‍Terms & Conditions
Effective as of March 1st, 2025
‍
Introduction
‍This Contract (the “Contract”) between RentDigital, LLC. (“RentDigital,” “we,” “us,” or “our”) and the proprietor of residential rental properties (“Property Owner,” “Advertiser,” or “you”) is composed of all Insertion Orders jointly executed by RentDigital and the Advertiser, along with these Terms and Conditions. This Contract may be executed on the Property Owner’s behalf by a third-party acting as the Property Owner’s duly authorized agent (“Agent”), and in such cases, this Contract shall bind the Property Owner, regardless of specific identification herein.Services. RentDigital will deliver the products and services specified in an Insertion Order (the “Services”) to the Advertiser, adhering to this Contract’s stipulations. These Services may encompass, but are not limited to, the publication and display of an advertisement on digital platforms (collectively, the “Platforms”), containing information about one or more rental housing properties and/or related marketing services (each a “Property”). RentDigital retains the right, at any time and for any reason, to modify (with the Advertiser’s consent), reject, cancel, or remove an ad from the Platforms (charges will only apply for the duration the ad is active). During the Contract’s term, we may, at our discretion, distribute the Ads for display on affiliated or third-party advertising platforms, subject to these terms. RentDigital prohibits discriminatory advertisements; if we determine, in our sole judgment, that any ad element is potentially discriminatory, the ad will be immediately removed.

1. Advertiser Materials.
“Advertiser Materials” refers to all text, graphics, data, images, audio, video, photographs, and other media supplied by or on behalf of, or made accessible by, the Advertiser to RentDigital. The Advertiser authorizes us to access and replicate information from websites operated by the Property Owner, its Agent, or a Property to create a ad or otherwise perform (as defined herein) the Services, and such information shall be considered “Advertiser Materials” hereunder. The Advertiser grants RentDigital and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and sublicensable right and license to copy, display, distribute, create derivative works from, store, and utilize the Advertiser Materials in connection with our products and services. The Advertiser consents to RentDigital’s modification and/or summarization of Advertiser Materials, including through artificial intelligence, for purposes like search engine optimization. If the Advertiser uses appointment services for its Properties through the Platforms, the Advertiser authorizes its third-party service providers, including property management systems or those managing leads or guest card data, to provide RentDigital with lead, tour, and lease status data (“Lead Status Data”) via an application programming interface (“API”). If an API is unavailable, Lead Status Data will be provided through an alternative reporting method (mutually agreed upon). Property reporting must be provided at least monthly while ads are active.

2. RentDigital Content.
The ads and any ad components created, summarized, produced, or supplied by RentDigital under this Contract (including, but not limited to, ratings, reviews, photographs, videos, and enhanced floorplan products, if created or leads supplied by us) are owned by and remain the exclusive property of RentDigital and may not be copied or used by the Property, the Advertiser, or any agent without our prior written consent. We may collect data on how data is accessed, viewed, or interacted with by Platform visitors, including calls, emails, clicks, searches, views, impressions, or other actions, or any data collected concerning ads on the Platforms (collectively, “Performance Data”). RentDigital owns all rights, title, and interest (including intellectual property rights) in the Performance Data and any data or information created, derived, inferred, or generated using Performance Data.

3. Confidentiality.
Each party agrees not to disclose non-public business, technical, or other information relating to or provided by the other party, including this Contract’s terms (including pricing), to third parties, except its affiliates, agents, contractors, advisors, and consultants under appropriate confidentiality obligations.

4. User Data.
The Advertiser and any agent acting on its behalf agree not to disclose User Data (as defined below) to any third party or use it for any purpose not specifically intended herein. The Advertiser agrees (i) to use User Data in its possession solely to fulfill user requests and provide customer service, (ii) to provide Lead Status Data to RentDigital per this Contract, and (iii) to obtain, protect, use, and disclose User Data only in compliance with federal, state, and local laws, including Privacy Laws. “User Data” means (i) personal information relating to a Platform user or their device (including name, address, phone number, email, and financial information) received by the Advertiser through RentDigital’s Services, including potential renter contact information (“leads”), and (ii) any Lead Status Data provided by the Advertiser. RentDigital collects, holds, and processes User Data as a “business” and/or “controller” (as defined in Privacy Laws), with the sole right to determine its use. To the extent RentDigital provides User Data to the Advertiser, it does so based on the user’s direction. If the Advertiser provides Lead Status Data, (i) it was legally collected, (ii) the Advertiser is responsible for its accuracy, and (iii) the Advertiser has the right to provide it. The Advertiser will not “sell” User Data or disclose it for consideration, or “share” it for “cross-context behavioral advertising” (as defined in Privacy Laws), unless consistent with applicable Privacy Laws.

5. Advertiser Representations, Warranties, and Indemnification.
The Advertiser is solely liable for all Advertiser Materials and the acts of any third party acting on its behalf concerning RentDigital’s Services. The Advertiser warrants that (a) the Advertiser Materials are accurate, not libelous, do not violate privacy rights, infringe trademarks, copyrights, or other rights, and comply with all laws, including fair housing laws; (b) the Advertiser has all necessary rights to provide Advertiser Materials; and (c) the delivery of Advertiser Materials is virus-free. The Advertiser agrees to indemnify RentDigital from claims related to (i) the Advertiser Materials, except for modifications made by RentDigital without consent, (ii) the Advertiser’s use of User Data, (iii) the Advertiser’s violation of Section 5, and (iv) the acts of any third party acting on the Advertiser’s behalf.

6. Packages.
RentDigital may change its products or services or package components. We do not guarantee rankings in search results. We may upgrade  without notice and revert to the original package. If a product or service is discontinued, we will replace it with a comparable one or deduct the cost from the Advertiser’s invoice. Advertising packages may include additional products and services subject to specific terms.

7. Billing; Sales Tax.
Service charges commence upon Fulfillment. The Advertiser will be billed monthly, with amounts due upon receipt. Late payments incur interest, and RentDigital may suspend or terminate advertising. Billing error claims must be made within five business days. The Advertiser pays collection costs. Certain products may be subject to sales tax, which we will collect and remit.

8. Term; Cancellation.
Services commence upon receipt of the signed Insertion Order and continue for the specified term. Early termination requires payment of a cancellation fee. At the end of the term, services continue month-to-month until cancelled with 30-days written notice to cancellations@rentdigital.com. Following the initial term, RentDigital may adjust monthly rates.

9. Change in Owner or Agent.
This Contract remains in effect upon a change in the Owner’s Agent or the sale of a Property, unless RentDigital receives 30-days written notice to cancellations@rentdigital.com. No cancellation fee applies.

10. Fulfillment.
“Fulfillment” means actions necessary to provide the Services. This includes compiling Advertiser Materials, scheduling photo shoots, and collecting contact data. Fulfillment timing varies. Unless otherwise agreed, we will launch the ads upon completion of Fulfillment and notify the Advertiser. The Advertiser is deemed to approve the product unless it objects within three business days. If the Advertiser fails to facilitate Fulfillment, RentDigital may cancel the Service.

11. Taxes.
The Advertiser is liable for all taxes on the Services. Unless an exemption certificate is provided, we will collect and remit applicable taxes.

12. DISCLAIMER; LIMITATION OF LIABILITY.
RentDigital MAKES NO WARRANTIES, INCLUDING MERCHANTABILITY OR FITNESS FOR A PURPOSE. NEITHER PARTY IS LIABLE FOR INDIRECT DAMAGES. RENTDIGITAL’S LIABILITY IS LIMITED TO THE AMOUNT PAID UNDER THIS CONTRACT. RentDigital IS NOT LIABLE FOR THIRD-PARTY SERVICES OR SYSTEM FAILURES.

13. Miscellaneous.
This Contract supersedes all prior agreements. It is governed by Delaware law, and disputes will be adjudicated in Wilmington, Delaware. This Contract may be executed in counterparts.