LeaseLark Terms of Service

1. Scope of Services

LeaseLark provides a digital platform for property managers and owners to manage leases, collect rent and utility payments, process applications, screen tenants, communicate with renters, and oversee maintenance requests. Available features depend on the subscription tier you select.

A full breakdown of plans and optional add-ons can be found in Exhibit A – Services and Pricing.

2. Account Responsibilities and Security

You agree to:

• Provide accurate and complete registration and billing information.
• Ensure only authorized users access your account.
• Maintain strong password security, enable two-factor authentication if available, and promptly update credentials if a compromise is suspected.
• Comply with all applicable housing, privacy, and financial regulations.

You are responsible for all actions taken through your account, including data entry, tenant approvals, financial transactions, and lease decisions. LeaseLark may require password resets or suspend accounts in the event of suspicious activity.

3. Prohibited Conduct

To maintain a safe and trustworthy platform, you agree not to:

• Submit false applications, documents, or payment information.
• Harass, abuse, or discriminate against tenants, applicants, or other users.
• Misrepresent properties or post fraudulent listings.
• Engage in fraudulent payment activity, including chargebacks or unauthorized ACH transfers.
• Use the platform for illegal purposes (including money laundering or fraudulent schemes).
• Attempt to gain unauthorized access, disrupt, or reverse-engineer the platform.

4. Billing & Subscription Payment

Subscription fees are billed monthly in advance based on your selected plan. Payments are processed via ACH, credit card, or another accepted method. Late payments may incur a 1.5% interest charge per month or the maximum allowed by law.

No refunds are issued for Services rendered, except in the event of platform-wide service outages exceeding 72 consecutive hours. In such cases, a prorated credit will be issued based on your subscription level and the outage duration.

5. Add-Ons and Transactional Fees

Certain features may incur additional fees, including but not limited to:

• Paid Listings
• Premium Listing Upgrades
• Background Checks
• Utility Payment Handling
• Application Processing Fees

Details and rates are listed in Exhibit A – Services and Pricing and may be updated periodically.

6. Payment Processing

LeaseLark provides tools to facilitate payment collection, including rent, deposits, fees, and utilities. By using these Services, you agree to the following:

Third-Party Processors

Payment processing services are provided through trusted third-party vendors. By submitting payment information, you authorize LeaseLark and its processors to debit and credit your designated accounts in accordance with your instructions.

Authorization

You represent and warrant that you have the legal right to use the payment methods provided and that all payment information is accurate and complete.

Transaction Responsibility

LeaseLark acts as a technology platform and limited facilitator of rent, fee, and other payment transactions between tenants, customers, and third-party vendors. In certain cases, LeaseLark may temporarily receive, hold, or forward funds solely for the purpose of settlement and disbursement in accordance with Section 14 (LeaseLark Rent Payment & Disbursement Schedule). LeaseLark is not a bank, money transmitter, or financial institution. Except as expressly described in Section 14, LeaseLark does not assume fiduciary duties or long-term custody of funds. All risk associated with such transactions remains with you.

Refunds and Chargebacks

All refund policies for tenant payments (including rent, deposits, and fees) are determined by the property manager or owner. LeaseLark does not issue refunds on their behalf. In the event of a chargeback or returned transaction, you are responsible for any associated fees.

Compliance

You agree to comply with all applicable financial and consumer protection laws. LeaseLark may suspend payment features in cases of suspected fraud or illegal activity.

Transaction Limits and Holds

For security and compliance purposes, LeaseLark or its processors may impose transaction limits, holds, or delays on funds.

Fees

All applicable payment processing fees are listed in Exhibit A – Services and Pricing and are incorporated by reference into these Terms.

Taxes, Fees, and Ancillary Charges

• Taxes. You are solely responsible for all sales, use, VAT, GST, excise, or similar taxes imposed in connection with the Services, other than taxes on LeaseLark’s income. Where LeaseLark must collect such taxes, they will be invoiced in addition to subscription or licensing fees.
• Ancillary & Transactional Fees. Additional charges may apply (e.g., application fees, background check fees, late fees, convenience fees). Such charges may be retained by LeaseLark or remitted to third parties. These fees are separate from subscription charges and may be assessed or waived at LeaseLark’s discretion.
• Role of LeaseLark. LeaseLark is not a landlord, property owner, bank, or financial institution and makes no representation regarding the legality or enforceability of any fee you pass through.
• Indemnification. You agree to indemnify, defend, and hold harmless LeaseLark from claims arising out of (i) failure to pay or collect applicable taxes; (ii) imposition of fees on tenants; or (iii) disputes concerning the legality or enforceability of such fees under landlord–tenant law.

7. User Content and Licensing

Users may upload property listings, images, documents, lease templates, and other materials (“User Content”).

• You retain ownership of your User Content.
• By uploading, you grant LeaseLark a worldwide, royalty-free, non-exclusive license to host, display, transmit, and distribute your content solely for purposes of providing Services.
• You represent and warrant that you have all rights necessary to upload such content and that it does not infringe third-party rights.
• You agree to indemnify LeaseLark against claims arising from your User Content.

LeaseLark may remove content that violates these Terms or applicable law.

8. Data Privacy and Security

You own all data you input into the LeaseLark platform. LeaseLark does not sell or monetize your data or your tenants’ data.

We implement industry-standard encryption and comply with applicable data privacy laws, including the CCPA and GDPR, where applicable.

9. Intellectual Property

All platform content, code, and materials (excluding User Content) remain the property of LeaseLark or its licensors. You may not reproduce, redistribute, or reverse-engineer any part of the platform without written consent.

10. Service Limitations and Downtime

We aim to provide reliable service but do not guarantee uninterrupted access. LeaseLark is not liable for indirect damages caused by downtime, outages, or technical issues.

11. Disclaimer of Warranties

LeaseLark Services are provided "as-is" and "as-available." We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee tenant suitability, creditworthiness, listing accuracy, or uninterrupted availability of Services.

12. Limitation of Liability

To the fullest extent permitted by law:

• LeaseLark’s liability is limited to the greater of (a) the fees you paid in the 12 months preceding the claim or (b) $500.
• LeaseLark is not liable for indirect, incidental, or consequential damages, including lost profits, data loss, or tenant/landlord disputes.

13. Indemnification

You agree to defend, indemnify, and hold harmless LeaseLark, its affiliates, officers, directors, employees, agents, successors, and assigns from and against any and all claims, actions, proceedings, demands, damages, liabilities, judgments, settlements, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms, misuse of the platform, Customer Data, disputes with your tenants/owners/managers/contractors, infringement or violation of third-party rights caused by your data or usage outside this Agreement, and any gross negligence, willful misconduct, or breach of your obligations.

13.2 Procedure

LeaseLark shall promptly notify you of any claim subject to indemnification (failure to notify does not relieve obligations except to the extent of material prejudice). You control the defense and settlement, provided you do not settle without LeaseLark’s prior written consent if it imposes obligations or fails to fully release LeaseLark. LeaseLark may participate with its own counsel at its own expense.

13.3 Company Indemnification (Limited)

LeaseLark will defend, indemnify, and hold you harmless against third-party claims alleging that the Software, when used strictly in accordance with this Agreement, directly infringes a valid U.S. copyright, trade secret, or patent, subject to standard limitations and remedies (procure rights, replace/modify, or terminate & refund prepaid fees for the remaining term).

13.4 Exclusive Remedy

These indemnities are the Parties’ exclusive remedy; LeaseLark’s indemnification liability shall not exceed the license fees actually paid for the Software giving rise to the claim.

14. LeaseLark Rent Payment & Disbursement Schedule

14.1 Collection of Rent Payments

Tenants may submit rent payments through the Service using ACH, credit/debit card, or other approved methods. All payments are subject to standard clearing and settlement timelines (typically two (2) to five (5) business days depending on method).

14.2 Processing Windows & Disbursements

14.3 Settlement & Exceptions

If a payment has not cleared by the applicable cutoff date, it will be included in the next payout window. Any returned, reversed, or disputed payments will not be disbursed.

14.4 Statements

• Tenant payments collected
• Clearing status of each transaction
• Disbursements released
• Adjustments (including chargebacks, failed payments, or reversals)

14.5 Notification

Provider will notify you when a payout is initiated. Statements and payout confirmations are available in the LeaseLark dashboard.

15. SMS Text Messaging

15.1 Included Messages

15.2 Overage Charges

If you exceed the monthly SMS allowance for your selected tier, additional messages are billed at $0.02 per message. Overage charges are applied to your next monthly invoice.

15.3 Compliance

You are solely responsible for compliance with telecommunications, marketing, and consumer protection laws (including TCPA, CTIA guidelines, and state-level requirements).

15.4 Delivery and Availability

LeaseLark does not guarantee delivery of SMS messages in all cases and is not liable for delays, blocking, or failures by carriers or third-party networks.

15.5 Restrictions

You must not use SMS functionality to transmit unlawful, misleading, or abusive content.

16. Termination and Data Deletion

You may cancel your subscription at any time with 30 days’ notice. LeaseLark may suspend or terminate access if you violate these Terms or fail to pay fees. Upon termination, your listings, tenant communications, and account data may be deleted. LeaseLark has no obligation to retain your data unless required by law.

17. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles. Disputes under $10,000 shall be resolved via binding arbitration in Delaware. Disputes exceeding $10,000 may be brought in state or federal courts located in Delaware. You waive the right to participate in class actions, consolidated claims, or jury trials.

18. Notices

Legal notices to LeaseLark must be sent to:
LeaseLark, Inc.
1201 North Market Street, Suite 111
Wilmington, DE 19801

LeaseLark may send notices to you via email, platform notifications, or your billing address.

19. Force Majeure

LeaseLark will not be liable for delays or failures caused by events beyond our reasonable control, including natural disasters, labor disputes, internet outages, cyberattacks, or government restrictions.

20. Changes to Terms

We may update these Terms from time to time. We will notify you of any material changes. Continued use of the Services after such updates constitutes your acceptance of the revised Terms.

Exhibit A – Services and Pricing

Subscription Plans

Add-Ons and Transactional Fees

Payment Processing Fees

LeaseLark SMS Terms of Service

1. Program Description

LeaseLark offers SMS updates related to property management services, including account notifications, payment reminders, maintenance updates, tenant/landlord communications, and promotional alerts (as applicable). Message and data rates may apply. Message frequency varies by user’s account activity and preferences. Text HELP for help. Text STOP to cancel.

2. Opt-Out Instructions

You can cancel SMS messages at any time by texting STOP to 302-947-8573. After you send STOP, you will receive one final confirmation message stating you have been unsubscribed. After that, you will no longer receive SMS messages from LeaseLark. To re-subscribe, simply sign up again through your account or text opt-in process. Message frequency varies.

3. Help Instructions

For help with the SMS program, text HELP to 302-947-8573. You will receive instructions on how to use the service and how to unsubscribe.

4. Message & Data Rates

Message and data rates may apply for messages sent to and from LeaseLark. If you have questions about your text or data plan, contact your wireless provider. For assistance with our SMS services, email us at support@leaselark.com.

5. Privacy

Your privacy is important to us. Please review our Privacy Policy for more details.

6. Data Use & Sharing

LeaseLark does not share, sell, or rent mobile numbers or SMS/MMS consent data with third parties or affiliates for marketing or promotional purposes. Mobile numbers and related information may be shared only with trusted service providers as needed to deliver LeaseLark’s services (for example, to verify tenant information, process payments, or support system functionality). These providers are required to safeguard your information and use it only for the purposes specified by LeaseLark. Opt-in data and consent for text messaging will never be shared with third parties for unrelated purposes.