Terms of Service
Last updated: January 22, 2025
IMPORTANT: Please read these terms carefully before using RentSettle. By creating an account or using our services, you agree to be bound by these terms.
1. Service Description
RentSettle ("we," "us," or "the Platform") provides property management software tools that enable property managers and landlords ("Users," "you") to automate tenant communications regarding rent payments. Our services include:
- AI-powered voice calling systems
- Automated SMS messaging
- Legal notice generation and mailing coordination
- Payment tracking and reporting dashboards
- Communication logging and compliance documentation
RentSettle is a technology platform. We are NOT a debt collection agency, law firm, or legal service provider. All communications sent through our platform are sent on YOUR behalf as the property manager or landlord.
2. User Eligibility and Representations
By using RentSettle, you represent and warrant that:
- You are a property manager, landlord, or authorized representative with legal authority to communicate with tenants regarding rent payments
- You have valid, legally enforceable lease agreements with the tenants you add to our platform
- All tenant information you provide is accurate and you have the legal right to use it
- You have obtained any necessary consents required by applicable law to contact tenants via phone and SMS
- You are at least 18 years old and have the legal capacity to enter into this agreement
- You will use the service only for lawful purposes related to legitimate rent collection
3. Your Responsibilities
You are solely responsible for:
- Data Accuracy: Ensuring all tenant information, balances, and lease terms you input are accurate and current
- Legal Compliance: Complying with all federal, state, and local laws applicable to landlord-tenant communications in your jurisdiction, including but not limited to the Telephone Consumer Protection Act (TCPA), state-specific landlord-tenant laws, and local ordinances
- Consent: Obtaining and maintaining appropriate consent from tenants for automated communications where required by law
- Template Review: Reviewing and approving all legal notices before they are sent
- Tenant Disputes: Handling any disputes, complaints, or legal claims from your tenants
- Account Security: Maintaining the confidentiality of your account credentials
4. AI-Powered Communications
Our platform uses artificial intelligence to conduct phone calls and generate messages. You acknowledge and agree that:
- AI systems may occasionally produce unexpected or imperfect outputs
- You are responsible for reviewing AI-generated content (such as legal notices) before approval
- Phone calls made through the platform will identify themselves as calling on behalf of your company
- Call recordings are made for quality assurance and compliance purposes
- You authorize us to make calls and send messages to your tenants using your company name
5. Fees and Payment
Pricing and payment terms will be communicated to you during onboarding or as separately agreed. Fees are subject to change with 30 days notice. Fees are non-refundable except as required by law.
6. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE
- WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE
- WARRANTIES REGARDING THE ACCURACY OR RELIABILITY OF AI-GENERATED CONTENT
- WARRANTIES THAT THE SERVICE WILL RESULT IN SUCCESSFUL RENT COLLECTION
WE DO NOT GUARANTEE THAT TENANTS WILL PAY RENT OR RESPOND TO COMMUNICATIONS. COLLECTION OUTCOMES DEPEND ON MANY FACTORS OUTSIDE OUR CONTROL.
7. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- RENTSETTLE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, OR LOST DATA
- OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM YOUR USE OF THE SERVICE SHALL NOT EXCEED THE FEES YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM
- WE ARE NOT LIABLE FOR ANY ACTIONS TAKEN BY YOUR TENANTS, INCLUDING LEGAL CLAIMS THEY MAY BRING AGAINST YOU
- WE ARE NOT LIABLE FOR FAILURES OR DELAYS CAUSED BY THIRD-PARTY SERVICES (PHONE CARRIERS, MAIL SERVICES, ETC.)
8. Indemnification
You agree to indemnify, defend, and hold harmless RentSettle and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from:
- Your use of the service
- Your violation of these terms
- Your violation of any applicable law or regulation
- Any claims by your tenants related to communications sent through our platform
- Inaccurate information you provided to the platform
- Your failure to obtain required consents
9. Dispute Resolution and Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
Any dispute, claim, or controversy arising from these terms or your use of the service shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, except that you may bring claims in small claims court if eligible.
CLASS ACTION WAIVER: You agree that any arbitration or court proceeding shall be conducted only on an individual basis and not as a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration.
This agreement to arbitrate shall survive termination of your account and these terms.
10. Governing Law
These terms shall be governed by the laws of the State of Delaware, without regard to conflict of law principles. Any litigation not subject to arbitration shall be brought exclusively in the state or federal courts located in Delaware.
11. Termination
Either party may terminate this agreement at any time. Upon termination:
- Your access to the platform will be revoked
- Outstanding fees remain due and payable
- We will retain communication records as required by law (typically 7 years)
- Sections 6, 7, 8, 9, and 10 shall survive termination
12. Modifications
We may modify these terms at any time. Material changes will be communicated via email at least 30 days before taking effect. Your continued use of the service after changes become effective constitutes acceptance of the modified terms.
13. Severability
If any provision of these terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.
14. Contact
For questions about these terms, contact us at: legal@rentsettle.com
RentSettle, Inc.
Attention: Legal Department