Last Updated: January 27, 2023

PLEASE READ THIS TERMS OF USE AGREEMENT (the “Terms”) CAREFULLY. SafelyStay, Inc. (together with our affiliates, “Safely”, “we”, or “us”) provides trust and safety services (“Services”) for property owners and managers who have accommodations to rent (“Hosts”) and guests seeking to rent such accommodations (“Guests”). The Services and the software and certain information and content related thereto, including safely.ai, and safelystay.com (the “Site”) and any other Safely branded websites, web pages, mobile websites, and any mobile applications operated by Safely, are collectively, the “Platform”).

These Terms set forth the legally binding terms and conditions that govern your use of the SERVICES. BY CLICKING ON THE “I ACCEPT” BUTTON, COMPLETING THE REGISTRATION PROCESS, AND/OR USING THE SERVICES, you are accepting these Terms OF USE (on behalf of yourself or the entity that you represent), and you represent and warrant that you have the right, authority, and capacity to enter into these Terms of use (on behalf of yourself or the entity that you represent). you may not access or use the SERVICES or accept the Terms of use if you are not at least 18 years old. If you do not agree with all of the provisions of these Terms OF USE, do not access and/or use THE SERVICES.

PLEASE NOTE THAT The Terms are subject to change by Safely in its sole discretion at any time. When changes are made, Safely will make a new copy of the Terms available at safely.com/terms. We will also update the “Last Updated” date at the top of the Terms. If we make any material changes, and you have registered with us to create an Account we will also send an e-mail to you at the last e-mail address you provided to us pursuant to the Terms. Any changes to the Terms will be effective immediately for new users of the Platform and will be effective thirty (30) days after posting notice of such changes on the Site for existing users, provided that any material changes shall be effective for users who have an Account with us upon the earlier of thirty (30) days after posting notice of such changes on the Site or thirty (30) days after dispatch of an e-mail notice of such changes to existing users. Safely may require you to provide consent to the updated Terms in a specified manner before further use of the Platform is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Services and/or the Platform. Otherwise, your continued use of the Services and/or the Platform constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE SITE TO VIEW THE THEN-CURRENT TERMS.

1. Accounts
   • 1.1.  Account Creation. To use the Platform, you must have a registered account (“Account”) with Safely. When you register for an Account, you must provide complete and accurate information about yourself, and if you are a Host, your Accommodations, and you agree to maintain the accuracy of such information. You may not impersonate someone else, create or use an Account for anyone other than yourself, provide an email address other than your own, or create multiple Accounts.
   • 1.2.  Account Responsibilities. Safely prohibits the creation of, and you agree that you will not, create an Account for anyone other than yourself or for your personal use. You are responsible for all activities that occur under your Account. You agree to immediately notify Safely of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Safely cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

2. Overview of the Services
   • 2.1.  Verification Services.
     • (a) “Guest Verification Services” are Services offered to Hosts, whereby Safely will (i) collect verification data from Guests, including name, addresses, date of birth, and other available information to confirm the identity of the Guest, and (ii) check the Guest against databases that collect fraud and crime data and vacation record databases. You acknowledge and agree that Safely makes the Guest Verification Services available to Hosts as a convenience only, to facilitate the booking of Accommodations between Guests and Hosts, and Safely makes no warranty that any advice, information, or recommendation we make through the Platform or Services (including any Safely Score (as defined below)) are accurate or reliable. You acknowledge and agree that our advice and recommendations are based, in part, on the accuracy and reliability of User Content submitted by you and other Users, and that such data and information, and conditions, may change, which may render any advice, information, or recommendation incorrect or inadvisable. As a Host, you verify to Safely that you have obtained the consent of all users and Guests agreeing to these Terms and the Verification Service Protocols and you expressly represent and warrant that you will include in your rental agreement with Guests that the Guest acknowledges and agrees that such Guest is subject to a background check conducted by a third party in connection with the rental. You agree to indemnify and hold Safely (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of your failure to obtain express written consent from a Guest to allow a third party to conduct a background check in connection with such rental.
     • (b) As a Guest, you agree to always provide accurate, current and complete information when prompted. By providing such information, (i) you agree to the Verification Service Protocols (defined below) and that any all information determined through or in connection with such Verification Service Protocols may be used by Safely, Hosts and authorized third parties, (ii) authorize Safely or a Host to create a personal record associated with you, and (iii) grant an irrevocable power of attorney to Safely and such Host for the Verification Service Protocols during the term of your use of the Platform. You further consent to Safely publishing, disclosing, and otherwise making available to third parties, including Hosts, your risk score produced by the Guest Verification Services (“Safely Score”). You acknowledge and agree that Safely will have no liability whatsoever in connection with the disclosure or publication of your Safely Score (including any inability to book Accommodations) and you agree not to bring any claim against Safely in connection with such disclosure or publication. “Verification Service Protocols” means and include all the procedures listed on Annex A, including background checks, and shall include the authority for any and all information determined through or in connection with such protocols to be used by Safely, Hosts, and other authorized third parties.
   • 2.2.  Assurance Services.
     • (a) If you are making a claim against an insurance policy, you must review the applicable fraud warning notice contained at https://safely.com/fraud-warning-notices/.

3. Privacy. Our Privacy Policy is located here: safely.com/privacy-policy Please review the Privacy Policy to learn about:
   • What information we may collect about you;
   • What we use that information for; and
   • With whom we share that information.

4. User Content and Conduct
   • 4.1.  Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”:
     • (a) You agree not to use the Platform to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
     • (b) In addition, you agree not to: (i) upload, transmit, or distribute to or through the Platform any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) use the Platform to harvest, collect, gather or assemble information or data regarding other users, including email addresses, without their consent; (iii) interfere with, disrupt, or create an undue burden on servers or networks connected to the Platform, or violate the regulations, policies or procedures of such networks; (iv) attempt to gain unauthorized access to the Platform (or to other computer systems or networks connected to or used together with the Service), whether through password mining or any other means; (v) harass or interfere with any other user’s use and enjoyment of the Platform; (v) use software or automated agents or scripts to produce multiple accounts on the Platform, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Platform (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Platform for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file); (vi) violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and tax regulations and standards of rental associations, or other similar organizations which have the effect of binding Hosts or Guests, (vii) request or book a stay at any Accommodation if you will not actually be staying at the Accommodation yourself, unless Safely explicitly permits otherwise; (viii) contact a Host for any purpose other than asking a question related to a reservation or a Host’s Accommodations; (ix) contact a Guest for any purpose other than asking a question related to a reservation or such Guest’s use of the Platform and Services; (x) use our Platform or Services to transmit, distribute, post, or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card, or account numbers; (xi) “stalk” or harass any other user of our Platform or Services, or collect or store any personally identifiable information about any other user other than for purposes of transacting as a Safely Guest or Host; (xii) request any Guest Verification Services or similar services from Safely with respect to any individual unless such individual has executed a written undertaking required under applicable law to consent to such service and a background check in connection therewith; (xiii) recruit or otherwise solicit any Host or other user to join third-party services or websites that are competitive to Safely or its partners, without Safely’s prior written approval; or (xiv) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity.
   • 4.2.  Enforcement. We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with Section 11, and/or reporting you to law enforcement authorities.
   • 4.3.  International Users. The Platform can be accessed from countries around the world and may contain references to a Platform that is not available in your country. These references do not imply that Safely intends to announce such Platform in your country. The Platform is controlled and offered by Safely from its facilities in the United States of America. Safely makes no representations that the Platform is appropriate or available for use in other locations. Those who access or use the Platform from other countries do so at their own volition and are responsible for compliance with local law.

6. Entire Agreement. These Terms constitute the entire agreement between you and us regarding the use of the Platform. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Safely is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Safely’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Safely may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.

7. Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to the Services or the Platform, please contact us at hello@safely.com. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.

8. Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Platform of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

9. Copyright/Trademark Information. Copyright © 2023, Safely, Inc. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Platform are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

10. Contact Information:
    SafelyStay, Inc.
    Legal Department
    P.O Box 19124
    Atlanta, GA 31126
    legal@safely.com

ANNEX A: VERIFICATION SERVICE PROTOCOLS

Notice to Furnishers of Information: Obligations of Furnishers Under the FCRA

Safely’s Business Model Includes the Use of Background Checks About You

By using the Platform or Services as a member of the Safely Community, you acknowledge and agree that Safely may review and use any Background Checks about yourself for the legitimate business purpose of reporting information about the background of a prospective Guest to a Host, or, in the case of Host Verification Services, information about the Host which will be provided to prospective Guests.

Background Checks are regulated by the Fair Credit Reporting Act (the “FCRA”), and the background reports resulting from these services are considered “consumer reports” under the FCRA. Consumer reports may contain information on your character, general reputation, personal characteristics, and mode of living, including but not limited to consumer credit, criminal history, workers’ compensation, driving, employment, military, civil, and educational data and reports.

Before a Background Check may be conducted, the Host or Guest upon which the Background Check is made must read and agree to the Background Check Authorization & Disclosures (below). If you are a Host, you agree to conspicuously display the Background Check Authorization & Disclosures with your policies or terms. You further agree to require a Guest’s acceptance of the Background Check Authorization & Disclosures prior to obtaining the Guest’s personal information for the Background Check.

Safely will provide the background information to the Host or Guest in question. The person requesting the information agrees to advise Safely if it makes an adverse determination with respect to the person about whom information is provided. If Safely receives notice that an adverse determination has been made, Safely will notify the affected parties as required by applicable law or regulation. We will also provide the applicable Host or Guest subject to the Verification Services with the name and contact information of the consumer reporting agency that created the report. We will also provide you a copy of the report unless the consumer reporting agency has already provided you a copy or access to it. You hereby represent, understand and expressly agree that Safely does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information included in these Background Checks. Furthermore, any inaccuracies in the report must be addressed with the consumer reporting agency that issued it and not Safely.

BY AGREEING TO THESE TERMS AND USING OUR PLATFORM AND SERVICES, YOU AGREE TO ALLOW SAFELY TO PERFORM THESE BACKGROUND CHECKS FOR THE PURPOSES DESCRIBED ABOVE. IF YOU DO NOT WANT THESE BACKGROUND CHECKS TO BE PERFORMED, YOU SHOULD NOT USE SAFELY.

Guests Can Order or Authorize Background Checks and Can Authorize the Sharing of Results with Other members of the Safely Community, including Hosts and Aggregator Platforms

Safely offers Background Check services from consumer reporting agencies. The other Background Check services require payment of a separate fee by the Member or user who is initiating the background check request, or the fee is included in the price of an applicable insurance policy.

Each of these Background Check services are regulated by the Fair Credit Reporting Act (the “FCRA”), and the background reports resulting from these services are considered “consumer reports” under the FCRA. Consumer reports may contain information on your character, general reputation, personal characteristics, and mode of living, including but not limited to consumer credit, criminal history, workers’ compensation, driving, employment, military, civil, and educational data and reports.

Safely will receive a copy of each Background Check you order or authorize through Safely. See below for information regarding Safely’s use of these Background Checks. If you order a Background Check about yourself, a copy of the results will be distributed to you.. You are responsible for making sure that the contact information you provide to Safely is correct, knowing that sensitive information will be sent to the email or address indicated.

If you order a preliminary Background Check in response to a request by a Safely user and the check comes back without record or with information that does not result in Safely turning down your request for a Reservation we will forward the check to the Safely user who requested it in accordance with your authorization at the time you ordered the check. The results of any Background Check you order that results in Safely not recommending you for a Reservation will not be shared with other users.

If a Safely user orders a background check pursuant to your written authorization, the consumer reporting agencies that performed the associated checks will provide them to Safely. Safely will share a summary of the results excluding specific details to the Safely user who ordered the background check. The summary of results of a background check ordered by a Safely user pursuant to your electronic authorization will be shared directly with the Safely user regardless of its contents.

If you have ordered a Background Check through Safely, we may indicate in your profile that you have completed the check and are recommended as Guest or Host. However, we will not share the results with any other site visitor or Registered User without your specific consent.

Special Responsibilities of Safely Users under FCRA

Safely users may request and receive a copy of a Background Check on a Safely user, subject to the Safely user’s explicit instructions about who may have access to such a report.

If you receive a copy of a background report, you warrant that you will use such information only for a purpose permitted by FCRA, such as an employment purpose, and that you will comply with any and all applicable obligations of the FCRA as well as all other applicable consumer reporting laws.

Your responsibilities in using the information contained the background check can be found at FCRA governs the use of reports obtained from a consumer reporting agency, such as the third-party consumer reporting agencies we use.

If there is negative data in a check you receive, and you choose to take “adverse action” (i.e. choose to pass on that individual’s candidacy) on the basis of this negative data, you must agree to take certain procedural steps, which can be found at https://www.ftc.gov/os/statutes/fcrajump.shtm. These include notifying the individual who is the subject of the report of your decision to take adverse action based on information contained in the report and the subject’s right to contest the accuracy or completeness of the report. Moreover, if the subject contests the report with the consumer reporting agency, you are required to suspend the reservation process while the agency researches the accuracy and completeness of the report.

Safely May Regularly Verify Information About You

By registering as a member of the Safely community, you authorize Safely, and acknowledge that for purposes of promoting the safety and integrity of its Platform and Services, Safely reserves the right, but not the obligation, to utilize third-party service Members to verify on an ongoing basis that your data and information about you, such as complaints, arrests, sex offender status, etc. are also true (“Verification Checks”). These third parties may use data from a variety of sources, under a variety of circumstances, for these site safety purposes including, without limitation, information from national criminal databases, sex offender registries, certain media streams, terrorist watch lists, criminal and fugitive watch lists, fraud watch lists, law enforcement reports, and other data.

You agree that Safely may take such action in response to Verification Checks as it deems appropriate in its sole discretion, including without limitation suspending and/or terminating your membership, should it determine that you have violated any representation or warranty or any other provision of these Terms or are otherwise unsuitable for Safely.

You also hereby represent, understand and expressly agree that Safely does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information included in a Verification Check. We do not typically communicate the results of a Verification Check to any third party, though we reserve the right to do so for law enforcement or other safety-related purposes.

BY AGREEING TO THESE TERMS, YOU AGREE TO ALLOW SAFELY TO PERFORM THE VERIFICATION CHECKS DESCRIBED ABOVE. IF YOU DO NOT WANT THESE VERIFICATION CHECKS TO BE PERFORMED, YOU SHOULD NOT USE SAFELY. NO FURTHER CONSENT FROM YOU IS REQUIRED FOR THESE VERIFICATION CHECKS TO BE PERFORMED.

IN ADDITION TO BACKGROUND CHECKS AND VERIFICATION CHECKS, SAFELY WILL MAINTAIN A DATABASE OF PERSONS WHO ARE REGISTERED IN THE SAFELY COMMUNITY AND THOSE WHO ARE NOT RECOMMENDED FOR COMMUNITY MEMBERSHIP.

You understand that Safely has no obligation to admit any person to its community of users as long as it acts in accordance with all applicable legal standards in establishing its community of users. In some cases, Safely will determine that an individual is not eligible to be a member of the Safely community. In those cases, Safely may notify other members of the Safely community that such individual is no longer a member of the Safely community. By accessing the Platform or the Services, you agree that Safely can notify third parties that you are not, or are not eligible, to be a member of the Safely community.

Release of Liability for Results of Background Checks and Verification Checks

If you decide to use or access information included in a Background Check, you hereby represent, understand and expressly agree that those checks are not always accurate or complete (or based on information that is accurate or complete) and that the specific records searched, and the comprehensiveness of the search, varies by the type of Background Check ordered as well as the state and county where the check is performed. For example, many jurisdictions only include felony conviction records (and not, for example, misdemeanor or arrest records) in the national criminal database, which is the only data source utilized for preliminary background checks other than the sexual offender registry. Moreover, some states include only registered sex offenders in that database.

If you decide to access, use, or share information provided by a Background Check, you agree to do so in accordance with applicable law. You also agree to indemnify and hold harmless Safely from any loss, liability, damage, or costs that may result from such access, use, or sharing of this information regardless of the cause. Safely does not assume and expressly disclaims, and you hereby agree to release Safely from, any loss, liability, damage, or costs that may result from the use of information provided in a background report including, without limitation, the inaccuracy or incompleteness of any such information.

You expressly acknowledge that Safely has no obligation to perform Background Checks or Verification Checks on any member of the Safely community. To the extent Safely performs such checks on certain members of the Safely community, the checks are limited and should not be taken as complete, accurate, up-to-date or conclusive evidence of the accuracy of any information those users have provided or of their eligibility to use the Services.

Background Check Authorization & Disclosures

BACKGROUND CHECK AUTHORIZATION

You authorize Safely’s trusted partners to share the personal information that you have provided with Safely for the purposes of Safely’s guest verifications. You consent to Safely, and the authorized agents thereof, conducting a comprehensive review of your background in connection with your vacation rental. You acknowledge and agree that you have read and understand the BACKGROUND CHECK DISCLOSURE and further acknowledge that you have read, understand, and agree with the statements contained in the ADDITIONAL BACKGROUND CHECK DISCLOSURES and this BACKGROUND CHECK AUTHORIZATION. Additionally, you acknowledge that you have read, understand, and agree with Safely’s Terms of Use and Privacy Policy.

BACKGROUND CHECK DISCLOSURE

Safely, Inc. (“Safely”), the entity that conducts guest verifications for vacation home rentals, is committed to safety. As part of that commitment, Safely may now, or at any time while you are a current guest or potential guest for a vacation home rental with Safely’s trusted partners, verify information within your reservation booking details by obtaining a consumer report and/or investigative consumer report (background check) from a consumer reporting agency (“CRA”).

As allowed by law, you understand and agree that Safely may obtain additional background checks without a new authorization from you for every vacation reservation booking with a Safely’s trusted partner.

ADDITIONAL BACKGROUND CHECK DISCLOSURES

CALIFORNIA: You have a right to view the file that a CRA has with your information, and order a copy of their file, upon submitting proper identification and paying actual copying costs, by visiting their offices, during normal business hours and on reasonable notice. You also have a right to submit a written request for a copy of your file to be provided to you by certified mail or for a telephonic file summary. The CRA will provide trained personnel to explain to you the information furnished and can answer questions about information in your file, including any coded information. If you come to its offices in person, another person can join you, so long as that person can show proper identification. Please contact Safely at hello@safely.com for information on obtaining your report.

MINNESOTA: You have a right, upon written request to the CRA, to a complete and accurate disclosure of the nature and scope of any background check Safely ordered about you. The CRA must provide you with this disclosure within 5 business days after receipt of your request or from when the report was requested by Safely, whichever date is later. Please contact Safely at hello@safely.com for information on obtaining your report.

NEW YORK: You have the right, upon written request, to be informed of whether Safely requested a background check about you. Please contact Safely at hello@safely.com for information on obtaining your report.