Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of PropSala's property maintenance management platform, website at propsala.com, and SMS messaging services (collectively, the "Service"), operated by PropSala ("we," "us," or "our").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, you may not use the Service. If you are using the Service on behalf of a business or organization, you represent that you have authority to bind that entity to these Terms.

2. Description of Service

PropSala provides a software platform that allows property landlords ("Landlord Users") to:

• Manage rental properties, units, and tenant information
• Receive and track maintenance requests submitted by tenants via SMS
• Use AI-powered triage to assess and categorize maintenance issues
• Communicate with tenants through an automated SMS messaging system
• Manage contractors and track resolution of maintenance issues

Tenants ("Tenant Users") interact with the Service exclusively through SMS text messages sent to a shared Twilio phone number assigned to their landlord's account and through a public request tracking page.

3. Eligibility

You must be at least 18 years of age to use the Service as a Landlord User. The Service is intended for use in the United States. By using the Service, you represent and warrant that you meet these eligibility requirements.

4. Landlord User Accounts

4.1 Account Registration

To use the landlord dashboard, you must register for an account by providing your name, email address, and a password. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.

4.2 Accuracy of Information

You agree to provide accurate, current, and complete information during registration and to update such information as necessary to keep it accurate.

4.3 Landlord Responsibilities

Landlord Users are solely responsible for:

• Obtaining proper consent from tenants before enrolling them in SMS communications
• Ensuring tenant phone numbers are accurate and belong to the intended tenants
• Complying with all applicable landlord-tenant laws in their jurisdiction
• Acting on maintenance requests in a timely and legally compliant manner
• Not using the Service for any unlawful purpose or in violation of any tenant's rights

5. SMS Messaging Terms

5.1 Nature of SMS Communications

The Service sends automated, transactional SMS text messages to tenant phone numbers provided by Landlord Users. These messages relate solely to maintenance requests, status updates, and service information. The Service does not send marketing or promotional SMS.

5.2 Tenant Consent

Landlord Users are responsible for obtaining prior express written consent from tenants to receive automated SMS messages before enrolling them in the Service. By enrolling a tenant, the Landlord User represents that such consent has been obtained.

5.3 Opt-Out

Tenants may opt out of SMS communications at any time by replying STOP to any message. Upon receiving a STOP reply, the Service will send one final confirmation and will not send further messages to that number. Tenants may re-subscribe by replying START.

5.4 Message Frequency & Rates

Message and data rates may apply. Message frequency varies. PropSala is not responsible for any charges imposed by mobile carriers.

5.5 HELP

Tenants may reply HELP to receive support information. For additional assistance, contact us at support@fixomation.com.

5.6 Carrier liability

Carriers are not liable for any delayed or undelivered messages.

5.7 No Guarantee of Delivery

SMS delivery is dependent on third-party carriers and Twilio. We do not guarantee delivery of any SMS message. Carrier filtering, network issues, or incorrect phone numbers may prevent delivery.

6. AI-Powered Triage Disclaimer

The Service uses artificial intelligence (AI) to analyze maintenance reports and provide triage recommendations, severity assessments, and estimated costs. These are automated suggestions only and do not constitute professional advice of any kind.

• AI assessments may be inaccurate, incomplete, or misleading
• Cost estimates are approximations based on general data and may not reflect actual costs
• Severity classifications do not replace professional inspection by a licensed contractor
• DIY instructions provided by the AI are general guidance only and do not account for your specific unit's condition, building age, local code, or any occupant's personal physical ability to safely perform the task
• In any life-threatening emergency, always call 911 immediately

Landlord Users are solely responsible for evaluating AI triage results and making all maintenance decisions. PropSala is not liable for any harm resulting from reliance on AI-generated triage information.

PROPSALA IS A COMMUNICATION PLATFORM, NOT A LICENSED CONTRACTOR, INSPECTOR, OR ENGINEER. No content generated by our AI constitutes a professional opinion or replaces a qualified on-site inspection.

6a. DIY Guidance Disclaimer

Any do-it-yourself instructions provided by the Service are general informational guidance only. You (or your tenant) follow them entirely at your own risk.

PropSala expressly disclaims all liability for property damage, personal injury, code violations, or any other harm arising from attempting any repair or maintenance task described by the AI. This includes but is not limited to injuries from falls, electrical shock, burns, exposure to hazardous materials, or structural failures.

When in doubt, always hire a licensed professional. Never instruct a tenant to perform a task that requires a licensed contractor in your jurisdiction.

6b. Contractor Disclaimer

PropSala does not employ, license, endorse, recommend, or guarantee any contractor. Contractors displayed or dispatched through the platform are independent third parties selected by the Landlord User.

Landlord Users are solely responsible for:

• Verifying contractor credentials, licensing, and insurance before authorizing work
• Ensuring contractors comply with all applicable local, state, and federal regulations
• All agreements, payments, and disputes with contractors

PropSala is not a party to any agreement between a Landlord User and a contractor and bears no liability for contractor performance, workmanship, conduct, or any harm caused during or after any repair.

7. Acceptable Use

You agree not to use the Service to:

• Violate any applicable law or regulation
• Harass, threaten, or intimidate tenants or other users
• Send spam, unsolicited messages, or marketing content via the SMS system
• Enroll phone numbers without the owner's consent
• Impersonate any person or entity
• Attempt to gain unauthorized access to any part of the Service or its infrastructure
• Interfere with or disrupt the Service or servers or networks connected to the Service
• Scrape, crawl, or extract data from the Service without permission
• Upload or transmit viruses, malware, or any other malicious code

8. Intellectual Property

The Service, including all software, designs, logos, text, and content created by PropSala, is owned by PropSala and protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the Service for its intended purpose.

You retain ownership of all content you submit through the Service (maintenance descriptions, photos, property information). By submitting content, you grant us a limited license to use, store, and process that content solely to provide the Service.

9. Privacy and Data Usage

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

Conversation data, maintenance descriptions, and photos submitted through the Service may be used to improve our AI triage accuracy and diagnostic quality, subject to the individual tenant's data training consent setting, which can be withdrawn at any time by replying STOP to any message or by contacting support@fixomation.com.

We do not sell your data or your tenants' data to third parties. Data shared with our AI processing providers (Anthropic, Google) is used solely to provide the Service and is subject to those providers' data processing agreements.

10. Third-Party Services

The Service relies on third-party providers including Twilio (SMS), Anthropic and Google (AI processing), and cloud infrastructure providers. Your use of the Service is subject to those providers' terms of service and privacy policies. We are not responsible for the acts or omissions of third-party providers.

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, error-free, or free of viruses or other harmful components. We do not warrant that AI triage results will be accurate or complete.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PROPSALA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

13. Indemnification

You agree to indemnify, defend, and hold harmless PropSala and its officers, directors, employees, contractors, and agents from and against any claims, damages, losses, costs, and expenses (including reasonable attorney's fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any applicable law or regulation
• Your failure to obtain proper tenant consent for SMS communications
• Any content you submit through the Service

14. Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, if you violate these Terms or engage in conduct we deem harmful to the Service or other users.

You may terminate your account at any time by contacting us at support@fixomation.com. Upon termination, your right to use the Service will immediately cease.

15. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict of law provisions.

Any dispute arising under these Terms shall first be attempted to be resolved through good-faith negotiation. If unresolved, disputes shall be submitted to binding arbitration in Dallas, Texas under the rules of the American Arbitration Association, except that either party may seek injunctive or other equitable relief in any court of competent jurisdiction.

You waive any right to participate in a class action lawsuit or class-wide arbitration against PropSala.

16. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by updating the "Last updated" date and, where appropriate, notifying Landlord Users by email. Your continued use of the Service after changes are posted constitutes your acceptance of the revised Terms.

17. Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force and effect.

18. Contact Us

For questions about these Terms, please contact us: