1. Introduction:
These Terms and Conditions (the “Terms”) govern your use of the Kera property management platform (“Kera” or “Platform”). By creating a Kera account or by using the Platform (including by accepting an invitation to join a lease or rental on Kera), you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use Kera. These Terms apply to all users of Kera, including landlords, tenants, and property managers or other third-party managers, as defined below.
2. General Terms of Use
2.1 Account Registration: To access Kera’s services, all users must create an account. You must provide accurate, complete, and current information during registration and keep your account information updated. Each user is responsible for maintaining the confidentiality of their login credentials and for all activities that occur under their account. You must be at least 18 years old (or the age of majority in your jurisdiction) to use Kera. By registering, you represent that you are legally capable of entering into this agreement. Accepting an invitation to join Kera as a tenant or property manager and/or agreeing to lease terms via Kera constitutes acceptance of these Terms. If you are using Kera on behalf of an organization (such as a property management company or property owner), you represent that you have authority to bind that organization to these Terms.
2.2 Platform Usage: Kera provides an online platform for landlords, tenants, and property managers to manage rental property information, communicate, execute or store lease agreements, process rental payments, and perform related tasks. Kera is not a real estate broker, lender, insurance provider, law firm, or credit reporting agency, and does not itself offer rental properties or act as a landlord or tenantrentspree.comrentspree.com. Kera’s role is limited to providing software tools to facilitate interactions between users. All lease or rental agreements are solely between the landlord (or property manager) and the tenant. Kera is not a party to any rental/lease contract between users and does not guarantee the performance of either landlords or tenants under any lease.
2.3 User Conduct and Compliance: You agree to use Kera only for lawful purposes and in compliance with all applicable laws and regulations. Landlords and property managers are responsible for complying with all landlord-tenant, housing, and privacy laws in their jurisdiction, including (for U.S. users) federal, state, and local fair housing laws and credit reporting laws, and (for Canadian users) applicable provincial/territorial residential tenancy laws and privacy legislationinnago.cominnago.com. Discrimination or harassment is strictly prohibited. You must not upload or transmit any false, misleading, defamatory, obscene, or illegal content via Kera. You represent and warrant that you have all necessary rights and permissions to use any data you input into the Platform (for example, you will only provide another person’s personal information – such as a tenant’s or co-signer’s details – if you have legal authority or that person’s consent to do so). If you become aware of unauthorized use of your account or any security breach, you must notify Kera immediately. Kera reserves the right to suspend or terminate your account for any violation of these Terms or misuse of the Platform.
2.4 Modifications to Terms: Kera may modify these Terms from time to time. We will provide notice of changes by updating the “Effective Date” or via in-app notification or email. Continued use of the Platform after changes are posted constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using Kera.
3. Landlords
This section applies to users who are property owners or landlords using Kera to manage rental properties.
Account and Eligibility: By registering as a landlord on Kera, you certify that you are the owner of the property or have the legal authority to rent out and manage the property. If you are acting on behalf of an entity (such as an LLC or corporation that owns the property), you represent that you have authority to bind that entity. You must provide valid identification and any required information for payment processing (including information needed by our payment processor, Stripe, for identity verification and compliance purposes).
Listings and Property Information: You are responsible for all information you post or input about your rental properties (e.g. unit address, description, rent amount, lease terms). All such information must be accurate and not misleading. You may use Kera to upload lease agreements or other documents; by doing so, you confirm you have the right to those documents. Kera does not verify property listings or lease terms, so you are solely responsible for ensuring your listings and leases are lawful and correct.
Compliance with Laws: Landlords agree to comply with all applicable housing and tenancy laws. This includes following fair housing laws (you may not discriminate against tenants or applicants based on protected characteristics)innago.com and privacy laws when handling tenant information. If you use Kera to evaluate prospective tenants (including via background checks or credit reports), you acknowledge that you are a “user” of consumer reports and will comply with laws like the U.S. Fair Credit Reporting Act (FCRA) or Canadian credit reporting laws. For example, if you take an adverse action (such as denying an application) based on a background or credit report, you are solely responsible for providing any required notices to the applicantinnago.com. Kera is not responsible for your compliance with these legal obligations.
Inviting and Managing Tenants: You may invite tenants to join Kera and connect to a lease. When you invite a tenant to Kera, you are responsible for ensuring that the tenant’s email or contact information is correct. By inviting a tenant and upon the tenant accepting the invite, a connection is established on the Platform for that specific rental property. Any lease agreement or terms presented to the tenant (whether through Kera or externally) are solely between you and the tenant. Kera may provide tools to electronically sign or store lease agreements, but Kera is not a party to those contracts and makes no warranty as to their enforceability.
Rent Collection and Payments: As a landlord, you may use Kera’s payment features to collect rent and other fees. You agree that all rent amounts, due dates, and any late fees or additional charges are as set in your lease with the tenant. Kera’s Platform will facilitate the processing of payments from tenants to you, but Kera does not act as a bank, escrow agent, or fiduciary on your behalf. It is your responsibility to ensure you have set up your payment receiving details correctly (such as linking your bank account through Stripe) and to monitor that you receive payments. If a tenant fails to pay or a payment is reversed, it is your responsibility to address that with the tenant (see Section 5 on Payments and Section 7 on Disclaimers).
Maintenance and Communications: Kera may provide a maintenance request system and messaging tools. As a landlord, you are responsible for responding to maintenance requests and communications from tenants in a timely manner. Kera may send you notifications of tenant requests, but Kera is not responsible for performing any maintenance or ensuring you fulfill your duties. All obligations to repair, maintain, or otherwise service the rental unit as required by law or lease remain solely with you.
Prohibited Use: You must not use Kera to engage in any unlawful conduct, such as collecting application fees or deposits in jurisdictions or manners not permitted, or attempting to circumvent tenant protection laws. Any attempt to use Kera to defraud tenants or any other party will result in account termination and potential legal action.
4. Tenants
This section applies to users who are tenants or prospective tenants using Kera (typically after being invited by a landlord or property manager).
Account and Accuracy of Information: When you are invited to Kera by a landlord or property manager, you must create a tenant account and provide requested information truthfully. This may include personal details, rental application information, references, employment and income information, etc. You acknowledge that the landlord or property manager will rely on this information in evaluating your tenancy. Providing false or misleading information may result in denial of your application or termination of your lease or account.
Acceptance of Lease Terms: By using Kera to join a property, you may be asked to review and sign a lease or rental agreement (either within Kera or externally). By accepting an invitation to a property and agreeing to the lease terms, you also agree to these Kera Terms and Conditions. You understand that the lease agreement is a contract solely between you and your landlord (or the property owner/manager) and that Kera is not a party to that lease and has no liability arising from it. Any disputes or questions about the lease (such as conditions of the property, promises made by the landlord, etc.) must be resolved with your landlord, not Kera.
Use of Platform Features: Tenants may use Kera’s features to pay rent, submit maintenance requests, and communicate with their landlord or property manager. You agree to use these features responsibly. For example, you will only use the maintenance request system for legitimate repair issues and not for emergency situations that require immediate attention (in an emergency, always contact your landlord directly or call emergency services as appropriate). You will not misuse the messaging system to harass or send unlawful communications.
Payment Obligations: If you use Kera to pay rent or other fees, you are responsible for ensuring that your payment method (credit card or bank account) is valid and has sufficient funds. You authorize Kera and its payment processor (Stripe) to charge your chosen payment method for rent payments and any applicable fees. All payment disputes or questions about amounts (e.g., if you believe you were incorrectly charged rent or a fee) must be addressed directly with your landlord or property manager, as Kera only facilitates the payment and is not responsible for calculating or setting the amounts due. Section 5 below provides more details on Payments.
Tenant Responsibilities: You remain responsible for all obligations under your lease and applicable law, such as keeping the property in good condition, not causing damage, obeying community rules, and so forth. Kera providing a communication or payment tool does not change your legal responsibilities as a tenant. If you have legal issues with your landlord (for example, habitability issues, deposit disputes, eviction notices), those must be handled through the proper legal channels between you and the landlord. Kera is not a dispute resolution service and does not mediate landlord-tenant issues.
Third-Party Fees: Accessing certain services through Kera (for instance, completing a background check or credit check as part of your application) may require payment of fees to third parties or to the landlord. Any such fees will be disclosed to you before you incur them (for example, you might be asked to pay an application screening fee which covers the cost of a background check). You agree that if you approve such a payment, your payment method may be charged the stated fee. All such fees are typically non-refundable regardless of outcome (e.g., even if you are not selected as a tenant, a screening fee may not be refunded)rentspree.com. If you have questions about fees charged by a landlord (such as move-in fees, pet fees, etc.), discuss them with the landlord; Kera does not control those charges.
5. Property Managers or Third-Party Managers
This section applies to users who are managing properties on behalf of owners (e.g., professional property managers, real estate agents managing rentals, or any third party authorized to act for a landlord).
Authorization and Account: By using Kera as a property manager or third-party manager, you represent and warrant that you have been duly authorized by the property owner to manage the property, enter into leases, collect payments, and perform all related functions via the Platform. If requested by Kera, you agree to provide proof of such authority. You must create an account as a “Property Manager” (or similar role) and may manage multiple properties/owners through your account as permitted by Kera’s features.
Responsibilities: As a property manager, you are responsible for all obligations that a landlord would have under these Terms and under any lease, on behalf of the property owner. You must comply with all landlord obligations outlined in Section 2 (Landlords), including compliance with laws, nondiscrimination, maintenance of accurate information, and handling of tenant communications. Any reference to “landlord” in these Terms includes you as a property manager when you are acting on a landlord’s behalf. For example, you are responsible for ensuring leases are valid, responding to maintenance requests, and complying with fair housing laws, just as an owner would be.
Payments to Owners: Kera’s payment system will transfer tenant payments to the account of the user who invited the tenant. If you, as a property manager, invite a tenant, the rent payments will be routed to you (to the bank account you configure through Stripe). It is your responsibility to then remit the funds to the property owner per your separate agreement with that owner. Kera is not responsible for any arrangements between property managers and owners regarding how funds are split or delivered. Kera only facilitates payment to the account on file for the inviting party. Property managers must handle owner funds in compliance with all applicable laws (for instance, maintaining any required trust accounts, if applicable, and providing owners their due payments). Kera disclaims any liability for a property manager’s failure to pay the owner, misuse of owner funds, or other breach of duty to the owner.
Indemnity to Owner: This document is an agreement between you and Kera; however, you acknowledge that if you are a property manager, the property owner is not a party to this agreement. You agree that you will indemnify and hold Kera harmless from any claims by property owners arising from your use of the Platform or your actions (for example, if an owner claims Kera is responsible for your misconduct, you will indemnify Kera as set forth in Section 7). Kera reserves the right to pursue legal action against property managers who misuse the Platform or violate laws, including any actions necessary to protect Kera’s interests or those of tenants/owners (see Section 7).
Licensing and Legal Compliance: If you are acting as a third-party property manager in a jurisdiction that requires property managers to be licensed (such as a real estate brokerage or agent’s license, or a property management permit), you are solely responsible for obtaining and maintaining any such licenses. Kera does not monitor or confirm whether you have any required license. By using the Platform, you represent you are in compliance with any licensing laws. Kera is not liable for any unlicensed property management activity by a user. You also agree to comply with any other legal requirements applicable to property managers (for example, fulfilling obligations to handle security deposits in trust as required by law, providing required disclosures to tenants or owners, etc.).
Termination of Management: If your relationship with a property owner ends (for example, you are fired or you stop managing a property), it is your responsibility to update or close the Kera account for that property and inform Kera and the affected tenants. Kera may, upon request of the owner and with proper verification, transfer a property’s Kera account to a new manager or to the owner directly. You agree to cooperate in good faith during such a transition. You will remain liable under these Terms for any actions taken while your account was linked to the property.
6. Payments and Fees
Kera offers an integrated payment system for rent and related charges, powered by Stripe (a third-party payment processor). The following terms apply to all payment activities on the Platform:
6.1 Payment Processing by Stripe: By using Kera’s payment features, you agree to the processing of payments through Stripe, Inc. (and its affiliates). Stripe is a PCI-compliant payment processor that will handle your financial information. Kera does not store full payment card numbers or bank account numbers on its own servers; such sensitive data is transmitted and stored securely by Stripe. All users may be required to agree to Stripe’s terms and conditions, such as the Stripe Connected Account Agreement, when linking a bank account or card for paymentsstripe.com. You authorize Kera to share with Stripe any information about you (such as your identity details, contact information, and bank account details) as needed to facilitate paymentsinnago.com. Kera does not hold or control the funds transferred; Stripe processes the transaction and directs funds to the intended recipient’s account (minus applicable fees) – typically reaching the landlord’s or property manager’s designated bank account. This means Kera at no point acts as an escrow agent or trustee of rent payments; Kera is a conduit between the payer and Stripe for processing purposes.
6.2 Transaction Fees: Using Kera’s payment system may incur transaction fees, which are used to cover payment processing costs (primarily Stripe’s fees). Kera’s transaction fees are aligned with Stripe’s standard rates: for credit or debit card payments, a fee of 2.9% of the transaction amount plus $0.30 per successful charge will applystripe.com. For bank transfers (such as ACH direct debit or EFT), a flat fee of $5.00 per transaction will apply. These fees may be subject to applicable taxes depending on your region. Kera does not add any additional markup beyond these stated fees for payment processing. The fees are typically automatically deducted at the time of payment processing. For example: if a tenant pays $1000 rent by credit card, $1000 is charged to the tenant, and $1000 minus the fee (which would be $29.00 + $0.30 = $29.30) is forwarded to the landlord’s account. Stripe’s processing fee structure (2.9% + $0.30 for cards, and 0.8% for ACH up to a $5 cap) dictates these amountsstripe.comstripe.com, and Kera simply passes through or facilitates the collection of these fees.
- Fee Changes: Kera reserves the right to adjust these transaction fees if Stripe’s fees change or if Kera changes its pricing policy. Any changes to fees will be communicated in advance and will only apply prospectively (for future transactions).
- Who Pays the Fee: By default (unless otherwise agreed between a landlord and tenant), the transaction fee is deducted from the payment that the landlord or property manager receives. This means the landlord bears the cost of the processing fee (i.e., they receive the rent minus the fee). In some cases, a landlord may choose to pass on this fee to the tenant (for instance, by adding it to the rent or as a separate charge) if permitted by law and agreed to in the lease or payment terms. **If a landlord chooses to shift the fee to the tenant, the tenant will see the fee at checkout or added to the amount due**, and by completing the payment the tenant consents to pay that fee. If not otherwise specified, the **landlord (or inviting property manager) is responsible for the transaction fee**:contentReference[oaicite:12]{index=12}. Both parties should be clear on who absorbs the fee to avoid confusion.
6.3 Payment Scheduling and Authorization: Tenants can initiate one-time payments or set up recurring payments (if available) for rent through Kera. By entering your payment details and scheduling a payment, you authorize Kera and Stripe to charge your selected payment method for the specified amounts on the scheduled dates. It is the tenant’s responsibility to initiate payments in time to meet their rent due date. Kera may offer reminders or auto-pay features as a convenience, but the responsibility to pay on time remains with the tenant. Landlords are responsible for entering correct rent due dates and amounts into the system. Kera is not liable for any late payments or late fees; those matters are between tenant and landlord per the lease terms.
6.4 Failed Payments and Chargebacks: If a payment fails (for example, due to insufficient funds, a declined card, or incorrect account information), Kera will notify the tenant (and possibly the landlord) that the payment was not completed. The tenant must promptly resolve the issue and make the payment. Kera may retry failed transactions in accordance with Stripe’s retry logic or as permitted by the tenant’s authorization. If a tenant’s payment is returned or fails, the tenant may be responsible for any bank fees or charges incurred and the landlord may impose late fees according to the lease. Kera itself does not charge additional fees for failed payments, but Stripe or the banking system might (for example, an ACH return fee), which Kera will pass on to the party whose payment failed.
If a tenant or their bank initiates a dispute or chargeback for a payment (claiming it was unauthorized or seeking to reverse it), the resolution of that dispute will follow Stripe’s processes and the policies of the card issuer or bank. Kera is not the decision-maker in such disputes. We will, however, provide relevant information (such as proof of payment, timing, and any communication logs) to Stripe to help resolve the dispute. The landlord and tenant are expected to communicate about any such issue; for example, if there is a disagreement about whether a payment was owed, that is a dispute under the lease to be resolved between the parties. If a chargeback is granted to the tenant by their bank, it will result in the funds being withdrawn from the landlord’s account (via Stripe) and returned to the tenant. Kera is not liable for any losses to the landlord from chargebacks or payment reversals, but Kera will use commercially reasonable efforts to contest unwarranted chargebacks on the landlord’s behalf when appropriate. Landlords should be prepared to provide documentation to contest chargebacks if needed. If Stripe charges a dispute fee (e.g., ~$15) for a chargeback, that fee will be passed on to the party that Stripe determines to be responsible (typically the landlord, if the landlord is the merchant of record on the transaction).
6.5 No Withholding of Funds by Kera: As noted, Kera does not at any time take possession of rent funds. Funds go directly from the tenant’s payment method to the landlord’s (or property manager’s) designated account after processing, minus fees. Any delays in funds reaching the landlord (such as standard bank processing delays or holds for fraud review) are due to Stripe or banking networks, not because Kera is holding the money. Typically, credit card payments are available to the landlord within a few days, and ACH/direct deposit payments may take several business days to clear. Kera makes no guarantee on the exact timing of fund availability, as that is subject to the Stripe service and banking system.
6.6 Refunds and Reversals: Rent payments are generally non-refundable. Once a payment is made through Kera, Kera cannot unilaterally refund or recall the payment since the funds are delivered to the landlord. If a tenant requires a refund (for example, if a payment was made in error or an overpayment), they must contact the landlord to arrange the refund. The landlord may then work with the tenant off-platform or use Stripe’s refund capabilities to return the money. Note that Stripe’s transaction fees are usually not returned on refunded payments. Kera is not responsible for issuing refunds and will not debit a landlord’s account to refund a tenant without the landlord’s authorization or a valid legal order. If a payment must be reversed due to a dispute resolution or error, Kera will facilitate the reversal through Stripe if possible, but ultimate responsibility lies with the parties involved. All payment disputes must be resolved between the tenant and landlord (or property manager); Kera bears no responsibility for mediating such disputes or for the outcome.
6.7 Stripe Terms and Liability: Because payments on Kera are processed by Stripe, users agree to abide by Stripe’s Acceptable Use Policy and any other relevant Stripe terms. Certain activities (for example, payments related to illegal transactions or certain high-risk activities) are prohibited by Stripe, and therefore are prohibited on Kera. Kera reserves the right to decline or cancel any transaction that we believe violates Stripe’s rules or the law. Kera is not liable for any payment processing errors or outages caused by Stripe. However, we will work in good faith to resolve any issues within our control. In the event Stripe holds funds or rejects a transaction for fraud prevention or compliance reasons, Kera will communicate any information we have to the affected users, but Kera has no control over Stripe’s decisions. Users should ensure they also familiarize themselves with Stripe’s privacy policy and security measures, as those will govern the handling of financial data.
6.8 Fees for Optional Services: Besides transaction fees for payments, Kera currently does not charge separate subscription fees to use the Platform’s basic features (registration is free for landlords and tenants). If Kera introduces any premium features or services for a fee, those will be subject to additional terms and clear disclosure of pricing. This section focuses on transaction-based fees, but all users are responsible for any taxes or government charges that may apply to their use of Kera (for example, sales taxes on services, or income taxes on rent received by landlords – although Kera does not withhold or handle taxes on rent, landlords must report their rental income as required by law).
7. Background Checks
Kera offers the ability for landlords or property managers to conduct background screening on prospective tenants through a third-party service. By using the background check features, you agree to the following:
7.1 Use of Certn for Screening: Kera uses Certn (certn.co), a third-party background check provider, to perform background screenings (which may include credit checks, criminal record checks, employment verifications, and other information, depending on the package or checks requested). When a landlord requests a background check on a prospective tenant through Kera, Certn will handle the collection of the applicant’s information and the preparation of the background report. Certn is a consumer reporting agency and Kera is purely a facilitator of this process, passing the request and results between the landlord and Certnrentspree.com. Kera itself does not conduct background research, does not make phone calls or inquiries, and does not create the content of the reports. Kera is not a “consumer reporting agency” as defined in the FCRA or similar laws, and the background reports are generated by Certn (or its data sources), not by Kerarentspree.com.
7.2 Consent and Authorization: No background check will be conducted through Kera without the explicit consent of the person being screened. It is illegal to run a background check on an individual without their authorizationcertn.co. If you are a tenant or applicant, you will receive a request (for example, via email or through your Kera account) to provide consent and any required information (such as your Social Insurance Number or Social Security Number, date of birth, previous addresses, etc.) to initiate the background check. By providing the requested information and affirmatively consenting (such as clicking “I agree” or signing electronically), you authorize Kera and Certn to conduct the background screening. If you do not provide consent, no check will be done, but the landlord may then choose not to proceed with your application. Landlords and property managers agree that they will only request background checks for legitimate tenant screening purposes and that they will obtain and document the necessary consent from applicants. Kera may require landlords to certify that they have the applicant’s permission before enabling the background check request.
7.3 Compliance with Credit Reporting Laws: Landlords acknowledge that they must comply with all laws governing the use of background and credit reports. In the U.S., this means compliance with the FCRA and any state laws (for example, providing applicants with required disclosures and adverse action notices if you decline them based on information in a report)innago.com. In Canada, landlords must comply with applicable privacy legislation (such as PIPEDA or provincial laws) and obtain written consent for credit reports or criminal checks. Kera is not responsible for a landlord’s legal compliance; Kera only provides the tools to obtain the report. Landlords are strongly advised to familiarize themselves with their obligations (for instance, not to misuse the information, not to keep reports for longer than necessary, etc.). You, as the landlord/property manager, agree to indemnify Kera for any claims arising from your illegal or improper use of background check information (see Section 7).
7.4 Report Availability and Accuracy: Once a background check is completed, the resulting report will be made available to the requesting landlord or property manager (usually through the Kera dashboard or via a secure link). The applicant (tenant) may also receive a copy or a separate communication from Certn as required by law. Kera does not alter or review the content of the report; we deliver it “as is” from Certn. We do not guarantee that the report is accurate, up-to-date, or completeinnago.com. The information in the report comes from third-party databases and sources over which Kera has no control. If you are a tenant/applicant and believe there is an error in your background check report, you should contact Certn or the source agency directly to dispute or correct the information. Kera cannot change or remove entries from a report, and we are not responsible for any inaccuracies in those reportsrentspree.com.
7.5 Use of Report & Decision Making: The background report is provided to the landlord for their consideration in the rental application process. Kera does not make rental decisions or recommendations – the decision to approve or deny an applicant is solely up to the landlord. Kera does not score applicants or provide any “pass” or “fail” notification; we simply provide the data (via Certn). Landlords should use the report in a fair and non-discriminatory manner. It is the landlord’s responsibility to follow through with any required notices (e.g., if in the U.S., providing an adverse action notice with a copy of the report and the applicant’s rights if they decline the applicant based on the report). Kera is not liable for any decision the landlord makes, even if based on incorrect or unlawful use of report information. Similarly, Kera is not liable to the landlord if the report fails to uncover information (for example, if the report misses a criminal record or eviction history); the landlord uses the report at their own risk and should consider conducting additional due diligence as appropriate.
7.6 Privacy and Data Use: Information collected for background checks will be transmitted to Certn and used for the purpose of preparing the report. Kera and Certn will handle this data in accordance with their respective privacy policies and applicable law. Kera will not use background check information for any purpose other than providing the screening service to the landlord and to the applicant. Certn may retain the information and report as required by law (for example, FCRA requires certain records to be kept for a time). Kera will maintain a record that a background check was done for compliance and auditing, but will not share the report with anyone other than the requesting landlord (and the applicant, as required).
7.7 Fees for Background Checks: In many cases, background checks will involve a fee charged by the third-party (Certn). The responsibility for payment of this fee can vary. Sometimes, the landlord will pay the fee as part of their account with Kera or Certn; other times, the landlord may require the tenant/applicant to pay the fee (for instance, as an application fee). Kera may facilitate the collection of this fee via Stripe. The amount will be disclosed (e.g., “Background check fee: $X”) before the check is run. All such fees are non-refundable once the check is completed, regardless of the outcome or if the applicant is not offered the lease, because they cover the cost of the report generation. If an applicant withdraws after paying for a background check that has not yet been processed, the landlord can decide whether to refund that fee; Kera itself does not automatically refund screening fees after the process has started.
8. Legal Disclaimers and Indemnity
8.1 Platform Provided “As Is”: Kera provides the Platform and all services on an “AS IS” and “AS AVAILABLE” basis, without any warranties of any kindpublicityvine.cominnago.com. To the fullest extent permitted by law, Kera disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Kera does not guarantee that the Platform will be uninterrupted, error-free, secure, or free of viruses or other harmful componentspublicityvine.com. Any material or data obtained through Kera is at your own discretion and risk. Kera makes no warranty that the information (including any content or user data) provided on the Platform is accurate, reliable, or complete. For example, Kera does not warrant the accuracy of any rental listings, tenant information, background check content, or communications between users. No advice or information, whether oral or written, obtained from Kera or through the Platform, will create any warranty not expressly made herein.
8.2 Limited Liability: To the maximum extent permitted by law, Kera and its affiliates, officers, employees, and agents will not be liable to you for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to your use of (or inability to use) the Platform or services, or any transaction or relationship between users of the Platformpublicityvine.com. This includes, without limitation, damages for lost profits, lost data, business interruption, or the cost of substitute services, even if Kera has been advised of the possibility of such damages. Kera’s total cumulative liability for all claims arising from or related to the Platform or these Terms shall not exceed the total fees (if any) paid by you to Kera in the twelve (12) months prior to the event giving rise to the liability. For example, if you are a landlord who paid $50 in transaction fees to Kera in the past year, and you have a claim, Kera’s liability to you would be capped at $50. In jurisdictions that do not allow the exclusion or limitation of certain damages, Kera’s liability will be limited to the fullest extent allowed by law.
8.3 No Liability for User Conduct or Disputes: Kera is not responsible for the actions or omissions of any user (landlord, tenant, property manager, or otherwise). Because Kera is not a party to rental agreements and does not control what users do or say, you agree that Kera has no liability for any dispute, injury, or claim arising between users. This includes, but is not limited to, issues such as payment disputes, lease breaches, property damage, personal injuries at a rental, security deposit disputes, or any other landlord-tenant or tenant-manager conflictpublicityvine.com. Users are solely responsible for resolving their disputes through the proper legal or informal channels. You hereby release Kera from any and all claims, demands, and damages arising out of disputes between you and any other user of the Platforminnago.com. For example, if you are a tenant and have a disagreement with your landlord over repairs or a landlord believes a tenant damaged property, that is solely between the landlord and tenant – Kera shall not be named or involved in any such claim. Furthermore, Kera is not responsible for ensuring that landlords or tenants fulfill their obligations under a lease; any failure by a landlord to provide services or by a tenant to pay rent is outside Kera’s control and responsibility.
8.4 No Professional Advice: Any information available on Kera (such as blog posts, help articles, templates, or guidance provided by Kera’s customer support) is for general informational purposes only and is not legal, financial, or professional advice. You should consult appropriate professionals for advice on legal or financial matters (for example, lease contract terms, eviction processes, accounting and taxes on rental income, etc.). Kera does not provide legal representation or mediation services, and communications with Kera’s support team are not protected by any attorney-client or similar privilege.
8.5 Indemnification: You agree to defend, indemnify, and hold harmless Kera, its parent company, affiliates, and their respective directors, officers, employees, and agents (the “Kera Parties”) from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or in connection with: (a) your use of the Platform or services (including, for landlords/property managers, any claims by tenants or third parties arising from your rental practices, or for tenants, any claims by landlords or others arising from your conduct as a tenant); (b) your violation of these Terms or of any applicable law or regulation; or (c) your infringement of any rights of any other person or entity. This indemnification obligation extends to any claims arising from the content you input or actions you take on the Platform, any breach of contract or duty you commit outside of the Platform (for example, a breach of your lease or management agreement that leads to a third-party claim against Kera), and any use of background check information in violation of law. For instance, if you as a landlord unlawfully discriminate against an applicant or misuse their background report and the applicant brings a claim against Kera, you agree to indemnify Kera for all costs and liabilities incurred as a resultinnago.cominnago.com.
In addition, you agree that Kera is not responsible for the acts or omissions of other users, and you will not attempt to hold Kera liable for any issues caused by another user. In fact, to the extent a third party’s actions (e.g., another user’s fraudulent act) causes you or someone else to sue Kera, you will indemnify and hold Kera harmless from those claims as well, since Kera is not in control of its usersinnago.com. This means, for example, if a tenant claims that a landlord misused their personal information or defrauded them and tries to include Kera in the lawsuit, the landlord must indemnify Kera; conversely, if a landlord claims a tenant violated something and drags Kera into it, the tenant would indemnify Kera.
Kera reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. If Kera does so, you agree to cooperate with Kera’s defense of that claim and you shall still remain responsible for the indemnity obligations.
8.6 Legal Actions and Remedies: Kera reserves the right to pursue any and all legal remedies against users who engage in misconduct or violate these Terms. This includes, but is not limited to, suspending or terminating accounts (with or without notice) and, if necessary, taking legal action to recover damages, enforce compliance, or seek injunctive relief. In particular, if a landlord or property manager’s actions cause Kera to suffer any loss or expose Kera to liability, Kera may seek compensation from that user. If you are a landlord or property manager and you engage in fraudulent activities, misuse of funds, unpermitted use of the Platform, or any illegal practices, Kera may report such activities to law enforcement and pursue civil action. Nothing in these Terms limits Kera’s right to enforce its rights directly through court proceedings or other legal processes.
8.7 No Third-Party Beneficiaries: These Terms are for the benefit of you and Kera (and described Kera Parties) only. Except for the Stripe and Certn terms incorporated by reference for those providers, and Kera’s affiliates covered by indemnity, there are no third-party beneficiaries to these Terms. This means that, for example, even though your tenant or landlord has rights against you outside of these Terms, they cannot claim rights under this contract between you and Kera.
8.8 Governing Law and Jurisdiction: (Applicable law clause, if operating Canada-wide and US-wide, Kera might specify a governing law. [For the purposes of this Terms template, we’ll assume a governing law clause:] ) These Terms and any dispute arising out of or related to these Terms or the Platform shall be governed by the laws of the Province of Ontario (if in Canada) or the State of [State] (if in the US), without regard to its conflict of law principles, depending on the location of the property or as determined by Kera’s operating entity. By using Kera, you agree to submit to the personal jurisdiction of the courts located in Kera’s place of incorporation or operation for the resolution of any disputes that are not subject to arbitration (if any). Kera may include a separate arbitration clause or dispute resolution mechanism here if desired.
8.9 Entire Agreement; Severability: These Terms (and any policies or documents incorporated by reference, such as our Privacy Policy) constitute the entire agreement between you and Kera regarding the Platform. They supersede any prior agreements or understandings (whether oral or written) about the Platform. If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, that provision will be severed to the minimum extent necessary, and the remainder of the Terms will remain in full force and effect. Kera’s failure to enforce any right or provision of these Terms is not a waiver of that right or provision.
8.10 Contact Information: If you have any questions about these Terms or need to contact Kera for any reason, please refer to the contact details provided on our website (such as an official support email or mailing address). Any notices to Kera should be sent in writing to the address specified on our website, and any notices to you will be sent to the contact information you have provided in your account.
By using the Kera Platform, you acknowledge that you have read, understood, and agree to these Terms and Conditions.
