Terms of Use

4. Restriction on Transfer

You may not rent, lease, lend, sublicense, assign, or transfer the Application, this License, or any of the rights or obligations granted or imposed hereunder. We may assign or transfer this License, in whole or in part, and any of Our rights or obligations hereunder without your consent, including to an affiliate or in connection with a merger, acquisition, reorganization, sale of assets, or operation of law. Any attempted assignment or transfer by you in contravention of this provision shall be null and void and of no force or effect.

5. Use of Information

5.1 Consent to Use Information

You hereby authorize and consent to the collection, storage, and use, by Us and Our affiliates, partners, licensors and agents, of any information and data related to or derived from your use of the Application, and any information or data that you provide to Us and Our affiliates, partners, licensors and agents (“Collected Information”).

5.2 Privacy Policy

You acknowledge and agree that your use of the Application is subject to Our Privacy Policy, which sets forth and describes Our practices with respect to the collection, use and disclosure of Collected Information in connection with your use of the Application. We reserve the right to change the provisions of Our Privacy Policy at any time and from time to time at Our sole discretion. We will post any changes to Our Privacy Policy on the Privacy Policy page. Your use of the Application following the posting of such changes to the Privacy Policy will constitute your acceptance of any such changes.

6. Third-Party Content and Services

6.1 General

You acknowledge that the Application may permit access to data, information, materials, products or services created or provided by content partners, licensors, vendors and other third parties (“Third-Party Content and Services”).

6.2 Disclaimer

You acknowledge that We do not investigate, monitor, make representations regarding, or endorse the Third-Party Content and Services (including any third-party websites available through the Application). Furthermore, your access to and use of the Third-Party Content and Services is at your sole discretion and risk, and We and Our affiliates, partners, suppliers and licensors shall have no liability to you arising out of or in connection with your access to and use of the Third-Party Content and Services. We hereby disclaim any representation, warranty or guaranty regarding the Third-Party Content and Services, whether express, implied or statutory, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose, and any representation, warranty or guaranty regarding the availability, quality, reliability, features, appropriateness, accuracy, completeness, or legality of the Third-Party Content and Services.

6.3 Third-Party Terms of Service

You acknowledge and agree that your access to and use of the Third-Party Content and Services, and any correspondence or business dealings between you and any third party identified through your use of the Application, are governed by and require your acceptance of the terms of service of such third party, including, without limitation, any terms, privacy policies, conditions, representations, warranties or disclaimers contained therein. Furthermore, you acknowledge and agree that the Third-Party Content and Services and any related third-party terms of service are subject to change by the applicable third party at its sole discretion and without any notice. You assume all risks arising out of or resulting from conducting business over the Internet or with any third party, and you agree that We and Our affiliates, partners, suppliers and licensors are not responsible or liable for any loss arising from the presence of information about or links to such third parties. Furthermore, you acknowledge and agree that you are not being granted a license to (i) the Third-Party Content and Services; or (ii) any copyright, trademark, patent or other intellectual property right in the Third-Party Content or Services or any products, services, processes or technology described or offered therein.

6.4 Endorsements

You acknowledge and agree that the provision of access to any Third-Party Content and Services shall not constitute or imply any endorsement by Us or Our affiliates of such Third-Party Content and Services. We reserve the right to restrict or deny access to any Third-Party Content and Services otherwise accessible through the Application, although We have no obligation to restrict or deny access even if requested by you.

6.5 Inappropriate Materials

You understand that by accessing and using the Third-Party Content and Services, you may encounter information, materials and subject matter (i) that you or others may deem offensive, indecent, or objectionable; (ii) which may or may not be identified as having explicit language; and (iii) that may automatically and unintentionally appear in search results, as a link or reference to objectionable material. Notwithstanding the foregoing, you agree to use Third-Party Content and Services at your sole risk and that We and Our affiliates, partners, suppliers and licensors shall have no liability to you for information, material or subject matter that is found to be offensive, indecent, or objectionable.

7. Term and Termination

This License shall be effective until terminated. We may, in Our sole and absolute discretion, at any time and for any or no reason, suspend or terminate this License and your access to the Application with or without prior notice. Furthermore, if you fail to comply with any terms and conditions of this License, then this License and any rights afforded to you hereunder shall terminate automatically, without any notice or other action by Us. Upon the termination of this License, you shall immediately cease all access to and use of the Application.

8. Disclaimer of Warranties

8.1 General Disclaimer

You acknowledge and agree that the Application is provided on an “as is” and “as available” basis, and that your use of or reliance upon the Application and any Third-Party Content and Services accessed thereby is at your sole risk and discretion. We and Our affiliates, partners, suppliers and licensors hereby disclaim any and all representations, warranties and guaranties regarding the Application and Third-Party Content and Services, whether express, implied or statutory, and including, without limitation, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Furthermore, We and Our affiliates, partners, suppliers and licensors make no warranty that (i) the Application or Third-Party Content and Services will meet your requirements; (ii) the Application or Third-Party Content and Services will be uninterrupted, accurate, reliable, timely, secure or error-free, including any calculations performed by the Application (although We may, but are not required to, notify affected users via in-app messages and/or email of outages, as well as when service is restored); (iii) the quality of any products, services, information or other material accessed or obtained by you through the Application will be as represented or meet your expectations; or (iv) any errors in the Application or Third-Party Content and Services will be corrected. No advice or information, whether oral or written, obtained by you from Us or from the Application shall create any representation, warranty or guaranty. Furthermore, except as expressly agreed by Us in writing, you acknowledge that We do not guarantee that any errors will be corrected or that any particular level of support, maintenance or updates will be provided for the Application. We do not intend to provide any legal, financial or investment advice. The Application may contain or deliver information on the current or prospective financial condition of real estate properties, but We caution that there are various important factors, including, without limitation, legislative and regulatory initiatives, political and economic conditions and developments, financial and real estate market conditions, the ability or inability to obtain financing, and interest rates and interest rate changes, that could cause actual results to differ materially from those indicated in the information delivered via the use of the Application. Accordingly, there can be no assurance that such indicated results will be realized. The Application also provides information based upon the input of data by the user, and the Application does not provide for verification of due diligence regarding the information submitted by the user. Accordingly, there can be no assurance that such user-provided information is accurate or that the indicated results based upon user input will be realized.

8.2 Reports Disclaimer

You acknowledge and agree that all property reports created or provided by the Application shall be subject to the following disclaimer whether the disclaimer is attached to the report or removed from the report as part of the report formatting options provided through the Application:

“Reports are provided solely for general business information purposes. No advisory, fiduciary or other relationship is created by any acceptance or use of Reports. The inclusion of Reports with any other materials does not constitute an endorsement by RentCast of any third party or any third-party’s products or services. The projected valuation, financial and investment return information, conclusions and other information contained in Reports are based upon methodologies tested for accuracy. However, such information and conclusions are not definitive forecasts, appraisals or opinions of value. All such information and conclusions are probabilistic and are based on market factors and information submitted to RentCast, and such information and conclusions are not guaranteed by RentCast and should not be construed as a certified appraisal or valuation, or investment advice. RentCast uses or has used public and/or confidential data and assumptions provided to RentCast by third parties, and RentCast has not independently verified the data and assumptions used in these analyses or data sets. Attributes for properties may be inaccurate because county assessor and property data records do not always include recent additions and/or modifications to property structures. Changes in the underlying data or operating assumptions, or any loss of access to one or more sources will clearly impact the analyses, information and conclusions set forth in Reports.”

9. Limitation of Liability

To the maximum extent permitted by applicable law, under no circumstances shall We or Our affiliates, partners, suppliers or licensors be liable for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with your access to or use of, or inability to access or use, the Application and any Third-Party Content and Services, including, without limitation, damages incurred by relying upon the Application when making real estate purchasing or investment decisions, whether or not the damages were foreseeable and whether or not We were advised of the possibility of such damages. Without limiting the generality of the foregoing, Our aggregate liability to you (whether under contract, tort, statute or otherwise) shall not exceed the amount of five hundred United States Dollars (US $500.00). The foregoing limitations will apply even if the above stated remedy fails to its essential purpose.

10. Indemnification

You shall indemnify, defend and hold harmless Us and Our affiliates, partners, suppliers and licensors, and each of Our and their respective officers, directors, agents and employees from and against any claim, proceeding, loss, damage, fine, penalty, interest and expense (including, without limitation, fees for attorneys and other professional advisors) arising out of or in connection with the following: (i) your access to or use of the Application or Third-Party Content and Services; (ii) your breach of this License; (iii) your violation of law; (iv) your negligence or willful misconduct; or (v) your violation of the rights of a third party, including your infringement of any intellectual property rights or your misappropriation of any proprietary right or trade secret of any person or entity. These obligations will survive any termination of the License.

11. Compatibility

We do not warrant that the Application will be compatible or interoperable with your devices, web browsers, operating systems, software, hardware, networks, or other systems or infrastructure. Furthermore, you acknowledge that compatibility and interoperability problems can cause diminished performance or failure and may result in the loss or corruption of data, software or files. You acknowledge and agree that We and Our affiliates, partners, suppliers and licensors shall have no liability to you for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.

12. Product Claims

You acknowledge that you (not Us) are responsible for addressing any third-party claims relating to your access to or use of the Application, and agree to notify Us of any third-party claims relating to the Application of which you become aware. Furthermore, you hereby release Us from any liability resulting from your access to or use of the Application, including, without limitation, the following: (i) any product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation.

13. Subscriptions and Billing

13.1 Subscription Service

Access to certain features and services provided by the Application may require an active, recurring, auto-renewing subscription (“Subscription”). We reserve the right to (i) modify the features and services included in each Subscription; (ii) modify the recurring cost of each Subscription; and (iii) terminate any Subscription at any time, at Our sole discretion and with or without prior warning or notice.

13.2 Payment Authorization

Your provision of a payment source to Us or to third-party service(s) engaged by Us for the processing of payments (“Payment Processors”) and your activation of a Subscription shall act as your payment instruction and your authorization for Us or Our Payment Processors to charge against that payment source, on a recurring, going-forward basis, all applicable fees for the next Subscription period, until such time as you cancel your Subscription or your Subscription is terminated by Us. You also authorize Us and Our Payment Processors to credit your payment source for any amounts returned to you, if applicable.

13.3 Subscription Termination

All Subscriptions shall be auto-renewing in nature and will continue to be billed for additional monthly or yearly billing cycles on their renewal date (“Renewal Date”), until terminated by you or by Us. The Renewal Date is the date of your first successful payment for a Subscription (or the final day of any month if your Renewal Date does not correspond to an exact date in the then-current month). You may cancel or modify your Subscription at any time by (i) accessing your billing settings at https://app.rentcast.io/app/account/billing; or (ii) by contacting Us at support@rentcast.io. Any cancellations or changes made less than 24 hours prior to the Renewal Date will not be placed into effect until the next Renewal Date. Cancellation or modification of a Subscription does not entitle you to a refund of charges already paid.

13.4 Payment Processing

You must have sufficient available funds in your payment account on the Renewal Date. If your payment account has insufficient funds, the payment may not be completed or your payment account may become overdrawn, in which case We shall have no liability for any fees, charges or other penalties imposed by third parties. We may suspend or terminate access to the features and services included as part of your Subscription immediately if any amount then due remains unpaid.

13.5 Taxes

Any fees and charges set forth by Us under this License or collected as part of recurring Subscription payments do not include any applicable sales, use, gross receipts, value-added, GST or HST, personal property, or other taxes. You will be responsible for and shall pay, and We may, but are not required to, collect and withhold, all applicable taxes, duties, tariffs, assessments, export and import fees, or similar charges (including interest and penalties imposed thereon) on the transactions contemplated in connection with this License.

13.6 Payment Refunds

Subscription charges are generally final and non-refundable. However, We may issue refunds or credits for Subscription charges when We deem appropriate, at Our sole discretion. You may submit a written request for a refund to support@rentcast.io with an explanation of the reason for your request.

13.7 Disclosure of Payment Source Information

We may disclose payment source information to third parties as reasonably required (i) to process, authorize, verify or complete payments, prevent or investigate fraud, resolve a problem related to a payment, or process any refund, dispute or chargeback; (ii) to persons authorized by law in the course of their official duties; (iii) to comply with a government agency or court order, such as a lawful subpoena; (iv) to Our employees, auditors, payment processors, financial institutions, card networks, service providers, attorneys or collection agents in the course of their duties; or (v) as otherwise may be reasonably necessary upon receipt of your written permission.

14. Miscellaneous

14.1 Governing Law

This License shall be deemed to take place in the State of California and shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of law principles. Any disputes arising from this License shall be adjudicated in the courts of the County of San Diego, State of California. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

14.2 Severability

If any provision of this License is held to be invalid or unenforceable with respect to a party, the remainder of this License or the application of such provision to persons other than those to whom it is held invalid or unenforceable shall not be affected, and each remaining provision of this License shall be valid and enforceable to the fullest extent permitted by law.

14.3 Waiver

Except as provided herein, the failure to exercise a right or require performance of an obligation under this License shall not affect a party’s ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.

14.4 Modification or Amendment

We may modify or amend the terms of this License by posting a copy of the modified or amended License on this page. Any such modification or amendment will become effective upon posting, and your continued use of the Application after it is posted will constitute your acceptance of the modification or amendment.

14.5 Survival

The following sections of this License and any other provisions of this License which by their express language or by their context are intended to survive the termination of this License shall survive such termination: 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, and this Section 14.

14.6 Entire Agreement

This License, including the documents incorporated herein by reference, constitutes the entire agreement with respect to the use of the Application licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter.