Terms of Service

1. Acceptance of Terms

By using Subletly, you affirm that you have read and understood these Terms and agree to abide by them. These Terms apply to all users of the Platform, including both renters ("Tenants" or "subtenants") and property owners or their agents ("Landlords" or "hosts"). You acknowledge that this Agreement is supported by valid consideration (such as your use of the Platform and our provision of services), and that such consideration is sufficient. If you are using the Platform on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms, and "you" will refer to the entity.

You may not use the Platform for any purpose that is unlawful or prohibited by these Terms. Continued use of Subletly signifies your acceptance of any updated Terms. We reserve the right to modify these Terms at any time. In the event of a material change, we will post the revised Terms and update the "Last Updated" date, and we may notify you via email or in-app notification. Your continued use of the Platform after the effective date of the updated Terms will constitute your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Platform and, if applicable, close your account.

2. Eligibility (18+ Only)

You must be at least 18 years old to use Subletly's services. The Platform is intended solely for use by adults and is not directed to minors. By registering for an account or by using the Platform, you represent and warrant that you are 18 years of age or older and that you have the legal capacity to enter into this Agreement. Persons under 18 are not permitted to use the Platform, and any use of our services by anyone under 18 is expressly prohibited.

If you are the representative of a business entity (such as a property management company), you further represent that the entity is validly formed and in good standing, and that you have the authority to bind the entity to these Terms. In that case, the eligibility requirements apply both to the entity and to the individual acting on its behalf (for example, the individual must be of legal age and authorized by the company).

We do not knowingly allow minors to create accounts or enter into rental transactions on Subletly. If we discover that an underage person has created an account or is using our Platform, we reserve the right to terminate the account immediately. Each user agrees not to misrepresent their age or identity. You also confirm that you are not otherwise barred from using the Platform under any applicable laws — for example, you are not on any trade sanctions list or prohibited party list in the jurisdictions we operate.

3. Account Registration and Security

To access many of Subletly's features (such as listing a property or messaging other users), you must create a user account. When you register, you agree to provide accurate, current, and complete information about yourself as prompted by the registration form. This information may include your name, email, phone number, and other details. You agree to keep your account information updated and accurate at all times. You may not register on behalf of another person (except authorized business accounts as noted) or impersonate any person or entity.

Each user is responsible for maintaining the confidentiality of their account login credentials. You are fully accountable for all activities that occur under your account. Do not share your password or transfer your account to anyone else. If you suspect any unauthorized use of your account or a security breach, you must notify Subletly immediately. We are not liable for any loss or damage arising from your failure to secure your account.

Subletly reserves the right (but has no obligation) to enable multi-factor authentication or other security measures for accounts. We may also suspend or terminate accounts that we believe are compromised, or that are being used fraudulently, in violation of these Terms, or pose a risk to our community.

4. User Verification

For trust and safety purposes, you agree that Subletly may, at its discretion, conduct identity verification and background checks on users. As part of account setup or any time thereafter, we may request that you provide certain verification information or documentation. For example, we may ask for a government issued ID, a selfie, proof of address, or other documents to verify your identity and eligibility. We might also require property owners to submit proof of ownership or authority to list a property (such as a deed or permission from the owner).

By providing any verification information, you represent that it is accurate and authentic, and you authorize Subletly to use and share this information for the limited purpose of verification. We may use third party services to assist with identity verification, background checks, and compliance screenings, and you authorize Subletly to request and obtain reports about you from such services (e.g., to check against public databases, criminal record checks, sex offender registries, or sanctions lists, where allowed by law).

Subletly does not guarantee the identity or background of any user. While we may perform screenings and verifications, these are provided "as is" without warranty of any kind. Users are encouraged to exercise due diligence and common sense when engaging in transactions or communications on the Platform. Any terminology like "verified" or badges we provide indicates only that a user has completed a given verification process, not an endorsement or guarantee by Subletly of that person's reliability or safety.

We reserve the right to suspend or terminate your account if you fail to complete a required verification, if we suspect fraud, or if any of your provided information is false, misleading, or violates our policies.

5. Listings and Transactions

Subletly provides a platform that connects people offering properties for sublease or rent ("hosts" or "landlords") with people seeking to rent or sublet those properties ("renters" or "tenants"). We are not a real estate broker or agent, nor a party to any lease or sublease agreement between users; our role is solely to facilitate the connection and provide tools for users to transact. Any lease or subletting agreement is strictly between the landlord and the tenant.

Listing a Property

If you post a property listing on Subletly, you agree to provide complete, truthful, and up to date information about the property. This includes the address, description, availability dates, rental price and fees, rules or restrictions, and any other important terms. You represent and warrant that you have the legal right to offer the property for sublease (for example, you are the property owner or an authorized lessee with permission to sublet, and doing so doesn't violate any leases or laws). You are responsible for setting the terms of the rental (such as duration, security deposit, utilities, etc.), but those terms must comply with all applicable laws and these Terms.

Listings may be subject to review by Subletly prior to being published, and we reserve the right to edit, disable, or remove any listing that violates our guidelines or is inappropriate. However, Subletly does not guarantee to review all content, and we do not endorse or verify the accuracy of listings. It is the host's responsibility to ensure their listing details are correct and to update the listing if circumstances change.

Furnished Listing Requirement

All listings on Subletly must be furnished. Hosts are required to provide a fully furnished living space that includes essential furniture such as a bed, seating, table or desk, and other basic functional items necessary for a tenant's stay. Unfurnished or partially furnished listings are not permitted on the Platform. Subletly may request photos or proof of furnishing. Listings found to be unfurnished or materially misrepresented may be removed, suspended, or denied publication.

Host Responsibilities

Hosts agree to uphold the following responsibilities when listing or renting a property on Subletly:

1. Accuracy of Information: Hosts must ensure all listing information — including photos, descriptions, pricing, amenities, availability dates, rules, and policies — is truthful, current, and not misleading.
2. Legal Right to Sublet: Hosts represent and warrant that they have full legal authority to offer the property for sublease or rental, including any required permissions from owners, landlords, HOAs, management companies, or governing entities.
3. Habitability & Safety: Hosts must provide a property that is safe, clean, sanitary, and compliant with all applicable building, housing, health, and safety codes. This includes functional utilities, working locks, heating, electricity, and any other essential services required for habitability.
4. Furnished Requirements Compliance: Hosts must ensure the property is fully furnished as described in the Furnished Listing Requirement, and agree to update the listing if any provided furniture or amenities change.
5. Move-In Condition: Hosts must ensure the property is in move-in-ready condition at the start of the rental period. This includes providing keys, access instructions, and ensuring no unexpected occupants or obstructions are present.
6. Maintenance & Repairs: Hosts are responsible for addressing reasonable maintenance issues, repairs, or habitability concerns that arise during the tenant's stay, consistent with local landlord-tenant laws.
7. Communication: Hosts must maintain timely, professional communication with tenants regarding check-in, access, property conditions, or issues that arise.
8. Compliance With All Laws: Hosts are solely responsible for ensuring the listing and rental comply with all local, state, and federal laws, including zoning restrictions, 30-day rental rules, subletting rules, tax obligations, and housing regulations.
9. No Discrimination: Hosts may not discriminate against tenants based on protected classes or violate fair housing laws.
10. No Off-Platform Payments: Hosts agree not to request, accept, or encourage rent, deposits, or payments made outside of Subletly's platform.

Violations of these responsibilities may result in suspension, listing removal, withheld payouts, or termination of access to the Platform.

Tenant Responsibilities

Tenants agree to the following:

1. Accurate Profile Information: Tenants must provide truthful identity information and maintain accurate contact details.
2. Property Care: Tenants must use the property responsibly and avoid causing damage beyond normal wear and tear.
3. Rule Compliance: Tenants must comply with all property rules established by the host, including building rules, noise policies, and occupancy limits.
4. Legal Use Only: Tenants may not use the property for illegal activities, events, subletting, or commercial purposes unless explicitly permitted by the host and applicable laws.
5. Communication: Tenants must communicate promptly with the host regarding check-in plans, issues with the property, or disputes.
6. Payment Compliance: Tenants agree to pay all rent, deposits, and fees through Subletly and are responsible for keeping a valid payment method on file.
7. Move-Out Condition: Tenants must leave the property in substantially the same condition as when they moved in, subject to normal wear and tear.
8. No Off-Platform Deals: Tenants may not attempt to bypass Subletly by arranging bookings or payments outside the platform.
9. Respect for Neighbors: Tenants must respect neighbors, building staff, and shared spaces, and must comply with quiet hours and building etiquette.

Booking and Payments

When renters express interest in a property or agree to sublet, the parties may enter into a separate rental or sublease agreement. Subletly is not a party to that agreement but may provide a standard template or facilitation tools. Payment of rent, security deposits, or any platform fees will typically be processed via our third party payment system (Stripe). Users agree to use Subletly's payment system for transactions related to the Platform and not to circumvent the payment system. This ensures both parties are protected by our policies and any applicable protections. Payments made through Subletly may be subject to service fees or processing fees, which will be disclosed at the time of transaction.

Subletly may act as a limited payment collection agent for the landlord solely to collect payments from the tenant and forward those amounts (minus applicable fees) to the landlord. Both parties agree that payment through the Platform shall be considered the same as payment made directly from tenant to landlord for the purposes of their lease. Landlords should not ask tenants to pay them outside the platform for initial rent or deposits, as this may violate our policies and remove protections.

If any issues arise with a payment (for instance, a chargeback, failed charge, or dispute), Subletly reserves the right to intervene to investigate and mediate. We may halt or reverse transactions if fraud is suspected.

6. User Conduct and Prohibited Activities

We expect all users to use Subletly in a respectful and lawful manner. By using the Platform, you agree NOT to engage in any of the following prohibited activities:

• Violations of Law or Rights: Do not use the Platform to violate any law, regulation, or court order. You must not infringe or misappropriate any third party's rights (such as intellectual property rights, privacy rights, or contractual rights). This includes not uploading content (like photos or text) that you do not have the right to use.
• False or Misleading Information: You shall not impersonate any person or entity, or submit false information (including false names, impersonated identities, falsified documents, or misrepresented listings). All information you provide must be truthful and accurate. You also may not create multiple accounts for deceptive purposes or misrepresent your affiliation with a person or entity.
• Discrimination and Harassment: Subletly has a zero tolerance policy for hate speech, harassment, and discrimination. You may not post or send any content that is defamatory, abusive, harassing, violent, obscene, pornographic, or otherwise objectionable or that promotes discrimination or bigotry against any individual or group. Treat other users with respect in all communications.
• Platform Integrity: Do not attempt to damage, disrupt, or interfere with the proper working of the Platform. This includes not introducing any viruses, malware, or harmful code; not engaging in any hacking, scraping, or automated use of the system beyond standard search engine indexing; and not circumventing any technical measures we use to provide the service. You must not use the Platform to stalk, harass, or harm another person.
• Unsolicited Communications: You may not use the contact information of other users obtained through the Platform for any purpose outside of the intended rental transaction. For example, sending unsolicited or commercial messages ("spam") to other users is prohibited. Commercial advertising or solicitation on the Platform (aside from legitimate property listings) is not allowed without our prior written consent.
• Off-Platform Transactions: As a condition of using Subletly, you agree not to circumvent the Platform to avoid fees or for any other reason. This means you should not complete rental transactions introduced via Subletly outside of the Platform. Encouraging or soliciting others to transact off-platform (e.g., to pay cash outside, or sign a lease off-platform to avoid our fees) is a violation of these Terms.
• Content Guidelines: Any content you upload or post (such as property descriptions, photos, reviews, or profile information) must be accurate and must not violate any laws or rights. You are responsible for ensuring you have the necessary rights to share any content. Do not post content that is illegal, obscene, or infringes on copyrights or privacy rights of others. We reserve the right to remove any content that breaches these guidelines or our content policies.
• No Unauthorized Access: You must not access or attempt to access any accounts, data, or systems without authorization. Additionally, do not test or scan the vulnerability of our systems or networks, breach security or authentication measures, or attempt to reverse engineer the software or Platform functionalities.
• No Commercial Use Except as Allowed: The Platform is intended for personal (or internal business) use related to renting and subletting properties. Except as expressly permitted by Subletly, you agree not to use the Platform to run any commercial ventures, such as running your own rental listing marketplace, without our consent. Using automated means to extract data (bots, crawlers) for commercial purposes is prohibited.
• Additional Rules: You agree to comply with any other community guidelines or policies provided by Subletly from time to time (such as content standards, review guidelines, etc.). We may promulgate additional rules for certain features, and those will be considered part of these Terms once issued.

Violating any of the above can result in immediate suspension or termination of your account, and possibly legal action, if warranted. Subletly reserves the right to investigate and prosecute violations of any of the above to the fullest extent of the law. We may involve law enforcement authorities in prosecuting users who violate the law.

7. Privacy and Communications

Our Privacy Policy describes how we collect and use your personal information. By using the Platform, you also agree to the terms of the Privacy Policy. Keep in mind that information you share on your profile or in listings can be viewed by other users. We care about your privacy, so please do not share personal information in public areas that you wouldn't want others to see.

Messaging and Contact Information

When you communicate through Subletly's messaging system, your messages are not publicly visible but may be monitored by Subletly for compliance and safety reasons. Users should refrain from sharing sensitive personal contact information in initial messages. For your safety and to maintain a record in case of disputes, we encourage all communication to happen on-platform.

Messaging; Platform Communications Restrictions

a) Text-Only Messaging: Subletly's messaging feature is provided to support booking-related communications. Messages are text-only. Users may not send photos, files, attachments, or other media through Subletly's messaging feature. Subletly may block, remove, or restrict messages or accounts that attempt to transmit prohibited content.

b) No Circumvention; Off-Platform Contact: Users may not use messaging to solicit off-platform payments or to bypass Platform fees or safety processes. Subletly may monitor or review communications for fraud prevention, trust and safety, and enforcement of these Terms, to the extent permitted by law.

c) Feature Access Controls: Subletly may restrict messaging functionality to users who are registered, authenticated, and/or verified, and may disable messaging for accounts flagged for suspicious activity or policy violations.

Monitoring of Communications

You consent to our monitoring or recording of communications (such as messages or calls) that occur through the Platform, to the extent allowed by law. As noted in the Privacy Policy, Subletly may review messages sent via our Platform for fraud prevention, trust & safety, and enforcement of these Terms. For example, we may review communications if a user flags a concern or if our automated systems detect potentially problematic content. We will handle communications data in accordance with our Privacy Policy.

Notifications

By creating an account, you agree that we may send you informational and transactional communications via the Platform, email, SMS, or phone call. These communications may include account verification messages, booking confirmations or updates, payment receipts, and important service announcements. We will not use autodialed or automated calls or texts for marketing purposes without your consent. You can manage your notification preferences in your account settings, but note that you may not opt out of critical service communications (like fraud alerts or legal notices). Standard message and data rates may apply to SMS or phone communications.

If you provide feedback, suggestions, or ideas about Subletly (e.g., improvements or feature requests), you agree that we are free to use them without any restriction or compensation to you, as we deem appropriate.

8. Fees and Payments

Using Subletly's core features of browsing listings and communicating is generally free for renters, but certain actions or services may incur fees. For example, property owners may pay a listing fee or a service fee upon a successful rental, and renters might pay a service fee when booking a property. Any applicable fees will be disclosed to you before you incur them (such as on a checkout page or pricing page).

Service Fees

Subletly may charge service fees for the use of our Platform to facilitate transactions. These fees help cover the costs of providing a secure and reliable service (including customer support, verification, and payment processing). Service fees (for hosts, renters, or both) will be clearly communicated. By using the service, you agree to pay any fees imposed and to the automatic deduction of such fees from payments processed (for hosts) or addition of such fees to your charges (for renters). Fees are generally non-refundable, except as explicitly stated by our policies.

Payment Processing

As noted, Subletly uses Stripe to handle payment transactions. You must have a valid payment method on file to pay any amounts due (such as rent payments or fees). By providing a payment method, you authorize Subletly and Stripe to charge the payment method for all amounts due under your account. This includes rental payments, security deposits (if handled through the Platform), Subletly's service fees, and any applicable taxes. If a payment fails or is disputed, Subletly may suspend the associated booking and seek collection of the amount owed (including by using collection services or legal actions if necessary).

Payouts to Hosts

If you are a host due to receive rental funds (after fees), you must provide accurate payout information (such as a bank account). Payouts will be released as per our policies (for example, a certain number of days after a tenant's move-in, minus any hold for security deposit if applicable). Hosts are responsible for any taxes on their earnings, and Subletly may issue IRS Form 1099 or other tax documents as required by law.

Payment Schedule; Rental Period Payments

a) Payment Schedule: Subletly presents the applicable payment schedule before checkout authorization. For New York residential listings, checkout collects the first rental period, plus clearly disclosed platform fees and lawful charges, and future rent is scheduled by rental period instead of collected upfront before occupancy.

a-1) Compliance-Based Payment Adjustment: Notwithstanding the foregoing payment schedule, Subletly may modify the timing, structure, or amount of installment collections where required by applicable law, booking classification, regulatory guidance, risk controls, or payment processor requirements. Where such an adjustment is required, the Platform will present the applicable payment schedule to the Renter before payment is authorized.

b) Authorization to Charge; Payment Method: The Renter authorizes Subletly and its payment processor to charge the Renter's selected payment method according to the checkout schedule shown before authorization, including any future rental-period payments where applicable (and to retry failed charges using reasonable attempts). The Renter is responsible for maintaining a valid payment method and sufficient available funds.

b-1) Security Deposits: Security deposits are separate from rent and platform fees. For the New York launch, Subletly does not collect security deposits through checkout unless collection is enabled after legal review.

c) Failure to Pay Balance: If the Balance cannot be successfully charged by the Balance Due Date, Subletly may, in its discretion: (i) cancel the Booking, (ii) treat the cancellation as a Renter-initiated cancellation for purposes of the applicable cancellation policy, and (iii) apply the Booking Deposit as a cancellation amount (including potential forfeiture), except where prohibited by applicable law or where Subletly determines otherwise in writing.

d) Timing; Bank Processing: Refunds (if any) are initiated by Subletly but may take additional time to post depending on the payment method, card network, and financial institution.

Taxes

Renters and hosts are each responsible for understanding and fulfilling their own tax obligations arising from transactions on Subletly. Hosts may be responsible for reporting rental income or collecting any applicable occupancy taxes or similar (if short-term rental laws apply, etc.). Subletly may facilitate the collection and remittance of certain taxes in some jurisdictions (if required by law or agreements with tax authorities), and where we do so, we will inform you. However, except where Subletly explicitly takes on the responsibility to collect taxes, the host is solely responsible for collecting and remitting any taxes (like hotel taxes, VAT, etc.) owed in connection with a rental. Subletly will cooperate with valid requests for information from tax authorities as legally required.

9. Cancellation and Refund Policy

Cancellation policies (for both tenants and landlords) will be specified in the listing or during the booking process. Because subletting can involve significant commitments, we encourage both parties to carefully review any cancellation terms before completing a booking.

In general, if a tenant cancels a confirmed booking, any refund of rent or deposit is subject to the cancellation policy that was in effect for the listing. Some fees (such as Subletly's service fee) may be non-refundable. If a landlord cancels before move-in, the tenant will typically receive a full refund of any money paid for that booking, and the host may face penalties (such as a cancellation fee or a listing demotion). Repeated host cancellations can lead to account consequences.

In the event of extenuating circumstances or emergencies (e.g., property becomes uninhabitable, or a tenant has a serious unforeseen hardship), Subletly may intervene and override the standard cancellation policy to provide a fair solution. Such decisions are at Subletly's discretion and made on a case-by-case basis.

Disputes regarding refunds, property conditions, or any lease terms should first be addressed between tenant and landlord. Subletly can mediate if both parties request assistance, but Subletly is not a guarantor of any party's obligations. Any security deposit processed through Subletly will be handled separately from rent and platform fees according to the lease terms and applicable law; we may deduct amounts for damages if both parties agree or per an arbitration/court decision.

9A. Haven Rescue Program

9A.1 Purpose and Nature of Program

Subletly may, in its sole discretion, offer access to the "Haven Rescue" feature (the "Haven Program"), a limited, best-effort facilitation tool designed to assist renters in circumstances where a confirmed booking cannot be accessed at the scheduled move-in time due to a host's material failure to provide access to the listed premises.

The Haven Program is not insurance, a guarantee of lodging, or a relocation service. It is a discretionary customer-support mechanism intended to mitigate certain access-related issues and is subject to strict eligibility conditions and limitations described herein.

Subletly reserves the right to modify, suspend, or discontinue the Haven Program at any time without prior notice.

9A.2 Eligibility for Haven Rescue

A renter may request Haven Rescue assistance only where:

1. The renter has a confirmed booking on the Platform.
2. The renter has complied with all payment obligations, including any required second installment.
3. The renter is physically present at or reasonably attempting to access the listed property at the scheduled move-in date and time.
4. The renter is unable to access the property due to the host's material failure to provide access (e.g., no key provided, incorrect access instructions, host non-response, lock malfunction not caused by renter, or demonstrable listing fraud).
5. The renter submits timely notice through the Platform and provides reasonable documentation or proof of the issue as requested by Subletly.

Failure to meet any of the above conditions may render the renter ineligible for Haven Rescue.

9A.3 Proof of Issue Requirement

As a condition of eligibility, the renter must provide reasonable documentation demonstrating the access issue, which may include:

• On-platform communication records,
• Time-stamped evidence of attempted access,
• Identity verification confirmation,
• Any additional information reasonably requested by Subletly.

Subletly retains sole discretion in determining whether sufficient proof has been provided. False, misleading, or fraudulent submissions may result in immediate account suspension and forfeiture of eligibility for any refund or Haven assistance.

9A.4 Backup Listing/Booking

Where Subletly offers backup listings or rebooking assistance in connection with Haven Rescue, such backup listings are not reserved and are not guaranteed. Availability, pricing, and host acceptance may change. If a replacement booking is offered, Subletly will present the final applicable pricing, fees, and any additional payment required before the Renter confirms the replacement stay.

9A.5 Available Outcomes

If Subletly determines, in its sole discretion, that a renter qualifies under the Haven Program, Subletly may offer one of the following two outcomes:

(a) Immediate Full Refund

Subletly may authorize the return of eligible booking payments made by the renter in connection with the affected booking, excluding any applicable taxes, governmental fees, or third-party processing charges that are non-refundable under applicable law or payment processor rules.

For the avoidance of doubt:

• Platform service fees may be refunded at Subletly's discretion.
• Taxes, occupancy taxes, VAT, sales tax, or similar governmental charges that have already been remitted or are legally non-recoverable shall not be refundable.
• Payment processor fees that are non-reversible may also be excluded from the refund where applicable.

Issuance of the refund shall constitute full and final resolution of the booking, and the booking shall be deemed canceled as of the time of Haven Rescue activation. Refund timing is subject to third-party payment processor timelines and the renter's financial institution processing policies. Subletly does not guarantee immediate fund availability.

(b) 48-Hour Hotel Buffer

In lieu of an Immediate Full Refund, Subletly may, in its sole discretion, facilitate the booking of temporary lodging accommodations for the renter for a period not to exceed forty-eight (48) consecutive hours (the "Hotel Buffer").

The total amount applied toward such temporary lodging shall not exceed Five Hundred U.S. Dollars (USD $500) in aggregate.

For clarity, any Hotel Buffer costs shall be applied under the Haven policy limit for the affected booking. Subletly does not insure the booking or provide complimentary lodging.

By electing or accepting the Hotel Buffer option, the renter authorizes Subletly to apply up to USD $500 under the Haven policy limit toward payment of the temporary lodging.

Subletly's role is limited to facilitating temporary lodging support under the Haven policy. The renter shall remain solely responsible for:

• Any hotel security deposit or incidental deposit required at check-in;
• Any incidental charges (including but not limited to room service, minibar, parking, damages, resort fees, additional guests, or optional services);
• Any costs exceeding the USD $500 cap;
• Any lodging beyond the forty-eight (48) hour period;
• Any charges assessed directly by the hotel before, during, or after the stay.

If the cost of temporary lodging exceeds USD $500, the renter must pay the excess directly to the lodging provider. Subletly has no obligation to advance, reimburse, or guarantee such excess costs.

Subletly does not guarantee:

• Availability of any specific hotel,
• Comparable quality or amenities,
• Proximity to the original listing,
• Availability of lodging within the USD $500 cap.

If temporary lodging cannot reasonably be secured within the USD $500 cap, Subletly may, in its sole discretion, instead provide an Immediate Full Refund of eligible booking payments.

The Hotel Buffer is a temporary mitigation mechanism only and does not constitute a relocation service, insurance policy, or guarantee of replacement housing.

Subletly shall not be liable for any third-party acts, omissions, property conditions, injuries, losses, or damages arising from or related to the temporary lodging provider.

9A.6 Limitation of Scope

The Haven Program applies solely to access-related failures at the initial move-in.

The Haven Program does not apply to:

• Maintenance issues arising after access has been granted,
• Cleanliness complaints,
• Neighborhood dissatisfaction,
• Utility disruptions beyond host control,
• Tenant change of mind,
• Minor disputes between host and renter,
• Any issue caused by renter misconduct or violation of the booking terms.

Subletly reserves sole discretion in determining eligibility.

9A.7 Limitation of Liability

Subletly's obligations under the Haven Program are strictly limited to the remedies described herein.

Subletly shall not be liable for:

• Additional lodging costs beyond the stated cap,
• Travel expenses,
• Emotional distress,
• Consequential or incidental damages,
• Lost wages,
• Alternative housing costs beyond the 48-hour buffer,
• Any third-party acts or omissions.

The Haven Program does not create any fiduciary, insurance, guarantor, or relocation-provider relationship between Subletly and any user.

9A.8 Exclusive Remedy

Participation in the Haven Program constitutes the renter's agreement that the selected outcome (refund or 48-hour buffer) shall serve as the renter's exclusive remedy against Subletly arising from the access-related issue.

Nothing in this section limits the renter's right to pursue claims directly against the host.

9A.9 Payment Processing and Payout Timing

Stripe processes Subletly checkout payments. Host payout starts only after move-in is confirmed or the confirmation window expires, subject to Platform policies, payment processor rules, disputes, refunds, chargebacks, and applicable law.

Subletly does not act as a landlord, insurer, attorney, court, or guarantor of the rental agreement between users.

10. Dispute Resolution Between Users

Subletly is not directly a party to rental agreements between users, but we care about our users' satisfaction and the integrity of our community. If you encounter a dispute with another user (for example, a disagreement over property condition, payment, or any contractual issue), we encourage you to communicate clearly and attempt to resolve the issue in good faith. Many disputes can be resolved with open, respectful dialogue.

If you cannot resolve a dispute, you can contact Subletly support for guidance. We may, at our discretion, offer to mediate or facilitate a resolution. Our mediation might involve gathering information from both sides and suggesting a compromise. However, please note that any resolution facilitated by Subletly is not binding unless you and the other party both agree to it. Ultimately, formal legal disputes may need to be resolved by the courts or through any arbitration clause you include in your own lease agreement.

For disputes involving payments processed by Subletly, we may pause host payout, issue a refund, or take other action allowed by Platform policy, payment processor rules, and applicable law while the dispute is reviewed. We also reserve the right to make a decision in favor of one party or the other based on evidence provided (especially in cases of clear policy violations or fraud). For example, if a host fails to provide access to the property, we may refund the tenant even if the host disputes it, because the service wasn't delivered.

11. Subletly's Role and Disclaimers

Personal Safety Disclaimer

Subletly is not responsible for the personal safety of users during any in-person interactions, property tours, key exchanges, or stays. Users are solely responsible for taking reasonable precautions such as meeting in public places, informing others of their plans, and conducting due diligence before entering a rental agreement.

Subletly does not guarantee the safety, condition, cleanliness, security, or suitability of any property or neighborhood.

Habitability Standards

All properties listed on Subletly must comply with applicable housing codes and habitability laws. Hosts must ensure the property is free of hazards, pests, mold, unsafe conditions, and any issues that may make the property unfit for living. Subletly is not responsible for enforcing or guaranteeing habitability and may remove listings or suspend hosts that fail to meet these standards.

Use of Platform at Your Own Risk

Users acknowledge they use the Platform at their own risk. Subletly does not guarantee uninterrupted access, error free operation, or the accuracy of listings or communications. Users assume all risks associated with interactions with other users, rental decisions, and rental outcomes.

No Guarantee of Listings or Users: Subletly is a platform to facilitate rentals; we do not endorse, guarantee, or insure any property or user. All listings, profiles, and content on the Platform are provided by users, not by Subletly. We do not systematically inspect properties, verify every statement made by users, or perform background checks except as described in the User Verification section. Use of the Platform and meeting others through Subletly is at your own risk. Though we may from time to time help with verification or provide badges (e.g., "ID verified"), Subletly makes no warranties about the truth of users' postings, the quality or safety of any property, or the conduct of any user.

"As-Is" Service: The Subletly Platform and all its content and features are provided "as is" and "as available" without warranty of any kind. To the maximum extent permitted by law, we disclaim all warranties, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Platform will be uninterrupted, error-free, secure, or free of viruses, nor do we warrant that any rental outcome will meet your expectations (for example, we do not guarantee that you will successfully rent your property or find a suitable space). Any advice or information (oral or written) obtained from Subletly or through the Platform does not create any warranty not expressly stated herein.

Limited Involvement in Transactions: Users acknowledge that Subletly is not acting as an insurer, broker, or contracting agent in the actual rental transaction. We have no control over and do not guarantee the existence, quality, safety, legality, or suitability of any listed property; the truth or accuracy of any listing or user information; or the ability of landlords and tenants to complete a lease. Subletly does not own or manage properties listed on the Platform, and we do not formally screen third-party lease agreements. Any issues with the property or the lease are to be resolved between landlord and tenant (though we may assist as outlined above).

User Responsibilities: You agree that you understand the risks inherent in dealing in real estate and with strangers online. Users must take reasonable precautions, for example, when going to view a property, consider letting someone know where you'll be; when entering into a lease, read the terms carefully; when transferring any keys or access, do so in a safe manner. Subletly is not responsible for any personal harm or property damage that may occur in the course of a sublet arrangement — these matters are covered by the lease between landlord and tenant or applicable law, not this Agreement.

Minimum Stay Requirement

Users may only post or offer listings for stays of 30 days or longer. Subletly does not permit listings or agreements for rental periods shorter than 30 days. It is the responsibility of each user to ensure that their listing, lease terms, and subletting activities comply with applicable state, municipal, and landlord-tenant laws. Subletly reserves the right to remove any listing, suspend an account, or terminate access to the platform if this requirement is violated or if a listing appears to breach local housing regulations.

12. Limitation of Liability

To the fullest extent permitted by law, Subletly (including our affiliates, officers, directors, employees, and agents) shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, goodwill, or other intangible losses, resulting from: (a) your access to or use of (or inability to access or use) the Platform; (b) any conduct or content of any user or third party on the Platform, including defamatory, offensive, or illegal conduct of others; (c) any content obtained from the Platform; or (d) unauthorized access, use, or alteration of your transmissions or content. This limitation applies to any theory of liability, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not Subletly has been informed of the possibility of such damage.

In particular, Subletly is not liable for the actions or omissions of users, as we are not a party to the rental agreements. For example, we are not responsible if a landlord fails to honor a booking or if a tenant causes damage to a property; any such dispute is between the parties to the lease. We are not liable for any injuries, losses, or damages of any kind arising from your interactions with other users or your stay at a property or hosting of a tenant, except to the extent caused by our gross negligence or willful misconduct (and then subject to the below cap).

Cap on Liability: Except where prohibited by law, in no event shall Subletly's total liability to you for all claims arising out of or relating to this Agreement or your use of the Platform exceed the total amounts you have paid to Subletly in the twelve (12) months prior to the event giving rise to the liability, or one hundred U.S. dollars (US $100) if no such payments have been made (whichever is greater). This limitation is cumulative and not per-incident. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above exclusions or limitations may not apply to you in such cases.

Release: You release Subletly and its affiliates from any claims, demands, and damages of every kind and nature, known and unknown, arising out of or connected with any dispute you have with any other user of the Platform. In entering into this release, you expressly waive any protections (whether statutory or otherwise) that would limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

13. Indemnification

You agree to defend, indemnify, and hold harmless Subletly, its affiliates, and their respective officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses (including, but not limited to, reasonable legal and accounting fees) arising out of or in any way connected with: (a) your breach of these Terms or of the representations and warranties made by you herein; (b) your improper use of the Platform or any Subletly services; (c) your interaction with any user, stay at a property, or creation of a listing, including any injuries, losses, or damages (whether to person or property) of any kind arising in connection with such interaction or transaction; (d) your violation of any laws, regulations, or third-party rights (such as intellectual property or privacy rights).

Subletly reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (in which case you agree to cooperate with Subletly in asserting any available defenses). This indemnity obligation will survive the termination or expiration of your user relationship with Subletly and the use of our services.

14. Termination and Suspension

By User: You may stop using the Platform at any time. You may also delete your Subletly account by following the instructions on the site or contacting us. Deleting your account will terminate your ability to log in, though these Terms (and any subsequent lease agreements you entered into) may continue to apply to past transactions. Note that content you provided before deletion (such as reviews or messages) may still be maintained by us as part of Platform records.

By Subletly: We may, at our discretion, suspend or terminate your account or access to the Platform at any time, with or without notice, if we believe that (a) you have breached these Terms or any other policy incorporated by reference, (b) you have provided inaccurate, fraudulent, or incomplete information during registration or thereafter, (c) you have engaged in misconduct or actions that could harm the rights, property, or safety of Subletly, our users, or others, or (d) your account has been inactive for an extended period. In case of minor violations, we may give you a warning or ask you to take certain steps to remedy an issue before we take further action, but we are not obligated to do so.

If your account is terminated or suspended, you do not have a right to restore it. Subletly may also decide to cancel any upcoming bookings associated with a terminated account, without liability to you, in order to protect other users. If you are a host and we terminate your account, your listings will be removed or deactivated. If you are a tenant with a future reservation and your account is terminated, you may lose access to that booking (with a refund provided if appropriate). The decision to terminate an account will consider the severity of the breach and any harm posed to our community, as determined by us.

Even after termination, certain provisions of these Terms will remain in effect. These include sections on Disclaimers, Limitation of Liability, Indemnification, Dispute Resolution, and any other provisions which by their nature should survive.

15. Dispute Resolution and Governing Law

Governing Law: These Terms and any disputes arising out of or relating to them or the use of the Platform will be governed by the laws of The State of New York without regard to its conflict of law provisions. If you are accessing the Platform from outside the governing jurisdiction, you are responsible for complying with local laws.

Arbitration: For users in the United States (or other applicable countries), you and Subletly agree that any dispute, claim, or controversy arising out of or relating to these Terms or the use of the Platform that cannot be resolved informally shall be settled by binding arbitration on an individual basis. This means you and Subletly are waiving the right to a trial by jury or to participate in a class action. The arbitration will be conducted by The American Arbitration Association (AAA) under its rules, in a mutually convenient location (or via teleconference for small claims). Judgment on the arbitration award may be entered in any court of competent jurisdiction. Each party is responsible for their own costs in arbitration, except that Subletly will pay any arbitration filing fees or administrative fees that exceed the cost of filing a lawsuit in court.

There are some exceptions to arbitration: either party may bring claims in small claims court if they qualify, and either party may bring suit in court to enjoin infringement or misuse of intellectual property or confidential information.

Class Action Waiver: You and Subletly agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than arbitration, you waive any right to a jury trial or to participate in a class action against Subletly.

Opt-Out: If you do not wish to agree to arbitration for disputes, you must let us know in writing within 30 days of first accepting these Terms, or arbitration will be binding. Send an opt-out notice with your name, account email, and a statement that you decline arbitration to support@subletly.com.

16. Miscellaneous Provisions

• No Agency: No joint venture, partnership, employment, or agency relationship exists between you and Subletly as a result of this Agreement or your use of the Platform. You are acting solely on your own behalf and for your own benefit, and not on behalf of or for the benefit of Subletly. Subletly does not direct or control your off-platform agreements (between landlords and tenants) and is not deemed an agent of any user, except for the limited role of collecting payments as described above (and for that purpose only).
• Intellectual Property: All content and materials on the Platform (excluding user-generated content) are owned by or licensed to Subletly and are protected by intellectual property laws. This includes the Subletly name and logo, which are trademarks, as well as our software, design, text, graphics, images, and information. You may not use our intellectual property without our prior written consent, except as necessary for your use of the Platform in compliance with these Terms. You are granted a limited, revocable, non-exclusive, non-transferable license to use the Platform for its intended purposes. Any feedback or suggestions you provide about the Platform can be used by us without obligation.
• User Content License: By posting content (such as photographs, descriptions, reviews, etc.) on Subletly, you grant us a worldwide, royalty-free, non-exclusive, sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, and display that content for purposes of operating and promoting the Platform. This license ends when you delete the content or your account, unless the content has been shared with others who have not deleted it or it was used in marketing materials already created.
• Third-Party Services: The Platform may contain links or integrations to third-party websites or services (like mapping services, background check providers, or payment gateways). Subletly is not responsible for those third parties or their content or services. Your use of third-party services may be subject to their terms and policies. For example, use of Stripe's services is subject to Stripe's terms of service; Google Maps/Earth integrations would be subject to Google's terms, etc.
• Severability: If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of the remaining provisions. The unenforceable provision shall be modified so as to best accomplish the objectives of the original provision to the fullest extent allowed by law.
• No Waiver: Subletly's failure to enforce any right or provision of these Terms shall not constitute a waiver of future enforcement of that right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Subletly.
• Assignment: You may not assign or transfer these Terms (by operation of law or otherwise) without Subletly's prior written consent. Any attempt by you to assign or transfer these Terms without consent will be null. Subletly may freely assign or transfer these Terms without restriction as part of a merger, acquisition, reorganization, or sale of assets, or by operation of law. These Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
• Entire Agreement: These Terms, together with any supplemental policies or agreements referenced (such as our Privacy Policy, any applicable guidelines, and, if applicable, additional terms provided for certain promotions or features), constitute the entire agreement between you and Subletly regarding your use of the Platform, superseding any prior oral or written understandings. Each party acknowledges that in entering into this Agreement, it has not relied upon any representations or statements not expressly set forth herein.
• Notices: We may provide notices to you via the email address you provided at registration or by posting on the Platform. Notices sent by email will be deemed received 24 hours after the email is sent, unless we are notified that the email address is invalid. Notices posted on the Platform will be deemed received upon your next use of the Platform. If you need to give notice to us, please do so by email to support@subletly.com.

Thank you for using Subletly! We strive to create a safe and effective marketplace for subletting and property rentals. If you have any questions about these Terms or any part of our service, please contact us at support@subletly.com. By fostering a trustworthy community and adhering to these guidelines, we can ensure a positive experience for all users.