Terms and Conditions

Acceptance of Terms

Welcome to MTB Here, the exclusive resident application for The Millennium Tower Boston. These Terms and Conditions ("Terms") govern your access to and use of the MTB Here mobile application and related services (collectively, the "Services").

By creating an account, accessing, or using MTB Here, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use our Services. We reserve the right to modify these Terms at any time, and your continued use of the Services constitutes acceptance of any modifications.

Eligibility and Registration

Resident Verification

MTB Here is exclusively available to verified residents, authorized tenants, and approved guests of The Millennium Tower Boston located at 1 Franklin Street, Boston, MA 02110. To use our Services, you must:

• Be at least 18 years of age
• Be a current resident or authorized occupant of The Millennium Tower Boston
• Provide accurate and complete registration information
• Maintain current contact information and unit number
• Verify your residence status through our authentication process

Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify MTB Here of any unauthorized use of your account or any other security breach. We are not liable for any loss or damage arising from your failure to protect your account information.

Services Provided

MTB Here provides the following services to verified residents:

• Amenity booking and reservation management
• Building access control and digital key functionality
• Maintenance request submission and tracking
• Communication with property management and concierge services
• Visitor registration and management
• Building announcements and event notifications
• Payment processing for amenities and services
• Package and delivery notifications
• Community directory and resident networking
• Access to building information and resources

Amenity Booking Terms

Booking Policies

When booking amenities through MTB Here, you agree to comply with all building policies and the following terms:

• Bookings are subject to availability and may have maximum duration limits
• Residents must arrive within 15 minutes of their booking time or the reservation may be cancelled
• Some amenities may require advance notice (24-72 hours) for booking
• Residents may be limited to a certain number of bookings per month per amenity
• All bookings must be used by the account holder or their registered guests

Fees and Deposits

Certain amenities may require payment of fees or refundable security deposits. All fees must be paid at the time of booking unless otherwise specified. Deposits will be refunded within 7 business days if the amenity is left in good condition and building policies are followed.

Cancellations and No-Shows

Cancellations must be made at least 24 hours before the scheduled booking to receive a full refund. Late cancellations or no-shows may result in:

• Forfeiture of booking fees and deposits
• Temporary suspension of booking privileges
• Additional fees as specified in amenity-specific policies

Damages and Liability

You are responsible for any damage to amenities or building property that occurs during your booking period. You agree to immediately report any damage and accept financial responsibility for repairs or replacement costs. The Millennium Tower Boston and MTB Here reserve the right to charge your account for damage costs and may suspend access to amenities for violations.

Building Access and Security

Digital Key and Access Control

MTB Here provides digital key functionality for building access. By using this feature, you acknowledge that:

• Digital keys are personal and non-transferable
• You must not share your digital access credentials with unauthorized individuals
• Lost or stolen devices must be reported immediately to deactivate access
• The building may maintain access logs for security purposes
• Access privileges may be suspended or revoked at the building's discretion

Visitor Management

When registering visitors through MTB Here, you are responsible for your guests' conduct and compliance with building policies. Visitors must comply with all building security procedures and may be required to provide identification. You may be held liable for any violations or damages caused by your registered visitors.

Payments and Billing

MTB Here processes payments for amenity bookings, services, and fees. By providing payment information, you:

• Authorize MTB Here to charge your payment method for all applicable fees
• Represent that you are authorized to use the payment method provided
• Agree to pay all charges incurred under your account
• Acknowledge that all fees are in U.S. dollars unless otherwise specified

Payment disputes must be submitted within 30 days of the charge. Refunds, if applicable, will be processed to the original payment method within 10 business days.

User Conduct and Acceptable Use

You agree to use MTB Here only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Violate any local, state, national, or international law or regulation
• Impersonate another resident or provide false information
• Interfere with or disrupt the Services or servers/networks connected to the Services
• Attempt to gain unauthorized access to any portion of the Services
• Use the Services to harass, threaten, or harm other residents or building staff
• Upload or transmit viruses, malware, or any malicious code
• Collect or store personal data about other users without consent
• Use automated systems or software to extract data from the Services
• Resell, sublicense, or commercialize any aspect of the Services
• Post offensive, defamatory, or inappropriate content in community features

Intellectual Property Rights

The MTB Here application, including all content, features, functionality, software, designs, text, graphics, logos, and trademarks, is owned by MTB Here and The Millennium Tower Boston or our licensors and is protected by United States and international copyright, trademark, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable license to access and use MTB Here solely for your personal use as a resident of The Millennium Tower Boston. You may not reproduce, distribute, modify, create derivative works of, publicly display, or exploit any part of the Services without our express written permission.

Third-Party Services

MTB Here may integrate with or link to third-party services, including payment processors, delivery services, and other vendors. We are not responsible for the content, accuracy, or practices of any third-party services. Your interactions with third-party services are governed by their respective terms and privacy policies. We encourage you to review their policies before using such services.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MTB HERE, THE MILLENNIUM TOWER BOSTON, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or use
• Service interruptions, errors, or failures in the application
• Unauthorized access to or alteration of your transmissions or data
• Actions or conduct of any third party using the Services
• Damage resulting from reliance on information obtained through the Services

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not guarantee that the Services will be uninterrupted, secure, or error-free.

Indemnification

You agree to defend, indemnify, and hold harmless MTB Here, The Millennium Tower Boston, and their respective officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms or any applicable law or regulation
• Your use or misuse of the Services
• Your violation of any rights of another person or entity
• Any damage to building property or amenities during your use
• Actions of your registered visitors or guests

Termination and Suspension

We reserve the right to suspend or terminate your access to MTB Here at any time, with or without notice, for:

• Violation of these Terms or building policies
• Fraudulent, abusive, or illegal activity
• When you are no longer a resident of The Millennium Tower Boston
• Non-payment of fees or charges
• Request by property management or building ownership
• Extended period of inactivity

Upon termination, your right to use the Services will immediately cease. You may terminate your account at any time by contacting MTB Here support. Termination does not relieve you of any obligations incurred prior to termination.

Dispute Resolution and Governing Law

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in Suffolk County, Massachusetts.

Arbitration Agreement

Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration in Boston, Massachusetts, in accordance with the Commercial Arbitration Rules of the American Arbitration Association.

Class Action Waiver

You agree to bring any dispute in arbitration on an individual basis only, and not on a class, consolidated, or representative basis. There shall be no right or authority for any claims to be arbitrated or litigated on a class action, joint, or consolidated basis.

Changes to These Terms

We reserve the right to modify these Terms at any time. We will notify users of any material changes by posting the updated Terms in the app and updating the "Effective Date" at the top of this page. For significant changes, we may also send you an email notification or in-app alert. Your continued use of MTB Here after such modifications constitutes your acceptance of the updated Terms. If you do not agree to the modified Terms, you must stop using the Services.

Miscellaneous

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and MTB Here regarding the use of our Services and supersede all prior agreements and understandings.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Assignment

You may not assign or transfer these Terms or your account to any other person without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

Contact Information

If you have any questions about these Terms and Conditions, please contact us: