Updated August 31, 2016
Your use of the Tiny Doorman (“TDM”) services is subject to your acceptance of these Additional Terms of Service (“TDM Terms”), which amend the Airbnb Terms of Service (the “TOS”) and the Airbnb Payments Terms of Service (“Payments Terms”) and are effective as of the date when you download the TDM Mobile Application (“TDM App”), or otherwise use any of the functionality of the TDM services, software or technology (“TDM Services”).
All terms not defined here have the same meaning given to them in the TOS. If there is a conflict between the TOS and the TDM Terms, the TDM Terms controls with regard to your use of the TDM services.
Tiny Doorman Services
Tiny Doorman is a service provided by Samara, via our website located at www.tinydoorman.com and the TDM App, that enables authorized Users to pair the TDM Services with the third-party multi-tenant entry system (the “Third-Party Entry System”) in the multi-family housing building unit, apartment, or condominum where you reside (your “Building”) in order to allow you to control and monitor access to your Building.
You may only access and use the TDM Services (1) with a Third Party Entry System capable of receiving the TDM services as identified at tinydoorman.com/faq and (2) with the express permission and consent of the owner, landlord, or property manager of your Building (the “Building Manager”).
Registration/Passwords
To access the TDM Services, you must register for a user account on the TDM App. The information you provide in the account registration form must be accurate and complete. You agree to update your registration information as necessary, including your correct email address and your phone number.
You are responsible for maintaining the confidentiality of the login name and password you create. You agree to use strong passwords (e.g. that contain upper and lower case letters, numbers and symbols), and to maintain the confidentiality of your password. You are responsible for all uses of your account and login information, whether or not authorized by you. You must notify us of any unauthorized use of your account, login information or password by emailing us at [support@tinydoorman.com], and you agree to immediately change your password to prevent further unauthorized use. You grant us the right to use your registration information and any other information you provide in connection with the operation of the TDM Services.
Use of the Tiny Doorman Services
Subject to these TDM Terms, Samara grants you a limited, fully revocable, non-transferable, right to access and use the TDM Services (i) with the express permission and consent of your Building Manager, (ii) in connection with, and solely for the purpose of, controlling and monitoring the Third-Party Entry System that you have been authorized to access, and (ii) installing and using the TDM App on your own mobile device for the sole purpose set forth above. You agree to comply with all instructions, usage rules and documentation that we may provide from time to time with respect to the TDM Service.
The TDM Services are provided for your personal use only. You agree to use the TDM Services only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of the TDM Services, the Third-Party Entry-System, or your Building.
To the fullest extent allowed by law, Samara is not responsible for damage or liability caused by (i) use of the TDM Services for purposes other than for which the TDM Services are designed or intended, or in violation of these TDM Terms, (ii) damage to any Third-Party Entry System, and (iii) unauthorized access or misuse of the TDM Services by third parties, including guests. You assume all risk and liability associated with the misuse of the TDM Services, damage to any Third-Party Entry System as a result of your use or misuse of the TDM Services, or unauthorized access or misuse by your guests.
You agree that you will not:
Although we’re not obligated to monitor access to or use of the TDM Services or to review or edit any content you upload, we have the right to do so for the purpose of operating the TDM Services, to ensure compliance with these TDM Terms, or to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access the TDM Services or any content therein, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the TDM Services.
We reserve all rights in the TDM Services and Content not expressly granted to you by these TDM Terms.
Safety and Security
It is your responsibility to exercise discretion and observe all safety measures that you deem necessary or as may be required by law to prevent unauthorized access or misuse of any TDM Services, including TDM passwords, virtual key codes, or other TDM information, services, software, or technology. Samara is not liable to you or any other third party for any unauthorized access or misuse of the TDM Services.
Likewise, you are solely responsible for all text, data, audio and other material (collectively “Content”) that you upload, post, email, transmit or otherwise disseminate using, or in connection with, the TDM Services, or that you contribute in any manner to the TDM Services; you represent and warrant that you have all rights necessary to do so, in the manner in which you contribute that Content.
We strongly recommend that you do not use the TDM Services on a mobile device that has a “jailbroken” or “rooted” operating system as this can potentially allow other applications to circumvent security features on your mobile device. Any use of such mobile devices is at your own risk. You agree that Samara will not be liable for any loss of functionality and will indemnify us for all damage or liability caused by such use.
Please note, the TDM Services are not an emergency notification system, and should not be used in this way. Samara is not responsible for dispatching emergency authorities to your home in the event of an emergency.
Guests
The TDM Services allow you to create and share virtual key codes with your authorized guests in order for these guests to operate the Third-Party Entry System to enter your Building. You should only share virtual key codes to people you know and trust; by sharing virtual key codes with a guest, you are giving them the ability to access and operate the Third-Party Entry System in order to gain access to the Building where you and others live. You are responsible for assuring each Guest complies with the TDM Terms and, as set out above, you alone will be liable for any unauthorized access or misuse of the TDM Services and/or Third Party Entry System.
Guests should be aware that by using the virtual key code you share with them, you will see information about their use and access of the Third Party Entry System and the TDM Services, and that you may revoke or limit access rights in your discretion, without notice.
Updates
We may from time to time, update the TDM Services including, without limitation, by providing bug fixes, new functionality or modifications (collectively “Updates”), and that these may occur automatically without additional notice. You hereby consent to these Updates. If you do not, please stop using the TDM Services. We may also ask you to install Updates yourself, and you agree to do so promptly. Updates are subject to these Terms together with any additional terms that may be provided with such Update. By continuing to use the TDM Services, you agree to all such additional terms.
Service Interruptions and Third Party Entry Systems
The TDM Services may be subject to sporadic interruptions and failures for a variety of reasons beyond Samara’s control, including without limitation, your Wi-Fi and mobile network failures and coverage limitations, service provider uptime, and acts of god. Further, the TDM Services rely on or interoperate with a number of Third-Party Entry Systems. These systems and related services are beyond Samara’s control, but their operation may impact or be impacted by the use and reliability of the TDM Services. These third party products and services may not operate in a reliable manner all of the time, and they may impact the way that the TDM Services operate, and Samara is not responsible for damages and losses due to the operation of these third party products and services. You acknowledge these limitations and agree that Samara is not responsible for any damages allegedly caused by the failure or delay of the TDM Services.
You are responsible for all charges and fees required for third-party systems and services, and for compliance with all applicable agreements, terms of use/service, and other policies of your system and service providers (including internet service providers and mobile device carriers).
Samara does not manufacture, sell, or install the Third-Party Entry Systems required to utilize the TDM Services. All Third Party Entry System will be subject to the seller’s or manufacturer’s terms and conditions of sale, including, but not limited to return policy and warranty, if available. Samara is not responsible for any loss or damage to Third-Party Entry System, nor is Samara responsible for any impact to the warranties provided by the Third-Party Entry System’s manufacturer or seller caused by the use of the TDM Services.
Disclaimers
IF YOU CHOOSE TO USE THE TDM SERVICES, YOU DO SO AT YOUR SOLE RISK. THE TDM SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, SAMARA EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, TO THE FULLEST EXTENT PERMITTED BY LAW. SAMARA MAKES NO WARRANTY THAT DEFECTS TO THE TDM SERVICES WILL BE CORRECTED OR THAT THE TDM SERVICES: (I) WILL MEET YOUR REQUIREMENTS; (II) WILL BE COMPATIBLE WITH YOUR HOME NETWORK, COMPUTER OR MOBILE DEVICE; (III) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (IV) WILL BE ACCURATE OR RELIABLE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SAMARA OR THROUGH THE TDM SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
WHEN YOU INVITE GUESTS OR SERVICES PROVIDERS TO USE THE TDM SERVICES, YOU ASSUME ALL RESPONSIBILITY FOR THEIR USE, AND ANY DAMAGES THAT THEY MAY CAUSE TO YOU, SAMARA, AIRBNB, OR ANY THIRD PARTY. CHOOSE YOUR INVITED GUESTS AND SERVICE PROVIDERS CAREFULLY.
SAMARA IS NOT INVOLVED IN MANUFACTURING, INSTALLING, OR SELLING ANY THIRD-PARTY PRODUCT, SYSTEM, OR SERVICE USED IN CONNECTION WITH THE TDM SERVICES. SAMARA IS NOT NOR WILL BE A PARTY TO ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF SUCH PRODUCTS, SYSTEM OR SERVICES. SAMARA WILL NOT BE LIABLE FOR ANY DAMAGE ARISING OUT OF OR IN CONNECTION WITH SUCH PRODUCT, SYSTEM, OR SERVICE USED IN CONNECTION WITH THE TDM SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. LIKEWISE, SAMARA WILL NOT BE LIABLE FOR ANY IMPACT TO THE WARRANTIES OR RETURN POLICIES FOR SUCH PRODUCTS, SYSTEM OR SERVICES CAUSED BY YOUR USE OF THE TDM SERVICES. SAMARA IS NOT LIABLE FOR ANY SERVICE OR PRODUCT WARRANTIES NOT EXPRESSLY SET FORTH IN THESE TERMS.
Limitation of Liability
THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE TDM SERVICES REMAINS WITH YOU.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SAMARA WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES RELATED TO UNAUTHORIZED ACCESS TO THE BUILDING, YOUR PERSONAL OR REAL PROPERTY, INABILITY TO ACCESS YOUR PROPERTY OR YOUR BUILDING, LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER OR MOBILE DEVICE DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE TDM SERVICES WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SAMARA HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Indemnification
You agree to release, indemnify, and hold Samara and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your or your guests’ access to or use of the TDM Services, including without limitation your negligence or willful misconduct, your or your guests’ violation of these TDM Terms, or your breach of any law or the rights of a third party.
Severability
If any provision in these terms are held to be invalid, void, or unenforceable, such provision (or the part of it that is making it invalid, void or unenforceable) will be struck and not affect the validity of and enforceability of the remaining provisions.
Updating these Terms
We can update these terms at any time without prior notice. If we modify these terms, we will post the modification on the Samara website, applications, or services,which are effective upon posting. By continuing to access or use the TDM Services, you are indicating that you agree to be bound by the updated terms. If the modified terms are not acceptable to you, your only recourse is to stop using the TDM Services. Samara reserves the right to change or discontinue the TDM Services at any time.