Please read these Terms of Service ("Terms," "Agreement") carefully before using the Settlerspace platform ("Platform," "Service") operated by Settlerspace ("Company," "we," "us," or "our"). By accessing or using our Platform, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Platform.
1. Description of Service
Settlerspace is a technology platform that facilitates direct connections between residential landlords ("Landlords") and prospective tenants ("Tenants") for the purpose of residential rental transactions. Settlerspace provides tools including, but not limited to: property listing management, rental application processing, AI-assisted legal agreement generation, identity verification, applicant scoring, real-time messaging, and payment processing facilitation. Settlerspace is a technology intermediary only. We are not a real estate broker, agent, property manager, or party to any rental agreement. We do not own, manage, or control any property listed on the Platform. We do not employ or act as agent for any Landlord or Tenant. All rental agreements are entered into solely between Landlords and Tenants.
2. Eligibility
To use the Settlerspace Platform, you must: (a) be at least 18 years of age; (b) be a legal resident or entity authorized to conduct business in the United States; (c) have the legal authority to enter into binding contracts; (d) not be prohibited from using our services under applicable law; and (e) provide accurate, complete, and current account information. By creating an account, you represent and warrant that you meet all eligibility requirements. We reserve the right to suspend or terminate accounts that do not meet these requirements.
3. Account Registration and Security
You must create an account to access most features of the Platform. You agree to: (a) provide accurate and complete registration information; (b) maintain the security of your password and account credentials; (c) notify us immediately of any unauthorized access to your account; (d) accept responsibility for all activities that occur under your account; and (e) not share your account credentials with any third party. Settlerspace reserves the right to terminate accounts, remove listings, or restrict access at our sole discretion, including for violations of these Terms or applicable law.
4. Landlord Terms
As a Landlord on the Platform, you represent, warrant, and agree that: (a) you are the legal owner or authorized agent of the property you list; (b) all listing information is accurate, complete, and not misleading; (c) you have all necessary permits, licenses, and legal authority to rent the listed property; (d) your property complies with all applicable housing codes, health codes, and habitability standards; (e) you will not discriminate against any applicant on the basis of race, color, national origin, religion, sex, familial status, disability, or any other characteristic protected by the Fair Housing Act or applicable state and local law; (f) you are solely responsible for screening tenants, executing rental agreements, and managing tenancy; and (g) you will honor commitments made through the Platform. You acknowledge that AI-generated rental agreements provided through the Platform are tools to assist you and do not constitute legal advice. You are solely responsible for reviewing, modifying, and executing any rental agreement and for ensuring its compliance with applicable law.
5. Tenant Terms
As a Tenant on the Platform, you represent, warrant, and agree that: (a) all information provided in your rental application is accurate, complete, and truthful; (b) you consent to identity verification through Stripe Identity or other verification services as required; (c) you authorize Settlerspace to generate a Settler Score based on your application information; (d) you understand that a Settler Score is an algorithmic estimate and is not a guarantee of tenancy approval; (e) you will not misrepresent your identity, income, employment, or any other material information; and (f) once you have executed a rental agreement and completed payment through the Platform, such payment is final and subject to the terms of your signed rental agreement.
6. AI-Generated Rental Agreements
Settlerspace uses artificial intelligence to generate residential rental agreements based on information provided by Landlords and Tenants. You acknowledge and agree that: (a) AI-generated agreements are provided for informational and transactional convenience only and do not constitute legal advice; (b) Settlerspace makes no representation or warranty as to the legal sufficiency, enforceability, or accuracy of any AI-generated agreement; (c) you are strongly encouraged to have any rental agreement reviewed by a licensed attorney prior to execution; (d) Settlerspace is not responsible for any losses, damages, or disputes arising from AI-generated agreements; and (e) by digitally signing an agreement through the Platform, you acknowledge that your typed name constitutes a legally binding electronic signature under the Electronic Signatures in Global and National Commerce Act (E-SIGN Act), 15 U.S.C. § 7001 et seq.
7. Payment Processing and Platform Fees
Payment processing on the Platform is facilitated by Stripe, Inc. ("Stripe"). By using payment features of the Platform, you agree to Stripe's Terms of Service and Privacy Policy. Settlerspace charges an eight percent (8%) platform fee on all transactions processed through the Platform. This fee is deducted from the total payment amount prior to disbursement to the Landlord. All payments made through the Platform are processed as destination charges, meaning funds are transferred directly to the Landlord's connected Stripe account at the time of payment. Settlerspace does not hold, escrow, or otherwise retain tenant funds beyond the collection of its platform fee. You acknowledge that: (a) Settlerspace is not responsible for any payment disputes, chargebacks, or refunds; (b) all disputes regarding rental payments must be resolved directly between Landlord and Tenant pursuant to the terms of the signed rental agreement; (c) Settlerspace's platform fee is non-refundable once a transaction has been processed; and (d) Landlords must complete Stripe Connect onboarding, including identity verification, before receiving payments through the Platform.
8. Identity Verification and Settler Score
Settlerspace offers identity verification services through Stripe Identity. Identity verification is optional for Tenants but may improve application outcomes. By submitting to identity verification, you consent to Stripe's collection and processing of your biometric and identity data pursuant to Stripe's Privacy Policy. The Settler Score is an algorithmic assessment generated by Settlerspace's AI system based on applicant-provided information and identity verification status. The Settler Score: (a) is provided solely as a reference tool for Landlords; (b) does not constitute a consumer report under the Fair Credit Reporting Act (FCRA); (c) is not a credit score and does not reflect creditworthiness; (d) should not be the sole basis for any rental decision; and (e) is not guaranteed to be accurate or predictive of tenant behavior. Settlerspace complies with all applicable fair housing laws. Landlords must not use the Settler Score or any other Platform tool in a discriminatory manner.
9. Prohibited Conduct
You agree not to use the Platform to: (a) violate any applicable federal, state, or local law or regulation; (b) violate the Fair Housing Act or any applicable anti-discrimination law; (c) submit false, misleading, or fraudulent information; (d) impersonate any person or entity; (e) engage in any form of harassment, abuse, or threatening behavior; (f) post listings for properties you do not own or are not authorized to rent; (g) use the Platform for any commercial purpose other than residential rental transactions; (h) scrape, harvest, or collect data from the Platform without authorization; (i) reverse engineer, decompile, or otherwise attempt to access the Platform's source code; (j) interfere with the security or integrity of the Platform; or (k) facilitate any transaction involving illegal activity. Violation of these prohibitions may result in immediate account termination and may expose you to civil and criminal liability.
10. Intellectual Property
All content, features, and functionality of the Platform, including but not limited to software, algorithms, text, graphics, logos, and designs, are owned by Settlerspace and are protected by applicable intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to use the Platform for its intended purposes. You retain ownership of content you submit to the Platform. By submitting content, you grant Settlerspace a worldwide, royalty-free, non-exclusive license to use, store, display, and process your content solely for the purpose of providing and improving the Platform.
11. Disclaimer of Warranties
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY. SETTLERSPACE DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SETTLERSPACE MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT ON THE PLATFORM, INCLUDING PROPERTY LISTINGS, AI-GENERATED AGREEMENTS, OR SETTLER SCORES.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SETTLERSPACE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING FROM: (a) YOUR USE OF OR INABILITY TO USE THE PLATFORM; (b) ANY CONTENT OBTAINED FROM THE PLATFORM; (c) ANY RENTAL TRANSACTION FACILITATED THROUGH THE PLATFORM; (d) ANY AI-GENERATED AGREEMENT OR SETTLER SCORE; (e) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA; OR (f) ANY OTHER MATTER RELATING TO THE PLATFORM. IN NO EVENT SHALL SETTLERSPACE'S TOTAL LIABILITY TO YOU EXCEED THE GREATER OF (i) THE TOTAL PLATFORM FEES PAID BY YOU IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM OR (ii) ONE HUNDRED DOLLARS ($100.00).
13. Indemnification
You agree to indemnify, defend, and hold harmless Settlerspace and its officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Platform; (b) your violation of these Terms; (c) your violation of any third-party right, including any intellectual property or privacy right; (d) any rental transaction you enter into through the Platform; (e) any inaccurate or fraudulent information you provide; or (f) your violation of any applicable law.
14. Dispute Resolution and Arbitration
Any dispute, claim, or controversy arising out of or relating to these Terms or the Platform shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration shall be conducted in English and the seat of arbitration shall be in Nassau County, New York. YOU WAIVE YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. Any claim must be brought in your individual capacity and not as a plaintiff or class member in any purported class action. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent irreparable harm.
15. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. Any legal action not subject to arbitration shall be brought exclusively in the federal or state courts located in Nassau County, New York.
16. Modifications to Terms
Settlerspace reserves the right to modify these Terms at any time. We will provide notice of material changes by updating the "Last Updated" date and, where appropriate, by notifying you via email or through the Platform. Your continued use of the Platform after any modification constitutes your acceptance of the updated Terms.
17. Termination
We may suspend or terminate your access to the Platform at any time, with or without cause or notice, including for violations of these Terms. Upon termination: (a) your right to use the Platform ceases immediately; (b) provisions that by their nature should survive termination shall survive, including but not limited to Sections 11, 12, 13, 14, and 15; and (c) we may retain your data as required by applicable law.
18. Entire Agreement
These Terms, together with our Privacy Policy and any other agreements incorporated by reference, constitute the entire agreement between you and Settlerspace with respect to the Platform and supersede all prior agreements, representations, and understandings. If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.
19. Contact Information
For questions regarding these Terms, please contact us at: Settlerspace Email: legal@settlerspace.com Website: https://www.settlerspace.com
