Terms of Use

These Terms of Use govern your access to and use of the Platform, applications, and related services made available to you by Chainels B.V. or its affiliate identified in your Organization's agreement with Chainels, referred to in these Terms as Chainels, we, us, or our. Chainels develops, maintains, and provides an online communication platform for Communities of Companies and/or residents (Households).

By creating an account, clicking to accept these Terms, or accessing or using the Platform, you agree to be bound by these Terms.

You confirm that you are authorized to use the Platform in connection with the Organization and that your use of the Platform is connected to the Organization's use of Chainels.

If you do not agree to these Terms, you must not create an account or use the Platform.

In these Terms, the following terms have the meanings set out below:

• Community means a group of Companies and/or Households, designated by the Organization, that makes use of the Platform.
• Company means a legal entity that runs an enterprise and is affiliated with the Community.
• Household means a group of individuals living at the same residential address within the geographical area of the Community.
• Organization means the community management entity, such as a property manager, landlord, operator, homeowners' association, resident association, or other entity, that has made the Platform available to its affiliated Companies, Households, and Users.
• Platform means the Chainels online communication platform, including its web application, mobile applications, APIs, and related technical infrastructure, as made available by Chainels.
• User means a natural person who accesses or uses the Platform in connection with a Company, Household, or Organization.

You may use the Platform only if:

• you have been invited, registered, approved, or otherwise authorized by the Organization or by Chainels;
• the information you provide is accurate, complete, and kept up to date;
• your access and use comply with applicable law and these Terms; and
• you are legally capable of entering into these Terms.

You may only use the Platform for purposes connected with the Organization's legitimate use of the services.

If you invite or add other persons to the Platform, you represent and warrant that each such person is genuinely affiliated with the relevant Organization, Company, or Household and has granted permission for their data to be used for the purpose of creating an account on the Platform.

The Platform is made available by Chainels on behalf of the Organization for the Companies and/or Households affiliated with the Organization. Through the Platform, Users can find relevant information about the Organization and other affiliated Companies and Users and contact them directly. Your access is connected to the Organization that has made the Platform available to you.

The Organization is responsible for:

• deciding who is authorized to access the Platform;
• managing and deactivating User accounts;
• determining how the Platform is used within its Organization or Community;
• the content submitted by its Users; and
• providing any privacy notices required in connection with the processing of personal data through the Platform.

Chainels may rely on instructions and permissions received from the Organization regarding your access to the Platform.

You are responsible for maintaining the confidentiality of your login credentials and for all activity occurring under your account.

The Company or Household to which you belong shall, following the allocation of an account, be responsible and liable for any unauthorized use of that account and for all activities that take place in or through the account. Neither the Organization nor Chainels shall be responsible or liable for any damage or loss resulting from unauthorized use of your account.

You must:

• keep your password and other credentials secure;
• not share your account with any other person;
• not allow anyone else to access the Platform using your credentials;
• promptly notify the Organization or Chainels of any actual or suspected unauthorized access, loss of credentials, or security incident involving your account; and
• ensure that any device you use to access the Platform is adequately protected.

We may require you to adopt reasonable security measures, including multi-factor authentication where available.

You may use the Platform only as permitted by these Terms, by the Organization's policies, and by applicable law.

Subject to your compliance with these Terms, Chainels grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Platform solely for purposes connected with the Organization's use of the services.

You must not, and must not attempt to, use the Platform in a way that:

• violates any applicable law, regulation, court order, or regulatory requirement;
• is fraudulent, misleading, deceptive, abusive, harassing, threatening, defamatory, discriminatory, obscene, or otherwise inappropriate;
• infringes or misappropriates the intellectual property rights, privacy rights, confidentiality rights, or any other rights of Chainels, the Organization, or any third party;
• stores, uploads, posts, shares, transmits, or distributes viruses, malware, ransomware, spyware, malicious code, or any other harmful material;
• accesses or attempts to access accounts, data, systems, or parts of the Platform without authorization;
• interferes with, disrupts, damages, disables, overburdens, or impairs the Platform or the use of the Platform by any other person;
• circumvents, disables, defeats, or otherwise makes ineffective any security feature, authentication measure, rate limit, usage cap, or access restriction of the Platform;
• probes, scans, tests, or assesses the vulnerability, security, performance, or capacity of the Platform without Chainels' prior written consent;
• copies, reproduces, modifies, creates derivative works of, republishes, distributes, sells, leases, licenses, sublicenses, discloses, or exploits any part of the Platform except as expressly permitted by law or by Chainels in writing;
• decompiles, disassembles, reverse engineers, or otherwise attempts to derive source code, underlying ideas, algorithms, models, or structure from the Platform, except where such restriction is prohibited by mandatory law;
• uses the Platform to avoid fees, evade usage restrictions, or exceed contractual usage limitations applicable to the Organization;
• uses information obtained through the Platform to build, support, benchmark for publication, train, enhance, or operate a competing product or service;
• uses the Platform in connection with any product or service that competes with Chainels;
• uploads, inputs, or submits any documentation, content, communications, directories, notifications, community updates, or other materials made available by Chainels through the Platform into any third-party AI or machine learning service, except where expressly authorized by Chainels in writing;
• uses automated means, bots, scrapers, crawlers, scripts, or bulk extraction methods to access or extract data from the Platform, except where expressly permitted by Chainels in writing;
• submits false, inaccurate, or misleading information;
• impersonates any person or entity or falsely suggests affiliation, endorsement, or authority;
• uses the Platform in a manner that could harm Chainels, the Organization, other Users, or third parties;
• encourages, facilitates, or assists any third party to do any of the foregoing.

Internal benchmarking solely for the Organization's internal evaluation may be permitted where authorized by the Organization and where results are not published or disclosed to third parties.

Chainels may implement fair use restrictions and technical usage limitations, including limits relating to API calls, processing volumes, storage, message volumes, concurrent sessions, and feature access. You must not attempt to bypass such limitations.

The Platform may allow you to submit, upload, send, post, or otherwise make available text, images, documents, messages, comments, profile information, files, or other content.

You are solely responsible for any content you submit through the Platform and for ensuring that such content:

• is accurate and not misleading;
• does not violate these Terms or applicable law;
• does not infringe any third-party rights;
• does not contain harmful code; and
• is appropriate for the intended context of the Platform.

You retain any rights you may have in your content, subject to the rights necessary for Chainels and the Organization to operate the Platform and provide the services. Accordingly, you grant Chainels and, where relevant, the Organization a non-exclusive, worldwide, royalty-free license to host, store, reproduce, display, transmit, process, and otherwise use your content as necessary to operate, maintain, secure, support, and improve the Platform and related services. This license shall continue for the duration of your access to the Platform and, following termination of your access, to the extent reasonably necessary for Chainels and the Organization to comply with applicable law, enforce these Terms, and complete any processing in progress at the time of termination.

Content shared within a Community on the Platform may be confidential. You must not distribute such content outside of the Community unless you have obtained explicit permission from the User who submitted it.

If you have been granted rights to moderate, edit, or delete content submitted by other Users, you must exercise those rights fairly and in good faith, in the interest of the Community, and in accordance with applicable law.

If you change or supplement data relating to a Company, Household, or other entity on the Platform, you acknowledge that neither Chainels nor the Organization assumes any responsibility for the correctness or completeness of such data.

The Platform may include AI-enabled features or integrations.

If you use any AI-enabled functionality:

• you must not input unlawful, infringing, or inappropriate content;
• you must not input personal data unless such use is clearly permitted by the Organization and applicable law;
• you understand that AI-generated outputs may be inaccurate, incomplete, biased, or outdated; and
• you remain responsible for reviewing and validating outputs before relying on them.

AI-generated content is provided for informational assistance only and does not constitute professional advice, recommendations, or guarantees of outcome.

Certain AI-enabled features may use information from your prior interactions with those features, such as previous prompts or stated preferences, to personalize your subsequent interactions with such features. This does not involve using your data to train the underlying AI models. Where such functionality is enabled, further information is available in the Organization's privacy notice.

Where the Platform allows integration with third-party AI systems selected by the Organization, Chainels is responsible only for the connector or interface it provides, not for the performance, availability, legality, security, or outputs of those third-party AI systems.

The Platform may include features, or offer services, available to you against remuneration, such as payment of a fee or a recurring subscription. To the extent you elect to use any such features or services you will be charged the fees as specified on the Platform, and Chainels and its payment processing services provider will process personal data you have submitted in connection with your acquisition of and payment for the features or services solely for the purposes of processing your payment and providing access to the relevant feature or service.

The Platform, including its software, design, structure, interfaces, text, graphics, logos, features, documentation, and all related intellectual property rights, is owned by Chainels or its licensors. Except for the limited right to use the Platform under these Terms, no rights are granted to you.

You may not remove, obscure, or alter any copyright, trademark, confidentiality, or proprietary notices.

The Chainels name, logos, and branding may not be used without prior written permission.

The Platform may contain links to, integrations with, or functionality that depends on third-party products or services.

Chainels is not responsible for third-party services and makes no representations or warranties about them. Your use of third-party services may be subject to separate terms and privacy notices of those third parties.

Your personal data will be processed in connection with your use of the Platform. The Organization is generally responsible for the privacy notice presented to you in relation to the Organization's use of the Platform and the personal data it and its Users submit through the Platform.

Chainels processes personal data in accordance with applicable data protection law and its agreements with the Organization.

By using the Platform, you acknowledge that:

• your account and use of the Platform may involve the processing of your personal data;
• your content and activity on the Platform may be visible to the Organization and, depending on functionality and permissions, to other Users within your Community;
• Chainels may process technical and usage data, including data collected through email notification tracking pixels, to operate, secure, support, analyze, and improve the Platform. Email notification tracking may be disabled for specific Communities or jurisdictions in accordance with applicable law; and
• the Organization may control aspects of your account, access, and content as part of its administration of the service.

Email notifications sent through the Platform may contain a tracking pixel (a small, invisible image) that registers whether the email has been opened. This tracking is used to support the deliverability and effectiveness of the Platform's communication services. In certain jurisdictions or for specific Communities, the tracking pixel may be disabled in accordance with applicable law. Where tracking is active and used for purposes beyond deliverability, you may opt out through the mechanism described in the Chainels Privacy Policy. Where applicable law requires your prior consent for the use of the tracking pixel, the tracking pixel will not be activated for your notifications unless such consent has been obtained.

For more information, please consult the applicable privacy notice presented to you by the Organization, the Chainels Privacy Policy, and any other Chainels privacy documentation made available through the Platform.

Chainels may monitor use of the Platform to the extent reasonably necessary to operate, secure, support, protect, and enforce its rights in relation to the Platform and services, and to comply with applicable law.

Chainels may, with or without prior notice where reasonably necessary, suspend, restrict, or terminate your access to the Platform if:

• you breach these Terms;
• your use poses a security risk;
• your use may harm the Platform, Chainels, the Organization, other Users, or third parties;
• your use infringes third-party rights;
• Chainels is required to do so by law or regulatory authority; or
• the Organization instructs Chainels to suspend or terminate your access.

Where reasonably practicable, Chainels may notify the Organization before taking action relating to your account.

Chainels may update, modify, replace, suspend, or discontinue all or part of the Platform from time to time.

Chainels does not guarantee that the Platform will be uninterrupted, error-free, or available at all times.

Chainels may change or remove features or make them subject to additional conditions. Access to some functionality may depend on the Organization's subscription tier or configuration.

Chainels may enable or disable specific Platform functionalities, including email notification tracking, for individual Communities or jurisdictions to comply with applicable law or regulatory guidance. Such changes may affect the availability of certain analytics or engagement metrics for the relevant Organization.

The Platform is provided on an "as is" and "as available" basis.

To the maximum extent permitted by law, Chainels disclaims all implied warranties, conditions, and representations, including any implied warranties of merchantability, fitness for a particular purpose, satisfactory quality, accuracy, availability, non-infringement, and uninterrupted or error-free operation.

Chainels provides all content, notifications, communications, analytics, AI outputs, and other information through the Platform for general informational purposes only, unless expressly stated otherwise. You remain responsible for assessing and verifying such information before relying on it.

To the maximum extent permitted by law, Chainels shall not be liable to you for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, goodwill, data, business, opportunity, or anticipated savings, arising out of or in connection with your use of or inability to use the Platform, unless such damage results from the conscious recklessness of Chainels or its employees.

Nothing in these Terms excludes or limits liability to the extent such liability cannot be excluded or limited under applicable law.

If mandatory law requires liability to attach notwithstanding the foregoing, Chainels' liability to you shall be limited to the maximum extent permitted by applicable law and, where permitted, shall not exceed EUR 100 in aggregate in connection with your use of the Platform.

To the extent permitted by law, you agree to indemnify and hold harmless Chainels and its affiliates, officers, directors, employees, and agents from and against claims, liabilities, losses, damages, and costs, including reasonable legal fees, arising out of or in connection with:

• your breach of these Terms;
• your misuse of the Platform;
• your violation of applicable law; or
• your infringement of any rights of any third party.

These Terms apply from the moment you first accept them or first use the Platform, whichever occurs earlier, and continue until your access ends.

You may stop using the Platform at any time. If you or the Company or Household to which you belong no longer wishes to use the Platform, you may request the Organization to remove the associated account.

Chainels or the Organization may suspend or terminate your access at any time in accordance with these Terms.

Upon termination or suspension:

• your right to access and use the Platform ends immediately to the extent specified;
• you must stop using the Platform;
• Chainels may disable or delete your account subject to applicable law and the Organization's rights; and
• the following sections shall survive termination: Section 7 (User content), Section 10 (Intellectual property), Section 15 (Disclaimers), Section 16 (Limitation of liability), Section 17 (Indemnity), Section 19 (Confidentiality), Section 20 (Governing law and disputes), and Section 22 (General provisions).

If you obtain access through the Platform to non-public information relating to Chainels, the Organization, or any other User, you must keep that information confidential and may use it only as necessary for your authorized use of the Platform.

You must not disclose such information to any third party unless authorized or required by law.

These Terms are governed by the laws of the Netherlands, excluding its conflict of laws rules.

Any dispute arising out of or in connection with these Terms shall be submitted exclusively to the competent courts of The Hague, the Netherlands, unless mandatory law requires otherwise.

The parties shall make reasonable efforts to resolve any dispute arising out of or in connection with these Terms through mutual consultation for a period of at least thirty (30) days before submitting it to the courts.

Chainels may update these Terms from time to time.

Where required by law or where changes are material, Chainels may provide notice by email, through the Platform, or through the Organization. Continued use of the Platform after the updated Terms take effect constitutes acceptance of the updated Terms, to the extent permitted by law.

If you do not agree to updated Terms, you must stop using the Platform.

If any provision of these Terms is found to be invalid, void, or unenforceable, the remaining provisions shall continue in full force and effect. In such event, the invalid or unenforceable provision shall be replaced by a valid and enforceable provision that most closely reflects the intent and economic effect of the original provision.

To contact us, please email us at privacy@chainels.com.

Any non-English version of this text is provided for convenience only and shall not be interpreted as a modification of the authoritative English version.