Terms of Service

• 1.1 “Host” means a User who lists housing on the Platform. A Host is either a Sublessor Host or a Landlord Host (each defined below).
• 1.2 “Sublessor Host” means a Host who is a Verified Student subleasing housing for which they hold a primary lease and have obtained any required landlord consent.
• 1.3 “Landlord Host” means a Host who lists housing they own, or for which they have authorized property-management responsibility, and who is not a Sublessor Host.
• 1.4 “Renter” means a User who seeks, books, or rents housing through the Platform (typically a subtenant or student tenant).
• 1.5 “Listing” means any housing advertisement or listing content posted to the Platform.
• 1.6 “Offer” means a proposed set of terms presented through the Platform for a Student Stay (including rent amount, dates, and any upfront payment selections).
• 1.7 “Booking” means an Offer accepted through the Platform by the Renter, including by completing the Initial Platform Payment.
• 1.8 “Student Stay” means a rental arrangement for a minimum duration of thirty-two (32) days.
• 1.9 “Initial Platform Payment” means the rent payment(s) a Renter pays through the Platform at the time of Booking, which are processed by a third-party payment processor (see Section 7.1) and paid out to the Host: (a) the first month’s rent (required), and (b) the last month’s rent only if the parties elect to include it at Booking (optional).
• 1.10 “Off-Platform Payments” means any rent, fees, utilities, deposits, or other payments made directly between Host and Renter outside the Platform (including, without limitation, payments made via Venmo, Zelle, Cash App, cash, check, wire, or any other method).
• 1.11 “Platform Fees” means the fees Student Spots charges for use of the Platform, as described in Section 7.
• 1.12 “User” means the respective Host (Sublessor Host or Landlord Host) or Renter, as the case may be.

2.1 Technology Provider Only; Not a Broker or Property Manager.

Student Spots operates a housing marketplace serving college and university students. We provide technology that helps Renters find Student Stays, helps Sublessor Hosts list subleases of housing they hold under a primary lease, helps Landlord Hosts list rental housing offered to students, and helps the parties communicate and complete the Initial Platform Payment through third-party payment processing.

2.2 No Party to Host–Renter Agreements.

Any agreement for housing is solely between Host and Renter (the “Host–Renter Agreement”). Student Spots is not a party to any Host–Renter Agreement and does not assume any responsibility for performance of any such agreement.

2.3 No Security Deposits; No Utilities.

Student Spots does not collect, hold, store, or distribute security deposits. Student Spots does not collect or process utilities. If a Host and Renter agree to any deposit or utilities arrangement, those arrangements constitute Off-Platform Payments and are solely between them.

3.1 Age Requirement.

You must be at least eighteen (18) years old to use the Platform, and by using the Platform, you represent and warrant that you are at least eighteen (18) years of age.

3.2 Eligibility by Role; Verification.

Renters and Sublessor Hosts must be currently enrolled college or university students. We verify student status primarily via an eligible “.edu” email address (and any other verification steps we may require from time to time).

Landlord Hosts need not be students. We verify Landlord Hosts through our then-current process for property owners and managers, which may include identity verification, business or entity documentation, and proof of ownership or property-management authority.

You agree to provide truthful, accurate information during verification and account registration.

3.3 Meaning of “Verified Student” and “Verified Landlord.”

“Verified Student” means only that we verified the User’s student status using our then-current process, and applies to Renters and Sublessor Hosts.

“Verified Landlord” means only that we performed our then-current verification process for property owners and managers, and applies to Landlord Hosts.

Neither status means we performed identity verification beyond our then-current process, conducted background checks, credit checks, or criminal checks, inspected any property, or verified legal authority to lease or sublease.

3.4 Account Security.

You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You agree to notify us immediately at contact@studentspots.com if you suspect unauthorized use.

3.5 One Account; No Impersonation.

You may not create multiple accounts without our permission, impersonate any person, or misrepresent your identity or student status.

4.1 Ownership, Use of Content and Security.

As used in these Terms, “User Content” means all information entered, processed or stored on the Platform by or on behalf of a Host or Renter. Student Spots recognizes and agrees that User Content may contain information that identifies, relates to, describes, or is reasonably capable of being associated with, could reasonably be used to infer information about, or could reasonably be linked, directly or indirectly, with an individual person or household. Absent your written consent, we shall not access or use your User Content for any purpose other than to provide the Platform, and shall not give any third party access to your User Content, except as may be necessary or appropriate to our subcontractors under written agreements of confidentiality for operational purposes. Notwithstanding the above provisions, we may disclose your User Content as required by applicable law or proper legal or governmental authority, provided that we shall give you prompt notice of any such legal or governmental requirement and shall reasonably cooperate at your expense in any effort by you to contest such requirement or demand. For purposes of these Terms, “Deidentified Data” refers to User Content with individual names and other identifying information removed. Notwithstanding the above provisions, Student Spots may use, distribute, modify, and otherwise exploit Deidentified Data in any way, including by aggregating it with Student Spots’ other User content and by selling such aggregate data. Student Spots shall exercise commercially reasonable efforts to prevent unauthorized exposure or disclosure of User Content.

4.2 Privacy Policy.

Our collection, use, and sharing of personal information is further described in our Privacy Policy. You acknowledge our Privacy Policy, which is available at https://studentspots.com/privacy, and recognize and agree that our Privacy Policy is not part of the Terms and that nothing in these Terms restricts our right to alter such Privacy Policy from time-to-time as we deem appropriate.

4.3 Messaging and Video Calls.

The Platform provides in-app messaging and in-app video calls between users who are in a conversation about a Listing. Video calls are live. Student Spots does not record or store the audio or video of a call. Calls are carried by a third-party video provider, as described in our Privacy Policy. You may not record a call, or capture its audio or video, without the consent of everyone on it. We cannot stop another person on a call from recording it with their own tools, so share only what you are comfortable sharing. You are responsible for what you say and show on a call. These Terms, including the rules on harassment, discrimination and fraud, apply to video calls as they apply to messages.

4.4 Communications Monitoring; Safety and Enforcement.

To the maximum extent permitted by law and consistent with our Privacy Policy, we may store, process, and review communications and content to (a) provide customer support, (b) protect users, (c) detect fraud or abuse, and (d) enforce these Terms. We do not promise to monitor all content. We do not monitor the audio or video of calls. We keep records of calls, such as who took part, when a call was set up, when it started and ended, how long it lasted and how it ended. We also keep any report about a call, for the same purposes.

4.5 Electronic Notices.

You consent to receive communications from us electronically (including via email and in-app notifications). You agree that electronic notices satisfy any legal requirement that such communications be in writing.

5.1 Truthful and Complete Listings.

Hosts hereby represent and warrant that any Listing posted to the Platform is accurate, truthful, and not misleading, including as to rent amount, dates, location, occupancy, roommate situation, furnishings, amenities, rules, and other material conditions.

5.2 Lease-Backed Listings: Authority and Consent.

Student Spots may require Hosts to upload or provide documentation (including, without limitation, a master lease) to support a Listing. Hosts hereby represent and warrant that they (a) have the right and authority to offer the housing described in the Listing, and (b) have obtained all required third-party consents and have provided all required third-party notices (including, without limitation, respecting landlords, co-owners, roommates, and building or coop boards) necessary for any sublease or rental arrangement described in or contemplated by the Listing.

5.3 Compliance With Law; Fair Housing.

You agree to comply with all applicable laws, including fair housing and anti-discrimination laws. You may not create, post, or communicate preferences that discriminate based on protected characteristics.

5.4 No Background Checks.

Student Spots does not conduct background checks or credit checks. Users are solely responsible for their own diligence and compliance with applicable laws if they choose to conduct screening.

6.1 Truthful Information.

Renters hereby represent and warrant that all information provided to Hosts in connection with these Terms, including, without limitation, intended occupancy dates, credit history, and any other information required to complete a lawful Host–Renter Agreement, is accurate, truthful, and not misleading.

6.2 Respect for Property and Rules.

Renters agree to comply with the Host–Renter Agreement and to abide by any lawful, applicable, building or property rules.

7.1 Payment Processing by Third Parties (Stripe).

The Initial Platform Payment and certain Platform Fees are processed through third-party payment processors (currently expected to include Stripe) (the “Payment Processor(s)”).

Your use of the Payment Processor(s) is subject to their terms and policies. Student Spots is not responsible for acts or omissions of Payment Processor(s). Student Spots is not a bank, money transmitter, escrow agent, or insurer.

7.2 What Is Paid Through the Platform.

At Booking, the Renter pays through the Platform:

• (a) the first month’s rent (required), and
• (b) the last month’s rent if selected as part of the Offer/Booking (optional), together with applicable Platform Fees and processing fees as displayed at checkout.

The Initial Platform Payment is processed by the Payment Processor(s) into the Host’s payout account with the Payment Processor(s), less any Platform Fees and payment-processing costs described in Section 7.5, and is paid out from there to the Host’s bank account as described in Section 7.8. Student Spots does not collect or hold rent.

No rent after the Initial Platform Payment is paid through the Platform. Any remaining rent payments are Off-Platform Payments solely between Host and Renter.

7.3 Off-Platform Payments Are Solely Between Host and Renter.

You acknowledge and agree that:

• (a) Off-Platform Payments are made at your own risk and are not processed, held, guaranteed, tracked, or enforced by Student Spots;
• (b) Student Spots has no responsibility or liability for Off-Platform Payments, including nonpayment, late payment, partial payment, fraud, reversals, disputes, or losses;
• (c) any dispute relating to Off-Platform Payments is strictly between Host and Renter.

7.4 “Suggested Payment Methods” Are Not Endorsed or Required.

If the Platform displays “suggested” Off-Platform payment methods (e.g., Venmo, Cash App, Zelle, cash), those are provided solely as a convenience and do not constitute a requirement, endorsement, representation, or warranty by Student Spots. Student Spots is not affiliated with such services and is not responsible for them.

7.5 Platform Fees.

Student Spots charges the following fees (collectively, “Platform Fees”), as displayed at the time they are incurred:

• (a) Listing Fee (Sublessor Host): A one-time fee of $50.00 per Opening to publish a Listing. An “Opening” is each open (vacant) room offered in the Listing; a Listing that offers no individual open rooms (for example, an entire unit) counts as one (1) Opening. For example, a Listing with one (1) Opening is charged $50.00, and a Listing with three (3) Openings is charged $150.00. The number of Openings is determined by the Platform at the time the Listing Fee is charged.
• (b) Agreement Fee (Sublessor Host): When Student Spots displays an Agreement Fee for a Listing, that fee (currently $250.00) is charged to the Sublessor Host when a Host–Renter Agreement executed through the Platform is activated by the Renter’s Initial Platform Payment. It is collected by deduction from the Sublessor Host’s payout of that payment and does not change the amount the Renter pays. If that payment is too small to carry the full Agreement Fee together with payment-processing costs, the Agreement Fee is reduced to the amount that can be collected from it. The Agreement Fee is refundable if the Host–Renter Agreement is cancelled, expires, or ends within 7 days after the Initial Platform Payment is processed; see Section 7.9. Where no Agreement Fee is displayed, none is charged. Separately, standard payment-processing costs (currently 2.9% + $0.30 per transaction) are passed through at cost and deducted from the Sublessor Host’s payout.
• (c) Listing Fee (Landlord Host): None. Landlord Hosts are not charged a fee to publish a Listing, and no Listing Fee is due when an Offer on a Landlord Host’s Listing is accepted.
• (d) Lease Commission (Landlord Host): 5% of Total Rental Revenue (defined below), charged to the Landlord Host for each Host–Renter Agreement executed through the Platform. The Lease Commission is collected when the Initial Platform Payment is processed, by deduction from the Landlord Host’s payout of that payment, and does not change the amount the Renter pays. For example, a twelve (12) month lease at $2,000.00 per month has Total Rental Revenue of $24,000.00 and a Lease Commission of $1,200.00.
• (e) Processing Fee: Payment processing fee(s) charged by the Payment Processor(s), displayed at checkout.
• (f) Renter Use of the Platform: Renters may browse, message Hosts, and submit Offers free of charge. If a Renter elects to obtain an optional background check, credit screening, or other third-party verification through a service made available via the Platform, third-party fees may apply and will be displayed before the Renter authorizes the check.

7.6 Total Rental Revenue.

“Total Rental Revenue” means the total base rent amount agreed between Host and Renter for the entire Student Stay term reflected in the Offer/Booking and/or Host–Renter Agreement, calculated as the monthly base rent multiplied by the number of months in the term (rounded to the nearest whole month, and at least one), excluding utilities unless the Platform explicitly includes utilities in the amount presented at checkout.

The Lease Commission is earned by Student Spots when the Host–Renter Agreement is mutually executed through the Platform, irrespective of whether Total Rental Revenue is subsequently collected in whole or in part, and is collected as described in Section 7.5(d). Listing Fees are due at the time the Listing is published.

7.7 Collection of Fees; Authorization.

You authorize Student Spots to charge Platform Fees, and the Payment Processor(s) to process the Initial Platform Payment on Student Spots’ instruction, in the amounts presented at checkout. Listing Fees are charged at the time a Listing is published. The Lease Commission is collected when the Initial Platform Payment is processed, by deduction from the Landlord Host’s payout from that payment; if that payout is insufficient or the Initial Platform Payment is not processed through the Platform, Student Spots may collect any remaining Lease Commission by separate charge to the Host’s payment method on file. Pass-through payment-processing costs under Section 7.5(b) are collected by deduction from the Sublessor Host’s payout.

7.8 Payouts to Hosts.

The Initial Platform Payment is credited to the Host’s payout account with the Payment Processor(s) when it is processed. Student Spots may instruct the Payment Processor(s) to send it on to the Host’s bank account no earlier than 24 hours after the end of the move-in date stated in the Host–Renter Agreement (Eastern Time), or sooner if the Renter confirms the move-in through the Platform. Student Spots may pause that payout while a Renter’s report of a problem with the move-in, a refund, a payment dispute, or the Host–Renter Agreement ending early or being cancelled before the payout is under review, and will release it once the matter is resolved in the Host’s favor. This Section 7.8 and the recovery from the Host described in Section 7.10 apply to Host–Renter Agreements created on or after the date Student Spots sets for them, which is at least 30 days after Student Spots gives notice of this change to existing users; earlier agreements are paid out as soon as practicable after the Initial Platform Payment is processed. Actual timing depends on the Payment Processor(s), banking rails, risk reviews, and compliance requirements, and may take multiple business days. Student Spots is not responsible for payout delays caused by Payment Processor(s).

7.9 Refunds; Cancellations; Payment Disputes.

Refunds and cancellations are primarily governed by the Host–Renter Agreement and applicable law. Student Spots is not a party to that agreement and does not guarantee that a refund will be provided.

If a refund of an Initial Platform Payment is required by law or authorized by the Host, Student Spots may facilitate the refund through the Payment Processor(s) if feasible. The Renter is refunded the full amount the Renter paid, and that amount is recovered from the Host’s payout account with the Payment Processor(s), including, where the payout has already been sent, as a balance the Host owes. Payment-processing costs on the original payment are not returned by the Payment Processor(s) and remain the Host’s cost. Any Agreement Fee or Lease Commission deducted from that payment also remains the Host’s cost, except an Agreement Fee refunded as stated below; other Platform Fees are non-refundable except as stated below, to the maximum extent permitted by law. If the Host’s payout account balance becomes negative because of a refund, the Payment Processor(s) may collect the amount owed by debiting the Host’s bank account on file, or from later payouts.

The Agreement Fee described in Section 7.5(b) is an exception: it is refundable to the Sublessor Host if the Host–Renter Agreement is cancelled, expires, or ends within 7 days after the Initial Platform Payment is processed. Refunds of the Agreement Fee are not automatic — request one at contact@studentspots.com and Student Spots will issue it through the Payment Processor. The Listing Fee and the Lease Commission are not refundable on this basis.

7.10 Chargebacks and Payment Disputes.

If you believe a charge processed through the Platform is incorrect, you agree to contact Student Spots first at contact@studentspots.com and provide reasonable information to investigate. To the maximum extent permitted by law, Student Spots may suspend accounts associated with chargebacks, suspected fraud, or abusive dispute activity.

If a Renter disputes an Initial Platform Payment with their card issuer, Student Spots may recover the disputed amount from the Host’s payout account with the Payment Processor(s) while the dispute is open or after it is resolved in the Renter’s favor, and may pause any payout not yet sent. If the dispute is resolved in the Host’s favor, Student Spots will return the recovered amount, less any dispute fees charged by the Payment Processor(s); if it is resolved in the Renter’s favor, the recovered amount is not returned. If the payout was already sent, the recovered amount may leave the Host’s payout account balance negative, and the Payment Processor(s) may collect it by debiting the Host’s bank account on file, or from later payouts. Hosts agree to provide information Student Spots reasonably requests to respond to a dispute.

8.1 No Obligation to Enforce; Reservation of Rights.

Student Spots may, but is not obligated to, investigate or take action regarding attempts to avoid Platform Fees by moving the Booking itself off-Platform after users connect through the Platform. We reserve the right to suspend accounts or restrict access for abuse, fraud, or fee avoidance.

Nothing in this Section limits permitted Off-Platform Payments described in Section 7.3 for rent payments after the Initial Platform Payment.

You agree not to:

• (a) post false, misleading, or fraudulent Listings or content;
• (b) engage in harassment, threats, discrimination, or unlawful conduct;
• (c) violate applicable housing, landlord-tenant, or fair housing laws;
• (d) scrape, crawl, or use automated tools to access or extract data without our written permission;
• (e) attempt to access non-public areas of the Platform or interfere with Platform operations;
• (f) introduce malware, phishing, or payment fraud;
• (g) misuse the Platform to facilitate unlawful stays or arrangements.

10.1 Our Intellectual Property.

The Platform and all non-user content are owned by Student Spots or its licensors and protected by law. We grant you a limited, revocable, non-exclusive, non-transferable license to use the Platform for its intended purpose, subject to these Terms. Without limiting the generality of the above, these Terms do not grant you any right to reproduce, modify, distribute, or publicly display or perform the software included in the Platform, or any other right to the Platform not specifically set forth herein.

10.2 Your Content; License to Student Spots.

As between Student Spots and you, you retain ownership of all User Content you submit to the Platform. Without limiting the provisions of Section 4.1, you hereby grant Student Spots a worldwide, permanent, non-exclusive, royalty-free, sublicensable, transferable license to host, store, reproduce, modify for formatting, display, and distribute User Content as necessary to operate, improve, and market the Platform.

You represent that you have all rights necessary to grant this license and that your User Content does not violate law or third-party rights.

10.3 Takedown Requests.

If you believe content on the Platform infringes your rights, contact us at contact@studentspots.com with sufficient information to investigate.

11.1 These Terms will continue in effect until terminated by either party as specifically provided below.

(a) Termination by You.

You may terminate these Terms for any reason or no reason by providing us with not less than seven (7) days written notice.

(b) Suspension/Termination by Student Spots.

We may terminate these Terms for any reason or no reason by providing you with not less than seven (7) days written notice. In addition, we may, with immediate effect by written notice to you, suspend or terminate your access, remove Listings, or restrict features at any time if we believe you violated these Terms, engaged in fraud, created risk to users or the Platform, or for any other lawful reason.

11.2 Erasure.

Unless User requests in writing that Student Spots return User Content, we reserve the right to permanently erase User Content thirty (30) days after termination of these Terms.

12.1 Platform Provided “As Is.”

12.2 No Responsibility for Properties, Listings, or User Conduct.

12.3 No Consumer Reports.

You may not use the Platform to make eligibility determinations in a manner that would cause Student Spots to be a consumer reporting agency or to provide consumer reports under the Fair Credit Reporting Act or similar laws.

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

Some jurisdictions do not allow certain limitations, so portions of this Section may not apply to you.

You agree to indemnify, defend, and hold harmless Student Spots and its officers, members, managers, employees, contractors, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to:

• (a) your use of the Platform;
• (b) your Listings or User Content;
• (c) your Host–Renter Agreement(s) and disputes with other users;
• (d) your Off-Platform Payments; or
• (e) your violation of these Terms, any law, or any third-party rights.

15.1 Except as explicitly provided below, any dispute, claim, or controversy arising out of or relating to these Terms, or the breach, termination, enforcement, interpretation, or validity thereof (each, a “Dispute”), shall be finally resolved by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules then in effect. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The parties further agree that:

(a) Seat / Venue

The arbitration shall be conducted in Suffolk County, Massachusetts, unless the parties agree otherwise.

(b) Number of Arbitrators

The arbitration shall be conducted before one (1) arbitrator.

(c) Governing Law

The arbitration shall be governed by the laws of the Commonwealth of Massachusetts, without regard to its conflict-of-laws principles.

(d) Allocation of Fees

The arbitrator shall have authority to award costs and reasonable attorneys’ fees to the prevailing party, consistent with applicable law.

(e) Confidentiality

The arbitration proceedings, submissions, and award shall be confidential, except as necessary to enforce the award or as required by law.

(f) Injunctive Relief Carve-Out

Notwithstanding the foregoing, either party may seek temporary or preliminary injunctive relief from a court of competent jurisdiction to prevent irreparable harm, without waiving arbitration.

15.2 Informal Resolution First.

Before initiating arbitration or a lawsuit, you agree to contact us at contact@studentspots.com and attempt to resolve the dispute informally for at least thirty (30) days.

15.3 Class Action Waiver.

15.4 Arbitration Opt-Out.

You may opt out of arbitration by sending an email to contact@studentspots.com within thirty (30) days of first accepting these Terms with your name, account email, and a clear statement that you opt out of arbitration.

15.5 Exceptions.

Either party may bring:

• (a) an individual claim in small claims court (if eligible), or
• (b) a claim for injunctive or equitable relief relating to misuse of intellectual property, fraud, or unauthorized access to the Platform, in a court of competent jurisdiction.

These Terms are governed solely by the internal laws of the Commonwealth of Massachusetts, without regard to any conflicts of law principle that would apply the substantive laws of another jurisdiction to the parties’ rights or duties; provided, however, that the Federal Arbitration Act governs Section 15. Except as provided in Section 15, the parties consent to the personal and exclusive jurisdiction of the state and federal courts of Boston, Massachusetts for all cases and controversies arising out of or related to these Terms.

We may amend these Terms from time to time by posting an amended version of the Terms on the Platform and sending you written notice thereof. Such amendment will become effective thirty (30) days after such notice unless you terminate these Terms pursuant to Section 11.1. These Terms may not be amended in any other way except through a written agreement signed by authorized representatives of the parties.

18.1 Severability.

To the extent permitted by applicable law, the parties hereby waive any provision of law that would render any clause of these Terms invalid or otherwise unenforceable in any respect. If any provision of these Terms is held to be invalid or otherwise unenforceable, such provision will be interpreted to achieve its original effect to the maximum extent permitted by applicable law and the remaining provisions of these Terms will continue in full force and effect.

18.2 Assignment.

You may not assign these Terms without our prior written consent. We may assign these Terms with your prior written consent or in connection with a merger, acquisition, reorganization, or sale of our assets.

18.3 Entire Agreement.

These Terms form the entire agreement between you and Student Spots regarding the Platform, and supersede all prior or contemporaneous writings, negotiations, and discussions with respect to its subject matter. Neither party has relied upon any such prior or contemporaneous communications.

Notices pursuant to these Terms shall be sent to the addresses below or to such other addresses as either party may provide in writing. Such notices will be deemed received at such physical or email addresses upon receipt.

For us:

Student Spots, LLC
6 Liberty Sq #2011
Boston, MA 02109
Email: contact@studentspots.com

For you:

The email address and any physical address you provide in your account.

The parties are independent contractors and will so represent themselves in all regards. Neither party is the agent of the other, and neither may make commitments on the other’s behalf.

Neither party will be deemed to have waived any of its rights under these Terms by lapse of time or by any statement other than by an authorized representative in an explicit waiver.