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Terms of Service

Last updated: April 9, 2026

1. Acceptance of Terms & Eligibility

By accessing or using Tierna ("Service"), you agree to be bound by these Terms of Service ("Terms") and our Privacy Policy, which is incorporated herein by reference. If you do not agree, do not use the Service.

These Terms constitute a legally binding agreement between you and ATP Consulting LLC, a New Hampshire limited liability company doing business as Tierna ("Company", "we", "us", "our"). Tierna is a product of ATP Consulting LLC.

You must be at least 18 years of age and have the legal capacity to enter into a binding contract to use the Service. By using the Service, you represent and warrant that you meet these requirements. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

2. Description of Service

Tierna is a subscription-based, cloud-hosted property management platform enabling landlords, property managers, tenants, vendors, and property owners to manage rentals, payments, maintenance, documents, communications, and related operations. The Service includes but is not limited to:

  • Property and unit management
  • Tenant and lease management
  • Rent collection and ACH payment processing
  • Subscription billing and credit card payment processing
  • Maintenance request tracking
  • Document management and electronic signing
  • Financial reporting and analytics
  • Tenant screening and background checks
  • Rent credit reporting
  • SMS and email notifications
  • AI-assisted features (document OCR, categorization, triage)

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with reasonable notice for material changes. We do not guarantee any specific uptime or availability, though we use commercially reasonable efforts to maintain reliable access.

3. User Accounts

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must provide accurate, current, and complete information during registration and promptly update it if it changes. You may not:

  • Share your credentials with others or allow unauthorized access to your account
  • Create multiple accounts for the same person or entity
  • Use another person's account without authorization

You must notify us immediately at support@tierna.org if you suspect unauthorized access to your account. We are not liable for any loss arising from unauthorized use of your account where you have failed to maintain the security of your credentials.

4. Payment Processing & ACH Authorization

Payment processing is handled by third-party providers. By using payment features, you also agree to their respective terms of service:

ACH Authorization: By initiating an ACH payment through the Service, you authorize ATP Consulting LLC (operating as Tierna) and its payment processor (Dwolla) to debit or credit your linked bank account for the specified amount. You acknowledge that ACH transactions are governed by the rules of the National Automated Clearing House Association (NACHA) and the Electronic Fund Transfer Act (Regulation E, 12 C.F.R. Part 1005). You have the right to dispute unauthorized or erroneous transactions within 60 days of the transaction date by contacting us at support@tierna.org. We will investigate disputes in accordance with Regulation E and provide provisional credit where required.

Auto-Pay: If you enroll in automatic payments, you authorize recurring debits from your linked bank account on the schedule you select. You may cancel auto-pay at any time through your portal settings, effective for the next billing cycle. This authorization remains in effect until you cancel it or we terminate the Service.

Credit Card Payments: Subscription fees may be paid by credit or debit card via Stripe. Card data is transmitted directly to Stripe and is never stored on our servers. All card transactions are subject to Stripe's terms and applicable card network rules.

5. Subscription & Billing Terms

Organization owners ("Subscribers") are billed a recurring subscription fee for use of the Service. By subscribing, you agree to the following:

  • Trial Period: New subscriptions may include a free trial period as specified at the time of account creation. No charges are made during the trial. At the end of the trial, your subscription will automatically convert to an active paid subscription at the applicable plan rate unless cancelled before the trial ends.
  • Automatic Renewal: Subscriptions automatically renew at the end of each billing cycle at the then-current rate unless cancelled prior to renewal. You will be charged on the renewal date unless you cancel.
  • Billing Cycle: Subscriptions are billed monthly. Payment may be made via ACH transfer from your linked bank account or credit card through Stripe. Subscription payments are processed by ATP Consulting LLC.
  • Price Changes: We may change subscription pricing with at least 30 days' notice via email. Continued use of the Service after the price change takes effect constitutes acceptance of the new pricing. If you do not agree, you may cancel before the change takes effect.
  • Failed Payments: If a payment fails, your subscription will be marked as past due. We will attempt to collect the outstanding amount. If payment is not received within 15 days, we may suspend access to the Service until the balance is resolved.
  • Cancellation: You may cancel your subscription at any time by contacting support@tierna.org. Cancellation takes effect at the end of the current billing period. You will retain access to the Service until the end of your paid period.
  • Refunds: Subscription fees are non-refundable except as required by applicable law or at the sole discretion of the Company. No pro-rated refunds are provided for partial billing periods.

6. Electronic Signatures (E-Sign Consent)

The Service may offer electronic signature capabilities for lease agreements and other documents. By using these features, you consent to the following under the Electronic Signatures in Global and National Commerce Act (ESIGN Act, 15 U.S.C. § 7001) and the Uniform Electronic Transactions Act (UETA):

  • You consent to conduct transactions and receive records electronically.
  • You acknowledge that an electronic signature has the same legal effect as a handwritten signature.
  • You have the right to withdraw your consent to electronic signatures at any time by contacting support@tierna.org. Withdrawal of consent may limit your ability to use certain features of the Service.
  • You have the right to receive a paper copy of any electronically signed document upon request.
  • To access and retain electronic records, you need a device with internet access, a current web browser, and the ability to download or print documents.

7. Tenant Screening & Background Checks

The Service may offer tenant screening through TransUnion SmartMove. By using this feature:

  • Property managers represent and warrant that they have a permissible purpose under the Fair Credit Reporting Act (FCRA, 15 U.S.C. § 1681 et seq.) to obtain consumer reports.
  • Property managers agree to provide applicants with required pre-adverse and adverse action notices as required by FCRA § 615, including the name and contact information of the consumer reporting agency.
  • Applicants must provide written consent before a screening report is ordered.
  • Screening results are provided for informational purposes only. The Company does not make rental decisions on your behalf, does not guarantee the accuracy or completeness of screening reports, and is not a consumer reporting agency under the FCRA.

8. Rent Credit Reporting

The Service may offer rent payment reporting to credit bureaus through Esusu. By enrolling in credit reporting:

  • Tenants consent to having their rent payment history reported to one or more credit bureaus.
  • Both on-time and late payments may be reported, which could positively or negatively affect your credit score.
  • The Company does not guarantee the accuracy or timeliness of credit bureau reporting by third-party providers.
  • Tenants may unenroll at any time through their portal settings or by contacting their property manager. Unenrollment will stop future reporting but will not remove previously reported data.

9. Fair Housing Compliance

All users of the Service must comply with applicable fair housing laws, including the Federal Fair Housing Act (42 U.S.C. § 3601 et seq.), state fair housing laws, and local anti-discrimination ordinances. The Service must not be used to discriminate against any person based on race, color, national origin, religion, sex, familial status, disability, or any other protected class under applicable law.

Property managers are solely responsible for ensuring their rental practices comply with all applicable fair housing laws. The Service is a tool and does not provide legal advice regarding compliance.

10. SMS Communications

By providing your phone number and enabling SMS notifications, you consent to receive transactional text messages from Tierna related to rent reminders, payment confirmations, late notices, maintenance updates, and lease notifications. These are transactional messages, not marketing communications. Message frequency varies based on your account activity. Message and data rates may apply. You may opt out of SMS communications at any time through your settings or by replying STOP to any message. Opting out of SMS will not affect your ability to use the Service, but you may miss time-sensitive notifications.

11. Intellectual Property

The Service, including all software, designs, text, graphics, logos, and other content provided by the Company, is the exclusive property of ATP Consulting LLC and is protected by copyright, trademark, and other intellectual property laws. "Tierna" is a trademark of ATP Consulting LLC. You may not copy, modify, distribute, sell, lease, or create derivative works based on the Service or its content without our prior written consent.

You retain all ownership rights to the data and content you upload to the Service ("User Content"). By uploading User Content, you grant us a limited, non-exclusive, royalty-free license to use, process, store, and display your User Content solely as necessary to provide and improve the Service. This license terminates when you delete your User Content or close your account, except as required for legal compliance or backup retention.

12. Data Usage

Your data is collected, processed, and stored in accordance with our Privacy Policy. By using the Service, you acknowledge and consent to the data practices described therein. We use your data solely to provide, maintain, and improve the Service and to comply with legal obligations.

13. Prohibited Conduct

You agree not to:

  • Use the Service for any unlawful purpose or in violation of any applicable law or regulation
  • Use the Service in violation of fair housing laws or anti-discrimination regulations
  • Submit false, misleading, or fraudulent information
  • Attempt to gain unauthorized access to the Service, other accounts, or our systems
  • Interfere with or disrupt the Service or its infrastructure
  • Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service
  • Scrape, crawl, or use automated means to extract data from the Service
  • Resell, sublicense, or redistribute access to the Service without our prior written consent
  • Upload malicious code, viruses, or any harmful content
  • Use the Service to send unsolicited communications (spam) to tenants or other users
  • Circumvent any security measures, rate limits, or access controls

Violation of these restrictions may result in immediate suspension or termination of your account.

14. Suspension & Termination

We may suspend or terminate your access to the Service, in whole or in part, at any time and for any reason, including but not limited to:

  • Violation of these Terms or applicable law
  • Non-payment of subscription fees after a reasonable cure period
  • Conduct that we reasonably believe may expose us or other users to liability
  • Extended period of account inactivity (12 months or more)

We will use reasonable efforts to provide notice before termination except where immediate action is necessary to protect the Service or its users. Upon termination, your right to use the Service ceases immediately. You may request export of your data within 30 days of termination; after that period, we may delete your data in accordance with our Privacy Policy.

You may terminate your account at any time by contacting support@tierna.org. Termination does not relieve you of any obligations incurred prior to termination, including outstanding payment obligations.

15. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ATP CONSULTING LLC DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, error-free, or secure, that defects will be corrected, or that the Service or its servers are free of viruses or other harmful components. We do not warrant the accuracy, reliability, or completeness of any content, data, or information provided through the Service, including financial reports, AI-generated insights, and screening results.

Third-party services integrated with the platform (including Dwolla, Plaid, Stripe, DocuSign, TransUnion, Esusu, and Twilio) are provided by their respective operators under their own terms and warranties. We are not responsible for the availability, accuracy, or performance of any third-party service.

16. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ATP Consulting LLC and its officers, directors, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, arising from or related to:

  • Your use of or inability to use the Service
  • Any unauthorized access to or alteration of your data
  • Any third-party conduct on the Service
  • Errors, delays, or failures in payment processing
  • Inaccuracies in financial reports, screening results, or AI-generated content
  • Any other matter relating to the Service

Our total aggregate liability for all claims arising under or related to these Terms shall not exceed the greater of (a) the total fees you paid to us in the 12 months preceding the claim or (b) one hundred dollars ($100).

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

17. Indemnification

You agree to indemnify, defend, and hold harmless ATP Consulting LLC and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

  • Your use of the Service or violation of these Terms
  • Your violation of any applicable law or regulation, including fair housing laws
  • Your User Content or data submitted through the Service
  • Any dispute between you and a tenant, vendor, property owner, or other third party
  • Your use of tenant screening data in violation of the FCRA

18. Force Majeure

Neither party shall be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, pandemics, government actions, power failures, internet or telecommunications outages, or third-party service provider failures. If a force majeure event continues for more than 30 days, either party may terminate the affected services upon written notice.

19. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of New Hampshire, without regard to its conflict of law principles.

Informal Resolution: Before initiating any formal dispute resolution, you agree to contact us at support@tierna.org and attempt to resolve the dispute informally for at least 30 days.

Arbitration: If the dispute cannot be resolved informally, it shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted in the State of New Hampshire. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Class Action Waiver: YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You waive any right to a jury trial and to participate in a class action lawsuit or class-wide arbitration.

Small Claims Exception: Notwithstanding the above, either party may bring an individual action in small claims court for disputes within that court's jurisdictional limits.

20. Changes to Terms

We may modify these Terms at any time. For material changes, we will provide at least 30 days' notice via email to your registered email address or through a prominent notice within the Service before the changes take effect. Non-material changes (such as clarifications or formatting) may take effect immediately upon posting.

Your continued use of the Service after the effective date of any changes constitutes acceptance of the modified Terms. If you do not agree with the changes, you must stop using the Service and may cancel your subscription before the changes take effect.

21. General Provisions

  • Entire Agreement: These Terms, together with the Privacy Policy and any additional terms referenced herein, constitute the entire agreement between you and ATP Consulting LLC regarding the Service and supersede all prior agreements and understandings.
  • Severability: If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible and the remaining provisions shall remain in full force and effect.
  • Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by us.
  • Assignment: You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction, including in connection with a merger, acquisition, or sale of assets. Any purported assignment in violation of this section is void.
  • Notices: We may provide notices to you via email to the address associated with your account, in-app notification, or by posting on the Service. You may provide notices to us at support@tierna.org.
  • No Third-Party Beneficiaries: These Terms do not create any third-party beneficiary rights, except that our payment processors and integration partners may enforce the terms related to their services.
  • Survival: The following sections survive any termination or expiration of these Terms: Intellectual Property (§11), Disclaimer of Warranties (§15), Limitation of Liability (§16), Indemnification (§17), Governing Law & Dispute Resolution (§19), and this General Provisions section (§21).
  • Relationship of Parties: The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and ATP Consulting LLC.

22. Contact

For questions about these Terms, contact us at:

ATP Consulting LLC (d/b/a Tierna)
Email: support@tierna.org
Website: tierna.org