Please read these Terms of Service carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the Letulet Platform, you agree to comply with and be bound by these Terms of Service.
Please note: Section 8 of these Terms of Service contains an arbitration clause and class action waiver that applies to all Letulet Platform users. This provision applies to all disputes with Letulet. By accepting these Terms of Service, you agree to be bound by this arbitration clause and class action waiver. Please read it carefully.
These Terms of Service ("Terms") constitute a legally binding agreement ("Agreement") between you and Letulet (as defined below) governing your access to and use of the Letulet website, including any subdomains thereof, and any other websites through which Letulet makes the Letulet Services available (collectively, "Site"), our mobile, tablet and other smart device applications, and application program interfaces (collectively, "Application") and all associated services (collectively, "Letulet Services"). The Site, Application and Letulet Services together are hereinafter collectively referred to as the “Letulet Platform”.
When these Terms mention “Letulet” “we,” “us,” or “our,” it refers to the Letulet company you are contracting with.
You are contracting with Letulet, LLC, a Delaware Limited Liability Company, with offices at 2443 Fillmore Street, Suite 546, San Francisco, CA 94115
1. Scope of Letulet Services
1.1 The Letulet Platform is an online platform that allows you to share booking information and revenue generated by you hosting short term rentals using a short-term rental site (“STRS”) such as AirBnb.
1.2 Due to the nature of the Internet, Letulet cannot guarantee the continuous and uninterrupted availability and accessibility of the Letulet Platform. Letulet may restrict the availability of the Letulet Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Letulet Platform. Letulet may improve, enhance and modify the Letulet Platform and introduce new Letulet Services from time to time.
2. Eligibility, Using the Letulet Platform
2.1 You must be at least 18 years old and able to enter into legally binding contracts to access and use the Letulet Platform. By accessing or using the Letulet Platform you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract.
2.2 The access to or use of certain areas and features of the Letulet Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the Letulet Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise.
2.3 If you access or download the Application from the Apple App Store, or Google Play for Android you agree to Apple’s Licensed Application End User License Agreement, and or Google’s End User License Agreement
3. Modification of these Terms
Letulet reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Letulet Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Letulet Platform will constitute acceptance of the revised Terms.
4.1 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Letulet Platform except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Letulet. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Letulet or its licensors, except for the licenses and rights expressly granted in these Terms.
4.2 Subject to your compliance with these Terms, Letulet grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) use, or download and use, the Application on your personal device(s); and (ii) access and view any Content made available on or through the Letulet Platform and accessible to you, solely for your personal and non-commercial use.
5. Term and Termination, Suspension and other Measures
5.1 This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or Letulet terminate the Agreement in accordance with this provision.
5.2 You may terminate this Agreement at any time via the "Cancel Account" feature on the Letulet Platform or by sending us an email.
5.3 Without limiting our rights specified below, Letulet may terminate this Agreement for convenience at any time by giving you thirty (30) days' notice via email to your registered email address.
5.4 Letulet may immediately, without notice terminate this Agreement if (i) you have materially breached your obligations under these Terms, (ii) you have violated applicable laws, regulations or third-party rights, or (iii) Letulet believes in good faith that such action is reasonably necessary to protect the personal safety or property of Letulet, or third parties.
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Letulet remains with you. Neither Letulet nor any other party involved in creating, producing, or delivering the Letulet Platform or Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the Letulet Platform or Content, or (iii) from any communications, interactions or meetings with other persons with whom you communicate, interact or meet with as a result of your use of the Letulet Platform, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Letulet has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. In no event will Letulet’s aggregate liability arising out of or in connection with these Terms and your use of the Letulet Platform, or from the use of or inability to use the Letulet Platform or Content, exceed the amounts received by Letulet from your Letulet account in the twelve (12) month period prior to the event giving rise to the liability, or one hundred U.S. dollars (US$100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Letulet and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. You are aware that Airbnb, Inc. maintains insurance policies, which may pay claims for damage caused to your personal property and real property arising out of hosting activities on Airbnb.com. Information regarding those insurance policies are available from Airbnb, Inc. You agree to submit any claims you have for damages, which may be covered by Airbnb, Inc. insurance policies, to Airbnb, Inc. or its insurance, prior to pursuing any claims against Letulet.
You agree and acknowledge that you have not relied on any oral or written statement from Letulet in determining the legality or advisability of hosting paying guests and/or short-term rental guests. You are hereby notified that hosting paying guests, and/or short- term rental guests, may violate local laws governing short term rentals. You are further notified that sharing a percentage of your short-term rental revenue with your landlord may violate rental law controlling rental rates in the jurisdiction where your property is located. You are further notified that a guest staying for more than 30 days may acquire independent tenancy rights to your property. By using the Letulet Platform, you assume all risk for any liability, loss of property rights, property damages caused by guests, or financial damages arising out of guest’s claim or assertion of tenancy rights to the premises, and waive any such claims against Letulet. Letulet advises you to consult with an attorney familiar with your local tenancy laws prior to using Letulet.
You agree to release, defend (at Letulet’s option), indemnify, and hold Letulet and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your use of the Letulet Platform or Letulet Services except to the extent the claims arise out of Letulet’s gross negligence or willful misconduct.
8. Dispute Resolution and Arbitration Agreement
8.1 This Dispute Resolution and Arbitration Agreement shall apply if you (i) reside in the United States; or (ii) do not reside in the United States, but bring any claim against Letulet in the United States.
8.2 Overview of Dispute Resolution Process. Letulet is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom Section 8 applies: (1) an informal negotiation directly with Letulet’s customer service team, and (2) a binding arbitration administered by the American Arbitration Association (“AAA”) using its specially designed Consumer Arbitration Rules (as modified by this Section 80. Specifically, the process provides:
Claims can be filed with AAA online (www.adr.org);
Arbitrators must be neutral and no party may unilaterally select an arbitrator;
Arbitrators must disclose any bias, interest in the result of the arbitration, or relationship with any party;
Parties retain the right to seek relief in small claims court for certain claims, at their option;
The initial filing fee for the consumer is capped at $200;
The consumer gets to elect the hearing location and can elect to participate live, by phone, video conference, or, for claims under $25,000, by the submission of documents;
The arbitrator can grant any remedy that the parties could have received in court to resolve the party’s individual claim.
8.3 Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and Letulet each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact Airbnb’s customer service team by emailing us. If after a good faith effort to negotiate one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org) provided to the other party, as specified in the AAA Rules.
8.4 Agreement to Arbitrate. You and Letulet mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement or interpretation thereof, or to the use of the Letulet Platform or the Content (collectively, “Disputes”) will be settled by binding arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Letulet agree that the arbitrator will decide that issue.
8.5 Exceptions to Arbitration Agreement. You and Letulet each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).
8.6 Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules (the “AAA Rules“) then in effect, except as modified here. The AAA Rules are available at www.adr.org or by calling the AAA at 1–800–778–7879.
8.7 Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
8.8 Modification to AAA Rules - Arbitration Hearing/Location. The required arbitration hearing shall be conducted: (a) in San Francisco County; (b) in any other location to which you and Letulet both agree; (c) via phone or video conference; or (e) for any claim or counterclaim under $25,000, by solely the submission of documents to the arbitrator.
8.9 Jury Trial Waiver. You and Letulet acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
8.10 No Class Actions or Representative Proceedings. You and Letulet acknowledge and agree that we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding as to all Disputes. Further, unless you and Letulet both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If this paragraph is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute.
8.11 Severability. Except as provided in Section 8.10, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
8.12 Changes. Notwithstanding the provisions of Section 3 (“Modification of these Terms”), if Letulet changes this Section 8 (“Dispute Resolution and Arbitration Agreement”) after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Letulet’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Letulet in accordance with the provisions of the “Dispute Resolution and Arbitration Agreement” section as of the date you last accepted these Terms (or accepted any subsequent changes to these Terms).
8.13 Survival. Except as provided in Section 8.11, this Section 8 will survive any termination of these Terms and will continue to apply even if you stop using the Letulet Platform or terminate your Letulet Account.
9.1 You agree to pay Letulet a service fee calculated at four and one-half percent (4.5%) of the gross revenues you receive from the STRS on account of hosting short term rentals as set forth below (“the Service Fees”). For the purpose of this agreement, gross profit is defined as the cumulative total of the listing price per night times the number of nights in a single booking (eg: $100/night x 2 nights = $200) and was as paid out to you by the STRS after the STRS makes deductions for all taxes and applicable fees, including, but not limited to, business registration and license fees, service fees, insurance, transient occupancy taxes, and cleaning fees as established in the listing on the STRS (“Gross Profits”).
9.2 You authorize letUlet to collect from you the Landlord’s percentage share of short-term rental revenue as set forth in Addendum to Residential Tenancy Agreement (“Landlord’s Share”). Landlord’s Share is calculated by subtracting Services Fees from Gross Profits and then multiplying that amount by the percentage set forth in the Addendum to Residential Tenancy Agreement. By way of example, if Gross Profits equal $800 and the percentage set forth in the Addendum to Residential Tenancy Agreement is 20%, Landlord’s Share would be $152.80. (Gross Profits of $800 multiplied by 4.5% equals Service Fees of $36. Gross Profits of $800 minus Service Fees of $36 equals $764. 20% of $764 equals Landlord’s Share of $152.80). You also authorize Letulet to collect from you the Service Fees.
9.3.. You authorize Letulet to collect from you the Service Fee and the Landlord’s Share which may include making an ACH withdrawal from your bank account in the amount of Landlord’s Share and Service Fees after you receive Gross Profits from the STRS. In the event your bank refuses to honor the ACH withdrawal in the amount of the Landlord’s Share and Service Fees on the above specified dates, you authorize Letulet to attempt additional ACH withdraws, which may occur on the last Friday of every month until Letulet has collected the Landlord’s Share and Service Fees owing. You also authorize Letulet to charge a service fee of $50.00 for each time that your bank refuses to honor the ACH withdrawal. This service fee is in addition to any charges that your bank may impose on you. You authorize Letulet to collect any service fees owing as an ACH withdrawal on the last Friday of every month. You agree to execute any additional documents necessary to authorize letUlet to make the ACH withdrawal contemplated herein.
10.0 Applicable Law and Jurisdiction
These Terms will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the Arbitration Agreement in Section 8 must be brought in state or federal court in San Francisco, California, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in San Francisco, California.
11. General Provisions
11.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between Letulet and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Letulet and you in relation to the access to and use of the Letulet Platform.
11.2 No joint venture, partnership, employment, or agency relationship exists between you and Letulet as a result of this Agreement or your use of the Letulet Platform.
11.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
11.4 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
11.5 Letulet’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
11.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Letulet's prior written consent. Letulet may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.
11.7 Unless specified otherwise, any notices or other communications permitted or required under this Agreement, will be in writing and given by Letulet via email. The date of receipt will be deemed the date on which Airbnb transmits the notice.
11.8 If you have any questions about these Terms please email us.
Terms of Service
PLEASE NOTE: SECTION 8 OF THESE TERMS OF SERVICE CONTAINS AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS HOW DISPUTES WITH AIRBNB ARE RESOLVED. BY ACCEPTING THESE TERMS OF SERVICE, YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION. PLEASE READ IT CAREFULLY.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.