Terms of Service

1 Acceptance of Terms

Welcome to My Rental Spot. These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and My Rental Spot Inc. ("My Rental Spot," "Company," "we," "us," or "our"), governing your access to and use of the My Rental Spot website, mobile applications, and all related services (collectively, the "Services").

By accessing or using our Services, creating an account, or clicking "I Agree" or similar acceptance mechanism, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

2 Eligibility

To use our Services, you must:

• Be at least eighteen (18) years of age or the age of legal majority in your jurisdiction, whichever is greater;
• Have the legal capacity to enter into a binding contract;
• Not be prohibited from using the Services under applicable laws;
• Not have been previously suspended or removed from our Services;
• If using the Services on behalf of an organization, have the authority to bind that organization to these Terms.

By using our Services, you represent and warrant that you meet all eligibility requirements. We reserve the right to verify your eligibility at any time and to suspend or terminate accounts that do not meet these requirements.

3 Account Registration

3.1 Account Creation

To access certain features of our Services, you must register for an account. When registering, you agree to:

• Provide accurate, current, and complete information;
• Maintain and promptly update your account information;
• Keep your password secure and confidential;
• Notify us immediately of any unauthorized access or security breach;
• Accept responsibility for all activities under your account.

3.2 Account Types

My Rental Spot offers different account types including, but not limited to:

• Property Manager/Landlord Accounts: For individuals or entities managing rental properties;
• Property Owner Accounts: For property owners who want visibility into their managed properties;
• Tenant/Renter Accounts: For individuals renting properties managed through our platform.

3.3 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials. My Rental Spot will not be liable for any loss or damage arising from your failure to protect your account information. We recommend using strong, unique passwords and enabling two-factor authentication when available.

4 Description of Services

My Rental Spot provides a property management software platform that enables landlords, property managers, and property owners to manage rental properties. Our Services may include, but are not limited to:

• Property listing and unit management;
• Tenant application processing and screening;
• Lease creation and management;
• Online rent collection and payment processing;
• Maintenance request tracking;
• Financial reporting and accounting tools;
• Communication tools between landlords and tenants;
• Document storage and management;
• Property owner portal and reporting;
• Mobile applications for iOS and Android.

4.1 Service Availability

We strive to maintain continuous availability of our Services but do not guarantee uninterrupted access. Services may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control. We reserve the right to modify, suspend, or discontinue any part of our Services at any time without prior notice.

4.2 Service Modifications

We continuously improve our Services and may add, modify, or remove features at our discretion. We will make reasonable efforts to notify users of significant changes that may affect their use of the Services.

5 Payments & Billing

5.1 Payment Processing

All payment processing on My Rental Spot is handled by Stripe, Inc. ("Stripe"), a third-party payment processor. By using our payment features, you also agree to Stripe's Terms of Service and Privacy Policy.

5.2 Rent Collection

When using our rent collection features:

• Transaction Fees: Fees may apply to certain payment methods (e.g., credit card processing fees). Fee structures are disclosed at the time of transaction;
• Processing Times: Bank transfers (ACH) typically take 3-5 business days. My Rental Spot is not responsible for delays caused by banks, payment processors, or other third parties;
• Failed Payments: If a payment fails due to insufficient funds, invalid account information, or other reasons, you may be charged a fee by the payment processor;
• Chargebacks & Disputes: My Rental Spot is not responsible for payment disputes between landlords and tenants. Chargebacks and disputes are handled according to Stripe's policies.

5.3 Platform Fees

While basic access to My Rental Spot is free, certain premium features or services may incur fees. Any applicable fees will be clearly disclosed before you incur them. We reserve the right to modify our fee structure with reasonable notice to users.

5.4 Taxes

You are solely responsible for determining and paying any applicable taxes related to your use of the Services and any transactions conducted through the platform. My Rental Spot does not provide tax advice.

5.5 Refunds

Refund policies for any paid services will be disclosed at the time of purchase. Generally, fees paid for services rendered are non-refundable unless otherwise stated or required by law.

5.6 Stripe Connected Accounts

Payments on My Rental Spot are processed by Stripe, Inc. ("Stripe"). To receive payments you must open a Stripe connected account through My Rental Spot and agree to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service. My Rental Spot is a software platform and is not a party to the rental agreement between a property manager or owner and a renter, is not a bank, and does not hold funds on your behalf.

5.7 Who Is the Merchant

When a renter pays you through My Rental Spot, the charge may be made either (a) on My Rental Spot's Stripe account and transferred to your connected account, or (b) directly on your connected account. In either case you are the party receiving payment. Where the charge is made directly on your connected account, you are the merchant of record for that payment: it settles to your account, and Stripe's processing fees, refunds, disputes (chargebacks), returned payments and any associated fees are charged to your connected account. My Rental Spot charges you a platform fee on each payment, shown in the fee schedule, which is deducted before the payment reaches you.

5.8 Refunds, Disputes and Returned Payments

If a payment you received is refunded, disputed, charged back or returned (including an ACH return coded as unauthorised), the amount, together with any fee Stripe charges for the dispute or return, is recovered from your Stripe balance. If your balance is insufficient, you authorise My Rental Spot and Stripe to debit the bank account linked to your connected account for the shortfall, and you agree to keep that account funded to cover it. My Rental Spot may hold a portion of your payouts in reserve for a period after each payment to cover such amounts; reserves are released to you automatically once the applicable dispute window has passed. My Rental Spot may also recover such amounts from future payouts.

5.9 Your Responsibilities as a Recipient

You are responsible for the accuracy of the amounts you bill, for responding to disputes within the time Stripe allows (My Rental Spot will forward notices to the email on your account), for complying with the Stripe Connected Account Agreement and applicable law (including Nacha rules for ACH debits you initiate through the platform), and for maintaining a valid, funded payout bank account.

5.10 Renter Authorisations

When a renter authorises a bank debit through My Rental Spot, that authorisation is given to Stripe on behalf of the recipient of the payment and applies to the recipient as the party being paid. My Rental Spot records the time, IP address and wording of each authorisation and will make that record available to you in connection with a dispute.

5.11 Verification, Account Standing and Routing

Stripe and My Rental Spot may require identity, business and bank-account verification before you can receive payouts, and may restrict, hold or suspend payments or payouts where Stripe or My Rental Spot reasonably believe an account presents a risk of loss, fraud or non-compliance. My Rental Spot may change the way a payment is routed (platform charge or direct charge) at any time; your obligations for refunds, disputes and returned payments are the same in either case.

6 Tenant Screening Services

6.1 Third-Party Screening Provider

Tenant screening services, including background checks and eviction history reports, are provided through CIC (Contemporary Information Corp.) and/or other third-party consumer reporting agencies. By using these services, you agree to comply with all applicable laws and the terms of use of these third-party providers.

6.2 Fair Credit Reporting Act (FCRA) Compliance

If you use tenant screening services, you represent, warrant, and agree that you will:

• Use screening reports solely for the purpose of evaluating rental applications;
• Comply with all requirements of the Fair Credit Reporting Act (FCRA), Fair Housing Act, and all other applicable federal, state, and local laws;
• Provide required disclosures and obtain necessary consents from applicants;
• Follow adverse action procedures if you deny an application based on screening results;
• Not discriminate against applicants based on protected characteristics;
• Properly dispose of consumer reports and related information.

6.3 Screening Fees

Tenant screening reports may incur fees, which will be disclosed before purchase. Fees are generally non-refundable once a report has been generated.

6.4 No Guarantee of Accuracy

While we partner with reputable screening providers, My Rental Spot does not guarantee the accuracy, completeness, or timeliness of screening reports. You should independently verify important information before making rental decisions.

7 Lease Templates & Legal Documents

7.1 No Attorney-Client Relationship

By using our lease templates, forms, or any other legal documents ("Legal Templates"), you acknowledge and agree that:

• My Rental Spot is not a law firm and does not provide legal services or legal advice;
• No attorney-client relationship is created between you and My Rental Spot;
• Our Legal Templates are provided as general informational resources only;
• We do not represent or warrant that any Legal Template is suitable for your specific situation, jurisdiction, or legal needs.

7.2 Templates Not Regularly Updated

IMPORTANT: Our Legal Templates, including state-specific lease agreements, are NOT regularly updated to reflect the latest changes in federal, state, or local laws and regulations. Landlord-tenant laws change frequently, and our templates may not reflect:

• Recent legislative changes or new statutes;
• Recent court decisions that may affect lease enforceability;
• New local ordinances, rent control laws, or tenant protection measures;
• Changes to required disclosures, notice periods, or security deposit rules;
• COVID-19 related regulations or emergency orders;
• Fair housing updates or accessibility requirements;
• Any other legal developments that may affect your lease or rental practices.

7.3 Consult Your Own Attorney

YOU ARE STRONGLY ADVISED TO CONSULT WITH A LICENSED ATTORNEY IN YOUR JURISDICTION BEFORE USING ANY LEGAL TEMPLATE. An attorney can:

• Review and customize templates to comply with current local, state, and federal laws;
• Advise you on jurisdiction-specific requirements and disclosures;
• Ensure your lease properly protects your interests;
• Identify provisions that may be unenforceable in your jurisdiction;
• Add provisions specific to your property or situation;
• Help you understand your rights and obligations as a landlord.

7.4 No Warranty of Enforceability

My Rental Spot makes NO WARRANTY OR REPRESENTATION that:

• Any Legal Template is legally valid, enforceable, or binding;
• Any Legal Template complies with the laws of your jurisdiction;
• Any Legal Template is complete or contains all necessary provisions;
• Any Legal Template is appropriate for your specific rental property or situation;
• Using any Legal Template will protect you from legal liability or disputes.

7.5 Assumption of Risk

By using any Legal Template provided by My Rental Spot, you expressly acknowledge and agree that:

• You assume all risk associated with the use of any Legal Template;
• You are solely responsible for reviewing, customizing, and ensuring the legal adequacy of any document;
• You will not hold My Rental Spot liable for any losses, damages, claims, or legal consequences arising from your use of any Legal Template;
• You release and discharge My Rental Spot from any and all claims related to the Legal Templates.

7.6 Indemnification for Legal Templates

You agree to indemnify, defend, and hold harmless My Rental Spot from any claims, damages, losses, or expenses (including attorneys' fees) arising from or related to:

• Your use of any Legal Template;
• Any lease agreement or legal document you create, whether or not based on our templates;
• Any dispute with a tenant, property owner, or third party related to a lease or legal document;
• Any claim that a Legal Template was defective, incomplete, or non-compliant with applicable law;
• Your failure to consult with an attorney or legal professional.

7.7 State-Specific Disclaimers

While we may offer templates labeled for specific states, these state-specific templates:

• May not include all state-required disclosures or addenda;
• May not reflect recent changes to state landlord-tenant laws;
• May not comply with local ordinances that vary by city or county;
• Should still be reviewed by a local attorney familiar with your jurisdiction.

Certain jurisdictions have complex and frequently changing landlord-tenant regulations (including but not limited to California, New York, New Jersey, Oregon, Washington, and various major cities). If you operate in these jurisdictions, consulting with local legal counsel is especially important.

8 User Content

8.1 Your Content

"User Content" includes any information, data, text, photos, documents, or other materials you upload, submit, or transmit through our Services. You retain ownership of your User Content, but grant us the following license:

8.2 License Grant

By submitting User Content, you grant My Rental Spot a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, display, and distribute your User Content solely for the purpose of operating, providing, and improving our Services.

8.3 Content Responsibilities

You represent and warrant that:

• You own or have the necessary rights to your User Content;
• Your User Content does not violate any third-party rights;
• Your User Content is accurate and not misleading;
• Your User Content complies with all applicable laws and these Terms.

8.4 Content Removal

We reserve the right to remove any User Content that violates these Terms or that we find objectionable, without prior notice. We are not obligated to store or maintain your User Content and recommend you keep backup copies of important documents.

9 Prohibited Uses

You agree not to use our Services to:

• Violate any applicable laws, regulations, or third-party rights;
• Engage in fraudulent, deceptive, or misleading practices;
• Discriminate against any person based on race, color, religion, national origin, sex, familial status, disability, or any other protected characteristic;
• Upload malicious code, viruses, or harmful content;
• Attempt to gain unauthorized access to our systems or other users' accounts;
• Interfere with or disrupt our Services or servers;
• Scrape, harvest, or collect data from our Services without permission;
• Use our Services for any illegal purpose, including money laundering;
• Impersonate any person or entity;
• Send spam, unsolicited communications, or harass other users;
• Circumvent any security measures or access restrictions;
• Resell or commercially exploit our Services without authorization;
• Use tenant screening reports for purposes other than evaluating rental applications.

Violation of these prohibitions may result in immediate termination of your account and may be reported to appropriate authorities.

10 Third-Party Services & Integrations

10.1 Third-Party Services

Our Services integrate with or link to third-party services, including but not limited to:

• Stripe: Payment processing
• CIC: Tenant screening (background and eviction)
• SURE Insurance: Renters insurance
• Steadily Insurance: Landlord insurance

10.2 Third-Party Terms

Your use of third-party services is governed by their respective terms and privacy policies. My Rental Spot is not responsible for the availability, accuracy, content, or practices of third-party services. Any transactions or interactions with third parties are solely between you and the third party.

10.3 Insurance Disclaimer

My Rental Spot is not an insurance company, broker, or agent. Insurance products offered through our platform are provided by third-party insurers. We do not provide insurance advice or guarantee coverage. You should carefully review all insurance policies and consult with licensed insurance professionals for advice.

10.4 Links to External Sites

Our Services may contain links to external websites. We do not control or endorse these sites and are not responsible for their content or privacy practices.

11 Intellectual Property

11.1 My Rental Spot Property

All content, features, and functionality of our Services, including but not limited to text, graphics, logos, icons, images, software, and the overall "look and feel," are owned by My Rental Spot Inc. or its licensors and are protected by United States and international copyright, trademark, patent, and other intellectual property laws.

11.2 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for their intended purpose. This license does not include the right to:

• Modify, copy, or create derivative works;
• Reverse engineer or decompile any software;
• Remove any copyright or proprietary notices;
• Use our trademarks without written permission.

11.3 Feedback

If you provide feedback, suggestions, or ideas about our Services, you grant us the right to use such feedback without restriction or compensation to you.

12 Disclaimers

12.1 "As Is" and "As Available"

OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, MY RENTAL SPOT DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
• WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE;
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT.

12.2 No Professional Advice

My Rental Spot does not provide legal, tax, financial, or insurance advice. Any information provided through our Services is for informational purposes only and should not be relied upon as professional advice. You should consult qualified professionals for advice specific to your situation.

12.3 No Guarantee of Results

We do not guarantee any specific results from using our Services, including but not limited to finding tenants, collecting rent, avoiding legal disputes, or achieving any particular financial outcomes.

12.4 Landlord-Tenant Relationships

My Rental Spot is a software platform only. We are not a party to any lease agreement, landlord-tenant relationship, or property management arrangement. We are not responsible for disputes between landlords and tenants, property conditions, or compliance with landlord-tenant laws.

13 Limitation of Liability

13.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MY RENTAL SPOT, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, OR LICENSORS BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES;
• LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES;
• COST OF SUBSTITUTE SERVICES;
• DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO YOUR ACCOUNT;
• DAMAGES ARISING FROM THIRD-PARTY SERVICES OR CONTENT.

13.2 Liability Cap

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICES EXCEED THE GREATER OF: (A) ONE HUNDRED DOLLARS ($100.00); OR (B) THE TOTAL AMOUNT YOU PAID TO MY RENTAL SPOT IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

13.3 Essential Purpose

THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF MY RENTAL SPOT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

14 Indemnification

You agree to indemnify, defend, and hold harmless My Rental Spot Inc., its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your use of our Services;
• Your violation of these Terms;
• Your violation of any applicable laws or regulations;
• Your violation of any third-party rights;
• Your User Content;
• Your interactions with tenants, property owners, or other users;
• Your use of tenant screening reports;
• Any claims by tenants, property owners, or third parties related to properties you manage through our platform;
• Your failure to comply with applicable landlord-tenant laws, fair housing laws, or other regulations.

We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense.

15 Termination

15.1 Termination by You

You may terminate your account at any time by contacting us or using the account deletion feature in your settings. Termination does not relieve you of any obligations incurred prior to termination.

15.2 Termination by Us

We reserve the right to suspend or terminate your account and access to our Services at any time, with or without cause, and with or without notice, including but not limited to situations where:

• You violate these Terms;
• We suspect fraudulent, abusive, or illegal activity;
• Your account poses a security risk;
• We are required to do so by law;
• We discontinue the Services.

15.3 Effect of Termination

Upon termination:

• Your right to use the Services immediately ceases;
• We may delete your account and User Content;
• Sections of these Terms that by their nature should survive termination shall survive (including but not limited to: Disclaimers, Limitation of Liability, Indemnification, Arbitration, and Governing Law).

15.4 Data Export

We recommend exporting any important data before terminating your account. We are not obligated to retain your data after termination, though we may retain certain information as required by law or for legitimate business purposes.

16 Arbitration Agreement & Class Action Waiver

16.1 Agreement to Arbitrate

You and My Rental Spot Inc. agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Services (collectively, "Disputes") will be resolved exclusively through final and binding arbitration, rather than in court, except that:

• You may assert claims in small claims court if they qualify;
• Either party may seek injunctive relief in court for intellectual property infringement.

16.2 Arbitration Rules

Arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration will be conducted in English, and judgment on the award may be entered in any court of competent jurisdiction. The arbitrator's decision will be final and binding.

16.3 Class Action Waiver

YOU AND MY RENTAL SPOT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

16.4 Arbitration Fees

If you initiate arbitration, your arbitration fees will be limited to the filing fee set by AAA. We will pay any additional arbitration fees required by AAA rules. Each party will bear its own attorneys' fees unless the arbitrator determines otherwise.

16.5 Opt-Out

You may opt out of this arbitration agreement by sending written notice to [email protected] within thirty (30) days of first accepting these Terms. Your notice must include your name, address, email, and a clear statement that you wish to opt out. If you opt out, you may pursue claims in court.

16.6 Severability

If any part of this arbitration agreement is found unenforceable, the remainder will continue to apply. If the class action waiver is found unenforceable, the entire arbitration agreement will be void.

17 Governing Law & Jurisdiction

These Terms and any Disputes shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law principles.

For any claims not subject to arbitration, you agree to submit to the exclusive personal jurisdiction of the state and federal courts located in Contra Costa County, California, and waive any objection based on inconvenient forum.

18 Changes to Terms

We reserve the right to modify these Terms at any time. When we make changes, we will:

• Update the "Last Updated" date at the top of these Terms;
• Post the revised Terms on our website;
• For material changes, provide notice through email or prominent notice in our Services.

Your continued use of the Services after changes become effective constitutes your acceptance of the revised Terms. If you do not agree to the changes, you must stop using the Services and terminate your account.

We encourage you to periodically review these Terms for any updates.

19 Contact Information

If you have any questions, concerns, or feedback about these Terms or our Services, please contact us:

• Company: My Rental Spot Inc.
• Email: [email protected]
• Website: www.myrentalspot.com
• Location: Orinda, California, USA

For general support inquiries, please contact [email protected] or visit our Help Center.