Terms of Service

These Terms are a binding agreement between you and Compubility, LLC(“Compubility”, “we”, “us”), which operates the Dwellings property-management platform (“Dwellings”, the “service”). By using the service you agree to them.

Eligibility & accounts

You must be at least 18 and able to form a binding contract. You are responsible for your account, for keeping your login secure, and for activity under your account.

The service

Dwellings provides software for managing rental properties — listings, leases, maintenance, messaging, and rent payments. Dwellings is a technology provider and is not a party to any lease or rental agreement between owners and tenants, is not a landlord, broker, or property manager, and does not provide legal, tax, or financial advice.

Acceptable use

• Don’t use the service unlawfully or to infringe others’ rights.
• Don’t upload malicious content, attempt to breach security, or disrupt the service.
• Provide accurate information and keep it current.

Payments

Rent and other payments are processed through our payment processor (Stripe). By initiating a bank (ACH) payment you authorize the described debit(s) under the mandate presented at the time of payment. You are responsible for having sufficient funds; returned or failed payments, chargebacks, and any resulting fees are your responsibility. Where a convenience fee applies to an optional payment method (e.g. card), it will be disclosed before you confirm.

Owner subscription plans are billed as described at sign-up. Fees are non-refundable except where required by law.

Rent collection: we collect on the owner’s behalf

Appointment.If you are an owner, you appoint Compubility, LLC as your limited agent for the sole purpose of receiving, processing and remitting rent and other sums a resident owes you under a lease (“resident payments”), and we accept that appointment. It covers collecting and processing resident payments and nothing else: it gives us no authority to lease, manage, enter, market, or make any decision about a unit, a resident, or a lease. We do not become a party to any lease, we are not a landlord or an escrow agent, and we do not hold resident payments in trust. You remain solely responsible for every obligation of the landlord under the lease and under applicable law.

Holding out. You authorize and direct us to hold ourselves out to your residents as authorized to accept resident payments on your behalf. You will not tell a resident that paying through Dwellings is unauthorized or ineffective, and you will not require a resident who has paid through Dwellings to pay again.

Paying us is paying your landlord.When a resident pays through Dwellings, the rent is treated as paid to the owner at the moment we or our payment processor receive it, whether or not we have yet passed the funds on. From that moment the resident owes the owner nothing further for that amount, and the owner must credit them accordingly — no late fee, notice to quit, eviction, or delinquency report in respect of a payment we have received. This does not apply where the resident’s own bank or card issuer reverses the payment, for example a return for insufficient funds: in that case the money was never really paid.

If we fail to pass the money on.A resident carries no risk of loss from any failure by us to remit. We will indemnify an owner against loss arising from our failure to remit resident payments we actually received, excluding amounts reversed, charged back, returned or otherwise recalled by a resident’s bank or card issuer, and excluding amounts withheld or offset under these Terms.

If a resident’s bank later reverses a payment.A bank can return or reverse a completed payment after the fact — an ACH return can arrive up to 60 days after the debit — and when that happens the funds are pulled back from us. If we had already paid that money on to you, it is money you received and now owe back: it was never really the resident’s payment. We recover it by reducing your next payout — or, if one payout is not enough, later payouts until it is repaid — by the returned amount. This is a recovery of your own funds, not a charge or a fee, and it is shown in your payout and incident records. You remain responsible to your resident for the underlying rent, which is now unpaid, and you may pursue it as you would any other unpaid rent.

Rent is charged with the owner as the merchant of record: the payment is made on the owner’s behalf and settles to the owner’s connected Stripe account. Once that account can supply one, the owner’s own business name — not ours — is what appears on the resident’s bank statement.

Owner and tenant responsibilities

Owners and tenants are solely responsible for their rental relationship, including the terms of their lease, compliance with applicable landlord-tenant, fair-housing, and consumer-protection laws, deposits, disclosures, and dispute resolution between them. Dwellings does not verify the accuracy of user-provided listings, leases, or payment elections.

Disclaimers

The service is provided “as is” and “as available” without warranties of any kind, to the fullest extent permitted by law.

Limitation of liability

To the maximum extent permitted by law, Dwellings will not be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits or data. Specific caps and carve-outs to be set by counsel.

Indemnification

You agree to indemnify Dwellings against claims arising from your use of the service or your violation of these Terms or of applicable law.

Termination

You may stop using the service and delete your account at any time. We may suspend or terminate access for violations of these Terms or to protect the service and its users.

Governing law & disputes

Governing law, venue, and any arbitration/class-action-waiver terms are to be finalized by counsel before launch.

Changes

We may update these Terms; material changes will be reflected by updating the “Last updated” date and, where appropriate, by additional notice. Continued use after changes means you accept them.

Privacy

Our Privacy Policy explains how we handle your information and is incorporated into these Terms by reference.

Contact

Questions? Email support@getdwellings.com.