Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of the PurelyPayments mobile application and related websites and services (collectively, the "Services"), provided by PurelyPayments ("Company," "we," "us," or "our").

By creating an account, connecting a payout account, or otherwise using the Services, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Services.

You must be at least 18 years old and able to form a binding contract to use the Services.

2. Description of Service

PurelyPayments is a software platform that helps independent landlords collect rent, manage lease documents, track maintenance requests, and communicate with tenants. Landlords use the mobile application; tenants interact with the Services primarily through secure, single-use web links sent by email or, if opted in, text message — tenants are not required to create an account or download an app.

PurelyPayments is a technology provider. We are not a bank, a money transmitter, a property manager, a real estate broker, or a party to any lease. We do not own, manage, or take title to any property listed by a landlord using the Services.

3. Eligibility and Accounts

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to provide accurate, current information and to keep it updated.

Landlords connecting a payout account through Stripe Connect must complete Stripe's identity and business verification (KYC) requirements. We may suspend or limit your access to the Services if you fail to complete or maintain this verification, or if Stripe restricts your connected account.

4. Payments, Fees, and Stripe

All payment processing is performed by Stripe, Inc. ("Stripe"), a third-party payment processor. By using the payment features of the Services, you also agree to the Stripe Connected Account Agreement and Stripe's own terms of service.

4.1 Application Fee

PurelyPayments charges an application fee, calculated as a percentage of each rent payment processed through the Services and subject to a per-payment maximum, as disclosed in the app and on the payment page at the time of setup. This fee is separate from and in addition to any processing fees charged directly by Stripe. Fees are subject to change with notice as described in Section 13.

4.2 Who Pays the Fee

Landlords may choose whether the application fee and Stripe processing costs are absorbed by the landlord or passed to the tenant as part of the payment amount. It is the landlord's sole responsibility to ensure any fee passed to a tenant complies with applicable state and local law, including any state-specific rules on convenience fees or surcharges.

4.3 No Guarantee of Funds

We do not guarantee that any payment will be successfully collected, processed, or deposited. Payments may be delayed, reversed, disputed, or returned for reasons outside our control, including insufficient funds, bank errors, fraud, or a payment dispute (chargeback) initiated by a tenant's bank. Landlords are responsible for any amounts owed to Stripe or to PurelyPayments as a result of a reversed, disputed, or fraudulent payment, including associated fees.

4.4 Payouts, Reserves, and Holds

Stripe, and in some cases PurelyPayments acting through Stripe's platform tools, may place a hold or reserve on funds, delay a payout, or require additional verification where activity on an account appears unusual, high-risk, or potentially fraudulent. We may pause or restrict an account's ability to accept payments or receive payouts pending review.

5. The Landlord-Tenant Relationship

PurelyPayments facilitates communication and payment between landlords and tenants but is not a party to any lease, rental agreement, or landlord-tenant relationship. We do not verify the accuracy of any lease terms, rent amount, late fee, or property information entered by a landlord, and we are not responsible for disputes between a landlord and a tenant.

Landlords are solely responsible for complying with all applicable landlord-tenant law, including notice requirements, late fee limits, security deposit handling, and habitability standards in their jurisdiction.

6. Acceptable Use

You agree not to:

• Use the Services for any unlawful purpose, including money laundering or processing payments you know or suspect to be fraudulent, stolen, or unauthorized
• Create a landlord account for a property you do not own or have the legal right to collect rent for
• Submit or invite payment from a bank account or payment method that does not belong to, or is not authorized by, the account holder
• Circumvent, disable, or interfere with the Services' security features, including identity verification and fraud detection
• Access or attempt to access another user's account or data without authorization
• Use the Services to harass, defraud, or mislead any tenant or landlord

7. Leases, E-Signatures, and Documents

The Services allow landlords to send documents, including lease agreements, for electronic signature. Electronic signatures are captured with a timestamp, IP address, and device information for audit purposes. You are responsible for ensuring any document you send complies with applicable law and accurately reflects the agreement between the parties. We do not review, draft, or provide legal advice on the content of any lease or document.

8. Disclaimers

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PURELYPAYMENTS AND ITS OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, OR RENT, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING FROM THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE TOTAL APPLICATION FEES YOU PAID US IN THE 6 MONTHS BEFORE THE CLAIM AROSE, OR (B) $100.

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

10. Indemnification

You agree to indemnify and hold PurelyPayments harmless from any claim, loss, liability, or expense (including reasonable attorneys' fees) arising from your use of the Services, your violation of these Terms, your violation of any law, or your dealings with any other user of the Services (including any landlord-tenant dispute).

11. Suspension and Termination

You may stop using the Services and request account deletion at any time. We may suspend or terminate your access to the Services, with or without notice, if we reasonably believe you have violated these Terms, engaged in fraudulent or unlawful activity, or if required to do so by Stripe or applicable law. Sections of these Terms that by their nature should survive termination (including Sections 4, 8, 9, 10, and 12) will survive.

12. Dispute Resolution

Before filing a claim against PurelyPayments, you agree to first contact us at legal@purelypayments.com and attempt to resolve the dispute informally.

Any dispute arising out of or relating to these Terms or the Services will be governed by the laws of the state in which PurelyPayments is organized, without regard to conflict-of-law principles, and subject to the exclusive jurisdiction of the courts located in that state, except where applicable law requires otherwise.

13. General Terms

13.1 Changes to These Terms

We may update these Terms from time to time. We will update the "Last Updated" date above and, for material changes, provide notice through the app or by email. Continued use of the Services after a change constitutes acceptance of the updated Terms.

13.2 Assignment

You may not assign or transfer your rights under these Terms without our consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

13.3 Severability

If any provision of these Terms is found unenforceable, the remaining provisions will remain in full effect.

13.4 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and PurelyPayments regarding the Services.

14. Contact Information