Please read these Terms of Service (“Terms”) carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the Roomr Platform, you agree to comply with and be bound by these Terms.
Thank you for using Roomr!
These Terms constitute a legally binding agreement ("Agreement") between you and Roomr (as defined below) governing your access to and use of the Roomr website, including any subdomains thereof, and any other websites through which Roomr makes its services available (collectively, "Site"), our mobile, tablet and other smart device applications, and application program interfaces (collectively, "Application") and all associated services (collectively, "Roomr Services"). The Site, Application and Roomr Services together are hereinafter collectively referred to as the “Roomr Platform”. When these Terms mention “Roomr,” “we,” “us,” or “our,” it refers to the Roomr company you are contracting with. Your contracting entity will generally be determined based on your country of residence or establishment.
Sellers alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their Listings and other renting activities including, but are not limited to Fair Housing Act provisions and other federal and state laws. In many states, sellers will be required to abide by additional discrimination laws beyond the scope of the federal laws. Seller are alone responsible for identifying and obtaining any required licenses, permits, or registrations for any renting activities they participate in. Certain types of renting activities may be prohibited altogether. Penalties may include fines or other enforcement. If you have questions about how local laws apply to your Listing(s) and renting activities on Roomr, you should seek legal guidance.
1. Scope of Roomr Services
- The Roomr Platform is an online and SMS-based marketplace that enables registered users (“Members”) to publish Listings and communicate and transact directly with Members that are seeking to rent such Listings or other properties for housing accommodations.
- As the provider of the Roomr Platform, Roomr does not own, create, sell, resell, provide, control, manage, offer, or supply any Listings. Sellers alone are responsible for their Listings. When Members make or rent out a Listing, they are entering into a contract directly with each other. Roomr is not and does not become a party to or other participant in any contractual relationship between Members, nor is Roomr a real estate broker, property manager, or insurer. Roomr is not acting as an agent in any capacity for any Member.
- To promote the Roomr Platform and to increase the exposure of Listings to potential Buyers, Listings, and other Member content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist Members who speak different languages, Listings and other Member Content may be translated, in whole or in part into other languages. Roomr cannot guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of such translations. The Roomr Platform may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement.
- The Roomr Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Roomr is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Roomr of such Third-Party Services.
- Due to the nature of the Internet and telecommunications networks, Roomr cannot guarantee the continuous and uninterrupted availability and accessibility of the Roomr Platform. Roomr may restrict the availability of the Roomr Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Roomr Platform. Roomr may improve, enhance and modify the Roomr Platform and introduce new Roomr Services from time to time.
2. Modification of these Terms
1. Roomr reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Roomr Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Roomr Platform will constitute acceptance of the revised Terms.
3. Member Registration
- You must register an account ("Roomr Account") to access and use certain features of the Roomr Platform, such as publishing or renting a Listing. If you are registering a Roomr Account for a business, organization or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
- You can register a Roomr Account using a mobile phone number. You have the ability to cancel your account at any time.
- You are responsible for maintaining the confidentiality and security of your Roomr Account credentials and may not disclose your credentials to any third party. You must immediately notify Roomr if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Roomr Account. You are liable for any and all activities conducted through your Roomr Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
- Roomr may enable features that allow you to authorize other Members or certain third parties to take certain actions that affect your Roomr Account.
Roomr may, at its sole discretion, enable Members to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Roomr Platform ("Member Content"); and (ii) access and view Member Content and any content that Roomr itself makes available on or through the Roomr Platform, including proprietary Roomr content and any content licensed or authorized for use by or through Roomr from a third party ("Roomr Content" and together with Member Content, "Collective Content").
The Roomr Platform, Roomr Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge and agree that the Roomr Platform and Roomr Content, including all associated intellectual property rights, are the exclusive property of Roomr and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Roomr Platform, Roomr Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Roomr used on or in connection with the Roomr Platform and Roomr Content are trademarks or registered trademarks of Roomr in the United States and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Roomr Platform, Roomr Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Roomr Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Roomr or its licensors, except for the licenses and rights expressly granted in these Terms.
Subject to your compliance with these Terms, Roomr grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and view any Collective Content made available on or through the Roomr Platform and accessible to you, solely for your personal and non-commercial use.
By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Member Content on or through the Roomr Platform, you grant to Roomr a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such Member Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Member Content to provide and/or promote the Roomr Platform, in any media or platform.
You are solely responsible for all Member Content that you make available on or through the Roomr Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available on or through the Roomr Platform or you have all rights, licenses, consents and releases that are necessary to grant to Roomr the rights in and to such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Roomr's use of the Member Content (or any portion thereof) as contemplated under these Terms will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances; or (vi) violates Roomr’s Content Policy or any other Roomr policy. Roomr may, without prior notice, remove or disable access to any Member Content that Roomr finds to be in violation of applicable law, these Terms or Roomr’s then-current Policies or Standards, or otherwise may be harmful or objectionable to Roomr, its Members, third parties, or property.
5. Terms specific for Sellers
- When creating a Listing through the Roomr Platform you must (i) provide complete and accurate information about your Seller Service (such as listing description, location, and calendar availability), (ii) disclose any deficiencies, restrictions (such as house rules) and requirements that apply (such as any minimum age, proficiency or fitness requirements for an Experience) and (iii) provide any other pertinent information requested by Roomr. You are responsible for keeping your Listing information (including calendar availability) up-to-date at all times.
- You are solely responsible for setting a price (including any Taxes if applicable, or charges such as cleaning fees) for your Listing (“Listing Fee”). Once a Guest requests a renting of your Listing, you may not request that the Guest pays a higher price than in the renting request.
- Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with these Terms or the relevant cancellation policy for your Listing.
- Pictures, animations or videos (collectively, "Images") used in your Listings must accurately reflect the quality and condition of your Listing. Roomr reserves the right to require that Listings have a minimum number of Images of a certain format, size and resolution.
- The placement and ranking of Listings in search results on the Roomr Platform may vary and depend on a variety of factors, such as Guest search parameters and preferences, Seller requirements, price and calendar availability, number and quality of Images, customer service and cancellation history, type of Listing, and/or ease of renting.
- When you accept or have pre-approved a renting request by a Guest, you are entering into a legally binding agreement with the Guest and are required to provide your Listing to the Guest as described in your Listing when the renting request is made. You also agree to pay the applicable Seller Fee and any applicable Taxes.
- You represent and warrant that any Listing you post and the renting of, or a Guest's stay at, an Accommodation will (i) not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, or other agreements, and (ii) comply with all applicable laws (such as zoning laws), Tax requirements, and other rules and regulations (including having all required permits, licenses and registrations). As a Seller, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Accommodation at your request or invitation, excluding the Guest and any individuals the Guest invites to the Accommodation.
6. Terms specific for Guests
1. Upon receipt of a renting confirmation from Roomr, a legally binding agreement is formed between you and your Seller, subject to any additional terms and conditions of the Seller that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Listing. For certain renting transactions, Guests may be required to pay or have the option to pay in multiple installments.
7. Term and Termination, Suspension and other Measures
- This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or Roomr terminate the Agreement in accordance with this provision.
- You may terminate this Agreement at any time by sending us an email. If you cancel your Roomr Account as a Seller, any confirmed renting(s) will be automatically cancelled and your Guests will receive a full refund. If you cancel your Roomr Account as a Guest, any confirmed renting(s) will be automatically cancelled and any refund will depend upon the terms of the Listing’s cancellation policy.
- Without limiting our rights specified below, Roomr may terminate this Agreement for convenience at any time by giving you thirty (30) days' notice via email to your registered email address.
- Roomr may immediately, without notice, terminate this Agreement and/or stop providing access to the Roomr Platform if (i) you have materially breached your obligations under these Terms, (ii) you have violated applicable laws, regulations or third party rights, or (iii) Roomr believes in good faith that such action is reasonably necessary to protect the personal safety or property of Roomr, its Members, or third parties (for example in the case of fraudulent behavior of a Member).
- In case of non-material breaches and where appropriate, you will be given notice of any intended measure by Roomr and an opportunity to resolve the issue to Roomr's reasonable satisfaction.
- When this Agreement has been terminated, you are not entitled to a restoration of your Roomr Account or any of your Member Content. If your access to or use of the Roomr Platform has been limited or your Roomr Account has been suspended or this Agreement has been terminated by us, you may not register a new Roomr Account or access and use the Roomr Platform through a Roomr Account of another Member.
- If you choose to use the Roomr Platform or Collective Content, you do so voluntarily and at your sole risk. The Roomr Platform and Collective Content is provided “as is”, without warranty of any kind, either express or implied.
- You agree that you have had whatever opportunity you deem necessary to investigate the Roomr Services, laws, rules, or regulations that may be applicable to your Listings and that you are not relying upon any statement of law or fact made by Roomr relating to a Listing.
- The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
9. General Provisions
- Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between Roomr and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Roomr and you in relation to the access to and use of the Roomr Platform.
- No joint venture, partnership, employment, or agency relationship exists between you and Roomr as a result of this Agreement or your use of the Roomr Platform.
- These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
- If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
- Roomr’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
- You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Roomr's prior written consent. Roomr may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.
To Provide, Improve, and Develop the Roomr Platform.
We use, store, and process information, including personal information, about you to provide, understand, improve, and develop the Roomr Platform, create and maintain a trusted and safer environment and comply with our legal obligations. We use your data to:
To Create and Maintain a Trusted and Safer Environment.
To Provide, Personalize, Measure, and Improve our Advertising and Marketing.
With Your Consent.
Sharing between Members.
To help facilitate bookings or other interactions between Members, we may need to share certain information, including personal information, with other Members, as it is necessary for the adequate performance of the contract between you and us, as follows:
Profiles, Listings, and other Public Information.
Compliance with Law, Responding to Legal Requests, Preventing Harm and Protection of our Rights.
Social Media Platforms
In jurisdictions where Roomr facilitates or requires a registration, notification, permit, or license application of a Host with a local governmental authority through the Roomr Platform in accordance with local law, we may share information of participating Hosts with the relevant authority, both during the application process and, if applicable, periodically thereafter, such as the Host’s full name and contact details, Parking Lot address, tax identification number, Listing details, and number of nights booked.
Analyzing your Communications
Linking Third Party Accounts.
Managing Your Information
You may access and update some of your information through your Account settings. If you have chosen to connect your Roomr Account to a third-party application, like Facebook or Google, you can change your settings and remove permission for the app by changing your Account settings. You are responsible for keeping your personal information up-to-date.
Rectification of Inaccurate or Incomplete Information
You have the right to ask us to correct inaccurate or incomplete personal information concerning you (and which you cannot update yourself within your Roomr Account).
Data Access and Portability
Data Retention and Erasure
Withdrawing Consent and Restriction of Processing
Where you have provided your consent to the processing of your personal information by Roomr you may withdraw your consent at any time by changing your Account settings or by sending a communication to Roomr specifying which consent you are withdrawing. Please note that the withdrawal of your consent does not affect the lawfulness of any processing activities based on such consent before its withdrawal. Additionally, in some jurisdictions, applicable law may give you the right to limit the ways in which we use your personal information, in particular where (i) you contest the accuracy of your personal information; (ii) the processing is unlawful and you oppose the erasure of your personal information; (iii) we no longer need your personal information for the purposes of the processing, but you require the information for the establishment, exercise or defence of legal claims; or (iv) you have objected to the processing pursuant to Section 6.6 and pending the verification whether the legitimate grounds of Roomr override your own.
Objection to Processing