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Home Sharing Service-Specific Terms

Last Updated: October 28, 2024

These Home Sharing Service-Specific Terms apply to the Home Sharing Services, as defined below, and are subject to and governed by the terms and conditions of the General Terms  which are incorporated herein by reference (collectively, these Home Sharing Service-Specific Terms and the General Terms are the “Home Sharing Terms”).  Capitalized terms used in these Service-Specific Terms have the meanings provided in the General Terms unless otherwise defined herein.

Please carefully read the Home Sharing Terms before accessing or using the Home Sharing Services.  The Home Sharing Terms may contain links to additional governing terms and conditions that are incorporated by reference and will apply depending on your use of the Home Sharing Services. By accessing or using the Home Sharing Services, or otherwise demonstrating your acceptance of the Home Sharing Terms, you accept and are bound by the Home Sharing Terms.  If you do not agree to be bound by the Home Sharing Terms, then you may not access or use the Home Sharing Services.

PLEASE BE ADVISED THAT THE HOME SHARING TERMS ARE SUBJECT TO THE DISPUTE RESOLUTION AGREEMENT (SEE SCHEDULE A AT THE END OF THE GENERAL TERMS, TITLED “DISPUTE RESOLUTION TERMS (ARBITRATION AGREEMENT; CLASS AND COLLECTIVE ACTION WAIVER; AND JURY TRIAL WAIVER)”), THAT GOVERNS HOW CLAIMS YOU AND REALPAGE HAVE AGAINST EACH OTHER ARE RESOLVED, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE THE PARTIES TO SUBMIT CLAIMS THEY MAY HAVE AGAINST ONE ANOTHER TO BINDING AND FINAL ARBITRATION. UNDER THE DISPUTE RESOLUTION AGREEMENT, THE PARTIES WILL (I) ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST EACH OTHER ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (II) BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY ON AN INDIVIDUAL BASIS.

1. DESCRIPTION

The Home Sharing (f/k/a Migo) platform enables multifamily property owners (“Owners”) and their residents (each a “Resident”) to monetize their respective rental units(s) (each a “Unit”) for Home Sharing purposes (defined as the use of a Unit for non‐commercial, residential rentals of less than 30 consecutive days). The services provided through the Home Sharing Platform generally fall into two categories: (i) self‐ service and (ii) full‐service. These services can generally be categorized as follows (collectively, the “Home Sharing Services”):

  1. Resident Self-Service. This Home Sharing Service enables Residents in a subscribed property to use the Home Sharing Platform to manage all aspects necessary to facilitate the listing and booking of their Unit for Home Sharing purposes through an Airbnb® listing.
  2. Resident Full-Service. This Home Sharing Service enables Residents in a subscribed property to use the Home Sharing Platform to authorize RealPage to manage all aspects necessary to facilitate the listing and booking of each such Resident’s Unit for Home Sharing purposes through an Airbnb listing.  Residents enrolled in Resident Full‐Service remain responsible for (i) providing necessary marketing collateral to enable RealPage to create, manage and update the listing; (ii) notifying RealPage when the Unit will be vacant and available for Home Sharing; and (iii) managing any permitting and tax issues relating to the listing.

2. REALPAGE PARTY

The RealPage Party that provides the Home Sharing services is RealPage Home Sharing, Inc.

3. PRIVACY POLICY

The data you provide, and we transfer, in conjunction with the Home Sharing Services is governed by your property management company’s privacy policy.

4. PAYMENT

  1. Home Sharing Services Fee. In exchange for your access to the Home Sharing platform and receipt of any Home Sharing Services, you agree to pay the applicable non‐refundable fee(s) to Home Sharing (the “Home Sharing Services Fee”) as listed in the fee schedule available at https://www.Home Sharing.com/fees (the “Fee Schedule”) and incorporated herein by this reference. We reserve the right to revise the Home Sharing Services Fees at any time by updating the Fee Schedule—with the revised fee(s) taking effect 30 days after such update. Fee changes will not affect bookings made prior to the effective date of the fee change. If you disagree with a fee change you may terminate your license to the Home Sharing Services at any time in accordance with the Home Sharing Terms.
  2. Payment Process. Depending on the nature of the Home Sharing Service, RealPage will be entitled to payment of the applicable Home Sharing Services Fee in accordance with the following process:
    1. Resident Self-Service. For Resident Self‐Service bookings at a property, you hereby authorize Home Sharing to collect payment through one of the following methods (as mutually agreed upon by the parties in writing):
      1. Directly debit from Owner’s designated account the Home Sharing Services Fees owed in connection with each such booking that has commenced at Owner’s property. Home Sharing will submit a monthly statement to Owner confirming the amount of Home Sharing Services Fees debited during each month. In the event any direct debit is returned for insufficient funds, Owner agrees to pay to Home Sharing, upon demand in immediately available funds, all amounts and expenses due and owing—including without limitation any costs incurred by Home Sharing to collect such amounts; or
      2. Submit a monthly invoice to the applicable Owner (or its designee, such as the property manager acting on behalf of the Owner) detailing the Home Sharing Services Fees owed in connection with such bookings. Each invoice will detail only those bookings for stays that commenced at the Owner’s property during the preceding month. Owner will pay the invoiced amount to Home Sharing within 30 days after receipt of the invoice. Home Sharing reserves the right to charge interest on any invoiced amounts that are past due at a rate equal to the lesser of 1.5% per month or the greatest amount permitted by applicable law, calculated from the due date.
    2. Resident Full-Service. For Resident Full‐Service bookings at your Unit(s), you hereby authorize and appoint RealPage, and RealPage hereby agrees to serve, as your limited payment collection agent solely for the purpose of receiving and processing payments on your behalf in connection with such bookings. For any such booking, you understand that Airbnb (after deducting its applicable hosting fee pursuant to the terms between Airbnb and you) will remit to a RealPage operating account the remaining portion of the booking subtotal paid by your guest(s). You hereby authorize RealPage to (1) retain the applicable Home Sharing Services Fee(s) relating to such booking in accordance with the terms of the Fee Schedule; (2) remit to the appropriate taxing authority(ies) any Taxes owed relating to such booking; and (3) distribute to you the remaining portion of such booking subtotal. RealPage will initiate such distribution(s) within 30 days after receipt of the corresponding funds from Airbnb and will be liable solely for distribution of funds based on amounts actually received from Airbnb. Upon RealPage’s request, you agree to provide RealPage with all necessary bank account routing and related information and grant RealPage permission to credit amounts due to your bank account. This paragraph states the entirety of RealPage’s duties as your agent for receipt of payment, and no other duties shall be implied by RealPage’s undertaking to act in that capacity. This paragraph does not limit in any way RealPage’s rights against you or any funds held by RealPage, including any right of set‐off or security interest in such funds.
  3. No Chargebacks. You agree that upon the initiation of a guest’s stay at your Unit, the corresponding Home Sharing Services Fee for such booking becomes due, is non‐refundable, and is not subject to chargeback for any reason whatsoever.

5. AIRBNB EXCLUSIVITY

You acknowledge and agree that the online community marketplace made available by Airbnb at www.airbnb.com (the “Airbnb Platform”) will be the exclusive platform used for advertising your Unit(s) for Home Sharing purposes via integration with the Home Sharing platform (for clarity, this restriction does not apply to any business conducted through the RealPage Renter Engagement Suite or an Owner setting aside vacant model Units or furnished Units that are not distributed publicly and only available as a reservable amenity to existing residents). You further acknowledge and agree that any issues (including, without limitation, any guest‐related issues) arising from your listing(s) on the Airbnb Platform will be subject to and governed by the terms and conditions between you and Airbnb, and you agree that RealPage is not responsible for, or liable for, any such issues. If you fail to comply with the foregoing exclusivity requirement, RealPage reserves the right to immediately suspend or terminate your access to the Home Sharing platform and to cease providing Home Sharing Services to you.

6. REPRESENTATIONS AND WARRANTIES

For each any Unit that you enroll into the Home Sharing platform for Mig Services, you represents and warrant to RealPage that:

  1. the negotiation, entry and performance of these Service-Specific Terms will not violate, conflict with, interfere with, result in a breach of, or constitute a default under, any other agreement to which you are a party or any applicable law;
  2. you have all necessary power and authority to enter into these Service-Specific Terms, and to carry out your obligations hereunder;
  3. you will comply with all applicable laws, rules and regulations in its performance of these Service-Specific Terms;
  4. any information you provide to RealPage and/or to any guest relating to a Unit will be accurate and up‐to‐date;
  5. your Unit(s) will maintain high‐speed Wi‐Fi connectivity that is easily accessed by your guests;
  6. you will be reasonably available to communicate with RealPage and your guests during any Home Sharing stay at your Unit(s);
  7. you will ensure that your Unit is clean and “Guest‐ready” prior to each guest check‐in;
  8. you will provide Unit access information to each guest reasonably in advance of such guest’s scheduled check‐in time;
  9. you will not enter your Unit during the term of a guest’s stay without obtaining prior written permission from such guest (using the Airbnb messaging feature);
  10. you will not tamper with or otherwise disable any noise detection devices installed in your Unit(s);
  11. you will not de‐link or disconnect your Airbnb account from the Home Sharing platform;
  12. you will not exceed the number of Home Sharing nights permitted for your Unit, as established by your community; and
  13. you will maintain any permits or other Local Requirements (defined below) necessary to engage in Home Sharing of your Unit.

Home Sharing reserves the right, in its sole discretion, to discontinue providing any Home Sharing Services relating to any Unit that fails to comply with the foregoing.

7. COMPLIANCE WITH APPLICABLE LAWS AND LOCAL REQUIREMENTS

Your access to and use of the Home Sharing Services must comply with all applicable laws, rules and regulations. Depending on where you live, your access to and use of the Home Sharing Services may be subject to certain state and local laws, rules and regulations specific to short term rentals (“Local Requirements”). These may include, without limitation, relating to taxation, licensing and permitting, and are subject to change from time‐to‐time. RealPage is not responsible for ensuring, and does not represent or warrant that your use of the Home Sharing Services will comply with Local Requirements. You are solely responsible for ensuring that you comply with, and you agree to fully comply with, any such Local Requirements and any other laws applicable to your access to and use of the Home Sharing Services. Notwithstanding the foregoing, RealPage reserves the right to limit the availability of and the provision of any Home Sharing Services as necessary to comply with any laws applicable to the Home Sharing Services as determined by RealPage in our sole discretion.

8. TERMINATION OR SUSPENSION

Notwithstanding the termination provisions contained in the Home Sharing Terms, RealPage will provide at least 30 days’ advance written notice to you before terminating the Home Sharing Services, unless you breach the Home Sharing Terms with respect to the Home Sharing Services or RealPage reasonably believes that such termination is necessary to protect RealPage, in which case RealPage may terminate or suspend  (in our discretion) your access to the Home Sharing Services immediately and without notice.  You may terminate your license to access the Home Sharing Services at any time by requesting in writing that your account be deactivated.

9. INDEMNIFICATION

In addition to your indemnification obligations contained in the General Terms, you agree to indemnify and hold harmless RealPage, our affiliates, and any of our or their respective directors, officers, employees, and agents from and against any and all claims and liabilities (including reasonable attorneys’ fees) that may arise from (i) the condition of your Unit(s); (ii) the actions of your Home Sharing guests; or (iii) your failure to comply with Local Requirements or other local, state, federal or international laws applicable to your use of the Home Sharing Services. RealPage reserves the right to assume the exclusive defense and control of any such matter, and you agree to cooperate with any reasonable requests for assistance with such defense.

10. SMS TEXT ALERTS AND OTHER HOME SHARING SERVICES-RELATED NOTIFICATIONS

You understand and agree that by providing us with your mobile phone number you consent to being contacted at that number by a person, and via prerecorded voice messages and automatic telephone dial devices relating to the Home Sharing Services.  You also consent to receiving Home Sharing Services-related emails to any email address that you provide.  We may offer you the ability to enroll your mobile phone number in our Short Messaging Service text message service (the "SMS Service") for purposes of receiving messages from RealPage regarding information, resources, and marketing materials related to the Home Sharing Services in the form of: operational alerts and reminders from your property management company, marketing communications and information for Services available for your property, and digital tools and other communication materials.

  1. Enrollment and Consent.  If SMS Service is made available to you through the Home Sharing Services, by providing your mobile phone number(s) and opting in to the SMS Service:
    1. You authorize RealPage and your property management staff to send text messages to the mobile phone number(s) included in your Home Sharing Services profile.
    2. You acknowledge and agree that your completion of the online registration process constitutes your written, express consent to enroll your mobile phone number(s) in the SMS Service.
    3. You confirm that you are the owner or subscriber of the mobile phone number(s) and authorized to enroll them in the SMS Service. You acknowledge the number of non-solicited text messages received from the SMS Service may vary.

      Prior to completing your enrollment in the SMS Service, we will send a confirmation text message to your designated mobile phone number(s). To complete enrollment, you must confirm receipt of the text message from your mobile device by following the instructions in that text message.
  2. Opting Out.  You may cancel your enrollment in the SMS Service at any time by:
    1. Removing your mobile phone number(s) from the SMS Service registration; or
    2. Texting "STOP" in reply to any text message received from the SMS Service.
  3. SMS Service Availability and Other Information.  The SMS Service relies upon third party wireless service provider networks to deliver text messages. RealPage is not liable for the availability (or lack thereof) of wireless network coverage or the failure of the wireless networks to deliver a text message. RealPage disclaims any responsibility for any wireless service used to access the SMS alerts. RealPage SMS alerts are available to users based in the United States. You understand and acknowledge that SMS alerts are not intended to be accessed from outside of the United States. Wireless carriers are not liable for delayed or undelivered messages. Message and data rates may apply.