3. You need to be at least 18 years old and a resident of the United States to register for and use the Service.

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1 TERMS OF USE Updated June 13, 2017 Welcome to Rosy, Incorporated s ( Rosy ) website and application service (the Service ). The following Terms of Use apply when you view or use the Service via our website at or by accessing the service by clicking on the application on your mobile device. By accessing the Service you signify your agreement to these Terms of Use. If you do not agree to these Terms of Use, you may not access or use the Service. 1. The Service is for use by Rosy s property management customers. It allows Rosy to communicate the status of their property, provide notifications, submit invoices for payment and make readily available financial information and other records pertaining to the property. It allows users to communicate with Rosy through a chat feature and provides access to forms for users to input property information and to request Rosy support services. 2. You understand and acknowledge that (i) you are participating in Rosy s Beta Test for the pre-release Service, (ii) you are receiving a preliminary version of the pre-release Service, and (iii) the pre-release Service may not operate properly, may not perform all functions for which it is intended or represented, and may not operate error-free. You agree to use the pre-release Service primarily for purposes of evaluation, agree to provide Rosy with your comments, criticisms, and suggestions for changes with respect to the pre-release Service, and agree to help Rosy identify any and all errors or malfunctions in the operation of the Service. 3. You need to be at least 18 years old and a resident of the United States to register for and use the Service. 4. You must provide your full legal name, a valid address and other information in order to sign up for the Service. You are responsible for keeping this information up to date so we can contact you. You may not provide false or inaccurate information when registering an account. 5. Obviously, you must be a human. We do not permit automated methods of access or registration by bots. 6. You may not let another person use your account and you cannot assign or transfer your account to another person. 7. You are responsible for keeping your password and account secure. 8. Rosy uses Stripe and/or Dwolla to execute online payment transactions. By using this feature of the Service, you agree to be bound by the Stripe Connected Account

2 Agreement, available at or the Dwolla Terms of Use Agreement, available at For avoidance of doubt, if any payment you initiate using the Service does not successfully complete, the payee reserves the right to seek payment from you either through or outside the Service. Any authorization you provide to make repeating automatic payments using the Service will remain in effect until cancelled. 9. When you provide your banking, credit/debit card, or other payment information, you authorize us to use it and disclose it to Stripe, Dwolla or other payment providers for the purpose of processing the payments you authorize on the Service. 10. We never take custody of money you transfer using the Service and we re not responsible for what recipients do with the payments you make. For example, we re not responsible for your landlord returning your deposit. If a payor or payor s bank or card issuer initiates a reversal, chargeback, or dispute of a payment made to you, you authorize us and our third-party payment providers to reverse or otherwise debit funds from your account in accordance with applicable financial institution and network policies and procedures. In the event we are unable to reverse or otherwise debit funds from your account, you agree promptly to deposit such funds upon our request. We may also initiate a reversal or other debit, or take other actions we determine to be appropriate, if we believe fraud or other abuse of the Service has occurred. 11. You may be required to provide additional information or documentation to allow verification of your identity and/or your account information. Rosy and/or its service providers may also verify your information against third party databases or other sources and you authorize Rosy and its service providers to make such inquiries. 12. You are responsible for the accuracy of all information posted to your account. 13. You may not post information that is malicious, false or inaccurate. 14. You may not harass, abuse or threaten Rosy employees or other customers. 15. You may not use the Service for any illegal purposes or for the promotion of any illegal activity. 16. You may not attempt to interfere with the proper functioning of the Service. 17. You may not publish or link to malicious content intended to damage or disrupt another user s browser or computer. 18. Rosy may provide you with convenient links to third party website(s) as well as content or items belonging to or originating from third parties. These links are provided as a

3 courtesy to Service subscribers. The Company has no control over the content, promotions, goods or services available on these sites. You understand and agree that their use is at your own risk and that our terms and policies no longer govern. 19. If you request and accept a credit report or background check report through our service you understand that Rosy is not responsible for the contents of such reports, including credit scores, whether correct or incorrect. Furthermore, if you accept such reports you agree to familiarize yourself with the Fair Credit Reporting Act and any applicable state laws governing the use of consumer reports. 20. If you are a landlord, you agree that you are familiar with all applicable fair-housing and antidiscrimination laws and that you will adhere to them. You acknowledge and agree that it is your sole responsibility to assure compliance with such laws and that you will not rely on any content, opinions or other information provided by the Service pursuant to such laws. 21. Rosy is not a real estate agent or broker. We don t offer advice regarding the suitability of properties or potential tenants. Nothing we say should be construed as such advice and you agree not to rely on us in making such decisions. 22. Under no circumstances will Rosy be responsible for any loss or damage resulting from anyone s reliance on information or other content posted on the Service, or transmitted to users. 23. You acknowledge and agree that Rosy retains ownership of all intellectual property rights of any kind related to the Service, including copyrights, trademarks and other proprietary rights. 24. You grant us a license to copy, host, display, create derivative works from, publish, publicly perform, display and distribute and otherwise make use in connection with providing the Service, all information and content you post. If you are a landlord and authorize us to syndicate your rental listing on third-party sites, you further agree that we may grant sublicenses to applicable third parties as necessary to facilitate such syndication. 25. If you violate our Terms of Service, we may terminate your account without notice. 26. We reserve the right to refuse service to anyone without providing a reason. 27. We reserve the right to modify or terminate the Service for any reason, without notice, at any time.

4 28. If you cancel your account, you must do so via the Service web site or by sending us a letter in the mail. An or phone call request to cancel your account will not be processed. If you cancel your account your information may be irrevocably deleted. You should save a copy of everything that is important before cancelling your account. 29. If you use our Service you agree to indemnify, defend, and hold harmless us and our affiliates, agents, officers, employees and vendors (including third-party credit reporting agencies) from any claim, suit, action or loss arising from or relating to your use of the Service or violation of these Terms of Use, including any liability or expense arising from claims, losses, damages, suits, judgments, civil or criminal fines or other penalties, litigation costs, and attorney's fees. 30. THE SERVICE, IS PROVIDED AS IS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, ROSY MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ROSY, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH ROSY OR ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. 28. If you violate these Terms of Use and we don t take action right away, that doesn t mean we are waiving any of our rights. If any single provision of these Terms of Use is held invalid or unenforceable, that portion of the Agreement will be construed

5 consistent with applicable law. The remaining portions will remain in full force and effect. 29. These Terms of Use and your use of the Service are governed by the federal laws of the United States of America and the laws of the State of District of Columbia, without regard to conflict of law provisions. Any legal action initiated by you must be in the state or federal courts located in Washington, District of Columbia. 30. YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.