Kads Cloud Ltd and/or its affiliates (“us”, “we”, “our”, or “The Company”) operates this website web application and the Kads Cloud mobile application (the “Service” or “TheWebsite”).

By using or accessing this site, or a subdomain of any such, any mobile application for such websites or any other website operated by us on which these Terms and Conditions are posted via a link or otherwise (each referred to herein as a “Site”), you acknowledge that you agree to and are subject to the following terms and conditions, as well as our Privacy Policy (collectively, the "Terms"). If you do not fully agree to these Terms, Privacy Policy and any other terms and conditions posted or linked to any Site, you are not authorized to access or otherwise use the Site. Under these Terms, "use" or "access" of the Site specifically includes any direct or indirect access or use of the Site or any cached version of the Site and any direct or indirect access or use of any information or content on the Site, regardless of how obtained and the term "Site" includes, without limitation, any cached version thereof.

You should read through all the Terms carefully. The Terms constitute a legally binding agreement between you and The Company. You are not authorized to use this Site unless you are at least 18 and able to enter into legally binding contracts. We do not knowingly collect the information of anyone under the age of 18.

If you arrived on the Site after having been re-directed or otherwise clicking on another website, you agree that these Terms shall govern your use of this Site.

Your responsibilities

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site. In particular, please note that we are not an estate agency. Some of our Websites provide a service where estate agents may market and you may view property details ("Details"). The estate agents that post the Details are solely responsible for their accuracy and for fielding enquiries relating to those properties.

We do not participate in any communications between you and estate agents nor in any part of a subsequent property transaction. We host the Details in good faith but we have not verified them and we make no representations, warranties or guarantees, whether express or implied about the Details. We are also not giving you

any advice (investment, financial or otherwise) in respect of any content on our Websites or recommending or endorsing any properties, products or content on our Websites.

Materials you provide

By submitting content on our Websites or otherwise providing content to us ("Content"), you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, sub-licensable and fully transferable licence to use, reproduce, display, sell, modify and edit the Content. You waive any moral rights you may have in the Content. We will not pay you any fees for the Content and reserve the right in our sole discretion to remove or edit it at any time. You warrant and represent that you have all rights necessary to grant us these rights. We will permit you to post Content on our Websites in accordance with our procedures and provided that the content is not illegal, obscene, abusive, threatening, defamatory or otherwise objectionable to us. Any personal data that you provide via, or in connection with, the Websites will be governed by our privacy policy.

The Site is a Venue and We are Not a Party to any Rental Agreement or other Transaction Between Users of the Site.

We urge all users to be responsible with their use of this Site and any transaction entered into as a result of either listing a property or renting a property to be conducted in a respectful, non-discriminatory manner and all Users act in a manner that encourages honest dealings with one another. We do not own or manage, nor can we contract for, any rental property listed on a Site or properties tracked, stored or otherwise managed on the Site. The Website and other Sites act as a venue to allow landlords, property managers, estate agencies, tenants, service professionals, vendors and property owners (each, a “member”) to offer for rent in a variety of pricing formats, a specific rental property to potential renters (each, a “tenant” and, collectively with a member, the “users”). Tenants and renters alike of any sort who utilize the Site (also referred to as "users” herein). "Members" may also include property owners or managers who originally advertised their properties on another website and their listings have been redistributed on the Site. We also may offer tools for online Leasing or other services to allow users to communicate, send maintenance requests, notices, and payments with each other and enter into rental agreements or other transactions. Such tools are used at the Users discretion and risk and The Website and Site are not responsible for any misuse or wrongful dealings with each other. The Site is a conduit and is not to be held responsible for the actions of its Users.

We are not a party to any rental or other agreement or contract between Users. Liability and enforcement of such agreements are left to the Users individually and solely. This is true even if the Site allows you to screen and create a lease connection and provides other ancillary products or services, as the Site may facilitate leasing a rental or other tools, services or products, but we are not a party to any rental or other agreement between Users. All notices and related documents are not legally reviewed or tailored to any specific geographical boundary and all Users should consult an attorney before utilizing any agreements or providing notices.

As a result, any part of an actual or potential transaction between a tenant and a member, including the quality, condition, safety or legality of the properties advertised, the truth or accuracy of the listings (including the content thereof or any review relating to any property), the ability of memberstorentapropertyortheabilityofTenantstocontractforproperties

are solely the responsibility of each user. You acknowledge and agree that you may be required to enter into one or more separate agreements, waivers or terms and conditions prior to making a Leasing or purchasing a product or service and may place additional restrictions on your Leasing, product or service.

Responsibility for applicable laws, rules, and regulations: Users agree that they are responsible for, and agree to abide by, all laws, rules, and regulations applicable to their use of the Site, their use of any tool, service or product offered on the Site and any transaction they enter into on the Site or in connection with their use of the Site.

Members further agree that they are responsible for and agree to abide by all laws, rules and regulations applicable to the listing of their rental property and the conduct of their rental business, including but not limited to any and all laws, rules, regulations or other requirements relating to taxes, credit cards, data and privacy, permits or license requirements, zoning ordinances, safety compliance and compliance with all anti-discrimination and fair housing laws, as applicable. Please be aware that, even though we are not a party to any rental transaction and assume no liability for legal or regulatory compliance pertaining to rental properties listed on the Site, there may be circumstances where we are nevertheless legally obligated (as we may determine in our sole discretion) to provide information relating to your listing in order to comply with governmental bodies in relation to investigations, litigation or administrative proceedings, and we may choose to comply with or disregard such obligation in our sole discretion. Members who accept credit card, banking or other payment information from tenants agree to properly handle and safeguard all such information in accordance with applicable legal and regulatory requirements and bestpractices.

Warnings of Suspicious Activity: While we do take certain measures with a goal to assist users to avoid potentially fraudulent or other illegal activity of which we become aware, we assume no liability or obligation to take any such measures or actions. When we provide warnings or messages to users about any such activity, we do not warrant that such messages are accurate or that such messages will reach any or all users they should have reached in a timely manner or at all or that such messages or measures will prevent any harm or otherwise have any impact.

Use of the Service does not give you ownership of any intellectual property rights in the Service or any content posted on the Service. You own what you post on the Service (unless you copied it from someone else) but you grant us a license to copy, host, display, create derivative works from, publish, publicly

perform, display, and distribute, and otherwise make use of in connection with providing the Service, all information and content you post so long as you have an active account. If you are a landlord and authorize us (by checking the appropriate box or boxes on our site) 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 suchsyndication.

All Users also consent to allow the Site, The Company, and its approved staff to review any and all data in connection to fraudulent activity. In the event Fraud is suspected, the Users account will be frozen and risk being deactivated. Local and federal authorities may be contacted and prosecution may result.

Disclaimer and liability

The Website (including all content on it) is provided by us on an "as is" and "as available" basis and we make no representations, guarantees or warranties of any kind, either express or implied, including without limitation, warranties as to quality, suitability for any purpose, compatibility, reliability, accuracy, completeness, timeliness, access or use. It is your responsibility to evaluate the quality, suitability, accuracy, completeness and reliability of our Websites and any information or content contained therein. We accept no responsibility and make no representations, guarantees, or warranties that the Websites will operate continuously, without interruptions or be fault-free. We may need to make the Websites unavailable with or without notice to carry out maintenance or upgrade work. We accept no liability for any interruption or loss of service.

Any value estimates provided on our Websites are intended for general interest and information purposes only and should not be relied upon for any commercial transaction or similar use. These estimates are based on publicly available information which may be inaccurate or incomplete, and typical factors in certain locations. They will not take account of any factors which are unknown to us and should only be used as a general estimate. None of the information available on our Websites is intended to be a substitute for independent professional advice and users are recommended to seek advice from suitably qualified professionals such as surveyors and solicitors if relevant to their particular circumstances. We shall not be liable for any losses suffered as a result of relying on our value estimates.

Property descriptions and other information provided on our website are intended for information and marketing purposes and, whilst displayed in good faith, we will not in any circumstances accept responsibility for their accuracy. The property advert pages on our website do not constitute property particulars and these should be available directly from the agent marketing the property. It is the responsibility of prospective buyers/tenants to satisfy themselves as to the accuracy of any property descriptions displayed and the responsibility of agents to ensure the accuracy and integrity of property descriptions provided on our website and in any property particulars.

Nothing in these Terms of Use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, our site; or

  • use of or reliance on any content displayed on our site.

If you are a business user, please note that in particular, we will not be liable for:

  • loss of profits, sales, business, or revenue;

  • business interruption;

  • loss of anticipated savings;

  • loss of business opportunity, goodwill or reputation; or

  • any indirect or consequential loss or damage.

If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We assume no responsibility for the content of websites linked to on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

Indemnification

You agree to indemnify, defend and hold us and our affiliated companies, shareholders, officers, directors, employees, agents or suppliers harmless from any and all claims or demands, made by any third party due to or arising out of your use of this Website or through your password or otherwise, the violation of these Terms of Use by you, or the infringement by you of any intellectual property or other right of any other person or entity.

Viruses

We do not guarantee that the Websites will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programme and platform in order to access the Websites. You should use your own virus protection software. You must not misuse the Websites by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Websites, the server on which the Websites are stored or any server, computer or database connected to the Websites.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

Intellectual Property

We are the owner or licensee of intellectual property rights in the Website, information and content available on the Website, any database operated by us, any proprietary software utilised by us to enable you to use this Website ("Software") and the underlying source code. Much of this information and content is protected by copyright, trade mark, database rights, design rights (including in the "look and feel" and other visual or non-literal elements), and/or other intellectual property rights (whether registered or unregistered). Our logos, together with our trade marks and/or service marks, may not be copied or reproduced without our prior written consent. All rights are reserved.

We grant you a non-exclusive, non-transferable licence to use the Software solely in executable form and only to the extent necessary for use of the Website, and for no other purpose.

You must not use an automated program (including, without limitation, any web-crawling or screen-scraping software or any equivalent technology or techniques), to access the Website for the purpose of collecting, obtaining and/or accumulating (or other similar activity) data or content in this Website. Any such use of an automated program is prohibited and shall be a breach of these Terms of Use.

You may not reproduce, republish, transmit or distribute any material, information or content on this Website, or that form part of our services, without our prior written consent. However, you are granted a limited right to access and use the Website and our services, and retrieve, display and print content pages, for your own personal, non-commercial use and to the extent necessary for use of the Website and our services only. We reserve the right, in our sole discretion and without notice to you, to terminate your licence and to prevent future access by you to this Website.

Restrictions on Use

You agree not to:

  • transmit any material designed to interrupt, damage, destroy or limit the functionality of our Websites;

  • use any automated software to view our Websites without consent and to only access our Websites manually;

  • use our Websites other than for your own personal use or as an agent listing properties for sale and to rent;

  • attempt to copy our data our reverse engineer our processes;

  • use our Websites in any manner that is illegal, immoral or harmful to us (including to commit or facilitate the commitment of any fraud against us);

  • use our Websites in breach of any policy or other notice on our Websites;

  • remove or alter any copyright notices that appear on our Websites;

  • publish any material that may encourage a breach of any relevant laws or regulations;

  • interfere with any other user’s enjoyment of our Websites;

  • transmit materials protected by copyright without the permission of the owner; or

  • conduct yourself in an offensive or abusive manner whilst using our Websites.

We shall be entitled to suspend the Services and/or terminate these Terms of Use without notice to you if you commit a breach of these Terms of Use, and in particular these restrictions on use, which in our reasonable opinion is serious enough to merit immediate termination.

Limited License to Use the Site

Users are granted a limited, revocable, non-exclusive license to access the Site and the content and services provided on the Site solely for the purpose of advertising a rental property, searching for a property, purchasing or researching (for the purpose of inquiring about purchasing) any of the products or services offered on any Site, participating in an interactive area hosted on any Site or for any other purpose clearly stated on a Site, all in accordance with the Terms. Any use of the Site that is not for one of these purposes or otherwise in accordance with the Terms or as otherwise authorizedbyusinwritingisexpresslyprohibited.

THE SERVICE IS PROVIDED “AS-IS” WITHOUT PROMISES OF ANY KIND. NEITHER WE NOR OUR SUPPLIERS/THIRD PARTY VENDORS WARRANT OR GUARANTEE UPTIME OR AVAILABILITY OF THE SERVICE, THAT THE SERVICE WILL MEET OR CONTINUE IN THE FUTURE TO MEET YOUR NEEDS, OR THAT WE WILL CONTINUE TO PROVIDE THE SERVICE OR ANY ASPECT OF THE SERVICE IN THE FUTURE. TO THE MAXIMUM EXTENT PERMITTEDBYLAW,WEDISCLAIMALLWARRANTIESFORTHESERVICE,

INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SEAWORTHINESS, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE RESPONSIBLE FOR LOST INFORMATION, PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES, OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICES OR THESE TERMS OF USE, INCLUDING ANY CLAIM FOR ANY IMPLIED WARRANTY, IS LIMITED TO THE AMOUNT YOU PAID TO US TO USE SERVICE MADE AVAILABLE BY THE SITE.

Unauthorized Uses of the Site

The license to use the Site only extends to the uses expressly described herein. The license to use the site granted to users in these Terms does not include any right of collection, aggregation, copying, scraping, duplication, display or derivative use of the Site nor any right of use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines that use tools to gather information for the sole purpose of displaying hyperlinks to the Site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. “General purpose internet search engines” do not include a website or search engine or another service that provides classified listings or property rental advertisements, or any subset of the same or which is in the business of providing property rental services or other services that compete withus.

Unauthorized uses of the Site also include, without limitation, those listed below. You agree not to do any of the following, unless otherwise previously specifically agreed to byus:

Any commercial use (other than by members with a fully paid up subscription in good standing (a “valid subscription”) or by members pursuant to a valid license to software offered on a Site (a "valid license") of the Site or any content on the Site;

Any use of the Site or the tools and services on the Site for the purpose of Leasing or soliciting a rental for a property other than a property listed under a valid subscription;

Copy, reproduce, upload, post, display, republish, distribute, or transmit any part of the content in any form whatsoever;

Reproduce any portion of the Site on your website or otherwise, using any device including, but not limited to, use of a frame or border environment around the Site, or other framing technique to enclose any portion or aspect of the Site, or mirror or replicate any portion of the Site;

Deep-link to any portion of the Site without our express written permission;

Modify, translate into any language or computer language, or create derivative works from, any content or any part of the Site;

Reverse engineer any part of the Site;

Sell, offer for sale, transfer, or license any portion of the Site in any form to any third parties;

Use any robot, spider, scraper, another automatic device, or manual process to monitor, copy, or keep a database copy of the content or any portion of the Site;

Use the Site and its inquiry functionality other than to advertise and/or research rentals, to make legitimate inquiries to our members or any other use expressly authorized on the Site;

Use the Site or post or transmit information that is in any way false, fraudulent, or misleading, including making any reservation or inquiry under false pretences, or taking any action that may be considered phishing or that would give rise to criminal or civil liability;

Post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material;

Violate, plagiarize or infringe the rights of us or third parties including, without limitation, copyright, trademark, patent, trade secrets, rights of publicity or privacy or any other intellectual or proprietary rights; or

Use or access the Site in any way that, in our sole discretion, adversely affects or could adversely affect the performance or function of the Site or any other system used by us or the Site.

If you are aware of or experience any content, activity or communication through or in connection with the Site that appears to be in violation of the above restrictions, or in violation of any other provision of these Terms, we ask that you please inform us of any such violation by contacting us as set forth under "Contact Us" below.

Proprietary Rights and Downloading of Information from the Site.

The Site and all content and information on the Site are protected by copyright as a collective work and/or compilation, pursuant to applicable U.S. and international copyright laws and conventions and database rights. You agree to abide by any and all copyright notices, information, or restrictions contained in or relating to any content on the Site. Copying, storing or otherwise accessing the Site or any content on the Site for other than for your personal, non-commercial use (other than in accordance with a valid subscription)isexpresslyprohibitedwithoutpriorwrittenpermissionfromus.

As part of the rental inquiry process, for your own personal, non-commercial use and not for further distribution, you may download, display, and/or print one copy of any portion of the Site. You may not modify the same, and you must reproduce our copyright notice in the form displayed on the relevant portion(s) of the Site that you desire to download, display or print.

Your E-mail Address and Data; Our Privacy Policy; Data Transmittal.

When you provide your e-mail address, name or other information to us in connection with your use or access to the Site, any service or tool provided on the Site or otherwise, you agree to allow the Site and its affiliated websites to add your e-mail address, name or other information provided to our database of users. You may receive one or more promotional e-mails from either the Site or a website of one of The Company’s affiliates. You are welcome to opt not to receive such promotional e-mails from the Site or such affiliates’ websites at any time. Please review our Privacy Policy for more information regarding our email and other data collection practices and safeguards, and how to opt not to receive such emails. Your use of the Site signifies your acknowledgment of, and agreement, with our Privacy Policy.

Each user acknowledges and agrees that, regardless of such user’s physical location, we may store and process any data transmitted to the Site from such user at locations both within and outside of the United States.

In the event that you use any of our tools that we may from time to time offer that integrates in any way with a third-party website to which you have provided data or information, you acknowledge and agree that such third party website shall be responsible for how the data or information you have provided to such website is handled.

Identity Verification

User verification on the Internet is difficult and we cannot, and do not assume any responsibility for, the confirmation of each user's purported identity. We encourage you to communicate directly with a Tenant or member through the tools available on the Site, though even this does not assure you of the identity of the person with which you are communicating. We further encourage you to take other reasonable measures to assure yourself of the other person’s identity and, for Tenants, of the property and relevant details of your Leasing or proposedLeasing.

You agree to (i) keep your password and online ID for both your account with us and your email account secure and strictly confidential, providing it only to authorized users of your accounts, (ii) instruct each person to whom you give your online ID and password that he or she is not to disclose it to any unauthorized person, (iii) notify us immediately and select a new online ID and password if you believe your password for either your account with us or your email account may have become known to an unauthorized person, and (iv) notify us immediately if you are contacted by anyone requesting your online ID and password. Further, if we suspect any unauthorized access to your account, upon our request, you agree to promptly change your ID and passwordandtakeanyotherrelatedactivitiesaswemayreasonablyrequest.

We discourage you from giving anyone access to your online ID and password for your account with us and your email account. However, if you do give someone your online ID and online password, or if you fail to adequately safeguard such information, you are responsible for any and all transactions that the person performs while using your account with us or your email account, even those transactions that are fraudulent or that you did not intend or want to be performed.

Landlords that have utilized our “verification” uses and trusts this at their own risk and applicants, tenants or potential users do so at their own risk. The Company provides this for limited use in verify own information provided and cannot confirm any users is who they say they are, has access to the what they are renting or is a responsible party in which to make a transaction

with. All users engage, transact and communicate at costs, liability and risk of their own and not to be shared by The Company.

EACH USER ACKNOWLEDGES AND AGREES THAT: (1) NEITHER THE COMPANY NOR ANY OF ITS AFFILIATES WILL HAVE ANY LIABILITY TO ANY USER FOR ANY UNAUTHORIZED TRANSACTION MADE USING ANY USER’S ID OR PASSWORD; AND (2) THE UNAUTHORIZED USE OF YOUR ONLINE ID AND PASSWORD FOR YOUR ACCOUNT OR YOUR EMAIL ACCOUNT COULD CAUSE YOU TO INCUR LIABILITY TO BOTH THE

COMPANY AND OTHER USERS. Further, we may, without notice to you, suspend or cancel your listing at any time even without receiving notice from

you if we suspect, in our sole discretion, that your account with us or your email account is being used in an unauthorized or fraudulent manner.

Limitations on Communications and Use of Other Users’ Information; No Spam

You agree that, with respect to other users' personal information that you obtain directly or indirectly from or through the Site or through any Site- related communication, transaction or software, we have granted to you a license to use such information only for: (a) Site-related communications that are not unsolicited commercial messages, (b) using services offered through the Site, and (c) inquiring about or otherwise facilitating a financial transaction between you and the other user related to the purpose of the Site (such as inquiring about or Leasing an online Leasing or charging a personal credit card). Any other purpose will require express permission from the user. You may not use any such information for any unlawful purpose or with any unlawfulintent.

In all cases, you must give users an opportunity to remove their information from your address book or database or other records and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this provision, may you disclose personal information about another user to any third party without both our consent and the consent of the other user. You agree that other users may use your personal information to communicate with you in accordance with this provision. Further, you agree that you will protect other users’ personal information with the same degree of care that you protect your own confidential information (using at minimum a reasonable standard of care), and you assume all liability for the misuse, loss, or unauthorized transfer of such information.

We do not tolerate spam or unsolicited commercial electronic communications of any kind. Therefore, without limiting the foregoing, you are not licensed to add a Site user, even a user who has rented a property from you or to you, to your mailing list (email or physical mail) without the user's express consent.

You may not use any tool or service on the Site to send spam or unsolicited commercial electronic communications of any kind or in any other way that would violate these Terms. You are responsible for all content you provide to the Site or through any tool or service provided on the Site.

Messages within The Website are protected for private use but available to The Company limited staff for reviewing in the event the user is suspected of being fraudulent or participating in fraudulent activities.

Responsibility for Property Listings, Reviews, and Other User-contributed Content; Participation in Interactive Forums

We have no duty to pre-screen content posted on the Site by members, Tenants or other users, whether directly contributed by the user or contributed by us or a third party on behalf of the user (including, without limitation, property listings, reviews of a rental property, participation in an interactive community, forum or blog (each an “Interactive Forum”) or any other content provided by a user to the Site), (collectively, “user contributed content”). We are not responsible for user contributed content. “User- contributed content” also includes information that a user or any other person provided to a third party website or mobile application which is then provided to our Site by a tool we offer or any other exchange of user-contributed content we haveauthorized.

We reserve the right to decline to permit the posting on the Site of or to remove from the Site any user contributed content that fails to meet our Content Guidelines, any other guidelines posted on a Site or if it otherwise violates these Terms, each as determined in our discretion. We may also remove user-contributed content if it is brought to our attention, such as by notice given to us by a user or any third party that any part of these Terms, or any other requirements governing the posting of such content, has/have been apparently breached in respect of such content, as determined by our consent. Finally, we reserve the right, but do not assume the obligation, to edit a member’s content or user contributed content in a non-substantive manner solely to cause the content to comply with our content guidelines or formatting requirements or to provide services to members to create or improve on listings (such as translation services), in accordance with information we have about the property listed. Users remain responsible for reviewing their user-contributed content to ensure it is accurate and not misleading.

At a minimum, user-contributed content must (as determined by us in our discretion):

not infringe anyone's rights, violate the law or otherwise be inappropriate;

not include personal information of another that can be used to identify or contact any person;

not include unsolicited promotional content, advertising, political campaigns, contests, raffles or solicitations;

be directly related to the Site, business service, product or forum where the content is submitted;

not be obscene, abusive, discriminatory or illegal content; or not be false ormisleading.

Property Listings: All property listings on the Site are the sole responsibility of the member (who may be the owner or a property manager or duly authorized property manager or agent of the owner) and we specifically disclaim any and all liability arising from the alleged accuracy of the listings, reviews, or any alleged breaches of contract on a user's part. Members are solely responsible for keeping their property information up to date on the Site, including, but not limited to any and all representations about any property, its amenities, location, price, and its availability for a specific date or range of dates. We do not represent or warrant that any of the copy, content, property reviews, guest book entries, property location, suitability, pricing, or availability information published on the Site is accurate or up-to-date even in the case where prospective Tenants have searched for specific special offers, dates, or types of properties. We may from time to time provide or facilitate services to Members to create or improve the quality of their property listings. We also may from time to time create new or otherwise change the location or geographic descriptions we use to identify properties in their listings and search results. Consequently, we may change the location or geographic descriptionassociatedwithanypropertylistingatanytimewithout

notice. However, we assume no responsibility to verify property listing content or the accuracy of the location. Members are solely responsible for ensuring the accuracy of location, geographic and other content and location or geographic descriptions and agree to promptly correct (or contact us to correct) any inaccuracy and Tenants are solely responsible for verifying the accuracy of such content and descriptions.

Responsibility for All Other User Contributed Content: All other user- contributed content is the sole responsibility of the user who contributed such content, whether such user contributed the content directly or through a third-party website. Users are solely responsible for their user contributed content and we specifically disclaim all liability for user contributed content.

The user represents and warrants that the user owns or otherwise controls and have all legal rights to the user’s submission and the name or other identifier used in connection with such submission including, but not limited to, all the rights necessary to provide, post, upload, input or submit the user contributed content. We reserve the right to request a proof of ownership or permission, and to refuse to post user-generated content without such proof or if such proof is, in our sole discretion, insufficient.

License and Rights Granted to Us: By submitting or authorizing user- contributed content, you grant to us and our affiliates a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free and fully paid-up license to use, copy, license, sublicense (through multiple tiers), adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise

exploit the copy, the photographs and the likenesses (if any) of any of your user contributed content, in connection with our business or the business of ouraffiliates. Notwithstanding the foregoing, following the termination or expiration of a property listing subscription, we will not continue to display theuser-contributedcontentthatwasdisplayedinsuchlisting.

You further grant us and our affiliates the ability to copyright and protect the user-contributed content, including the images, copy, and content available via any member’s listing, from the unauthorized use by unaffiliated third parties who may, from time to time, attempt to pirate such information via electronic or other means. This includes, but is not limited to, the right to file suit to seek injunctive relief to protect such material. You further agree to assist us—at our expense and control—to protect such copyrighted material from unauthorized redistribution.

You agree that we may sublicense all the rights granted to us under these Terms to one or more third parties we may contract with to display all or part of the member’s property listing or otherwise provide promotional or other services related to ourbusiness.

Further, each member agrees that we may reproduce in whole or in part any photographic material supplied by such member in the promotion of either such member’s property or the promotion of the Site.

In the event that it is determined that you retain any rights of attribution, integrity or any other moral rights in any user-contributed content, you hereby declare that you do not require that any personally identifying information be used in connection with the user-contributed content or any derivative works thereof and that you have no objection to the publication, use, modification, deletion or exploitation of the user-contributed content by us or our affiliates.

Privacy Policy: We adhere to strong principles of privacy. You agree that we may access and use your user contributed content in accordance with these Terms or our Privacy Policy and we agree that we will only disclose your user contributed content in accordance with these Terms and our Privacy

Policy.

Social Media or Third-Party Websites

If the Site offers a tool or service which allows us to access or use any profile or other information about you that you have provided to Facebook or another third-party website (each a “Social Media Site”) and you decide to use suchatoolorservice,youacknowledgeandagreethat:

  1. The information or content that are a part of your Social Media Site profile, which you have designated as “public” (or a similar designation) (with such information or content and referred to herein as “Social Media Content”) may be accessed and used by us in connection with the Site;

  1. The Social Media Content will be considered “user-generated content” under these Terms and both you and we shall have the same rights and responsibilities as you and we have with respect to user-generated content under these Terms;

  1. In the event that the Social Media Content was for any reason misclassified with a public or similar designation or is otherwise inaccurate or to which you do not agree with for any reason, you agree to work with the Social Media Site to make any changes or resolve any disputes and acknowledge that we will not be able to provide you with recourse; and

  1. The operation of your profile and account with and on the Social Media Site shall continue to be governed by the terms and conditions and privacy policy of such Social Media Site.

Translations and Maps

If any user contributed content created by members or users is translated for display on any Site or any site of any affiliate of The Company, we cannot guarantee the accuracy or quality of such translation and the member or user is solely responsible for the review, verification, and accuracy of such translation. Unless we specify otherwise to the user or member, any translationservicesareofferedbyusfreeofcharge.

Maps provided on the Site that is provided by Google are subject to the Google Maps terms and conditions located

at http://www.google.com/intl/en_us/help/terms_maps.html.

Notification of Infringement; DMCA Policy

We respect the intellectual property rights of others, and The Company does not permit, condone, or tolerate the posting of any content on the Site that infringes any person's copyright. The Company will terminate, in appropriate circumstances, a member or Tenant who is the source of repeat infringements of copyright. Should you become aware of or suspect any copyright infringement on this Site, please refer to our procedures for Notification of Copyright Infringement.

Unsolicited Ideas and Feedback

Unsolicited Ideas: From time to time, users submit to us ideas or suggestions pertaining to our business, such as ideas for new or improved products or technologies, website or tool enhancements, processes, materials, marketing plans or new product names. We are under no obligation to review or consider them. If you choose to submit any ideas, original creative artwork, suggestions or other works (“Feedback”) in any form to us, then regardless of what you say, write or provide to us in connection with your submissions, the following terms shallapply.

The sole purpose of this policy is to avoid potential misunderstandings or disputes in the event that any part of our business, such as our products, websites, technologies or marketing strategies, seem similar to any of your submissions. If you provide any submissions to us, you agree that: (1) your submission and its contents will automatically become the property of The Company, without any compensation to you; (2) The Company may use or redistribute any such submission and its contents for any purpose and in any way; (3) there is no obligation for The Company to review any submission; and

  1. there is no obligation to keep any submission confidential.

Feedback on our Business: We welcome your feedback regarding many areas of our business. If you want to send us your feedback, we simply request that you send it to us using the links under “General – Contact Us” below or you can choose from the many other listed areas for your feedback. Please provide only specific feedback on our websites and services. Keep in mind that we assume no obligation to keep any feedback you provide confidentially and we reserve the right to use or disclose such information in any manner.

To provide feedback, you can contact us as provided under “Contact Us” or within a landlord or tenant account under “Support”.

Third Parties

This Website may contain links to third party products, services and/or websites that are not affiliated with us. We have no control over the products, services or websites of these third parties and we do not guarantee or take responsibility for them. This Website may also contain advertising from third parties and we are not responsible for any misleading or inaccurate advertisements which are the sole responsibility of the advertiser. Any links or advertisements on this Website should not be taken as an endorsement by us of any kind. Furthermore, this Website contains data provided by third parties and we accept no responsibility for any inaccuracies in this material. You agree to release us from claims or disputes of any kind arising from or in any way connected to such disputes with third parties.

The Company provides access to third-party sites and companies and any purchase of a third-party product is subject to that company's terms and conditions and The Company is in no way responsible for the delivery, rebates, guarantees or any other expectation of the third-party purchase. The Company offers the location to hold members and tenant’s information as a marketplace, and therefore any purchase of third-party products needs to be handled with the thirdparty.

Transactions by third party vendors are final and with no refunds. Any disputes should be taken up with the third party. Third party vendors include, but are not limited to any and all of their affiliates. All sales of third-party products are final.

Limitation of Liability

Limitation of Liability

    • To the maximum extent permitted by law and except with respect to the Customer’s payment obligations, in no event shall either Party’s (or Kads Cloud third party licensors’) aggregate liability arising out of or related to the Agreement, whether in contract, tort or otherwise, exceed the fees actually paid by the Customer to Kads Cloud in consideration for Kads Cloud Service delivery during the six (6) month period immediately preceding the facts and circumstances from which the claim arose.

    • Kads Cloud shall not exclude or limit in any way Kads Cloud liability to the Customer where it would be unlawful to do so. This includes liability for death or personal injury caused by Kads Cloud negligence or Kads Cloud employees, agents or subcontractors for fraud, fraudulent misrepresentation or for breach of the Customer’s legal rights in relation to the Service.

Exclusion of Damages

Except with respect to the Customer’s payment obligations, in no event shall either Party have any liability to the other party for any indirect, special, incidental, punitive or consequential damages, however caused, or for any lost profits whether in contract, tort or otherwise, arising out of, or in any way connected with the Service, including but not limited to the use or inability to use the Service, any interruption, inaccuracy, error or omission, even if the party from which damages are being sought or such party’s licensors or subcontractors have been previously advised of the possibility of such loss or damages.

Disclaimers

THE SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED "AS IS." TO THE FULLEST EXTENT

PERMISSIBLE BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE, EVEN IF WE BECOME AWARE OF ANY SUCH BREACHES. FURTHER, WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLEISFREEOFVIRUSESOROTHERHARMFULCOMPONENTS.

YOU ACKNOWLEDGE AND AGREE THAT ANY TRANSMISSION TO AND FROM THIS SITE IS NOT CONFIDENTIAL AND YOUR COMMUNICATIONS OR USER CONTRIBUTED CONTENT MAY BE READ OR INTERCEPTED BY OTHERS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BY SUBMITTING COMMUNICATIONS OR USER CONTRIBUTED CONTENT TO US AND BY POSTING INFORMATION ON THE SITE, INCLUDING PROPERTY LISTINGS, NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND US OTHER THAN PURSUANT TO THESE TERMS.

YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT HOLD OR SEEK TO HOLD US OR ANY THIRD PARTY PROVIDER RESPONSIBLE FOR THE CONTENT PROVIDED BY ANY USER, INCLUDING, WITHOUT LIMITATION, ANY TRANSLATION THEREOF, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE ARE NOT A PARTY TO ANY RENTAL TRANSACTION OR OTHER TRANSACTION BETWEEN USERS OF THE SITE. WE HAVE NO CONTROL OVER AND DO NOT GUARANTEE (OTHER THAN PURSUANT TO ANY GUARANTEE THE MAY BE OFFERED ON THE SITE) THE SAFETY OF ANY TRANSACTION, RENTAL PROPERTY OR THE TRUTH OR ACCURACY OFANYLISTINGOROTHERCONTENTPROVIDEDONTHESITE.

YOU FURTHER ACKNOWLEDGE THAT BY DISPLAYING INFORMATION OR PROPERTY LISTINGS IN PARTICULAR DESTINATIONS, WE DO NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH DESTINATIONS IS WITHOUT RISK AND ARE NOT LIABLE FOR DAMAGES WITH RESPECT TO TRAVEL TO ANY DESTINATION.

Release; Indemnification

IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN USERS REGARDING ANY TRANSACTION OR USER CONTRIBUTED CONTENT) OR ANY THIRD PARTY PROVIDER OR ANY THIRD PARTY WEBSITE THAT MAY BE LINKED TO OR FROM OR OTHERWISE INTERACT WITH THE SITE, INCLUDING WITHOUT LIMITATION ANY SOCIAL MEDIA SITE, YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE THE COMPANY, EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARECONNECTEDWITHSUCHDISPUTEAND/ORYOURUSEOFTHESITE.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 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.”

YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD THE COMPANY HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF YOUR USE OF THE SITE OR OTHERWISE RELATING TO THE BUSINESS WE CONDUCT ON THE SITE (INCLUDING, WITHOUT LIMITATION, ANY POTENTIAL OR ACTUAL COMMUNICATION, TRANSACTION OR DISPUTE BETWEEN YOU AND ANY OTHER USER OR THIRD PARTY), ANY CONTENT POSTED BY YOU OR ON YOUR BEHALF OR POSTED BY OTHER USERS OF YOUR ACCOUNT TO THE SITE, ANY USE OF ANY TOOL OR SERVICE PROVIDED BY A THIRD PARTY PROVIDER, ANY USE OF A TOOL OR SERVICE OFFERED BY US THAT INTERACTS WITH A THIRD PARTY WEBSITE, INCLUDING WITHOUT LIMITATION ANY SOCIAL MEDIA SITE OR ANY BREACH BY YOU OF THESE TERMS OR THE REPRESENTATIONS, WARRANTIES AND COVENANTS MADE BY YOU HEREIN, INCLUDING WITHOUT LIMITATION, ATTORNEYS' FEES AND COSTS. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANYCLAIM.

WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND YOU SHALL NOT, IN ANY EVENT, SETTLE ANY MATTER WITHOUT OUR WRITTEN CONSENT.

Governing Law and Jurisdiction

You hereby submit to the exclusive jurisdiction of the courts of England and Wales for all disputes arising out of or in connection with this Agreement which have not been resolved through negotiation in good faith or mediation.

Miscellaneous

    • This Agreement, and the subscriptions and/or purchases through the Service, constitutes the entire agreement between the Parties with respect to the subject matter in this Agreement. In the event of a conflict, the provisions of any subscriptions and/or purchases through the Service shall take precedence over provisions of the body of this Agreement. This Agreement supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. No modification, amendment, or waiver of any provision of this Agreement shall be effective unless in writing and signed by both Parties.

    • If any provision of this Agreement is or becomes, or is declared by any competent court or body to be, illegal, invalid or unenforceable this shall not affect or impair the legality, validity or enforceability of the remaining provisions of this Agreement.

    • The Customer permits Kads Cloud to use the Customer’s name and logo in lists of Customers, on marketing materials and on its website subject to a prior written request made to the Customer from Kads Cloud.

Additional Terms and Conditions Applicable to Online Leasing.

Use of Reservation Manager or other Online Leasing Tools We Offer on our Sites. In addition to being bound by the other terms set forth herein, Users and Members who use The Website or any other tool provided by us or a third party provider on our Site enabling users to pay for the rental of properties online on one or more of our Sites (collectively, the “Tenant Services”) are also bound by the following terms, which are in addition to any other terms applicable in connection with using our Site. In addition, if such Leasing Services include payment or other services provided by a third party provider, such services are subject to the additional terms and conditions and privacy policies of such third partyproviders.

Tenant Services. We provide Tenant Services to manage inquiries, quotes, rental agreements and allow for payments to be made relating to the

rental. Please review the following terms and the terms and conditions of any third party provider carefully. If you do not agree to these or such third party provider’s terms, you have no right to obtain information from or otherwise continue using our Tenant Services. Failure to use our Leasing Services in accordance with the following terms of use may subject you to severe civil and criminal penalties and other liability.

Rental Agreement. By utilizing a rental agreement as part of the Leasing Services or otherwise displaying terms relating to the rental as part of the online Leasing process (including such terms that we may require), the user (as “Guest”) and member (as “Owner”) each agree to the terms and conditions set forth in the rental agreement or other such terms displayed in the Leasing process (including without limitation the cancellation refund policy) effective as of the date that the user indicates acceptance of the Leasing or rental agreement, as applicable. You hereby acknowledge and agree that (a) you

are fully responsible for such terms and conditions, (b) any rental agreement used, whether a sample provided by the Site or a rental agreement copied and pasted in Reservation Manager (or another online Leasing tool on the Site) by either party, is used solely at their own risk and expense, (c) nothing contained in the Leasing Services, this Agreement, or any sample rental agreement is a substitute for the advice of an attorney, and (d) that you have been hereby advised to obtain local legal counsel to prepare, review and revise as necessary any rental agreements to ensure compliance with federal, state, and local law and their particular circumstances, and to revise the rental agreement as necessary to accurately represent their property, rules, features, etc. Users agree to terms within lease agreements by each other and leave The Company harmless of any disputes in regards to the lease agreement.

Users know The Company did not provide and or advise any legal or binding information or products.

Terms Applicable to Use of Leasing Services or Third Party Online Leasing Services.

Third Party Leasing Services Software. There are some Members, typically property managers, who use the software provided by our affiliate, The Company Software, or a third party. Such software (“Other Leasing Services”) may be governed by terms provided by the third parties or Members making such Other Leasing Services available. Users who use such Third Party Leasing Services are responsible for complying with such terms in addition to our Terms, including, but not limited to the following.

Timing of Acceptance of Leasing Requests and Payment Processing Applicable to Property Managers and Other Members Using Online Leasing. Members who are property managers and other members who use our online Leasing tools agree to use commercially reasonable efforts to respond to all Leasing requests from Tenants within 24 hours of receipt of a request for

Leasing. Such Members further agree to take commercially reasonable efforts to cause all Tenant payments to be processed within 24 hours of authorization by the Tenant for suchpayment.

Responsibility for Property and Tenant Liability.

We do not provide liability insurance protection for owners, property managers, or Tenants; regardless of whether a user obtains insurance coverage through one of our third-party providers. Users are solely responsible for obtaining insurance coverage sufficient to protect their properties and tenants, as applicable. Members agree that they have or will obtain the appropriate insurance coverage sufficient to cover the rental of the properties they manage on the Site prior to the arrival of their Tenant and will maintain adequate insurance coverage through the departure date of any Tenant they have obtained via one of our Sites. Further, Members agree to provideuswithcopiesofrelevantproofofcoverageuponrequest.

GENERAL

Your agreement to abide by these Terms, the Privacy Policy and any other terms posted on any Site, with respect to any Site you use, is between you and the entity listed above operating such Site.

No Agency: Our relationship is that of independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor- franchisee relations is intended or created by these Terms or your use of the Site.

Notices: Except as explicitly stated otherwise, any notices to us shall be given by postal mail to the reference in the Contact Us section.

When we need to send you a notice, it will be sent to the email address you provide to the Site during the registration process or as later updated in your account (if applicable). The notice shall be deemed given upon receipt or 24 hours after an email is sent unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to any physical or electronic address provided to us during the registration process or as later updated in your account (if applicable). In such case, notice shall be deemed given three days after the date of mailing to a physical address and one day after mailing to an electronic address.

Changes to the Site or these Terms and Conditions: We may change, suspend or discontinue any aspect of the Site at any time, including the availability of

any Site features, database, or content. We may also impose limits on certain features or services or restrict your access to parts or the entire Site without notice or liability.

This version of the Terms became effective on the date set forth above and this version amends the version effective prior to such date. We reserve the right, in our sole discretion, to amend these Terms, in whole or in part, at any time, with or without your consent and you acknowledge and agree that your consent to any such amendment is not required in the event the proposed amendment is clerical and/or non-substantive in nature. Notification of any amendment will be posted on the Site by the indication of the last amendment date at the top of these Terms and will be effective immediately. If you disagree with any non-clerical and/or substantive amendment to these Terms, then (i) your sole remedy as a Tenant, or any other user other than a member, is to discontinue your use of the Site, and (ii) your sole remedy as a member is to withhold your consent to the applicability of the proposed amendment to your use of the Site, in which case your use of the Site will continue to be governed by the terms and conditions that were applicable to your use of the Site during the then current term of your subscription as the same were in effect immediately prior to the proposed amendment and you agree that you are responsible for keeping a copy of such terms. When members renew subscriptions, the terms in effect at the time of renewal will govern, provided that such terms may change as described above.

We also reserve the right, in our sole discretion and from time to time, to offer programs, products or services with unique terms and conditions that are separate from and may supersede or supplement in certain respects these Terms. In such cases, your use of the Site with respect to such special program is governed by these Terms together with the terms and conditions of such program, product orservice.

We reserve the right, but assume no obligation, to agree to different or conflicting terms and conditions with respect to any user. Any such terms and conditions will not be enforceable unless specifically agreed to by us.

Subscription rates and fees (including any commissions) charged for any listing that is not subscription based (such as pay-per-Leasing or pay-per-lead) are set at the time of a user or member’s purchase of the subscription or renewal or sign up for the non-subscription based, listing, as applicable. Such rates and fees are subject to change without notice or approval. For subscription listings, the rates in effect at the time of the member’s next subscription renewal, new listing or a member’s upgrade or any other additional or new order of any product or service will govern for such renewal or other

order. The fees and commissions applicable to pay-per-Leasing listings offered on one or more Sites will be displayed under the “List Your Property” tab when such product is generally made available on a Site or shall be otherwise set forth in a communication between us and the member.

The types of products and services (including the features, terms, and operation thereof) offered at the time of a member’s subscription or sign up for a non-subscription based listing are subject to the descriptions displayed at the time of use and/or purchase and are subject to change without notice or approval. We further reserve the right to offer additional products, services or features for purchase at any time. See also the section below relating to auto-renewal ofsubscriptions.

Your Record of These Terms: We do not separately file the Terms entered into by each user of the Site. Please make a copy of these Terms for your records by printing and/or saving a downloaded copy of the Terms on your personal computer.

Enforcement of These Terms: We may immediately terminate any user’s access to or use of the Site due to such user’s breach of these Terms or any other unauthorized use of the Site. However, we do not guarantee that we will take action against all breaches of these Terms. Our failure to take immediate action with respect to a breach by you or others does not waive our right to act with respect to such breach or any other breach. Any action or inaction by us in response to any breach of these Terms does not limit our rights with respect to actions we may take in response to any other similar or different type ofbreach.

Entire Agreement, Conflict, Headings and Severability: These Terms constitute the entire agreement between us and you with respect to the matters set forth herein and supersede any prior agreement between us and you with respect to your use of the Site. Headings in these Terms are for reference only and do not limit the scope or extent of such section. In the event of any conflict between these Terms and any other terms and conditions applicable to a product, tool or service offered on our Site, the Terms herein shall prevail. If any portion of these Terms is found to be invalid or unenforceable by any court of competent jurisdiction, the other provisions of these Terms shall remain in full force and effect. Further, any provision of these Terms held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable.

Assignment: We may assign these Terms in our sole discretion. Users must obtain our prior written consent to assign these Terms, which may be granted or withheld by us in our sole discretion.

Additional Terms and Conditions Applicable to Our Members

In addition to being bound by the Terms set forth above, members who purchase subscriptions to advertise a property on the Site are also bound by the following terms, which are in addition to any other terms agreed to in connection with purchasing or renewing a subscription.

Member Eligibility; Accuracy of Information; Representations.

Our services may only be used by members who can form legally binding contracts under applicable law. If you are registering as a business entity, you represent that you have the authority to bind the entity to these Terms. Each member represents and covenants that all information submitted to us and to the Site during such member’s registration with the Site shall be true and correct. Each member further agrees to promptly provide notice to the Site by contacting us as provided above under “General – Contact Us” regarding any updates to any such contact information previously submitted by such member to the Site. Each member agrees to promptly provide such proof of personal identification, proof of ownership of the property listed on the Site, and proof of authority to list the property as we may request. Each member further represents and covenants that: (i) it owns and/or has all necessary rights and authority to offer for rent and to rent the property listed by such member; (ii) it will not wrongfully withhold a rental deposit in breach of the underlying rental agreement; (iii) that it will accurately describe the subject rental property, will not fail to disclose a material defect in, or material information about, a rental property and will upon request, or otherwise from time to time, review the property listing content and location or geographic description to ensure it is accurate and not misleading ; (iv) that it will not wrongfully deny access to the listed property; and (v) that it will not fail to provide a refund when due in accordance with the applicable cancellation policy or underlying rental agreement. Upon our request, each member agrees to promptly provide to us such proof of personal identification, proof that the condition, location, or amenities associated with the property are accurately described in the listing, proof of ownership of the property listed on the Site, and/or proof of authority to list the property as we may request. If you are a tenant who is listing a home, condominium, or apartment, please refer to your rental contract or lease, or contact your landlord, prior to listing the property to determine whether your lease or contract contains restrictions that would limit your ability to list your room, home, condominium or apartment. Listing your home may be a violation of your lease or contract and could result in legalactionagainstyoubyyourlandlord,includingpossibleeviction

Appearance in Search Results.

We cannot guarantee that your listing will appear in any specific order in search results on a Site. Search order will fluctuate based on a variety of factors such as search parameters, subscription level purchased, listing quality, how frequently a calendar is updated, and other factors that we may deem important to the user experience from time to time. Listing appearance or order in any particular search result may also vary depending on the search criteria used by the particular Tenant. We reserve the right to apply various searchalgorithmsortousemethodstooptimizeresultsforparticularTenants’

experiences and the overall marketplace. Listings placed on a non-subscription

basis, such as pay-per-Leasing, may not always appear in search results in any particular subscription level or at all. Listings distributed to third party sites are not guaranteed to display on such third party site in any particular order or at all. Search results and sort order may appear different on The Company’s mobile application than they appear on the Site. To optimize the search experience for both members and Tenants, The Company retains the right to run occasional tests that will be limited in duration but may alter how we display search results and subscriptionlevels.

Content, Layout and Copy.

All content and copy edits submitted by members are subject to review and approval by us in our sole discretion. We reserve the right to refuse to publish any content that we determine in our sole discretion does not meet these Terms or is otherwise unacceptable to us. However, we assume no duty to review content and we shall not have any liability for any loss or damage resulting from the design or positioning of the copy, properties, content and/or photographs or any change made to any content, photograph or copy submitted by any member. All content must meet these Terms and our Content Guidelines. We reserve the right to edit content submitted to the Site in a non-substantive manner solely to cause the content to comply with our content guidelines orformattingrequirements. Members are responsible for reviewing and ensuring that any content displayed on the Site appears as the memberintended.

Photographs.

Photographs should depict the rental as the main subject of the photograph and may not include children or adults if you do not have their legal consent or any information that would violate the privacy rights, intellectual property rights or any other rights of a third party. We reserve the right not to display or to remove any photographs that we determine, in our sole discretion, do notmeettheseTermsorareotherwiseunacceptabletous.

By submitting a photograph to us, the member represents and warrants that

  1. (i) it holds all intellectual property rights with respect to each submitted photograph, or (ii) it has secured from the copyright holder all rights necessary for the photograph to be used in an online advertisement, (b) that any people in the photograph have given permission for their likeness to be displayed in an online advertisement on the Site, (c) that the photograph accurately and fairly represents the subject of the photograph and has not been altered in any manner that would mislead a viewer of that photograph, and (d) that it will indemnify and hold harmless the Site and any member of The Company

from any cause of action arising from any misrepresentation with respect to any and all photographs so submitted.

It is the member’s responsibility to obtain reproduction permission for all photographic and other material used in its listings. The member warrants that it is the owner of the copyright in such material or is authorized by the owner thereof to grant to us the rights therein contained and agrees to provide any proof of such rights to us that we may request.

Further, each member agrees that we may reproduce in whole or in part any photographic material supplied by such member in the promotion of either such member’s property or the promotion of the Site.

Uses of Our Trademarks or Logos.

There are limited ways in which you may use our trademarks or logos without specific prior written authorization. The following are general guidelines: It is usually permissible for you to refer to The Company or the name of one of our affiliate websites on which you list your property in a descriptive manner in your listing on the Site or in other permissible communications. For example, you might say "Check out my rental on The Website," or "I list properties on The Website." However, you may not refer to The Company or any of our affiliates in any way that might lead someone to believe that your company or site is sponsored by, affiliated with, or endorsed by The Company or one of our affiliates. For example, you may not say “Kads Cloud sponsors my rental,” or describe your property as “Kads Cloud’s best rental.” You may not use The Company name or one of our affiliates’ names on any other website that lists rentals without our prior written authorization. You may not use Kads Cloud as a name in an email address (e.g. Kads Cloud@gmail.com, Kads Cloud@YOURWEBITE.com).

The Company name and logo and those of The Company and our affiliates are registered trademarks in the United States and other jurisdictions around the world. We generally do not permit the use of our names and logos, other than as described above or with our prior written authorization. If you want permission to use our name and/or logo in any other manner, including, without limitation, on any website, business card, signage, t-shirts, etc.

Hypertext Links.

We reserve the right to refuse hypertext links to, or addresses of, other websites from members' pages, and to remove links or web addresses without notice at our sole discretion. Further, we reserve the right to charge for hypertext links at anytime.

Substitution of Properties; Advertising More Than One Property; Property Managers.

Each listing must relate to an individual and uniquely identified property if you are managing more than 50 properties you may be restricted on listing and be required to purchase partner products designed for property managers. This means that:

    1. Prior to listing a property with The Website or partner affiliates, all users are required to be verified with a credit card, a picture of the user holding their state-sanctioned I.D., with both names matching and a picture and the card. Additionally, a phone number is required to be verified and possibly social media accounts. All information that is collected is for the sole purpose of verifying user Identity in order to prevent fraudulent users from preying on unsuspecting tenants or landlords.

Subscription Term, Refund Requests, and Termination.

  • Kads Cloud may offer a free trial which will allow You to assess if the Website is satisfactory for your purpose.

  • The Customer will pay all fees specified for the Service as agreed between the Customer and Kads Cloud.

  • Fees for the Service will be invoiced to the Customer, in accordance with the relevant subscription or purchase made through the Service and paymentshall be remitted from the Customer’s country of residence. Fees shall be due in accordance with the invoice issued by Kads Cloud or as otherwise set forth on the Service for the applicable subscription or order and all fees are quoted and payable in the currency of the invoice (unless otherwiseagreed).

  • The Customer shall provide Kads Cloud with complete and accurate billing and contact information including a valid email address for receipt of invoices. The Customer will make payments via by credit card or direct debit (unless otherwise agreed). For the avoidance of doubt, this Agreement shall apply to any use of the Service, even if done so on a free or trial basis. Invoices are available within the Service and will not be emailed to the Customer as standard.

  • Fees are charged in advance and are non-refundable. Unless required by law, Kads Cloud will not provide refunds in connection with the Kads Cloud Services.

  • Pricing of Services is advertised on the pricing and subscription pages of each Service Website.

  • Where a Customer pays for more than one (1) month of the Service in advance, Kads Cloud reserves the right to review the number of units that are active within the Service at any point during the paid for period. If the Customer has more than the initially agreed number of units in their account at any time, the Customer shall be charged for the additional units which must be paid immediately to prevent the account being locked.

  • International Bank fees may be charged for currency conversion and international settlement; and your charge may still be subject to additional fees even if you are being charged by Kads Cloud in your local currency. If your bank statement and/or credit card statement charge differs from your Kads Cloud invoice, please contact your bank in the first instance. Kads Cloud is not liable for any additional bank transaction fees that may be charged by your bank or intermediary institutions.

Subscription Term: All subscription listings are sold to run the full term that is chosen by the member. The term starts on the date that the member submits the full or initial (as applicable) payment and expires on the last date of the term chosen by the member. For example, for an annual subscription term, if the member submits payment for the subscription on October 1st, the subscription would expire on November 30 of the following year.

Refund Requests: Generally, no refunds are available. All sales are final by The Company and or third-party sales. If you feel a refund is needed such requests can be reviewed, but the purchase is done with the understanding that there is a no refund policy and all sales are final.

Refund Requests for Subscriptions: All subscription purchases are final and non-refundable. Subscriptions whether daily, weekly, monthly or with a date range that is pre-established and set up for recurring charges must be changed to a free version or cancelled prior to the date and time of the charge

If you renew your subscription, or if your subscription automatically renews under its terms of your subscription, your account will remain actively subscribed for the entire subscription period without refund. If you sell your property and no longer wish to be a subscriber, please change your subscription within your account to the free "Basic" version; however, no refund will be owed.

Our Right to Terminate a user’s account: If in our sole discretion, any member submits unsuitable material to our Site or into our database, misuses the Site or our online system or is in material breach of these Terms, we reserve the right to terminate such member’s subscription(s) immediately without refund. In addition, if we become aware of or receive a complaint or a series of complaints from any user or other third party regarding a member’s rental practices that, in our sole discretion, warrants the immediate removal of such member’s listing from the Site (for example, and without limitation, if a

member double-books a property for multiple Tenants on the same date, or engages in any practice that, in our sole discretion, would be considered deceptive, unfair or improper within the rental industry or in an online marketplace for rentals, if we determine or suspect that the member’s payment-related practices or procedures are not secure, legal or otherwise proper, or if we receive a complaint that any listing’s content infringes on the rights of a third party), then we may immediately terminate such member’s listing(s) or subscription(s) without notice to the member and without

refund. We assume no duty to investigate complaints. Finally, if any member is abusive or offensive to any employee or representative of The Company Group, we reserve the right to terminate such member’s listing(s) or subscription(s) immediately without refund. Finally, if any member is in breach of these Terms or its obligations to us or any of our third-party providers then we may terminate such member’s subscription(s) immediately without notice to the member and without refund.

Transfer of Listing to a Third Party: No listing may be transferred to another party. In the event of a property sale or change in property management, The Company will provide guidance on options for creating a new listing.

Annual subscriptions are provided as stated at the time of purchase. Annual subscriptions include at times 2 months of free service over the 1 year automatic renewal time period, so refunds are not provided. Such subscriptions and payments are final. Please review the product and plan selection prior to purchase as subscriptions for monthly and annual are non- refundable. Plans and features may change from time to time, but subscriptions will entitle you to at least the basic services offered at the time of purchase. Normally each subscription plan will evolve and include more features over time and Users will not be required to pay an additional fee over that payment period in regards to the subscription in which they are signed up. Under subscriptions, Users may still find products and services available for purchase and these products are not part of the subscription but can be purchased separately. Users will receive an original receipt, but ongoing monthly transaction receipts may be found in their account under "upgrade myplan".

In the event, a User wants to cancel their subscription or discontinue automatic payments renewal they may do so by logging into their account and under settings and "Upgrade my Plan" they can change and manage their subscriptions of which is immediate. They may also email Us the contact listing to the email listed in the Contact US section from their email in which the account is managed and request for a support team member to assist them. Any request sent via the support email is limited to at least 5 business days before subscriptions can be changed due to holidays, weekends, call volume and workload.

Distribution of Listings to Third Party Websites

To enable Members to obtain broader distribution of their properties, we may provide your listing information, or otherwise provide for the distribution of, your listing on a Third Party Website. Additional terms and conditions may apply to such distributions, which will be the responsibility of the user. We may post your listing to many third-party websites that partner with The Company and therefore all terms within our site are applicable to third parties aswell.

Registration and Account Security

User commitments

In protecting user information users also commit to the following:

You will not provide any false personal information or create an account for anyone other than yourself without permission.

If we disable your account, you will not create another one without our permission.

You will not post properties for rent of which you do not have authority to be listing.

You will not rent, collect rent, collect fees, deposits or misrepresent yourself to potential applicants for the sake of fraud, theft or any other inappropriate activity.

You will not use The Website for any illegal activity of any sort. You will not use The Website if you are under 13.

You will keep your contact information accurate and up-to-date.

You will not share your password (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.

You will not transfer your account (including any Page or application you administer) to anyone without first getting our written permission.

If you select a username or similar identifier for your account or Page, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).

Use of Third-Party contracts notices and other documentation and E-signature.

Users agree that all e-signatures provided to each other or The Company are binding and as if they used their own pen signatures. All contracts and commitments and binding.

USER REPRESENTS THAT USER HAS ALL RIGHTS REQUIRED TO MAKE AVAILABLE AND DISTRIBUTE THE MATERIALS WITHIN CONTRACTS. EXCEPT FOR SUCH REPRESENTATION, THE MATERIALS IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, NON- INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. USER CONFIRMS THEY HAVE NOT STOLEN OR REPRODUCED ANY CONTRACTS WITHOUT PROPER PAYMENT OR APPROVAL FROM THIRD PARTIES FOR THE USE OF CONTRACTS AND NOTICES.

THE COMPANY HAS NOT PROVIDED IT DOCUMENT AND E-SIGNATURE SERVICES FOR THE PURPOSE OF STEALING AND REPRODUCES THIRD PARTY CONTRACTS. USER CAN LOSE THEIR ABILITY TO ACCESS THE SITE IN THE EVENT THEY ARE FOUND TO BE PARTICIPATING IN SUCH FRAUDULENT ACTIVITIES.

Credit, Screenings and Background Checks

If you are a landlord, Property Manager or staff of a similar organization by requesting or viewing a credit report using The Company or any of its Affiliates, you additionally represent and warrant the following: (1) that you have never been involved, and will not become involved, in any credit fraud or other unethical business practice and that you will immediately discontinue all use of the Service (and any reports and other information obtained via the Service)andnotifyusifyouareeverinvolvedinanysuchfraudorpractice;

(2) that your request for any credit report using the Service, and your use of any credit report obtained through the Service, is lawful and solely for the purpose of evaluating a prospective tenant’s rental application; and (3) that you will not provide a copy of any report obtained through The Company or its platform, or any information contained in such a report, to any other party. You agree to indemnify, defend, and hold harmless us and our affiliates, agents, officers, employees, and vendors (including without limitation our third-party credit reporting agencies and their respective affiliates, agents,

officers, and employees) from any Claim arising out of or relating to your breach of the foregoing representations and warranties.

The Company is not a credit bureau and does not control the contents of credit reports, background checks and other products for screening including reports obtained through the Service. We are NOT responsible for the contents of any credit report or background check report or any credit score, whether correct or incorrect. Credit reports and background check reports can contain information that is incorrect, incomplete, or not up to date, and reports are not a substitute for carefully reviewing and independently verifying all information contained in a rental application and interviewing a prospective tenant. If you believe that any information contained in your credit report or background check report is inaccurate or incomplete, you have the right to dispute it. To dispute the contents of your credit report, please contact the appropriate third party vendor in which the service was purchased

User Accounts

Use of the Sites and any products and services purchased or rendered therein, may be used through User Accounts. Such User Accounts shall be accessible through the use of a combination of a unique User ID and a unique, secret password as well as potentially other optional authentication methods as may or may not be provided by us (the User ID, Password, and any other authenticationfeaturetogetherbeingreferredtoasthe“LoginCredentials”).

You represent that all information provided by you for Login Credentials is accurate and current. Users are obligated to choose their own User ID and Password in accordance with the rules relating thereto.

You agree that you are solely responsible for all use of the Service under your Login Credentials and that you shall not disclose such to any person whatsoever nor permit another person to use the website via your User Account as also provided in the User Conduct provision herein.

We do not guarantee the availability or use of any particular User ID. User IDs and other identifying Login Credentials or usernames must not be in any way unlawful, illegal, fraudulent or harmful, harassing or infringe any third party’s legal rights.

We reserve the right to terminate User Accounts for any violation of these Terms of Use in our sole discretion.

User Content

You are solely responsible for any written or electronic communications that you submit by or through the Sites, including but not limited to any information relating to your account, your rental property(ies), any statements, writings, content, copyrightable subject matter, audio, visual or audio-visual materials, graphical images, text or other content (“User Content”), and we may refuse to post or may delete any User Content for any or no reason, including User Content that, in our sole judgment, violates these Terms of Use or which may be offensive, illegal or violates the rights of any personorentity,orharmsorthreatensthesafetyofanypersonorentity.

You represent, warrant and covenant to us that all User Content you provide, including, but not limited to information related to your rental property(ies), is true and accurate to the best of your knowledge. You may not post, transmit, or share User Content that you did not create or that you do not have permission topost.

We assume no responsibility for monitoring the Sites to detect inappropriate User Content or conduct. We reserve the right to, any time we choose, in our sole discretion, monitor the Sites and remove any User Content we deem to violate these Terms of Use. By doing so, we do not assume any further responsibility for any removed User Content, and we will not have any future or continuing obligation to monitor, modify or remove any inappropriate User Content. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Sites or provide tous.

You assume full responsibility for and agree to indemnify us against any liability arising out of, any and all User Content that you post on or through the Sites or its related services, as well as for any material or information that you transmit to other users of the Sites and for your interactions with other users.

We do not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content. You hereby grant to us a worldwide, non-exclusive, royalty-free, irrevocable, transferable, sub- licensable right and license to publicly display, sell, rent, and distribute such User Content; provided, however, that we shall maintain the confidentiality of any information solicited by the Sites from you if designated as confidential by the Sites (except that, to the extent so indicated on the Sites at the time of submission.

You represent, warrant and covenant that, with respect to all of your User Content, you have all rights necessary to grant the foregoing rights and licenses, and that the User Content does not violate any law or the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any other person or entity.

You shall indemnify, defend and hold us, our partners, our affiliates, and our users harmless from and against any claim, demand or cause of action asserted by any third party alleging, directly or indirectly, that your User Content violates any law or violates or infringes upon any third party intellectual property rights of any kind or nature, of that such User Content was inaccurate or misleading or in any way did not properly represent your rental property(ies).

User Conduct

You understand that the purpose of the Sites is to create a clearinghouse where potential tenants and landlords may view and post information related to rental property(ies), contact each party to request additional information regarding rental property(ies) with the intent of entering into a rental agreement with each party, and allow each party to conduct various communications and activities, such as facilitating payment and receipt of

monthly rental fees, facilitating background screenings, and any other service we provide now and in the future.

You agree to only use the Sites for its intended purposes. In addition, you agree not to use the Sites to:

harvest or collect email addresses or other contact information of other users from the Sites by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;

any way harm, damage, disable, overburden or impair the Sites;

use automated scripts and/or technologies to collect information from or otherwise interact with the Sites;

upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;

upload, post, transmit, share, store or otherwise make available any videos other than those relating to your rental property(ies) that you want to advertise as available for rent;

register for more than one user account as an individual or more than one user account for any legally incorporated business entity, register for a user account on behalf of an individual other than yourself or a legally incorporated business entity to which you have legal authority to manage such user account; or register for a user account on behalf of any group or entity;

impersonate any person or entity, or falsely state or otherwise misrepresent yourself, or misrepresent any information related to your rental property(ies);

upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

upload, post, transmit, share, store or otherwise make publicly available on the Sites any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;

solicit personal information from anyone under the age of eighteen (18) or solicit passwords or personally identifying information for commercial or unlawful purposes;

upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

intimidate or harass another individual, including your tenant(s) or landlord whether on-site or offline;

upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;

use or attempt to use another's account, service or system without authorization from Us, or create a false identity on the Sites;

upload, post, transmit, share, store or otherwise make available content that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Sites, or which may expose us or our users to any harm or liability of any type;

circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Sites;

covering or obscuring the advertisements on any Sites page via HTML/CSS or any other means;

any automated use of the system, such as, but not limited to, using scripts to inappropriately add or take away information to your account or any other profile of another user or send comments or messages;

interfering with, disrupting, or creating an undue burden on the Sites or the networks or services connected to the Sites;

using the account, username, or password of another user at any time or disclosing your password to any third party or permitting any third party to access your account;

selling or otherwise transferring your account; and

displaying an unauthorized commercial advertisement on your account (an unauthorized commercial advertisement means any type of commercial advertisement except for the listing of your rental property(ies) for rent or

providing information regarding your rental property(ies), or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Sites on behalf of that person, such as placing commercial content on your account, posting blogs or bulletins with a commercial purpose (except for the commercial purpose of renting your rental property(ies)), or sending private messages with a commercial purpose outside of the commercial purpose of renting your rentalproperty(ies).

Posting Requirements and Restrictions

In addition to any other requirements or restrictions set forth in these Terms of Use, the following requirements and restrictions apply to all User Content you post to theSites:

All posts must clearly indicate the address(es) of your rental property(ies) where appropriate. Only one (1) listing is allowed per property address and or per apartment community.

All properties must be listed under the correct property type defined as follows:

House – a detached residence owned by an individual.

Basement/In-Law Apartments – An apartment located below street level, underneath another structure - usually a house. Includes a separate entrance and amenities. An in-law apartment can also refer to a detached rental structure on the same property.

Apartment – a suite of rooms forming one residence, typically in a building containing a number of similar groups of rooms.

Town home – a building containing a number of individually owned residences, connected side-by-side.

Condo/Multiplex – A housing structure that is either a.) part of a bigger unit or building, where the owner of the condo owns the interiors independently and the other services in the building jointly with other condo owners. Or b.) a house divided into multiple apartments, with a separate entrance for each.

Single Room – a room for rent with shared kitchen and common areas within the same building structure.

Sublease/ Student Contracts – This refers to the transfer of a lease from a current tenant to another person, but with the original tenant retaining some right or interest under the original lease. A student contract can be a sublease or a lease for housing that is approved by a higher education institution or rented to someone based on lease parameters that work with students.

Listings may not contain links to, content from, or any directions to access your internet websites or applications. Listings also may not contain links to the internet websites or applications of any other third party. URL redirection orURLforwardingfromyourpostsisalsoprohibited.

Images posted may also be depictions of floor plans of your rental property(ies). Images not expressly permitted pursuant to the foregoing are prohibited, including, without limitation, images of individuals or animals.

Images otherwise permitted hereunder may not contain any watermarks or added text of any kind. By posting any such images, you represent and warrant that you have the right to post such images and that such images will in no way infringe any intellectual property rights of any third party. With exception of the listing itself, property listings may not display commercial advertisements or promotions of any kind, including, without limitation, commercial advertisements or promotions relating to your rental property(ies) or to seminars or other instructional training sessions of any kind.

Images posted must be actual, unedited photographs of: your rental property(ies) (interior and exterior);

signs or entrances to the apartment community or other community in which your rental property(ies) are located; and/or any amenities appurtenant to such property(ies), such as swimming pools, playgrounds, and open space located in the apartment community or other community association and to which your tenant(s) would have access during the term of their lease.

Duplicate listings or postings of your rental property(ies) are prohibited.

For apartment communities, you are allowed one (1 free listing per community (under 30 units). If you have over 30 units you will need to upgrade to a package. See contract for further terms, if applicable.

For rentals in all categories other than apartment communities, you may have two (2) active free listings per user. If you create multiple user accounts for a single company, all extra accounts will be migrated to one account. If you continue to abuse the system then legal action will be taken.

Property listings are displayed for thirty (30) consecutive days and may be renewed upon expiration. Property listings may be manually refreshed to the top of the listing results every fourteen (14) days. Deleting and reposting your rental property(ies) to game the listing position of your rental property(ies) listing(s) is prohibited. We reserve the right to remove your listing and suspend your account if you are caught deleting and reposting.

All property listings and associated advertisements must not discriminate based on preference toward any specific race, colour, national origin, religion, sex, familial status, handicap (disability), or any other protected class within an

applicable jurisdiction. We reserve the right to remove any property listing and suspend any account that does not meet the standards outlined in the Federal Fair Housing Act, similar and applicable state acts, and/or applicable county or municipal ordinances.

A guide to these Posting Requirements and Restrictions can also be found on The Website and are subject to update, amendment, revision or replacement at any time or from time to time solely at our discretion.

Paid Listings & Promotions

We do not give refunds or partial refunds for any paid listings or promotions.

Featured listings are placed on the first page of the search results. Featured listings are displayed based on an algorithm that reveals listings based on the map location and/or zip code; these listings will share placement with other featured listings and will cycle through evenly. Be cautious of how many featured days you reserve and pay for. We only have a limited number of spots available for featured listings. Therefore, once you reserve specific days forfeaturedplacements,wedonotrefundforunuseddays.

A paid listing is good for 30 days and only applies to the original listing it was purchased for. The placement of free and paid listings are based on the date they are posted.

A ribbon highlights a feature of your rental property and is displayed for the life of your listing (30 days). Ribbons are displayed with a banner and text highlighting an amenity or feature on the front photo of your listing.

Online Rental Applications

As part of the Services, we will provide you notification of and access to tenant applications. You accept all responsibility, liability and obligations associated with the safekeeping and confidentiality of such tenant applications. You further agree to indemnify us and hold us harmless as a result of any claims resulting from your access to tenant applications.

Credit Checks and Background Reporting.

As part of the Service we have partnered with third-party credit and background reporting agencies. As part of this service, when a landlord

requests a credit report from a prospective tenant, we will give the tenant the option to order a credit report to be shared with the requesting landlord.

During this process we may ask for personally identifiable information (including Social Security Number) that we will share with our third-party reporting agencies for the purposes of generating those reports. Any information we gather from you relative to credit and background reports will not be stored by us (except temporarily to facilitate each specific report) nor will this information be used for any other purpose than facilitating these credit and background reports. We are not responsible for the contents of any credit report, whether correct or incorrect. Credit and background reporting is provided by third-parties and may not be available at all times due to reasons beyond our control. The screening fee is non-refundable and each screening is only good for use on a single application and cannot be transferred to applications for other properties or landlords. If you have any questions regarding these services or the reports contact us.

Identity Verification.

To ensure the safety and protection of our customers, prior to allowing access to certain features of the service, we require identity verification either directlywithusorthroughthird-partyidentificationverificationservices.

Identity verification may require further information based on your credit and account profile. For Experian Precise ID verification, you acknowledge and understand that you are providing ‘written instructions’ to us under the Fair Credit Reporting Act authorizing us to obtain information from your personal credit profile or other information from Experian. You authorize us to obtain such information solely to confirm your identity. NOTHING HEREIN SHALL BE CONSTRUED TO REQUIRE US TO VERIFY THE IDENTITY OF ANY USER ON THE WEBSITE NOR WILL WE HAVE ANY LIABILITY FOR FAILURE TO VERIFY ANY USER’S IDENTITY.

Fair Housing.

Landlord, you represent and warrant that you have read and accepted Our Fair Housing Policy in compliance with all federal and state laws in your decision to accept or deny a tenant for a particular rental property. Landlord further represents and warrants that all User Content (including, without limitation, any information related to your property(ies)), is true and accurate and does not violate any federal, state, local or international law or regulation.

Tenant represents and warrants that all User Content (including, without limitation, information included on your account, applications, background

checks, etc.) is true and accurate and does not violate any federal, state, local or international law or regulation. In addition, you as Landlord acknowledge and agree, to hereby indemnify us against any claims or demands related to any such fair housing claims arising from User Content posted or created by you.

Accuracy of Information

  • Although we make every attempt to ensure that it is correct and accurate, Kads Cloud cannot guarantee the accuracy of the information on this Service, and are not liable for any problems or losses arising from errors in the content. In using the Services provided by Kads Cloud , you acknowledge that Kads Cloud is not acting as a contractor or Estate agent, inventory Clerk or Property Manager and is not responsible for any work done or offered.

  • It is the responsibility of the Kads Cloud users to select a suitable service provider and to negotiate the terms for any work that they undertake, and Kads Cloud will not be responsible, involved or held liable for the agreement between the Kads Cloud users.

  • We recommend that any Kads Cloud users, before entering into a contract with the Kads Cloud users, obtains confirmation of insurance cover, guarantees, qualifications and any other necessary document. If you suffer any problems or losses as a result of acting on the information provided outside of the Website, Kads Cloud will not be liable.

Content

  • You agree to use the website only for lawful purposes and in a way that does not infringe the rights of or restrict or inhibit anyone else’s use and enjoyment of the website. Messages, profiles, job descriptions and other content must be civil and tasteful.

  • You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials (“content”) posted on, transmitted through, or linked from Kads Cloud , are the sole responsibility of the person from whom such content originated. You are entirely responsible for all content that you post, email or otherwise make available via the Service.

  • You understand that Kads Cloud does not control, and is not responsible for content made available through the service. Furthermore, the Kads Cloud site and

content available through the Service may contain links to other websites, which are completely independent of Kads Cloud . Kads Cloud makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such website.

  • You understand that Kads Cloud does not in any way ‘vet’ or approve property managers, estate agency, landlord, contractor, tenants or inventory clerks, who are listed on the site.

  • You acknowledge that Kads Cloud does not pre-screen or approve all content, but that Kads Cloud shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any content that is available on the website for violating the letter or spirit of the terms or for any other reason.

  • You agree that Kads Cloud bears no liability for the use of, or any problems related to the use of, any sample legal documentation provided on the system. This includes but is not limited to: ASTs, notices, How to rent and Right to rent documents. Kads Cloud recommends satisfying yourself as to the quality and content of the sample documentation provided on the system before using them.

Intellectual Property

  • Kads Cloud owns all the intellectual property rights relating to the site, including the designs, text, database, graphics and layouts, and you agree not use or copy any part thereof without our express permission.

  • The intellectual property rights on postings, messages, text, files, images, photos, video, sounds, or other materials (“content”) Users upload to Kads Cloud are retained by the copyright owner, and these are added to the site by Users at their own risk. In doing so you are giving expressed and irrevocable permission for us to store, display and use the content.

Dealings with organizations and individuals

  • Your interactions with organisations and/or individuals found on or through the Website, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organisations and/or individuals.

  • You agree that Kads Cloud shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between Users on this Website, or between Users and any third party, you understand and agree that Kads Cloud is under no obligation to become involved.

  • In the event that you have a dispute with one or more other Users, you hereby release Kads Cloud, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature,

known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service

Third Party API`s

  • Kads Cloud will not be held liable for any issues that arise as a result of a third- party API`s used to connect Kads Cloud to their services.

  • Any correction in data will be the responsibility of the client as a result of a third party API issue.

Feedback between Kads Cloud users

  • You agree that Estate Agencies, Property Managers, Service Professionals, Landlords, Tenants or any Kads Cloud users can leave their feedback, if after expressing interest you carried out some or all of the job advertised or similar or related work.

  • All service providers will be subject to feedback evaluations from customers for who they carry out work, and thereby understand that Kads Cloud is not responsible for the evaluation content that those customers post, or any harm done by such content.

  • The managing agency, property managers, landlords or tenants who posts the feedback is directly responsible for his or her written evaluation. In some exceptional circumstances, Kads Cloud may remove feedback, but only at its sole discretion. Likewise, any Kads Cloud users of the website who posts feedback in reference to a service provider is responsible for its accuracy and legality.

  • All Users understand that any use of profanity, libellous behaviour, illegal activity, or any other form of abuse of the feedback function or any other part of the website may be banned from further use and reported to the authorities, if applicable.

  • Kads Cloud performs a number of checks on feedback to ensure authenticity and may at our sole discretion remove any feedback that we cannot verify.

Limitations

  • You acknowledge that Kads Cloud may establish limits concerning use of the Website, including but not limited to the maximum number of days that content will be retained by the website, the maximum number and size of postings, email messages, or other content that may be transmitted or stored by the Website, and the frequency with which you may access the website.

  • You agree that Kads Cloud has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the Website.

  • You also acknowledge that Kads Cloud reserves the right at any time to modify or discontinue the website (or any part thereof) with or without notice, and that Kads Cloud shall not be liable to you or to any third party for any modification, suspension or discontinuance of any services.

  • You agree that we shall not be liable for any loss or damages arising from the provision (or non-provision) of any part of the service, including loss of profit or consequential loss or damage.

Access Conditions

  • Kads Cloud grants You the right to access and use the Website and Services with the user roles according to your Subscription. This right is non-exclusive and non- transferable and is limited by and subject to this agreement. You must only use the Website and Services for your own lawful internal business purposes.

  • You will ensure that all usernames and passwords required to access the Website are kept secure and confidential. You will immediately notify Kads Cloud of any unauthorised use of your passwords or any other breach of security and Kads Cloud will reset your password.

  • When accessing and using the Website You must:

  1. not attempt to undermine the security or integrity of computing systems or networks or the Website;

  1. not use, or misuse, the Website in any way which may impair the functionality of the Website or Services, or impair the ability of any other user to use the Website or Services;

  1. not attempt to gain unauthorised access to the computer system on which the Website is hosted or to any materials other than those to which you have been given express permission to access;

  1. not transmit or input into the Website any files that may damage any other person’s computing devices or software; content that may be offensive; or material or Data in violation of any law (including Data or other material protected by copyright or trade secrets which you do not have the right to use);

  1. not modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer the Services, Website or any software applications included in the Website, as part of the Website, and for the purposes made available on the Website only;

  2. only access the Website manually. The use of automated agents, robots, or automated software, other than search engine spiders, to view the site is forbidden;

  1. not attempt to build a copy of our data.

Intellectual Property Rights

  • All Intellectual Property Rights in all the material which comprises the Website including, but not limited to, design, structure, layouts, graphical images and underlying source code belongs to Kads Cloud. All rights are reserved.

  • You acknowledge that, except as otherwise agreed between the parties in writing, all Intellectual Property Rights of Kads Cloud and the Website shall remain with Kads Cloud.

  • If you submit any content to any public area of Kads Cloud, including blogs, message boards, and forums, you must ensure that such material is not defamatory or offensive, untrue, racially offensive or an incitement to racial hatred or otherwise in breach of an individual’s right to privacy or human rights or actionable in law in any jurisdiction. In the event that you do submit such material to the Website, Kads Cloud reserves the right to remove it without reference to you and co-operate with any investigation by the authorities or court order relating to it, any and all consequences that may directly or indirectly follow will be entirely your responsibility not the responsibility of Kads Cloud. You agree to indemnify and hold Kads Cloud harmless from any action or consequences that may arise in such circumstances, including any claims by third parties.

  • By submitting content to any public area of Kads Cloud, including blogs, message boards, and forums, You grant Kads Cloud a royalty-free, perpetual, irrevocable, non-exclusive right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also permit any subscriber/user to access, display, view, store and reproduce such content for personal use.

  • By submitting content You warrant that You are entitled to and have all necessary Intellectual Property Rights over that content.

Trademark Notice

www.kadscloud.com Kads Cloud and the Kads Cloud logo are trademarks of Kads Cloud Ltd.

Disclaimer of Warranties

  • You acknowledge that:

  1. You are authorised to access and use the Website;

  1. If You are using the Website on behalf of or for the benefit of any organisation then Kads Cloud will assume that You have the right to do so. The organisation will be liable for your actions including any breach of these Terms;

  1. You warrant that where You have registered to use the Website on behalf of another person You have the authority to agree to these terms on behalf of that person and agree that by registering to use the Website You bind the person on whose behalf you act to the performance of any and all obligations that You become subject to by virtue of these terms without limiting your own personal obligations under these terms.

  1. The provision of, access to, and use of, the Website is on an “as is, where is” basis and at your own risk;

  1. Kads Cloud does not guarantee the availability of the Website or services offered on the Website and does not warrant that the use of the Website will be uninterrupted or error free. Among other things, the operation and availability of the systems used for accessing the Website, including public telephone services, computer networks and the Internet, can be unpredictable and may from time to time interfere with or prevent access to the Website. Kads Cloud is not in any way responsible for any such interference that prevents your access or use of the Website.

  1. Kads Cloud is not your accountant or legal adviser and use of the Website should not substitute professional accounting or legal advice. If you have any accounting or legal questions, contact an accountant or a lawyer.

  1. It is your sole responsibility to determine that the Website meets the needs of your business.

  1. You remain solely responsible for complying with all applicable accounting, tax and other laws. It is your responsibility to check that storage of and access to your Data via the Software and the Website will comply with laws applicable to you (including any laws requiring you to retain records).

  1. Kads Cloud reserves the right to revise, change, modify, delete or suspend the content of any part of the Website and/or any of the services it provides on the Website without notice at any time in its sole discretion.

  • Kads Cloud gives no warranty about the Website including as to its accuracy, adequacy or completeness. Without limiting the foregoing, Kads Cloud does not warrant that the Website will meet your requirements or that it will be suitable for your purposes. To avoid doubt, all implied conditions or warranties are excluded in so far as is permitted by law including, without limitation, warranties of merchantability, fitness for purpose, title and non-infringement.

  • You warrant and represent that You are acquiring the right to access and use the Website and agreeing to these Terms for the purposes of a business and that, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction does not apply to the supply of the Website or these Terms.

Application Performance

  • Kads Cloud denies all liability for the timely operation of the Website when used within an Internet environment, where You or a third party is providing the computer equipment upon which the product is to reside or depend upon for any part of its functionality.

  • By accepting these Terms, You confirm your understanding that the timely operation of the Internet and the World Wide Web is governed by constraints beyond the control of Kads Cloud. You accept that Kads Cloud is not liable for the perceived slow operation of the Website.

Termination & Remedies

  • Kads Cloud is entitled to restrict, suspend or terminate your subscription or and remove and discard any content within the website, for any reason, including, without limitation, if Kads Cloud believes that you have acted inconsistently with the letter or spirit of the terms and can deny You access to the Website without notice in its sole discretion.

  • Kads Cloud shall be entitled to disclose your user identity and details if required or requested by the courts or other law enforcement authorities and/or agencies or in such other circumstances as Kads Cloud in its sole discretion considers reasonably necessary or appropriate.

  • Further, you agree that Kads Cloud shall not be liable to you or any third-party for any termination or restriction of your access to the website. Further, you agree not to attempt to use the website after said termination.

Indemnity

  • You indemnify Kads Cloud against all claims, costs, damage and loss arising from your breach of any of these Terms or any obligation You may have to Kads Cloud, including but not limited to any costs relating to the recovery of any Subscription Fee that have not been paid by You.

  • Your use of any information or materials on this Website is entirely at your own risk, for which Kads Cloud shall not be liable. It shall be your responsibility to ensure that the Website, its products, services and information, meet your specific requirements.

Partners

  • Kads Cloud regularly partners with accountants, bookkeepers, brokers, financial institutions, insurance companies and resellers among other professional service providers. Partners may offer their services to you through the Service, however any such services are not endorsed or approved by Kads Cloud. Kads Cloud is not responsible for the quality of their service. It is Your responsibility to vet Partners for the service you require from them.

  • You agree that Kads Cloud may share your Data with Partners for the purposes of enabling our Partners to analyse whether You may be interested in a product or service that they offer.

Referral scheme for Kads Cloud users

  • Kads Cloud may run affiliate schemes for our Services whereby Subscriber/users can receive a benefit if you refer our Services to a third party who signs up and pays for the Services. We reserve the right to alter the terms of our affiliate schemes at any time.

  • Kads Cloud reserves the right to remove You from the affiliate scheme at any time and refuse payment of any monies owed. Reasons for such action include using spam techniques to promote Your affiliation.

Governing Law and Jurisdiction

These Terms of Use are governed by English law and the contract between you and us is made in England. Any disputes will be settled in English courts, although we may take action to enforce our intellectual property rights in any relevant jurisdiction. If any provision of these Terms of Use is found to be unenforceable, it will be replaced with a provision reflecting the intent of the original provision.

Definitions

In these Terms and Conditions, the following definitions shall apply: "Account"

A registered account with Kads Cloud for the use of the Service

"Affiliate"

Any entity which directly or indirectly controls, is controlled by, or is under common control by either party. For purposes of the preceding sentence, “control” means direct or indirect ownership or control of more than fifty per cent (50%) of the voting interests of the subject entity

"Authorised User"

Any of the Customer’s: (a) employees; (b) consultants; (c) service providers; (d) contractors; (e) agents; (f) Customer Tenants; and (g) third party providers, authorised to access the Service by the Customer, through their personalised username and password, created by the Customer using Kads Cloud products and services.

"Confidential Information"

  1. any software utilised by Kads Cloud in the provision of the Service and its respective source code; (b) Customer Data; (c) each party’s business or technical information, including but not limited to the Documentation, training materials, any information relating to software plans, designs, costs, prices and names, finances, marketing plans, business opportunities, personnel, research, development or know-how that is designated by the disclosing Customers “confidential” or “proprietary” or the receiving party knows or should reasonably know is confidential or proprietary; and (d) the terms, conditions, pricing and/or any discounts relating to this Agreement (but not its existence or parties).

"Customer Data"

The electronic data or information submitted by the Customer or Authorised User to the Service, which may include Personal Data.

"Customer Input"

Suggestions, enhancement requests, recommendations or other feedback provided by Customer and an Authorised User relating to the operation or functionality of the Service.

"Customer Tenant"

any tenant who is given access to the Service by the Customer to complete their respective tenancy process, make payments or access other services.

"Documentation"

The supporting documents that outline the use of the software. This includes but is not limited to, Kads Cloud Service Level Agreement, Fair Usage Policy and Quality Assurance Policy.

"Terms"

Terms means the Terms and Conditions of Use herein.

"Property managers" means any person who manages the tenancy, submits or publishes a job on the Website for Trade Professionals to quote or act on.

"Tenant"

means any person named on the tenancy agreement

"Occupier"

means any person living in the property not named on the tenancy agreement

"Landlord" means any person named as the owner of the property

"Service Profesional" means any business or person who registers on the Website in order to quote or accept work posted by any Kads Cloud users.

"Request for Quotation (RFQ)" means project/job/service request submitted by a property manager, managing agency or any Kads Cloud users via our service.

"Intellectual Property Rights"

Any and all common law, statutory and other industrial property rights and intellectual property rights, including copyrights, trademarks, trade secrets, patents and other proprietary rights issued, honoured or enforceable under any applicable laws anywhere in the world, and all moral rights related thereto.

"Law(s) "

Any local, state, national and/or foreign law or laws, treaties, and/or regulations applicable to a respective party.

"Malicious Code"

A breach (including an anticipatory breach) which is serious in the widest sense of having a serious effect on the benefit which the party alleging the material breach would otherwise derive from a substantial portion of this Agreement over the term of this Agreement. In deciding whether any breach is material no regard shall be had to whether it occurs by some accident, mishap, mistake or misunderstanding.

"Personal Data"

Any information that relates to an identified or identifiable individual.

"Service"

means any procedure or service that is provided by Kads Cloud to Users, which includes, but is not limited to: information, services and products provided through the Website.

"Agent"

means an estate agent, lettings agent (and in Scotland, solicitor agents) and/or commercial property agent;

"Business Day" means any day other than a Saturday, Sunday or public holiday in England, when the banks in London are open for business;

"Business Hours" means between the hours of 9:00am to 5:30pm (GMT) on a Business Day;

"Content" means any content and materials made available by, on behalf or on the instruction of, the Member to Kads Cloud or any Group Company on the Website(s), including (without limitation) property details, any intellectual property rights, Lead Content, Photograph Content and Video Content;

"Contract" or "Agreement" means a contract for Services between Kads Cloud and the Member governed by these Member Terms and Conditions, the Order Form and, where appropriate, Product Specific Terms and Conditions;

"Controller" is defined in the Data Protection Legislation; "Data Subject" is defined in the Data Protection Legislation;

"Data Subject Rights" means the rights of Data Subjects set out in Chapter III of the GDPR;

"Developer" means a property developer, agencies which act on behalf of a property developer, housing associations, companies or agencies which operate within the

retirement property market and all other agencies, companies and property developers which deal with the marketing of properties (except for Agents and Online Agents);

"Development" means a newly built property, or a newly converted building where there has been a change of use from something other than residential usage, which carries some form of new build warranty and be classed as 'new' for mortgage purposes;

"Data Protection Legislation" means the EU General Data Protection Regulation (Regulation (EU) 2016/679) ("GDPR") and the Privacy and Electronic Communications Regulations 2003, and (in each case) any successor legislation enacted in the United Kingdom;

"Force Majeure Event" means an Act of God; war; riot, civil commotion; strike, lockout or other labour disturbance (not including those involving the party's employees); or any other circumstances beyond the control of the party seeking to invoke Force Majeure which include outbreak of epidemics and infectious diseases such as plagues, quarantine restrictions or restrictions against entry into any country where services or materials are being obtained or delivered and which operate to frustrate the Contract;

"Group" means Kads Cloud and any holding company or companies and any subsidiary undertaking(s) of Kads Cloud or Kads Cloud’s ultimate parent company from time to time and "Group Company" means any one of them;

"Initial Term" means an initial term of the Contract, if any, as set out in the Order Form or agreed by the parties in writing;

"Lead" means either an email or telephone call received by the Member from any person who has contacted the Member using the contact form or contact details supplied on the Website(s);

"Lead Content" means any data or information generated by or resulting from the activities of a Lead;

"Logo" means the Kads Cloud logo or any other logo as Kads Cloud or any Group Company may from time to time provide to the Member;

"Marketing Materials" means the marketing materials provided to the Member by Kads Cloud or any Group Company for the purpose of promoting the Services;

"Member" means the Agent, the Online Agent or the Developer set out in the Order Form;

"Online Agent" means an estate agent, lettings agent (and in Scotland, solicitor agents) and/or commercial property agent that operates primarily via a website

(rather than a physical branch) and/or does not operate through a local office network;

"Order Form" means the order form for Services (as agreed, amended or added to from time to time by a Services Amendment Form, via Kads Cloud, or otherwise by the parties in writing) indicating the Services to be provided under the Contract together with any specific terms relating to Fees or portal obligations;

"Personal Data" is defined by the Data Protection Legislation; "Photograph Content" means any Content in a photograph format;

"Photograph Content Criteria" means the Photograph Content criteria notified to the Member from time to time;

"Processor" is defined in the Data Protection Legislation;

"Relevant Requirements" means all applicable laws, statutes, regulations, and codes relating to anti-bribery and anti-corruption, including the Bribery Act 2010;

"Services" means the services to be provided by Kads Cloud (or its Group Companies) as set out in the Order Form and which may include any, or a combination, of the following:

    • a process facilitating the upload by the Member of property details (including images) to the Website(s);

    • displaying the Member's properties on the Website(s);

    • providing the Member with a listing within the agent directory on the Website(s);

    • providing Leads to the Member;

    • providing advertising services to the Member;

    • providing reports and access to reporting tools to the Member; and

    • any other services provided by Kads Cloud (or its Group Companies) from time to time.

"Unique User" means a uniquely identifiable visitor to the Website(s) within any calendar month;

"Upload Systems" means any system made available by Kads Cloud to the Member to facilitate the supply of Content to the Website(s);

"Video Content" means any audio-visual multimedia Content in a video format;

"Video Content Criteria" means the Video Content criteria notified to the Member from time to time;

"Website(s)" means any mobile application, the website located at kadsclud.com and any other website whose domain is owned or controlled or powered by kads

cloud or any Group Company as Kads Cloud may determine and via which Services are provided;

"Kads Cloud" or "the Company" means Kads Cloud Ltd, a company incorporated in England and Wales with Company No. 11870054 whose registered office is at 23 Lathom Road, London, E6 2DU, United Kingdom

"Kads Agency" means a Kads Cloud product particularly for estate agent’s property manager’s and landlords to manage their business.

"Kads Landlord" means a Kads Cloud product particularly for landlord’s "Kads Tenant" means a Kads Cloud product particularly for tenant’s

"Kads Service Professional" means a Kads Cloud product particularly for Freelance service professional’s, trade persons and builders.

Notices

Any notice given under these Terms by either party to the other must be by email and will be deemed to have been given on transmission. Notices to Kads Cloud must be sent to support@kadscloud.com or to any other email address notified by email to You by Kads Cloud. Notices to You will be sent to the email address which You provided when setting up Your access to the Service.

Changes

Kads Cloud reserves the right to change or update these terms and conditions from time to time. As a User of the website, you are responsible for acknowledging any updates of these terms and conditions by visiting this section. Any significant changes in the terms and conditions will be followed by notification emails to all active Users.

We, Our, Us or Kads Cloud

Kads Cloud Ltd (United Kingdom company number 11870054) and any of our related companies.

Last Update 15th May 2021

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