Terms of Service

1. Scope & Parties

1.1 These Terms govern access to Reesure's software platform, APIs and services (the "Platform") by Property Managers (professional managers and landlords, whether acting as companies or individuals) and their authorised users.

1.2 Tenants are end users who pay rent via the Platform. Tenants do not contract with Reesure; they contract with the Property Manager. A short Tenant Terms section appears at §19 for transparency.

2. Relationship; Payments via Stripe

2.1 Reesure provides software only and acts as a technical service provider to Stripe Payments Europe Ltd. ("Stripe"). Reesure is not a licensed payment institution and does not hold client funds.

2.2 Each Property Manager onboards a Stripe Connect Custom account. Funds flow from Tenant to the Property Manager's Stripe balance, then to the Property Manager's bank.

2.3 The Platform supports ACH/SEPA Direct Debit and Pay-by-Link (variable amounts, including deposits and fees) over Stripe.

3. Accounts & Eligibility

3.1 Property Managers (companies or individuals) must provide valid company or identity information (e.g., KvK/VAT or natural-person details) and pass any Stripe KYC required before payouts.

3.2 Reesure may block collections/payouts if Stripe requests additional information that remains outstanding after 30 days.

4. Services

4.1 Features include: rent scheduling (weekly/monthly/quarterly), invoice generation, payment initiation (Auto-collection, Pay-by-Link), payment-recovery workflows, messaging (e-mail/SMS/WhatsApp via MessageBird), reporting & exports.

4.2 Roadmap items may include an AI-driven interface and stable-coin payouts. Such features may be offered later under additional terms and will always allow human override.

5. Fees & Taxes

5.1 Transaction fees are set in the separate Client Agreement. Unless stated otherwise, all fees are exclusive of VAT and any applicable taxes.

5.2 Reesure typically deducts its Platform fee per transaction through Stripe at every transaction. The Property Manager is responsible for any taxes on its own revenue.

6. Refunds, Returns & Negative Balances

6.1 Refunds/returns/chargebacks are handled by the Property Manager. Stripe debits the Property Manager's Stripe balance for any resulting amounts and network fees.

6.2 If a negative balance arises (e.g., due to refunds/returns), Reesure may invoice the Property Manager; payment is due within 7 days (electronic invoices permitted).

7. Availability, SLA & Carve-outs

7.1 Uptime target: 99% per calendar month for the application, excluding planned maintenance (<2h with prior notice).

7.2 Service credit: If monthly uptime falls below 97%, the Property Manager may request a 10% credit of the prior month's Platform fees within 30 days (credit cap 25% of that month's fees).

7.3 Carve-outs: Downtime or delays caused by Stripe, banks, card, payment networks or messaging services are excluded from uptime calculations and credits.

8. Support

Business-hours support: 09:00–17:00 CET, Mon–Fri (NL public holidays excluded). Targets are "best-effort"; no severity response times are guaranteed.

9. Security & Data Protection

9.1 Data is hosted on Microsoft Azure (EU regions). Encryption in transit and at rest, MFA for admin, role-based access, backups, and vulnerability management are in place.

9.2 A separate Privacy Policy applies. Sub-processors presently include Stripe, MessageBird, Azure, SendGrid and HubSpot. Reesure will notify Controllers 30 days before adding a new sub-processor.

10. Acceptable Use; API Keys

10.1 Do not use the Platform for illegal activity, sanctions-violations, or abusive messaging.

10.2 The Property Manager is responsible for safeguarding API keys and logins. Actions via its credentials are deemed authorised by the Property Manager.

11. Messaging, Templates & Channel Consent (Reesure-owned)

11.1 Templates & automation. Reesure authors and maintains the wording and translations of tenant e-mails/SMS/WhatsApp notices (including invoices, reminders, ACH/SEPA pre-notifications and receipts) and triggers them automatically according to the Property Manager's portfolio settings.

11.2 Sender/creditor of record. Messages are sent on behalf of the Property Manager, who remains the contractual counterparty and payment creditor to the Tenant. By creating a lease and enabling collection, the Property Manager instructs Reesure to send such messages automatically.

11.3 Consent. Tenants consent to electronic communications by confirming their e-mail address and/or phone in the tenant flow. The Property Manager warrants any further consents required by local law or telecom rules are in place. The Property Manager may disable its own administrative e-mails; tenant communications cannot be disabled while a lease is active.

11.4 Compliance effort; no legal advice. Reesure strives to keep templates aligned with common regulatory requirements (including SEPA pre-notification fields) and will promptly correct material issues once notified. Reesure does not provide legal advice.

11.5 No fines. Regulatory fines or penalties (including telecom or payment-scheme fines) are excluded from Reesure's liability, even within the general liability cap.

12. Confidentiality (mutual)

12.1 Each party may receive non-public information from the other (e.g., roadmaps, security architecture, pricing, tenant lists, custom mappings). The receiving party shall: (i) use it solely to perform under these Terms, (ii) protect it with reasonable care, and (iii) not disclose it to third parties except to need-to-know staff or professional advisers bound by confidentiality.

12.2 Exclusions: information already public, independently developed, rightfully received from a third party, or required by law to be disclosed.

12.3 Survival: 5 years from disclosure (trade secrets survive as long as legally protected).

13. Intellectual Property

13.1 Reesure owns all IP in the Platform. No reverse-engineering, decompiling, or benchmarking without prior written consent.

13.2 The Property Manager receives a non-exclusive, non-transferable right to use the Platform during the term.

13.3 Reesure may display the Property Manager's name/logo as a customer reference and publish anonymised metrics as case studies unless the Property Manager opts out in writing.

14. Third-Party Services

The Platform interoperates with third-party services (Stripe, banks, MessageBird, Azure, SendGrid, HubSpot). Reesure is not responsible for those services, but will use commercially reasonable efforts to assist during incidents and provide timely incident notices (within 2 hours) for material payment-network outages. Reesure may pause messaging or collections where it reasonably suspects unlawful use or upon regulator/PSP request.

15. Regulatory & Legal Compliance

15.1 Local law responsibility. The Property Manager is solely responsible for complying with all applicable laws where it operates, including landlord-tenant, consumer-protection, payments (SEPA/ACH), e-communications/telecom, rent control/indexation, deposits, invoicing/tax and data-protection laws.

15.2 Payments roles. The Property Manager is the payment creditor under SEPA/ACH and holds/uses any creditor identifiers. Reesure initiates collections as a technical service provider via Stripe.

15.3 Pre-notifications & mandates. Reesure will perform SEPA pre-notification sends in line with applicable law, the Property Manager's collection settings and scheme rules, and will maintain delivery logs as evidence. The Property Manager is responsible for ensuring its lease/tenant terms contain any wording or consent required by law.

15.4 Rent control & indexing. Reesure offers an optional rent-indexing feature. The Property Manager is solely responsible for lawful configuration and use (including caps, notice and timing) under local law and the lease. Reesure strives for compliance in the Platform but does not accept liability for the Property Manager's use.

15.5 Accounting & tax. Reesure is not an accounting or tax advisor. The Property Manager is responsible for VAT, invoicing, retention periods and filings; Reesure provides exports and APIs only.

15.6 Regulator requests. Reesure will reasonably cooperate with lawful regulator inquiries. Custom or extraordinary reporting requested by the Property Manager or a regulator will be charged on a time-and-materials basis.

15.7 Indemnity & fines. The Property Manager indemnifies Reesure against claims, losses and regulatory fines/penalties arising from the Property Manager's breach of law or scheme rules. Regulatory fines are excluded from Reesure's liability.

16. Warranties & Disclaimers

16.1 The Platform is provided "as is" and "as available". Reesure does not warrant uninterrupted or error-free operation.

16.2 Reesure does not provide legal, accounting, tax or debt-collection services; the Property Manager is solely responsible for compliance with housing and tenancy law.

17. Limitation of Liability

17.1 Cap: Each party's aggregate liability is limited to the greater of €50,000 or 12 months of Platform fees actually paid.

17.2 No indirect damages: Neither party is liable for indirect, consequential, punitive, or special damages, including loss of profits, revenue, data, or business interruption.

17.3 Nothing limits liability for fraud, wilful misconduct, or liability that cannot be excluded under applicable law.

18. Force-Majeure

No party is liable for delay or failure caused by events beyond reasonable control, including natural disasters (flood, earthquake), war, pandemic, energy crisis, cyber-attacks, strikes, government actions, and payment-network or internet outages.

19. Tenant Terms (for transparency)

19.1 Tenants pay through Stripe over Direct Debit or Pay-by-Link.

19.2 Reesure triggers notices, reminders and pre-notifications automatically according to the Property Manager's portfolio settings.

19.3 Consent to electronic delivery. By confirming their e-mail and/or phone in the tenant flow, Tenants consent to receive rent-related communications electronically for the duration of the lease.

19.4 Tenants seeking refunds must contact the Property Manager.

19.5 Any bank returns (storno) are handled via Stripe pursuant to scheme rules.

20. Term, Termination & Data Portability

20.1 Term: continues until terminated. Either party may terminate with 30 days' written notice; Reesure may suspend/terminate immediately for fraud, illegal use, security threats, failure to pass KYC, excessive chargebacks, or unpaid invoices regarding negative balances.

20.2 Data export: Upon termination Reesure will provide a CSV/JSON export of tenant/payment data within a reasonable period. Reesure may retain data as required for legal and accounting obligations (e.g., Dutch tax law/bookkeeping).

20.3 Wind-down assistance: available on request at €150/hour, subject to mutual agreement on scope.

21. Assignment; Change of Control; Order of Precedence

21.1 Reesure may assign these Terms to an affiliate or acquirer. The Property Manager may not assign without Reesure's consent (not to be unreasonably withheld).

21.2 Change of control of Reesure does not grant a termination right.

21.3 If a conflict exists, a signed Client Agreement prevails over these Terms.

22. Export Controls & Sanctions

The Property Manager must not use the Platform in violation of EU/US export controls or sanctions; Reesure may suspend access where sanctions risk is suspected.

23. Governing Law & Disputes

23.1 Law: Dutch law.

23.2 Escalation: good-faith negotiation → NAI mediation → exclusive jurisdiction of the courts of Amsterdam.

24. Entire Agreement; Amendments; Notices

24.1 These Terms, the Client Agreement, and incorporated policies constitute the entire agreement.

24.2 Reesure may amend these Terms with 30 days' notice unless changes are required by law or for security. Continued use after the effective date constitutes acceptance.

24.3 Notices may be delivered by e-mail to the contacts on file.