Terms and Conditions

Terms and Conditions

The terms and conditions of this website (“site”) and the services that you can use on this site are
listed below. This website and associated services are provided by LoftyWorks (“Lofty”). Our corporate
details are set out below:

Your use of the site and our services is subject to the following terms and conditions (the ‘Terms’). For
the avoidance of doubt, these Terms apply to any device you use to access our sites and/or our services.

You are bound to these Terms by your visit to our site and/or your use of our services (the “LoftyWorks
Services”). Excluding end-user created content, we attempt to make but do not guarantee all our content
that you access on our site:

• Suitable for all our age groups (unless otherwise indicated);
• Free from any material that infringes any copyright or other third party intellectual property
  rights;
• Free from any defamatory statements;
• (in the case of advertising and/or sponsorship material) free from any misrepresentative and/or
  misleading statement; and Free of any abusive, illegal, adult, overly violent or otherwise
  unsuitable material.

If you have a concern about any content on our site or within the LoftyWorks Services please let us know
via our support@loftyworks.com.

If you continue to browse and use this site, you agree to comply with and be bound by the Terms, which
together with our privacy policy govern LoftyWorks’ relationship with you regarding this site and
LoftyWorks Services. If you disagree with any part of these Terms, please do not use our site or
LoftyWorks Services.

Additional Services offered by LoftyWorks

You may subscribe to or use additional Services. These additions may be subject to eligibility and your
execution of an order form or completion of an additional online sign-up workflow. All new Services are
subject to these Terms of Service.

Customer Support

We will make commercially reasonable efforts to provide complimentary technical support services to you
and your authorized users of the Services. Our standard support is available Monday through Friday from
8:00 a.m. to 8:00 p.m. Eastern Time, excluding major holidays such as Memorial Day, Independence Day,
Labor Day, Thanksgiving, Christmas, and New Year’s Day.

Data Protection

Your Obligations

You will comply with all applicable privacy, data protection, anti-spam, and other laws, rules,
regulations, and guidelines related to the protection, collection, use, and distribution of Personal
Information (as defined below). If required by applicable data protection legislation or other laws or
regulations, you will inform third parties that you are providing their Personal Information to us for
processing and ensure that any required third parties have given their consent to such disclosure and
processing.

“Personal Information” means any information that identifies, relates to, describes, or can be reasonably
associated with or traced to, directly or indirectly, an individual or household, including an
individual’s name, address, telephone number, email address, credit card information, social security
number, or other similar specific factual information, regardless of the media on which such information
is stored (e.g., on paper or electronically).

User Contributed Content

You must not post any content on our site that:

• is commercial in nature (e.g. we do not want you to try to sell anything on our site);
• is, in our sole and absolute discretion, offensive;
• contravenes the objectionable content rules set out in Our Content above, or
• is, in our sole and absolute discretion, inappropriate for inclusion on our site.

In respect of any content that you do submit, you hereby grant us a perpetual royalty-free license to use
all such content for all purposes that our site and the LoftyWorks Services may require (both at the
time of posting and any enhancement thereof, whether foreseeable or not) anywhere and everywhere in the
world and to republish and permit the republication of such content anywhere else on the internet and/or
in print publications and/or similar.

Copyrights and DMCA

We respect the intellectual property rights of others, we act in accordance with our interpretation of
the Digital Millennium Copyright Act (“DMCA”). If you believe that your work has been copied or was
otherwise used in a way that constitutes copyright infringement, you may notify Customer Support of such
infringement by phone at 1 (855) 981-7557 or by email using support@loftyworks.com.

If we receive notice regarding a copyright infringement related to your Member Account or Member Website,
we may cancel your Member Account, take your Member Website down or remove any content in our sole and
absolute discretion, with or without prior notice to you. In such a case, you may file an appropriate
counter-notice in accordance with Section 512 of the DMCA.

DMCA

Third-Party Materials and Services

Certain content, websites, software and services available via the site, may incorporate materials or
services from third parties (collectively, “Third-Party Content and Services”). You agree that
LoftyWorks is not responsible for examining or evaluating the content or accuracy and does not warrant
and will not have any liability or responsibility for any Third-Party Content and Services, or for any
other materials, products, or services of third parties.

Please note that if you use certain LoftyWorks Services, content or software provided by third-parties,
you may be subject to additional applicable terms and conditions of use or supply (see Use of
Third-Party Products and Services below).

Please note some LoftyWorks Services have been developed by LoftyWorks and are licensed to you by
LoftyWorks and some LoftyWorks Services have been developed, and are licensed to you, by a third-party.

In addition, the site and certain LoftyWorks Services, may display, include or make available content,
provide links, data, information, applications or materials from Third-Party Content and Services. By
using the site or LoftyWorks Services, you acknowledge and agree that LoftyWorks is not responsible for
examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance,
legality, decency, quality or any other aspect of such Third-Party Content and Services.

In addition, we make no representation that such Third-Party Content and Services are appropriate or
available for use in any particular location or by all users. To the extent you choose to use or access
such Third-Party Content and Services, you do so at your own initiative and are responsible for
compliance with any applicable laws, including but not limited to applicable local laws and regulations.

We do not warrant and will not have any liability or responsibility to you or any other person as a
result of accessing any Third-Party Content and Services, or for any other materials, products, or
services of third parties that you agree to use or purchase through the site.

Modification; Discontinuation. Without notice of any kind, LoftyWorks may modify, amend, increase,
decrease, terminate, or discontinue, in its sole and absolute discretion, the LoftyWorks Service and/or
any LoftyWorks Service features or functions including but not limited to Third-Party Content and
Services. If you do not agree to any such change, you understand and agree that your exclusive recourse
is to terminate this Agreement as detailed in the “Cancellation Rights” section below.

Third-party Services. LoftyWorks Services include the following third-party services:

1. Payment Services: LoftyWorks Services – Payment are powered by two separate processing partners:
   Stripe (inbound payments) and Checkbook.io (outbound payments). Your use of the Payment services
   provides consent to us and those third party providers to access or use your data as required for
   the interoperation of their products and services with LoftyWorks.
2. Tenant Screening: LoftyWorks Services – Tenant Screening are powered by TransUnion. Your use of the
   Tenant Screening features provides consent to Lofty and TransUnion to access or use your data as
   required for the interoperation of their products and services with LoftyWorks.
   1. You may use the Screening Services solely to screen prospective tenants (“Applicants”) for
      the purposes of making informed decisions about their suitability as a tenant.
   2. Subject to your compliance with these Terms and payment of all fees for the LoftyWorks
      Services – Tenant Screening, you are hereby authorized to request and use the criminal,
      eviction, employment, income, and/or credit information (collectively, the “Information”) of
      your Applicants solely to enable you to make informed decisions in the tenant screening
      process (“Permissible Purpose”). You agree, understand, acknowledge, certify and warrant
      that you will
      1. request and use the Information solely on Applicants;
      2. solely for the Permissible Purpose; and for no other purpose (collectively,
         “Screening Terms”).
      3. In the event that you violate these Screening Terms or any related policies or
         guidelines, we reserve the right to restrict or terminate your access to the
         LoftyWorks Services – Tenant Screening.
   3. You agree, understand, acknowledge, certify and warrant that
      1. you are an end-user of the Information; and
      2. you will not resell, rent, lease, sublicense, deliver, display, distribute or
         otherwise transfer such Information to any third party, except as expressly required
         by applicable laws.
   4. You shall receive and maintain all Information in strict confidence and shall:
      1. request the Information pursuant to the procedures prescribed by us;
      2. request and use the Information solely for a certified one-time use for the
         Permissible Purpose;
      3. not disclose the Information to any third party except, if required by applicable
         laws, to the subject of the Information in connection with an adverse action based
         on the Information; and
      4. comply with all applicable laws, rules, regulations and guidelines in your use of
         the Information.
   5. You agree and warrant that the Information will not be used in violation of any applicable
      federal, state or local laws, rules, regulations or guidelines, including but not limited to
      the Fair Credit Reporting Act 15 U.S.C. 1681 et seq. (“FCRA”), Equal Credit Opportunity Act,
      the Fair Housing Act, Title VII of the Civil Rights Act of 1964 and any state or local law
      equivalent of such laws. You accept full responsibility for complying with all such laws and
      for using the Information you receive in a legally acceptable fashion. It shall be your sole
      responsibility to ensure that you are in full compliance with applicable laws and all of our
      policies and procedures before requesting or using any Information, and you understand that
      a failure to do so may subject you to civil or criminal liability. Being the recipient of
      Information, you are required to comply with the provisions of the FCRA and certify that you
      have received, read and shall comply with FCRA.
   6. You agree to have reasonable procedures for the fair and equitable use of the Information
      and to secure against unauthorized access, use, disclosure and loss. You agree to take
      reasonable security measures to protect the security and dissemination of the Information
      including, without limitation, restricting terminal access, utilizing passwords to restrict
      access to terminal devices, and securing access to, dissemination and destruction of
      electronic and hard copy reports. You shall implement security breach notification
      procedures in accordance with applicable laws. In the event of a security breach, you shall
      immediately notify us in writing and comply with our compliance requirements and any
      applicable laws.
3. Bank Integration: We also use data relating to your bank account(s) held by third party financial
   institutions (“Open Banking”) to help us to provide you with automated and dynamic access to your
   spending activity. We will therefore request your permission, as part of the connection process, to
   access your bank account(s) data using Open Banking. We use third party providers such as Plaid for
   this purpose, and by using our services, you accept such third-party provider’s terms of use and
   privacy policies and expressly grant such third party the right, power, and authority to access and
   transmit your information as reasonably necessary to provide the services to you.
4. ofty Integration: Your LoftyWorks account is a separate account distinct from your lofty account.
   You can view the Lofty Terms of Use here.
   1. This integration enables Single Sign-On (SSO) functionality, allowing for the sharing of
      lead and property data between the two systems. By agreeing to these Terms of Use, you
      acknowledge and authorize the exchange of relevant data between your Lofty and LoftyWorks
      accounts for the purpose of enhancing your user experience and facilitating efficient access
      to our services.
   2. Please note that the information shared between your Lofty and LoftyWorks accounts will be
      governed by our Privacy Policy, and we are committed to ensuring the confidentiality and
      security of your data in accordance with applicable laws and regulations.
   3. By proceeding with the purchase of LoftyWorks, you agree to the terms outlined in this
      section regarding the creation of a separate account and the integration authorization
      between Lofty and LoftyWorks.

Payments

As part of registering or submitting information to receive LoftyWorks Services, you also authorize us
(either directly or through our affiliates, subsidiaries, or other third parties) to request and collect
payment (or otherwise charge, refund, or take any other billing actions) from our payment provider or
your designated banking account, and to make any inquiries we or our subsidiaries or affiliates may
consider necessary to validate your designated payment account or financial information, in order to
ensure prompt payment, including for the purpose of receiving updated payment details from your payment,
credit card or banking account provider (e.g., updated expiry date or card number as may be provided to
us by your credit card company). When you receive a charge on your payment method for your Lofty
subscription, it will show as being from Lofty Inc.

Monthly vs. Annual Subscriptions

If you are a monthly subscriber, you will be charged on the same day as you (or your authorized User)
placed the corresponding order, and, thereafter, LoftyWorks will automatically bill your credit card,
debit card or bank account on the first day of each month until you cancel or terminate in accordance
with this Agreement. If you are an annual subscriber, you will be billed annually on the anniversary
date of the original order (“Annual Billing Anniversary Date”) until you cancel or terminate in
accordance with this Agreement.

Other websites

Our content contains links to other websites that may not be under our control. We provide links to
third-party websites for reference and as a convenience to you. We are not responsible in any way for
the content of those websites and you follow any links at your own risk. We do not endorse the services
or products that you may find on any other website.

Your Privacy

We are committed to protecting and respecting your privacy and we do collect and use data (including
location data) about how you and other viewers browse our sites, view our content and use
LoftyWorks/LoftyWorks Services. In addition, we may share your data in order to enable you to use
specific LoftyWorks Services and to allow us to develop and improve the LoftyWorks Service. For
information about LoftyWorks’ data protection practices, please read our Privacy Policy and our Data
Processing Agreement which are hereby incorporated into this Agreement. This policy explains how we
treat your personal information when you access and utilize Lofty’s Services.

Registration

Some parts of our site and in order to use certain LoftyWorks Services may require that you identify
yourself to us. In particular, in order to create properties and tenancies, you will need to create and
use an account with us.

In doing so, you must not use any false information, or impersonate any third party. Any password that we
provide to you (or that you choose) is confidential. You must not share your login name or password with
anyone else and we are entitled to treat anyone that uses your credentials as if they were you.

We recommend changing passwords regularly and using different ones for your accounts across your
different online accounts.

Permitted Use

You may visit and use our site (and use any feeds) for non-commercial purposes only. Without our prior
written consent, you may not use or attempt:

• to use any systemic method to copy our content so as to create a database in electronic or paper
  form comprising in whole or in part our content;
• to copy any of our content for the purposes of republishing it;
• to modify or adapt or derive other works from our content;
• to scan, spider or index our content in violation of our robots.txt directives;
• to purchase search engine or other pay per click keywords (such as Google AdWords), or domain names
  that use our name or our Marks and/or variations and misspellings thereof
• to scan, spider or index our content in a manner inconsistent with good industry practice or so as
  to place an unreasonable burden or load on the webservers and other technical infrastructure from
  which our systems are operated (even if permitted by our robots.txt directives).
• to impersonate any person or entity or provide false information, whether directly or indirectly, or
  otherwise disguise your identity or the origin of any message or transmittal you send to us;
• to falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely
  express or imply that we or any third party endorses you, your business, your products or services,
  or any statement you make;
• to probe, scan, or test the vulnerability of any network connected to the LoftyWorks Services;
• to upload to the LoftyWorks Services or otherwise use them to design, develop, distribute and/or
  otherwise transmit or execute, any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware,
  or any other computer code, file, or program that may or is intended to damage or hijack the
  operation of any hardware, software, or telecommunications equipment, or any other actually or
  potentially harmful, disruptive, or invasive code or component;
• to take any action that may impose an unreasonable or disproportionately large load on the
  infrastructure of the LoftyWorks Services or our systems or networks connected to the LoftyWorks
  Services, or otherwise interfere with or disrupt the operation of any of the LoftyWorks Services, or
  the servers or networks that host them or make them available, or disobey any requirements,
  procedures, policies, or regulations of such servers or networks;
• to interfere or attempt to interfere with the proper working of the LoftyWorks Services or any
  activities conducted in connection with the LoftyWorks Services;
• to use any of the LoftyWorks Services in connection with any form of spam, unsolicited mail, fraud,
  scam, phishing, “chain letters”, “pyramid schemes” or similar conduct, or otherwise engage in
  unethical marketing or advertising;
• to sell, license, or exploit for any commercial purposes any use of or access to the licensed
  content and/or LoftyWorks Services, except as expressly permitted by this Agreement.

If we believe that you are not acting in accordance with our rules we may suspend or terminate your access
to the interactive elements of our site and/or block you from our site and the LoftyWorks Service
altogether.

Cancellation Rights

Failure to comply with any material term of this Agreement or failure to pay any Fee when due under this
Agreement may result in suspension of access (until full payment is made) or cancellation of the
LoftyWorks Services. You may discontinue use and request to cancel your Member Account or any Services
at any time by contacting the LoftyWorks Support Team (support@loftyworks.com).

You shall be solely responsible for the discontinuation of any LoftyWorks Services purchased by you.

CHARGEBACKS

If, at any time, you contact your bank or credit card company and decline, chargeback or otherwise reject
the charge of any payable Fees (collectively, a “Chargeback”), this will constitute a breach of your
payment obligations hereunder, your use of the LoftyWorks Services may be automatically terminated. If
you have any questions or concerns regarding a payment made to us, we encourage you to first contact our
Support Team at support@loftyworks.com before filing a Chargeback with your financial institution.

Termination

We may terminate your access to all or any part of the LoftyWorks Services at any time, with or without
cause, with or without notice, and effective immediately, which may result in the forfeiture and
destruction of all information associated with your account. If you wish to terminate your Account, you
may do so according to the terms outlined in this Agreement by following the instructions outlined on
the site or through the LoftyWorks Services. All provisions of these Terms which by their nature should
survive termination shall survive termination, including, without limitation, licenses of User Content,
ownership provisions, warranty disclaimers, indemnity and limitations of liability, and arbitration.

Disclaimers

We do not guarantee in any way that our site, apps and service will remain as it is nor will be available
at any particular time.

All our content is provided on an as-is basis. To the maximum extent allowed by law, we do not give any
representation, warranty or undertaking of any kind in respect of our site or any of our content
including, without limitation, any warranty of satisfactory quality, conformity, accuracy, adequacy or
fitness for any particular purposes.

In our site and through our community you may well interact with other people. We are not liable for any
harm you might come to nor damage you may suffer as a result of such interaction.

Indemnity

You shall fully and completely indemnify and hold harmless Lofty and its parent and subsidiaries, and our
data providers and our third-party suppliers against all costs, damages, expenses without limitation,
loss and liabilities that arise as a direct or indirect result of negligence or breach of statutory
duty, or breach of these Terms by you, or your agents or your partners.LoftyWorks reserves the right,
to assume the exclusive defense and control of any matter otherwise subject to indemnification by you,
and in that case, you agree to cooperate with Lofty’s defense of that claim.

Limitation of liability

You agree that we are not liable to you for any loss (of whatsoever nature) that you may suffer as a
result of your access and use of our site. However this shall not exclude any liability it is not lawful
to exclude (either now or in the future).

If you are a business customer of LoftyWorks we only supply our LoftyWorks Services for internal use by
your business, and you agree not to use LoftyWorks Services or our products for any resale purposes.

Nothing in these Terms and Conditions limits or excludes our liability for:

• death or personal injury caused by our negligence; or
• fraud or fraudulent misrepresentation.

Subject to the above items that are not excluded, we will under no circumstances whatever be liable to
you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising
under or in connection with the Contract for:

• any loss of profits, sales, business, or revenue;
• loss or corruption of data, information or software;
• loss of business opportunity;
• loss of anticipated savings;
• loss of goodwill; or
• any indirect or consequential loss.

If you are a consumer customer of LoftyWorks and we fail to comply with these Terms, we may be
responsible only for loss or damage you suffer that is a foreseeable result of our breach of these Terms
or our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it
was contemplated by you and us at the time we entered into this contract.

We only supply LoftyWorks Services to consumers for private use. You agree not to use LoftyWorks Services
for any commercial, business or resale purposes, and we shall have no liability to you for any loss of
profit, loss of business, business interruption, or loss of business opportunity.

As a consumer your statutory rights are not affected and we do not in any way exclude or limit our
liability for:

• death or personal injury caused by our negligence; or
• fraud or fraudulent misrepresentation.

Subject to the above exclusions and exceptions, our total liability to you whether as a business or
consumer in respect of all losses arising under or in connection with the Terms, whether in contract,
tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed
one hundred United States Dollars ($100 USD). 

Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings
in relation to the LoftyWorks Services. Any representation, condition or warranty which might be implied
or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent
permitted by law. In particular, we will not be responsible for ensuring that the LoftyWorks Services
are suitable for your purposes.

Events Outside Our Control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our
obligations under these Terms that is caused by an ‘Event Outside Our Control’.

An Event Outside Our Control means any act or event beyond our reasonable control. If an Event Outside
Our Control takes place that affects the performance of our obligations under these Terms: 

• we will contact you as soon as reasonably possible to notify you; and
• our obligations under these Terms will be suspended and the time for performance of our obligations
  will be extended for the duration of the Event Outside Our Control.

Where the Event Outside Our Control affects our performance of the LoftyWorks Services to you, we will
restart the LoftyWorks Services as soon as reasonably possible after the Event Outside Our Control is
over.

Changes To These Terms

We work constantly to improve our LoftyWorks Services with updates, new features, and new services.  And we may need to change these Terms from time to time to accurately reflect our LoftyWorks Services and practices. Any revised Terms will supersede prior versions. We reserve the right, in our sole and absolute discretion, to modify or replace any of these Terms or change, suspend, limit, or discontinue the LoftyWorks Services at any time. If we deem any modification or update to these Terms are material, we will post a notice on the site or send you notice by another appropriate means of electronic communication. It is your responsibility to check these Terms periodically for changes. Your continued use of the LoftyWorks Services following posting or notification of any changes to these Terms constitutes acceptance of those changes.

General

These Terms are the entire agreement between you and us as to your access and use of our site and the LoftyWorks/LoftyWorks Services.

The rights and remedies set out in these Terms are cumulative and without prejudice to any other accrued rights and remedies, whether under contract, law or otherwise.

If any of these Terms are or become illegal or unenforceable under applicable law, that part that is illegal or unenforceable shall be deemed to be deemed severable and will not affect the validity and enforceability of any of the remaining provisions of this Agreement. The remaining Terms will remain in full force and effect.

If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.