QuietCasa

Please read these Terms and Conditions carefully before using Our Service.

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

• Application means the software program provided by the Company downloaded by You on any electronic device, named QuietCasa.
• Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) in which the Application has been downloaded.
• Affiliate means an entity that controls, is controlled by, or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for election of directors or other managing authority.
• Content means any text, images, audio, video, location data, or other materials that You post, upload, or otherwise make available through the Service, including but not limited to Neighborhood Feed posts, comments, and profile information.
• Country refers to: United States of America.
• Company (referred to as either "the Company," "We," "Us," or "Our" in this Agreement) refers to Will Braun, P.O. Box 330333, Miami, FL 33233.
• Device means any device that can access the Service such as a computer, a cellphone, or a digital tablet.
• Neighborhood Feed means the community-driven feature of the Application that allows users to post, comment on, and interact with neighborhood-related content.
• QuietCasa+ means the premium subscription tier of the Service, available as a monthly or annual recurring subscription.
• Service refers to the Application.
• Subscription means the recurring paid plan (monthly or annual) that grants access to premium features of the Application.
• Terms and Conditions (also referred to as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
• Third-party Social Media Service means any services or content (including data, information, products, or services) provided by a third party that may be displayed, included, or made available by the Service.
• Tranquility Score means the proprietary numerical rating generated by the Application based on analysis of traffic patterns, road proximity, and other environmental factors.
• You means the individual accessing or using the Service, or the company or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users, and others who access or use the Service. By accessing or using the Service, You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, then You may not access the Service.

You represent that You are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your personal information when You use the Application and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Account Registration and Security

To use certain features of the Service, including but not limited to the Neighborhood Feed, saving properties, and accessing premium features, You will be required to create an account using a valid email address and password, or through third-party authentication providers (such as Google Sign-In or Apple Sign-In).

You are solely responsible for safeguarding the credentials that You use to access the Service and for any activities or actions under Your account. You agree to notify Us immediately of any unauthorized use of Your account. The Company cannot and will not be held liable for any loss, damage, or unauthorized access to Your account or data arising from Your failure to secure Your login credentials or from unauthorized third-party access to Your account.

You agree to provide accurate, current, and complete information during registration and to update such information as necessary. The Company reserves the right to suspend or terminate accounts that contain false or misleading information.

Subscriptions and Billing

The Application offers a free tier with limited functionality and a premium subscription tier (QuietCasa+) with enhanced features.

Free Tier Limitations. The free tier is subject to usage limits, including but not limited to: a limited number of address searches per week, a limited number of saved properties, a limited number of hearted listings, and a limited number of Neighborhood Feed interactions (posts, likes, and comments) per week. These limits are subject to change at the Company's sole discretion without prior notice.

QuietCasa+ Subscription. QuietCasa+ is available as a monthly or annual auto-renewable subscription. By subscribing, You authorize the Company to charge the applicable subscription fee to Your Apple ID account on a recurring basis.

Pricing. Subscription pricing is displayed within the Application at the time of purchase. Prices may vary by region and are subject to change. Any price changes will take effect at the start of Your next billing cycle following reasonable notice.

Auto-Renewal. Your Subscription will automatically renew at the end of each billing period unless You cancel at least 24 hours before the end of the current period. Your Apple ID account will be charged for renewal within 24 hours prior to the end of the current period at the then-current subscription rate.

Cancellation. You may cancel Your Subscription at any time through Your Apple ID account settings. Cancellation takes effect at the end of the current billing period. No refunds or credits will be issued for partial billing periods.

Refunds. All subscription purchases are processed through the Apple App Store. Refund requests must be directed to Apple in accordance with their refund policies. The Company does not process refunds directly.

Free Trial. If a free trial is offered, You may be charged the subscription fee at the end of the trial period unless You cancel before the trial expires. Unused portions of a free trial will be forfeited upon purchasing a subscription.

Noise, Tranquility, and Environmental Data Disclaimer

The Service provides noise analysis, Tranquility Scores, traffic pattern data, crime statistics, and other environmental assessments for residential addresses and neighborhoods. You expressly acknowledge and agree that:

1. No Guarantee of Accuracy. The Tranquility Scores, noise measurements, traffic data, crime statistics, quiet zone rankings, and all other environmental data provided by the Service are estimates generated from third-party data sources and proprietary algorithms. They are not guaranteed to be accurate, complete, current, or reliable. Actual conditions at any given location may differ materially from the data presented.
2. Not Professional Advice. The information provided by the Service does not constitute professional real estate advice, environmental assessment, appraisal, home inspection, or any other professional evaluation. The Service should not be used as the sole basis for making real estate purchasing, renting, or relocation decisions.
3. Data Variability. Noise levels, traffic patterns, crime rates, and neighborhood conditions are inherently variable and change over time due to construction, zoning changes, seasonal variations, new developments, and other factors beyond the Company's control.
4. Third-Party Data. The Service relies on data from third-party providers, public records, and external APIs. The Company makes no representations or warranties regarding the accuracy, timeliness, or completeness of any third-party data.
5. No Liability. The Company shall not be held liable for any financial loss, property damage, personal injury, emotional distress, or any other harm resulting directly or indirectly from Your use of, or reliance upon, the noise data, Tranquility Scores, crime statistics, quiet zone rankings, or any other information provided by the Service, including but not limited to decisions to purchase, rent, or relocate to a property.

User-Generated Content and the Neighborhood Feed

The Service includes a Neighborhood Feed feature that allows users to post content, comment, upvote, and interact with other users' content.

Content Ownership and License. You retain ownership of the Content You post to the Neighborhood Feed. However, by posting Content through the Service, You grant the Company a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, display, modify, and create derivative works from Your Content in connection with operating, promoting, and improving the Service.

Content Standards. You agree that Your Content will not:

• Be unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable;
• Infringe upon any patent, trademark, trade secret, copyright, or other intellectual property right of any party;
• Contain personal or identifying information about another individual without their consent;
• Constitute spam, unsolicited advertising, or promotional material;
• Contain false, misleading, or fraudulent information;
• Violate any applicable local, state, national, or international law or regulation.

Content Moderation. The Company reserves the right, but not the obligation, to monitor, review, edit, or remove any Content posted to the Neighborhood Feed at its sole discretion and without notice. The Company may use automated filtering, user reporting mechanisms, and manual review to enforce content standards.

Content Responsibility. The Company does not endorse, verify, or guarantee the accuracy of any Content posted by users. You acknowledge that You may be exposed to Content that is inaccurate, offensive, or otherwise objectionable, and You agree to waive any legal or equitable rights or remedies You may have against the Company with respect thereto.

Account Termination for Violations. The Company may suspend or permanently terminate the account of any user who repeatedly or egregiously violates these Content Standards, without prior notice and without refund of any subscription fees.

Cloud Storage and Data Security

The Service stores user data, including but not limited to account information, saved addresses, saved listings, Neighborhood Feed posts and comments, profile information, and usage data on external servers operated by third-party cloud service providers (including but not limited to Google Firebase/Firestore).

While We strive to use commercially acceptable means to protect Your personal data, including encryption in transit and at rest, We cannot guarantee its absolute security. By using the Service, You acknowledge and agree that the Company shall not be responsible or liable for any data breaches, hacks, server failures, or unauthorized access to external servers that result in the exposure, loss, theft, or corruption of Your data.

Data Collection and Usage

By creating an account and utilizing the Service, You acknowledge and agree that the Company collects and processes data as described in Our Privacy Policy, including but not limited to:

• Account information (name, email address, profile icon);
• Location data (home address coordinates, searched addresses);
• Usage data (search history, saved properties, interaction patterns);
• Device information and analytics data;
• Neighborhood Feed content and interactions.

The Company may use anonymized and aggregated data derived from Your use of the Service for analytics, product improvement, research, and business purposes. For full details on data handling, please refer to Our Privacy Policy.

Intellectual Property

The Service, including but not limited to its original content (excluding user-generated Content), features, functionality, Tranquility Score algorithms, design, branding, and underlying software, is and shall remain the exclusive property of the Company and its licensors. The Service is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Service, nor may You reverse-engineer or attempt to extract the source code of the Application, unless applicable laws prohibit these restrictions or You have Our written consent.

"QuietCasa," "QuietCasa+," "Tranquility Score," "QuietPockets," and associated logos and branding are trademarks of the Company. You may not use these marks without the prior written consent of the Company.

Prohibited Uses

In addition to other prohibitions set forth in these Terms, You agree not to use the Service to:

• Scrape, harvest, or collect data from the Service through automated means (bots, crawlers, spiders, or similar technologies);
• Circumvent, disable, or otherwise interfere with usage limits, authentication systems, or security-related features of the Service;
• Create multiple accounts to circumvent free-tier usage limits;
• Use the Service for any commercial purpose not expressly permitted by the Company, including reselling noise data or Tranquility Scores;
• Impersonate another person or entity or misrepresent Your affiliation with a person or entity;
• Interfere with or disrupt the integrity or performance of the Service;
• Attempt to gain unauthorized access to any portion of the Service, other accounts, computer systems, or networks connected to the Service.

Links to Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services. We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions, violate Community Content Standards, engage in Prohibited Uses, or create multiple accounts to circumvent usage limits.

Upon termination: (a) Your right to use the Service will cease immediately; (b) any active Subscription will not be refunded for the remaining billing period; (c) Your user-generated Content may be retained or deleted at the Company's sole discretion; (d) saved addresses, saved listings, and other account data may be permanently deleted.

You may delete Your account at any time through the Application's settings. Account deletion is permanent and cannot be reversed.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service during the twelve (12) months preceding the event giving rise to the claim, or 100 USD, whichever is greater.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy, for reliance on noise or environmental data in making real estate or relocation decisions, arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

Indemnification

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney's fees) arising from: (a) Your use of and access to the Service; (b) Your violation of any term of these Terms; (c) Your violation of any third-party right, including any intellectual property or privacy right; (d) any Content You post or share through the Service; or (e) any claim that Your Content caused damage to a third party.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage, or trade practice.

Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards, or be error-free, or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the Company's providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any Tranquility Scores, noise data, traffic analysis, crime statistics, environmental assessments, or other information or content provided through the Service; or (iv) that the Service, its servers, the content, or emails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs, or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case, the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company. If the dispute is not resolved within thirty (30) days of informal contact, either party may pursue formal resolution as set forth below.

Arbitration Agreement

Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, that cannot be resolved informally shall be settled by binding arbitration administered in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Miami-Dade County, Florida. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. You agree that any arbitration shall be conducted on an individual basis and not as a class, consolidated, or representative action.

Class Action Waiver. You agree to waive any right to participate in a class action lawsuit or class-wide arbitration against the Company.

For European Union (EU) Users

If You are a European Union consumer, You will benefit from any mandatory provisions of the law of the country in which You are resident.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between You and the Company regarding the use of the Service and supersede all prior and contemporaneous written or oral agreements, communications, and proposals between You and the Company.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect, such as through an in-app notification or email to the address associated with Your account. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Application and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us by email: info@braunsoftware.io.