LoftyWorks SaaS Terms
Last updated 26 January 2024
Thank you for trusting LoftyWorks! These terms govern your use of LoftyWorks’ SaaS platform. Here is a map of what this agreement contains.
Orientation
1
Key aspects of our relationship, and its most important terms.
Promises
2
Our respective promises in relation to the use of the LoftyWorks Platform
Responsibilities
3
Rights and responsibilities in relation to use of the LoftyWorks Platform
Do’s and don’ts
4
Rules for using the LoftyWorks’ Platform, for you and your staff.
Other legal matters
5
Other matters not covered elsewhere in the agreement.
☟
Part 1 Orientation
These terms apply whenever you use LoftyWorks’ SaaS platform. They set out LoftyWorks’ commitments to you, and your commitments to LoftyWorks.
Who’s who This agreement The services
We are Rentancy Limited (LoftyWorks), a UK company number 12239915. LoftyWorks address is Barttelot Court, Barttelot Road, Horsham, RH12 1DQ.
This is a contract between LoftyWorks and you. There may be additional or different terms in your statement of work; the latter prevails.
The LoftyWorks Platform is a property management SaaS platform. You can use it to manage a property portfolio including: finance, property maintenance, property compliance, tenant / landlord communications, contract management and document management.
This document will refer to you (the person or company buying from LoftyWorks) as you.
LoftyWorks may update these terms if the law or its technology changes, and will tell you about the important ones at least 14 days in advance (unless a change is needed immediately for legal reasons).
LoftyWorks processes your personal data in accordance with this Data Processing Agreement and Privacy Notice.
To submit any formal notices, or if you need any help, email us at support@LoftyWorks.com.
By using LoftyWorks, you agree to these terms. They also apply to you if you are using LoftyWorks as an employee or contractor.
LoftyWorks may modify the platform to improve its security and functions. Updates will occur automatically.
TL;DR
A summary of the most important things you should know.
Accurate information. LoftyWorks’ service is dependent on you uploading accurate information about your accounts and systems onto the LoftyWorks Platform.
Intellectual property and data. You will own the intellectual property rights in any data that is specific to you and your business. LoftyWorks has the right to aggregate anonymised data and will use that to improve its platform and service.
Use LoftyWorks sensibly. Please follow the acceptable use rules. Don’t do anything silly or illegal. Respect other people’s rights. Don’t copy or disclose LoftyWorks’ intellectual property.
It’s a monthly relationship. When you subscribe to a plan, you pay monthly in advance based on your active units. You can unsubscribe at any time on 1 month’s notice.
We try hard to make LoftyWorks secure and keep your content safe. But LoftyWorks cannot guarantee against external threats like cyber attacks, or if you permanently delete your content.
LoftyWorks’ liability is capped, relative to the fees that you pay. A higher cap applies for really serious problems like data breaches.
＊ Definitions you’ll find used throughout..
Your data: the data relating to you account and your counterparties (tenants, landlords, agents as applicable) that you upload or insert onto the LoftyWorks Platform, or data that is generated by the LoftyWorks Platform that is specific to you and your business.
☟
Part 2 Our promises
This swimlane describes our respective promises in relation to your use of the LoftyWorks Platform.
Promises Exceptions
Delivery of the platform. LoftyWorks will make the LoftyWorks Platform available, together with any agreed customisations and data transfers (including any agreed data audits), as indicated in your Order Form. How this is organised and the timelines involved will be described there. ☞ Timelines for set-up, custom software development and audits are always target estimates, unless LoftyWorks has agreed to a fixed milestone or deadline.
Intellectual property rights. You will own the intellectual property rights in your data. LoftyWorks will own the intellectual property in: (a) the LoftyWorks Platform, (b) any improvements or customisations to the LoftyWorks Platform including custom features we develop for you, (c) any anonymised aggregated data generated by the LoftyWorks Platform, and (d) any data and metadata routinely generated by the LoftyWorks Platform as part of its normal operation other than your data.
Grant of licences. LoftyWorks grants you the right to access and use the LoftyWorks Platform in accordance with this agreement and any user instructions, for such time as you are a subscriber to the LoftyWorks Platform. This licence is non-transferable, which means it’s only for the named customer – the platform cannot be used by anyone else unless they are named users, and you are not permitted to pass on the licence to any third party. You grant to LoftyWorks the right to access, use, store, transmit, disclose, adapt and create derivative works from your data (on a royalty-free worldwide basis and beyond the duration of this agreement) for the following purposes and subject to the following limitations: (a) to enable your use of the LoftyWorks Platform and associated services; (b) to analyse, compile and use aggregate anonymised data; and (c) to improve the LoftyWorks Platform, in all cases subject to LoftyWorks’ confidentiality obligations with regard to your data.
IP warranties. LoftyWorks warrants that the LoftyWorks Platform, if used in accordance with this agreement, will not infringe the intellectual property rights of any third party.

You warrant that any content or materials you provide to LoftyWorks or upload on the LoftyWorks Platform. do not infringe the intellectual property rights of any third party.

A party that breaches the above warranty will indemnify the other against any resulting third party infringement claims.

 The warranty does not apply to the extent you (a) use the LoftyWorks Platform in an unauthorised way, or (b) combine the LoftyWorks Platform with your own or third party products, systems or processes, so that the resulting combination infringes the rights of a third party.
Platform availability LoftyWorks will do its best to make the platform available 24 hours a day, seven days a week, with an availability target of 99.9% outside of any periods of maintenance. LoftyWorks may be unavailable in the event (a) maintenance, development or remediation work requested by you; (b) network failures or other connectivity problems; (c) suspension to remedy a vulnerability or data breach; (c) denial or service attacks; (d) routine or scheduled maintenance and system updates. Unavailability may be without notice in the case of unexpected incidents.
Data back-up and loss. To ensure business continuity, LoftyWorks backs up data offsite, designed to restore your content and data to the previous hour. ☞ LoftyWorks does not back up data that is stored on an integration (such as Xero or Quickbooks), so may not be able to recover the data if the integrated service fails. LoftyWorks will not be liable for such data loss, as it will be a matter between you and the integration vendor.
Support availability. LoftyWorks will provide the following hours of technical and user support via support@LoftyWorks.com:

During Core Processing Hours (Monday to Friday 09:00 to 17:00 BST, excluding Bank Holidays).

Outside of Core Processing Hours: email cover only, 2 hour response time.

All times are GMT/BST
Defects. The LoftyWorks Platform will be free from material defects. Material defects are those which substantially limit the functionality of the platform over the course of your subscription or delete or corrupt your content or data. ☞ LoftyWorks does not warrant that the LoftyWorks Platform will be free of errors or bugs.

If you are using the LoftyWorks Platform during a trial, LoftyWorks will give you temporary access to the platform so you can test the system. In these cases the platform is provided “as is”; LoftyWorks has no availability, service or support obligations until you sign up to a subscription plan.
Critical errors. LoftyWorks will fix critical errors (errors which materially reduce critical functionality or impact a transaction) within 48 hours where it is technically feasible. LoftyWorks will provide an initial response to critical error notifications within 2 hours during Core Processing Hours and within 12 hours outside of Core Processing Hours. Errors which are not critical or not feasible for us to fix within that time will be included in scheduled or unscheduled maintenance depending on severity.
Other support. LoftyWorks will provide email-based support for non-critical technical problems and “how do I…?” queries at support@LoftyWorks.com. LoftyWorks will provide an initial response within 48 hours, and will endeavour to arrange follow-up where necessary within 72 hours. Training is available as a paid service based on LoftyWorks’ rate card. Outside of initial set-up and onboarding, the support that is available within your subscription plan is limited to critical errors, technical problems and typical use cases. Other support may be charged based on LoftyWorks’ rate card.
Harmful code. LoftyWorks will use up to date technologies to ensure that the LoftyWorks Platform is safe from cyber attacks, virus infection, spyware, malicious software, trojans and other harmful code. Access to and use of the LoftyWorks Platform is subject to risks inherent in information technology networks including harmful code. LoftyWorks does not warrant that the LoftyWorks Platform will never transmit harmful code. Except in the event of intentional misconduct, negligence or breach of this agreement, LoftyWorks will not be liable for any damage to your or you clients’ systems, data or property resulting from such risks.
Processing of personal data. LoftyWorks will process all personal data you provide in accordance with the Data Processing Agreement. ☞ When you provide personal data to LoftyWorks, you are responsible for making sure that you have the necessary rights (including consents where required) to do so. You warrant that by providing the data to LoftyWorks you are doing so lawfully and not infringing anyone’s privacy rights. You will indemnity LoftyWorks against any liabilities arising from your breach of this warranty.
☞ Liability cap
LoftyWorks’ liability under this agreement is capped at 100% of fees you have paid for use of the LoftyWorks Platform in the 12 months preceding the event giving rise to the claim.

If this liability cap cannot be applied for any reason, or if a court or regulatory body determines that LoftyWorks is liable for negligence, intentional misconduct, or breach of its legal obligations in respect of personal data (including in the event of a data breach), then the liability cap is instead 200%.
☟
Part 3 Responsibilities
This swimlane describes our respective rights and responsibilities in relation to your use of the LoftyWorks Platform.
LoftyWorks ⇦ ⇨ You
Duty of care Accuracy of data
LoftyWorks will process your data using the LoftyWorks Platform with skill and care, in accordance with any published specifications and service levels. ☞ You are responsible for ensuring that you upload and input complete and correct data onto the LoftyWorks Platform.

LoftyWorks is not responsible for any inaccurate or incomplete data or instructions you provide.
Onboarding details
You warrant that any onboarding/AML information you provide in the set-up process is (and remains) accurate, complete and not misleading.
Systems requirements
A high speed internet connection is required for using the LoftyWorks Platform. You are responsible for having the network connections, browser software and devices required to access the LoftyWorks Platform.
Fees Your rights if fees increase
LoftyWorks will charge the fees set out in your Order Form. Any other services which are not covered in the order form will be charge at LoftyWorks’ standard rate card.

Prices will automatically be adjusted for inflation based on the CPIH Index, on each anniversary of this agreement.

LoftyWorks may update its prices from time to time, and can apply the increases to this agreement after the initial term of 12 months on 30 days’ notice.

 In the event of a notified price update, you are free to terminate this agreement within the 30 day notice period if you do not wish to continue on the basis of the new prices.
Invoices Payment
LoftyWorks will invoice its fees in accordance with your subscription plan as indicated in your Order Form. All Fees indicated are exclusive of VAT.

LoftyWorks will invoice set-up fees (for development of customised features, data transfers, audits and other agreed set-up support) in advance.

 You will pay invoices within the payment terms stated in your Order Form. Invoices are payable in the currency stated in the Order Form and invoice.

Late payment on invoices over 30 days are subject to interest at the Bank of England Rate + 5% per month.
☟
Part 4 Do’s and Don’ts
Important acceptable use rules. Think of it as things you (and your users) should and shouldn’t do when using the LoftyWorks Platform. These rules continue to apply after our relationship ends.
Do’s ✔︎ Don’ts ❌
.
Provide complete and accurate account information when you sign up, and keep LoftyWorks informed of any changes. Give anyone access to the platform who is not an authorised user (other than sharing docs with collaborators).
Keep your username and password secret, and notify LoftyWorks immediately if you discover or suspect any unauthorised use of your account. Create more than one account per user. If you attempt to use another person’s login details we may suspend all your accounts.
Use the LoftyWorks in an appropriate way, for your own business use. LoftyWorks is for creating templates and contracts and other legal content, and collaborating on them with colleagues and business partners. (Re)sell or distribute LoftyWorks’ technology or content. Use or attempt to log in with someone else’s account, or access LoftyWorks files which have not been shared with you.
Respect LoftyWorks’ and other peoples’ rights (including privacy, confidential information and intellectual property). Do anything illegal, use LoftyWorks for unsolicited marketing, or upload anything that is unlawful, inappropriate or offensive.
Respect the effort LoftyWorks has put into its product and intellectual property. Use the LoftyWorks name and logo or any other LoftyWorks intellectual property other than as permitted. This includes copying, reverse engineering, disassembling or decompiling any part of the platform (such as LoftyWorks code, template designs, design patterns and workflow) and distributing or selling any derivative works.
Access LoftyWorks via a standard web browser or mobile app, nothing else. Circumvent any security features, or interfere with the normal working of LoftyWorks. Add any software or scripts into your LoftyWorks files.
☞ If you break these rules…
LoftyWorks has the right to suspend or terminate your access to the LoftyWorks platform immediately if you break any of these rules (in addition to any legal claim we may have against you).

LoftyWorks will not be liable to you for any losses you sustain as the result of breaking these rules or not using security and safety features that LoftyWorks makes available to you. You will be liable to LoftyWorks if a third party makes a legal claim against LoftyWorks because of your actions in violation of the above rules.
☟
Part 5 Other legal matters
Some other legal matters that we have not covered off already.
This agreement is governed by the law of England and Wales. Any disputes will be resolved in the courts of England and Wales (unless a different dispute resolution mechanism is given in your statement of work).
Your rights under this agreement are for you only. You are not permitted to assign your rights or obligations to anyone else (other than permitting your personnel to use the LoftyWorks Platform on your behalf). LoftyWorks has the right to subcontract parts of the Services to third party service providers or other entities in its group of companies, and to assign this agreement to other entities in its group.
LoftyWorks will not be liable to you for any indirect or consequential losses (including loss of business and loss of anticipated savings) or any punitive or exemplary damages, arising in connection with this agreement, even if they were foreseeable. Neither the preceding limitation nor any liability caps exclude or limit liability for: (a) death or personal injury resulting from negligence; (b) LoftyWorks’ fraud or fraudulent misrepresentation; and (c) intentional misconduct. LoftyWorks’ liability for lost or misplaced funds (including as the result of fraudulent actions by an employee) will be limited to the amount of the lost funds.
In relation to any indemnities under this agreement: (i) “liabilities” include losses, costs, penalties, attorney fees and third party claims; (ii) a party’s actions or omissions includes those of its personnel, agents, contractors and affiliate companies; (iii) an obligation to indemnify a party includes indemnifying its affiliate companies and personnel; and (iv) an indemnifying party will not be liable the extent that the liability results from the negligence or willful misconduct of the other party.
LoftyWorks will not be liable for any processing delay, failure, error or downtime of the LoftyWorks Platform as a result of circumstances beyond LoftyWorks’ reasonable control, including pandemics and associated quarantine restrictions.
A party can terminate this agreement early at any time immediately on notice, if the other party (a) commits a material breach and, where it can be remedied, fails to remedy it within a reasonable time; or (b) becomes insolvent or subject to any insolvency or bankruptcy procedure; or (c) ceases to carry on its business.
If you have a claim arising from this agreement or your use of the Services, you must notify LoftyWorks within 90 days of you becoming aware of the claim, and any formal legal claim must be made within 12 months of that. Any claims made outside of this period will not be treated as valid.
Once you terminate the contract or your subscription expires, you will no longer have access to the LoftyWorks Platform. You can download your data at any time prior to termination.
The LoftyWorks Platform incorporates certain third party software features through integrations. When using those features, there may be additional terms of use specific to those features. You can find the list of integrations at https://www.rentancy.com/integrations
Designed and automated with majoto.io

Please rotate your device