Terms of Use

Terms of Use

Effective April 15^th, 2024

1. ACCEPTANCE OF TERMS

Innago, LLC (referred to as “Company,” “us” or “we”), provides the innago.com website (https://innagoinsight.com/) and the Innago mobile application (collectively referred to as the “Site”), we provide the Site and services offered on the Site (referred to as “Services” or “Offerings” or the “Platform” defined further herein), subject to your compliance with the following Terms and Conditions of Use (“Terms”), as well as any other written agreement(s) between us and you including our Privacy Policy.

We reserve the right to change these Terms from time to time with or without notice to you. You acknowledge and agree that it is your responsibility to periodically review this Site and these Terms. Your continued use of this Site and Offerings after such modifications will constitute acknowledgment and acceptance of the modified Terms.

As used in these Terms, references to our “Affiliates” include our owners/members, licensees, assigns, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, advertisers, in their individual and business capacities, and includes (without limitation) all parties involved in creating, producing, and/or delivering this Site and/or contents and Offerings available on this Site.

BY REGISTERING AND/OR USING THIS SITE AND OFFERINGS ON THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS, PLEASE EXIT THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE, PRODUCTS, OFFERINGS OR OFFERINGS AVAILABLE ON THIS SITE, OR THESE TERMS IS TO CEASE USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS, OFFERINGS OR OFFERINGS.

2. EQUAL HOUSING OPPORTUNITY

Innago is committed to ensuring everyone is treated fairly and respectfully. We expect all users to comply with local, state and federal fair housing laws, including those laws that expressly protect individuals based on sexual orientation, gender identity and/or expression, source of income, veteran status, disability, marital status or age. We also urge our users to look beyond fair housing laws and treat others without prejudice.

By using our Services, Landlords and property managers agree to adhere to all applicable federal, state and local fair housing laws.

3. SERVICE OFFERINGS INFORMATION

a. Offerings Platform: The Company provides a technological Platform on which people or entities that wish (and have the right) to rent or lease or sublet their properties (“Landlords”) may propose to us property rental listings (“Listings”) and may accept/offer and manage such Listing and or leasing services such as certain payment and property management repair services through our Site and/or Platform. The Company also provides people who wish to rent or lease or sublease such properties (“Renter(s)”) listed by such Landlords a Platform on which they may search for, obtain information regarding, and potentially arrange and complete rental transactions for such property Listings and potentially use the Site and/or Platform to pay a Landlord or other property service provider and initiate service and repair requests. Your exclusive remedy and our entire liability.

b. Offerings Credit Report. A Landlord may request you to submit information regarding your background and credit history (“Screening Services”). Within the Screening Services your personal information shall be submitted to TransUnion LLC (“TU”). TU will subsequently provide Landlord consumer reporting information as that term is defined under the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. §1681-1681y. Innago is not the provider of consumer reporting information in the Application process, does not verify the consumer reporting information, and does not guarantee or warrant the consumer reporting information.

• I. LANDLORD ACKNOWLEDGES LANDLORD IS A USER OF A CONSUMER REPORT AND THEREFORE MUST COMPLY WITH THE FCRA. IT IS LANDLORD’S SOLE RESPONSIBILITY TO COMPLY AND MAINTAIN ALL RECORDS DEMONSTRATING YOUR COMPLIANCE WITH THE FCRA, INCLUDING BUT NOT LIMITED TO AN ADVERSE ACTION OR THE NONACCEPTANCE OF A POTENTIAL RENTER WHEN SUCH DECISION WAS MADE RELYING ON INFORMATION IN A CONSUMER REPORT. YOUR RESPONSIBILITIES MAY BE FOUND HERE: HTTPS://WWW.TRANSUNION.COM/CONTENT/DAM/TRANSUNION/GLOBAL/BUSINESS/DOCUMENTS/NOTICE_TO_USERS_OF_INFORMATION_20190711.PDF.

c. Offerings Third Party Products.

• I. RENTER MAY BE OFFERED THE OPPORTUNITY TO PURCHASE PRODUCTS FROM THIRD PARTIES ON THE SITE. RENTER’S PURCHASE OF THE THIRD PARTY PRODUCT IS AT RENTER’S SOLE EXPENSE. ANY SUCH PURCHASE OF A THIRD PARTY PRODUCT, INCLUDING THE DELIVERY OF AND THE PAYMENT FOR GOODS AND SERVICES BY AND TO THOSE THIRD PARTIES, AND ANY OTHER TERMS, CONDITIONS, WARRANTIES OR REPRESENTATIONS ASSOCIATED THEREWITH, ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. WE ASSUME NO LIABILITY, OBLIGATION OR RESPONSIBILITY FOR ANY PART OF ANY SUCH PURCHASE.
• II. LANDLORD MAY BE OFFERED THE OPPORTUNITY TO INTEGRATE THIRD PARTY PRODUCTS TO THE SITE. LANDLORD’S USE OF THE THIRD PARTY PRODUCTS IS UNDERTAKEN AT LANDLORD’S EXPENSE AND SUBJECT TO THE AGREEMENT OF THIRD PARTY’S TERMS AND CONDITIONS OF USE OR CONSENTS AS MAY BE APPLICABLE. LANDLORD AGREES TO ABIDE BY THE THIRD PARTY TERMS AND CONDITIONS AND THIRD PARTY LICENSING AGREEMENTS AS MAY BE APPLICABLE. WE ASSUME NO LIABILITY, OBLIGATION OR RESPONSIBILITY FOR LANDLORD USE, OR MISUSE, OF THE THIRD PARTY PRODUCTS.

d. Nature of Offerings. You acknowledge and agree that:

• I. THE COMPANY DOES NOT PARTICIPATE IN ANY ACTUAL LEASE TRANSACTIONS, INCLUDING, WITHOUT LIMITATION, NEGOTIATIONS, DISCUSSIONS, OR PROPOSALS, AND YOU EXPRESSLY WAIVE ANY REQUIREMENT THAT PURPORTS TO IMPOSE ON THE COMPANY AN OBLIGATION TO PERFORM ANY SERVICES OTHER THAN THOSE EXPRESSLY UNDERTAKEN BY THE COMPANY.
• II. THE COMPANY DOES NOT RENDER LEGAL, BROKERAGE, OR OTHER PROFESSIONAL ADVICE OR SERVICES TO EITHER ITS RENTER OR LANDLORD CUSTOMERS.
• III. THE COMPANY IS NOT UNDERTAKING ANY, AND HAS NO, DUTIES TO EITHER RENTERS OR LANDLORDS, INCLUDING, WITHOUT LIMITATION, THE OBLIGATION TO INSPECT RENTAL PROPERTIES, TO VERIFY THE VERACITY OF INFORMATION CONTAINED IN AN ADVERTISEMENT, OR TO INTERVIEW OR OTHERWISE SCREEN RENTERS.

e. No Guarantee. Although Company works hard to provide quality Offerings, you understand and acknowledge that we cannot promise or guarantee specific results from using the Site or Offerings available on this site.

f. Temporary Interruptions. You understand and agree that temporary interruptions of the Site may occur as normal events that are out of our control. You also understand and agree that we have no control over the third-party networks or service(s) that we may use to provide you with Offerings. You agree that the Offerings available on this Site are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

g. Creation of Applications. If you are creating Applications or Screening Services as part of your use of the Offerings, you acknowledge and agree that Innago will not be monitoring the specific sections you add to the Applications or Screening Services template. As such, you represent and warrant that you will not add/create/include any sections in or to the Applications or Screening Services template that will require Renters or prospective Renters to provide their social security number, drivers license number, and/or other governmental identification number. You acknowledge and agree that Innago shall not be liable for any damages to a Renter or to any other party for any unauthorized disclosure or breach of information that you collect in violation of this section. You acknowledge and agree that you shall be solely and completely liable for any damages to a Renter or to any other party for any unauthorized disclosure or breach of information collected by you in violation of this section, and you hereby agree to defend, indemnify, and hold harmless Innago for any claims brought against Innago arising out of your collection of information in violation of this section.

h. Use of chat feature. You acknowledge and agree that the Offerings allow you to use a (“Chat”) feature. You acknowledge and agree that Innago does not monitor your use of the Chat feature. In using the Chat feature, you acknowledge and agree that you shall not request from anyone or provide to anyone sensitive information through the Chat feature, including but not limited to social security numbers, birth dates, financial account numbers, drivers’ license numbers, or any other governmental identification number. You acknowledge and agree that Innago shall not be liable for any damages to any user or to any other party for any unauthorized disclosure or breach of information disclosed in violation of this section. You acknowledge and agree that you shall be solely and completely liable for any damages to any user or to any other party for any unauthorized disclosure or breach of information disclosed in violation of this section, and hereby you agree to defend, indemnify, and hold harmless Innago for any claims brought against Innago arising out of your violation of this section.

i. Mobile Device Offerings: If we make the Services available as an application for mobile devices (“Application”), then subject to your compliance with these Terms, we grant you a limited non-exclusive, non-transferable license to download and install a copy of the Application on a single mobile device or computer that you own or control and run such copy of the Application solely for your own personal use. We reserve all rights in the Application not expressly granted to you by these Terms. Furthermore, with respect to any App Store Sourced Application (defined below), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. In the event you are accessing the Services via an application on a device provided by Apple, Inc. (“Apple”) or an Application obtained through the Apple App Store (each, an “Apple Store Sourced Application”), the following shall apply:

• I. BOTH YOU AND WE ACKNOWLEDGE THAT THESE TERMS OF SERVICE ARE CONCLUDED BETWEEN YOU AND US ONLY, AND NOT WITH APPLE, AND THAT APPLE IS NOT RESPONSIBLE FOR THE APPLICATION OR THE CONTENT;
• II. THE APPLICATION IS LICENSED TO YOU ON A LIMITED, NON-EXCLUSIVE, NON-TRANSFERABLE, NON-SUBLICENSABLE BASIS, SOLELY TO BE USED IN CONNECTION WITH THE SERVICES FOR YOUR PRIVATE, PERSONAL, NON-COMMERCIAL USE, SUBJECT TO ALL THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE AS THEY ARE APPLICABLE TO THE SERVICES;
• III. YOU WILL ONLY USE THE APPLICATION IN CONNECTION WITH AN APPLE DEVICE THAT YOU OWN OR CONTROL;
• IV. YOU ACKNOWLEDGE AND AGREE THAT APPLE HAS NO OBLIGATION WHATSOEVER TO FURNISH ANY MAINTENANCE AND SUPPORT SERVICES WITH RESPECT TO THE APPLICATION;
• V. IN THE EVENT OF ANY FAILURE OF THE APPLICATION TO CONFORM TO ANY APPLICABLE WARRANTY, INCLUDING THOSE IMPLIED BY LAW, YOU MAY NOTIFY APPLE OF SUCH FAILURE; UPON NOTIFICATION, APPLE’S SOLE WARRANTY OBLIGATION TO YOU WILL BE TO REFUND TO YOU THE PURCHASE PRICE, IF ANY, OF THE APPLICATION;
• VI. YOU ACKNOWLEDGE AND AGREE THAT WE, AND NOT APPLE, ARE RESPONSIBLE FOR ADDRESSING ANY CLAIMS YOU OR ANY THIRD PARTY MAY HAVE IN RELATION TO THE APPLICATION;
• VII. YOU ACKNOWLEDGE AND AGREE THAT, IN THE EVENT OF ANY THIRD PARTY CLAIM THAT THE APPLICATION OR YOUR POSSESSION AND USE OF THE APPLICATION INFRINGES THAT THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS, WE, AND NOT APPLE, WILL BE RESPONSIBLE FOR THE INVESTIGATION, DEFENSE, SETTLEMENT AND DISCHARGE OF ANY SUCH INFRINGEMENT CLAIM;
• VIII. YOU REPRESENT AND WARRANT THAT YOU ARE NOT LOCATED IN A COUNTRY SUBJECT TO A U.S. GOVERNMENT EMBARGO, OR THAT HAS BEEN DESIGNATED BY THE U.S. GOVERNMENT AS A “TERRORIST SUPPORTING” COUNTRY, AND THAT YOU ARE NOT LISTED ON ANY U.S. GOVERNMENT LIST OF PROHIBITED OR RESTRICTED PARTIES;
• IX. BOTH YOU AND WE ACKNOWLEDGE AND AGREE THAT, IN YOUR USE OF THE APPLICATION, YOU WILL COMPLY WITH ANY APPLICABLE THIRD PARTY TERMS OF AGREEMENT WHICH MAY AFFECT OR BE AFFECTED BY SUCH USE; AND
• X. Both you and we acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms of Service, and that upon your acceptance of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as the third party beneficiary hereof.

4. PAYMENT

a. Payment Provider: To use the Site and Platform’s payment functionality, you must both open an account provided by a payment provider, Dwolla, Inc. or Checkbook (“Payment Provider”) and accept the Dwolla Terms of Service and Privacy Policy or the Checkbook Terms and Conditions and Privacy Policy. Any funds held in the Dwolla account are held by Dwolla’s financial institution partners as set out in the Dwolla Terms of Service. You authorize us to share your identity and account data with Payment Providers for the purposes of opening and supporting your Payment Provider account, and you are responsible for the accuracy and completeness of that data. You understand and agree that you will access and manage your Payment Provider account through the Innago application, and Payment Provider account notifications will be sent by us, not the Payment Provider. We will provide customer support for your Payment Provider account activity, and can be reached at https://innagoinsight.com, support@innago.com and/or 513-964-0172. For the avoidance of doubt, the Company is not a party to the transactions entered into by users and users’ sole recourse for fraudulent activity shall be against the applicable counterparty to such transaction entered into, as discussed further herein. Fees: The Company may charge you a fee to use the Services and will disclose the fee to you prior to processing your transaction (“Transaction Fee”). The Transaction Fees are charged by the Company for providing the value added Services as described herein and may be changed by Company in Company’s sole discretion. In some instances, the Landlord shall have sole discretion in determining whether Landlord or the Renter will be responsible for payment of Transaction Fee. If Landlord is responsible, the Transaction Fee will be deducted from the amount sent forth as a credit to the bank account assigned by the Landlord for the express purpose of collecting the submitted amount. If Renter is responsible, the fee shall be added on and included in the cost of all payments (including security deposits and rental payments) made between Renter and Landlord. If not otherwise stated, the Landlord will be responsible for the fee. The Transaction Fee must be paid by Renter or Landlord at the time that Renter makes such lease payments or, security deposit payments to Landlord consummating the transaction. Our Transaction Fee is not fixed by statute, but we believe that it is a competitive rate and reasonable for the Services we provide. You acknowledge and agree that you are obligated to pay us the Transaction Fee as set forth above even if Renter and Landlord complete a rental transaction for Listing independent of the Site or Service. Please note that any payment terms presented to you in the process of using or signing up for a Service are deemed part of these Terms.

b. Payment and Billing: Except as otherwise set forth above, Renters and Landlords must pay us for Services as and when reasonably requested by us. Amounts you owe to third parties (e.g. for rent, Screening Services, renter’s insurance and utility bills) shall be payable as mutually agreed between you and the relevant other party. If we are collecting any such Screening Services expenses, application processing fees or the like, we will inform you of the payment terms applicable thereto separately, and you shall pay us as specified in such terms. We may use the Payment Provider to bill you through a payment account linked to your account on the Services (your “Billing Account”) for use of the paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Provider in addition to these Terms. We are not responsible for error by the Payment Provider. By choosing to use our Services, you agree to pay us, through the Payment Provider, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Provider, to charge your chosen payment source (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment. Any amounts found due and owing to Renter will be submitted as a credit to the Renter Billing Account.

c. Payment Method:The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If the Renter chooses to pay by means of credit card or debit card, there will be assessed an additional convenience fee (“Convenience Fee”) disclosed to Renter at time of the payment. Renter must affirmatively agree to incur the Convenience Fee if Renter is responsible for payment of said fee. . If the Company, through the Payment Provider, does not receive payment from the Renter, the Renter agrees to pay all amounts due on Renter Billing Account upon demand.

d. ACH Payments: When submitting a payment using the Automated Clearing House (“ACH”) payment method, Renter authorizes the Company to debit the bank account listed in the submission form in the amount indicated. Renter certifies that they are authorized to submit a debit to the listed bank account in the agreed upon amount. If the submitted information is proven to be fraudulent in any way, Renter will be held responsible for any and all penalties (including, but not limited to, legal and financial). Renter understands that because this is an electronic transaction, these funds may be withdrawn from the submitted account as soon as the transaction date triggers in the ACH form.

If an ACH transaction is rejected for non-sufficient funds (“NSF”), Renter understands that the Company may demand payment and/or attempt to process the charge again within thirty (30) days. The Company may charge an additional $25 fee for each ACH transaction returned due to NSF. Renter acknowledges that the origination of ACH transactions to their account must comply with all provisions of U.S. law. Renter will be notified via email of a successful submission; however, this notification does not certify that the Company has successfully collected the funds, only that the submission has been recorded. Renter will also receive an invoice record (“Invoice Record”) indicating the date, method, and amount of the transaction. Renter will indemnify and hold harmless the Company debiting their checking/savings account, as long as the transaction corresponds to the then current web form’s terms at the time of submission, and as stored and readily accessible in the Renter’s Invoice Record. The Company reserves the right to engage a third party to authenticate balances in Renter’s bank account.

e. Card Payments: When submitting a payment using a credit card or debit card (the “Card”), Renter authorizes the Company to submit the payment authorization in the amount indicated. Renter certifies that they are authorized to use the Card. Renter understands Card payment information will be submitted on the transaction date in the Card authorization form and Card information will be retained for future transactions. If the information submitted is proven to be fraudulent in any way, Renter will be held responsible for any and all penalties (including, but not limited to, legal or financial).

If a Card transaction is returned for any reason, Renter understands that the Company may demand payment and/or attempt to process the charge again within thirty (30) days. The Company may charge an additional $25 fee for each Card transaction returned. Renter acknowledges that the origination of Card transactions must comply with all provisions of U.S. law. Renter will receive notification via email of a successful Card submission; however, this notification does not certify that the Company has successfully collected the funds, only that the submission has been recorded. Renter will also receive an Invoice Record indicating the date, method, and amount of the transaction. Renter will indemnify and hold harmless the Company for submitting Card transactions, as long as the transaction corresponds to the then existing web form terms at the time of submission, and as stored and readily accessible in the Renter’s Invoice Record.

f. AUTHORIZATION: WE MAY SUBMIT TRANSACTIONAL CHARGES TO YOUR ACCOUNT OR CARD WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE COULD REASONABLY ACT.

g. No Refunds or Deductions: Fees paid and/or payable to us are non-refundable for any reason, even if we terminate your account, if you are evicted, or if a Renter does not pay their rent for the Listing. You may not make any deductions from our fees for amounts you might owe to third parties for any reason. You acknowledge and agree that you are solely responsible for the fees, commissions and other charges owed to third parties in connection with any property, and you have no right to deduct such amounts from our fees.

h. Disbursements: Rental payments submitted to us by Renters are held for disbursement to the Landlord by the Company on a risk basis in the sole discretion of Company in a non-interest bearing account, at which point the Company will send the rental payment to the Landlord. The Company shall not be responsible for any liability arising from the disbursement of rental payments to an incorrect party if such disbursement was based on information provided by the Landlord or Renter. The Company is not responsible for verifying the accuracy of such information at any time.

i. Innago provides “Payment Services” through the use of Payment Providers. Disputed ACH, debit card or credit card payments may be debited from the Billing Account based on regulatory and payment industry standards. Any disputes as to amounts owed are between Landlord and Renter; Renter’s recourse for disputed payments to Landlord shall be sought from Landlord. Landlord’s recourse for Renter outstanding amounts due shall be sought from Renter. Innago shall have no liability to Landlord or Renter for outstanding rental payments or amounts due for Offerings from Renters. Innago shall have no liability to Renter for disputed rental payments to Landlord, however made. Landlord acknowledges and agrees that Innago is not a guarantor of funds, transactions or payments conveyed through Innago’s services, even if deposited to Landlord’s Payment Provider account; and that the same as may be deposited to Landlord’s Payment Provider account are provisional in nature and are subject to reversal in the event a Renter exercises rights under the payment system utilized for a transaction, e.g., the Card Association Rules for credit card transactions, banking laws and regulation for debit transactions and NACHA Rules for ACH transaction, to initiate a Chargeback, debit card dispute or an ACH reversal entry (for this section, all are “Payment Disputes”). In the case of a Payment Dispute concerning a transaction involving one of Landlord’s Renters, Landlord shall be responsible for contesting and/or resolving the same. Innago agrees to reasonably assist and cooperate with Landlord, if so requested, in contesting a Renter’s Payment Dispute. After learning of a Payment Dispute, Innago has the right, without providing advance notice, to debit from Landlord’s Payment Provider account an amount equal to the funds involved in the Payment Dispute and to hold the same funds until the Payment Dispute is resolved to Innago’s satisfaction. Landlord agrees to take no action to prevent Innago from transferring the same funds to Innago’s control and shall otherwise cooperate, as Innago may demand, in paying over the same funds. Landlord releases Innago from any liability, claims, expense or damages arising in connection with any Renter initiated Payment Dispute or Innago’s debiting Landlord’s Payment Provider account as described herein. In the event a Payment Dispute is resolved in Renter’s favor, Landlord agrees not to use Innago’s service to attempt to re-process the same transaction. Innago agrees to reasonably cooperate with Landlord through the provision of records in Innago’s possession in a subsequent action Landlord may pursue to enforce its contract rights, if any, against the same Renter.

j. Reserve Account: If the Company or the Payment Provider discovers or reasonably believes that these Terms have been violated, including, but not limited to, suspecting that certain account activity of a user is fraudulent, the Payment Provider (either on its own or as requested by the Company) may stop processing certain payments from the user suspected to have violated these Terms, and redirect the payment into a non-interest bearing “Reserve Account.” The Company shall reasonably investigate to identify if such suspected violation has occurred and following resolution, remit the payment to the appropriate party entitled to the funds.

k. Taxes: You agree to be and are responsible for withholding, filing, and reporting all taxes (except our U.S. income taxes), duties and other governmental assessments associated with your activity on the Services, including, without limitation, any payments made or received in connection with a rental transaction. If we are required by federal tax law to collect IRS Form W-9 from certain individuals, including property owners, Landlords, Renters, or sub-tenants of Renters with respect to property in the United States, you will promptly comply with any such request for completed forms and relevant information. You understand and agree that you are solely responsible for determining your applicable tax reporting requirements in consultation with your tax advisers. We cannot and do not offer tax-related advice. Renter is responsible for the determination of requirements to file Form 1099 and shall be responsible for the filing of this document with the appropriate authorities. If such Form 1099 is required by law to be submitted by either a Renter or Innago, Renter agrees that it shall make such filing, and submit such filing to the Landlord or other appropriate party as determined by law. Each Landlord is also responsible for determining local indirect taxes and for including any applicable taxes to be collected or obligations relating to applicable taxes in Listings.

l. If you choose to purchase one or more of the Offerings provided on our Site, you agree to pay for the Offering and all fees associated with the Offering. Failure to pay for the Offerings may result, in Innago’s sole discretion, (i) the Payment Method selected for the Offering is rejected and a new Payment Method must be selected by Renter and validated by Innago; and (ii) the Innago account being closed or suspended,

m. In the event Renter submits payment to the Landlord outside of the Payment Services it is Renter’s responsibility to ensure such payment is marked as received by Landlord in the Services and not due, payable or in any form outstanding. Failure to ensure such payment is marked as received may result in a record of a late rental payment in the furnishing of data to the credit bureaus per Section 5 below.

n. Landlord agrees to (i) charge a Renter only as legally authorized under agreement between Landlord and Renter; (ii) not use the Payment Services to transfer money in violation of U.S. Anti-Money Laundering laws; and (iii) not use the Payment Services to process payments not associated with amounts legally due from Renter. In the event Innago determines, in our sole discretion, that a payment is in violation of U.S. Anti-Money Laundering laws or not in accordance with amounts legally due under an agreement, Innago will place said funds in the Reserve Account of Section 4.k.

o. Counterparties to Transactions; Indemnification of Company. You agree and acknowledge that the Services provided enable users to interface with other users, transacting with each other through the use of the Company’s Platform that includes the use of the Payment Provider’s services. You understand and agree that the Company is not a party to any transactions entered into between any users of the Services. Further, you understand and agree that except for certain fees (e.g., Transaction Fees), you indemnify and hold the Company fully harmless for any acts or failures of users (including without limitation, users’ fraudulent activity), and shall not pursue legal remedies against the Company for any users’ acts or failures that result in a claim of any kind.

5. FAIR CREDIT REPORTING ACT

a. Innago offers Renters the opportunity to record Renter payments and submit for credit history purposes. You understand when you sign up for the credit reporting service that Innago acts as a data furnisher under the FCRA and submits data files to the three credit bureaus TU, Equifax and Experian on a periodic basis (the “Credit Bureaus”). All activity submitted through the Payment Services is subject to reporting to the Credit Bureaus. The data files submitted by Innago represent your Renter payments using the Payment Services. When you submit payments through the Payment Services the payments may be reflected in the Renter payment history on record at the Credit Bureaus.

b. Innago offers Renters two options for the reporting of Renter payment history to Credit Bureaus. Renters may select (i) Starter, a free service reporting payment history as occurring in the Payment Services initiated with the first payment after selecting this option; or (ii) Pro, payable monthly in the amount of $5.99, or payable a one-time annual fee in the amount of $60 payable at the time of enrollment. Renters who select the Pro credit reporting service will have past and future Payment Services transactions reported to Credit Bureaus. You may cancel your Pro credit reporting service at any time. Fees are not prorated or refundable if you cancel the Pro credit reporting service. Landlord may select to report payment history to Credit Bureaus which may not be cancelled by Renter.

c. ACCOUNT INFORMATION REPORTED TO CREDIT BUREAUS. We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report. If you think we have reported inaccurate information to a credit bureau, you may write us at: 1308 Race Street, Suite 100, Cincinnati, Ohio 45202

Renters may verify information regarding the submission of payment information and the Renter’s credit score on the Renter Dashboard available on the Platform.

6. RULES REGARDING CONDUCT, POSTING POLICIES & THIRD PARTY WEBSITES

a. Renters: If you are a Renter you (i) shall pay for all accommodations rented or leased by you; (ii) shall not manipulate or circumvent our fee structure, the billing process, or fees owed to us, (iii) are responsible, and we are not responsible, for complying with the terms of any rental agreement you enter into, (iv) are responsible for your own acts and omissions and those of your guests at the properties that are the subject of the Listings.

b. Landlords: If you are a Landlord, you (i) represent and warrant that you own the properties that are the subject of your Listing or have all legal and contractual rights to make the Listing available and complete a rental transaction with respect thereto, (ii) shall not store any personally identifiable information about any other user other than for purposes of completing and fulfilling a rental transaction, (iii) shall not submit any listing information with false or misleading information, and (iv) are solely responsible for your Listings, your properties, and any rental transactions you enter into, and that none of the foregoing will (a) breach any agreement or obligation to any third party (including, without limitation, a property rental agreement or HOA agreement), or (b) violate any applicable law, rules or regulations (including, without limitation, anti-discrimination, housing, zoning laws and ordinances and local, state, and federal rental laws). Nothing herein or on the Services shall be considered legal advice and we assume no responsibility for your compliance with the law. We recommend that you obtain appropriate insurance for your properties to cover the risks associated with being a Landlord and renting your property. We reserve the right, at any time and without prior notice, to remove or block any Listing for any reason or no reason.

COMPLIANCE WITH FAIR HOUSING ACT. Landlord agrees that it shall not refuse to display, lease or sublease property posted on the Service to any person due to such person’s race, color, religion, national origin, sex, familial status or physical disability and shall comply with the provisions of the Fair Housing Act (42 U.S.C. §§ 3601 et. seq.), as it may hereafter be amended from time to time, and with all applicable state and local fair housing laws.

c. Renters & Landlords: You shall not: (i) manipulate the price or description of any Listing without proper authorization, (ii) interfere with other user’s Listings, (iii) recruit, solicit or encourage any other user to use third party services or websites that are competitive to ours, (iv) use the Site or Services to find a Listing, Landlord, or Renter and then complete a rental transaction independent of the Site or Services in order to circumvent the obligation to pay any fees related to our provision of the Services, (v) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure, (vi) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services, (vii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services), (viii) run any form of auto-responder or “spam” on the Services; (ix) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site, (x) harvest or scrape any Content from the Services, (xi) otherwise take any action in violation of our guidelines and policies, (xii) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any Application), except to the limited extent applicable laws specifically prohibit such restriction, (xiii) modify, translate, or otherwise create derivative works of any part of the Services, or (xiv) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.

Further, in order to use and continue to use the Services, you represent and warrant that: (i) upon request, you will provide information and/or documents about yourself that is true, accurate, current, and complete; and (ii) where applicable, advise the Company of updates to your information to keep it true, accurate, current and complete. You acknowledge that the Company is relying on your representations as a condition of providing you with the Services. If you provide information that is untrue, inaccurate, not current or incomplete, or if the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company, without limiting any other remedies, reserves the right to suspend or terminate your access to the Service, to an Offering, and to hold any funds that you submitted through the Services. You may not and agree not to use the Service for any illegal purpose or in any manner inconsistent with this Agreement. You acknowledge that if required by applicable law, the Company may hold any funds that you submitted through the Services. The Company and its Affiliates are not liable for any damages or losses resulting from untrue, inaccurate, not current or incomplete information provided by a Renter or Landlord.

d. User-Created Content Guidelines: Your use of the Site is subject to all applicable laws and regulations, and you are solely responsible for any content or information or posts you leave on the Site. By posting information on the Site or allowing any third party or agent to use or post information on this Site on your behalf, or by otherwise using or having a third party use any communications service, or other interactive service available on the Site, you agree that you will not post comments, messages, links, code or other information that:

• I. IS UNLAWFUL, THREATENING, ABUSIVE, HARASSING, DEFAMATORY, DECEPTIVE, FRAUDULENT, TORTIOUS, INVASIVE OF ANOTHER’S PRIVACY, OR INCLUDES GRAPHIC DESCRIPTIONS OF SEXUAL OR VIOLENT CONTENT;
• II. VICTIMIZES, HARASSES, DEGRADES, OR INTIMIDATES AN INDIVIDUAL OR GROUP OF INDIVIDUALS ON THE BASIS OF RELIGION, GENDER, SEXUAL ORIENTATION, RACE, ETHNICITY, AGE, OR DISABILITY;
• III. INFRINGES ON ANY PATENT, TRADEMARK, TRADE SECRET, COPYRIGHT, RIGHT OF PUBLICITY, OR OTHER PROPRIETARY RIGHT OF ANY PARTY;
• IV. CONSISTS OF UNSOLICITED ADVERTISING, JUNK OR BULK EMAIL (ALSO KNOWN AS “SPAM”), CHAIN LETTERS, ANY OTHER FORM OF UNAUTHORIZED SOLICITATION, OR ANY FORM OF LOTTERY OR GAMBLING;
• V. CONTAINS ANY FORM OF MALICIOUS CODE, FILES, OR PROGRAMS THAT ARE DESIGNED OR INTENDED TO DISRUPT, DAMAGE, OR LIMIT THE FUNCTIONALITY OF ANY SOFTWARE, HARDWARE, OR TELECOMMUNICATIONS EQUIPMENT OR OTHERWISE CAUSES DAMAGE, OR ALLOWS YOU TO OBTAIN UNAUTHORIZED ACCESS TO ANY DATA OR OTHER INFORMATION OF ANY THIRD PARTY;
• VI. BREACHES THE SECURITY OF, COMPROMISES OR OTHERWISE ALLOWS ACCESS TO SECURED, PROTECTED OR INACCESSIBLE AREAS OF THIS SITE, OR ATTEMPTS TO GAIN ACCESS TO OTHER NETWORK OR SERVER VIA YOUR ACCOUNT ON THIS SITE;
• VII. IMPERSONATES ANY PERSON OR ENTITY, INCLUDING ANY OF OUR EMPLOYEES OR REPRESENTATIVES; OR
• VIII. engages in any other conduct which, in the Company’s sole discretion, is considered unauthorized or objectionable.

e. No Endorsement: Renters and Landlords understand and agree that we are not a party to any agreement entered into between any users of this Site, whether or not that agreement is provided through the Services, and you acknowledge that you are solely responsible for your own legal review, interactions, correspondence, and transactions with other users of the Services, whether on the Site or Services, in person, or otherwise. Company urges that Renters and Landlords exercise good judgment and common sense, and conduct all necessary, appropriate, and prudent inquiry, investigation, research, and due diligence, and take all necessary precautions when interacting with others or posting content. Company neither endorses nor assumes any liability for any material uploaded or submitted by users on any part of the Site. Although we do not pre-screen, police or monitor content posted on the Site, we and our agents reserve the right to remove in our sole discretion any and all postings that we feel do not comply with these Terms and any other rules of user conduct for our Site, or that we feel are otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such postings.

f. Advertising: Some Services may be supported by advertising revenue, and you hereby agree that we may display advertising, promotions, sponsored listings, and the like on the Site, Services and on, around, and in connection with your Content.

g. Third-Party Sites and Information: This Site may redirect or link to other websites on the Internet, or may otherwise include references to information, products or services made available by unaffiliated third parties. While we make every effort to work with trusted, reputable providers, from time to time such sites may contain information, material or policies that some may find inappropriate or personally objectionable. You understand that we are not responsible for the accuracy, completeness, decency or legality of content hosted by third party websites, nor are we responsible for errors or omissions in any references made on those websites. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with the Site or party by us, or any warranty of any kind, either expresses or implied.

h. Promotions: From time to time, this Site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this site. Any such correspondence or promotions, including the delivery of and the payment for goods and services by those third parties, and any other terms, conditions, warranties or representations associated therewith, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.

7. COMPANY INTELLECTUAL PROPERTY

Content: For purposes of these Terms, “content” is defined as any information, communications, software, published works, photos, video, graphics, music, sounds, or other material that can be viewed by users on our Site and is owned by Company or its Affiliates.

Ownership of Content: By accepting these Terms, you agree that all content presented to you on this Site is protected by any and all intellectual property and/or other proprietary rights available within the United States, and is the sole property of Company or its Affiliates. All custom graphics, icons, logos and service names and marks are trademarks or service marks of the Company or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of the Company or its Affiliates.

Limitations on Use of Content: Except for a single copy made for personal use, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any content from this Site in any form or by any means whatsoever without prior written permission from us. Any unauthorized use of Site content violates our intellectual property interests and could result in criminal or civil penalties.

No warranty for Third-Party Infringement Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this Site will not infringe the rights of third parties.

8. CONTENT YOU CREATE.

a. Your Intellectual Property Rights: Subject to our Privacy Policy, any communication or material that you transmit to this Site or to us, whether by email or other means, for any reason, will be treated as non-confidential and non-proprietary user content (“User Content”). While you retain all rights to the User Content, you grant us (including our employees and Affiliates), a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, publish, translate, adapt, modify, and otherwise use the User Content for any purpose whatsoever, regardless of the form or medium in which it is used.

We respect the intellectual property rights of others, and we ask you to do the same. In instances where we are notified of alleged infringing Company-or User Content through our Designated Agent, a decision may be made to remove access or disable access to such materials, in compliance with the safe harbor provisions of the Digital Millennium Copyright Act, 17 U.S.C. § 512(c). We may also make a good faith attempt to contact the person who submitted the affected material so that they may make a counter-notification.

If you believe that you or someone else’s copyright has been infringed by Company-or User Content provided on this Site, you (or the owner or rights holder, collectively, “Rights Holder”) should send notification to our Designated Agent immediately. Prior to sending us notice, the Rights Holder may wish to consult a lawyer to determine their rights and legal obligations under the DMCA and any other applicable laws. Nothing here or anywhere on this Site is intended as a substitute for qualified legal advice. To file a Notice of Infringing Material, we ask that the Rights Holder provide the following information:

• I. REASONABLY SUFFICIENT DETAILS ABOUT THE NATURE OF THE COPYRIGHTED WORK IN QUESTION, OR, IN THE CASE OF MULTIPLE ALLEGED INFRINGEMENTS, A REPRESENTATIVE LIST OF SUCH WORKS. THIS SHOULD INCLUDE, TITLE(S), AUTHOR(S), ANY U.S. COPYRIGHT REGISTRATION NUMBER(S), URL(S) ETC.;
• II. REASONABLY SUFFICIENT DETAILS TO ENABLE US TO IDENTIFY AND LOCATE THE MATERIAL THAT IS ALLEGEDLY INFRINGING THE RIGHTS HOLDERS’ WORK(S) (FOR EXAMPLE, FILE NAME OR URL OF THE PAGE(S) THAT CONTAIN(S) THE MATERIAL);
• III. THE RIGHTS HOLDER’S CONTACT INFORMATION SO THAT WE CAN CONTACT THEM (INCLUDING FOR EXAMPLE, THE RIGHTS HOLDER’S ADDRESS, TELEPHONE NUMBER, AND EMAIL ADDRESS);
• IV. A STATEMENT THAT THE RIGHTS HOLDER HAS A GOOD FAITH BELIEF THAT THE USE OF THE MATERIAL IDENTIFIED ABOVE IN 2 IS NOT AUTHORIZED BY THE COPYRIGHT OWNER, ITS AGENT, OR THE LAW;
• V. A STATEMENT, UNDER PENALTY OF PERJURY, THAT THE INFORMATION IN THE NOTIFICATION IS ACCURATE AND THAT THE RIGHTS HOLDER IS AUTHORIZED TO ACT ON BEHALF OF THE COPYRIGHT OWNER; AND
• VI. THE RIGHTS HOLDER’S ELECTRONIC SIGNATURE.

Notice may be sent to:

By Mail:

DMCA Agent

Innago LLC

1308 Race Street

Cincinnati, OH 45202

By e-mail:

support@innago.com

b. Counter-Notification If material that you have posted to our Site has been taken down, you may file a counter-notification that contains the following details:

• • I. IDENTIFICATION OF THE MATERIAL THAT HAS BEEN REMOVED OR TO WHICH ACCESS HAS BEEN DISABLED AND THE LOCATION AT WHICH THE MATERIAL APPEARED BEFORE IT WAS REMOVED OR ACCESS TO IT WAS DISABLED;
  • II. A STATEMENT, UNDER PENALTY OF PERJURY, THAT YOU HAVE A GOOD FAITH BELIEF THAT THE MATERIAL WAS REMOVED OR DISABLED AS A RESULT OF MISTAKE OR MISIDENTIFICATION OF THE MATERIAL IN QUESTION;
  • III. YOUR NAME, ADDRESS AND TELEPHONE NUMBER
  • IV. A STATEMENT THAT YOU CONSENT TO THE JURISDICTION OF FEDERAL DISTRICT COURT IN THE STATE OF OHIO, CUYAHOGA COUNTY, AND THAT YOU WILL ACCEPT SERVICE OF PROCESS FROM THE PERSON WHO PROVIDED NOTIFICATION IN COMPLIANCE WITH SECTION 512 (C)(1)(C) OF THE DMCA, OR AN AGENT OF SUCH PERSON.
  • V. YOUR PHYSICAL OR ELECTRONIC SIGNATURE

Notice may be sent to:

By Mail:

DMCA Agent

Innago LLC

1308 Race Street

Cincinnati, OH 45202

By e-mail:

support@innago.com

•            VI. YOU ALSO ACKNOWLEDGE AND AGREE THAT UPON RECEIPT OF A NOTICE OF A CLAIM OF COPYRIGHT INFRINGEMENT, WE MAY TEMPORARILY OR            PERMANENTLY REMOVE THE IDENTIFIED MATERIALS FROM OUR SITE WITHOUT LIABILITY TO YOU OR ANY OTHER PARTY.

c. Confidential Information: As stated above, all communications sent by you to us will be treated as non-confidential and non-proprietary (subject to our privacy policy). Please do not submit confidential or proprietary information to us (including patentable ideas, new content suggestions or business proposals) unless we have mutually agreed in writing otherwise. Ideas that we receive unsolicited will be treated as property owned by the Company and will not be returned to you.

9. DISCLAIMER

ALL CONTENT AND OFFERINGS ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE CONTENT OR OFFERINGS WILL MEET YOUR REQUIREMENTS, (B) THE CONTENT, OFFERINGS OR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT OR OFFERINGS OFFERED WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY CONTENT OR OFFERINGS PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE CONTENT AND OFFERINGS AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS OR OFFERINGS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE CONTENT OR PRODUCTS AVAILABLE AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT OR PRODUCTS.

THE USE OF THE OFFERINGS OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY PRODUCTS OR CONTENT THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

Through your use of the Site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any products or Offerings provided by any third party, including, but not limited to the purchase terms, payment terms, warranties, guarantees relating to such transactions, are agreed to solely between the seller of such merchandise and you.

WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH A THIRD PARTY, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY OFFERINGS OR CONTENT AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.

WE RESERVE THE SOLE RIGHT TO EITHER MODIFY OR DISCONTINUE THE SITE, INCLUDING ANY OFFERINGS OR FEATURES THEREIN, AT ANY TIME WITH OR WITHOUT NOTICE TO YOU. WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD WE EXERCISE SUCH RIGHT. MODIFICATIONS MAY INCLUDE, BUT ARE NOT LIMITED TO, CHANGES IN THE PRICING STRUCTURE, THE ADDITION OF FREE OR FEE-BASED SERVICES, OR CHANGES TO LIMITATIONS ON ALLOWABLE CONTENT, FILE SIZES OR FILE TYPES. ANY NEW FEATURES THAT AUGMENT OR ENHANCE THE THEN-CURRENT OFFERINGS ON THIS SITE SHALL ALSO BE SUBJECT TO THESE TERMS OF USE.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.

10. LIMITATION OF LIABILITY & INDEMNIFICATION

Your exclusive remedy and our entire liability, if any, for any Claims (as defined below) arising out of these Terms and your use of this Site and our Services shall be limited to the amount you paid us for Offerings purchased on the Site during the twelve month (12) month period before the act giving rise to the liability.

IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFIT LOSS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THIS SITE.

FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY PROMISES REGARDING OUR OFFERINGS OR CONTENT OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS WITH THE THIRD PARTY THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.

You shall be liable to the Company and its Affiliates for any and all Claims (as defined below) arising out of or in connection with (i) your misuse of the Service, or this Site; (ii) any breach (or, as to defense obligations only, any alleged breach) of your obligations in this Agreement or any breach of your representations, warranties, or obligations set forth in this Agreement; or (iii) your negligence, fraud, misrepresentation, willful misconduct, violation of applicable law, violation of card network rules, or infringement of the rights of any person or entity. Additionally, the Company and its Affiliates shall not be liable for any violation of law by the Landlord or the Renter.

You agree to defend, indemnify, and hold the Company and its Affiliates harmless from all Claims (as defined below) that may arise from your (i) use or misuse of this Site or the Services; (ii) breach of this Agreement; or (iii) violation of any laws. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

You further agree that because the company is an advertising venue, in the event that you have a dispute with one or more users, Landlords, or Renters, you release the Company, its parent and Affiliates (and its respective officers, directors, agents, subsidiaries, joint ventures and employees, including in their individual capacities) from Claims, of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

For purposes of this Agreement, “Claim” means an action, allegation, assessment, cause of action, cease and desist letter, charge, citation, claim, demand, directive, fine, lawsuit or other litigation or proceeding, or notice issued or submitted by, from or on behalf of a third party, including any governmental agency, and all resulting judgments, bona fide settlements, penalties, damages (including consequential, indirect, special, incidental or punitive damages), losses, liabilities, costs, and expenses (including, without limitation, reasonable attorneys’ fees, expenses and costs) incurred in connection therewith.

11. TERMINATION OF USE

a. Grounds for Termination: You agree that we may, at our sole discretion, terminate or suspend your access to all or part of the Site with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for barring your access to this Site, and reporting you to the proper authorities, if necessary.

b. No Right to Offerings Upon Termination: Upon termination and regardless of the reason(s) motivating such termination, your right to use the Offerings available on this Site will immediately cease. We shall not be liable to you or any third party for any Claims arising out of any termination or suspension or any other actions taken by us in connection therewith. Sections 1 and 3-9 of these Terms, as well as your liability for any unpaid fees, shall survive any termination.

12. MISCELLANEOUS PROVISIONS

a. International Use: Although this Site may be accessible worldwide, we make no representation that materials on this Site are appropriate or available for use in locations outside the United States. Those who choose to access this Site from other locations do so on their own initiative and at their own risk. If you choose to access this Site from outside the United States, you are responsible for compliance with local laws in your jurisdiction, including but not limited to, the taxation of products purchased over the Internet. Any offer for any product, Service, and/or information made in connection with this Site is void where prohibited.

b. Age Requirement: You represent and warrant that you are at least eighteen (18) years of age and that you have the right, authority, and capacity to enter into, perform your obligations under, and abide by these Terms of Service. If you are under the age of 18, you may not, under any circumstances or for any reason, use the Services.

c. Governing Law: This Site (excluding any Third Party websites) is controlled by us from our offices in Hamilton County, Ohio, and the Ohio law shall govern, without regard to the conflicts of laws principles thereof. You agree and hereby submit to the exclusive personal jurisdiction and venue of the federal or state Courts of Hamilton County, Ohio with respect to any litigation, dispute, or controversies arising out or related to the Site, the Services, or Offerings of the Company.

d. Notices: All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to
Customer Service
email : support@innago.com
mail: Innago LLC, 1308 Race Street, Cincinnati, OH 45202

You agree to allow us to submit notices to you either through the email address provided, or to the address we have on record. Any notices or communication under these Terms will be deemed delivered to the party receiving such communication (1) on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by U.S. mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile; or (5) on the delivery date if transmitted by confirmed email.

e. No Resale Right: You agree not to sell, resell, reproduce, duplicate, distribute, copy or use for any commercial purposes any portion of this Site, or use of or access to this Site or Offerings provided through this Site, beyond the limited rights granted to you under Section 5 of these Terms.

f. Third Party Rights: Except as otherwise stated in this agreement above, nothing herein is intended nor will be deemed, to confer rights or remedies upon any third party.

g. Force Majeure: In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and Offerings available through our Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: global pandemic not COVID-19, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

h. Savings Clause: If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect

i. No Waiver: Any failure by us to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that right or provision.

j. Entire Agreement. These Terms constitute the parties’ entire agreement and understanding regarding the Terms’ subject matter and supersedes all of the parties’ prior oral or written agreements and understandings, if any. These Terms may NOT be altered, supplemented, or amended by the use of any other document(s). To the extent that anything in or associated with this Site conflicts with or is inconsistent with these Terms, these Terms shall govern.

k. Contact If you have any questions, complaints, or claims with respect to the Site, the Services, or these Terms, you may contact us at

Innago LLC, 1308 Race Street, Cincinnati, OH 45202

OR

dave@innago.com

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Privacy Policy

Privacy Policy

BY ACCESSING OR USING OUR SERVICES, YOU CONSENT TO THE COLLECTION, TRANSFER, MANIPULATION, STORAGE, DISCLOSURE AND OTHER USES OF YOUR INFORMATION (COLLECTIVELY, “USE OF YOUR INFORMATION”) AS DESCRIBED IN THIS PRIVACY POLICY AND OUR TERMS OF USE WHICH MAY BE ACCESSED HERE: https://my.innago.com/termsandcondition. IF YOU DO NOT, OR NO LONGER, AGREE WITH OR CONSENT TO THIS PRIVACY POLICY AND OUR TERMS OF USE YOU MAY NOT ACCESS OR USE OUR SERVICES. FURTHERMORE, FOR USERS OF OUR SERVICES, WE RELY UPON THE LEGAL GROUNDS FOUND IN THE SECTION ENTITLED “THE LEGAL BASIS AND REASONS FOR COLLECTION AND PROCESSING YOUR PERSONAL INFORMATION” FOUND HEREINAFTER IN THIS PRIVACY POLICY

We at Innago, LLC, the owner and operator of www.innago.com and my.innago.com (the “Website(s)” or “Site(s)”), and our mobile application Innago (the App), hereafter collectively referred to in this Privacy Policy as “Innago”, “us”, “our” or “we”, respect the privacy of your personal information and, as such, make every effort to ensure your information is protected and remains private.

We have provided this Privacy Policy to explain how we collect, use, share and protect information about the users of our Website or our App (hereafter referred to as “user”, “you” or “your”). We will not use or share your personal information with anyone except as described in this Privacy Policy. This Privacy Policy will inform you about the types of personal data we collect, the purposes for which we use the data, the ways in which the data is handled and your rights with regard to your personal data. Furthermore, this Privacy Policy is intended to satisfy the obligation of transparency under the European Union (EU) General Data Protection Regulation (the “GDPR”) and the laws implementing the GDPR, and the California Consumer Privacy Act of 2018 as amended (the “CCPA”).

Innago collects information about you when you use our Website or App to access our services, and other online products and services (collectively, the “Services”) and through other interactions and communications you have with us. The term Services includes, collectively, various applications, websites, widgets, email notifications and other mediums, or portions of such mediums, through which you have accessed this Privacy Policy.

For purposes of this Privacy Policy, “Your Information” or “Personal Data” means information about you, which may be of a confidential or sensitive nature and may include personally identifiable information (“PII”) and/or financial information. PII means individually identifiable information that would allow us to determine the actual identity of a specific living person, while sensitive data may include information, comments, content and other information that you voluntarily provide.

A Data Controller is the company or natural person who (either alone or jointly with other parties) determines the purposes for which and the manner in which any personal information are, or will be, processed. The Data Controller for Innago is Innago, LLC and our contact details are set out in the Contact section at the end of this Privacy Policy.

We may change this Privacy Policy from time to time. If we decide to change this Privacy Policy, we will inform you by posting the revised Privacy Policy on the Website and in our App. If the changes to the Privacy Policy are significant, we will send an email notice to you, and may request that you accept the revised Privacy Policy terms. Changes will go into effect on the “Last updated” date shown at the end of this Privacy Policy. By continuing to use the Website, App or our Services, you consent to the revised Privacy Policy. We encourage you to periodically review the Privacy Policy for the latest information on our privacy practices.

1. Information Provided Directly By You

We collect information you provide directly to us, such as when you request information, create or modify your personal account, request Services, complete an Innago form, survey, questionnaire or application, contact customer support, join or enroll for an event or otherwise communicate with us in any manner. This information may include, without limitation: name, date of birth, e-mail address, physical address, business name, business address, business title, phone number or any other personal information you choose to provide.

2. Information Collected Through Your Use of Our Services

We collect information about your activity on our services, for instance how you use them (e.g., date and time you logged in, features you’ve been using, searches, clicks and pages that have been shown to you, referring webpage address, advertising that you click on) and how you interact with other users and us. We may collect information relevant to a specific task. For example, this includes your bank account and routing numbers when collecting or delivering payment. For customer verification purposes, we may also collect your social security number and your birth date. The following are situations in which you may provide Your Information to us. When you:

• fill out forms or fields through our Services;
• register for an account with our Service;
• order services or products from, or through our Service;
• sign documents using our Services;
• store documents using our Services;
• submit “screening reports” (credit, criminal, eviction history);
• add sub-users such as maintenance personnel or property managers;
• provide responses to a survey or questionnaire;
• join or enroll in an event through our Services;
• sign up for any newsletters or other materials through our Services;
• provide information to us through a third-party application, service or website;
• communicate with us or request information about us, or our Services or products, whether via email or other means;
• participate in any of our marketing initiatives, including, contests, events, or promotions; and
• participate in forums, reviews or provide or post user generated content or other submissions.

3. Information Collected Automatically

We may automatically collect information through the use of various technologies, including, but not limited to Cookies, Pixel Tags and Web Beacons (explained below). We may collect your IP address, browsing behavior and device IDs. This information is used by us in order to enable us to better understand how our Services are being used by visitors and allows us to administer and customize the Services to improve your overall experience.

4. Information Collected From Other Sources

We may also receive information from other sources and combine that with information we collect through our Services. For example if you choose to link, create, or log in to your Innago account with a social media service, e.g. LinkedIn, Facebook or Twitter, or if you engage with a separate application or website that uses our API, or whose API we use, we may receive information about you or your connections from that website or application. This includes, without limitation, profile information, profile picture, gender, user name, user ID associated with your social media account, age range, language, country, friends list, your contact names, e-mail addresses, phone numbers, and other identifiers and any other information you permit the social network to share with third parties. The data we receive is solely dependent upon your privacy settings with the social network.

5. Cookies, Log Files and Anonymous Identifier

• When you visit our Services, we may send one or more Cookies – small data files – to your computer to uniquely identify your browser and let us help you log in faster and enhance your navigation through the Sites. “Cookies” are text-only pieces of information that a website transfers to an individual’s hard drive or other website browsing equipment for record keeping purposes. A Cookie may convey anonymous information about how you browse the Services to us so we can provide you with a more personalized experience, but does not collect personal information about you. Cookies allow the Sites to remember important information that will make your use of the site more convenient. A Cookie will typically contain the name of the domain from which the Cookie has come, the “lifetime” of the Cookie, and a randomly generated unique number or other value. Certain Cookies may be used on the Sites regardless of whether you are logged in to your account or not.
• Session Cookies are temporary Cookies that remain in the Cookie file of your browser until you leave the Site or App.
• Persistent Cookies remain in the Cookie file of your browser for much longer (though how long will depend on the lifetime of the specific Cookie).
• When we use session Cookies to track the total number of visitors to our Website or App, this is done on an anonymous aggregate basis (as Cookies do not in themselves carry any personal data).
• We may also employ Cookies so that we remember your computer or device when it is used to return to the Site or App to help customize your Innago experience. We may associate personal information with a Cookie file in those instances.
• We use Cookies to help us know that you are logged on, provide you with features based on your preferences, understand when you are interacting with our Services, and compile other information regarding use of our Services.
• Third parties with whom we partner to provide certain features on our Site or to display advertising based upon your Web browsing activity use Cookies to collect and store information.
• Our Website or App may use remarketing services, to serve ads on our behalf across the internet on third party websites to previous visitors to our Sites. It could mean that we advertise to previous visitors who haven’t completed a task on our site. This could be in the form of an advertisement on the Google search results page or a site in the Google Display Network. Third-party vendors, including Google, use Cookies to serve ads based on your past visits to our Website or use of our App. Any data collected will be used in accordance with our own privacy policy, as well as Google’s privacy policies. To learn more, or to opt-out of receiving advertisements tailored to your interests by our third parties, visit the Network Advertising Initiative at www.networkadvertising.org/choices.
• Innago may use third-party services such as Google Analytics to help understand use of the Services. These services typically collect the information sent by your browser as part of a web page request, including Cookies and your IP address. They receive this information and their use of it is governed by their respective privacy policies. You may opt-out of Google Analytics for Display Advertisers including AdWords and opt-out of customized Google Display Network ads by visiting the Google Ads Preferences Manager here https://adssettings.google.com/authenticated?hl=en. To provide website visitors more choice on how their data is collected by Google Analytics, Google has developed an Opt-out Browser add-on, which is available by visiting Google Analytics Opt-out Browser Add-on here https://tools.google.com/dlpage/gaoptout. For additional information on how Google uses data when you use Google partners’ sites or apps, go here: https://policies.google.com/technologies/partner-sites.
• You can control the use of Cookies at the individual browser level. Use the options in your web browser if you do not wish to receive a Cookie or if you wish to set your browser to notify you when you receive a Cookie. You can easily delete and manage any Cookies that have been installed in the Cookie folder of your browser by following the instructions provided by your particular browser manufacturer. Consult the documentation that your particular browser manufacturer provides. You may also consult your mobile device documentation for information on how to disable Cookies on your mobile device. If you reject Cookies, you may still use our Website, but your ability to use some features or areas of our Service may be limited.
• Innago cannot control the use of Cookies by third parties (or the resulting information), and use of third party Cookies is not covered by this policy
• We automatically collect information about how you interact with our Services, preferences expressed, and settings chosen and store it in Log Files. This information may include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data. We may combine this automatically collected log information with other information we collect about you. We do this to improve services we offer you, to improve marketing, analytics, or website/application functionality, and to document your consent to receiving products, services or communications from us or our partners. If we link such information with personally identifiable information in a manner that identifies a particular individual, then we will treat all such information as PII for purposes of this Privacy Policy.
• When you use our Services, we may employ Web Beacons (also known as clear GIFs or tracking pixels) to anonymously track online usage patterns. No Personally Identifiable Information from your account is collected using these Web Beacons.

6. Table of Cookies

The following is a list of the possible Cookies we may use in our Services. Please note that the names of Cookies and other technologies may change over time.

Cookie Name	Duration	Purpose
Innago Token	Session	This is used to verify a visitor’s authentication and maintain session data.
Innago_Tracking_Email	12 months	If you enter a visitor enters their email address somewhere on the Innago website, this is used to pass that email address into our database.
utm_medium	12 months	This is used to track the medium a visitor came from (e.g. organic, referral, email, etc.)
utm_source	12 months	This is used to track the source a visitor came from. (e.g. Google, Bing, etc.)
utm_campaign	12 months	This is used to track the digital marketing campaign a visitor came from. Campaigns are an internal organizational datapoint attached to digital advertisements.
utm_term	12 months	This is used to track the keywords a visitor used that brought them to the website

7. Information Third Parties Provide

We may collect information about you from sources other than you, such as from social media websites (i.e., Facebook, LinkedIn, Twitter or others), blogs, analytics providers, business affiliates and partners and other users. This includes, without limitation, identity data, contact data, marketing and communications data, behavioral data, technical data and content data.

8. Device Information

When you use our Services through your computer, mobile phone or other device, we may collect information regarding and related to your device, such as hardware models and IDs, device type, operating system version, the request type, the content of your request and basic usage information about your use of our Services, such as date and time. In addition, we may collect information regarding application-level events and associate that with your account to provide customer service. We may also collect and store information locally on your device using mechanisms such as browser web storage and application data caches.

9. Location Information

When you use the Services we may collect your precise location data. We may also derive your approximate location from your IP address.

10. Call and SMS Data

In connection with providing Service, we may receive call data, including the date and time of the call or SMS message, the parties phone numbers, and the content of the SMS message. You consent to the receipt, collection and storage of this information.

11. Aggregated Data

We may collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data is de-identified or anonymized and does not constitute Personal Data as this data does not directly or indirectly reveal your identity. If we ever combine Aggregated Data with your Personal Data so that it can directly or indirectly identify you, we treat the combined data as PII which will only be used in accordance with this Privacy Policy.

12.Children’s Privacy

Our Services are intended for users who have attained the age of majority where they reside (18 years of age or older in most jurisdictions) unless they have received parental or legal guardian consent to use our Services. Furthermore, we do not knowingly collect personally identifiable information (PII) from persons under the age of 13 in the United States (“U.S.”), or under the age of 16 in the European Union (“EU”), the “Protected Age”. If you are under the Protected Age, please do not provide us with information of any kind whatsoever. If you have reason to believe that we may have accidentally received information from a child under the Protected Age, please contact us immediately. If we become aware that we have inadvertently received Personal Information from a person under the Protected Age, we will delete such information from our records.

13. The Legal Basis and Reasons For Collection and Processing Your Personal Information

The legal basis upon which we rely for the collection and processing of your Personal Information under the GDPR are the following:

• When signing up to use our Services, you have given Innago consent to provide you with our Services and generally to process your information in accordance with this Privacy Policy; and to the transfer of your personal data to other jurisdictions including, without limitation, the United States;
• It is necessary for entering into, or performing, the obligations of a contract between you and Innago, including, without limitation, our Terms of Use agreement which may be accessed by you here https://my.innago.com/termsandcondition;
• It is necessary registering you as a user, managing your account and profile, and authenticating you when you log in;
• It is necessary for our legitimate interests in the proper administration of our website and business; analyzing the use of the website and our Services; assuring the security of our website and Services; maintaining back-ups of our databases; and communicating with you;
• To resolve technical issues you encounter, to respond to your requests for assistance, comments and questions, to analyze crash information, to repair and improve the Services and provide other customer support;
• To send communications via email and within the Services, including, for example, responding to your comments, questions and requests, providing customer support, and sending you technical notices, product updates, security alerts, and account management related messages;
• To send promotional communications that you have consented to receive or have expressed a legitimate interest in receiving;
• It is necessary for our legitimate interests in the protection and assertion of our legal rights, and the legal rights of others, including you; and
• It is necessary for our compliance with certain legal provisions which may require us to process your personal data. By way of example, and without limitation, we may be required by law to disclose your personal data to law enforcement or a regulatory agency.

14. Protective Measures We Use

We protect your information using commercially reasonable technical and administrative security measures to reduce the risks of loss, misuse, unauthorized access, disclosure and alteration. Some of the safeguards we use are firewalls and data encryption, physical access controls to our data centers, and information access authorization controls. Although we take measures to secure your information, we do not promise, and you should not expect, that your personal information, or searches, or other information will always remain secure. We cannot guarantee the security of our information storage, nor can we guarantee that the information you supply will not be intercepted while being transmitted to and from us over the Internet including, without limitation, email and text transmissions. The GDPR and certain jurisdictional laws may not allow the exclusion or limitation of certain liability for data security. If these laws apply to you, some or all of the above limitations may not apply to you. In the event that any information under our control is compromised as a result of a breach of security, we will take reasonable steps to investigate the situation and where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations.

15. How We Use Information We Collect

Our primary purpose in collecting, holding, using and disclosing your Information is for our legitimate business purposes and to provide you with a safe, smooth, efficient, and customized experience. We will not rent, sell, lease or barter your information to anyone unless you grant us explicit permission for this information to be shared in that manner. We will use this information in order to:

• Operate and provide our Services;
• To facilitate payments to and from your bank account in coordination with our secure third party payment service provider;
• Improve our internal operations, systems, products, and Services;
• Provide users with customer support including, sending you related information, including confirmations, technical notices, updates, security alerts, and administrative messages;
• Understand you and your preferences to enhance your experience and enjoyment using our Services;
• Analyze, improve and manage our Services and operations;
• Resolve problems and disputes, and engage in other legal and security matters;
• Protect, investigate, and deter against fraudulent, unauthorized use or illegal activity
• Enforce our Terms of Use and any terms and conditions of any agreements for our Services;
• Send you communications we think will be of interest to you, including information about our services, products, promotions, news, and events of Innago; and
• Verify your identity and prevent impersonation, spam or other unauthorized or illegal activity including, without limitation, infringement of intellectual property rights of third parties.

16. How We Share Information We Collect

• We share the information we collect about you as described in this Privacy Policy, or as described at the time of collection or sharing, as follows:
  • If you are a tenant, or a prospective tenant applicant, we share your Personal Information with your landlord or the property management company that uses our Services to manage your residential leasing arrangement;
  • With third party Service Providers to enable them to provide the Services you request including, without limitation, maintenance and service personnel and subcontractors of your landlord or property management company;
  • With third parties with whom you choose to let us share information, for example other websites or apps that integrate with our API or Services, or those with an API or Service with which we integrate;
  • With Innago subsidiaries and affiliated entities that provide services or conduct data processing on our behalf, or for data verification, data centralization and/or logistics purposes;
  • With vendors, consultants, marketing partners, and other service providers who need access to such information to carry out work on our behalf;
  • In response to a request for information by a competent authority if we believe disclosure is in accordance with, or is otherwise required by, any applicable law, regulation, court or legal process;
  • With law enforcement officials, government authorities, or other third parties if we believe your actions are inconsistent with our user agreements, Terms of Use, or policies, or to protect the rights, property, or safety of Innago, our users or others;
  • In connection with, or during negotiations of, any merger, sale of company assets, consolidation or restructuring, financing, or acquisition of all or a portion of our business by or into another company;
  • If we otherwise notify you and you consent to the sharing; and
  • In an aggregated and/or de-identified form which cannot reasonably be used to identify you. We only use such data in the aggregate form and our analytical services do not record any personal information.
• We may disclose Your Information as follows:
  • To any person who, in our reasonable judgment, is authorized to receive Your Information as your agent, including as a result of your business dealings with that person (for example, your attorney);
  • As required by law or ordered by a court, regulatory, or administrative agency;
  • As we deem necessary, in our sole discretion, if we believe that you are violating any applicable law, rule or regulation, or are otherwise interfering with another’s rights or property, including, without limitation, our rights or property;
  • To enforce our Terms of Use, this Privacy Policy, and any other applicable agreements and policies.

17. User-Created Content and Public Sharing

• If you share User-Created Content, as defined in our Terms of Use Agreement section 4. d., or post a comment or message that contains personally identifiable information to a page on our Services that is accessible to the public, third parties may use that information, or share it with other parties. As a result, you may receive unsolicited messages from other parties. Such User-Created Content, comments or messages is not subject to this Privacy Policy and you share this information at your own risk.
• You will need to contact Innago in the event that you wish to have this personally identifiable information removed from our Service. Please note that responding to your request may not ensure complete or comprehensive removal from the internet if the content or information has been reposted by another party. To request removal of content or information from our Services, please contact us at support@innago.com.

18. Analytic Services Provided By Others

We may allow others to provide audience measurement and analytics services for us, to serve advertisements on our behalf across the Internet, and to track and report on the performance of those advertisements. These entities may use Cookies, Web Beacons, software development kits (SDKs), and other technologies to identify your device when you visit our Site and use our Services, as well as when you visit other online sites and services.

19. Links to Third-Party Websites

• Our Services, as well as the email messages sent with respect to our Services, may contain links or access to websites operated by third parties, including advertisers, that are beyond our control. Links or access to third parties from our Services are not an endorsement by us of such third parties, or their websites, applications, products, services, or practices. We are not responsible for the privacy policy, terms and conditions, practices or the content of such third parties. These third-parties may send their own Cookies to you and independently collect data.
• If you visit or access a third-party website, application or other property that is linked or accessed from our Services, we encourage you to read any privacy policies and terms and conditions of that third party before providing any personally identifiable information. If you have a question about the terms and conditions, privacy policy, practices or contents of a third party, please contact the third party directly.

20. Promotional Information Opt Out

You may opt out of receiving promotional messages from us at any time by following the instructions in those messages sent to you including emails, or by contacting us at any time using the Contact Us information at the end of this Privacy Policy. In doing so, you elect not to receive correspondence from us or have Your Information shared with other entities for their marketing purposes. If you opt out, we may still send you non-promotional communications, such as those about your account, about Services you have requested, or our ongoing business relations.

21. International Privacy Practices

In order to provide our products and services to you, we may send and store your personal information outside of the country where you reside or are located, including to the United States. Accordingly, if you reside or are located outside of the United States, your personal information may be transferred outside of the country where you reside or are located, including countries that may not, or do not, provide the same level of protection for your personal information. We are committed to protecting the privacy and confidentiality of personal information when it is transferred. If you reside or are located within the European Union (“EU”) or European Economic Area (“EEA”) and such transfers occur, we take appropriate steps to provide the same level of protection for the processing carried out in any such countries as you would have within the EU and EEA to the extent feasible under applicable law. By accessing and using the Innago Website, App or our Services, users who reside, or are located, in countries outside of the United States, agree and consent to the transfer to, and processing of, personal information on servers located outside of the country where they reside, and assume the risk that the protection of such information may be different, and may be less protective, than those required under the laws of their residence or location.

22. Your Access and Rights to Your Personal Information Under the GDPR

Under the GDPR, you have certain rights in relation to Personal Information we hold about you. You can exercise any of the following rights by contacting us using any of the methods in the Contact section below. We may need to request specific information from you to help us confirm your identity and ensure your right to access your Personal Data (or to exercise any of your other rights). This is a security measure to ensure that Personal Data is not disclosed to any person who has no right to receive it. We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

• Right to Access Your Personal Data. You have the right to access information held about you for the purpose of viewing and in certain cases updating or deleting such information. Furthermore, if you prefer that Innago does not share certain information as described in this Privacy Policy, you can direct Innago not to share that information. We will comply with an individual’s requests regarding access, correction, sharing and/or deletion of the personal data we store in accordance with applicable law. To make changes to your account affecting your personal information contact us at the email address in our Contact section below. For any deletion, non-sharing or update request, we will make the changes as soon as practicable, however this information may stay in our backup files. If we cannot make the changes you want, we will let you know and explain why.
• Right of Correction or Completion of Your Personal Data. If personal information we hold about you is not accurate, out of date or incomplete, you have a right to have the data corrected or completed. To make corrections to your account please contact us at the email address in our Contact section below.
• Right of Erasure or Deletion of Your Personal Data. In certain circumstances, you have the right to request that personal information we hold about you is deleted. If we cannot delete the information you want, we will let you know and explain why. To request information deletion please contact us at the email address in our Contact section below
• Right to Object to or Restrict Processing of Your Personal Data. In certain circumstances, you have the right to object to our processing of your personal information. For example, you have the right to object to use of your personal information for direct marketing purposes. Similarly, you have the right to object to use of your personal information if we are processing your information on the basis of our legitimate interests and there are no compelling legitimate grounds for our processing which supersede your rights and interests. You may also have the right to restrict our use of your personal information, such as in circumstances where you have challenged the accuracy of the information and during the period where we are verifying its accuracy. To object to or restrict processing please contact us at the email address in our Contact section below.
• Right to Data Portability or Transfer of Your Personal Data. You have the right to be provided with a copy of the information we maintain about you in a structured, machine-readable and commonly used format. To receive a copy of the information we maintain about you please contact us at the email address in our Contact section below.
• Right to Withdrawal of Consent. If you have given your consent to us to process and share your Personal Information after we have requested it, you have the right to withdraw your consent at any time. To withdraw your consent please contact us at the email address in our Contact section below.
• Right to Complain. If you’re based in the EU, you can file a complaint with the supervisory authority in your Member State. By way of example, and without limitation, if you reside in the United Kingdom you can file a complaint with the Information Commissioner’s Office here https://ico.org.uk/. Please contact the supervisory authority in your Member State.

23. Sharing Information With Law Enforcement

• Innago is committed to cooperating with law enforcement while respecting each individual’s right to privacy. If Innago receives a request for user account information from a government agency investigating criminal activity, we will review the request to be certain that it satisfies all legal requirements before releasing information to the requesting agency.
• Furthermore, under 18 U.S.C. §§ 2702(b)(8) and 2702(c)(4) (Voluntary Disclosure Of Customer Communications or Records), Innago may disclose user account information to law enforcement, without a subpoena, court order, or search warrant, in response to a valid emergency when we believe that doing so is necessary to prevent death or serious physical harm to someone. Innago will not release more information than it prudently believes is necessary to prevent harm in an emergency situation.

24. Account Information

You may correct your account information at any time by logging into your online account. You may cease using your account at any time. If you wish us to delete your account, please email us at support@innago.com Please note that in some cases we may retain certain information about you as required by law, or for legitimate business purposes to the extent permitted by law.

25.Our Information Retention Policy

Unless you request that we delete certain information, we retain the information we collect for as long as your account is active or as needed to provide you services. Following termination or deactivation of your account, we will retain information for at least 1 year and may retain the information for as long as needed for our business and legal purposes. We will only retain your Personal Data for so long as we reasonably need to unless a longer retention period is required by law (for example for regulatory purposes).

26. California Privacy Rights

This section has been provided to comply with the California Consumer Privacy Act of 2018 as amended (the “CCPA”), and applies solely to residents of the State of California; it is designed to supplement the information provided elsewhere in this Privacy Policy. Please read the entire Privacy Policy in conjunction with the following terms.

• Information We Collect. We collect information that identifies directly or indirectly, with a particular person or a device (“personal information”). Below is a list of the categories of personal information we have collected about California residents in the past 12 months:
  • Identifiers. A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers..
  • Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.
  • Commercial information. Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
  • Internet or other similar network activity. Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.
  • Professional or employment-related information. Current or past job history or performance evaluations.
• Direct Collection. We collect information directly from you when you fill out forms or fields through our Service; register for an account; order products or services from, or through our Service; provide responses to a survey or questionnaire; join or enroll in an event through our Service; sign up for any newsletters or other materials; provide information to us through a third-party application, service or website; communicate with us or request information about us, or our products or Service, whether via email or other means; and participate in any of our marketing initiatives.
• Indirect Collection. We may Collect Information Indirectly from you through the use of various technologies, including, but not limited to Cookies, Pixel Tags and Web Beacons.
• Our Use of Personal Information.
  Please refer to Section 15 of this Privacy Policy.
• How We Share Personal Information.
  Please refer to Section 16 a. of this Privacy Policy. Below is a list of the categories of personal information that we may have shared in the preceding 12 months:
  • Identifiers.
  • Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
  • Commercial information.
  • Internet or other similar network activity.
  • Professional or employment-related information.
• Disclosures of Personal Information.
  Please refer to Section 16 b. of this Privacy Policy. Below is a list of the categories of personal information that we may have disclosed in the preceding 12 months:
  • Identifiers.
  • Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
  • Commercial information.
  • Internet or other similar network activity.
  • Professional or employment-related information.
• California Residents Under the Age of 16. We do not sell the Personal Information of California residents under 16 years of age without affirmative authorization.INDIVIDUAL RIGHTS AND CHOICES FOR CALIFORNIA RESIDENTS
• Right to Access Specific Information and to Data Portability
  You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:
  • The categories of personal information we collected about you.
  • The categories of sources for the personal information we collected about you.
  • Our business or commercial purpose for collecting that personal information.
  • The categories of third parties with whom we share that personal information.
  • The categories of personal information that each recipient received.
  • The specific pieces of personal information we collected about you.
• Right to Request Deletion
  You have the right to request that we delete any of your personal information that we collected from you, subject to certain exceptions. Once we receive and confirm your verifiable consumer request we will delete your personal information from our records
• Exercising Your Rights to Access, Data Portability, and Deletion
  To exercise the access, data portability, and deletion rights discussed herein, you must submit a verifiable consumer request to us using the How to Contact Us information at the end of this Privacy Policy. Only you, or a person you have designated in writing as your authorized agent (“Authorized Agent”), may make a verifiable consumer request twice within a 12-month period. The verifiable consumer request must (a) describe your request in adequate detail, and (b) include sufficient information that allows us to verify that you are the person associated with the personal information we collected.
• Non-Discrimination
  We will not discriminate against you because you exercise any of the rights provided by the California Consumer Privacy Act.
• Do Not Sell My Personal Information; Opt Out The CCPA requires businesses to provide a web page where consumers can opt out of the ”sale” of their Personal Information. The link to our Do Not Sell My Personal Information web form is located in the footer of our home page or click here. Furthermore, you may opt out of receiving promotional messages from us at any time by following the instructions in those messages sent to you including emails, or by contacting us at any time using the How to Contact Us information at the end of this Privacy Policy. In doing so, you elect not to receive correspondence from us or have your personal information shared with other entities for their marketing purposes. If you opt out, we may still send you non-promotional communications, such as those about your account, about services you have requested, or our ongoing business relations.
• Other California Privacy Rights
  • Shine The Light Law. California Civil Code Section 1798.83 entitles California residents to request information concerning whether a business has disclosed Personal Information to any third parties for their direct marketing purposes. California residents may request and obtain from us once a year, free of charge, information about the personal information, if any, we disclosed to third parties for direct marketing purposes within the immediately preceding calendar year. If applicable, this information would include a list of the categories of personal information that was shared and the names and addresses of all third parties with which we shared information within the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing using the information in the How to Contact Us section at the end of this Privacy Policy.
  • Do Not Track. Some web browsers may give you the ability to enable a “do not track” feature that sends signals to the websites you visit, indicating that you do not want your online activities tracked. We do not take any action in response to this signal.

27. Contact Us

If you have any questions or if you would like to contact us about our processing of your personal information, including exercising your rights as outlined above, please contact us by any of the methods below. When you contact us, we will ask you to verify your identity.

Innago
Contact name: Data Protection Officer
Email: support@innago.com
Phone: 513-964-0172
Our office address: 1780 Stoney Hill Dr Suite A, Hudson, OH 44236

Last updated: April 9, 2020

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