Version: February 17, 2026
1. Introduction. Thank You (“You,” “Your”) for engaging RentCafe LLC (“RentCafe”) for REACH by RentCafe (referred to in these terms as “REACH”) products and services as identified in Your signed agreement to which these TOU (defined below) relate. The latest version of these terms (which RentCafe may amend from time to time with or without notice and, as so amended by RentCafe, are incorporated into these TOU by this reference), together with Your signed agreement, (collectively, these “TOU”) are the agreed terms that apply to Your RentCafe products and services use.
2. RentCafe’s Know-Your-Client/Customer Identification Program (“KYC” or “CIP”). Basic information about You or Your business is collected during the registration process. This information is gathered and validated by RentCafe’s KYC Team in order to comply with applicable anti-crime and related policies. RentCafe’s compliance with anti-crime and related policies, and Your compliance with the KYC process, are required. If the information You provide for KYC cannot be validated, or if You choose for any reason not to provide the information requested, You acknowledge and agree that You may be prohibited from engaging RentCafe for some or all REACH, and/or other, products and/or services as identified in Your signed agreement.
3. Term. The date of the last party signature on the agreement to which these TOU relate shall be the “Effective Date” of these TOU. These TOU shall commence on the Effective Date and continue until the last day of the month in which the date that is 1 year after the Effective Date occurs (the “Initial Term”) unless earlier terminated in accord with these TOU. Upon expiration of the Initial Term, this Agreement shall renew for successive 1-year terms (each a “Renewal Term”) if: (a) neither party provides written notice of non-renewal prior to expiration of the then-current (Initial or Renewal) Term; and (b) You tender payment of your then-current annual fee. The Initial Term and any Renewal Term(s) shall be collectively referred to as the “Term.”
4. Termination Rights & Survival.
a. Your Termination Rights. You may terminate Your services at any time effective on, or after, expiration of the Initial Term; provided, however, that You shall not be entitled to a refund of any fees. To terminate Your products and/or services, You must contact a RentCafe representative by calling (800) 866-1144 or by sending a written termination notice to:
Attn: Terminations
RENTCAFE LLC
430 S Fairview Avenue
Goleta, CA 93117; or
b. RentCafe’s Termination Rights.
(i) Generally. Terminations by RentCafe are extraordinarily rare but may arise if, for examples and without limitation: (A)You materially violate these Terms; (B) You violate, or threaten to violate, legal or regulatory obligations; (C) You use REACH, and/or other, RentCafe products and services for any improper purpose whatsoever; (D) You threaten or cause harm to RentCafe, its affiliates, or a third party; or (E) required by law; and the like, as determined by RentCafe in its sole discretion. If Your account is terminated under this section 4(b) (RentCafe’s Termination Rights), RentCafe will make a reasonable effort to notify You in advance but may take any action as required by law or contract, or that is otherwise reasonably appropriate under the circumstances, as determined by RentCafe in its sole discretion.
(ii) Failure to Pay. If, for any reason, any of Your payments are declined, returned, or otherwise cannot be processed, You will be notified by email at the email address on file for Your billing contact. If after You receive such notice You wish to dispute Your account status, You MUST do so in writing within10 days from RentCafe’s notice date.
(iii) Failure to Resolve. IF YOU DO NOT SUBMIT A WRITTEN DISPUTE, IF YOU AND RENTCAFE ARE UNABLE TO MUTUALLY AGREE UPON A DISPUTE RESOLUTION, OR IF YOUR ACCOUNT IS NOT BROUGHT INTO GOOD STANDING WITHIN 45 CALENDAR DAYS FROM RENTCAFE’S NOTICE DATE, YOUR RENTCAFE PRODUCTS AND SERVICES WILL TERMINATE.
c. Dispute Address. The address for submitting a written dispute is:
Attn: Legal Department
RENTCAFE LLC
430 S Fairview Avenue
Goleta, CA 93117
d. Survival. Any provision of these TOU which expressly, or by its nature reasonably should, survive termination of these TOU, shall survive termination of these TOU including, without limitation, sections 6 (Data Retention; Ownership), 7 (Confidentiality), 12(c) (Data Use), 14(a)(i), and 14(d)(ii).
5. Pricing & Billing. This information is in Your agreement signed by You and RentCafe to which these TOU relate.
6. Data Retention; Ownership. You acknowledge that the RentCafe products and services (as identified in Your signed agreement) make use of multi-tenant database systems, and therefore RentCafe may (but shall not be obligated to) indefinitely retain all data entered into the RentCafe products and services. You agree that, as between You and RentCafe, RentCafe is and shall remain the sole and exclusive owner of all right, title, and interest in and to the RentCafe products, services, deliverables, and the software and technology underlying the RentCafe products and services, and to all intellectual property rights in the foregoing. You represent and warrant that You have all necessary rights, title, and interest in and to all materials and/or content that You provide for, or upload to: (a) the RentCafe products and services; or (b) any RentCafe-hosted site; including, without limitation, materials and/or content that You provide for use on RentCafe portal(s) (collectively, “Your Content”). You acknowledge and agree that RentCafe has no responsibility or duty to review, approve, or pre-screen Your Content that You provide for, or upload to: (i) the RentCafe products and services; and/or (ii) any RentCafe-hosted site. You grant RentCafe a worldwide, non-exclusive, royalty-free license and right to use, reproduce, distribute, modify, and display Your Content in connection with RentCafe’s products and services provided for You. You acknowledge and agree that if a third party believes their copyright has been infringed by any of Your Content, RentCafe has implemented policies in accord with the Digital Millennium Copyright Act, 17 U.S.C. Section 512, and RentCafe reserves the right to remove any material found to be infringing under RentCafe’s aforementioned policies. You agree to indemnify, and hold RentCafe, and its affiliates, harmless from and against, any third party claims, actions, or demands alleging that RentCafe’s use, reproduction, distribution, modification, and/or display of Your Content in connection with RentCafe’s products and services provided for You infringes on a third party’s proprietary information, trademark, copyright, patent rights or intellectual property rights, or misappropriates a third party’s trade secrets.
7. Confidentiality. “Confidential Information” means all RentCafe data and information including, without limitation: (a) patented, copyrighted, and/or trade secret data; (b) research, software, services, development, inventions (whether or not patentable), processes, specifications, designs, documentation, customer information, supplier information, pricing, and financial data; and (c) any other information which is of a confidential or proprietary nature. You agree not to use, or disclose to any unauthorized third party, Confidential Information except as excepted, below, or as expressly permitted by these TOU. Your obligations to protect, and not use, RentCafe’s Confidential Information does not apply if the information: (i) is by definition not confidential; (ii) is no longer confidential (through no fault of Yours); (iii) was obtained by You, or already in Your possession, provided it was obtained properly and without violating these TOU or any prior existing obligation to keep it confidential; or (iv) was independently developed (without having used, referred to, or relied on Confidential Information) by You. You shall not disclose Confidential Information to any person or entity, except to Your employees having a need to know for Your exercise of Your rights, or performance of Your obligations, as expressly permitted under these TOU. Notwithstanding the foregoing, You may disclose Confidential Information to the extent required: (A) in order to comply with the order of a court or other governmental body; or (B) as necessary to comply with applicable law; provided that You (to the extent permitted by applicable law) shall have first given written notice to RentCafe so as to enable RentCafe to seek a protective order or other appropriate remedy. On the expiration or termination of the Agreement, You shall promptly either: (I) return to RentCafe; or (II) permanently destroy; all copies, whether in written, electronic, or other form or media, of RentCafe’S Confidential Information, and certify in writing to RentCafe your compliance with the foregoing obligation. You agree to protect Confidential Information using the same standard of care which You use for Your confidential information of similar nature, but in no event less than reasonable care. The provisions of this section 7 (Confidentiality) shall indefinitely survive any termination or expiration of this Agreement until Your obligations to protect, and not use, Confidential Information no longer apply pursuant to sections 7(i)-(iv), above.
8. LIMITED WARRANTY; WARRANTY DISCLAIMER; DAMAGE WAIVER; LIABILITY/REMEDY LIMITATIONS.
a. Limited Warranty and Your Remedy for Limited Warranty Breach. RentCafe warrants to You that the RentCafe products and services do not infringe upon, or misappropriate, any third-party proprietary information, copyright, patent rights, intellectual property rights, or trade secrets. Any damages for a breach of the foregoing limited warranty by RentCafe are strictly limited by these TOU as follows. IF RENTCAFE BREACHES THE FOREGOING LIMITED WARRANTY, RENTCAFE AGREES TO USE COMMERCIALLY REASONABLE EFFORTS TO MODIFY THE RENTCAFE PRODUCTS AND SERVICES SO THEY CONFORM TO THE LIMITED WARRANTY. RENTCAFE WILL: (i) NOTIFY YOU IF IT IS NOT COMMERCIALLY PRACTICABLE FOR RENTCAFE TO MAKE SUCH MODIFICATIONS; AND, IF SO, (ii) IMMEDIATELY TERMINATE YOUR RENTCAFE PRODUCTS AND SERVICES WITHOUT ANY PAYMENT PENALTY, WHICH SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. IF, UNDER THIS WARRANTY, YOU DO NOT ACCEPT RENTCAFE’S MODIFICATIONS, YOU MUST NOTIFY RENTCAFE IN WRITING WITHIN 30 CALENDAR DAYS OF RENTCAFE’S MODIFICATIONS AND, UPON RECEIPT OF SUCH NOTICE, YOUR RENTCAFE PRODUCTS and SERVICES WILL TERMINATE WITHOUT ANY PAYMENT PENALTY, WHICH SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.
b. Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 8(a) (LIMITED WARRANTY and Your Remedy for Limited Warranty Breach), RENTCAFE DISCLAIMS TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES WITH REGARD TO THE RENTCAFE PRODUCTS AND SERVICES INCLUDING, WITHOUT LMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE RENTCAFE PRODUCTS AND SERVICES WILL MEET YOUR SPECIFIC TECHNICAL, PROPERTY MANAGEMENT, OR ANY OTHER REQUIREMENTS OR EXPECTATIONS.
c. Damage Waiver. NOTWITHSTANDING ANY OTHER TERMS IN THESE TOU, AND TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, RENTCAFE DISCLAIMS ALL OBLIGATIONS AND LIABILITIES FOR SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES, ATTORNEYS’ FEES, EXPERTS’ FEES, AND COURT COSTS (EVEN IF RENTCAFE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR IN CONNECTION WITH THE RENTCAFE PRODUCTS AND SERVICES OR THESE TOU.
d. Liability/Remedy Limitations. IN ADDITION TO (AND NOT IN PLACE OF) ALL OTHER LIMITATIONS SET FORTH IN THESE TOU, AND TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT RENTCAFE SHALL HAVE NO LIABILITY WHATSOEVER FOR CLAIMS OR CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE RENTCAFE PRODUCTS AND SERVICES AND/OR THESE TOU, EXCEPT WHERE SUCH CLAIMS OR CAUSES OF ACTION WERE CAUSED SOLELY BY RENTCAFE AND, IN SUCH AN EVENT, RENTCAFE’S MAXIMUM LIABILITY TO YOU, REGARDLESS OF THE AMOUNT OF LOSS YOU MAY CLAIM OR HAVE SUFFERED, SHALL BE LIMITED TO A REFUND OF THE FEES YOU ACTUALLY PAID TO RENTCAFE IN THE 6 MONTHS IMMEDIATELY PRIOR TO THE DATE YOU FIRST NOTIFY RENTCAFE OF YOUR CLAIM OR CAUSE OF ACTION, AND THIS REFUND IS YOUR SOLE AND EXCLUSIVE REMEDY UNDER THESE TOU.
9. Dispute Resolution. In the event of a dispute arising out of or related to these TOU or the RentCafe products and services, You and RentCafe agree to use commercially reasonable efforts, in good faith, to informally resolve the dispute. These efforts shall be confidential and protected under applicable law as compromise and settlement negotiations. If, after 30 calendar days of good faith negotiations, the parties are unable to reach a mutually satisfactory resolution, either party may pursue its rights and remedies under these TOU and applicable law.
10. Assignment. These TOU cannot be assigned by You for any reason without RentCafe’s prior, express, written consent, which consent RentCafe may withhold for any reason in its sole discretion. Any attempted or purported assignment of these TOU without RentCafe’s prior, express, written consent is void. These TOU are binding on, and inure to the benefit of, both You and RentCafe, and our respective, permitted assigns, successors, and legal representatives.
11. Governing Law/Venue; UNCISG Waiver. These TOU are governed and determined by the laws of the United States and the State of California as such laws are applied to agreements entered into, and performed, entirely within the state of California between California residents. Any action or proceeding related to or arising out of these TOU shall be resolved only in a court of competent jurisdiction in the City of Santa Barbara, California (or, if there is no court of competent jurisdiction in the City of Santa Barbara, California, then the court of competent jurisdiction closest to the City of Santa Barbara, California), and You and RentCafe expressly consent to the personal jurisdiction of such courts and waive any right to cause any action or proceeding to be brought or tried elsewhere. The parties waive any right they may otherwise have to, and exclude, application of the United Nations Convention on International Sales of Goods to this Agreement.
12. General Terms.
a. Waiver. If a party waives any TOU breach by the other party, that waiver shall not be construed as a waiver of any other or subsequent breach.
b. Severability. If a court or other body of competent jurisdiction determines that any TOU provision is illegal and/or unenforceable, the parties acknowledge and agree that all other TOU provisions are unaffected by that determination and shall remain enforceable.
c. Data Use. RentCafe may aggregate, compile, and use any RentCafe products and services data to create, offer, improve, develop or enhance the RentCafe products and services and/or any other current or future RentCafe products, features, or services; provided, however, that RentCafe will not aggregate, compile, and/or use any RentCafe products and/or services data in a form that can be traced back to You, Your customers, or the tenants residing in any property You own or manage.
d. Entire Agreement. These TOU constitute the final, complete, and exclusive agreement between the parties pertaining to their subject matter, and replace and supersede all other prior understandings or agreements, if any, and in any form regarding their subject matter. The parties also acknowledge and agree that neither party has been induced to enter into these TOU by, or because of, any representations, warranties, or other assurances that are not set forth in these TOU, as may be amended from time to time.
e. Modification. You acknowledge and agree that these TOU can only be modified by RentCafe. You acknowledge and agree that RentCafe may amend these TOU from time to time with or without notice and, as so amended by RentCafe, such amendments are incorporated into these TOU by this reference.
13. Property-Level Invoicing Election. If Client is eligible and opts-in property-level invoicing, Client acknowledges that Client is making a billing/invoicing election to have the properties under Client’s management and/or ownership, as applicable, invoiced directly, and agrees that Client shall be legally bound by that election. Client agrees to complete Yardi’s property-level billing form to opt-in to property-level billing. Client agrees that if any property does not pay RentCafe’s invoice, Client shall remain obligated to pay the invoice. The person making the property-level billing election on Client’s behalf represents and warrants that they are authorized to make the election on Client’s behalf. Client agrees that Client shall provide Client contact information to the properties for property-level billing inquiries. Client acknowledges and agrees that Client will be responsible for answering property-level billing inquiries.
14. Additional REACH by RentCafe Product Terms.
a. REACH by RentCafe PPC Services:
(1) You agree REACH by RentCafe PPC services are applicable to RentCafe websites only. Google Ads are a requirement for the REACH by RentCafe PPC Service. Additional ad platforms are available in addition to Google Ads with a minimum spend and management fee requirement. You agree there are no warranties about the effectiveness of the services and their reliability, availability, or the ability to meet Your needs, and agree RentCafe is providing REACH by RentCafe PPC Services ‘as is.’
(2) You acknowledge and agree, upon Your failure to timely pay any RentCafe invoice for REACH by RentCafe PPC Services, RentCafe will assess a late payment Fee equal to the lesser of: (A) 1.5% of Your balance from the original balance due date until the balance is paid in full; or (B) the maximum rate allowed by applicable law as applied to Your balance from the original balance due date until the balance is paid in full. You shall additionally be liable for all costs incurred by RentCafe to collect Fees for REACH by RentCafe PPC Services. RentCafe reserves the right to suspend REACH by RentCafe PPC Services resulting from Your failure to pay invoices in a timely manner.
b. REACH by RentCafe SEO: You agree REACH by RentCafe SEO services are applicable to RentCafe websites only. You expressly acknowledge and agree that REACH by RentCafe SEO services are limited only to the provision of search engine optimization services and do not include the provision of other services, including legal compliance services, accessibility consulting services, or custom programming or website design services. You shall, at all times, be solely responsible for ensuring that the content displayed on Your RentCafe websites complies with all applicable laws, rules, and regulations including, without limitation, any laws, rules, or regulations pertaining to fair housing and website accessibility.
c. REACH by RentCafe SEO Foundations: You agree REACH by RentCafe SEO Foundations services are applicable to RentCafe websites only. You expressly acknowledge and agree that REACH by RentCafe SEO Foundations services are limited only to the provision of search engine optimization services and do not include the provision of other services, including legal compliance services, accessibility consulting.
d. REACH SEO Foundations Neighborhood: Includes up to 5 optimization pages per Property. Additional optimization pages will be billed at the rate of $100.00/additional page/month.
e. Reach products have a commitment period of 12 months.
f. RentCafe reserves the right to audit your database at any time to confirm the scope of your use of the products and services relative to your contractual license.
g. Fees are subject to increase at the start of each Renewal Term; such increases shall not exceed the percentage increase outlined by the U.S. Department of Labor (per the Bureau of Labor Statistics’ Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W): U.S. City Average table) for the preceding year.
h. You shall have 30 days from the execution date of your signed agreement or addendum (the “Testing Period”) to test new products or services. At any time during the Testing Period, you may elect to cease use of and cancel the licensing of the new product(s) or service(s), in which event RentCafe shall provide you a one-time credit for any Fees paid toward the new product(s) or service(s) to be applied toward future goods and services.