Padspin Terms of Service
1. Introduction
These Terms of Service ("Terms") govern your use of Padspin’s platform and services ("Services"). By accessing or using Padspin, you agree to be bound by these Terms. If you do not agree, you may not use the Services.
Padspin is a technology platform that connects landlords and renters while providing tools designed to simplify and optimize the rental process. With features like the Post Pad listing tool, Rental Pricing AI, Padspin AI Rental Assistant, AI Matching System, Book a Tour, and a streamlined online application, Padspin makes listing, pricing, touring, and applying for rentals faster and easier.
Padspin eliminates the need for traditional real estate brokers by providing an end-to-end online experience that allows users to manage the rental process from their phone.
2. Padspin’s Role
2.1 In New York State
Padspin operates as a licensed real estate brokerage and complies with all applicable state laws. Padspin charges a flat service fee instead of a commission-based model.
2.2 Outside New York State
Padspin operates as a Software as a Service (SaaS) platform, not a real estate brokerage. Padspin does not act as an agent or broker outside of New York. The platform enables landlords and renters to interact directly.
2.3 Marketplace Model
Similar to Airbnb or Uber, Padspin provides the technology infrastructure to connect parties. Landlords retain control over listings, pricing, and lease terms. Padspin is not liable for lease terms or tenant behavior.
3. Modification of Terms
Padspin reserves the right to update these Terms. Changes will be posted on this page with an updated effective date. For material changes, we may also notify you via email or platform notification. Continued use of the Services constitutes acceptance.
4. User Accounts
You may be required to register an account. You are responsible for maintaining confidentiality and all activities under your login credentials. Notify Padspin immediately if you suspect unauthorized access.
5. Landlord Agreement Submission Requirement
Before publishing a listing, landlords must submit a signed Padspin Listing Agreement, which becomes part of these Terms.
6. Fees and Payment
Users agree to pay all applicable service fees. Where applicable renter Hold Deposits are applied to first month’s rent if approved and refunded if denied. Any attempt to bypass Padspin’s fees will result in a financial penalty equal to 15% of the annual lease value. Padspin reserves the right to change its pricing or fee structure with reasonable notice to users.
7. Data Collection and Privacy
Padspin collects and uses personal data in accordance with applicable laws. See our Privacy Policy for full details.
8. Mobile Services
Use of Padspin on a mobile device may incur carrier charges. By using mobile features, you consent to receive texts and other messages from Padspin.
9. User Conduct
You agree not to:
- Upload unlawful, infringing, or harmful content.
- Disrupt or interfere with the platform.
- Misrepresent your identity or affiliation.
- Harvest data from the platform.
- Circumvent service fees.
- Engage in discriminatory or illegal behavior.
Padspin reserves the right to remove content, suspend accounts, and take legal action for violations.
10. Cooperation Requirement
Users agree to reasonably cooperate with Padspin and other parties involved in the leasing process. This includes timely communication, document submission, and availability for showings. Failure to cooperate may result in suspension of services, cancellation of listings, or legal action if it results in damages.
11. Background Checks and Scams
Padspin may run background checks and take action against fraudulent activity. Accounts involved in scams or false listings may be banned and reported to authorities.
12. Listing Integrity
Landlords must ensure listings are accurate. Padspin is not liable for misrepresentations. False listings may be removed and the associated accounts suspended.
13. Fair Housing & Anti-Discrimination Compliance
All users must comply with federal, state, and local Fair Housing and anti-discrimination laws. Discrimination based on race, color, religion, sex, national origin, familial status, disability, sexual orientation, gender identity, or any other protected class is strictly prohibited. Violators may be banned from the platform and reported to the appropriate enforcement agencies.
14. Lease Cancellation
Padspin may charge cancellation fees if a lease is canceled after terms are agreed. Refunds depend on the lease stage.
15. Intellectual Property
Padspin retains all rights to its software, trademarks, and content. Users may not copy, modify, or distribute platform elements without authorization.
16. User Content
You grant Padspin a license to use any content you upload for platform purposes. You retain ownership but authorize Padspin to store, modify, and display it.
17. Circumvention Policy
Any attempt by a landlord or renter to circumvent Padspin’s process, including but not limited to direct negotiation, unauthorized lease agreements, or side payments outside of Padspin’s platform—is strictly prohibited. Circumvention undermines the integrity of our service and causes direct harm. Violators will be subject to legal liability, including damages and possible account termination. Landlords and renters agree that all leasing activity, communication, and payments must be conducted through Padspin’s platform or with Padspin’s direct involvement.
18. Falsifying Information – Landlords
Landlords agree to provide accurate and truthful information regarding their rental property, pricing, availability, and tenant requirements. Providing false, misleading, or incomplete information, or taking actions that obstruct Padspin’s ability to rent the unit (such as refusing to honor showings or approvals) constitutes a breach of this agreement. Padspin reserves the right to seek damages for any losses resulting from such misconduct, and in egregious cases, such conduct may be reported to legal authorities.
19. Falsifying Information – Renters
Renters agree to provide accurate and truthful financial and personal information when applying for a unit. Submission of false documents, income misrepresentation, identity fraud, or any intentional deception during the application process constitutes a material breach of these Terms. Padspin may take legal action, including reporting the conduct to relevant authorities as a potential criminal offense. Renters who violate this policy may be held financially liable and permanently banned from the platform.
20. Chargebacks and Payment Reversals
Any attempt to reverse a payment or initiate a chargeback for services properly rendered is strictly prohibited. Users agree to be held liable for the full service fee plus any legal or administrative costs associated with recovering such amounts.
21. Liquidated Damages
Users acknowledge that breach of key provisions, such as circumvention, falsification of information, or non-cooperation—may cause irreparable harm to Padspin. In such cases, Padspin may seek liquidated damages of up to $5,000 per occurrence, in addition to any actual damages incurred.
22. Platform Access Revocation
Padspin may permanently ban users, devices, and associated contact information from its platform for serious violations of these Terms. This includes but is not limited to fraud, harassment, or repeated bad-faith conduct.
23. Third-Party Communications
Padspin is not responsible for the content or outcome of communications exchanged between users via the platform. Users agree not to harass, threaten, or pressure other parties and acknowledge that all interactions must comply with applicable laws.
24. Personal Guarantor Liability
If any individual submits an application or enters into an agreement on behalf of another person or entity, they shall be personally liable for any breach unless Padspin receives written confirmation of authorization from the named party.
25. False Reviews and Public Smearing
Users agree not to publish or promote misleading, retaliatory, or defamatory content about Padspin on third-party platforms or social media. Padspin reserves the right to pursue legal remedies for reputational harm caused by false reviews or coordinated smear campaigns.
26. Proof of Cooperation
Users are required to maintain reasonable records of cooperation with Padspin, including timely responses to emails, calls, or showing requests. Failure to respond within 48 hours to time-sensitive matters may be deemed non-cooperation and subject to penalties or removal from the platform.
27. Collections and Reporting
Padspin reserves the right to refer unpaid balances, contractual breaches, or damages to third-party collections agencies. In certain cases, Padspin may report serious misconduct to credit bureaus or appropriate legal authorities.
28. Legal Fee Recovery
In the event Padspin prevails in any legal action brought against a user for violations of these Terms, the user agrees to reimburse Padspin for all legal fees, court costs, and collection expenses incurred.
29. Arbitration and Dispute Resolution
You agree to binding arbitration for any disputes with Padspin, waiving jury trials and class actions. Claims under $10,000 may be resolved via written submissions, phone, or virtual hearings. This clause is governed by the Federal Arbitration Act. Nothing in this section shall preclude Padspin from seeking injunctive relief or pursuing immediate legal action in a court of competent jurisdiction for any actual or alleged violation of its intellectual property rights, Non-Disparagement Clause, Circumvention Policy, or any matters involving fraud, misrepresentation, or irreparable harm.
30. DMCA and Copyright
If you believe content infringes your copyright, notify us at support@padspin.com. We respond in accordance with the DMCA.
31. Liability Limitations
Padspin’s liability is limited to the amount paid for services. We are not responsible for indirect or consequential damages.
32. Indemnification
You agree to indemnify Padspin from any claims or losses arising from your use of the platform or violation of these Terms.
33. Governing Law
These Terms are governed by New York law and the jurisdiction of the property location.
34. Non-Disparagement Clause
Users agree not to publish, post, or communicate any false, misleading, or defamatory statements about Padspin, its services, employees, or affiliates. Breach of this clause may result in legal action, financial penalties, and pursuit of damages. This provision survives the termination of this agreement.
35. Termination
Padspin may suspend or terminate access at its discretion. Misuse, fraud, or inactivity may lead to account termination.
36. Entire Agreement
These Terms constitute the full agreement between you and Padspin and supersede any prior terms.
37. Contact
support@padspin.com