Terms of Use

Welcome to Neptune. These Terms of Use ("Terms") govern your access to and use of the website located at https://neptune.rent, including without limitation, any functionality of the website, discussion forums offered on or through the such sites, and all associated websites or webpages within the neptune.rent domain and Neptune's rental platform and services at neptune.rent (the "Platform"), operated by Neptune, a Delaware corporation. Neptune provides an all-in-one rental discovery platform that streamlines the rental discovery process using proprietary algorithms for rental search.

1. Agreement to Terms

By creating an account, accessing our Platform, or using any of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you may not access or use our Platform. Your electronic acceptance of these Terms (including by clicking "I Accept," "I Agree," or similar buttons, or by using our services) constitutes your electronic signature and creates a legally binding agreement between you and Neptune. You acknowledge that your electronic acceptance has the same legal force and effect as if you had signed these Terms with a handwritten signature. You represent that you are at least 18 years old and have the legal capacity to enter into this agreement. If you are using our Platform on behalf of another person or entity, you represent that you have the authority to bind that person or entity to these Terms.

THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION AND A CLASS ACTION WAIVER PROVISION THAT AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM CAREFULLY.

2. Updates to Terms

We may modify these Terms from time to time. We will notify you of material changes by posting the updated Terms on our Platform and updating the "Last Updated" date. Your continued use of our Platform after such changes constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using our Platform.

3. Definitions

3.4 "Neptune Platform" or "Platform" means Neptune's proprietary software platform, including all websites, mobile applications, APIs, and related services provided by Neptune to provide the Services.

3.5 "Personal Information" has the meaning set forth in our Privacy Policy.

3.6 "Property Manager" means any individual, company, or entity that manages rental properties and uses Neptune's Platform to evaluate rental applications, including landlords, property management companies, and their authorized representatives.

3.8 "Services" means all services provided by Neptune through the Platform, including rental profile creation, property manager matching, tour scheduling, and Platform access.

3.9 "Third-Party Services" means services provided by entities other than Neptune that are integrated with or accessible through the Platform, including but not limited to calendar services, cloud storage providers, and communication tools.

4. Description of Services

Neptune operates a tenant marketplace platform at getneptune.io where prospective tenants create searchable profiles containing rental preferences and self-reported information. Property Managers use separate tools to search, filter, and match with qualified tenant profiles based on their rental criteria including: (i) creating searchable tenant profiles; and (ii) profile management dashboard for history and rental preferences. The specific types of information we collect and how we use it are detailed in our Privacy Policy at Neptune.rent/privacy. Neptune reserves the right to modify, enhance, or discontinue any aspect of the Services at any time, with or without notice. We will make reasonable efforts to notify you of material changes that significantly impact your use of the Platform. Updates may include changes to functionality, user interface, available features, or underlying algorithms.

5. Account Terms and Access

5.1 Account Creation and Requirements

To use Neptune's Platform, you must create an account by providing accurate and complete information including rental preferences, desired property types, location preferences, and other criteria that will be used to create your searchable profile for Property Manager matching. You represent and warrant that all information provided during account registration and thereafter is truthful, accurate, current, and complete.

5.2 Profile Management and Searchability

You are responsible for maintaining current and accurate profile information, including rental preferences, contact information, and availability status. You understand that your profile will be searchable by Property Managers using Neptune's property manager platform. You may adjust your profile visibility and searchability settings through your account dashboard, but complete profile hiding may limit matching opportunities.

5.3 Account Responsibilities

You are responsible for: (i) protecting your login credentials and promptly notifying Neptune of any unauthorized account use or security breaches; (ii) keeping your account information current and accurate, including contact information, employment details, and rental preferences; and (iii) all activities that occur under your account, whether authorized by you or not.

5.3 User License and Restrictions

Subject to these Terms, Neptune grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for your tenant profile and rental matching purposes through Neptune's website for Property Managers at https://getneptune.io (the "Property Manager Website"). This license does not include any right to:

5.3.1 Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Platform;

5.3.2 Reverse engineer, decompile, disassemble, or attempt to extract the source code of the Platform or any part thereof;

5.3.3 Use the Platform for any commercial purposes beyond your personal rental applications;

5.3.4 Access the Platform through automated means, including bots, scrapers, or other automated tools, without express written permission; or

5.3.5 Circumvent or attempt to circumvent any security measures or access controls.

5.4 Account Suspension and Restrictions

Neptune may, in its sole discretion, suspend, restrict, or terminate your account access immediately, with or without notice, if:

5.4.1 You violate any provision of these Terms or our Privacy Policy;

5.4.2 You provide false, inaccurate, or fraudulent information;

5.4.3 Your account remains inactive for an extended period (typically 12 months or more), meaning you have no accepted rental applications and are not currently an active tenant through the Platform with a Property Manager;

5.4.4 We reasonably believe your account has been compromised or is being used for unauthorized purposes;

5.4.5 Termination is required by law, regulation, or court order; or

5.4.6 You engage in conduct that we determine is harmful to Neptune, other users, or third parties.

6. Acceptable Use and Prohibited Conduct

6.1 Acceptable Use

You agree to use the Platform responsibly and consistent with its intended purpose as a tenant marketplace platform. As a Platform user, you must: (i) provide truthful, accurate, and complete information in all rental applications, rental preferences and Platform interactions, including personal details, employment information, and financial data; (ii) communicate respectfully and professionally with Property Managers, Neptune staff, and other Platform users; (iii) use the Platform in compliance with all applicable federal, state, and local laws and regulations, including fair housing laws and privacy regulations; (iv) respect the intellectual property, privacy, and other rights of Neptune, Property Managers, and other users; (v) assist Neptune in investigating any suspected violations of these Terms, fraudulent activities, or security incidents; and (vi) promptly report any technical issues, security vulnerabilities, or inappropriate conduct you encounter on the Platform.

6.2 Prohibited Conduct

You may not use the Platform to engage in or facilitate: (i) providing false, misleading, or fraudulent information in applications, communications, or account details; (ii) impersonating another person or entity, or misrepresenting your identity, credentials, or affiliations; (iii) attempting to bypass, disable, or interfere with Platform security features, access controls, or user authentication systems; (iv) accessing or attempting to access other users' accounts, personal information, or restricted areas of the Platform; (v) disrupting, overloading, or impairing the Platform's functionality, infrastructure, or other users' experience; (vi) using bots, scrapers, crawlers, or other automated tools to access the Platform without express written permission; (vii) using the Platform for any commercial purpose other than your personal rental applications, including reselling access or services; (viii) engaging in any illegal activities or using the Platform to facilitate illegal conduct; (ix) harassing, threatening, or abusing other users, Property Managers, or Neptune personnel; or (x) sending unsolicited communications, advertisements, or promotional materials through the Platform.

6.3 User Responsibility for False Information

You agree to provide accurate, truthful information and acknowledge that providing false or fraudulent information may result in liability to third parties. You are responsible for any direct damages caused by your intentional misrepresentation of material facts in rental applications, but this responsibility does not extend to Neptune's processing, analysis, or reporting of such information.

6.4 Monitoring and Enforcement

Neptune reserves the right to monitor Platform usage and investigate suspected violations of these Terms. We may take appropriate action, including account suspension or termination, content removal, and legal action, without prior notice for serious violations.

6.5 Reporting Violations

If you become aware of any violations of these Terms or inappropriate conduct on the Platform, please report it to Neptune immediately using our designated reporting mechanisms.

6.6 Website Access and Technical Requirements

Access to the Platform requires a compatible web browser and internet connection. Neptune does not guarantee compatibility with all devices or browsers. You are responsible for ensuring your technology meets minimum system requirements. The website may be temporarily unavailable for maintenance, updates, or technical issues. Neptune reserves the right to modify website functionality, design, and features at any time.

7. Intellectual Property Rights

7.1 Neptune's Intellectual Property

Neptune retains all rights, title, and interest in and to the Platform and all related intellectual property, including but not limited to: (i) all software, applications, algorithms, and technology underlying the Platform; (ii) all text, graphics, images, logos, designs, and other content provided by Neptune on the Platform; (iii) proprietary databases, analytical models, benchmarking data, and aggregated insights derived from Platform usage; (iv) Neptune's name, logos, trademarks, service marks, and other branding elements; and (v) confidential business information, including algorithms, processes, and methodologies that provide Neptune with a competitive advantage.

7.2 User-Generated Content

You retain ownership of the personal information and documents you submit to the Platform. However, by submitting content, you grant Neptune a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform such content in connection with providing the Services.

7.3 License Scope and Limitations

The license you grant to Neptune includes the right to: (i) process and analyze your information to create your rental profile; (ii) store and maintain your information on our systems and those of our service providers; (iii) share your information with Property Managers as authorized by you and permitted under these Terms; and (iv) use aggregated, anonymized data for research, development, and improvement of our Services.

7.4 Feedback and Suggestions

Subject to Neptune's confidentiality obligations, any feedback, suggestions, ideas, or other information you provide to Neptune about the Platform becomes Neptune's property. Neptune may use such feedback without compensation or attribution to you for any purpose, including improving the Platform or developing new Services.

7.5 Third-Party Intellectual Property

The Platform may include or reference third-party content, services, or intellectual property. Such third-party materials are owned by their respective owners and may be subject to separate terms and conditions.

8. Privacy and Data Protection

Our collection, use, sharing, and protection of your personal information is comprehensively governed by our Privacy Policy, which is incorporated into these Terms by reference. This includes specific provisions regarding profile creation, searchability by Property Managers, matching algorithms, and data sharing practices unique to our marketplace model. We implement appropriate technical and organizational security measures to protect your information. However, no system is completely secure, and you are responsible for maintaining account credential confidentiality. For detailed information about your privacy rights, data handling practices, dispute procedures, and state-specific rights, please review our Privacy Policy.

9. Third-Party Services and Integrations

Neptune utilizes various Third-Party Services and integrations to enhance Platform functionality. This includes website hosting services, analytics providers, communication tools, calendar services for tour scheduling, and matching algorithm services. By using Neptune's Platform, you acknowledge that Neptune may integrate with third-party service providers to facilitate data collection and Platform operations. You agree to be bound by the terms of service, privacy policies, and other agreements of such third-party providers when you authorize Neptune to access their services on your behalf. You may revoke third-party access (such as calendar access) at any time through your account settings or by contacting the relevant third-party provider. However, revoking such access may limit Neptune's ability to provide complete Services and may affect your ability to use certain Platform features. The Platform may integrate with additional Third-Party Services from time to time for enhanced functionality, and your use of such services may be subject to additional terms and conditions imposed by those third parties.

10. Fees and Payment Terms

10.1 Neptune's Fees

Neptune does not charge tenants or prospective tenants any fees for creating an account or maintaining an account on the Platform.

10.2 Fee Changes and Notice

Neptune reserves the right to modify its fees with thirty (30) days' prior written notice to users via email and Platform notification. Any fee changes will only apply to new services initiated after the effective date of such changes.

10.3 Currency and Payment Methods

All fees are quoted and charged in U.S. Dollars. Payment methods may include credit cards, debit cards, ACH transfers, or other electronic payment methods as available through the Platform.

10.4 Third-Party Service Fees

Certain third-party services integrated with the Platform may impose their own fees. Such third-party fees are separate from any Neptune fees and are governed by the terms and conditions of the respective third-party providers.

11. Termination by Either Party

You may terminate your account at any time by contacting customer service or following account closure procedures on the Platform. Neptune may terminate your account immediately, with or without notice, for any of the reasons stated in Section 5.4 above. Upon termination, your Platform access ceases. Following account termination, Neptune may retain certain information as required by legal requirements, legitimate business purposes such as fraud prevention, ongoing disputes or legal proceedings, and backup systems that are not immediately purged. Provisions that by their nature should survive termination of these Terms shall survive, including but not limited to warranty disclaimers, liability limitations, indemnification obligations, intellectual property provisions, and dispute resolution procedures.

12. Warranty Disclaimer

THE PLATFORM AND ALL SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEPTUNE DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

While Neptune strives to provide accurate information, we cannot guarantee the accuracy, completeness, or timeliness of information obtained from third-party sources. Neptune is not responsible for rental decisions made by Property Managers based on profile searches and matching results. Property Managers make independent decisions based on multiple factors beyond your profile. We do not guarantee continuous, uninterrupted, or error-free Platform operation. The Platform may be temporarily unavailable due to maintenance, technical issues, or circumstances beyond our control. Some states do not allow the exclusion of certain warranties, so the above limitations may not apply to you.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEPTUNE'S TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED ZERO DOLLARS ($0), SINCE TENANTS PAY NO FEES TO NEPTUNE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL NEPTUNE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO THOSE RELATED TO LOST HOUSING OPPORTUNITIES, ADDITIONAL HOUSING COSTS, OR RENTAL APPLICATION DENIALS.

14. Governing Law and Arbitration

READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS HOW YOU CAN SEEK RELIEF FROM NEPTUNE.

These Terms are governed by Delaware law, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Any disputes shall be resolved through binding individual arbitration under American Arbitration Association Consumer Arbitration Rules, except for injunctive relief claims and intellectual property disputes.

YOU AND NEPTUNE AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, MULTIPLE PLAINTIFF, OR SIMILAR PROCEEDING.

The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding. You may opt out of arbitration by written notice within thirty (30) days of accepting these Terms. If any portion of this arbitration agreement is deemed invalid or unenforceable, the remainder shall remain in effect, except that if the class action waiver is deemed invalid, the entire arbitration agreement shall be unenforceable and disputes shall be resolved in court.

15. General Provisions

15.1 Contact Information

For questions about these Terms or to contact Neptune regarding any matter related to the Platform, please contact us at:

Neptune
Email: elijah@neptune.rent
Website: www.neptune.rent

15.2 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Neptune regarding your use of the Platform and supersede all prior or contemporaneous communications, proposals, representations, or agreements relating to the subject matter herein.

15.3 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The invalid provision shall be replaced with a valid provision that most closely reflects the original intent and economic effect.

15.4 Waiver

Neptune's failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision. Any waiver must be in writing and signed by an authorized representative of Neptune. No single or partial exercise of any right or remedy shall preclude other or further exercise thereof.

15.5 Assignment

You may not assign, transfer, or delegate these Terms or your account without Neptune's prior written consent. Neptune may assign these Terms and your account to any affiliate, subsidiary, or in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets, provided the assignee agrees to honor these Terms.

15.6 Force Majeure

Neptune is not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, government actions, labor disputes, cyberattacks, or technical failures of third-party services.

15.7 Independent Contractors

Nothing in these Terms creates a partnership, joint venture, agency, fiduciary, or employment relationship between you and Neptune. You and Neptune are independent contractors with respect to the subject matter of these Terms.

15.8 Electronic Communications Consent

You consent to receive communications from Neptune electronically, including via email, text message, or through the Platform. You agree that electronic communications satisfy any legal requirement that communications be in writing. You may withdraw consent to electronic communications by contacting us, but withdrawal may result in termination of your account.

15.9 Compliance with Laws

You agree to comply with all applicable federal, state, and local laws and regulations in your use of the Platform, including but not limited to laws regarding data protection, consumer rights, fair housing, and anti-discrimination.

15.10 Force Majeure

Neither party shall be liable for any failure or delay in performance under these Terms due to circumstances beyond their reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, government actions, or failures of internet or telecommunications infrastructure.

15.11 Notice Procedures

Notices to you may be made via email to your registered email address, regular mail to your registered address, or postings on the Platform. Notices to Neptune must be sent to the contact information provided above. Notices are deemed received when sent via email, three (3) days after mailing, or immediately when posted on the Platform.

15.12 Statute of Limitations

Any claim or cause of action arising from or related to these Terms or your use of the Platform must be filed within one (1) year after the claim or cause of action arose, or it will be forever barred.