Terms of Service

1. Acceptance of Terms

By creating an account, posting a listing, or otherwise using the Services in any way, you enter into a legally binding agreement with EMLAKIE LLC. You must be at least 18 years old and legally capable of entering into contracts under applicable law. If you are using the Services on behalf of a business or other legal entity, you represent that you have the authority to bind that entity to these Terms.

2. Description of Services

EMLAKIE is an independent online platform that allows landlords to post rental property listings and prospective tenants to browse and inquire about those listings. EMLAKIE acts as a passive conduit of information only. We are not a party to any rental transaction, lease agreement, or contract between users, and we do not broker, negotiate, manage, or otherwise participate in any such transaction.

In addition to browsing and inquiring, EMLAKIE also offers prospective tenants an optional tool to submit a proposed monthly rent for a listing. If a landlord provides a different amount in response (a counter-proposal), the tenant may accept or decline it. EMLAKIE relays these proposals and responses between users and tracks their status; EMLAKIE does not evaluate, approve, recommend, or decide any proposed rent amount, and the landlord has sole discretion to accept, decline, or counter any offer. An accepted offer is not a lease and does not obligate either party to enter into one — it is an indication that the parties wish to proceed to a full rental application, which is submitted and reviewed separately. No fee or commission is charged for this tool.

EMLAKIE does not own, manage, or inspect any properties listed on the platform, and we make no representations regarding the accuracy, safety, or legality of any listing.

Listings are submitted by users posting as property owners or managers, or through EMLAKIE's Broker Listed pathway. Where a listing is marked Broker Listed, it displays the agent's name, brokerage/office name, and license number as supplied by the submitter, in addition to the same information on the listing's detail page — EMLAKIE does not independently verify those credentials.

3. Fees and Compensation

EMLAKIE has two, and only two, sources of revenue.

First, a landlord may pay a fee to "Boost" a listing, which increases that listing's visibility and placement on the Services. Boosting a listing is always optional; a landlord may post, manage, and fill a vacancy on EMLAKIE without ever paying for Boost or any other feature.

Second, EMLAKIE may charge real estate service providers — such as property management companies or other real estate services — a fee to appear as a featured or sponsored placement on the Services. Any such placement is visibly labeled "Sponsored" and is not, and should not be understood as, an endorsement, recommendation, or verification by EMLAKIE of the sponsoring company.

Posting a standard listing, browsing listings, and submitting a rental application through the Services are, and will remain, free of any fee charged by EMLAKIE. EMLAKIE does not charge a broker fee, commission, or middleman fee of its own for any of these core functions. This does not affect any application fee a landlord independently sets for a specific listing, or any fee a third-party screening provider (see Section 10) charges an applicant directly — those fees, where they exist, are set and charged by the landlord or the third party, not by EMLAKIE. EMLAKIE does not guarantee that such a fee will be displayed on the Services before you apply; confirm any application or screening fee directly with the landlord or provider before submitting payment.

4. Eligibility

You must be at least 18 years old to use the Services. The Services are not directed to children under 13. We comply with the Children's Online Privacy Protection Act (COPPA). If we discover that a user under 13 has created an account, we will promptly delete that account and any associated information.

By using the Services, you represent and warrant that you meet all eligibility requirements, that you will only provide accurate information, and that your use complies with all applicable laws.

5. User Accounts

To access certain features, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration and keep it up to date
• Maintain the confidentiality of your password and account credentials
• Accept responsibility for all activity that occurs under your account
• Notify us immediately at support@emlakie.com if you suspect unauthorized access to your account

We reserve the right to suspend or terminate accounts that contain inaccurate information or that violate these Terms.

Referral rewards and other promotional Boost credits are limited to one per distinct person or business. Creating or using more than one account — including under a different email address, phone number, or other contact information — to obtain additional referral rewards, promotional Boost credits, or other benefits you would not otherwise qualify for is a violation of these Terms. We may revoke any improperly obtained credit or Boost and suspend or terminate the accounts involved.

6. Acceptable Use Policy

You agree not to use the Services to:

• Post false, misleading, or fraudulent listings or information
• Impersonate any person or entity or misrepresent your affiliation with any person or entity
• List a property you do not own or are not authorized to rent
• Discriminate against any person in violation of the Fair Housing Act or any applicable law
• Harass, threaten, or intimidate any user
• Harvest, scrape, or collect data about other users without their consent
• Upload or transmit any malware, viruses, or malicious code
• Attempt to gain unauthorized access to any part of the Services or our systems
• Use the Services for any unlawful purpose or in violation of any applicable law
• Circumvent, disable, or interfere with any security or access-control feature of the Services

Violation of this policy may result in immediate account suspension or termination and may be reported to law enforcement.

7. User-Generated Content

When you submit content to the Services — including property listings, photos, videos, descriptions, and messages — you represent that you have all rights necessary to submit that content and that it does not violate any third-party rights.

By submitting content, you grant EMLAKIE LLC a non-exclusive, royalty-free, worldwide, perpetual license to use, display, reproduce, distribute, and promote that content in connection with operating and marketing the Services.

For any video you upload specifically, you additionally confirm that it is not copyrighted material you lack the rights to share, and that you have the legal right to provide it to EMLAKIE without restriction. You are not entitled to any compensation for EMLAKIE's use of that video, and EMLAKIE may use it at its own discretion, subject to the license granted above.

You remain responsible for all content you submit. EMLAKIE does not endorse any user-submitted content and is not liable for it. We reserve the right to remove any content at our sole discretion, without notice, for any reason.

8. Listing Moderation and Removal

EMLAKIE LLC reserves the right, at its sole discretion and without prior notice, to delete, suspend, or revise any listing posted on the platform at any time and for any reason, including but not limited to violations of these Terms, inaccurate or misleading content, safety concerns, complaints from other users, or any other circumstances EMLAKIE determines to be inconsistent with the integrity of the platform.

Landlords whose listings are removed or suspended will not be entitled to any refund, compensation, or advance notice. EMLAKIE's exercise of this right does not constitute a waiver of any other rights or remedies available to EMLAKIE under these Terms or applicable law.

By posting a listing on EMLAKIE, you acknowledge and agree that EMLAKIE has no obligation to maintain, display, or preserve any listing and may take down or modify any listing at any time without liability to you.

9. Emlakie Checked

EMLAKIE may compare ownership information submitted with a listing against information from third-party property-data sources and may separately conduct moderator review. An Emlakie Checked badge means EMLAKIE reviewed information submitted for this listing. This check does not guarantee ownership, accuracy, availability, property condition, or transaction safety. Listings may be published and remain available without an Emlakie Checked badge. Users must independently verify the property and the person offering it before sending money or entering an agreement.

10. Tenant Screening and Consumer Reports

Landlords may request a tenant background and credit check ("Screening Report") through our third-party partner, TransUnion SmartMove, directly from the Services. EMLAKIE is not a consumer reporting agency as defined by the Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681 et seq., and does not generate, access, collect, or store the contents of any Screening Report. All Screening Report requests, applicant consent, and report delivery occur entirely on TransUnion SmartMove's platform, which applicants access directly and which is governed by TransUnion's own terms and privacy policy.

By requesting a Screening Report, a landlord represents and certifies that: (a) the request is made for a permissible purpose under the FCRA, namely evaluating a specific prospective tenant's application for the specific property listed on EMLAKIE; (b) the landlord will use the information contained in any Screening Report solely for that purpose and will not share it with any third party; and (c) the landlord is solely responsible for complying with all applicable requirements of the FCRA and any state or local equivalent, including but not limited to providing any legally required pre-adverse-action or adverse-action notice to an applicant if a decision is made in whole or in part based on a Screening Report.

EMLAKIE disclaims all liability arising from the accuracy, use, or misuse of any Screening Report. Applicants who wish to dispute the accuracy of information in a Screening Report should contact TransUnion directly.

11. Calls and Text Messages

EMLAKIE provides landlords with a dedicated virtual phone number to communicate with prospective tenants who inquire about a listing. By submitting a phone number through the Services — whether as a landlord providing your real number to receive forwarded calls and texts, or as a renter contacting a landlord through a listing — you consent to receive calls and text messages related to that inquiry at the number provided, which may be forwarded, routed, or recorded through our third-party communications provider, Twilio.

Standard message and data rates from your carrier may apply. Message frequency varies based on your use of the Services. You may withdraw consent to receive text messages at any time by replying STOP to any text message you receive through the Services, or by contacting us at support@emlakie.com. Withdrawing consent may limit your ability to use certain communication features of the Services.

12. No Guarantee of Results

EMLAKIE does not guarantee any specific outcome from using the Services, including:

• That a listing will attract qualified tenants or result in a rental
• That a property is available, accurately described, or as represented by the landlord
• That any user will follow through on communications, applications, or agreements

While we take reasonable steps to detect and prevent fraud, we cannot guarantee 100% protection against fraud or misrepresentation by third parties. Use of the Services is at your own risk.

13. Intellectual Property

All original content on the Services — including text, graphics, logos, software, and design — is the property of EMLAKIE LLC and is protected by applicable intellectual property laws. You may not reproduce, distribute, modify, create derivative works of, or publicly display any of our proprietary content without our express written permission.

The EMLAKIE name, logo, and related marks are trademarks of EMLAKIE LLC. Nothing in these Terms grants you any right to use our trademarks.

14. Copyright / DMCA Policy

All original content on this platform — including text, graphics, city guides, blog articles, and software — is the property of EMLAKIE LLC and is protected under the U.S. Copyright Act.

If you believe that content appearing on the Services infringes your copyright, please submit a written notice to our designated DMCA agent at support@emlakie.com that includes: (1) identification of the copyrighted work claimed to be infringed; (2) identification of the infringing material and its location on our platform; (3) your contact information; (4) a statement of good-faith belief that the use is not authorized; (5) a statement under penalty of perjury that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf; and (6) your physical or electronic signature.

We will respond to valid DMCA notices and remove infringing content in accordance with the Digital Millennium Copyright Act, 17 U.S.C. § 512. Repeat infringers may have their accounts terminated.

15. Third-Party Services

The Services integrate with third-party providers including a third-party property-data service (used for the Emlakie Checked badge described in Section 9), Supabase (authentication and database), Vercel (hosting), OpenStreetMap/Nominatim (address lookup), TransUnion SmartMove (tenant screening), and Twilio (call and text routing). These services are subject to their own terms and privacy policies, and EMLAKIE is not responsible for the conduct, content, or practices of any third-party service.

The Services may also contain links to third-party websites. We do not endorse and are not responsible for the content or practices of any linked third-party site.

16. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR UNINTERRUPTED AVAILABILITY. EMLAKIE DOES NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

We do not warrant the accuracy, completeness, or reliability of any listing, user content, or other information available through the Services.

A landlord's negotiations with a tenant or prospective tenant, business practices, and fair dealing in connection with any listing or rental transaction are conducted independently of EMLAKIE and are entirely outside our control. EMLAKIE disclaims all liability for, and is not responsible for, any landlord's misrepresentation, fraud, unfair or deceptive practice, or other misconduct toward a tenant or prospective tenant.

17. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EMLAKIE LLC, ITS OWNER(S), OFFICERS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE SERVICES — INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES EXCEED ONE HUNDRED DOLLARS ($100.00), REGARDLESS OF THE LEGAL THEORY ASSERTED.

Some jurisdictions do not allow limitations on implied warranties or exclusion of certain damages, so some of the above limitations may not apply to you.

18. Indemnification

You agree to defend, indemnify, and hold harmless EMLAKIE LLC, its owner(s), officers, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses — including reasonable attorneys' fees — arising out of or related to:

• Your use of or access to the Services
• Any content you submit, post, or transmit through the Services
• Your violation of these Terms or any applicable law
• Your interactions with any other user of the Services, whether online or in person
• Any dispute between you and another user

19. Arbitration and Class Action Waiver

Please read this section carefully. It affects your legal rights.

Except for claims that qualify for small claims court, you and EMLAKIE LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court.

Class Action Waiver: You and EMLAKIE LLC each agree to bring claims only in your individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person's claims.

Opt-Out: You may opt out of this arbitration agreement within 30 days of first accepting these Terms by sending written notice to support@emlakie.com with the subject line "Arbitration Opt-Out." If you opt out, all disputes will be resolved in court as set forth in Section 20.

20. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict-of-law provisions. For any disputes not subject to arbitration, you consent to the exclusive jurisdiction of the state and federal courts located in California.

21. Termination

We reserve the right to suspend or terminate your access to the Services at any time, with or without notice, for any reason, including if we believe you have violated these Terms. Upon termination, all rights granted to you under these Terms will immediately cease.

Sections that by their nature should survive termination — including Sections 7, 9, 10, 11, 13, 14, 15, 16, and 17 — shall survive.

22. Changes to These Terms

We may update these Terms at any time. When we do, we will post the revised Terms with an updated effective date. Your continued use of the Services after any changes constitutes your acceptance of the new Terms. If you do not agree to the updated Terms, you must stop using the Services.

23. Contact Information

If you have questions about these Terms, please contact us: