DWELLO MOBILE APPLICATION 

TERMS OF USE

These terms and conditions (‘Terms’) (including all updates and variations) and your acceptance of these Terms of Use of the Dwello Licensed Application (‘Licensed Application’) form the agreement between Dwello App, 11617 Leapwood Pl Austin, TX 78759 (‘Dwello App’) and You (‘Agreement’).

In these Terms Dwello App is also referred to by reference to ‘We’, ‘Our’ or ‘Us’ and you are referred to as ‘You’ or ‘User’.

Please read these Terms carefully.

By clicking ‘I Accept’ or taking steps to install the Licensed Application on your mobile or other electronic device (Device), You agree to be bound by these Terms.

These Terms continue to apply unless We notify You of replacement or amended terms and conditions, in which case those terms and conditions will apply to your use of the Licensed Application.

  1. The Licensed Application. 

1.1 Dwello is a Licensed Application (hereafter “Dwello” or “Licensed Application”) that allows Users who are seeking to discuss, communicate and ultimately hire a licensed real estate agent for assistance to buy or sell a home to connect with real estate agent Users (“Dwello Service”).  Dwello allows real estate agent Users to market and advertise their services to Users who are seeking to hire a licensed real estate agent. Dwello has been customized for iOS and Android mobile devices ("Devices").

1.2 Dwello is not a real estate brokerage. 

1.3 Real estate agent Users are not employed by or affiliated with Dwello in any way. Dwello does not partner with real estate agent Users in any way. Real estate agent Users are not agents of Dwello, nor does there exist any joint venture, partnership or any shared ownership relationship between Dwello and real estate agent Users. Dwello does not offer real estate related representation, recommendations or advice. Dwello does not offer or endorse any advice, opinions, recommendations, representation, referrals or counsel provided by real estate agent Users, Users of Dwello or anywhere on the Dwello application. 

1.4 Dwello is not a referral service or employment agency. Dwello does not endorse or recommend any real estate agent User to any User. Dwello does not make any guarantee, warranty, or representation as to the licensing status, qualifications, or competence of any work performed by any real estate agent User. Dwello merely provides a platform through which Users may connect with real estate agent Users for assistance in buying or selling a home. 

1.5 We strongly recommend that Users conduct independent research before accepting any advice or entering into any transactions. Users may look up real estate agent Users via the state Real Estate Commission website for the relevant state. 

1.6 You understand that at no point will Dwello be responsible or liable for any conduct, error, action or omission of any User. 

1.7 You understand that Dwello does not guarantee results, recommend or endorse any User. 

1.8 Any use of Dwello is not intended to, and does not create an agency relationship with Dwello. Communications made via Dwello may not be considered confidential.

1.9 The Licensed Application is not tailored to comply with any industry-specific regulations (for example: Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if Your interactions would be subjected to any such laws, You may not use this Licensed Application. You may not use the Licensed Application in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

1.10 By downloading the Licensed Application from Apple's software distribution platform ("App Store") and Google's software distribution platform ("Play Store"), and any update thereto (as permitted by this Agreement), You indicate that You agree to be bound by all of the terms and conditions of this Agreement, and that You accept this Agreement. App Store and Play Store are referred to in this Agreement as "Services."

1.11 The parties of this Agreement acknowledge that the Services are not a Party to this Agreement and are not bound by any provisions or obligations with regard to the Licensed Application, such as warranty, liability, maintenance and support thereof. Dwello App, not the Services, is solely responsible for the Licensed Application and the content thereof.

1.12 By downloading, installing and accessing the Licensed Application, You agree to be bound by the  latest Apple Media Services Terms and Conditions and Google Play Terms of Service ("Usage Rules"). Dwello App acknowledges that it had the opportunity to review the Usage Rules and this Agreement is not in conflict with those rules.

1.13 Dwello when purchased or downloaded through the Services, is licensed to You for use only under  the terms of this Agreement. The Licensor reserves all rights not expressly granted to You. Dwello    is to be used on devices that operate with Apple's operating systems ("iOS" and "Mac OS") or Google's  operating system ("Android").

  1. Your use of the Licensed Application

2.1 You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application on any Devices that You own or control and as permitted by the Usage Rules, with the exception that such Licensed Application may be accessed and used by other accounts associated with You (“Licensee”) via Family Sharing or volume purchasing.

2.2 This license will also govern any updates of the Licensed Application provided by Licensor that replace, repair, and/or supplement the first Licensed Application, unless a separate license is provided for such update, in which case the terms of that new license will govern.You agree that your use of the Licensed Application will at all times be in accordance with these Terms of Use.

    1. The license We grant to You does not extend to You:

2.3.1 copying or using the program comprising the Licensed Application for the purpose of sale;

2.3.2 installing and using the Licensed Application on any Device other than a Device that You control;

2.3.3 copying, modifying, adapting, extracting, downloading, reproducing or distributing any part of the Licensed Application or material in the Licensed Application (including but not limited to licensed third party material), unless explicitly allowed by Us;

2.3.4 deciphering, decompiling, disassembling or reverse engineering any of the software used to provide the Licensed Application or assisting or authorizing any other persons to do so, avoiding, bypassing, removing, deactivating, impairing, descrambling or otherwise circumventing any technological measure implemented by Dwello App or any other third party to protect the Licensed Application;

2.3.5 using, displaying, mirroring, framing or utilizing framing techniques to enclose or copy any individual element or materials contained within the Licensed Application, the Dwello name, any Dwello trade mark, logo or other proprietary information, (including the Dwello trade mark), the content of any text or the layout and design of any page or form contained on a page, other than as may be permitted by Dwello;

2.3.6 removing, obscuring or altering any legal notices displayed in the Licensed Application;

2.3.7 violating any applicable law or regulation; or

2.3.8 using the Licensed Application if You are no longer employed or engaged by the Licensee.

2.4 Dwello App will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Licensed Application security issues, to the fullest extent of the law.

2.5 To the extent that You choose to access the Licensed Application, You are responsible for compliance with any applicable laws, including but not limited to applicable local laws.

  1. Updating and Modifications

3.1 We may, at Our sole discretion, change, add or remove any of the functionality or the design of the Licensed Application at any time without notice to You and if We do update the Licensed Application, these terms and conditions will govern any such update to the Licensed Application.

3.2 To continue to access the Dwello Service via the Licensed Application You must update the Licensed Application each time there is an update to the Licensed Application.

3.3 We reserve the right, at Our sole discretion, to change, suspend, discontinue, disable or terminate the Licensed Application or to modify these Terms or the fees, at any time and without prior notice.

3.4 In no event will We be liable for the removal of or disabling of access to the Licensed Application.

3.5 We may also impose limits on the use of or access to certain parts of the Licensed Application, in any case and without notice or liability.

3.6 We reserve the right not to post or publish any materials, and to delete, remove or edit any material on or from the Licensed Application, at any time in its sole discretion without notice or liability.

3.7 By continuing to access or use the Licensed Application after We have posted a modification or have provided You with notice of a modification, You are indicating that You agree to be bound by the modified Terms.

3.8 If the modified Terms are not acceptable to You, You must immediately cease using the Licensed Application.

  1. Content accessed on or through the Licensed Application

4.1 If the Mobile App includes content that is made available by a third party, or includes a link to a third-party website (being someone other than Us), then You agree that We are not responsible for examining or evaluating, or the accuracy or completeness of, that content. 

4.2 Information or links to third-party content are provided for convenience only and You should not rely on them as a statement of Dwello policy or advice by Us on any particular matter.

4.3 We are not responsible for the content and privacy practices of third-party websites and We recommend that You examine each website’s Privacy Policy separately.

4.4 We are not responsible for the content and privacy practices of third party websites and We recommend that You examine each website’s Privacy Policy separately.

  1. Intellectual Property

5.1 You acknowledge that the Licensed Application contains proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that Dwello is a trade mark owned by Dwello App.

5.2 Dwello App owns the intellectual property in the Licensed Application, and in Dwello App content contained in the Licensed Application.

5.3 You will not use Dwello proprietary content, information or materials other than in accordance with these Terms.

5.4 No portion of the Licensed Application may be reproduced in any form or by any means.

5.5 You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Licensed Application, in any manner.

5.6 Your use of the Licensed Application in no way transfers or assigns ownership in any intellectual property rights (including copyright) to You.

  1. Use at Your Own Risk

6.1 While Dwello has taken all due care to include accurate and up-to-date information in the Licensed Application, it does not provide any warranty as to availability, reliability, timeliness, accuracy or completeness of the information or data displayed by the Licensed Application.

6.2 Dwello does not warrant that the functions contained in, or functions performed or provided by, the Licensed Application will meet your requirements, that the operation of the Licensed Application or services will be uninterrupted or error-free, or that defects in the Licensed Application or services performed or provided by the Licensed Application will be corrected.

6.3 You expressly acknowledge and agree that your access to and use of the Licensed Application is at your own risk, and that the entire risk as to satisfactory quality, performance, accuracy and effort lies with You.

6.4 You agree to indemnify, and hold Dwell, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Licensed Application, or your violation of these Terms.

  1. Disclaimer

7.1 You understand that at no point will Dwello be responsible or liable for any conduct, error, action or omission of any User. 

7.2 You understand that Dwello does not guarantee results, recommend or endorse any User. 

7.3 To the maximum extent permitted by law:

7.3.1 We make no warranty, express or implied, that the information included in or accessed through the Licensed Application is correct or current;

7.3.2 as the Licensed Application is provided on an ‘as is’ basis, We make no warranties that the Licensed Application is error free, fit for purpose, that any defects with the Licensed Application will be rectified, or that the Licensed Application will not have unintended effects on the operation of Your Device;

7.3.3 You agree to assume (and Our employees and agents) any liability We may have to You or anyone else who uses the Licensed Application on Your Device for any loss, including loss of benefits, damage, cost or expense, whether direct, indirect, consequential or otherwise arising from or in connection with the use of the Licensed Application.

7.3.4 You acknowledge and agree that, to the maximum extent permitted by law, all risk arising out of your access to and use of the Licensed Application remains with You.

7.3.5 To the maximum extent permitted by law, Dwello or Dwello App will not be liable for any loss, cost, injury or damage (including consequential loss) which may be suffered or incurred by any person whatsoever as a consequence of their use of this Licensed Application or reliance on any information contained herein, nor will Dwello be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer or device damage or system failure or the cost of substitute products or Licensed Applications, or for any damages for personal or bodily injury or emotional distress or damages of any kind or character whatsoever arising out of or in connection with the use of or inability to use the Licensed Application, or from any communications, interactions or meetings with other users of the Licensed Application or other persons with whom You communicate or interact as a result of your use of the Licensed Application.

7.3.6 Where Dwello App may legally cap liability which may not be excluded at law, Dwello App’s total liability at law to You for all damages will not exceed the amount of fifty dollars ($50.00).

7.3.7 Dwello will have no liability to You or to any third party for:

(i) any third-party content uploaded onto or downloaded from or through the Licensed Application; or

(ii) any data charges incurred as a consequence of use of the Licensed Application.

  1. Collection and Use of Your Information

8.1 You acknowledge that Licensor will be able to access Your personal information and alter Your downloaded Licensed Application content and, and that Licensor's use of such material and information is subject to Your legal agreements with Licensor and Licensor's privacy policy: ADD THE URL ADDRESS OF THE PRIVACY POICY HERE.  “Personal Information” is as defined in the Privacy Act 1988 (Cth).

8.2 You acknowledge that the Licensor may periodically collect, use and disclose technical data and related information about Your Device, system, and application software, and peripherals, offer product support, facilitate software updates, and for purposes of providing other services to You (if any) related to the Licensed Application. Licensor may also use this information to improve its products or to provide services or technologies to You, as long as it is in a form that does not personally identify you.

8.3 You agree that we may access, store, process, and use any information and personal data that You provide following the terms of the Privacy Policy and your choices, including settings (“Contributions”).

8.4 By submitting suggestions or other feedback regarding the Licensed Application (“Contributions”), You agree that  We can use and share such feedback for any purpose without compensation to You.

8.5 We do not assert any ownership over your Contributions. You retain full ownership of all of  your Contributions and any intellectual property rights or other proprietary rights associated  with your Contributions. We are not liable for any statements or representations in Contributions provided by You in any area of the Licensed Application. You are solely responsible for your Contributions to the Licensed Application and You expressly agree to release us from any and all responsibility and to refrain from taking any legal action against Us regarding your Contributions or the Contributions of any other Users of the Licensed Application.

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  1. Payment, Refunds and Cancellation

9.1 Real estate agent Users shall be billed on a monthly basis, pursuant to the subscription plan selected at the time of account creation and setup. Subscription plans are available for review here. All fees for real estate agent User services shall be paid directly to real estate agent Users and all payment arrangements are solely between Users conducting related transactions. We shall not be a party to any agreements entered into between Users, as Our role is limited to providing a platform for Users to connect and communicate. No refunds shall be issued under any circumstances. By agreeing to these terms, You are giving Dwello App permission to charge your on-file credit card, PayPal account, or other approved methods of payment for fees that you authorize Dwello App to bill.

9.2 You may cancel your account at any time for any reason. You agree to remove the Licensed Application from your Devices immediately upon cancellation of your account. 

  1. Dispute Resolution

10.1 The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure. 

10.2 Any controversies or disputes arising out of or relating to this Agreement will be resolved by binding arbitration under the rules of the American Arbitration Association. The arbitrator's award will be final, and any judgment may be entered upon it by any court having proper jurisdiction. 

  1. General Terms

11.1 We may terminate this Agreement and revoke Your license to install and use the Licensed Application at any time and if We notify You that We have terminated this Agreement, You must stop using the Licensed Application and promptly remove it from Your Device.

11.2 We may amend or replace these Terms from time to time by notice to You. If You do not agree to those amendments, You should cease to use the Licensed Application and remove it from Your Device.

11.3 You may not assign, sub-license or novate any part of this Agreement.

11.4 These Terms and your acceptance by way of use of the Licensed Application constitute the entire Agreement between You and Us in connection with the Licensed Application and supersede and replace any prior oral or written agreements between Dwello App and You regarding the Licensed Application.

11.5 This Agreement and the agreements incorporated by reference herein, constitute the entire agreement of the parties hereto and supersedes all prior representations, proposals, discussions, and communications, whether oral or in writing. This Agreement may be modified only in writing and shall be enforceable in accordance with its terms when signed by the party sought to be bound.

11.6 This Agreement shall be governed and construed in all respects in accordance with the laws of the State of Florida as they apply to a contract entered into and performed in that State.

11.7 The failure of a party at any time to insist on performance of any obligation under this Agreement of the other party is not a waiver of its right to insist on performance of that obligation or to claim damages unless that party acknowledges in writing that the failure is a waiver; and at any other time to insist on performance of that or any other obligation under this Agreement of the other party.