These Terms & Conditions ("Terms") govern your use of Tenantly ("the Service"), operated by Tenantly LLC, a West Virginia limited liability company, ("we", "us", "our"). By creating an account or otherwise using the Service, you agree to these Terms.
1. The Service
Tenantly helps landlords screen rental applicants by analyzing documents (such as bank statements and pay stubs) with AI and producing a rental risk report. The Service is provided to you on a subscription or pay-as-you-go basis.
2. Eligibility & Authority
You must be at least 18 years old and, if you use the Service on behalf of an organization, you must have authority to bind that organization to these Terms. You must provide accurate information and keep your account credentials confidential. You are responsible for all activity under your account.
3. Acceptable Use
You agree not to:
- use the Service for any unlawful purpose, fraud, or spam;
- infringe the intellectual property or privacy rights of others;
- upload documents you do not have the legal right to process;
- attempt to interfere with the Service's security, probe or scan it, introduce malware, or scrape it in bulk;
- reverse engineer, resell, or redistribute the Service or its outputs in a way that competes with it;
- circumvent rate limits, plan limits, or other technical restrictions.
4. AI Outputs & Decisions
Tenantly uses AI to summarize documents and produce a risk score and recommendation. Outputs may be inaccurate or incomplete and are notlegal, financial, or tenancy advice. You are responsible for your own leasing decisions and for complying with all applicable fair-housing, consumer-reporting, anti-discrimination, and data-protection laws in your jurisdiction. You must verify outputs before relying on them and must not present AI outputs to applicants as a formal credit decision.
5. Not a Party to the Lease; No Broker, Agent, or Fiduciary Relationship
Tenantly is a software tool. We are not a party to any lease, rental agreement, license, or other contract between a landlord and a tenant or applicant. We are not a real-estate broker, leasing agent, property manager, attorney, lender, escrow agent, money transmitter, or fiduciary, and nothing in the Service creates such a relationship. We do not own, manage, rent, or guarantee any property or unit listed in the Service, and we do not select, approve, or reject tenants. All leasing decisions, lease terms, habitability obligations, security-deposit handling, eviction proceedings, repairs, and landlord-tenant compliance are solely between landlord and tenant. You are responsible for using your own lease, complying with all federal, state, and local landlord-tenant, fair-housing, rent-control, security-deposit, eviction moratorium, and licensing laws, and for retaining your own attorney where appropriate. Any lease templates, clauses, or sample language offered through the Service are informational only and are not legal advice.
6. Tenant Screening and FCRA Compliance
When you use the Service to request a tenant background, credit, criminal, or eviction report, that report is a “consumer report” under the federal Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. ("FCRA"). Reports are produced by an independent third-party consumer reporting agency ("CRA") — currently TransUnion Rental Screening Solutions, Inc. (operating SmartMove) — which is regulated as a CRA. Tenantly is not a consumer reporting agency, does not assemble or evaluate consumer credit information for the purpose of furnishing consumer reports to third parties, and the AI risk summaries we generate from documents you or your applicants upload are provided as informational tools to assist your own review, not as consumer reports.
By requesting a screening report through the Service, you certify that:
- You have a permissible purpose under FCRA § 604 — typically, you are evaluating the applicant in connection with a bona fide rental transaction the applicant initiated.
- You have obtained the applicant's written authorization before requesting the report and have provided any required disclosures.
- You will use the report only for the permissible purpose certified, will not resell or redisclose it, and will keep it confidential.
- If you take an adverse action (denial, requirement of a co-signer or higher deposit, different terms, etc.) based in whole or in part on information in the report or on an AI risk score derived from applicant-supplied documents, you will provide the applicant a compliant adverse action notice identifying the CRA, advising of the applicant's right to a free copy of the report and to dispute its accuracy, and containing the FCRA summary of rights.
- You will comply with all FCRA, state "mini-FCRA," fair-housing (including the federal Fair Housing Act and any state or local protected-class laws), source-of-income, criminal-history, ban-the-box, and disparate-impact rules that apply to your screening decisions.
You are solely responsible for your screening criteria, for how you weigh any report or AI output, and for issuing all required notices. We do not provide adverse-action notices on your behalf.
7. Payments — Tenantly Is Not a Bank, Escrow Agent, or Money Transmitter
Online rent payments are processed by Stripe, Inc. and, where applicable, its affiliates, using Stripe Connect. Funds for rent flow directly from the paying tenant to the landlord's Stripe-connected account; Tenantly does not take possession or custody of rent funds and does not hold, escrow, invest, or guarantee them. Tenantly charges a flat per-transaction platform fee. We are not a bank, money transmitter, payment processor, escrow agent, or trust company. Use of Stripe is also subject to Stripe's Connected Account Agreement and Services Agreement. You are responsible for refunds, chargebacks, disputes, late fees, returned-payment fees, and any applicable landlord-tenant rules about how rent must be collected or receipted.
8. Intellectual Property
We retain all right, title, and interest in the Service, including its software, models, documentation, and branding. We grant you a limited, non-exclusive, non-transferable right to use the Service within the plan you have purchased. You retain ownership of the documents and content you upload; you grant us a limited license to host, process, and analyze that content solely to provide the Service to you.
9. Service Level
We work to keep the Service available and accurate but do not guarantee uninterrupted or error-free performance. To the fullest extent permitted by law, we disclaim all implied warranties, including merchantability and fitness for a particular purpose.
10. Payments, Subscriptions & Refunds
Subscription and platform fees are billed through our payments provider. Refunds are handled under our Refund Policy. You are responsible for any taxes associated with your use of the Service other than taxes on our net income.
11. Suspension & Termination
We may suspend or terminate your access to the Service for material breach of these Terms, non-payment, security or fraud risk, or repeated or serious policy violations. You may cancel your subscription at any time; you will retain access until the end of your paid billing period.
12. Disclaimer of Warranties
THE SERVICE, ALL REPORTS, AND ALL AI OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, OR COMPLETENESS. WE DO NOT WARRANT THAT ANY APPLICANT INFORMATION, DOCUMENT, RISK SCORE, OR THIRD-PARTY REPORT IS ACCURATE, CURRENT, OR SUITABLE FOR ANY PARTICULAR DECISION.
13. Limitation of Liability
To the fullest extent permitted by law, our aggregate liability arising out of or in connection with the Service is limited to the greater of (a) the fees you paid us in the 12 months preceding the event giving rise to the claim or (b) US$100. We are not liable for indirect, incidental, consequential, special, exemplary, or punitive damages, including loss of profits, rent, data, business, goodwill, or for any claim arising out of a tenant's conduct, non-payment, property damage, holdover, eviction, or any landlord-tenant dispute. Nothing in these Terms excludes liability for fraud, death, or personal injury where such exclusion is prohibited by law.
14. Indemnification
You agree to defend, indemnify, and hold harmless Tenantly LLC, its members, officers, employees, contractors, and affiliates from and against any and all claims, damages, losses, liabilities, judgments, fines, settlements, and expenses (including reasonable attorneys' fees) arising out of or relating to: (i) your use of the Service; (ii) your leasing, screening, or rent-collection decisions; (iii) your violation of FCRA, fair-housing, landlord-tenant, consumer-protection, or other applicable law; (iv) your violation of these Terms; (v) any content you upload or transmit; or (vi) any dispute between you and a tenant, applicant, co-owner, lender, or government agency.
15. Dispute Resolution; Arbitration; Class-Action Waiver
Any dispute, claim, or controversy arising out of or relating to these Terms or the Service that is not resolved informally within 30 days will be resolved by binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, seated in Kanawha County, West Virginia, with judgment on the award entered in any court of competent jurisdiction. You and Tenantly each waive any right to a jury trial and to participate in a class, collective, or representative action. Either party may bring an individual action in small-claims court or seek injunctive relief in court to protect intellectual property or confidential information. If this Section is held unenforceable, the remainder of these Terms will continue in effect.
16. Changes
We may update these Terms from time to time. Continued use of the Service after changes take effect constitutes acceptance of the new Terms.
17. Governing Law
These Terms are governed by the laws of the State of West Virginia, without regard to its conflict-of-law principles. Subject to Section 15, the state and federal courts located in Kanawha County, West Virginia have exclusive jurisdiction over any matter not subject to arbitration.
18. Contact
Questions about these Terms? Contact Tenantly LLC through the support channels listed in the Service.