Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Xavier Platforms and XT Consulting Group, doing business as The Luxury Suite ("we," "us," or "our"). By accessing or using The Luxury Suite platform, including our iOS applications, web dashboards, and related services (collectively, the "Platform"), you agree to be bound by these Terms.

If you are using the Platform on behalf of a property management company or other organization, you represent that you have the authority to bind that organization to these Terms.

If you do not agree to these Terms, do not use the Platform.

2. Description of Services

The Luxury Suite is a multi-tenant, white-label software-as-a-service (SaaS) platform for apartment community management. The Platform provides:

• Native iOS applications for residents and property management staff
• A web-based property management dashboard
• A shared backend infrastructure with multi-tenant data isolation
• Property-specific branding, feature configuration, and data separation
• Integration with third-party services for payment processing, notifications, and file storage

Feature availability depends on the subscription plan selected by the property management company. Features not included in a property's plan are not accessible to users at that property.

3. User Types & Eligibility

The Platform serves three categories of users:

• Property Management Clients ("Clients") — companies or individuals who subscribe to the Platform to manage one or more apartment communities
• Staff Users — property managers, leasing agents, maintenance technicians, and other employees authorized by a Client to access the Platform
• Residents — tenants at properties managed through the Platform who use the resident-facing applications

You must be at least 18 years old to use the Platform. By creating an account, you represent that you meet this requirement.

4. Account Registration & Security

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to:

• Provide accurate and complete information during account creation
• Change your temporary password immediately upon first login when required
• Notify your property manager or our support team immediately if you suspect unauthorized access to your account
• Not share your login credentials with any other person
• Not attempt to access accounts, data, or features belonging to other users or properties

We reserve the right to suspend or terminate accounts that we reasonably believe have been compromised or are being used in violation of these Terms.

5. Client Subscription Terms

This section applies to property management companies subscribing to the Platform.

• Subscriptions are billed monthly at the rate corresponding to your selected plan tier (Starter, Professional, or Enterprise) and property size
• Subscriptions automatically renew each billing period unless cancelled with at least 30 days’ written notice before the renewal date
• Subscription rates are fixed during the current billing term. We may adjust rates at renewal with 30 days’ advance notice
• You may upgrade your plan at any time, with the new rate effective immediately. Downgrades take effect at the next billing cycle
• All fees are non-refundable except as required by applicable law
• If payment fails, we will attempt to notify you and provide a 10-day grace period before suspending access

6. Payment Processing

Rent payments and other financial transactions made through the Platform are processed by Stripe, a third-party payment processor. By making payments through the Platform:

• You agree to Stripe’s terms of service and privacy policy
• You acknowledge that we do not store full credit card numbers or bank account details — payment credentials are handled entirely by Stripe
• You understand that payment processing times are subject to Stripe’s processing schedule and your financial institution’s policies
• Auto-pay, when enabled, will process payments automatically on the schedule you configure. You can disable auto-pay at any time through the Platform
• We are not responsible for fees charged by your bank or financial institution in connection with payments made through the Platform
• Refunds, credits, and payment disputes are handled between you and your property management company

7. Smart Home & IoT Services

Properties with smart home features enabled may allow residents to control smart locks, thermostats, and leak sensors through the Platform. By using smart home features:

• You acknowledge that smart lock access events (lock, unlock, access code usage) are logged and visible to authorized property management staff for security purposes
• You understand that your property management company retains master access to smart home devices in your unit for emergencies, maintenance, and inspections
• Temporary access codes you create for guests or vendors are your responsibility — you should revoke codes that are no longer needed
• We are not responsible for smart home device malfunctions, connectivity issues, or loss of access due to device hardware failures
• Leak sensor alerts are provided as a convenience and do not replace your responsibility to report water damage or plumbing issues to your property manager

8. Community Features

The Platform may include community features such as a community board, marketplace, events, and lost & found. By using these features:

• You retain ownership of content you post (text, photos, listings) but grant us and your property management company a non-exclusive license to display, store, and moderate that content within the Platform
• You are solely responsible for content you post. Do not post content that is illegal, threatening, harassing, defamatory, or that violates any third party’s rights
• Your property management company may moderate, remove, or restrict community content at their discretion
• Marketplace transactions are between residents — we are not a party to any sale, trade, or exchange and assume no liability for marketplace transactions
• Community posts may be visible to other residents at your property. Your exact unit number is not displayed to other residents through community features
• We may remove content or restrict posting privileges for users who violate community guidelines

9. Maintenance Requests

The Platform allows residents to submit maintenance requests to their property management company. Maintenance requests are a communication tool — submitting a request through the Platform does not guarantee a specific response time or outcome. Response times, scheduling, and resolution are determined by your property management company, not by The Luxury Suite. For emergencies (gas leaks, flooding, fire), always call your property's emergency number or 911 directly.

10. Data Ownership

• Client data — Property management companies retain full ownership of their property data, resident records, financial records, and all other data entered into or generated through the Platform. Upon termination, Clients may request a data export within 30 days
• Resident data — Residents retain ownership of personal information they provide. Community content posted by residents may be deleted upon request or account deactivation
• Platform data — We retain the right to use aggregated, anonymized, de-identified data that does not identify any individual or property for purposes of improving the Platform and generating industry benchmarks
• We do not claim ownership of your data. We do not use your data to train artificial intelligence models. We do not sell your data to third parties

11. Intellectual Property

The Platform, including its design, code, features, branding assets (excluding Client-provided branding), documentation, and all related intellectual property, is owned by Xavier Platforms and XT Consulting Group. Your subscription or use of the Platform does not grant you any ownership interest in the Platform itself.

Client-provided branding (logos, colors, taglines) remains the property of the Client. We use Client branding solely to deliver the white-label experience within the Platform.

12. Prohibited Conduct

You agree not to:

• Attempt to access data belonging to other properties or users
• Reverse engineer, decompile, or disassemble any part of the Platform
• Use the Platform to transmit malware, spam, or any harmful content
• Circumvent or disable any security features of the Platform
• Use the Platform for any purpose that violates applicable law
• Resell, sublicense, or redistribute access to the Platform without our written consent
• Scrape, crawl, or use automated tools to extract data from the Platform
• Impersonate another user or misrepresent your identity or authority

13. Disclaimers

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WE DISCLAIM ALL WARRANTIES INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Platform will be uninterrupted, error-free, or completely secure. We do not guarantee the accuracy or completeness of any information provided through the Platform.

The Platform is a management tool — it does not replace your property management company's responsibilities under your lease agreement or applicable law. We are not a party to any lease agreement and do not guarantee the performance of any property management company using the Platform.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE LUXURY SUITE AND XAVIER PLATFORMS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE PLATFORM, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF REVENUE, OR PROPERTY DAMAGE.

For property management Clients, our total aggregate liability for all claims arising from or related to these Terms or the Platform shall not exceed the total fees paid by you to us in the 12 months preceding the claim.

For Residents, our total aggregate liability shall not exceed $500.

15. Indemnification

You agree to indemnify, defend, and hold harmless Xavier Platforms, XT Consulting Group, and their officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from your use of the Platform, violation of these Terms, or infringement of any third party's rights.

16. Termination

• Clients may cancel their subscription with 30 days’ written notice. Upon cancellation, access continues until the end of the current billing period
• We may suspend or terminate access to the Platform for violation of these Terms, non-payment, or conduct that threatens the security or integrity of the Platform
• Upon termination, Clients have 30 days to request a data export. After this period, Client data will be deleted in accordance with our data retention policy
• Resident accounts are managed by the property management company. Your access may be terminated when your lease ends, at the direction of your property manager, or if the property discontinues the Platform
• Sections of these Terms that by their nature should survive termination (including Disclaimers, Limitation of Liability, Indemnification, and Dispute Resolution) shall survive

17. Dispute Resolution

Any dispute arising from or relating to these Terms or the Platform shall be resolved through binding arbitration administered in accordance with the rules of the American Arbitration Association. Arbitration shall be conducted in Salt Lake County, Utah, unless otherwise agreed by the parties.

You agree to resolve disputes on an individual basis and waive your right to participate in a class action or class-wide arbitration. You may opt out of this arbitration provision by sending written notice to legal@luxurysuiteos.com within 30 days of creating your account.

Nothing in this section prevents either party from seeking injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm.

18. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Utah, without regard to its conflict of law principles.

19. Modifications

We may update these Terms from time to time. When we make material changes, we will update the effective date and notify affected users via email or through the Platform at least 30 days before the changes take effect. Your continued use of the Platform after the updated Terms take effect constitutes your acceptance.

For Client subscription terms, material changes to pricing or service scope will not apply until the next renewal period.

20. General Provisions

• If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect
• Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision
• These Terms constitute the entire agreement between you and The Luxury Suite regarding your use of the Platform, superseding any prior agreements
• You may not assign or transfer your rights under these Terms without our written consent. We may assign our rights without restriction
• Notices to us should be sent to legal@luxurysuiteos.com. Notices to you will be sent to the email address associated with your account

21. Contact Us

If you have questions about these Terms, contact us: