Terms of Use for Loftly
Effective Date: 05/20/2024
Introduction
These Terms of Use (“Terms”) govern your use of our websites, mobile applications, and related services (collectively, “Services”). By accessing or using the Services, you signify your agreement to be bound by these Terms and acknowledge compliance with applicable laws.
Acceptance of Terms
By using Loftly, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use our Services.
Changes to Terms
Loftly reserves the right to update or modify these Terms at any time. Changes will become effective immediately upon posting to our Services, and your continued use of the Services after such posting will constitute your acceptance of and agreement to such changes. We recommend reviewing these Terms periodically for any updates or changes.
Eligibility
You must be at least 18 years of age to use Loftly. By agreeing to these Terms, you represent and warrant that you are legally capable of entering into binding contracts.
User Account
Registration: You must register for an account to access certain features of our Services. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
Security: You are responsible for safeguarding the password that you use to access our Services and for any activities or actions under your account. Loftly cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
Identity Verification: Loftly may require identity verification for both hosts and subtenants. You authorize Loftly to make any inquiries necessary to validate your identity and comply with applicable laws.
Prohibited Activities
You agree not to engage in any of the following prohibited activities:
- Violating any local, state, or federal laws or regulations.
- Engaging in fraudulent, deceptive, or misleading practices.
- Harassing, threatening, or discriminating against other users.
- Posting false, inaccurate, or misleading information.
- Using the Services for any illegal or unauthorized purpose.
User Content and Conduct
You are responsible for all content that you post, upload, or otherwise make available through the Services, including listings, reviews, and messages. You agree to provide content that is accurate, lawful, and respectful. Loftly reserves the right to remove any content that violates these Terms.
Subleasing Terms
Sublease Agreements: Subleases facilitated through Loftly are binding agreements between the sublessor (the original tenant) and the sublessee (the new tenant). Loftly acts as a platform to connect parties but is not a party to any sublease agreements.
Compliance with Laws: Users agree to comply with all local, state, and federal laws applicable to subleasing and rental agreements.
Responsibility: It is the responsibility of both the sublessor and sublessee to ensure that the terms of the sublease comply with all conditions set forth in the original lease agreement with the property owner or management.
Contracts: Loftly issues sublease contracts for both parties to sign. These contracts detail the terms of the sublease and are legally binding once signed.
Host Responsibilities
Hosts are responsible for:
- Maintaining the property in good and safe condition.
- Ensuring the property meets all applicable safety standards and regulations.
- Accurately representing the property in listings, including all amenities, rules, and restrictions.
Guest Responsibilities
Guests are responsible for:
- Respecting the property and adhering to house rules.
- Reporting any damages or issues to the host promptly.
- Leaving the property in the same condition as when they arrived.
Definition of “Month”
For billing and payment purposes on Loftly, a “month” is defined as 30 consecutive nights. When a user pays for a month, they are paying for 30 nights. This definition is consistently applied across all transactions to avoid misunderstandings regarding the duration of the stay and to ensure fairness when prorating for partial months.
Cancellation Policy
Before Move-In Date:
- For cancellations made more than three weeks before the start date, a refund will be issued, minus a $250 fee payable to the host.
- For cancellations made less than three weeks before the start date, a $750 fee will be deducted from the refund and paid to the host.
After Move-In Date:
- Once the move-in date has passed, you will be required to pay the full month’s rent for the 30-night period that has begun, but you will be eligible for a full refund for the remaining payment. The amount refunded will be determined by Loftly based on the duration of your stay at the property.
Security Deposit Refunds
Security deposit refunds are determined based on the condition of the property upon the end of the sublease. In case damage is reported, Loftly oversees the dispute and hears evidence from both sides before determining reasonable deductions. If the damage exceeds the security deposit, the host is responsible for obtaining the additional amount from the subtenant; Loftly has no responsibility in this matter.
Payment Management
Loftly manages the payments from the subtenant and distributes them to the host manually. All transactions are processed through Loftly’s secure payment system. You agree to provide accurate payment information and to promptly inform Loftly of any updates to this information as necessary.
Insurance and Liability
Loftly may provide certain insurance or liability coverage for users, subject to specific terms and conditions. Users are encouraged to review these terms and obtain additional insurance coverage if necessary.
Privacy and Data Protection
Loftly is committed to protecting your privacy and personal information. Our Privacy Policy, which outlines our data protection practices, is incorporated by reference into these Terms.
Links to Other Websites
Our Services may contain links to third-party websites or services that are not owned or controlled by Loftly. Loftly assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services.
Termination
We may terminate or suspend your account and bar access to the Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
Disclaimers
Loftly provides the Services on an “as is” and “as available” basis. Loftly does not guarantee the accuracy or timeliness of information available from the Services and hereby disclaims all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
Limitation of Liability
In no event will Loftly, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the Services.
Indemnification
You agree to defend, indemnify, and hold harmless Loftly and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
Tax Obligations
Hosts and subtenants are responsible for understanding and complying with any tax obligations applicable to their use of the Services. Loftly may provide certain information and guidance, but it is the user’s responsibility to ensure compliance with all tax laws and regulations.
Governing Law
These Terms shall be governed and construed in accordance with the laws of Delaware, without regard to its conflict of law provisions.
Arbitration
In the event of any dispute, claim, question, or disagreement arising from or relating to these Terms or the breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If they do not reach such solution within a period of 60 days, then, upon notice by either party to the other, all disputes, claims, questions, or differences shall be finally settled by arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
Contact Us
If you have any questions about these Terms, please contact us at support@loftly.io.