Apartments App — Terms of Service

1. Definitions

“California Listing” means a Listing for real property located in the State of California.

“Listing” means an online description of a rental unit or property posted by a Manager on the Platform.

“Manager” means a User that publishes one or more Listings (including landlords, owners, property managers, and their authorized agents).

“Renter” means a User that searches for, reserves, applies for, or leases a Listing.

“Lease Agreement” means the binding rental contract between a Manager and a Renter. Apartments App is not a party to any Lease Agreement.

“Short-Term Stay” means an occupancy of fewer than ninety (90) consecutive days (or such other threshold as local law defines for transient occupancy or short-term lodging). “Long-Term Lease” means any other occupancy arrangement.

“Stripe Connect Agreement” means the terms between you and Stripe, Inc. that govern payment processing; incorporated herein by reference.

“Payment Processor” means Stripe, Inc., or any successor or replacement we designate.

“Total Price” means the aggregate amount a Renter must pay for a booking (e.g., rent, required taxes, required government fees, and any service/platform fees, if any and permitted by law). For Short-Term Stays, the Total Price will be shown as required under the FTC’s Rule on Unfair or Deceptive Fees (16 C.F.R. Part 464). For other transactions, we may voluntarily display a Total Price for transparency. [FTC Rule applies to short-term lodging only.]

“Search Ranking Policy,” “Tenant-Screening Policy,” “Fee Schedule,” “Acceptable Use Policy,” “Nondiscrimination Policy,” “Privacy Policy,” and “Notice at Collection” are standalone, versioned documents incorporated by reference.

Capitalized terms not defined above are defined in context.

2. Our Role & Disclaimers

2.1 Technology Marketplace Only

The Platform enables Managers and Renters to discover one another, exchange messages, schedule tours, conduct background and income checks, execute Lease Agreements, and route payments through third-party processors. Apartments App does not set, edit, negotiate, or guarantee the economic or legal terms of Listings or Lease Agreements. We are not involved in in-person showings, property maintenance, or legal compliance of Listings.

2.2 Not a Broker, Agent, or Property Manager

APARTMENTS APP IS NOT A “REAL ESTATE BROKER,” “PROPERTY MANAGER,” “COLLECTING AGENT,” OR “HOUSING PROVIDER” UNDER CAL. BUS. & PROF. CODE § 10130 OR ANALOGOUS LAWS, AND DOES NOT PROVIDE LEGAL, REAL-ESTATE, HOUSING, OR TAX ADVICE. We do not: (a) show properties in person; (b) negotiate rent, deposits, or incentives; (c) hold trust or escrow accounts; or (d) manage property. Where state law would treat rent collection as a licensed activity, Managers authorize Stripe (and not Apartments App) to receive funds as their payment-collection agent.

2.3 No Warranty of Listings or Users

We do not own, control, inspect, endorse, or manage Listings or Users. We make no representations or warranties about a Listing’s quality, safety, legality, habitability, or availability, nor the conduct or background of any User.

2.4 Communications Decency Act

User Content is provided by Users, not Apartments App. To the fullest extent permitted by law, we are not responsible for any statements, representations, or content provided by Users (47 U.S.C. § 230).

3. Eligibility, Tenant-Screening & Account Registration

3.1 Eligibility

You must be at least eighteen (18) years old and able to form legally binding contracts.

3.2 Account Creation

You must register an account with accurate and current information and keep it updated. You are responsible for all activity under your credentials.

3.3 Verification & Screening (FCRA, State AI/Privacy Rules)

We may—directly or through vendors (e.g., Persona, Plaid, Stripe)—verify identities, income, and backgrounds. If we obtain a “consumer report” under the Fair Credit Reporting Act (FCRA), we will first obtain your stand-alone written consent, provide the Summary of Rights under the FCRA, and issue adverse-action notices as required (15 U.S.C. § 1681m). Our Tenant-Screening Policy explains how we handle screening, including any use of automated decision-making and your rights under applicable state privacy or AI laws (e.g., Colorado, Illinois, NYC) to opt out, receive explanations, or request human review, where applicable. [Colorado & other ADMT laws; FCRA.]

Failure to pass verification or screening may result in denial, suspension, or termination.

4. Renter Terms — Search, Booking & Lease Formation

4.1 Search, Ranking & Price Display

Renters can search Listings using filters (e.g., location, price, dates, amenities). Ranking factors are disclosed in our Search Ranking Policy. Paid promotions are labeled “Sponsored.” For Short-Term Stays, the price displayed in search results is the Total Price (as defined in §1), in compliance with the FTC’s Rule on Unfair or Deceptive Fees (16 C.F.R. Part 464). We may voluntarily display Total Price for Long-Term Leases for transparency. [FTC Junk-Fee Rule scope.]

4.2 Booking & Payment Authorization

By clicking “Book,” “Apply,” “Sign,” or similar, you agree to pay the Total Price (if applicable) and authorize the Payment Processor to charge your payment method. Apartments App and the Payment Processor act solely as the Manager’s limited payment-collection agents; receipt of funds by us or the Payment Processor is deemed receipt by the Manager.

4.3 Lease Agreement

Upon booking confirmation or execution, a binding Lease Agreement forms directly between the Renter and Manager. We may provide jurisdiction-specific riders (e.g., Prop 65, bedbug, flood, AB 1482 rent cap notice, lead-paint disclosures for pre-1978 units) as a convenience. Managers remain solely responsible for legal compliance.

4.4 Limited License to Occupy; Overstays

A booking confers a limited license to occupy the unit for the stated term. Overstays may result in additional fees, holdover rent, or legal remedies (including eviction) under applicable law.

4.5 Renter Responsibilities

You must (a) leave the unit in substantially the same condition; (b) pay for damage you or your guests cause; (c) comply with Lease terms, house rules, and law; and (d) not commit fraud or abuse the Platform. You assume all risks inherent in occupying any rental property.

5. Fees, Payments, Security Deposits & Taxes

5.1 Service Fees

(a) California Listings — No Fees. For California Listings, Apartments App charges no fee of any kind to any party and has no present or future expectation of compensation, including but not limited to platform/service fees, advertising sold to California Managers/Listing pages, referral fees, payment-processing fee markups, interest on deposits, or float. If we ever wish to change this, we will first comply with all applicable California licensing statutes and provide at least thirty (30) days’ advance notice and, where required, affirmative Manager consent. [Cal. Bus. & Prof. Code; PRLS concerns.]

(b) Outside California. For Listings outside California, Apartments App may charge Renters and/or Managers fees as disclosed in the Fee Schedule and included in the Total Price for Short-Term Stays. We may introduce new Manager-side fees with thirty (30) days’ prior notice (and affirmative Manager consent if required by law).

5.2 Payment Processing & Agency

All payments are processed via Stripe Connect. By using the Platform, Users appoint Apartments App and the Payment Processor as their express, limited payment-collection agents solely for receiving and settling amounts owed under Lease Agreements and these Terms.

5.3 Security Deposits

(a) California Listings. Managers must comply with AB 12 (Cal. Civ. Code § 1950.5, as amended): for leases entered on or after July 1, 2024, security deposits are generally capped at one (1) month’s rent, with limited exceptions for small, natural-person landlords. Our Platform will not facilitate deposits that exceed statutory caps. [AB 12 / § 1950.5.]

(b) Holding & Return. Security deposits, if collected, are held by Stripe in a sub-account titled in the Manager’s name (or as otherwise shown). Managers are solely responsible for interest, accounting, itemization, and lawful return of deposits. Apartments App holds no fiduciary duty and does not operate a trust account.

5.4 Occupancy & Other Taxes

(a) Marketplace collection mandates. Where required (e.g., for Short-Term Stays subject to local transient occupancy taxes), Apartments App or Stripe may collect and remit taxes.

(b) Manager responsibility. Elsewhere, Managers remain solely responsible for assessing, collecting, and remitting all applicable taxes (e.g., sales/use, VAT/GST, rent/occupancy taxes).

5.5 Tax Reporting

Where mandated (e.g., IRS Form 1099-K thresholds), we or Stripe may report payouts and withhold sums as required.

6. Manager Terms — Listings, Compliance & Insurance

6.1 Accuracy & Legal Compliance

Managers must ensure that Listings, pricing, concessions, and effective rent calculations are accurate and comply with all federal, state, and local laws (including Fair Housing Act and state/local fair-housing equivalents, rent caps, fee caps, security-deposit limits, habitability, disclosures, and anti-“junk fee” laws or rules).

6.2 Licenses & Permits

Managers represent and warrant they hold (and will maintain) all licenses, permits, and authorizations required to offer and lease their Listings (including any local short-term rental registration).

6.3 Fair Housing / Nondiscrimination

Managers agree to comply with our Nondiscrimination Policy and all applicable fair-housing and anti-discrimination laws. Disallowed targeting or exclusion criteria will be specified in the AUP/Nondiscrimination Policy.

6.4 Insurance

Managers must maintain appropriate insurance (e.g., general liability) naming Apartments App as an additional insured, as permitted by law, and provide proof upon request.

7. Acceptable Use & Nondiscrimination

Your conduct must comply with our Acceptable Use Policy and Nondiscrimination Policy. Without limitation, you may not:

• Violate fair-housing, anti-discrimination, or consumer-protection laws.

• Charge application fees that exceed statutory caps or actual screening costs (e.g., Cal. Civ. Code § 1950.6 caps, as adjusted annually). [Application fee caps.]

• Upload malware, scrape the Platform, or reverse engineer our software (except to the extent permitted by open-source licenses or applicable law).

• Misuse personal data or bypass our screening, verification, or safety controls.

• Engage in harassment, hate speech, or other prohibited conduct.

8. Reviews, User Content & DMCA

Users may submit content (e.g., reviews, photos, descriptions). By submitting User Content, you grant Apartments App a worldwide, non-exclusive, royalty-free, sub-licensable, and transferable license to use, reproduce, adapt, publish, and display the content in connection with the Platform. You represent you have the rights to grant this license.

DMCA. If you believe content infringes your copyrights, submit a notice to our DMCA Agent (see § 19). We may terminate accounts of repeat infringers per 17 U.S.C. § 512(i).

9. Cancellations, Modifications & Reservation Issues

Cancellations, modifications, and refunds are governed by (i) the Lease Agreement, (ii) the Listing’s stated policies, and (iii) any applicable law. Where conflicts exist, applicable law controls. Apartments App may (but is not obligated to) help mediate disputes.

10. Damage Claims, Insurance & Dispute Resolution Between Users

Managers may claim amounts from Renters for damage, extra cleaning, or rule violations under the Lease Agreement. Apartments App may (but is not obligated to) assist in facilitating resolution or charging a payment method on file, subject to applicable law and Lease terms. Users are encouraged to carry appropriate insurance.

11. Suspension, Termination & Remedies

We may suspend, limit, or terminate your access to the Platform, remove Listings, or withhold payouts if we reasonably believe you violated these Terms, our policies, or law, or to comply with legal obligations. We may also take any action described in our AUP or Tenant-Screening Policy.

12. Warranty Disclaimer

THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, OR ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We do not warrant that the Platform will be uninterrupted or error-free.

13. Limitation of Liability

To the maximum extent permitted by law, in no event will Apartments App be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, data, goodwill, or other intangible losses, even if advised of the possibility. Our aggregate liability for all claims arising out of or relating to these Terms or the Platform will not exceed the greater of: (a) the amounts you paid to us (excluding payments made to Managers) in the twelve (12) months preceding the event giving rise to the claim, or (b) $100. Some jurisdictions do not allow the exclusion of certain damages, so some limitations may not apply.

14. Indemnification

You agree to indemnify, defend, and hold harmless Apartments App and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your breach of these Terms or policies; (b) your User Content; (c) your interaction with any other User, stay at a Listing, or Lease Agreement; or (d) your violation of any law or third-party rights.

15. Governing Law, Arbitration, Class Action Waiver & Public Injunctive Relief

15.1 Governing Law

Except where prohibited by law, these Terms are governed by the laws of the State of Delaware, without regard to conflict-of-laws rules, except that California residents may invoke non-waivable rights under California law.

15.2 Binding Arbitration (Opt-Out Available)

You and Apartments App agree to resolve any disputes through final and binding individual arbitration, except as provided below. Within thirty (30) days of accepting these Terms, you may opt out of this arbitration agreement by following the instructions in § 15.6.

15.3 Small-Claims Carve-Out

Either party may bring an individual action in small-claims court in a jurisdiction that can properly hear the matter.

15.4 Procedure & Rules

Arbitration will be administered by the American Arbitration Association (AAA) or JAMS under their applicable consumer rules. The arbitrator may award the same damages and relief that a court could, including public injunctive relief where non-waivable. Apartments App will pay all filing, administration, and arbitrator fees for claims totaling $10,000 or less, unless the arbitrator finds your claims frivolous.

15.5 Class Action Waiver; Public Injunctive Relief

YOU AND APARTMENTS APP AGREE THAT CLAIMS MAY ONLY BE BROUGHT IN AN INDIVIDUAL CAPACITY AND NOT ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL BASIS. However, nothing in this agreement waives your right to seek public injunctive relief to the extent such waiver is prohibited by law (the McGill rule). [McGill.]

15.6 Opt-Out Instructions

To opt out of arbitration, you must email arbitration-optout@apartmentsapp.com within 30 days of the date you first accepted these Terms, stating your name, the email address associated with your account, and your clear intent to opt out.

15.7 Enforcement & Severability

If any part of § 15 is found unenforceable, the remainder will remain in effect (including the class-action waiver), except that if the class-action waiver is found unenforceable, the entirety of § 15 (except § 15.3) will be null and void, and disputes will be resolved in court.

16. Changes to These Terms

We may modify these Terms prospectively. We will provide at least thirty (30) days’ notice of material changes by email or in-product notice. Users already bound by a Lease Agreement will continue under the version in effect at the time the Lease was executed, unless a change is required by law or applies generally to Platform use apart from the Lease. Continued use of the Platform after notice constitutes acceptance.

17. Miscellaneous

These Terms, together with the incorporated policies, form the entire agreement between you and Apartments App. If any provision is held invalid, the remaining provisions will remain in full force. Our failure to enforce any right is not a waiver. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

18. Accessibility & Compliance Statements

We are committed to making the Platform accessible and will work toward conformance with WCAG 2.2 AA. If you encounter accessibility barriers, contact accessibility@apartmentsapp.com or dial (XXX) XXX-XXXX (TTY users may dial 711 to connect via relay). We will respond within a reasonable timeframe and provide accessible alternatives where feasible.