Effective as of:  December 6, 2023

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These Terms of Use and Service ("Terms") govern the AssuredRent, AssuredTenant, and AssuredIncome agreements, collectively referred to as Pensio Global risk management services and guarantees "Services." If you are a property owner, property manager, or developer ("Client"), having entered separately or jointly between you, or us, and Pensio Risk Management Corp (Pensio"), a Nevada corporation, you agree to abide by these Service terms. By accessing our risk management service and guarantees or utilizing the provision of Services, you agree to these terms effective as of the date you access or use our Services or the Effective Date indicated in our AssuredRent, AssuredTenant, or AssuredIncome Agreements ("Commencement Date"). If you, as a Client, represent a company or another legal entity, person, or joint entity, you agree to these terms on behalf of any entity, affiliates, co-entities, persons, or other guarantor. If you lack the authority to do so or disagree with these terms in the Services Agreements, please refrain from using our Services.

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Changes to these Terms.

We may, at our discretion, update these Terms periodically. Any updates will take effect as of the date noted at the top of the document. The most recent version supersedes all prior versions. Your continued use of our services after the effective date of an updated version indicates your acceptance of the changes. If you do not agree with the updated terms, please cease using our services immediately.

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Definitions.

• Affiliate: Any entity or person that controls, is controlled by, or is under common control with the applicable party, directly or indirectly.

• Services: Pensio's AssuredRent, AssuredTenant, and AssuredIncome risk management services and guarantees, individually, separately, or collectively constitute "the Services." Our provision of services is explicitly not insurance. Please refer to our Legal and Regulatory Notice, available on this site. For a copy, kindly request one from us at info@pensioglobal.com.

• Intellectual Property:  This term includes the product names AssuredRent, AssuredTenant, and AssuredIncome, services, web-enabled portal, and our website, www.pensioglobal.com. It encompasses unique risk management services and guarantee agreements, inventions, trade secrets, technology, software, documentation, patents, trademarks, copyrights, service marks, logos, and brands. It also covers Confidential Information and the right to apply for their registration or formalization.

 

Compliance with Regulations and Service Guidelines.

You are obligated to adhere to all relevant laws and regulations in the jurisdictions you operate, including data protection, privacy, housing, tenant, and rent laws. All leases involving tenants must comply with these laws and regulations.

Mutual Obligations.

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• Indemnification: You agree to defend, indemnify, and hold us harmless from claims, liabilities, damages, losses, and expenses arising from your use of our services.

• Access and Use of Confidential Information: You and we agree to keep Confidential Information confidential and use it only for these terms. You and we will treat each other's Confidential Information with appropriate care.

• Intellectual Property Rights: We grant you a limited right to use our Intellectual Property for the duration of these terms, solely for fulfilling your obligations. We own all rights to our Intellectual Property, and you cannot use it without our written consent.

 

Service Agreement "AssuredRent, AssuredTenant and AssuredIncome".

These terms can also be implemented through mutually executed product services and guarantee agreements. Any undefined terms in these terms have the meanings described in the applicable Service Agreement. These terms take precedence in the event of any conflict between these terms and a Services Agreement, except if the Services Agreement states otherwise.

 

Termination.

These terms remain in force until the date specified in an applicable Service Agreement or sixty (60) days after the latest Services Agreement expiration providing Services to a Client

• Termination for Cause: We may terminate your access to the Services upon notice if you breach these terms or engage in fraud, negligence, willful misconduct, or other misconduct. We may also terminate your access for various other reasons, including defamatory conduct, felonious actions, or actions contrary to the spirit of these terms.

• No Termination of Services: Our obligations under our AssuredRent, AssuredTenant, and AssuredIncome agreements cannot be terminated except as per the terms and conditions of the Services Agreement and may be affected by your Services termination.

• Survival of Clauses Post-Termination: Provisions that should survive termination, including Intellectual Property rights, confidentiality, and indemnification obligations, remain in effect.

 

Limitation of Liability.

To the extent permitted by law, the Services are provided "as is." We are not responsible for your use of our Services or the terms of the Services Agreements or us of the web-enabled portal and our website, www.pensioglobal.com. You expressly understand and agree that we shall not be liable for any damage or loss relating to the collective  Services.

 

Dispute Resolution.

• Arbitration: Any disputes or claims between you and us will be settled through binding and confidential arbitration. If arbitration is required, it will take place at the AAA's office in Las Vegas, Nevada, unless otherwise agreed by all parties. You and we waive the right to arbitration on a class action basis or behalf of the general public.

• Notices: We may provide notices through our web-enabled portal and our website, www.pensioglobal.com, or via email or other contact information provided during registration.

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Force Majeure.

If circumstances beyond our control prevent us from fulfilling our obligations, the time for the Service's performance will be extended.

 

Access Interruptions.

We do not guarantee continuous access to our Services on our web-enabled portal and our website, www.pensioglobal.com. We may suspend access for various reasons, including system repairs, maintenance, and system interruptions due to third-party services. You agree that we are not liable for losses due to such interruptions.

 

General Terms.

These terms are governed by the laws of Nevada, without conflicts of law principles. These terms supersede all prior agreements between the parties. Waiving a breach of these terms does not waive future breaches. If a provision of these terms is deemed illegal or unenforceable, it shall be limited to the minimum extent necessary for the terms to remain in full force and effect.