RentMoola Terms of Use

Property Managers & Merchants

Your use of the Services offered by PaySlate Inc. (referenced here as "PaySlate", "us", "we" or "our") is governed by this Agreement between you and PaySlate.

PLEASE READ THIS AGREEMENT CAREFULLY. IT IS A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND PAYSLATE. IN ORDER TO USE THE SERVICES, YOU MUST READ, AGREE WITH AND ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT. IN ADDITION, YOU MUST READ, AGREE WITH AND ACCEPT OUR PRIVACY POLICY, AVAILABLE AT: https://rentmoola.com/privacy.

BY USING THE SERVICES, OR BY CLICKING THE "I ACCEPT" BUTTON, YOU: (1) AGREE TO BE BOUND BY THIS AGREEMENT, INCLUDING ALL AMENDMENTS MADE FROM TIME TO TIME; (2) REPRESENT AND WARRANT THAT, IF YOU ARE AN INDIVIDUAL, YOU ARE 18 YEARS OLD OR OLDER OR, IF YOU ARE AN ENTITY, THAT YOU ARE A CORPORATION, PARTNERSHIP, OR OTHER LEGAL ENTITY DULY FORMED (AND INCORPORATED, IF APPLICABLE) IN GOOD STANDING; AND (3) REPRESENT AND WARRANT THAT YOU HAVE THE POWER AND AUTHORITY TO ENTER INTO THIS AGREEMENT AND PERFORM ACTS AS REQUIRED BY YOU UNDER THIS AGREEMENT. IF YOU ARE A THIRD PARTY ACCESSING AN ACCOUNT ON BEHALF OF A LANDLORD (E.G., AS A PROPERTY MANAGER, ADMINISTRATOR, CONSULTANT, ANALYST, ETC.) OR MERCHANT YOU AGREE THAT THESE TERMS APPLY, MUTATIS MUTANDIS, TO YOUR ACTIVITIES ON BEHALF OF SUCH LANDLORD OR MERCHANTS.

IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, CLICK THE "I DO NOT AGREE" BUTTON OR OTHERWISE INDICATE REFUSAL AND DO NOT USE THE SERVICES.

1. Scope

1.1 Definitions

When used in this Agreement, each of the following words and phrases shall have the meanings set out below:

(a) "Account Profile" means a user's account created for unique identification;

(b) "Agreement" means these Terms of Use, including related schedules, policies and other documents that appear under "Legal" on the Website, as may be amended from time to time;

(c) "Business Days" means Monday through Friday excluding national holidays;

(d) "Credit Card Payment" refers to the use of the Services to make a payment of (i) rents or fees by tenants or property owners to Landlords or property managers; or (ii) payments made by customers of Merchants to those Merchants (as applicable), via credit card;

(e) "Credit Reporting" refers to the optional credit reporting program offered on PaySlate's Website of reporting rental payments to credit bureaus;

(f) "Debit Card Payment" refers to the use of the Services in Canada and the United States to make a payment of (i) rents or fees via Visa debit card or debit MasterCard by tenants or property owners to their Landlords or property managers; or (ii) payments made via Automated Clearing House or e-check by customers of Merchants to such Merchants (as applicable);

(g) "Bank Account Payment" and "Pre-Authorized Debit" refers to the use of the Services to make a payment of rents or fees via checking/chequing bank account by tenants or property owners to their Landlords or property managers (as applicable);

(h) "Force Majeure" means any act, occurrence, condition or event beyond the control of a party that materially affects the performance of that party's obligations under this Agreement that could not reasonably have been foreseen or provided against, including such events as fires, telecommunications or utility or power failures, governmental or quasi-governmental acts, equipment failures, labour strife, riots, war, non-performance of our vendors or suppliers, acts of God, but not including general economic conditions;

(i) "Indemnified Parties" means PaySlate and its subsidiaries, parents, affiliates, officers, directors, agents, employees, consultants, customers, suppliers and other representatives, taken collectively;

(j) "Landlord" means the person or entity that is party to a lease or other property management agreement with the User;

(k) "Lease" refers to the written lease agreement between a User and Landlord;

(l) "Merchant" means any person or entity other than PaySlate or its affiliates that provides Services to the User through the Website;

(m) "Merchant Account" means a merchant account established at the Underwriting Bank into which one or more Payments may be made;

(n) "Payment" means a Credit Card Payment, Debit Card Payment, Bank Account Payment or a Cash Payment as the case may be;

(o) "Payment Amount" refers to the aggregate dollar value of a Payment exclusive of the Service Fee;

(p) "Payment Processor" means PaySlate's third party payment processor;

(q) "Cash Payment" refers to the use of the Services in the United States to make a payment via cash (USD);

(r) "Service Fee" means the fee charged by PaySlate to Users before a Credit Card Payment, Debit Card Payment, Bank Account Payment or Cash Payment is made pursuant to the Services;

(s) "Services" means the internet Payment services offered through the Website to facilitate the collection of certain payments by the Landlord, property owner and property manager including rent, condominium, moorage and other property management fees and the Credit Reporting services offered through the Website to facilitate the sending of reports of Users' rental payments to credit reporting agencies and the provision of dashboard analytics and other property management tools, and any additional Services provided to Users by a Merchant;

(t) "Third Party Services" refers to the services provided by third parties which may be accessed through links on the Website, including but not limited to tenant screening, insurance services and PayPal credit services;

(u) "Underwriting Bank" means PaySlate's third party underwriting bank, member Bank or Acquiring Bank;

(v) "Users" means a tenant or other customer that uses the Services; and

(w) "Website" means the website located at https://rentmoola.com or Let.us and all related webpages.

2. Eligibility and Your Account

2.1 PaySlate Services

These Terms of Use cover the provisions of your participation with respect to the Services provided to Users. We may from time to time offer additional Services in which case these Terms of Use will apply to such additional Services.

2.2 Your Account

When you enroll to participate in our Services, you must create a PaySlate account and provide an Account Profile. You agree to keep the information in your profile accurate and current. If we become aware of any changes to your information, we may update your profile.

Each Merchant must establish a Merchant Account on terms satisfactory to each of PaySlate and its Payment Processor, and must provide PaySlate with the material details of its Merchant Account.

2.3 Eligibility

To be eligible to participate in our Services, you must be either (1) an individual at least 18 years old who is able to form legally binding contracts or legally act on behalf of an individual under applicable law with a mailing address in the United States or Canada; or (2) a corporation, partnership, or other legal entity duly formed (and incorporated, if applicable), in good standing, and have the power and authority to enter into this agreement and perform the acts as required by you under this Agreement. You may participate in the Services on your own behalf or as the authorized representative of a corporation registered to conduct business in the same country in which you reside. No machines, scripts or automated services may be used to access or use the Services. These Terms of Use are in addition to and supplement any master services agreement or other agreement you have entered into, or may in the future enter into, with PaySlate.

Only Merchants who have been specifically approved by PaySlate are authorized to use the Services.

2.4 Identity Authentication

You hereby authorize us, directly or through third parties, to make any inquiries we consider necessary to validate your identity. This may include asking you for further information, requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report and verifying your information against third party databases or through other sources. You represent and warrant that you have the power and authority to provide this information to us.

2.5 Credit Reporting Services

In order to provide Credit Reporting services, PaySlate performs authentication methods to verify the identity of Users and accuracy of the Lease payments and related payments. In consideration for the Services provided by PaySlate hereunder, each Landlord (or the property manager acting on such Landlord’s behalf) whose tenants use the Credit Reporting Services hereby:

(i) represents and warrants that the Landlord has entered into a written lease agreement with the applicable User, with a term of at least one year remaining;

(ii) agrees to promptly notify PaySlate upon learning that any information is inaccurate or misleading, and provide PaySlate with any corrections or additional information necessary to ensure the credit reporting information supplied is complete and accurate;

(iii) agrees to report the User’s rental payments for the full term of the User’s Lease, even if the User requests that the Landlord or property manager ceases reporting such rental payments before the expiration of the lease term;

(iv) agrees to notify the User of the reporting requirement described in section 2.5(iii) before using the Credit Reporting Services;

(v) agrees to promptly notify PaySlate if the User does not make a payment through the PaySlate Services during the credit reporting period, and advise whether the payment was missed or made by an alternate payment method; and

(vi) represents and warrants that the Landlord or property manager has verified the identity and residency of the User and provided such documentation to PaySlate.

3. Receiving Payments

3.1 PaySlate's Role and Your Responsibilities

PaySlate provides hosting and data processing services for building owners, Landlords, property managers and Merchants. PaySlate is a Payment Service Provider ("PSP"), not a bank, money transmitter, or money services business ("MSB"), and we do not offer banking or MSB services as defined by the United States Department of Treasury. As a PSP, PaySlate collects, analyzes and relays information generated in connection with payments between the User and you. You authorize PaySlate to provide this information to the Underwriting Bank in order for the Underwriting Bank to facilitate payments from the User to you.

As a result, the Underwriting Bank - and not PaySlate - actually conducts the settlement of card transactions. The Underwriting Bank is the party with sole responsibility for conducting the settlement of funds between you and the Users. In order to act as a PSP, PaySlate must enter into agreements with third parties. You are not a third-party beneficiary of these agreements. Some of these third parties may require a direct agreement with you. If you are required to enter into such an agreement and decline to do so, we may suspend or terminate your Merchant Account.

You agree to be bound by the Merchant Services Agreement set forth at https://rentmoola.com/terms/vantiv-merchant-services-agreement and https://rentmoola.com/terms/paysafe-merchant-services-agreement. By agreement to this Agreement (by "click through" or otherwise), you also agree to the terms and conditions of the Merchant Services Agreement, which constitutes a legal binding contract between you, on the one hand, and VANTIV, LLC and its designated Member Bank, or PAYSAFE GROUP, LTD, and its designated Member Bank, on the other hand. Furthermore, you must abide by the applicable Operating Regulations, the rules of the Associations and Laws as defined in the Merchant Services Agreement and are assuming the risk of compliance with all of those provisions.

3.2 Schedule of Fees for Landlords or Property Managers

Fees payable by the Landlords or Property Manager to utilize the Services applicable to Landlords or Property Managers hereunder include a one-time fee or recurring fees or a combination of both as set out below:

1.) One Time Account Set-Up Fee

(a) Includes the setup and configuration for all properties in the portfolio, including those purchased after the signing of this agreement by the Landlord or Property Manager.

(b) Training of current and future staff.

(c) Electronic and physical marketing materials.

(d) Merchant account setup.

2.) Monthly Subscription Fee

(a) Monthly fees for payment processing technology.

(b) Merchant account fees.

(c) Landlord or Property manager support and resident support via telephone, email, live chat and text message.

The fees listed above are subject to change at the sole discretion of PaySlate and notice may be given to you in accordance with sections 11.7 and 11.13 of these terms and conditions. If you have a different arrangement for fees in any master services agreement or other agreement with us, the other agreement will govern.

3.3 Taxes

It is your responsibility to determine what, if any, taxes apply to the Payments you receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. PaySlate is not responsible for determining whether taxes apply to your Payment transaction, or for collecting, reporting or remitting any taxes arising from any Payment transaction.

3.4 Credit Card Delays and Non-Completion

Since Credit Card Payment, Debit Card Payment, Bank Account Payment, Pre-Authorized Debit or Cash Payment processing times depend on administrative factors and institutional backlogs beyond our control, Credit Card Payments, Debit Card Payments, Bank Account Payments, Pre-Authorized Debit or Cash Payments submitted by Users may take up to five Business Days (and in rare cases, even longer) to complete. Furthermore, completion of a Credit Card Payment, Debit Card Payment, Bank Account Payment, Pre-Authorized Debit or Cash Payment is contingent on both the authorization of the Credit Card Payment, Debit Card Payment, Bank Account Payment, Pre-Authorized Debit or Cash Payment by the applicable credit card issuing bank and acceptance of the Credit Card Payment, Debit Card Payment, Bank Account Payment, Pre-Authorized Debit or Cash Payment by the Underwriting Bank. In the case of a delay or non-completion in payment for any reason, any liability created as a result of such delay is the responsibility of the applicable User (and not PaySlate). Any penalties, late fees, and interest charges applied against a late Payment are solely the responsibility of the User. PAYSLATE DISCLAIMS ANY WARRANTY OR GUARANTEE RELATED TO THE TIMELY PAYMENT OF ANY AMOUNTS DUE OR OWING TO YOU AS A RESULT OF ANY DELAY THAT IS OUTSIDE THE REASONABLE CONTROL OF PAYSLATE.

3.5 No Reversals and No Refunds

Once you receive a Payment, you accept and agree that there are no refunds, cancellations or chargebacks of Service Fees. Refunds for Payments to users are permitted when the request is made in writing by you and the funds are available. The refund transaction will only be applied to the same payment method used for the payment. There are no refunds whatsoever twelve (12) months after the original transaction date. If a chargeback is initiated by a user, you will be responsible for any associated fees.

3.6 Receiving Pre-authorized Debit Payments

If you receive Pre-Authorized Debit Payments, you must comply with the following requirements:

(a) Authorization. You must receive the User's prior authorization for the amount, frequency, and duration of the pre-authorized Payment.

(b) Required Cancellation Procedures for Preapproved and/or Pre-Authorized Debit Payments. You must provide Users with the ability to cancel a Preapproved Payment and/or Pre-Authorized Debit Payment within three (3) Business Days of the scheduled date of the Preapproved Payment and/or Pre-Authorized Debit Payment. In addition, if your Users signed up for the Preapproved Payment and/or Pre-Authorized Debit Payment through an online method, you must provide a simple and easily accessible online cancellation procedure. If your User cancels the Preapproved Payment and/or Pre-Authorized Debit Payment, you may not charge for the Preapproved Payment.

3.7 Payment Limits

We may, at our sole discretion, impose limits on the Payment Amount you may receive through our Services.

3.8 Insufficient Funds or Credit

NOTWITHSTANDING ANY OTHER PROVISIONS, PAYSLATE IS NOT RESPONSIBLE FOR THE PAYMENT OF RENT OR FEES TO YOU BY A USER, OTHER THAN TO THE EXTENT WE FACILITATE THE PROCESSING OF SUCH PAYMENT. ANY FAILURE IN RELATION TO A USER'S ABILITY TO MAKE A PAYMENT TO YOU IS THE SOLE RESPONSIBILITY OF SUCH USER, AND PAYSLATE IS NOT LIABLE, IN ANY WAY, FOR ANY FAILURE OR INABILITY OF A USER TO MAKE A PAYMENT TO YOU. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY SITUATION WHERE A USER HAS INSUFFICIENT FUNDS OR CREDIT AVAILABLE TO MAKE A PAYMENT TO YOU AS A RESULT OF PAYSLATE CHARGING ANY APPLICABLE SERVICE FEE FOR USE OF THE SERVICES.

3.9 Default and Fraudulent Transactions

If any single transaction is investigated and is determined to be fraudulent, in PaySlate's sole discretion, PaySlate may terminate such User's account and such default and fraudulent transaction may be reported to legal authorities.

3.10 Payments from Users

You may only receive Payments from Users who are registered users of PaySlate and have entered into the PaySlate User Terms of Use, available at https://rentmoola.com/terms and its services providers (as applicable) or from users for which you have authorization to process payments to you on file.

3.11 General Third Party Liability Disclaimer

Our Website may contain linked sites through which customers of PaySlate can access the provision of Third Party Services. These linked sites are provided solely as a convenience. The Third Party Services found through the Linked Sites are not under PaySlate’s control, and PaySlate is not responsible for the quality of the Third Party Services, including any information or materials contained on such linked sites. PaySlate may process payments in respect of Third Party Services and/or receive referral fees or revenue sharing in respect of the use of any Third Party Services.

PAYSLATE EXPRESSLY DISCLAIMS ANY LIABILITY TO YOU RELATING TO YOUR ACCESS OF AND USE OF THE LINKED SITES AND THIRD PARTY SERVICES. BY ACCEPTING THESE TERMS OF USE, YOU ARE DEEMED TO (1) ACKNOWLEDGE THAT PAYSLATE IS NOT PROVIDING ANY THIRD PARTY SERVICES AND IS NOT RESPONSIBLE FOR THE LINKED SITES AND (2) RELEASE PAYSLATE FROM ANY LIABILITY IN WAY ARISING FROM YOUR USE OF ANY THIRD PARTY SERVICE OR LINKED SITE.

3.12 Third Party Insurance Services

PaySlate is not an insurance agent, broker or insurer, and does not carry on any activity in respect of insurance business, including but not limited to, soliciting applications for contracts of insurance, issuing or delivering contracts of insurance or receipts for any contracts of insurance, advertising for any insurance products or collecting or receiving any premium for contracts of insurance.

3.13 Third Party Credit Services

PaySlate is not a consumer credit provider or micro-lender and does not carry on any activity in respect of credit or lending services, including but not limited to, soliciting applications for credit services, issuing or delivering contracts for credit, advertising for any credit products or collecting or receiving payment for credit contracts.

4. Receiving Payments

4.1 Receiving Payments

When a Payment is made to you using the Services, the Payment Amount will be transferred into your Merchant Account, subject to the terms of your Merchant Account agreement.

4.2 Delays and Non-Completion

You agree to accept all Payments made to you through the Services. You agree not to charge any person making Payment to you using the Services any penalties, late fees or interest charges on account of any delays in completing the Payment or if Payment cannot be completed because of any errors or omissions in your Merchant Account details as maintained by PaySlate, irrespective of the cause of such errors or omissions.

5. Your Conduct

5.1 Conduct

In connection with your use of our Website and our Services, you agree to:

(a) not act in a manner that is defamatory, libelous, threatening or harassing;

(b) provide accurate and updated information;

(c) comply in all respects with this Agreement and any other agreements that you have entered into with us;

(d) comply with all applicable federal, provincial, state and local laws and regulations;

(e) not infringe our or any third party's copyright, patent, trade-mark, trade secret or other intellectual property rights, or rights of publicity or privacy;

(f) provide, if requested, confirmation of your identity or any other information you have provided to us, and to cooperate with any investigations of the same by us or our third party delegates;

(g) not receive Payments using the Services to provide yourself or any other person with a credit card cash advance;

(h) respond in a reasonable and timely fashion to our communications;

(i) not introduce or facilitate the use or spread of any viruses, trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information;

(j) not use any robot, spider, other automatic device or manual process to monitor or copy our Website without our prior written consent;

(k) not use any machines, scripts or automated services to access or use the Services;

(l) not use any device, software or routine to bypass our robot exclusion headers or to interfere, or attempt to interfere, with our Website or our Services; and

(m) not take any action that may cause us to lose any of our services from our internet service providers, our Payment Processor or other suppliers.

5.2 Delays and Non-Completion

IF PAYSLATE HAS REASON TO BELIEVE, IN ITS SOLE DISCRETION, THAT YOU OR OTHERS MAY ENGAGE OR MAY HAVE ENGAGED IN ANY CRIMINAL OR CIVIL VIOLATION OF APPLICABLE LAWS, PAYSLATE MAY CEASE TO PROVIDE YOU THE SERVICES, AND MAY CONTACT THE APPROPRIATE ADMINISTRATIVE AND LAW ENFORCEMENT AUTHORITIES. YOU AGREE TO COOPERATE FULLY WITH ANY SUCH INVESTIGATIONS.

6. Intellectual Property

6.1 Limited Licence

You grant to us a limited, non-exclusive and revocable licence to access and use all information and data that you provide in connection with your use of our Services. You agree not to use our Services for framing, linking or reselling any portion of our Services.

6.2 Intellectual Property

"PaySlate", "RentMoola.com", all related logos, marks, symbols, and words on our Website (including the Services) are either trademarks or registered trademarks that belong to us or to our licensors. In addition, all content and materials on our Website, Website page headers, custom graphics, button icons, and scripts are our copyrighted materials, service marks, trademarks or trade dress that belong to us or our licensors. You may not copy, imitate or use any of the foregoing without our prior written consent.

7. Security and Electronic Communication

7.1 Unsecure Electronic Channels

You accept full responsibility for all risks associated with electronic communications between us, including, without limitation, the risk that such communications may be delivered to the wrong person, intercepted, lost or altered by a third party.

7.2 Access to Account

You are responsible for ensuring that the Services, your PaySlate account and your Merchant Account will only be used by you and your representatives. You agree that any electronic communications made by you or purporting to have been made on your behalf will be binding on you.

7.3 Notice of Unauthorized Use

You agree to notify us immediately if you know or reasonably ought to know that an unauthorized person is accessing or may access our Services (through your PaySlate account or otherwise) or your Merchant Account, or if you become aware of any actual or threatened use of our Services in a manner contrary to this Agreement.

7.4 Web Links

There may be links on our Website to websites not owned or operated by us. We make no representations about, do not endorse, and are not responsible for the content, products, services, privacy policies or practices relating to such other websites. We are not responsible for any losses realized by you or claims made against you relating to your use of such other websites.

7.5 Evidence

Electronic records and other information maintained by us regarding any electronic communications with you will be admissible in any legal, administrative or other proceedings as conclusive evidence of the contents of those communications in the same manner as an original paper document, and you waive any right to object to the introduction of any such record or other information into evidence on that basis.

7.6 Help Center

Standard message rates and data charges from your carrier apply when sending and/or receiving PaySlate text messages or calling the PaySlate Help Center. Persons that access such services are advised to check with their carrier regarding any questions about plans and costs.

8. Privacy

8.1 Privacy

By using the Website and our Services, you agree to the collection and use of your personal information, and the sharing of such information with our Indemnified Parties and your landlord, property manager, or other related party (as the case may be), in accordance with our Privacy Policy, available at https://rentmoola.com/privacy.

8.2 Password Security and Keeping Your Email Address Current

You are responsible for maintaining adequate security and control of any and all IDs, passwords, personal identification numbers (PINs), or any other codes that you use to access the Services. You are also responsible for keeping your email address, street address, and other personal information, up to date in your Account Profile and your Merchant Account.

8.3 SMS/Calls to You; Mobile Telephone Numbers

By providing us with a telephone number (including a mobile telephone number), you consent to receiving autodialed and pre-recorded message calls from us at that number. If we determine that a telephone number you have provided to us is a mobile telephone number, we may categorize it as such in our systems and in your Account Profile, and you consent to receive SMS/text messages from us about your use of the Services at that number.

9. Indemnification; Limitation or Liability; Warranties

9.1 Indemnification and Release

You agree to indemnify and hold harmless each of the Indemnified Parties from any claim or demand made by such Indemnified Parties or any third parties (including reimbursement of reasonable legal costs incurred) due to or arising out of your use of our Services or our Website, your breach of this Agreement or your violation of any law or right of any third party.

If you are a Merchant, you agree indemnify and hold harmless each of the Indemnified Parties from any claim or demand made by such Indemnified Parties or any third parties (including reimbursement of reasonable legal costs incurred) due to or arising out of (i) usage of any products or services you provide through the Website to Users, Landlords, or property managers; (ii) any data or security breach of your systems or of PaySlate’s systems that is caused by your act or omission; (iii) your failure to comply with any applicable laws or regulations; or (iv) your gross negligence, willful misconduct or fraud.

9.2 Limitations of Liability

IN NO EVENT SHALL ANY OF PAYSLATE, ITS SUBSIDIARIES, PARENTS, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONSULTANTS, CUSTOMERS, SUPPLIERS, PARTNERS AND OTHER REPRESENTATIVES (collectively, the “PaySlate Parties”) BE LIABLE TO YOU FOR LOST PROFITS, BUSINESS, REVENUE, OR CUSTOMERS OR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, DISCLOSURE OF INFORMATION OR LOSS OF PRIVACY), HOWEVER ARISING OUT OF OR IN CONNECTION WITH OUR WEBSITE, OUR SERVICES OR THIS AGREEMENT INCLUDING NEGLIGENCE EVEN IF PAYSLATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANYTHING TO THE CONTRARY NOTWITHSTANDING, THE CUMULATIVE LIABILITY OF ALL PAYSLATE PARTIES TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED IN TOTAL TO THE LESSER OF (A) THE AMOUNT OF SERVICE FEES YOU PAID TO PAYSLATE IN THE SIX MONTHS PRIOR TO THE EVENT GIVING RISE TO AN ALLEGED LIABILITY AND (B) FIFTY DOLLARS, AS THE SOLE AND EXCLUSIVE REMEDY.

9.3 No Warranty

OUR SERVICES ARE PROVIDED AS IS AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY, OF ANY KIND. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, ERROR-FREE OR SECURE ACCESS TO ANY PART OF OUR SERVICES.

9.4 No Jury or Class Action

YOU HEREBY WAIVE ANY RIGHT TO A TRIAL BY JURY AND AGREE THAT ANY AND ALL DISPUTES, CLAIMS, ACTIONS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE TERMS OF USE AND ALL ISSUES AND QUESTIONS CONCERNING THE VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THIS TERMS OF USE AND OTHER DOCUMENTS SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.

10. Term and Termination

10.1 Term

This Agreement shall be for an initial term of twelve (12) months commencing on the Effective Date (the "Initial Term") and shall automatically renew at the end of each successive term for a further twelve (12) months unless terminated in accordance with the terms and provisions of this Agreement, unless otherwise provided for in any specific agreement between you and PaySlate, in which case the terms of such agreement will govern.

10.2 Termination

Either party may terminate this Agreement on 30 days' notice in writing for any reason or no reason at all without further obligation to other party.

11. Miscellaneous

11.1 Currency

Unless otherwise specified, all dollar amounts referred to in this Agreement are in lawful money of the United States or Canada, as the context requires.

11.2 Relationship

PaySlate is an independent contractor. Nothing contained in this Agreement will create a partnership, joint venture, principal-and-agent relationship or any similar relationship between us.

11.3 Third-Party Providers

We may use one or more third-party service providers in the course of providing our Services. You agree that information about you and your Payments may be shared with such service providers for the purposes of performing this Agreement in accordance with our Privacy Policy.

11.4 Features and Functionality

You understand that the Service may change over time as we refine and add more features or content. We reserve the right to update, modify, or discontinue the features, functionality, content or other aspects of the Service, including any and all MoolaPerks, at any time, with or without notice, in our sole discretion. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to this Agreement. We do not guarantee the availability of the Service and/or any of the MoolaPerks or other benefits contained therein, and they are all subject to change at any time without notice.

11.5 Entire Agreement

This Agreement constitutes the entire agreement between us relating to the subject matter of this Agreement; it supersedes and replaces any previous or contemporaneous agreements and discussions between us.

11.6 Representation and Warranty

You represent and warrant that your execution of and performance under this Agreement (a) in no way breaches, contravenes, violates or in any manner conflicts with any of your other legal obligations, including, without limitation, your corporate charter or similar document, if applicable, or any agreement between you and any third party; and (b) has been duly authorized by all necessary actions and does not require any consent or other action by or in respect of any third party.

11.7 Notices

In order to be effective, notice pursuant to this Agreement must be given as follows:

(a) notice to you may be given by electronic mail to the email address stated in your Account Profile, or by posting such notice on our Website, whether addressed specifically to you or more generally to users of our Website or our Services; and

(b) except as otherwise stated in this Agreement, notice to us must be sent by postal mail, with an electronic mail copy to info@rentmoola.com, to:

PaySlate Inc.
710 - 1030 Burrard Street
Vancouver BC V6E 2Y3

and such notice is effective on the fourth Business Day following the day on which it is postmarked.

11.8 Severability

The invalidity or unenforceability of any particular provision of this Agreement will not affect or limit the validity or enforceability of the remaining provisions.

11.9 Governing Law

This Agreement is governed by, and is to be interpreted, construed and enforced in accordance with, the laws of the Province of British Columbia and the federal laws of Canada applicable therein, excluding any rule or principle of conflicts of law that may provide otherwise. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

11.10 Jurisdiction

The parties irrevocably submit to and accept generally and unconditionally the exclusive jurisdiction of the courts and appellate courts of the Province of British Columbia with respect to any legal action or proceeding which may be brought at any time relating in any way to this Agreement except for applications for injunctive relief or specific performance by PaySlate. Each of the parties irrevocably waives any objection it may now or in the future have to the venue of any such action or proceeding, and any claim it may now or in the future have that any such action or proceeding has been brought in an inconvenient forum. Jurisdiction and venue under this Agreement shall lie in the Province of British Columbia.

11.11 Binding Effect; Assignment

This Agreement inures to the benefit of and binds the parties' respective heirs, executors, administrators and other legal representatives, successors and permitted assigns. You may not assign this Agreement without our prior written consent. We may assign this Agreement to a third party upon notice to you.

11.12 Equivalency

This electronic Agreement and any other materials incorporated herein will be:

(a) deemed for all purposes to be a "writing" or "in writing", and to comply with all statutory, contractual, and other legal requirements for a writing;

(b) legally enforceable as a signed writing as against the parties subject to the electronic documents; and

(c) deemed an "original" when printed from electronic records established and maintained in the ordinary course of business.

Electronic documents introduced as evidence in any judicial, arbitration, mediation or proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.

11.13 Amendments

We may amend this Agreement from time to time at our discretion. You accept responsibility for reviewing all communication about this Agreement on our Website and acknowledge you will be deemed to have agreed to the terms of amendments communicated on our Website if you continue to use our Services.

11.14 Professional Advice

Any information provided to you by us is merely guidance and you agree that it does not constitute professional advice. You should consult with professional accounting, tax, legal and other advisors before deciding to use our Services.

11.15 Waivers

A waiver shall not be effective unless it is in writing and signed by the party against whom the waiver is being enforced.

11.16 Survival

The provisions of Sections 1, 2.1, 2.3, 2.5, 3, 4.2, 5.2, 6, 7, 8, 9 and 11 of this Agreement shall survive termination and expiration.

11.17 Force Majeure

We are not responsible for damages caused by delay or the failure to perform any of our obligations under this Agreement when the delay or failure is the result of Force Majeure.

11.18 Language

The parties confirm that this Agreement, as well as any other documents relating to this Agreement, have been and shall be prepared in the English language only.