Terms of Service
Terms of Service
By accessing this application, RentRX, you are agreeing that your access and use of this application and attendant services (“Application”) is subject to the terms below (the “Terms of Service” and sometimes the “Agreement”):
1. This Agreement is a legally binding agreement between you and us (Q Foundation, a California public benefit corporation) and applies to your access and use of this Application and any accompanying services and applies to your use of this Application from any and all devices.
The Terms of Service applies to and governs your use of this Application and its services, including but not limited to paying rent through the Application and the requesting that the Application report your payments to credit agencies (collectively, the “Services”).
2. You agree you are not accessing the Application and/or Services in order to harm and/or injure us or another party, hack our Application and/or Services, reverse engineer our products or otherwise access the Application and/or Services in order to create a competitive product and/or communicate with minors. If you do, we can restrict or prohibit your access the Application and Services.
Q FOUNDATION grants you a personal, limited, non-assignable, worldwide, royalty-free, non-exclusive, revocable license to use the Application and Services for your sole personal and non-commercial use and for no other purpose. You have no permission and are not to utilize and/or access the Application and/or Services to (i) vilify and/or harm, and/or aid, abet, encourage or incite violence or other injury against particular social groups and/or individuals (ii) aid, abet, and/or encourage any terrorist organization as such is defined by the United States in applicable laws (iii) misappropriate, copy or otherwise develop a competitive product and/or services, including but not limited to the Application and its Services’ concepts, content, ideas, features, functions, graphics and the “look and feel” of the Application and/or the Services (iv) interact with minors (v) reverse engineer, copy, disable, deactivate, decompile, disassemble, disrupt, hack, modify, or otherwise harm and/or interfere with the functionality, performance, integrity and/or security of the Application and/or the Services, third party services or any third party content and/or feature on the Application and/or Services (vi) attempt to gain unauthorized access to any services, features and/or content of the Application and/or Services, including any other user’s account (vii) utilize, transmit, upload or download any malware, virus or harmful technology (viii) impersonate any individual and/or entity or otherwise misrepresent your identity (ix) infringe or injure another party’s rights, whether under common law, statute or contract.
3. We own all the rights to our work.
All right, title and interest in and to the Application, Platform and Services, excluding any content made available by users and third parties, including but not limited to the idea, concept, features, functions, graphics and “look and feel” of the Application, Platform and Services, their UI, UX, underlying code, underlying algorithms, Q FOUNDATION trademarks, tag lines, logos and any other distinctive Q FOUNDATION or Application branding, including but not limited to “RentRX” and the RentRX owl logo, shall remain the exclusive property of Q FOUNDATION (“Q Foundation IP”). Your access and use of this Application and Services does not provide you any rights, title and/or interest in and to the Q Foundation IP.
4. You are who you say you are.
You represent and warrant that all the information you provide to us about yourself is true and accurate.
5. You will provide accurate and true information.
You represent and warrant that any documents and information you may provide to us, including but not limited to your bank account information, identity documents and residence, is true and accurate.
6. You acknowledge and agree that in order for you to pay your rent through the Application, you need to provide us information to do so and agree that we can share that information with third parties as necessary to perform the rent payment Services.
You acknowledge and agree that we require information from you respecting your residence, your bank account information and your landlord’s bank account information and the ability to access your bank account in order to perform the requested rent payment Services. You additionally acknowledge and agree that we can share this information and access as necessary with integrated third-party applications that enable us to perform the requested Services.
7. You acknowledge and agree that in order for us to report your rent payments to credit agencies, that you provide us consent to do so and that if we report your rent payments, we also have to report any non-payment of rent.
You acknowledge and agree and provide consent for us to report your rent payments to credit agencies. You acknowledge and agree that if you request we report your rent payments, that we will also be reporting when you do not pay rent and that this may hurt your credit.
8. We use third party services to perform some of our Services, including when we process your rent payments to your landlord and when we report to credit agencies. We do not control these third parties and you agree we are not responsible for their actions. We have no control over and disclaim all responsibility respecting what third parties will do with and how they protect your information and documents.
You acknowledge and accept that we are not liable for any actions or inactions, obligations or omissions, by any third-party integrated services, such as payment services or any associated third parties such as banks or credit agencies. We are not responsible for any errors in paying your rent due to the fault of your bank or our third-party payment processor or any fault of any credit agency in not correctly reporting your rent payments or not correctly reporting your credit. We have no control over and disclaim any and all responsibility respecting how any such third parties access, utilize and/or retain your information and documents.
9. You have read, understood and agree to our Privacy Policy.
Our privacy policy can be accessed here: link
Any questions respecting your privacy should be directed to our Privacy Policy Coordinator at privacy@GoRentRX.com.
10. You acknowledge, understand and agree that the information and documents you provide to us may be retained by us as required by our audits and in order to comply with applicable law. We may receive a legal request to disclose your information which we may have to comply with. We have no control as to how third parties that we had to disclose some of your information to in order to process your rent payments or report your payments to credit agencies, retain your information.
We may retain information you provide to us to comply with audits and as otherwise necessary to comply with applicable law. We may receive a legal request, including from a government investigation, subpoena, or other court order, to disclose your information and we may have to so disclose it. In performing our Services to you, we will share your information with third parties, and we have no control as to how they manage, secure, and retain your information.
11. You acknowledge, understand and agree that your anonymized data, i.e. any non personally identifiable, health, financial, age, gender, ethnicity, sexual orientation and other demographic and location information that may provide to us, may be accessed, reviewed, used, utilized, retained and published by us and shared with third parties in aggregate data sets.
You acknowledge, understand and agree that your demographic, financial, health, location and other anonymized information that you submit and/or transmit through the Application, the and/or the Services may be used for data analysis and compiled in the aggregate with other users’ demographic, health, financial, location and other anonymized data by us and may be published in various forms and otherwise shared with third parties.
12. While we will diligently protect the security of your information through our Application and Services, we cannot guarantee that despite our diligent efforts, the Application and Services will not be hacked or otherwise compromised by unauthorized third parties. You assume the risk using the Application your information, documents and accounts may be stolen, accessed, or publicly released by malware, hacking, or other security breaches and/or unauthorized use and that this may result in identity theft, theft, harassment, personal injury or death.
By accessing and using this Application, you assume the risk that an unauthorized party may obtain access to your information, documents and bank account. You assume the risk of unauthorized access and security breaches of the Application and Services, including the public release of your information and documents and/or identity theft and/or the release of your information to unauthorized parties or access to your bank account and you assume the risk of theft, identity theft and other injury, including persona injury or death.
13. The Application and Services may not always be available and/or accessible. Your access and/or use of this Application and its Services may cause damage to your devices.
YOU ACKNOWLEDGE THAT YOUR ACCESS TO AND USE OF THE APPLICATION AND THE SERVICES IS AT YOUR OWN RISK AND YOU ASSUME ALL RESPONSBILITY AND RISK IN ACCESSING THE APPLICATION AND THE SERVICES. YOU ACKNOWLEDGE AND UNDERSTAND THAT THE APPLICATION AND THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT Q FOUNDATION, AND ITS AFFILIATES, PARTNERS, AGENTS AND THEIR RESPECTIVE EMPLOYEES, OFFICERS AND DIRECTORS AND ITS THIRD PARTY SERVICE PROVIDERS (THE “Q FOUNDATION PARTIES”) HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ANY WARRANTY OF ACCURACY OR RELIABILITY OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL OR WRITTEN. THE Q FOUNDATION PARTIES MAKE NO REPRESENTATION, WARRANTY OR GUARANTEE, INCLUDING BUT NOT LIMITED TO ANY REPRESENTATION, WARRANTY OR GUARANTEE THAT THE APPLICATION AND SERVICES WILL BE UNINTERRUPTED, MEET ANY STANDARD, BE RELIABLE, NOT FAIL, BE ERROR-FREE, SECURE OR FREE AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR ANY INTERRUPTION OF SERVICE, ANY FAILURE, ANY ERRORS OR OMISSIONS, ANY VIRUSES, ANY HARM TO YOUR DEVICE OR YOUR DATA AS A RESULT OF YOUR ACCESS TO THE APPLICATION OR SERVICES AND ANY DELETION OR FAILURE TO STORE OR TO TRANSMIT ANY CONTENT, MATERIAL OR COMMUNICATION MAINTAINED BY THE APPLICATION OR SERVICES.
14. Content on the Application and through our Services is not intended to be legal, medical, tax or financial advice and is there for informational purposes only. We do not control or review the accuracy of third-party content that we may link to from time to time on this Application and Services. You rely on content from this Application and Services at your own risk.
YOU ASSUME ALL RESPONSBILITY AND RISK IN RELYING ON ANY CONTENT ON THIS APPLICATION AND THE SERVICES. THE Q FOUNDATION PARTIES HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ANY WARRANTY OF ACCURACY OR RELIABILITY OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL OR WRITTEN RESPECTING ANY CONTENT ON THIS APPLICATION WHICH IS SOLELY FOR EDUCATIONAL AND INFORMATIONAL PURPOSES.
15. We respect the proprietary rights of others and will act expeditiously to remove any infringing content or material on this Application or Services for which we have received proper notification through our designated copyright agent.
Please provide us written notice of any claimed copyright infringement that is posted on our Application and/or Services, including all of the following information (i) identification of the copyright work or works claimed to be infringed (ii) information as to the location on the Application or Services of any copyright infringing materials (iii) contact details so that we may contact you, with an email and phone number preferred (iv) a statement of good faith that the subject material is used in a manner that is not authorized by the copyright owner or in accordance with the law (v) a statement that the information in your notification is accurate and that, under penalty of perjury, you are authorized to act on behalf of the copyright owner or exclusive rights holder of the material allegedly infringed and (vi) a physical or electronic signature of the person who has authority to provide the notice on behalf of the owner or exclusive rights holder.
Please send the copyright notice to: info@GoRentRX.com
Or via mail to: Q Foundation, 584 Castro Street #716, San Francisco, CA 94114.
Please only send copyright infringement notices in accordance with this provision as no other correspondence will be accepted, reviewed, or responded to.
16.You will not try to hack the Application or Services or otherwise attempt to obtain unauthorized access to any other person’s information, documents or accounts or Q Foundation’s information or access, the Application’s backend or underlying code for any purpose.
You agree that you are not accessing and/or utilizing the Application and Services in a manner that is likely to compromise the security, integrity and operation of the Application and Services and disclose any personally identifying information and documents and Q Foundation’s confidential information to the public or to unauthorized users or otherwise obtain unauthorized access to the Application and Services or a user’s information, documents and accounts.
17. You will not submit your personally identifying information and/or documents through an insecure connection or an insecure device that may lead to the hacking of your and other peoples’ information.
You agree that you are not submitting and/or transmitting personally identifying information to the Application and/or Services through an insecure device (including a device that is not owned and/or controlled by you or that is not password protected) or through an insecure connection (one is not owned and/controlled by you and/or that is not password protected). If you do, you assume all risk of unauthorized access and hacking to your device and of your and other people’s information and public disclosure thereof, as a result of your use of an insecure device or insecure connection to access the Application and Services.
18.You are 18 years old or older.
You will not access the Application nor utilize any Services if you are under the age of 18. We do not knowingly receive, retain or use any information from anyone under the 18 and in order to apply for assistance through this Application you must be 18 or over.
19.You represent and warrant the following to us:
a. You are providing us information about yourself that is true and accurate to the best of your knowledge;
b. You are over the age of 18 (without limiting the representation and warranty under sub-section a);
c. You are a resident of the place you say you are resident of (without limiting the representation and warranty under sub-section a);
d. The documents you provide to us are accurate and are yours and/or a member of your household’s;
e. You will not submit and/or transmit personally identifying documents and/or documents from an insecure device or via an insecure internet connection;
f. You will not attempt to hack the Application and/or Services or provide malware or a virus or otherwise try to compromise the operation, functionality, performance, integrity and/or security of the Application and/or Services;
g.You assume the risk that, despite our security efforts, your personally identifiable, information, documents and your accounts may be disclosed to unauthorized parties and/or the general public, which may lead to theft, the theft of your identity, harassment, personal injury, other injury and/or death (including of a member of your household);
h. You acknowledge and agree that authorizing us to report your rent payments to credit agencies does not mean that they will be accurately reported or be beneficial to your credit;
i. You acknowledge and agree to that your anonymized information, including non-identifying demographic, health, housing, financial, location and information can be utilized, published and exploited in aggregate data sets by the Q Foundation for any purpose whatsoever;
j. You have read and understood each term of this Terms of Service and agree to each term and willingly and knowingly enter into this Agreement.
20. You will pay all and any our damages, penalties and costs, including our attorney fees, that we have to incur because of your actions in using this Application and Services for illegal purposes or to violate another party’s rights.
You agree to hold harmless, defend and indemnify the Q FOUNDATION Parties from any and all loss, liability, or claim, demand or costs, including but not limited to reasonable attorney fees (with Q Foundation choosing its own attorneys and controlling its own defense, except that Q Foundation shall not settle any claim that imposes a liability upon you without your prior consent), arising out of any third party investigation, charge or claim arising out of, or related to, or in connection with your access and/or participation on the Application and Services, including but not limited to your provision of false information and/or documents through the Application and your access of the Application and Services through an insecure device or internet connection and any other of your actions that violate the rights of a third party or any applicable law or breach of this Agreement including but not limited to a breach of your representations and warranties under this Agreement. This includes but is not limited to posting, submitting or transmitting any false, infringing, defamatory, misleading or deceptive content, any tortious or criminal activity or content you make available, any infringing content you transmit or make available any and all civil and criminal liability arising out of, related to or in connection with your access and/or use of the Application and Services or an Applicant’s personal information and documents, whether authorized or unauthorized, in breach of this Agreement.
21. You assume all risk and release all claims respecting your use of this Application, and the Services, to the fullest extent allowed by law.
YOU HEREBY RELEASE AND HOLD HARMLESS THE Q FOUNDATION PARTIES, FROM ANY AND ALL CLAIMS, DAMAGES (ACTUAL AND CONSEQUENTIAL), RESPONSIBILITY AND LIABILITY OF ANY KIND, KNOWN AND UNKNOWN, DISCLOSED AND UNDISCLOSED ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH YOUR ACCESS, USE OR PARTCIPATION IN THE APPLICATION OR THROUGH THE SERVICES, INCLUDING BUT NOT LIMITED TO DISCLOSURE OF YOUR INFORMATION AND DOCUMENTS, THEFT, INDENTITY THEFT, ASSAULT, PERSONAL INJURY AND/OR DEATH (INCLUDING BUT NOT LIMITED TO YOUR DEATH AND/OR INJURY AND/OR THE DEATH AND/OR INJURY OF A MEMBER OF YOUR HOUSEHOLD).
IF YOU ARE A CALIFORNIA RESIDENT YOU EXPRESSLY WAIVE THE PROVISIONS OF §1542 OF THE CALIFORNIA CIVIL CODE, WHICH STATES IN PART, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR”.
22.Any claims you cannot release for any damages you sustain, will be limited to a total of One Hundred Dollars ($USD 100.00). Nothing herein shall be intended to limit the operation and effect of the general release above in favor of the Q Foundation or any disclaimers of warranty by Q Foundation in the Terms of Service.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ONLY TO THE EXTENT A CLAIM CANNOT BE RELEASED UNDER APPLICABLE LAW, THE Q FOUNDATION PARTIES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY PERSONAL INJURY, DEATH, ASSAULT, AND/OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOSS OF PROFIT DAMAGES, ANY LOSS OF DATA, ANY INABILITY TO ACCESS OR UTILIZE THE APPLICATION OR SERVICES, ANY LOSS OF GOOD-WILL, OR INTANTGIBLE AND TANGIBLE LOSSES CLAIMED TO HAVE OCCURRED AS AN INDIRECT OR DIRECT RESULT OF ACCESS TO OR USE OF THE APPLICATION AND/OR THE SERVICES AND CONTENT THEREON, EVEN IF THE Q FOUNDATION PARTIES WERE ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO YOUR INABILITY TO USE THE APPLICATION OR SERVICES, UNAUTHORIZED ACCESS TO YOUR BANK ACCOUNT AND THEFT, FALSE OR INAUCCRATE REPORTING OF YOUR RENT PAYMENTS OR ANY INACCURACIES IN YOU CREDIT, ALTERATION OF OR TRANISMISSION OF YOUR CONTENT AND/OR MATERIAL, CONDUCT OR CONTENT MADE AVAILABLE ON THE APPLICATION OR THROUGH THE SERVICES BY A THIRD PARTY WHICH IS INACCURATE, MISLEADING, DECEPTIVE, ABUSIVE, THREATENING, DEFAMATORY, INFRINGING, VIOLATIVE OF YOUR PRIVACY OR PUBLICITY RIGHTS, OR THAT INTERFERES WITH YOUR CONTRACT RIGHTS OR BUSINESS OPPORTUNITY, AND ANY CONTENT OR MATERIAL THAT MAY CAUSE YOU EMOTIONAL DISTRESS.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE Q FOUNDATION PARTIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S.D. $100.00) OR THE AMOUNT YOU PAID Q FOUNDATION, IF ANY, IN THE SIX MONTHS BEFORE THE CLAIM AROSE FOR THE SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE AND ANY CLAIM FOR INFLICTION OF EMOTIONAL DISTRESS) OR OTHERWISE, AND WHETHER OR NOT THE Q FOUNDATION PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED IN ITS ESSENTIAL PURPOSE.SOME JURISDICTIONS DO NOT ALLOW THE OF THE EXCLUSION OF LIABILITY FOR INCIDENTIAL OR CONESEQUNTIAL DAMAGES OR FOR WRONGFUL DEATH, AND THEREFORE THIS SECTION MAY BE INAPPLICABLE TO YOU.
23. This Agreement applies to your use of these Services via your mobile phone.
This Agreement and all of its provisions herein, including all disclaimers and limitations of liability apply to your use of this Application on any device, including your phone. You acknowledge and understand that if you request text messages or otherwise mobile contact by us and you do not inform us of the fact that your phone was stolen and/or that your number changed, personal messages to you may be received by other people that may have possession of the number you registered with Q FOUNDATION, whether legally or illegally, and that the person in possession of your phone may thus obtain access to your personal identifying information and/or documents. You acknowledge and agree that regular carrier fees for any texts and data use will be applicable to your use of any mobile service provided by us and that you understand that you will be charged by your carrier in your use of our mobile service. Q FOUNDATION grants you a limited, non-assignable, revocable, non-exclusive, royalty-free license to access, download and use the Application and any Services on your mobile device, for your own personal and non-commercial use of the Application and Services and for no other purpose. ANY MOBILE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND THE Q FOUNDATION PARTIES HEREBY DISCLAIM ANY AND ALL IMPLIED OR EXPRESS WARRANTIES, INCLUDING BUT NOT LIMITED TO TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Q FOUNDATION SHALL NOT BE LIABLE FOR ANY INDIRECT OR DIRECT, ACTUAL OR CONSEQUENTIAL DAMAGES THAT MAY ARISE FROM YOUR USE OF MOBILE SERVICES, INCLUDING ANY DAMAGE TO YOUR MOBILE DEVICE OR LOSS OF YOUR DATA OR THE RECEIPT BY ANOTHER PARTY OF ANY OF YOUR PERSONAL INFORMATION, DOCUMENTS OR CONFIDENTIAL MESSAGES.
24. If some parts of this agreement are not enforceable, they will be modified or severed from the Terms of Service and not affect the operation of the other terms which shall continue in full operation and effect.
If any provision of the Terms of Service is found by a court of competent jurisdiction to be unenforceable or invalid, it shall be modified to the extent permissible under the governing law in order to render it enforceable, if by such modification, it will effectuate the intention of the parties. However, if a court of competent jurisdiction finds the provision cannot be modified as such and is void, illegal, invalid or unenforceable in its entirety, such unenforceability or invalidity shall not affect the other provisions of this Agreement and this Agreement shall be construed as if such unenforceable or invalid provision had never been contained herein.
25. If we don’t enforce all parts of this Agreement at all times, that doesn’t mean we won’t enforce such terms or any other terms at other times.
The failure of Q FOUNDATION to exercise or enforce any right it may have under this Agreement, or any provision of this Agreement shall not operate as a waiver of such right or provision by Q FOUNDATION.
26.This Agreement is subject to California law and any litigation will take place in San Francisco, California.
The interpretation of this Agreement and the rights of the parties hereunder shall be exclusively governed by the substantive laws of the State of California, excluding its conflict of laws rules. The state and federal courts of California shall have exclusive jurisdiction over any controversy or claim arising from this Terms of Service and you agree to submit to the exclusive personal jurisdiction and venue of California courts and the exclusive venue of San Francisco, California.
27. This is the entire agreement between us.
This Agreement constitutes the entire agreement between you and Q FOUNDATION as to the subject matter contained in these Terms of Service and all prior understandings and agreements are merged herein and succeeded hereby.
BY ACCESSING AND USING THE APPLICATION AND SERVICES, YOU ACKNOWLEDGE YOU HAVE READ, UNDERSTOOD AND AGREED TO THE ABOVE.