Last revised on September 27, 2022
We are a software platform for property owners, licensed professionals, maintenance coordinators, and tenants. We are not a property management firm and do not provide advice to landlords on property management licensed activities.
The mission of Comfortly Inc. is to serve as a software platform for property owners to more efficiently manage their leasing and management activities. To achieve our mission, we make services available through our website and connect property owners, licensed professionals, maintenance coordinators, and tenants.
1.2. SCOPE AND INTENT
2. YOUR OBLIGATIONS
2.1. APPLICABLE LAWS AND THIS AGREEMENT
You must comply with all applicable laws and this Agreement, as may be amended from time to time with or without advance notice, and the policies and processes explained in the following sections and related webpages:
- Comfortly Inc.’s False Account & Listing Policy
- Comfortly Inc.’s Copyright Policy;
- Fair Housing Act ("FHA"); and
- Fair Credit Reporting Act ("FCRA")
2.2. LICENSE AND WARRANTY FOR YOUR SUBMISSIONS TO COMFORTLY INC.
You still own what you own, but you grant us a license to the content and/or information you provide us.
As between you and Comfortly Inc., you own the content and information you provide Comfortly Inc. under this Agreement, and may request its deletion at any time, unless you have shared information or content with others and they have not deleted it, or it was copied or stored by other users. Additionally, you grant Comfortly Inc. a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to us to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly to Comfortly Inc., without any further consent, notice and/or compensation to you or to any third parties.
We will respect the choices you make about who gets to see your information and content. Pursuant to this license, Comfortly Inc. may grant other Users and/or Visitors access and share rights to your content and information in accordance with this Agreement, your settings, and degree of connection with them.
You promise to only provide us information and content that you have the right to give us and you promise that your Comfortly Inc. profile will be truthful.
Any content or information you submit to us is at your own risk of loss. By providing content or information to us, you represent and warrant that you are entitled to submit it and that it is not confidential and not in violation of any law, contractual restrictions or other third party rights (including any intellectual property rights). It is your responsibility to keep your Comfortly Inc. profile information accurate and updated.
2.3. SERVICE ELIGIBILITY
You are eligible to enter into this contract and you are at least “Minimum Age.” The information you provide is truthful.
To be eligible to use the Services, you must meet the following criteria and represent and warrant that you: (1) are the “Minimum Age” (defined below) or older; (2) are not currently restricted from the Services, or not otherwise prohibited from having a Comfortly Inc. account, (3) are not a competitor of Comfortly Inc. or are not using the Services for reasons that are in competition with Comfortly Inc.; (4) will only maintain one Comfortly Inc. account at any given time; (5) will use your real name and only provide accurate information to Comfortly Inc.; (6) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (7) will not violate any rights of Comfortly Inc. or third party, including FHA, FCRA, FCRA intellectual property rights such as copyright or trademark rights; and (8) agree to provide at your cost all equipment, software, mobile access, and internet access necessary to use the Services.
2.4. YOUR ACCOUNT
You will keep your password a secret. You will not share an account with anyone else. You will not copy or transfer any part of the Services.
The profile you create on Comfortly Inc. will become part of Comfortly Inc. and except for the content and information that you license to us is owned by Comfortly Inc.. However, between you and others, your account belongs to you. You agree to: (1) keep your password secure and confidential; (2) not permit others to use your account; (3) not use other’s accounts; (4) not sell, trade, or transfer your Comfortly Inc. account to another party; and (5) not charge anyone for access to any portion of Comfortly Inc., or any information therein. Further, you are responsible for anything that happens through your account, without exception. To close your Comfortly Inc. account please email firstname.lastname@example.org with the subject line “Close Account.”
You will pay us for any losses that you cause.
You agree to indemnify us and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third party claims, charges, and investigations, caused by (1) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (2) any content you submit to the Services, and (3) any activity in which you engage on or through Comfortly Inc..
You will honor your payment obligations through Comfortly Inc.’s portal and coordinated through the maintenance coordinators. Comfortly Inc. uses Stripe to execute online payment transactions. By using our Payments feature, you agree to be bound by the Stripe Connected Account Agreement, available at https://stripe.com/connect/account-terms. This may be updated from time to time. For avoidance of doubt, if any payment you initiate using the Service does not successfully complete, the payee reserves the right to seek payment from you via or outside the Service. Any authorization you provide to make automatic payments using the Service will remain in effect until canceled.
If you purchase the Services that we offer for a fee, either on a one-time or subscription basis, you agree to Comfortly Inc. using your payment information for the purchase. Failure to pay may result in the termination of your subscription. Depending on where you transact with us, the type of payment method used and where your payment method was issued, your transaction with us may be subject to foreign exchange fees or differences in prices, including because of exchange rates. Comfortly Inc. does not support all payment methods, currencies or locations for payment. If the payment method you use with us, such as a credit card, reaches its expiration date and you do not edit your payment method information or cancel your account, you authorize us to continue billing that payment method and you remain responsible for any uncollected amounts.
Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription.
There may be fees and taxes that are added to our prices. We don't guarantee refunds. All applicable taxes are calculated based on the billing information you provide us at the time of purchase. You may cancel or suspend your account by emailing email@example.com. For more information on Comfortly Inc.’s refund policy please email firstname.lastname@example.org. We do not refund for lack of usage or dissatisfaction. When you cancel, you can continue to enjoy the Services through the end of your billing period. You also acknowledge that Comfortly Inc.’s Premium Services are subject to this Agreement and any additional terms related to the provision of the Service. Additionally, if you require a printed invoice for your transaction with us, you may request one by contacting email@example.com.
By interacting with other Users on our platform, you agree to pay the amount associated with the bill. Comfortly Inc. reserves the right to suspend payments to you until negative balances are resolved. A negative balance occurs when you have past due payments to other Users on the platform or coordinated through the maintenance coordinators.
By providing us with your banking or other payment information, you authorize us to use it and disclose it to Stripe or other payment gateway providers for the purpose of processing the payments you authorize on the Service. Payment gateway providers may also aggregate your information for other purposes, but only in ways that don’t identify you personally or disclose any personal information about you, and may disclose your personal information when necessary to comply with the law.
We never take custody of money you transfer to other Users using the Service, and we’re not responsible for what recipients do with the payments you make. For example, we’re not responsible for your property owner returning your deposit. If a payor or payor’s bank initiates a reversal, chargeback, or dispute of a payment made to you, you authorize us and our third-party payment providers to reverse or otherwise debit funds from your account in accordance with applicable financial institution and network policies and procedures. We may also initiate a reversal or other debit, or take other actions we determine to be appropriate, if we believe fraud or other abuse of the Service has occurred.
If you accept debit/credit cards as a form of payment, then a processing fee may be deducted from the amount paid to you.
2.7. NOTIFY US OF ACTS CONTRARY TO THE AGREEMENT
If you think you have to breach this Agreement, you will let us know beforehand.
If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory law, you agree to provide us with detailed and substantiated explanation of your reasons in writing at least 30 days before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so.
2.8. NOTIFICATIONS AND MESSAGES
You are okay with us providing you with important notices on our Services. The contact information you provide must be accurate or you may not receive important notices.
For purposes of messages and notices about the Services, Comfortly Inc. may place a banner notice across its pages to alert you to certain changes such as modifications to this Agreement. Alternatively, notice may consist of an email from Comfortly Inc. to an email address associated with your account, even if we have other contact information. You also agree that Comfortly Inc. may communicate with you through your Comfortly Inc. account or through other means including email, mobile number, telephone, or delivery services including the postal service about your Comfortly Inc. account or services associated with Comfortly Inc.. Please review your Comfortly Inc..com settings to control and limit what kind of messages you receive from us. You acknowledge and agree that we shall have no liability associated with or arising from your failure to do so maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Services.
You agree to accept communications from Comfortly Inc. via SMS, text message, email, by telephone, and/or the Comfortly Inc. mobile application and you agree that such communications do not violate the Telephone Consumer Protection Act (TCPA), the Telemarketing Sales Rule (TSR), any implementing regulations of the TCPA or TSR, or any similar state laws or regulations. You consent to have Comfortly Inc. call or text message you on any day (inclusive of weekends and holidays) and at any time at the phone number(s) you have directly or indirectly provided to Comfortly Inc., and to the use of an autodialer or a prerecorded or artificial voice to deliver a message, in connection with your use of our Services, or for any other purposes including but not limited to telemarketing purposes.
2.9. COMFORTLY APPLICATIONS
This Agreement applies to mobile applications as well. Also, you agree certain additional information can be shared with us.
Comfortly Inc. may offer the Services through applications built using Comfortly Inc.’s platform (“Comfortly Inc. Applications”). An example of Comfortly Inc. Applications include its smart phone applications (e.g., Comfortly Inc. for Android and iOS - coming soon). Comfortly Inc. Applications are distinct from third party Platform Applications addressed in Section 4.2. If you use a Comfortly Inc. Application or interact with a website that has deployed a plugin, you agree that information about you and your use of the Services, including, but not limited to, your device, your mobile carrier, your internet access provider, your physical location, or web pages containing Comfortly Inc. plugins that load in your browser may be communicated to us. Further, by importing any of your Comfortly Inc. data through the Comfortly Inc. Application, you represent that you have authority to share the transferred data with your mobile carrier or other access provider. In the event you change or deactivate your mobile account, you must promptly update your Comfortly Inc. account information to ensure that your messages are not sent to the person that acquires your old number and failure to do so is your responsibility. You acknowledge you are responsible for all charges and necessary permissions related to accessing Comfortly Inc. through your mobile access provider. Therefore, you should check with your provider to find out if the Services are available and the terms for these services for your specific mobile devices. Finally, by using any downloadable application to enable your use of the Services, you are explicitly confirming your acceptance of the terms of the Agreement associated with the application provided at download or installation, or as may be updated from time to time.
2.10. USER-TO-USER COMMUNICATION AND SHARING (UPDATES, PROPERTY LISTINGS, ETC.)
When you share information, others can see, copy and use that information.
Comfortly Inc. offers various listings, such as Comfortly Inc. Marketing, where you can post your rental properties on other platforms. By using the Comfortly Inc. Marketing Syndication, you agree to allow Comfortly Inc. to share your listing to Third Party websites, including Zillow. You also agree to follow the Zillow Respectful Renter Pledge.
Comfortly Inc. also enables sharing of information by allowing users to post resources, including introductions to real estate agents, landlords, and other content to their public profile and other Services. Please note that ideas you post and information you share may be seen and used by other Users or, if public, by Visitors and Comfortly Inc. cannot guarantee that other Users will or will not use the ideas and information that you share on Comfortly Inc., nor the manner of use. Therefore, if you have an idea or information that you would like to keep confidential or don’t want others to use, or that is subject to third party rights that may be infringed by you sharing it, do not post it to any Comfortly Inc. user-to-user shared communication. Comfortly Inc. is not responsible for another’s misuse or misappropriation of any content or information you post on Comfortly Inc..
2.12. CONTRIBUTIONS TO COMFORTLY
If you provide feedback to us, make sure you don’t include confidential or infringing materials. You grant us rights to your feedback.
By submitting suggestions or other feedback regarding our Services ("Contributions") in any way to Comfortly Inc., you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Comfortly Inc. is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Comfortly Inc. shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Comfortly Inc. may have something similar to the Contributions already under consideration or in development; (e) you irrevocably non-exclusively license to Comfortly Inc. rights to exploit your Contributions; and (f) you are not entitled to any compensation or reimbursement of any kind from Comfortly Inc. under any circumstances.
3. YOUR RIGHTS
If you follow this Agreement, we grant you a limited right to use Comfortly Inc.. You will only access and use Comfortly Inc. in the way this Agreement allows you.
On the condition that you comply with all your obligations under this Agreement, including, but not limited to, the Do’s and Don’ts listed in Section 10, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicenseable license and right to access the Services, through a generally available web browser, mobile device or Comfortly Inc. authorized application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of Comfortly Inc. or its Users), to view content and information and otherwise use the Services, to the extent intended and permitted by the functionality thereof, the Users’ settings and your degree of connection with them, in accordance with this Agreement. Any other use of Comfortly Inc. contrary to our mission and purpose (such as seeking to connect to someone you do not know or trust, or to use information gathered from Comfortly Inc. commercially unless expressly authorized by Comfortly Inc.) is strictly prohibited and a violation of this Agreement. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in Comfortly Inc. and all related items, including any and all copies made of the Comfortly Inc. websites.
4. OUR RIGHTS & OBLIGATIONS
4.1. SERVICES AVAILABILITY
We may change or discontinue Services, and in such case, we do not promise to keep showing or storing your information and content.
For as long as Comfortly Inc. continues to offer the Services, Comfortly Inc. shall provide and seek to update, improve and expand the Services. As a result, we allow you to access Comfortly Inc. as it may exist and be available on any given day and we have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue Comfortly Inc., partially or entirely, or change and modify prices prospectively for all or part of the Services for you or for all our Users in our sole discretion. All of these changes shall be effective upon their posting on Comfortly Inc. or by direct communication to you unless otherwise noted.
We may not keep showing the content or information you provide to us.
Comfortly Inc. further reserves the right to withhold, remove or discard any content available as part of your account, with or without notice if deemed by Comfortly Inc. to be contrary to this Agreement. For avoidance of doubt, Comfortly Inc. has no obligation to store, maintain or provide you a copy of any content that you or other Users provide when using the Services. Comfortly Inc. may be required by local laws to remove certain information or content and so that information or content may not be available on our Service in those countries.
4.2. THIRD PARTY CONTENT, SITES AND DEVELOPERS
Your access of other Users’ and third parties’ content and information posted on the Services is at your own risk.
By using the Services, you may be exposed to other Users’ or third party content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Except for certain limited circumstances, such as where legally required, we generally do not review or filter such content. You agree and acknowledge that we are not responsible for other Users’ or third party content or information or for any damage of any kind incurred as result of your reliance thereon.
4.3. DISCLOSURE OF USER INFORMATION
4.4. CONNECTIONS AND INTERACTIONS WITH OTHER USERS
We have the right to limit the connections and interactions on the Services.
You are solely responsible for your interactions with other Users. Comfortly Inc. may limit the number of connections you may have to other Users and may, in certain circumstances, prohibit you from contacting other Users through use of the Services or otherwise limit your use of the Services. Comfortly Inc. reserves the right, but has no obligation, to monitor disputes between you and other Users and to restrict, suspend, or close your account if Comfortly Inc. determines, in our sole discretion, that doing so is necessary to enforce this Agreement.
4.5. INTELLECTUAL PROPERTY NOTICES
We are providing you notice about our intellectual property rights.
The Services include the copyrights and Intellectual property rights of Comfortly Inc. and except for the limited license granted to you in Section 3, Comfortly Inc. reserves all of its intellectual property rights in the Services. Comfortly Inc., Comfortly Inc. (stylized) and “T” logos and other Comfortly Inc. trademarks, service marks, graphics, and logos used in connection with Comfortly Inc. are trademarks or registered trademarks of Comfortly Inc. or Comfortly Inc. Affiliates in the U.S. and/or other countries. Other trademarks and logos used in connection with Comfortly Inc. may be the trademarks of their respective owners. This Agreement does not grant you any right or license with respect to any such trademarks and logos.
5.1. USE OF THE COMFORTLY PLATFORM IS ENTIRELY AT YOUR OWN RISK
To the fullest extent permitted by applicable law, the Comfortly Inc. Platform is provided on an "as is" basis without warranties of any kind, either express or implied. Neither Comfortly Inc. nor its affiliates or licensors warrant that the Comfortly Inc. Platform will be uninterrupted or error-free; nor do they make any warranty as to any content available in or through the Comfortly Inc. Platform; nor do they make any warranty as to any professional's registration, professional accreditation or license; nor do they make any warranty as to the results that may be obtained from the use of the Comfortly Inc. Platform, or as to the timeliness, accuracy, reliability, quality, suitability, safety, completeness or content of the services, professional services, or any content, information or materials provided through or in connection with the use of the Comfortly Inc. Platform or this agreement. Additionally, you agree that any credit information that you authorize Comfortly Inc. to share with third parties is not error-free and may include information that does not pertain to you and Comfortly Inc. and its affiliates and its data providers are not responsible or liable for any action or decision taken by a third party based on the credit information.
Neither Comfortly Inc. nor its affiliates or licensors are responsible for the conduct, whether online or offline, of any User of the Comfortly Inc. Platform. Neither Comfortly Inc. nor its affiliates or licensors warrant that the Comfortly Inc. Platform is free from viruses, worms, trojan horses, or other harmful components. Comfortly Inc. and its affiliates and licensors cannot and do not guarantee that any information, personal or otherwise, supplied by you will not be misappropriated, intercepted, deleted, destroyed or used by others.
5.2. ADDITIONAL DISCLAIMER
The quality of the professional services on the Comfortly Inc. Platform is entirely the responsibility of the professional who ultimately provides such professional services to you as a third party provider. You understand, therefore, that by using the Comfortly Inc. Platform, you may be exposed to professional services that are potentially unscreened by the Comfortly Inc. team, and that you use the Comfortly Inc. Platform, and such professionals, at your own risk.
You may also interact with maintenance coordinators on Comfortly Inc.. Maintenance coordinators are third party contractors who help schedule and follow up on service requests. You understand that it is your responsibility to manage the maintenance request and manage the maintenance coordinators.
Nothing in this Agreement or on the Comfortly Inc. Platform constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal or financial matter, you should consult an appropriate professional.
By using the Comfortly Inc. Platform, you agree that the exclusions and limitations of liability set out in this Agreement are reasonable. If you do not believe they are reasonable, you must not use the Comfortly Inc. Platform. You accept that Comfortly Inc. has an interest in limiting the personal liability of its officers, directors and employees. You agree that you will not bring any claim personally against Comfortly Inc.'s officers, directors or employees in connection with any dispute, loss or damage. Without prejudice to the foregoing, you agree that the limitations of warranties and liability set out in this agreement will protect Comfortly Inc.'s officers, directors, employees, agents, licensors, parents, subsidiaries, affiliates, successors, assigns and sub-contractors as well as Comfortly Inc..
Each party acknowledges that the other party has entered into this Agreement relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties.
6. LIMITATION OF LIABILITY
We are trying to limit any legal liability we may have to you.
6.1. NO LIABILITY
You agree not to hold Comfortly Inc., its affiliates, its licensors, or any of such parties' agents, employees, officers, directors, corporate partners, or participants (collectively, "Comfortly Inc.") liable for any damages, expenses, losses, suits, claims, and/or controversies (collectively, "liabilities") that have arisen or may arise, whether known or unknown, relating to your use of or inability to use the Comfortly Inc. Platform, including without limitation any liabilities arising in connection with the conduct, act or omission of any User (including without limitation stalking, harassment, acts of physical violence, and loss or destruction of personal property), services, any dispute with any User, any instruction, advice, act, or service provided by Comfortly Inc., and any destruction of your information. Under no circumstances will Comfortly Inc. be liable for any direct, indirect, incidental, consequential, special or exemplary damages arising in connection with your use of or inability to use the Comfortly Inc. Platform or any services, even if such parties were or should have been advised of the possibility of the same. Comfortly Inc. does not accept any liability with respect to the quality of work performed in connection with the Comfortly Inc. Platform, the professional services, or this Agreement. Some jurisdictions do not allow the exclusion or limitation of certain types of damages, so the above limitations may not apply to you. If, notwithstanding the foregoing exclusions, it is determined that Comfortly Inc. is liable for damages, in no event will the aggregate liability, whether arising in contract, tort, strict liability or otherwise, exceed the total fees paid by you to Comfortly Inc. during the six (6) months prior to the time such claim arose.
6.2. RELEASE OF LIABILITY
Comfortly Inc. expressly disclaims any liability that may arise between Users of the Comfortly Inc. Platform. The Comfortly Inc. Platform is only a venue for connecting Users. To the extent that the Comfortly Inc. Platform connects a User to a third party provider for the purposes of providing services, hereunder, Comfortly Inc. will not be responsible for assessing the suitability, legality or ability of any third party providers and you expressly waive and release Comfortly Inc. from any and all liability, claims or damages arising from or in any way related to the third party service provider. Because Comfortly Inc. is not involved in the actual contact between Users or in the completion of any professional service, such as rental showings, maintenance coordination, or inspections, in the event that you have a dispute with one or more Users, you release Comfortly Inc. from any and all claims, demands, or damages (actual, direct or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute. you expressly waive and release any and all rights and benefits under section 1542 of the Civil Code of the State of California (or any analogous law of any other state), which reads as follows: "a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her, must have materially affected his or her settlement with the debtor."
7.1. MUTUAL RIGHTS OF TERMINATION
Comfortly Inc. may terminate this Agreement and your account for any reason or no reason, at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in the notice. For avoidance of doubt, only Comfortly Inc. or the party paying for the services may terminate your access to any Premium Services. Termination of your Comfortly Inc. account includes disabling your access to Comfortly Inc. and may also bar you from any future use of Comfortly Inc..
You may terminate this Agreement, for any or no reason, at any time, with notice to Comfortly Inc. pursuant to Section 9.3. This notice will be effective upon Comfortly Inc. processing your notice.
7.2. MISUSE OF THE SERVICES
Comfortly Inc. may restrict, suspend or terminate the account of any User for any reason, including anyone who abuses or misuses the Services. Misuse of the Services includes inviting other Users with whom you do not know to connect; abusing the Comfortly Inc. messaging services; creating multiple or false agent profiles; creating false property listings; using the Services commercially without Comfortly Inc.’s authorization, infringing any intellectual property rights, violating any of the Do’s and Don’ts listed in Section 10, or any other behavior that Comfortly Inc., in its sole discretion, deems contrary to its purpose. In addition, and without limiting the foregoing, Comfortly Inc. has adopted a policy of terminating accounts of Users who, in Comfortly Inc.’s sole discretion, are deemed to be repeat infringers under the United States Copyright Act.
7.3. EFFECT OF TERMINATION
Upon termination of your Comfortly Inc. account, you lose access to the Services. The terms of this Agreement shall survive any termination, except Section 3 (“Your Rights”) and Sections 4.1, 4.2, and 4.3. (“Our Rights and Obligations”).
8. DISPUTE RESOLUTION
8.1. LAW AND FORUM FOR LEGAL DISPUTES
In the unlikely event we end up in a legal dispute, it will take place in California courts, applying California law.
This Agreement or any claim, cause of action or dispute (“claim”) arising out of or related to this Agreement shall be governed by the laws of the state of California regardless of your country of origin or where you access Comfortly Inc., and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods. You and Comfortly Inc. agree that all claims arising out of or related to this Agreement must be resolved exclusively by a state or federal court located in San Francisco County, California, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You and Comfortly Inc. agree to submit to the personal jurisdiction of the courts located within San Francisco County, California for the purpose of litigating all such claims. Notwithstanding the above, you agree that Comfortly Inc. shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
8.2. ARBITRATION OPTION
Each of us will have the right to choose arbitration.
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.
9. GENERAL TERMS
Here are some important details about how to read the Agreement.
If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.
9.3. NOTICES AND SERVICE OF PROCESS
In addition to Section 2.8 (“Notices and Service Messages”), we may notify you via postings on www.comfort.ly, or another Comfortly Inc. site or app. You may contact us via email at: firstname.lastname@example.org or courier at: Comfortly Inc.,. ATTN: 18801 N Dale Mabry Highway PMB 25163, Lutz, FL 33548. Additionally, Comfortly Inc. accepts service of process at this address. Any notices that you provide without compliance with this section shall have no legal effect.
9.4. ENTIRE AGREEMENT
You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and Comfortly Inc. regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Comfortly Inc. services, third-party content or third party software.
9.5. AMENDMENTS TO THIS AGREEMENT
9.6. NO INFORMAL WAIVERS, AGREEMENTS OR REPRESENTATIONS
Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any Comfortly Inc. Affiliate shall be deemed legally binding on any Comfortly Inc. Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of Comfortly Inc..
9.7. NO INJUNCTIVE RELIEF
You waive your rights to try to stop Comfortly Inc., but we don’t waive our rights to ask a court to stop your actions.
In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Services, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.
9.8. ASSIGNMENT AND DELEGATION
You can’t assign your rights under this Agreement, but we can.
You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, Comfortly Inc., for any third party that assumes our rights and obligations under this Agreement.
9.9. POTENTIAL OTHER RIGHTS AND OBLIGATIONS
You may have rights or obligations under local law other than those enumerated here if you are located outside the United States.
10. COMFORTLY INC. “DOS” AND “DON’TS.”
10.1. DO UNDERTAKE THE FOLLOWING:
Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, Fair Housing Act Laws, Fair Credit Reporting Act, and regulatory requirements;
- Provide accurate information to us and update it as necessary;
- Review and comply with notices sent by Comfortly Inc. concerning the Services;
- Use the Services in a professional manner; and
- Use your real name on your profile.
10.2. DON’T UNDERTAKE THE FOLLOWING:
Act dishonestly or unprofessionally by engaging in unprofessional behavior by posting inappropriate, inaccurate, fraudulent, or objectionable content to Comfortly Inc.;
Publish inaccurate information in the designated fields on the profile form (e.g., do not include a link or an email address in the name field). Please also protect sensitive personal information such as your financial information, credit information, and street address or other information that is confidential in nature;
Create a User account for anyone other than a natural person;
Harass, abuse or harm another person, including sending unwelcome communications to others using Comfortly Inc.;
List a property with any language that goes against the FHA (see the Fair Housing Act section for more details on discrimination);
Collect a credit report for any reason other than for the purpose of leasing a property to a tenant (see Section 12 with the Credit Report And Tenant Screening API for Users on FCRA for allowable reasons to pull a credit report);
Invite people you do not know to join your rental properties on Comfortly Inc..
Upload a profile image that is not your company logo, likeness, or a headshot photo;
Use or attempt to use another's account or create a false identity on Comfortly Inc.;
List a property listing that is not available or for which you do not own or have express consent from the property owner to list the rental, or create false listings on Comfortly Inc.;
Upload, post, email, message, transmit or otherwise make available or initiate any content that:
- Falsely states, impersonates or otherwise misrepresents your identity;
- Is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable;
- Adds to a content field content that is not intended for such field (e.g. submitting a telephone number in the “title” or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by Comfortly Inc.);
- Includes information that you do not have the right to disclose or make available under any law, FHA, FCRA, or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights;
- Includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. This prohibition includes but is not limited to (a) using Comfortly Inc. messages to send messages to people who don’t know and have no intent to rent from them, to them, or with them; (b) using Comfortly Inc. to connect to people who don’t know you for the purpose of sending unsolicited promotional messages to those direct connections without their permission; and (c) sending messages to distribution lists, newsgroup aliases, or group aliases;
- Contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of Comfortly Inc. or any user of Comfortly Inc.;
- Forges headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Services; or
- Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on Comfortly Inc. (excluding content posted by you) except as permitted in this Agreement, Comfortly Inc.’s developer terms and policies, or as expressly authorized by Comfortly Inc.;
Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof;
Utilize or copy information, content or any data you view on or obtain from Comfortly Inc. to provide any service that is competitive, in Comfortly Inc.’s sole discretion, with Comfortly Inc.;
Imply or state, directly or indirectly, that you are affiliated with or endorsed by Comfortly Inc. unless you have entered into a written agreement with Comfortly Inc. (this includes, but is not limited to, representing yourself as an accredited Comfortly Inc. trainer if you have not been certified by Comfortly Inc. as such);
Adapt, modify or create derivative works based on Comfortly Inc. or technology underlying the
Services, or other Users’ content, in whole or part, except as permitted under Comfortly Inc.’s developer program;
Rent, lease, loan, trade, sell/re-sell access to Comfortly Inc. or any information therein, or the equivalent, in whole or part;
Deep-link to our sites for any purpose, (i.e. creating or posting a link to a Comfortly Inc. web page other than Comfortly Inc.’s home page) unless expressly authorized in writing by Comfortly Inc. or for the purpose of promoting your profile or property on Comfortly Inc..
Remove any copyright, trademark or other proprietary rights notices contained in or on Comfortly Inc., including those of both Comfortly Inc. and any of its licensors;
Remove, cover or otherwise obscure any form of advertisement included on Comfortly Inc.;
Collect, use, copy, or transfer any information, including, but not limited to, personally identifiable information obtained from Comfortly Inc. except as expressly permitted in this Agreement or as the owner of such information may expressly permit;
Infringe or use Comfortly Inc.’s brand, logos or trademarks, including, without limitation, using the word “Comfortly” in any business name, email, or URL or including Comfortly Inc.’s trademarks and logos or as expressly permitted by Comfortly Inc.;
Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the site;
Use bots or other automated methods to access Comfortly Inc., add or download contacts, send or redirect messages, or perform other similar activities through Comfortly Inc., unless explicitly permitted by Comfortly Inc.;
Access, via automated or manual means or processes, Comfortly Inc. for purposes of monitoring Comfortly Inc.’s availability, performance or functionality for any competitive purpose;
Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of Comfortly Inc.’s website;
Attempt to or actually access Comfortly Inc. by any means other than through the interfaces provided by Comfortly Inc. such as its mobile application or by navigating to https://www.comfort.ly using a web browser. This prohibition includes accessing or attempting to access Comfortly Inc. using any third-party service, including software-as-a-service platforms that aggregate access to multiple services, including Comfortly Inc.;
Attempt to or actually override any security component included in or underlying Comfortly Inc.;
Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on Comfortly Inc.’s infrastructure, including, but not limited to, sending unsolicited communications to other Users or Comfortly Inc. personnel, attempting to gain unauthorized access to Comfortly Inc., or transmitting or activating computer viruses through or on Comfortly Inc.; and/or
Interfere or disrupt or game Comfortly Inc. or the Services, including, but not limited to, any servers or networks connected to Comfortly Inc., or Comfortly Inc.'s search algorithms.
11. COMPLAINTS REGARDING CONTENT POSTED ON COMFORTLY INC.
If you think someone has stolen or misused your intellectual property on Comfortly Inc., please check out our Copyright Policy.
We built Comfortly Inc. to help you navigate the rental industry and help landlords, agents, managers, and tenants be more successful. To achieve this purpose, we encourage our Users to share accurate information. We also respect the intellectual property rights of others. Accordingly, this Agreement requires that information posted by Users be accurate and not in violation of the intellectual property rights or other rights of third parties. To promote these objectives, Comfortly Inc. provides a process for submission of complaints concerning content posted by our Users. Our policy and procedures can be found here: Comfortly Inc. Copyright Policy and Flagging for removal policy. Claims regarding Copyright Infringement. Claims regarding content (other than copyright).
12. CREDIT REPORT AND TENANT SCREENING API
12.1 FAIR CREDIT REPORTING ACT
The Fair Credit Reporting Act (FCRA) allows you to obtain from each credit reporting agency a disclosure of all the information in your credit file at the time of the request. Full disclosure of information in your file at a credit reporting agency must be obtained directly from such credit reporting agency. The credit reports provided or requested through our Site are not intended to constitute the disclosure of information by a credit reporting agency as required by the Fair Credit Reporting Act or similar laws.
You are entitled to receive a free copy of your credit report from a credit reporting agency if:
- You have been denied or were otherwise notified of an adverse action related to credit, insurance, employment, or a government grant or other government granted benefit within the past sixty (60) days based on information in a credit report provided by such agency.
- You have been denied house/apartment rental or were required to pay a higher deposit than usually required within the past sixty (60) days based on information in a consumer report provided by such agency.
- You certify in writing that you are a recipient of pubic welfare assistance.
- You certify in writing that you have reason to believe that your file at such credit reporting agency contains inaccurate information due to fraud.
In addition, if you are a resident of Colorado, Maine, Maryland, Massachusetts, New Jersey, or Vermont, you may receive one free copy of your credit report each year from the credit bureaus. If you are a resident of Georgia, you may receive two free copies of your credit report each year from the credit bureaus. Otherwise, a consumer reporting agency may impose a reasonable charge for providing you with a copy of your credit report.
The Fair Credit Reporting Act provides that you may dispute inaccurate or incomplete information in your credit report. You are not required to purchase your credit report from the Site or SmartMove in order to dispute inaccurate or incomplete information in your report or to receive a copy of your report from Equifax, Experian, or TransUnion, the three national credit reporting agencies, or from any other credit reporting agency.
TURSS requires Users must consult the relevant provisions of the FCRA for details about their obligations under the FCRA, listed in the Obligations of All Users of Consumer Reports.
12.2 DISPUTING CREDIT INFORMATION
The Fair Credit Reporting Act permits you to dispute inaccurate or incomplete information in your credit file. You understand that accurate information cannot be changed.
12.3 CREDIT FRAUD ALERTS
Fraud Alerts are available to any eligible consumers—free of charge—from a national consumer reporting agency.
12.4 TRANSUNION MANDATORY TERMS FOR SCREENING USERS
12.4.1 GENERAL TERMS
A Tenant Screening report (“Screening Services”) provided through the Comfortly Inc. Platform is a direct integration with TransUnion® SmartMove® ("SmartMove"), a product of TransUnion Rental Screening Solutions ("TURSS"). By using the Screening feature provided on the Comfortly Inc. Platform, the User agrees to the terms and conditions outlined by SmartMove and TURSS. It is very important to read and understand these terms, since the User agrees to be legally bound by these SmartMove terms. TURSS provides access to SmartMove to allow you to authorize and agree to provide your credit and public record information ("Credit Information") to third parties through the Comfortly Inc. Platform.
Users are requested to authenticate their identity (using information from public records and credit information related to the identifying information that you provide (e.g. Social Security Number, Date of Birth) ("Identifying Information")) and acknowledge that upon successful completion of identity verification, your Credit Information will be scored by TURSS and provided to third parties indicated on your request via the Comfortly Inc. Platform. You acknowledge and agree that TURSS and Comfortly Inc. are not responsible for any actions or decisions made by any third parties with whom you have agreed to share your Credit Information.
The images, text, screens, web pages, materials, data, content and other information ("Content") used and displayed through the Comfortly Inc. Platform are the property of TURSS or its licensors and are protected by copyright, trademark and other laws. In addition to its rights in individual elements of the Content within then Comfortly Inc. Platform, TURSS owns intellectual property rights in the selection, coordination, arrangement and enhancement of such Content. None of the Content may be copied, displayed, distributed, downloaded, licensed, modified, published, reposted, reproduced, reused, sold, transmitted, used to create a derivative work or otherwise used for public or commercial purposes without the express written permission of TURSS or the owner of the Content.
By using Comfortly Inc.’s Screening service, you agree that we may use and share your personal information in accordance with the terms of the TURSS Privacy Statement. The TURSS Privacy Statement can be found at https://www.mysmartmove.com/privacy-policy.html.
12.4.3 NOTICES FOR SCREENING
You should send any notices or other communications regarding Screening services to SmartMove at
TransUnion Rental Screening Solutions 6430 S. Fiddler’s Green Circle, Suite 500 Greenwood Village, CO 80111
12.4.4 APPLICABLE LAW FOR SCREENING SERVICES
The laws applicable to the interpretation of these terms and conditions shall be the laws of the State of Illinois, USA, and applicable federal law, without regard to any conflict of law provisions. TURSS can provide credit reports only on individuals who have established credit in the United States. Those who choose to access the Comfortly Inc. Platform from outside the United States do so on their own initiative and are responsible for compliance with local laws. You agree that any and all disputes arising under this Agreement or out of TURSS' provision of services to you, if submitted to a court of law, shall be submitted to the state and federal courts of Northern District of Illinois, USA.
12.4.5 SCREENING FOR OWNERS, AGENTS, AND MANAGERS
User certifies that it is utilizing the Screening Services solely for assisting with making a residential or storage leasing decision.
220.127.116.11 Consumer Report Information.
TURSS makes certain consumer report information services from consumer reporting databases, including but not limited to consumer credit reports and criminal record reports (“Consumer Report Information”) available to its customers who have a permissible purpose for receiving such information in accordance with the Fair Credit Reporting Act (15 U.S.C. §1681 et seq.) including, without limitation, all amendments thereto ("FCRA"). For the purposes of this Agreement, the term “adverse action” shall have the same meaning as that term is defined in the FCRA.
18.104.22.168 FCRA Penalties
THE FCRA PROVIDES THAT ANY PERSON WHO KNOWINGLY AND WILLFULLY OBTAINS INFORMATION ON A CONSUMER FROM A CONSUMER REPORTING AGENCY UNDER FALSE PRETENSES SHALL BE FINED UNDER TITLE 18, OR IMPRISONED NOT MORE THAN TWO YEARS, OR BOTH.
Using Applicant and/or Tenant information provided to Comfortly Inc. ("Applicant/Tenant Information"), Comfortly Inc. will obtain consumer reports relating to each Applicant and/or Tenant and Comfortly Inc. will evaluate the consumer reports ("Applicant/Tenant Reviews"). Based on the results of the Applicant/Tenant Reviews, Comfortly Inc. will provide the User with a Recommendation with respect to the Applicant and/or Tenant, based on the initial thresholds established by Comfortly Inc.. Such thresholds, delivery specifications and decision criteria, and any changes thereto, shall be supplied or confirmed by User in writing. It is User’s obligation, however, to ensure compliance with any legal obligations when providing any information to an Applicant and/or Tenant.
22.214.171.124 All Rental Decisions to be made by the User
User acknowledges and agrees that Comfortly Inc. provides only Recommendations as to actions concerning an Applicant or a Tenant, and further acknowledges and agrees that all decisions of whether or not to rent property to a particular Applicant or Tenant, as well as the length of and terms of any such rental, will be made by Subscriber. Comfortly Inc. shall have no liability to a User, Tenant or other person or entity for any rental, or the failure to rent, to any Applicant or Tenant, or the terms of any such rental, regardless of whether or not Subscriber's decision was based on Recommendations, Consumer Report Information, public records, or other information provided to Subscriber by TURSS.
126.96.36.199 Adverse Action Factors
TURSS may provide score reason codes to User, which are designed to indicate the principal factors that contributed to the Bureau Score, and may be disclosed to consumers as the reasons for taking adverse action, as required by the Equal Credit Opportunity Act ("ECOA") and its implementing Regulation (“Reg. B”). The Bureau Score itself, when accompanied by the corresponding reason codes, may also be disclosed to the consumer who is the subject of the Bureau Score. However, the Bureau Score itself may not be used as the reason for adverse action under Reg. B.
188.8.131.52 Score Performance
Certain Scores are implemented with standard minimum exclusion criteria. TURSS warrants that the scoring algorithms used in the computation of the scoring services, provided under this Agreement, ("Models") are empirically derived from credit data and are a demonstrably and statistically sound method of rank-ordering candidate records with respect to the purpose of the Scores when applied to the population for which they were developed, and that no scoring algorithm used by a Score uses a "prohibited basis" as that term is defined in ECOA and Reg. B promulgated thereunder. The Bureau Score may appear on a credit report for convenience only, but is not a part of the credit report nor does it add to the information in the report on which it is based.
Last revised on December 1, 2022
1. WHAT INFORMATION WE COLLECT
1.1. DATA CONTROLLERS
When you create an account with us, you provide us with information (including your name, email address, and password) that we use to offer you a personalized, relevant experience on Comfortly Inc..
1.3. PROFILE INFORMATION
For property owners, real estate agents, and property managers, you can add professional details – such as your company, real estate license, and expertise — to your profile. Comfortly Inc. has the right to verify the accuracy of this information.
For tenants, you may choose to provide additional information on your Comfortly Inc. application. Comfortly Inc. may validate the accuracy of this data. For example, Comfortly Inc. may contact past landlords to confirm the landlord owns the listed address and rented to you for the specific dates you entered. Your connections and past landlords may provide recommendations and endorsements of you.
Please note that when you send an invitation to connect to another User (an owner, agent, property manager, or tenant), that person may have access to your email address, mobile number, and profile. Comfortly Inc. will also remind you of pending invitations.
1.4. CALENDAR THAT SYNCS WITH Comfortly Inc.
In the future, we plan to sync non-Comfortly Inc. content – such as your calendar – with your account. We will use this information to improve scheduling property showings. You can remove your calendar whenever you'd like.
1.5. CUSTOMER SERVICE
When you contact our Support Center, we collect information to respond to your questions and better serve you.
1.6. USING THE COMFORTLY INC. SITES AND APPLICATIONS
We collect information when you use (whether as a User or a Visitor) the Comfortly Inc. website. For example, we collect information when you submit an application (tenants) or list a rental property (owners, agents, and managers). If you are logged in on Comfortly Inc..com or another Service or a Comfortly Inc. cookie on your device identifies you, your usage information and the log data described in Section 1.9 of this policy, such as your IP address, will be associated with your account. Even if you’re not logged into a Service, we log information about devices used to access our Services, including IP address.
1.8. ADVERTISING TECHNOLOGIES AND WEB BEACONS
We may target ads to you on and off Comfortly Inc., based on information you included in your profile and your use of Comfortly Inc.. If you do not want to receive targeted Comfortly Inc. ads on third-party sites, you can opt out by sending an email to email@example.com with the subject line “Advertising Opt out.” Please note this does not opt you out of being served advertising. You will continue to receive generic ads or targeted ads by companies not listed with these opt-out tools.
We may target ads to Users and Visitors both on and off Comfortly Inc. through a variety of ad networks and ad exchanges, using:
- Advertising technologies like web beacons, pixels, ad tags, cookies, and mobile identifiers as permitted by mobile platforms both on and off Comfortly Inc.;
- Information from advertising partners which we use to help deliver ads more relevant to you.
We do not share personally identifiable information with any third-party advertiser or ad network, although your public profile is visible to other Users and through public search depending on your settings.
1.9. LOG FILES, IP ADDRESSES, AND INFORMATION ABOUT YOUR COMPUTER AND MOBILE DEVICE
We collect information from the devices and networks that you use to access Comfortly Inc.. This information helps us improve and secure our Services.
When you visit or leave Comfortly Inc. sites or apps (whether as a User or Visitor) by clicking a hyperlink or when you view a plugin on a third-party site, we automatically receive the URL of the site from which you came or the one to which you are directed. Also, advertisers receive the URL of the page that you are on when you click an ad on Comfortly Inc.. We also receive the internet protocol (“IP”) address of your computer or the proxy server that you use to access the web, your computer operating system details, your type of web browser, your mobile device (including your mobile device identifier provided by your mobile device operating system), your mobile operating system (if you are accessing Comfortly Inc. using a mobile device), and the name of your ISP or your mobile carrier. We may also receive location data passed to us from third-party services or GPS-enabled devices that you have set up, which we use to show you local information on our mobile applications. Most mobile devices allow you to prevent real time location data being sent to Comfortly Inc., and of course Comfortly Inc. will honor your settings.
In the case of our Android apps, you will be provided notice of the types of data (e.g. location) that will be sent to us. If you choose to use our app after this notice, we process this data to enable registration or preview product features for you (e.g. jobs near you). If you choose not to become a User, we will delete this information.
We are constantly innovating to improve our Services, which means we may create new ways to collect information on the Services.
Comfortly Inc. is a dynamic, innovative environment, which means we are always seeking to improve the services we offer you. We often introduce new features, some of which may result in the collection of new information. Furthermore, new partnerships or corporate acquisitions may result in new features, and we may potentially collect new types of information.
2. HOW WE USE YOUR PERSONAL INFORMATION
2.1. CONSENT TO Comfortly Inc. PROCESSING INFORMATION ABOUT YOU
2.2. COMFORTLY INC. COMMUNICATIONS
We communicate with you using Comfortly Inc. messages, email, text messages, and other means available to us. We may send you messages relating to the availability of the Services, security, or other service-related issues. We also may send promotional messages to your Comfortly Inc. inbox. You can change your email settings at any time.
We communicate with you through email notices posted on the Comfortly Inc. websites or apps, messages to your Comfortly Inc. inbox, and other means available through the Services, including mobile text messages and push notifications. Examples of these communications include: (1) welcome and engagement communications - informing you about how to best use Comfortly Inc., new features, etc.; (2) service communications; these will cover service availability, security, and other issues about the functioning of Comfortly Inc.; (3) promotional communications; these include both email and messages delivered to your Comfortly Inc. inbox, and may contain promotional information. These messages will be sent to you based on your information in Comfortly Inc. and messaging preferences. Comfortly Inc. tracks the open rate of your emails and messages to provide your message acceptance score. You may change your email and contact preferences at any time by signing into your account and changing your email settings. You can also opt out of promotional emails and messages by sending a request to Comfortly Inc. Please be aware that you cannot opt out of receiving service emails from Comfortly Inc.
You give Comfortly Inc. permission to provide your information to an independent real estate agent or landlord to call the phone number you have provided to us, which may include your wireless number, and to leave you a prerecorded message using automated technology. You agree that this consent applies even if the number you have provided is currently on any state, federal, or corporate Do-Not-Call registry.
2.3. USER COMMUNICATIONS
With certain communications you send on Comfortly Inc., the recipient can see your name, email address, and some network information.
Many communications that you initiate through Comfortly Inc. (for example, sending a message to your property owner) may list your name and primary email address in the header of the email. Other communications that you initiate through the Services, like as maintenance request, will list your name as the initiator and will include your contact information. Once you have engaged with another individual, regardless of who sent the invitation, your contact information will be shared with that individual and that individual’s information will be shared with you.
2.4. CUSTOMIZED CONTENT
We use information that you provide to us to customize your experience and the experiences of others on Comfortly Inc.. We also use aggregated information to show you content, such as your rentals’ marketing performance compared to other rentals on the market.
2.5. SHARING INFORMATION WITH THIRD PARTIES
Comfortly Inc. offers an “agent profile” feature that allows Users to publish portions of their Comfortly Inc. profile to the public Internet. This agent profile will be indexed and displayed through public search engines when someone searches for your name. You may completely opt out of this feature in your Comfortly Inc. account settings. However, third-party search engines may not automatically update their caches, which may contain old agent profile information. Unless you delete them, your profiles on Comfortly Inc..com and our corresponding app are always viewable on the respective Services.
Any information you add to your agent profile, rental listings or any content you post on Comfortly Inc. may be seen by others. We don’t provide any of your non-public information (like your email address) to third parties without your consent, unless required by law, or as described in Section 2.10 of this Policy. Other people may find your Comfortly Inc. agent profile or rental listing through search engines.
Comfortly Inc. supports middleware providers that offer archiving solutions to firms subject to financial services regulation, which, with your permission, facilitate the archiving of your communications and other Comfortly Inc. activity by a third party for compliance purposes. Content distributed through Comfortly Inc.’s sharing features and third-party integrations may result in displaying some of your personal information outside of Comfortly Inc.. Further, Comfortly Inc. allows third parties to look up information (subject to your privacy settings) using your email address or first and last name information through its profile API.
User shall implement, and shall take measures to maintain, reasonable and appropriate administrative, technical, and physical security safeguards ("Safeguards") to (a) insure the security and confidentiality of non-public personal information; (b) protect against anticipated threats or hazards to the security or integrity of non-public personal information; and (c) protect against unauthorized access or use of non-public personal information that could result in substantial harm or inconvenience to any consumer.
When a consumer’s first name or first initial and last name in combination with a social security number, driver’s license or Identification Card Number, or account number, credit or debit card number, in combination with any required security code, access code, or password that would permit access to an individual’s financial account (“Personal Information”), is delivered to the User unencrypted, the User shall implement and maintain reasonable security procedures and practices appropriate to the nature of the information and to protect the Personal Information from unauthorized access, destruction, use, modification, or disclosure. User shall notify Comfortly Inc. in writing as soon as practicable but in no event later than forty-eight hours after which the User becomes aware of any potential and/or actual misappropriation of, and/or any unauthorized disclosures of, any information provided to the User by Comfortly Inc., including, but not limited to theft, loss or interception of Consumer Report Information, unauthorized use of the Users codes and passwords. User shall fully cooperate with Comfortly Inc. in any communications to consumers regarding the data incident and mitigating, to the extent practicable, any damages due to such misappropriation and/or unauthorized disclosure. Such cooperation shall include, but not necessarily be limited to, allowing Comfortly Inc. to participate in the investigation of the cause and extent of such misappropriation and/or unauthorized disclosure. Such cooperation shall not relieve User of any liability it may have as a result of such a misappropriation and/or unauthorized disclosure. Moreover, without Comfortly Inc.’s prior consent, User shall make no public notification, including but not limited to press releases or consumer notifications, of the potential or actual occurrence of such misappropriation and/or unauthorized disclosure of any such information provided to User.
You can search for agents, managers, rental opportunities, and information about rentals. We may use personal information from Comfortly Inc., including agent profiles and rental listings, to inform and refine our search service.
2.7. TENANT GROUPS
For applicants and tenants, you should be aware that any information you choose to disclose may be available to the respective landlord, manager, and tenants applying or living with you. Information supplied during the application and lease process may be read and viewed based on permission settings.
2.8. TESTIMONIALS PLACED THROUGH COMFORTLY INC. AFFILIATES
If you provide any testimonials about our services, we may post those testimonials with our promotion of these services on our website. Testimonials may include your name and other personal information that you have provided.
2.9. PAGES FOR RENTAL PROPERTIES
Rental properties are given a public page on Comfortly Inc..
Comfortly Inc. allows landlords, agents, and managers to create pages for their rental properties. These pages are public, and any communications or information shared through them will be accessible by the entity that created them. If you apply to the rental property, you will be listed among its applicants, with your information viewable by the landlord or managers. Comfortly Inc. may use aggregate information about applicants to provide data about its performance (for example, visits and application completeness).
2.10. COMPLIANCE WITH LEGAL PROCESS AND OTHER DISCLOSURES
2.11. DISCLOSURES TO OTHERS AS THE RESULT OF A CHANGE IN CONTROL OR SALE OF COMFORTLY INC.
2.12. SERVICE PROVIDERS
We may employ third parties to help us with the Services.
We may employ third party companies and individuals to facilitate our Services (e.g. maintenance, analysis, audit, marketing and development). These third parties have limited access to your information only to perform these tasks on our behalf and are obligated to
Comfortly Inc. not to disclose or use it for other purposes.
3. YOUR CHOICES & OBLIGATIONS
3.1. RIGHTS TO ACCESS, CORRECT, OR DELETE YOUR INFORMATION, AND CLOSING YOUR ACCOUNT
You can change your Comfortly Inc. information at any time by editing your profile, deleting content that you have posted, or by closing your account. You can also ask us for additional information we may have about your account.
You have a right to (1) access, modify, correct, or delete your personal information controlled by Comfortly Inc. regarding your profile, (2) change or remove your content, and (3) close your account. You can also contact us for any account information which is not on your profile or readily accessible to you. If you close your account(s), your information will generally be removed from the Service within 24 hours. We generally delete closed account information and will de-personalize any logs or other backup information within 30 days of account closure, except as noted below.
Please note: Information you have shared with others (for example, through email, messages, or content sharing) or that others have copied may also remain visible after you have closed your account or deleted the information from your own profile. In addition, you may not be able to access, correct, or eliminate any information about you that other Users copied or exported out of Comfortly Inc., because this information may not be in our control. Your agent profile may be displayed in search engine results until the search engine refreshes its cache.
3.2. DATA RETENTION
We keep your information for as long as your account is active or as needed. For example, we may keep certain information even after you close your account if it is necessary to comply with our legal obligations, meet regulatory requirements, resolve disputes, prevent fraud and abuse, or enforce this Agreement.
3.3. YOUR OBLIGATIONS
As a User, you have certain obligations to other Users. Some of these obligations are imposed by applicable law and regulations and others have become commonplace in communities of like-minded Users such as Comfortly Inc.:
You must not upload or otherwise disseminate any information that may infringe on the rights of others or which may be deemed to be injurious, violent, offensive, racist, or xenophobic, or which may otherwise violate the purpose and spirit of Comfortly Inc. and its community of Users.
You must keep your username and password confidential and not share it with others. You agree to notify Comfortly Inc. promptly of any unauthorized use of your account and of any loss, theft or disclosure of your password.
You must comply with the Fair Housing Act when posting property listings.
4. IMPORTANT INFORMATION
4.1. MINIMUM AGE
You have to meet Comfortly Inc.’s minimum age requirements to create an account.
We take privacy and security seriously and have enabled HTTPS access to our site (turn on HTTPS), in addition to existing SSL access over mobile devices. Also, please know that the Internet is not a secure environment, so be careful and select strong passwords.
We have implemented security safeguards designed to protect the personal information that you provide in accordance with industry standards. Access to your data on Comfortly Inc. is password-protected, and sensitive data (such as credit card information) is protected by SSL encryption when it is exchanged between your web browser and the Comfortly Inc. Services. We also offer secure https access to the the Comfortly Inc..com website. To protect any data you store on our servers, we also regularly monitor our system for possible vulnerabilities and attacks, and we use a tier-one secured-access data center. However, since the Internet is not a 100% secure environment, we cannot ensure or warrant the security of any information that you transmit to Comfortly Inc.. There is no guarantee that information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. It is your responsibility to protect the security of your login information. Please note that emails, instant messaging, and similar means of communication with other Users are not encrypted, and we strongly advise you not to communicate any confidential information through these means. Please help keep your account safe by using a strong password.
FALSE ACCOUNT & LISTING POLICY
Last revised on September 27, 2022
What should I do if I find a fake account or listing?
If you in good faith believe that content listed in the body of a member's profile or property listing is inaccurate or unlawful, then you may email us at firstname.lastname@example.org with the subject line “False Account” or “False Listing.” In the body of the email please include a link to the profile or listing.
Once you've sent the email, a Comfortly Inc. representative will review upon receipt.
Important Note: Any assertions made by you in submitting this form are under penalty of perjury. We may provide the contact information included in claims about inaccurate or unlawful profile or listing information, including email address, to the member that posted the allegedly inaccurate content. You can also find a link to our Copyright Policy at the bottom of our homepage which details Comfortly Inc.'s policies for handling these claims.
Last revised on September 27, 2022
COMPLAINTS REGARDING INTERACTIONS AND CONTENT POSTED ON THE COMFORTLY INC. WEBSITE
Please note that whether or not we disable access to or remove content, Comfortly Inc. may make a good faith attempt to forward the written notification, including the complainant’s contact information, to the User who posted the content and/or take other reasonable steps to notify the User that Comfortly Inc. has received notice of an alleged violation of intellectual property rights or other content violation. It is also our policy, in appropriate circumstances and in our discretion, to disable and/or terminate the accounts of Users, or groups as the case may be, who infringe or repeatedly infringe the rights of others or otherwise post unlawful content.
Please note that any notice or counter-notice you submit must be truthful and must be submitted under penalty of perjury. A false notice or counter-notice may give rise to personal liability. You may therefore want to seek the advice of legal counsel before submitting a notice or a counter-notice.
CLAIMS REGARDING COPYRIGHT INFRINGEMENT
NOTICE OF COPYRIGHT INFRINGEMENT:
Pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512), Comfortly Inc. has implemented procedures for receiving written notification of claimed infringements. If you believe in good faith that your copyright has been infringed, you may complete and submit a written communication which contains:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description specifying the location on our website of the material that you claim is infringing;
- Your telephone number and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please submit your notice by email to this address: email@example.com
If you believe that a notice of copyright infringement has been improperly submitted against you, you may submit a Counter-Notice, pursuant to Sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. You may provide a written communication which contains:
- Your physical or electronic signature;
- Identification of the material removed or to which access has been disabled;
- A statement under penalty of perjury that you have a good faith belief that removal or disablement of the material was a mistake or that the material was misidentified;
- Your name and telephone number, and a statement that you consent to the jurisdiction of the Federal District court (i) in the judicial district where your address is located if the address is in the United States, or (ii) located in the Northern District of California (San Mateo County), if your address is located outside the United States, and that you will accept service of process from the Complainant submitting the notice or his/her authorized agent.
Please submit your Counter-Notice to Comfortly Inc. via email to firstname.lastname@example.org.
CLAIMS REGARDING CONTENT OTHER THAN COPYRIGHT INFRINGEMENT
For issues other than copyright infringement please simply email email@example.com with any content that you wish to flag and report as being in violation. Learn more:
- Reporting Inappropriate Content, Messages, or Safety Concerns
- Comfortly Inc.'s Trademark Policy
- Comfortly Inc.'s False Account & Listing Policy
Notice regarding Associated Press content on Comfortly Inc.: Associated Press text, photo, graphic, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither these AP materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. Users may not download or reproduce a substantial portion of the AP material found on this web site. AP will not be held liable for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing.
Last revised on September 27, 2022
What should I do if another member posts infringing content?
If you in good faith believe that content posted by a member on our website infringes your intellectual property rights (other than copyright -- in which case please see Comfortly Inc.'s Copyright Policy) or is inaccurate or unlawful, you may contact us at firstname.lastname@example.org.
Important Note: Any assertions made by you when submitting this email are under penalty of perjury.
You can also find a link to our Copyright and Content Policies at the bottom of your homepage which details Comfortly Inc.'s policies for handling these claims.
FAIR HOUSING ACT (FHA)
Last revised on September 27, 2022
Equal Housing opportunity is Everyone's Right! Stating a discriminatory preference in a housing post is illegal.
When making any property listing on Comfortly Inc., you must comply with section 3604(c) of the Federal Fair Housing Act. This law generally prohibits stating, in any notice or rental of a dwelling, a discriminatory preference based on any of the following six protected categories:
- Race or Color
- National Origin
- Familial Status
- Handicap / Disability
The Fair Housing Act provides additional protections, and limited exceptions, that are explained in publications from the U.S. Department of Housing and Urban Development ("HUD") and the Department of Justice.
State and local laws often prohibit discrimination based on other factors (e.g. sexual orientation, age, marital status, or source of income). Please refer to the actual laws or your local Fair Housing center for more information of local laws.
You may report housing discrimination to HUD at 1-800-669-9777, or to a fair housing advocate near you.
If you encounter a housing posting on Comfortly Inc. that you believe violates the Fair Housing laws, please flag the listing by emailing email@example.com with the subject line “Flag for Removal”.
In addition to penalties that may be applied by regulatory agencies, attempts to post discriminatory ads may be blocked and/or subjected to other remedial measures.
By using Comfortly Inc., you agree to abide by the Fair Housing Laws relevant to your applicable jurisdiction. Comfortly Inc. hereby refers you to the following link, where you can find more information regarding Fair Housing and your legal rights.