Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and NestLedger ("Company," "we," "us," or "our") governing your access to and use of the NestLedger platform, including our website at thenestledger.com, web application, mobile application, and all related services (collectively, the "Service").

By accessing or using the Service, you represent that you are at least 18 years of age, have the legal authority to enter into this agreement, and agree to be bound by these Terms and our Privacy Policy.

NestLedger provides a cloud-based property management platform designed to help independent landlords and property managers manage rental properties, tenants, leases, maintenance requests, expenses, and rent collection. The Service facilitates communication and payment processing between landlords and tenants but does not act as a landlord, property manager, tenant, or party to any rental agreement.

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time with or without notice.

To use the Service, you must create an account and provide accurate, complete, and current information. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activity that occurs under your account
• Notifying us immediately of any unauthorized access at support@thenestledger.com
• Ensuring all users added to your organization comply with these Terms

We reserve the right to suspend or terminate accounts that violate these Terms or that we believe are being used fraudulently.

NestLedger offers subscription plans as described on our pricing page. By selecting a paid plan, you authorize us to charge your payment method on a recurring basis.

• Free Trial: New accounts may receive a trial period. At the end of the trial, your account will be charged the applicable subscription rate unless you cancel.
• Billing: Subscriptions are billed monthly or annually in advance. All fees are in U.S. dollars and are non-refundable except as required by law.
• Price Changes: We may change our pricing with 30 days' advance notice. Continued use of the Service after a price change constitutes acceptance of the new pricing.
• Cancellation: You may cancel your subscription at any time. Access continues through the end of your current billing period.

NestLedger facilitates rent payments between tenants and landlords through Stripe, a third-party payment processor. By using our payment features:

• Landlords must connect a Stripe account and agree to Stripe's Terms of Service. You are responsible for any taxes, fees, or obligations arising from rent collected.
• Platform Fee: NestLedger charges a transaction fee on each rent payment processed through the platform. The current fee is disclosed at checkout and in your account settings.
• Tenants authorize their payment method for each transaction. NestLedger does not store full payment card numbers; all sensitive payment data is handled by Stripe.
• NestLedger is not responsible for failed, disputed, or reversed payments. Payment disputes must be resolved between the landlord and tenant or through Stripe's dispute process.

If you use NestLedger as a landlord or property manager, you represent and warrant that you will:

• Comply with all applicable federal, state, and local landlord-tenant laws
• Comply with the Fair Housing Act and all applicable fair housing laws — you may not discriminate against tenants or applicants based on race, color, national origin, religion, sex, familial status, disability, or any other protected class
• Comply with the Fair Credit Reporting Act (FCRA) when using tenant screening information, including providing required adverse action notices
• Obtain all legally required consents before collecting, storing, or sharing tenant personal information through the platform
• Ensure that any notices, disclosures, or communications sent through the platform comply with applicable law
• Maintain appropriate security deposits in accordance with applicable law

NestLedger provides tools to assist with compliance (such as adverse action notice templates) but does not guarantee legal compliance. You are solely responsible for ensuring your use of the Service complies with all applicable laws.

Landlords may add tenant personal information (name, email, contact details) to the platform to facilitate property management. By doing so:

• You represent that you have a lawful basis for processing this information
• You acknowledge that tenant data is shared with NestLedger solely to provide the Service
• Tenants who create portal accounts are subject to these Terms
• NestLedger acts as a data processor on behalf of landlords with respect to tenant personal data

You agree not to use the Service to:

• Violate any applicable law or regulation
• Discriminate against any person in violation of fair housing or other anti-discrimination laws
• Upload or transmit malicious code, viruses, or harmful content
• Attempt to gain unauthorized access to any system or account
• Scrape, reverse-engineer, or copy any part of the Service
• Use the Service for any purpose other than lawful property management activities
• Impersonate any person or entity

We reserve the right to investigate and take appropriate action against violations, including suspending or terminating your account and reporting to law enforcement.

The Service and all content, features, and functionality (including software, text, graphics, logos, and designs) are owned by NestLedger and are protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works without our express written permission.

You retain ownership of the data you input into the Service. By using the Service, you grant NestLedger a limited license to store, process, and display your data solely to provide the Service.

THE SERVICE IS 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, ERROR-FREE OPERATION.

We do not warrant that:

• The Service will be uninterrupted, timely, secure, or error-free
• Any errors in the Service will be corrected
• The Service will meet your specific requirements
• Results obtained from using the Service will be accurate or reliable

NestLedger does not provide legal, tax, financial, or real estate advice. Any tools, templates, or notices provided are for informational purposes only and do not constitute legal advice. You should consult a qualified attorney for legal guidance.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NESTLEDGER AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE.

IN NO EVENT SHALL NESTLEDGER'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID BY YOU TO NESTLEDGER IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).

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.

You agree to indemnify, defend, and hold harmless NestLedger and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of the Service
• Your violation of these Terms
• Your violation of any law or the rights of any third party
• Any tenant claims arising from your landlord activities
• Any failure to comply with landlord-tenant law, fair housing law, or the FCRA

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Informal Resolution: Before filing any legal claim, you agree to contact us at support@thenestledger.com and attempt to resolve the dispute informally for at least 30 days.

Binding Arbitration: If informal resolution fails, any dispute arising from or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court. The arbitration will take place in the state where you reside, or via video conference.

Class Action Waiver: YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You waive your right to participate in a class action lawsuit or class-wide arbitration.

Exceptions: Either party may seek injunctive or equitable relief in any court of competent jurisdiction to prevent unauthorized use of intellectual property or irreparable harm. Small claims court actions are also permitted.

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles. To the extent any dispute is heard in court (and not subject to arbitration), you consent to exclusive jurisdiction in the state and federal courts located in Delaware.

Either party may terminate these Terms and your account at any time:

• By you: Cancel your subscription and stop using the Service. You may request data export before termination.
• By us: We may suspend or terminate your account for violation of these Terms, non-payment, or any reason we determine appropriate, with or without notice.

Upon termination, your right to access the Service ceases immediately. We will retain your data for 30 days following termination, after which it may be permanently deleted. Sections 9–14 survive termination.

We may update these Terms from time to time. We will notify you of material changes by email or through the Service at least 14 days before they take effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service and cancel your account.

• Entire Agreement: These Terms and our Privacy Policy constitute the entire agreement between you and NestLedger regarding the Service.
• Severability: If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force.
• Waiver: Failure to enforce any provision of these Terms does not constitute a waiver of that provision.
• Assignment: You may not assign these Terms without our consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
• Force Majeure: We are not liable for any failure or delay caused by events beyond our reasonable control.

For questions about these Terms, contact us at: