Effective Date: August, 2024
These Terms and Conditions (“Terms”) govern your use of the LeaseConfirm™ website and web application (collectively, the “Platform”), which are provided by LeaseConfirm™ Inc. (“LeaseConfirm™”, “we”, “us”, or “our”). By accessing or using our Platform, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use our Platform.
LeaseConfirm™ reserves the right to update or modify these Terms at any time without prior notice. Your continued use of the Platform following any changes will be deemed acceptance of the revised Terms.
1.1 General Conduct
Your use of the Platform is subject to all applicable laws and regulations. You agree not to:
LeaseConfirm™ does not pre-screen user content; however, we reserve the right, at our sole discretion, to remove any content that violates these Terms or is otherwise harmful, misleading, or objectionable. Continued violations may result in suspension or termination of your access to the Platform.
1.2 User Content and License
If you create a profile, list properties, or otherwise submit content (“User Content”) on the Platform, you grant LeaseConfirm™ a non-exclusive, worldwide, royalty-free, and irrevocable license to use, display, reproduce, modify, adapt, publish, translate, distribute, and promote such User Content in connection with the Platform and our marketing efforts. You acknowledge that your User Content may be publicly available and visible to other users and third parties.
Intellectual Property
All content available on the LeaseConfirm™ Platform—including text, graphics, logos, images, software, and data—is the property of LeaseConfirm™ or its content suppliers and is protected by applicable intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the Platform for your personal, non-commercial use only. Any unauthorized reproduction, modification, distribution, or commercial exploitation of our content is strictly prohibited without our prior written consent.
Third-Party Websites and Services
The Platform may contain links to third-party websites, services, or resources that are not owned or controlled by LeaseConfirm™. These links are provided solely for your convenience, and LeaseConfirm™ is not responsible for the content, privacy policies, or practices of any third parties. Your use of any third-party website or service is at your own risk, and you should review any applicable terms and conditions or privacy policies before proceeding.
3.1 Payment Processing
LeaseConfirm™ facilitates payment processing for certain transactions—such as landlord subscription fees, optional tenant add-ons, and rent payments—through third-party payment processors, such as Stripe.
a. Landlord and Tenant Transactions
Subscriptions and Service Fees: Landlord subscription fees and optional tenant add-ons are processed directly by Stripe on behalf of LeaseConfirm™.
Rent Payments: Rent payments between Tenants and Landlords are processed via Stripe’s payment infrastructure, using either debit/credit card or pre-authorized debit (PAD) where available. LeaseConfirm™ enables the connection between Tenants and Landlords but does not act as a money services business—funds are transferred directly from the Tenant’s payment method to the Landlord’s designated Stripe account (or payout method) in accordance with Stripe Connect rules.
b. 4% Surcharge on Card Payments
All rent payments made using a credit or debit card through Stripe are subject to a 4% surcharge, calculated on the total monthly rent amount being paid.
This surcharge will be displayed to the Tenant at the time of payment and is in addition to the rent amount due under the lease agreement.
The surcharge helps cover payment processing costs associated with card transactions.
c. Responsibility and Disputes
LeaseConfirm™ is not a party to the lease agreement or any rent payment arrangement between Tenant and Landlord. Any disputes related to rent amount, timing, or non-payment must be resolved directly between those parties.
LeaseConfirm™ is not liable for payment delays, failed transactions, chargebacks, or withholding of funds by Stripe or the Tenant’s/Landlord’s financial institution.
d. Compliance
By using the Platform’s payment features, you agree to comply with all applicable laws and with Stripe’s Services Agreement and Connected Account Agreement.
Landlords and Tenants are solely responsible for ensuring their bank account or card information is accurate and that their use of the payment system complies with relevant regulations.
e. Fees
Stripe’s standard payment processing fees (and applicable taxes) apply to all transactions.
For rent payments made via card, the 4% surcharge described in Section 3.1(b) will be applied in addition to Stripe’s processing fees.
LeaseConfirm™ does not mark up Stripe’s fees for PAD transactions but may charge platform fees for certain features, as disclosed in our pricing.
f. Security
LeaseConfirm™ does not store or have access to full payment card or bank account numbers. All sensitive payment information is handled directly by Stripe using secure, PCI-DSS-compliant technology.
Disclaimer of Warranties and Limitation of Liability
THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. LEASECONFIRM™ DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. TO THE FULLEST EXTENT PERMITTED BY LAW, LEASECONFIRM™ SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE PLATFORM.
Termination
LeaseConfirm™ reserves the right to suspend or terminate your access to the Platform at any time, with or without notice, for conduct that LeaseConfirm™ believes violates these Terms or is otherwise harmful to the Platform or its users. Upon termination, all rights granted to you under these Terms will cease immediately, and you must promptly discontinue all use of the Platform.
Assignment
LeaseConfirm™ may assign or transfer these Terms, in whole or in part, at its discretion without notice to you. You may not assign or transfer these Terms, nor may you assign or transfer any rights granted to you hereunder, without our prior written consent.
Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of Ontario, Canada, without regard to its conflict of laws principles. Any dispute or claim arising out of or related to these Terms or your use of the Platform shall be resolved exclusively in the courts located in Ontario, Canada.
Miscellaneous
Contact Information
If you have any questions, concerns, or comments regarding these Terms, please contact us at info@www.leaseconfirm.com.
