Terms of Service

December 21, 2024

By creating an account, accessing, or using the Hamock Technologies LLC (“Hamock”) Website or smart phone/tablet/mobile Application (“App”), you accept and agree to be bound by these Terms of Service (“Terms”), our Privacy Policy, and any additional terms and conditions that may apply to specific services or features. Hamock allows users (“You”) consisting of both property owners, landlords, and rental managers (“Rental Managers”) and renters (“Renters”), to do various tasks related to rental properties. For example, Rental Managers can publish available properties, accept rental Applications, create leases, and set-up ongoing rental payments. Renters can search available properties, contact landlords and property managers, submit rental Applications, sign leases, and make rental payments. Our site is offered as a facilitation service only and Hamock in providing its Website, does not act as a broker, property manager, payment processor, legal advisor, money transmitter, payment manager, or credit reporting agency, and further does not guarantee any results from using the Website. Hamock does not independently verify any Renter or Rental Manager, does not perform credit or background checks and does not make any representations or warranties as to the quality of any Renter or Rental Manager or guarantee any results from any background or credit check. By using the features and links on the Website, You acknowledge and agree that the laws and regulations that apply to leases, rentals, and properties are subject to change, and the information contained in a lease, an Application, or the Website may not reflect the most current legal developments or comply with local law. Hamock makes no representations or warranties of any kind, express or implied, as to the accuracy or completeness of the information contained in a lease or the lease builder platform. You should consult with a licensed attorney if You have any questions about your local laws or the legal implications of a lease.

You must be at least 18 years old to use Hamock. By using Hamock, you represent and warrant that you meet this age requirement and have the legal capacity to enter into a binding agreement.

Hamock is designed to assist property owners and managers in managing their properties. You agree to use Hamock only for lawful purposes and in accordance with these Terms. You agree not to use Hamock to violate any Applicable laws or regulations; to infringe upon or violate our intellectual property rights or the intellectual property rights of others; to transmit any harmful code or disrupt the integrity or performance of Hamock. You further agree individually and through your employees, agents to: 1. Use the Website and App in compliance with all applicable laws, and all legal notice and disclosure requirements as provided in Stripe’s agreements (as described below), including, without limitation, the Fair Housing Act; 2. Comply with the terms of all of Hamock’s third-party vendor services (as described below), including Stripe (including Stripe Connect) and OpenAi; 3. Use the Website and App only on your own behalf, and not transmit any information received through the Website and App to third parties; 4. Provide Hamock, upon Hamock’s request, with the details of all transactions processed by you through the Website and App; 5.Use only using a payment method issued in the United States; 6. Charge a Renter only as legally authorized under a written agreement between you and a Renter; 7. Not use the Website and App to transfer money in violation of any money laundering laws, including the Bank Secrecy Act, or any regulations of the US. 8. Not attempt to process more than $10,000 in rent payments per month through the Website and App and comply with and not attempt to circumvent any other transaction limits set by Hamock; 9. Not use any income verification service available on the Website or App for any purpose other than to assist you in making a housing decision or require a Renter to provide any banking, sensitive financial, or personally identifiable information to you by any means other than through the income verification service; 10. Not add any tax or other surcharge to rent amounts specified in the Website and App; 11. Not submit a request for payment through the Website and App for any fee incurred by a Renter at a time prior to use of the Website and App, or otherwise to settle outstanding debts, or as otherwise prohibited by local laws; 12. Not submit any false or fraudulent information through the Website and App, or otherwise use the Website and App for false or fraudulent purposes; 13. Not rely on any feature of the Website and App in lieu of legal advice from a licensed attorney; 14. Not use the Website and App to discriminate against anyone based on race, color, national origin, religion, sex, disability, or the presence of children, or decline or treat a Renter differently based on any other class protected by the laws of your state and municipality (e.g., sexual orientation, gender identity, source of income, military status or marital status); 15. Not to share an application created through the Website and App (including any related credit reports or background checks) with any third-party, or otherwise provide any portion of an application outside of the Website and App.

Hamock is designed to assist property owners and managers in managing their properties. You agree to use Hamock only for lawful purposes and in accordance with these Terms. You agree not to use Hamock to violate any Applicable laws or regulations; to infringe upon or violate our intellectual property rights or the intellectual property rights of others; to transmit any harmful code or disrupt the integrity or performance of Hamock. You further agree individually and through your employees, agents to: (1) Use the Website and App in compliance with all applicable laws, including, without limitation, the Fair Housing Act; (2) Comply with the terms of all of Hamock’s third-party vendor services (as described below), including Stripe and OpenAi; (3) Use the Website and App only on your own behalf, and not transmit any information received through the Website and App to third parties; (4) Provide Hamock, upon Hamock’s request, with the details of all transactions processed by you through the Website and App; (5) Use only a payment method issued in the United States; (6) Charge a Renter only as legally authorized under a written agreement between you and a Renter; (7) Not use the Website and App to transfer money in violation of any money laundering laws, including the Bank Secrecy Act, or any regulations of the US Treasury’s Office of Foreign Assets Control or the Federal Trade Commission; (8) Not attempt to process more than $10,000 in rent payments per month through the Website and App; (9) Not rely on any feature of the Website and App in lieu of legal advice from a licensed attorney.

Certain features of Hamock may be subject to fees. If you choose to use such features, you agree to pay the Applicable fees as described on our Website or within the App. All fees are in U.S. Dollars and are non-refundable unless otherwise stated. Some fees may be charged by third-party companies and payment processors. Hamock does not hold any money you transfer through the Website or App and Hamock is not responsible for unsuccessful transmission, sourcing, or use of any funds. If a Renter or Rental Manager’s bank or card issuer initiates a reversal, chargeback, or payment dispute of a payment made through the Website or App, you authorize Hamock and our third-party payment processors to reverse or otherwise claim the funds from your account. Hamock may also initiate a reversal, or take other actions we determine to be Appropriate, if, in Hamock’s reasonable opinion, fraud or abuse of the Website or App has occurred. Additionally, Hamock may choose to implement a “charge back” or “reversal” fee in the case of unsuccessful payment, in which case Hamock will provide you prior notice of the amount to be charged. No Refunds/No Guarantees. Hamock does not provide any refunds and does not guarantee any result using its Website or App, including, but not limited to, receiving an Application, an Application being accepted, or a Rental Manager electing to accept payments through Hamock.

By utilizing Hamock, you agree to the terms and conditions of its third-party service and payment providers including:

1. Stripe Connect. The payments feature allows Rental Managers to use Stripe Connect to accept payments from other users, and may include additional processing or other fees detailed when you choose to use Stripe Connect. Your use of Stripe Connect is subject to the Stripe Connected Account Agreement, available athttps://stripe.com/us/connect-account/legal. Additionally, by using Stripe Connect, you agree not to use Stripe Connect (and the Website or App generally) for any Prohibited Business purposes, as listed at https://stripe.com/us/prohibited-businesses. 2. Open Ai. Some of the services offered by Hamock are generated by OpenAi and are therefore subject to OpenAi policies available at: https://www.openai.com.

Hamock and all content, features, and functionality (including but not limited to text, graphics, logos, and software) are owned by Hamock Technologies LLC and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You may submit content (e.g., property information, tenant data) to Hamock. You retain ownership of any intellectual property rights that you hold in that content. By submitting content to Hamock, you grant us a worldwide, non-exclusive, royalty-free license to use, modify, reproduce, distribute, display, and perform that content in connection with the operation of Hamock.

Your privacy is important to us. Please review our Privacy Policy, which explains how we collect, use, and disclose information that pertains to your privacy.

Hamock is provided on an "AS IS," "AS AVAILABLE," and “WITH ALL FAULTS” basis. We disclaim all warranties, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that Hamock will be uninterrupted, secure, or error-free.

You may terminate your account at any time by contacting support@hamock.App. You may cancel any rent payment not already in process in your account dashboard. If you terminate your account, you remain obligated to pay all outstanding fees, if any, incurred prior to termination relating to your use of the Website or App. If you violate any provision of these Terms, your permission from Hamock to use the Website or App will terminate automatically. In addition, Hamock may in its sole discretion terminate your account on the Website or App or suspend or terminate your access to the Website or App at any time for any reason, with or without notice, including if: (i) you fail to pay any amount to Hamock when due; (ii) we determine that you pose a financial, reputational or regulatory risk to Hamock or any third party; or (iii) we are required to do so by any third party. Hamock may alter, suspend or discontinue the Website or App or any portion of the Website or App without notice. Any termination by a Renter or Rental Manager of their account will not terminate any underlying agreement entered into between a Renter and Rental Manager, or a Renter or Rental Manager and a third-party, and both Renter and Rental Manager will remain bound by the terms of the underlying agreement between the parties. Hamock will not be bound by the terms of any lease or other agreement entered into between a Renter and Rental Manager and will not be liable for any breach of such agreement by either a Renter or Rental Manager. Hamock will not be liable whatsoever on account of any change to the Website or App or any suspension or termination of your access to or use of the Website or App. Hamock will remove any Listing that it determines in its sole discretion (a) violates any third party’s rights; (b) violates the Digital Millennium Copyright Act (you can access the DMCA here); (c) results in the publication of any material that Hamock deems inappropriate; or (d) results in your publication of any content that violates Fair Housing Laws. Hamock will notify you of, and stop charging you the fee for, any removed Listing. Hamock reserves the right to change these Terms at any time in its sole discretion on a going-forward basis. In the event Hamock changes these Terms, Hamock will make commercially reasonable efforts to provide notice to users (notice by email or posting the updated terms to the Website or App will be deemed sufficient). Any changes will be effective immediately upon posting the revised version of these Terms to Hamock’s Websites. Your continued use of the Website or App after notice of such changes will constitute acceptance of and agreement to any such changes. You further waive any right you may have to receive specific notice of such changes to these Terms. You are responsible for regularly reviewing these Terms. In the event that this Agreement is terminated, Hamock will not be obligated to return any material or information to you related to a terminated Listing. Hamock will not have any liability to you or any other person for the removal of information concerning your account or any listing.

You agree not to export from anywhere any part of the Website and App provided to you or any direct product thereof except in compliance with, and with all licenses and approvals required under, applicable export laws, rules and regulations. These Terms may only be amended by a written agreement signed by authorized representatives of the parties to these Terms. If any part of these Terms is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect. The section titles in these Terms are solely used for the convenience of the parties and have no legal or contractual significance. Hamock may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign these Terms, or assign, transfer or sublicense your rights, if any, in the Website or App. Hamock’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Except as expressly stated herein, these Terms, and all expressly incorporated agreements, constitute the entire agreement between you and Hamock with respect to the Website and App and supersede all prior or contemporaneous communications of any kind between you and Hamock with respect to the Website and App. These Terms shall survive any termination.

To the fullest extent permitted by law, in no event will Hamock Technologies LLC, its affiliates, officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from your use of or inability to use Hamock, or any materials obtained through the Website or App, whether based on breach of contract, breach of warranty, negligence, or any other cause of action.

You agree to indemnify, defend, and hold harmless Hamock Technologies LLC and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorney's fees, arising out of or in any way connected with your use of Hamock or your violation of these Terms.

These Terms shall be governed and construed in accordance with the laws of the State of Michigan, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction and venue in the state and federal courts for Oakland County, Michigan for any and all disputes, claims and actions arising from or in connection with the Website or App, or these Terms. Hamock operates the Website or App from our offices in Michigan, and we make no representation that the Website or App is appropriate or available for use in other locations.

We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting the updated Terms on Hamock. Your continued use of Hamock after any such changes constitutes your acceptance of the new Terms.

If you have any questions about these Terms, please contact us at support@hamock.app.