Terms of Service

These Terms of Service ("Terms") govern your access to and use of the websites, applications, and services (collectively, the "Service") provided by Cherry Eastwood Holdings, d/b/a Atrium Community Solutions ("Atrium," "we," "us," or "our"). Please read these Terms carefully. By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not access or use the Service.

1. Acceptance of Terms

By creating an account, accessing, or otherwise using the Service, you confirm that you have read, understood, and agree to these Terms and to our Privacy Policy, which is incorporated here by reference. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms, and "you" refers to that organization.

2. Definitions

• "Account" means a registered profile that allows you to access the Service.
• "Content" means any text, images, data, files, or other materials available through the Service.
• "User Content" means Content that you submit, upload, or otherwise make available through the Service.
• "Service" has the meaning given above and includes any related software, APIs, and documentation.

3. Eligibility

You must be at least 18 years old (or the age of majority in your jurisdiction) to use the Service. By using the Service, you represent and warrant that you meet this requirement and that you are not barred from using the Service under the laws of any applicable jurisdiction.

4. Accounts and Registration

To access certain features, you may need to create an Account. You agree to:

• Provide accurate, current, and complete information;
• Maintain and promptly update your information;
• Keep your login credentials confidential; and
• Be responsible for all activity that occurs under your Account.

You must notify us promptly at http://privacycontact.atrium.community of any unauthorized use of your Account. We are not liable for any loss arising from unauthorized use of your Account that results from your failure to safeguard your credentials.

5. Description of the Service

Atrium provides a comprehensive community association management platform for homeowner and condo associations of all sizes. We may modify, suspend, or discontinue any part of the Service at any time, with or without notice. We are not liable to you or any third party for any modification, suspension, or discontinuation of the Service, except as required by law.

6. License to Use the Service

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal or internal business purposes. This license does not include any right to:

• Resell, sublicense, or commercially exploit the Service except as expressly permitted;
• Copy, modify, or create derivative works of the Service;
• Reverse engineer or attempt to extract the source code of the Service, except where such restriction is prohibited by law; or
• Use any automated means to access the Service in a manner that sends more requests than a human could reasonably produce, except via documented APIs in accordance with their terms.

7. Acceptable Use

You agree not to use the Service to:

• Violate any applicable law or regulation;
• Infringe the intellectual property or other rights of any party;
• Upload or transmit malware, or interfere with the integrity or performance of the Service;
• Harass, abuse, defame, or harm another person;
• Attempt to gain unauthorized access to any system, account, or data;
• Collect or harvest information about other users without consent; or
• Use the Service to send unsolicited communications (spam).

We reserve the right, but are not obligated, to investigate and take appropriate action against anyone who violates this section, including removing Content and suspending or terminating Accounts.

8. User Content

Your ownership. You retain all rights in your User Content. We do not claim ownership of it.

License to us. By submitting User Content, you grant Atrium a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to host, store, reproduce, modify (for technical purposes such as formatting), display, and distribute your User Content solely as necessary to operate, provide, and improve the Service.

Your responsibility. You are solely responsible for your User Content and represent that you have all rights necessary to grant the license above and that your User Content does not violate these Terms or any law.

Removal. We may remove or disable access to any User Content that we believe violates these Terms or may expose us to liability.

9. Intellectual Property

The Service, including its software, design, text, graphics, logos, and trademarks (excluding User Content), is owned by Atrium or its licensors and is protected by intellectual property laws. Except for the limited license granted to you, these Terms do not transfer any right, title, or interest in the Service to you. "Atrium" and our logos are trademarks of Atrium; you may not use them without our prior written permission.

10. Feedback

If you provide suggestions, ideas, or other feedback about the Service, you grant us a perpetual, irrevocable, royalty-free license to use that feedback for any purpose without obligation or compensation to you.

11. Third-Party Services and Links

The Service may contain links to or integrations with third-party websites or services that we do not control. We are not responsible for the content, policies, or practices of any third party. Your use of third-party services is governed by their terms, not these Terms.

12. Fees and Payment

Fees. Certain features may require payment of fees. You agree to pay all applicable fees as described at the time of purchase.

Subscriptions and renewals. If you purchase a subscription, it will automatically renew at the end of each billing period unless you cancel before the renewal date. You authorize us (or our payment processor) to charge your payment method on a recurring basis.

Taxes. Fees are exclusive of taxes unless stated otherwise. You are responsible for any applicable taxes.

Refunds. Except as required by law or expressly stated, fees are non-refundable.

Changes to fees. We may change our fees from time to time. We will give you reasonable notice of any fee change before it takes effect.

13. Privacy

Your use of the Service is subject to our Privacy Policy, which explains how we collect, use, and share information.

14. Termination

You may stop using the Service at any time. We may suspend or terminate your access to the Service at any time, with or without cause and with or without notice, including if we believe you have violated these Terms. Upon termination, your right to use the Service ends immediately. Sections that by their nature should survive termination (including ownership, disclaimers, limitation of liability, and dispute resolution) will survive.

15. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ATRIUM AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF USD $100 OR THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

17. Indemnification

You agree to indemnify and hold harmless Atrium and its affiliates from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Service, your User Content, or your violation of these Terms or any law or third-party right.

18. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will provide reasonable notice (for example, by posting the updated Terms with a new "Last updated" date or by notifying you through the Service). Your continued use of the Service after the changes take effect constitutes acceptance of the revised Terms.

19. Governing Law and Dispute Resolution

These Terms are governed by the laws of Florida, United States, without regard to its conflict-of-laws rules.

20. Miscellaneous

• Entire Agreement. These Terms, together with any policies referenced here, constitute the entire agreement between you and Atrium regarding the Service.
• Severability. If any provision is held unenforceable, the remaining provisions will remain in effect.
• Waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
• Assignment. You may not assign these Terms without our prior written consent. We may assign them freely.
• Force Majeure. We are not liable for any failure or delay caused by events beyond our reasonable control.
• No Agency. Nothing in these Terms creates a partnership, agency, or employment relationship between you and Atrium.

21. Contact Us

If you have questions about these Terms, contact us at: