuals. Providing residents, applicants and other individuals with whatever privacy notice your own obligations require.

05 Customer data

As between you and us, you own your data and the records the platform creates on your behalf. We claim no ownership of it. We process it only to provide the service under your instructions and as described in the privacy policy and your agreement.

We do not sell customer data, use it to train or fine tune models, or combine it with other customers' data into a pooled product. You may export your data at any time in a structured format. On termination we provide an export and delete our copies on the schedule in your agreement, except where law requires retention.

We may use aggregated information that does not identify you, your staff, your residents or your properties to operate and improve the service, for example volumes of requests processed and system performance measures.

06 Connected systems and third party services

The platform connects to software operated by third parties, including the systems you choose to connect and the infrastructure, model and communication providers we use. We are not responsible for the availability, accuracy or conduct of third party services, and a change made by a provider to its interface or terms may affect what the platform can do.

Where a connection becomes unavailable, dependent workflows pause rather than operating on information we cannot verify, and you will be told which workflows are affected.

07 Service boundaries

These limits are part of how the service is designed, and are stated here so there is no ambiguity about them.

• The platform is not a property management system, an accounting system or a system of record.
• It does not provide legal, financial, tax or investment advice, and nothing it produces should be relied on as such.
• It does not make final decisions on tenancy applications, issue notices, or conduct possession or eviction proceedings.
• It is not an emergency service. Requests matching an emergency category are routed to the on call arrangement you configure, and residents are directed to the appropriate emergency services where that is the correct response.
• It identifies itself as an assistant in conversations with residents and applicants and will not be configured to represent itself as a named human member of staff.

08 Intellectual property

The platform, this website, and all software, design, text and other material we provide remain the property of Fashti and its licensors. Subject to your agreement and these terms, you receive a non exclusive, non transferable right to use the platform for your own business during the term of your subscription.

You may not copy, modify, reverse engineer, resell or create derivative works from the platform, or remove any proprietary notice, except to the extent that law expressly permits it despite this restriction.

If you give us feedback or suggestions, we may use them to improve the service without obligation to you, and doing so gives us no rights in your data.

09 Warranties and disclaimers

We will provide the platform with reasonable skill and care, and in accordance with any service commitments set out in your agreement.

Beyond that, and to the fullest extent permitted by law, the website and the platform are provided as they are and as available, without further warranty of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose and non infringement. We do not warrant that the service will be uninterrupted or free from error, that automated handling will be free from mistakes, or that any particular commercial outcome will follow from its use.

10 Liability

Nothing in these terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation.

Subject to that, and to the fullest extent permitted by law, neither party is liable for indirect, incidental, special, consequential or punitive loss, or for loss of profits, revenue, anticipated savings, goodwill or data, however arising.

Subject to the above, our total aggregate liability arising out of or in connection with the service, whether in contract, tort or otherwise, is limited to the amount paid by your organisation to us for the service in the twelve months before the event giving rise to the claim. In relation to use of this website by a person who is not a customer, our total liability is limited to one hundred United States dollars.

11 Indemnity

You will indemnify us against claims, losses and reasonable costs arising from your use of the service in breach of these terms or your agreement, from your lack of authority to grant access to a connected system, or from a decision you make about an individual, including a decision on a tenancy application, a notice or an eviction.

12 Suspension and termination

We may suspend access immediately where necessary to protect the security or integrity of the service, where required by law, or where use of the service breaches these terms in a way that creates risk to us, to you or to a third party. We will tell you why and restore access as soon as the cause is resolved.

Either party may terminate a subscription in accordance with the agreement between us. On termination, access to the platform ends, workflows stop, you revoke connector access from your own systems, open items are listed and handed to your team, and your data is exported and then deleted as described above. Provisions that by their nature should survive termination will do so.

13 Governing law and disputes

These terms are governed by the laws of the State of California, without regard to its conflict of laws rules. The state and federal courts located in Los Angeles County, California have exclusive jurisdiction over any dispute arising out of or relating to them, and both parties submit to that jurisdiction.

Before commencing proceedings, each party agrees to raise the matter in writing and to attempt in good faith to resolve it for a period of thirty days.

14 General

If any provision of these terms is held unenforceable, the remainder continues in force. A failure to enforce a provision is not a waiver of it. You may not assign your rights under these terms without our written consent; we may assign ours in connection with a merger, acquisition or sale of assets, on notice to you.

These terms, together with the privacy policy and any written agreement between us, form the entire agreement on their subject matter. We may update these terms, and the date at the top of this page shows when they last changed. Where a change materially affects a customer, we will give notice directly.

Questions about these terms can be sent to hello@fashti.co or to FASHTI LLC, 8601 Glenoaks Boulevard, Apt. 211, Sun Valley, California 91352, United States.