RoostEasy Terms & Conditions

Last updated: March 31, 2020

Thank you (“Tenant” “you” or “your”) for visiting RoostEasy Inc.’s website, located at www.roosteasy.com (the “Website” or “Site”). These terms of service (“Terms”) governs your access to, and use of, the Site and Platform (as defined below) as well as the services that are offered by RoostEasy Inc. (“RoostEasy” “we” “our” or “us”).

By accessing or using our Website, you also agree to and accept RoostEasy’s Terms (available at www.roosteasy.com/terms) and our privacy policy (available at www.roosteasy.com/privacy) (“Privacy Policy”). If you do not agree to any of the provisions contained in the Terms or our Privacy Policy, please do not use the Website or Services (as defined below).

1.       SERVICES

To eliminate the need for tenants to pay a security deposit for residential rentals, RoostEasy offers an automated screening protocol and contractual pre-authorized billing services (“Security Replacement Services”) through its platform (the “Platform”), accessible through the Website.

Residential properties are only eligible for Security Replacement Services if the property’s landlord and/or building management agency (“Landlord”) has entered into an agreement with RoostEasy to offer these services for that particular property (“Eligible Property”). When signing a lease with a Landlord for an Eligible Property, the prospective tenant will be notified that instead of paying a security deposit in the amount that the Landlord would have required for the rental unit (“Deposit Replacement Value”), they can sign up through RoostEasy’s Platform for Security Replacement Services.

If you are a current tenant in an Eligible Property, who already has a signed lease, and has no current damages to your rental unit, you may be eligible to receive back your security deposit from your Landlord by registering for the “ReturnEasy Deposit Program” through RoostEasy (“ReturnEasy Deposit Program”, together with Security Replacement Services, the “Services”).

To be eligible for the Services, a prospective tenant must complete registration on the Platform, which requires submitting an online application and meeting RoostEasy’s approval criteria (which may be updated from time to time).

2.       USER REGISTRATION AND USE OF SITE

a.       Registration

To be eligible for RoostEasy’s Services, you must be approved after registering a user profile, and linking a valid bank account and credit card account (“Linked Accounts”).  By creating a user profile on RoostEasy’s Platform to access RoostEasy’s Services, you represent and warrant that:

i.      All information that you submit to RoostEasy is truthful, accurate, and not misleading, and that you are the account owner of the Linked Accounts that you submit;

ii.      If any information that you have provided to RoostEasy materially changes, including all bank accounts and credits cards associated as your Linked Accounts, and/or your user profile is no longer accurate, you will update your profile in a timely manner.

RoostEasy shall have the right to suspend and or terminate your use of the Services if it discovers or reasonably suspects that you have violated this section.

b.       Use of Site

By using RoostEasy’s Website to access RoostEasy’s Services, you agree not to and agree not to assist, encourage or enable others to:

i.      Act dishonestly or inappropriately, such as inputting or posting any false, inaccurate, or misleading information;

ii.      Using the Website in a manner inconsistent with any and all applicable laws and regulations;

iii.      Violate any user’s or third party's rights or privacy, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;

iv.      Register a profile for anyone other than yourself (a real person), register Linked Accounts that are fake or not owned by you, and will not impersonate anyone else or misrepresent yourself;

v.      Use or attempt to use another user’s account;

vi.      Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, attempt to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms, publicly display, sell, trade, or in any way exploit the Services or Platform, except as expressly authorized by RoostEasy;

vii.      Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on RoostEasy’s technology infrastructure or otherwise make excessive traffic demands of the Services (including disabling, overburdening, or impairing the proper working or appearance of RoostEasy, such as a denial of service attack or interference with page rendering or other RoostEasy functionality);

viii.      Attempt to gain unauthorized access to the Services, user accounts, computer systems or networks connected to the Services through hacking, password mining or any other means;

ix.      Attempt to create a substitute or similar service through use of, or access to, the Services;

x.      Use any device, software or routine that interferes with the proper working of the Services, or otherwise attempt to interfere with the proper working of the Services;

xi.      Monitor the Services' availability, performance, functionality, or anything else mentioned in this section 2(c) for any competitive purpose; or

xii.      Override any security feature of the Services

3.       INTELLECTUAL PROPERTY RIGHTS

a.       Copyright

All design, text, graphics, logos, button icons, images, audio and video clips, the selection and arrangement thereof, and all software on the Site and Platform is the intellectual property of RoostEasy.  The compilation (meaning the collection, arrangement and assembly) of all content on the Site and Platform are the exclusive property of RoostEasy and protected by U.S. and international copyright laws. All software used on the Site and Platform are the property of RoostEasy or its software suppliers and is protected by U.S. and international copyright laws. Permission is granted to print in hard copy portions of the Site and Platform for the sole purpose of using the Services. Any other use of materials on the Site and Platform - including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance - without the prior written permission of RoostEasy is strictly prohibited.

b.       Trademark

Roosteasy.com, all subdomains containing RoostEasy, and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of RoostEasy and may not be used in connection with any product or service that is not offered by RoostEasy, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits RoostEasy. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

4.       THIRD PARTY SERVICES AND CONTENT

The Website may include links to other websites or applications (each, a “Third Party Sites”).  Links to these Third Party Sites does not imply any control or endorsement of any Third Party Sites. You agree that we are not responsible for the availability or contents of such Third Party Sites.

Some of the services made available through the Services may be subject to additional third party or open source licensing terms and disclosures.  You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

5.       THIRD PARTY PAYMENT PROCESSING SERVICES

a.       Stripe

Some payment processing services for RE Tenants when using the Services are provided by Stripe (www.stripe.com) and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to this Agreement or continuing to use the Services, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of RoostEasy enabling payment processing services through Stripe, you agree to provide RoostEasy accurate and complete information about you and/or your business, and you authorize RoostEasy to share it, and transaction information, related to your use of the payment processing services provided by Stripe.

b.       Plaid

RoostEasy utilizes the services of Plaid (www.plaid.com) in order to verify Tenant’s bank account and to access Tenant’s bank account current balance and transaction history (the “Plaid Service Data”). By agreeing to this Agreement or continuing to use the Services, you agree to be bound by the Plaid Services Agreement, which may be modified by Plaid from time to time. You hereby expressly grant Plaid the right, power and authority (acting on your behalf) to access and transmit the Plaid Service Data as reasonably necessary for Plaid to provide this service to you.

c.       Other Payment Processors

RoostEasy may change Payment Processors from time to time, or utilize the services of more than one Payment Processor at any time. When onboarding a new Payment Processor, additional information may be required from you to set up an account and effectuate payments via new Payment Processors. You agree to cooperate in providing any information required by the Payment Processors.  If a new Payment Processor is utilized, you will be provided a copy of their terms of service, and at that time, in order to continue using the RoostEasy Services, you will need to agree to be bound by the terms of service of that new payment processor as well.  Such new Payment Processor may require you to review and formally consent to their terms of service.

If you do not consent to any new Payment Processors’ terms of service, RoostEasy may terminate your use of the Services and notify your Landlord that the Services have been terminated. In such instance, you will not be entitled to a refund and the Landlord may require you to submit a security deposit pursuant to your lease.

6.       TERMINATION

If RoostEasy terminates or suspends your user account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. If RoostEasy terminates or suspends your right to use the Services for any of these reasons, you will not be entitled to any refund. In addition to terminating or suspending your account, RoostEasy reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Even after your right to use the Service is terminated or suspended, the Terms will remain enforceable against you.

All sections which by their nature should survive the expiration or termination of the Terms shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of these Terms.

7.       DISPUTES

You will attempt to resolve any claim, cause of action, or dispute (claim) you have with us arising out of or relating to these Terms, first through negotiation with RoostEasy, and if unresolved with RoostEasy, then exclusively in the United States District Court for the Southern District of New York or state court located in New York County in the State of New York, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of the State of New York will govern these Terms, as well as any claim that might arise between you and us, without regard to conflict of law provisions.

8.       DISCLAIMERS AND LIMITATIONS OF LIABILITY

a.       Disclaimers:

PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF ROOSTEASY TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS, PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING THE SITE OR PLATFORM.

BY ACCESSING OR USING THE SITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION.

THE SITE AND PLATFORM IS MADE AVAILABLE TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS. AS SUCH, YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK. ROOSTEASY MAKES NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SITE, ITS SAFETY OR SECURITY, OR THE SITE CONTENT. ACCORDINGLY, ROOSTEASY SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SERVICES’ INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS, REVIEWS (INCLUDING THEIR CONTENT, ORDER, AND DISPLAY), OR METRICS FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE SERVICES.

ROOSTEASY MAKES NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES OR ADVERTISERS LISTED ON THE SITE, OR THE SITE'S USERS, OR PAYMENT PROCESSORS, THEIR ACTIONS OR OMISSIONS.

ROOSTEASY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SITE, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

b.       Limitations of Liability

IN NO EVENT SHALL ROOSTEASY OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF ROOSTEASY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ROOSTEASY’S LIABILITY TO YOU WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, WILL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "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 SETTLEMENT WITH THE DEBTOR."

9.       INDEMNITY

You agree to indemnify and hold RoostEasy, its affiliated entities, subsidiaries, its suppliers, service providers and partners and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns, harmless from any claims, suits, actions, costs, expenses, losses, damages, liabilities, including attorneys’ fees, arising out of or in connection with any violation of these Terms , violation of the rights of any other person or entity, or any breach of your representations, warranties, and covenants set forth in these Terms.

 10.   NOTICES

Except as explicitly stated otherwise, legal notices will be served, with respect to RoostEasy shall be given to the email address listed in the “Contact Us” section below, and, with respect to you, to the email address you provide to RoostEasy during the registration process. Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice will be deemed given three days after the date of mailing.

11.   ELECTRONIC CONTRACTING

You acknowledge and agree that you accept the terms and conditions set forth in these Terms. You acknowledge that any electronic submissions by you on the Site or Platform constitute your agreement and intent to be bound by the agreement to which you are signing. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, ELECTRONIC AGREEMENT, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SITE, THE PLATFORM, OR SERVICES OFFERED BY ROOSTEASY. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.

12.   MISCELLANEOUS

a.       Changes to This Agreement

RoostEasy reserves the right to change or modify any of the terms and conditions contained in these Terms from time to time. Any such modification will be effective upon our posting of new provisions to the Terms. For any material changes to the Terms, we will take reasonable steps to notify you of such changes, via a banner on the website, email notification, another method, or combination of methods. In all cases, your continued use of the Site, Platform, or Services after publication of such changes, with or without notification, constitutes binding acceptance of the revised Terms. We will indicate within the Terms the date of the most recent revisions.

If you do not agree with these changes or modifications, you must immediately cease using the Site and Platform.

b.       Not a Consumer Reporting Agency

In addition, you acknowledge and agree that RoostEasy is neither a “consumer reporting agency” nor a “furnisher” of information to consumer reporting agencies under the Fair Credit Reporting Act (“FCRA”) and the information we receive from our third party partners is not a “consumer report” under FCRA and cannot be used as or in such.

13.   CONTACT US

Email: info@roosteasy.com

You can also contact us at:

RoostEasy Inc.

P.O. Box 598

Ardsley, NY 10502