TERMS AND CONDITIONS
RentSmart – Terms of Use
Last updated: November 28, 2025
Important Notice: This Terms of Use (“Terms”) is a legal agreement between the entity or individual accepting these Terms (“Customer,” “you” or “your”) and RentSmart Solutions, Inc. (“RentSmart,” “we,” “us,” or “our”). By creating an account, accessing, or using the Services (defined below), you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization to these Terms.
The Services
1.1 Description. RentSmart provides software-as-a-service that helps property owners and professional property managers (a) list and market vacant properties, (b) schedule and coordinate showings, including self-showings by applicants using approved access methods and in-person showings where the client or a designated leasing professional meets the applicant at the property, and (c) facilitate the ordering and delivery of applicant screening from third-party consumer reporting agencies (CRAs) (collectively, the “Services”). Certain features may be provided by third-party service providers or integrated partners (e.g., lockbox/smart lock vendors, listing syndication networks, payment processors, identity verification vendors, and CRAs).
1.2 Accounts. To access the Services, you must register for an account, provide accurate and complete information, and keep it current. You are responsible for all activity under your account and for maintaining the security of your credentials.
1.3 Pricing & Fees. RentSmart does not charge property owners or professional property managers for access to or use of the Services. Our only fees are application fees charged to Applicants in connection with screening and related processing. Application fees are displayed at the point of payment and are generally non-refundable once screening has begun, except where prohibited by law or expressly stated otherwise. Certain pass-through fees from third parties (e.g., CRAs or identity vendors) may apply and will be disclosed prior to checkout. We may update application fee amounts prospectively with notice at the point of purchase.
1.4 Trial & Beta. We may offer trials, pilots, or beta features. Such features are provided “AS IS,” may be modified or discontinued at any time, and are excluded from any uptime or support commitments.
Eligibility; Fair Housing & Equal Opportunity
You represent and warrant that: (a) you are at least 18 and have capacity to contract; (b) if you are a property manager or owner, you will use the Services in compliance with all applicable federal, state, and local laws, including but not limited to fair housing, anti-discrimination, marketing, privacy, and consumer protection laws; and (c) all property listings, criteria, and communications will be lawful and non-discriminatory.
Customer Content; Listings; Communications
3.1 Content. You are solely responsible for the accuracy, quality, and legality of all content you provide or make available through the Services (e.g., property details, photos, pricing, screening criteria, notices, messages) (“Customer Content”). You grant RentSmart a worldwide, non-exclusive, royalty-free license to host, reproduce, display, transmit, and otherwise use Customer Content to provide and improve the Services, and to syndicate listings to third-party marketplaces where you enable such features.
3.2 Communications (Email/SMS/Voice). The Services may enable you to send emails, SMS/MMS, voice calls, or in-app messages to prospects and applicants. You are responsible for obtaining all required consents and complying with laws governing such communications (e.g., TCPA, CAN-SPAM, state telemarketing laws) and applicable carrier/CTIA rules. SMS Requirements: (a) You must obtain express consent before sending marketing or non-emergency SMS; (b) you must include clear disclosure that message and data rates may apply and message frequency; (c) you must honor standard opt-out keywords (e.g., “STOP”) promptly and support “HELP” responses; and (d) you must maintain records of consent. You may not send unlawful, misleading, or harassing communications.
3.3 Showings & Access Devices. Where you use self-showing features, you are responsible for configuring access windows, verifying property readiness and safety, and maintaining any hardware (e.g., lockboxes). RentSmart does not assume responsibility for personal injury, theft, or property damage arising from showings, except to the extent caused by RentSmart’s willful misconduct.
Screening & Consumer Reports
4.1 Role of Parties. Screening tools may include identity verification, criminal/eviction checks, credit reports, and other background information delivered by third-party CRAs. RentSmart acts solely as a facilitator/technology provider to enable ordering and delivery of reports from CRAs. RentSmart is not a CRA and does not assemble or maintain consumer reports. Where you order applicant screening, you act as the “end user” of consumer reports.
4.2 End-User Certifications. To use screening, you must: (a) certify you have a permissible purpose to obtain consumer reports (e.g., tenant screening); (b) use reports solely for that purpose; (c) comply with the FCRA and similar state laws; (d) provide all legally required disclosures and obtain written consent from applicants; (e) ensure your screening criteria are applied consistently and lawfully; and (f) take required steps if you take adverse action (Section 4.3).
4.3 Adverse Action. If a rental application is denied or conditioned based in whole or in part on information in a consumer report, an adverse action notice must be provided to the applicant. RentSmart may, as your service provider, send adverse action notices on your behalf using information you provide (e.g., decision, specific reasons/codes) and the CRA details associated with the report. You remain solely responsible for the underlying decision and for ensuring the accuracy/completeness of the reasons communicated, and for complying with the FCRA, ECOA/Reg B, and any state/municipal requirements. Upon request, you will promptly furnish RentSmart with the decision date and reason(s) so the notice can be generated and delivered.
4.4 Disputes & Rechecks. If an applicant disputes report accuracy, you must direct them to the CRA. RentSmart will reasonably cooperate but is not responsible for the CRA’s processes or outcomes.
Acceptable Use
You will not: (a) misuse the Services or attempt to access them by means other than our documented interfaces; (b) reverse engineer or create derivative works of the Services; (c) upload malware or interfere with the integrity or performance of the Services; (d) use the Services to violate law or third-party rights, including privacy and IP rights; (e) harvest data at scale without our consent; (f) use the Services to make housing decisions without required notices and consents; or (g) use any feature in a manner intended to evade fair housing or consumer protection obligations. Automated scraping/crawling of applicant data is prohibited.
Third-Party Services & Integrations
Certain features rely on third-party services (e.g., listing networks, payment gateways, telephony/SMS
providers, lock/IoT devices, CRAs). Your use of those services may be subject to separate terms. RentSmart is not responsible for third-party services and is not liable for their acts or omissions.
Intellectual Property
RentSmart and its licensors retain all right, title, and interest in and to the Services and associated intellectual property. Except for the rights expressly granted in these Terms, no other rights are granted, whether by implication, estoppel, or otherwise. Feedback is voluntary and may be used by RentSmart without restriction.
Confidentiality
Each party may receive Confidential Information from the other. The receiving party will use the same degree of care it uses for its own confidential information (but no less than reasonable care) to protect the disclosing party’s Confidential Information and will use it only to perform under these Terms.
Data Protection
Our collection, use, and processing of personal information is described in the RentSmart Privacy Policy. Where required by law or your organization’s policies, we will enter into a data processing addendum (DPA) governing processing of personal data on your behalf.
Security; Business Continuity
We implement administrative, technical, and physical safeguards designed to protect the security, confidentiality, and integrity of data processed via the Services. You acknowledge that no method of transmission or storage is 100% secure and agree to implement appropriate safeguards on your systems, including secure credentials and access controls.
Uptime & Support
Unless otherwise specified in an SLA, we target commercially reasonable uptime and provide customer support during published hours. Scheduled maintenance, emergency updates, and outages of third-party services are excluded from uptime calculations.
11A. Applicant Fees; Refunds
Purpose and Scope. The application fee funds immediate processing to create and maintain a reusable RentSmart Profile for the applicant, including identity checks, fraud screening, and the facilitation of consumer reports from CRAs. The profile is not property-specific and may be used for subsequent applications to other properties supported by RentSmart within applicable time windows.
Fee Earned Upon Payment. Work begins immediately upon payment to process and build the RentSmart Profile and to initiate screening workflows-whether or not you complete or submit the application. Accordingly, the fee is earned upon payment and is immediately and strictly NON-REFUNDABLE for any reason, including denial, withdrawal, non-selection, abandonment, or incomplete applications, except in cases of (i) duplicate transactions or (ii) documented technical error causing a mischarge.
Chargebacks/Disputes. By proceeding with payment, you acknowledge that the application fee covers processing services and CRA pass-through costs incurred or committed at payment. Post-decision dissatisfaction or failure to complete an application is not a basis for refund. RentSmart may furnish proof of authorization, disclosures, and processing logs to your financial institution during a dispute.
Term; Suspension; Termination
12.1 Term. These Terms commence upon your first use and continue until terminated. 12.2 Suspension. We may suspend access if: (a) you breach these Terms; (b) your account is delinquent;
or (c) we detect suspicious activity posing a security risk.
12.3 Termination. Either party may terminate for material breach that remains uncured 30 days after written notice. You may terminate at any time by canceling your subscription, but prepaid fees are non-refundable except where prohibited by law. Upon termination, your access to the Services ceases; we will provide you with a reasonable opportunity to export your Customer Content.
Warranties; Disclaimers
13.1 Mutual. Each party warrants it has the right and authority to enter into these Terms. 13.2 RentSmart. We warrant the Services will materially conform to our published documentation. Your exclusive remedy for breach of this warranty is repair, replacement, or a pro-rated refund for the period of non-conformity.
13.3 Disclaimers. EXCEPT AS EXPRESSLY PROVIDED, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. RENTSMART DOES NOT GUARANTEE TENANCY OUTCOMES, SHOWING ATTENDANCE, LISTING PLACEMENT, OR THE ACCURACY OF THIRD-PARTY REPORTS.
Indemnification
14.1 By Customer. You will defend and indemnify RentSmart and its affiliates against claims, damages, liabilities, and expenses arising from: (a) Customer Content; (b) your use of the Services in violation of law or these Terms; (c) housing decisions you make; (d) disputes with applicants or occupants; and (e) your use of third-party services or hardware.
14.2 By RentSmart. We will defend and indemnify you against third-party claims alleging that the Services infringe intellectual property rights, subject to standard exclusions (e.g., combinations not provided by us, modifications by you, or use contrary to documentation). If an infringement claim arises, we may procure the right for you to continue using the Services, modify them to become non-infringing, or terminate the affected portion and issue a pro-rated refund.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, COVER, OR PUNITIVE DAMAGES; AND (B) EACH PARTY’S TOTAL LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE AMOUNTS PAID OR PAYABLE BY YOU TO RENTSMART FOR THE SERVICES DURING THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY. THE FOREGOING LIMITATIONS DO NOT APPLY TO LIABILITY FOR BODILY INJURY, WILLFUL MISCONDUCT, OR YOUR PAYMENT OBLIGATIONS.
Changes to the Services or Terms
We may modify the Services or these Terms from time to time. Material changes to the Terms will be notified via the Services or by email and become effective on the stated effective date. Your continued use after the effective date constitutes acceptance. If you do not agree, you must stop using the Services.
Export; Anti-Corruption; Sanctions
You will comply with applicable U.S. export control and sanctions laws (e.g., EAR, ITAR where applicable, and OFAC regulations) and U.S. anti-corruption laws (e.g., the FCPA) in connection with your use of the Services. References to non-U.S. frameworks are for potential future applicability but are not intended to expand obligations beyond current operations in the United States.
Publicity
We may use your name and logo to identify you as a customer on our website and marketing materials,
consistent with your trademark usage guidelines, unless you opt out by notifying us.
Governing Law; Dispute Resolution
These Terms are governed by the laws of the State of Georgia, USA without regard to conflicts of law rules. Any dispute will be resolved in the state or federal courts located in the State of Georgia, USA, and each party consents to personal jurisdiction there. The Parties waive jury trial and agree to bring claims only in their individual capacity (no class actions). Notwithstanding the foregoing, either party may seek injunctive or equitable relief in any court of competent jurisdiction.
Miscellaneous
These Terms, together with any Order and DPA, constitute the entire agreement and supersede all prior agreements. If a provision is unenforceable, it will be modified to the minimum extent necessary and the remainder will remain in effect. Neither party may assign these Terms without the other’s consent, except to an affiliate or in connection with a merger, acquisition, or sale of assets. In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
RentSmart Solutions Inc.
Phone: 706-309-1000
Mail: RentSmart Solutions, Inc., 138 Davis Rd – Suite D, Martinez, GA 30907
support@rentsmart.com