1. Acceptance of the Terms of Service
Pingou Corp. ("Pingou", "we", "us") operates the website www.pingou.io, including any subdomains, mobile applications, or other extensions (collectively, the "Website"). The Website is offered and available only to users who are 18 years of age or older and who reside in the United States or any of its territories or possessions. By using or accessing the Website, (1) you represent and warrant that you are of legal age to form a binding contract and meet the foregoing eligibility requirements, and (2) you agree to these Terms of Service (the "Terms"). If you do not meet all of the foregoing requirements, or if you do not agree to the Terms, then you must not access or use the Website.
2. About the Website and Pingou’s Role
Pingou is a rent payment platform designed to facilitate online rent collection from tenants by landlords. Our services include payment processing and other related functionalities to streamline the rent collection process. While we facilitate transactions between landlords and tenants (referred to herein as "users"), we are not a party to any rental contracts or agreements between users. Pingou is not a landlord, property manager, broker, or agent for any user. We do not offer legal or financial advice.
3. Accessing the Website
To access the Website or some of the resources it offers, you may be asked to provide certain information or registration details. It is a condition of your use of the Website that all the information you provide is correct, current, and complete.
4. Use of the Website
You agree to use the Website only for lawful purposes in accordance with these Terms. You must not use the Website:
- In violation of any federal, state, local, or international law or regulation.
- To exploit or harm minors in any way.
- To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," or "spam".
- To impersonate or attempt to impersonate Pingou, a Pingou employee, another user, or any other person or entity.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website.
- Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
5. User Content and Contributions
The Website may include interactive features that allow users to post, submit, publish, display, or transmit content or materials to us or other users. All user contributions must comply with the content standards and use obligations set out in these Terms, including clause 4. Any user contribution you post will be considered non-confidential and non-proprietary.
6. Monitoring and Enforcement; Termination
We have the right to:
- Remove or refuse to post any user contributions for any or no reason.
- Take any action with respect to any user contribution that we deem necessary or appropriate.
- Terminate or suspend your access to all or part of the Website for any or no reason, including any violation of these Terms.
7. Reliance on Information Posted
Content and information available on or through the Pingou Website are provided for general informational purposes and to support the interactive services offered on the platform. Despite our efforts to ensure that information on the Website is current and reliable, Pingou does not guarantee the accuracy, completeness, or practicality of this information. Your reliance on any information from the Website is at your own risk, and we are not liable for any loss or damage that may arise from such reliance.
Moreover, while Pingou implements measures to help safeguard users against fraudulent or illegal activities, including the use of third-party identity verification services to validate user identities before granting access to certain Website features (like credit report requests or electronic payment services), we cannot assure the absolute effectiveness of these measures nor the definitive accuracy of any user’s identity. If we indicate that a user's identity has been verified, it only means that the user has met the identity verification criteria set by our third-party service providers. This does not guarantee the user's actual identity. As such, you bear the risk when engaging in transactions with other users or third parties through the Website.
The Website may also feature content from third parties, including materials from users, bloggers, third-party licensors, syndicators, aggregators, and reporting services. Statements, opinions, articles, responses to questions, and other content, except for those explicitly provided by us, represent the views and responsibilities of their respective authors or creators and do not necessarily align with Pingou's perspective. Pingou is not responsible or liable for the content or accuracy of any materials provided by third parties.
8. Rental Listings
WHEN POSTING A PROPERTY LISTING ON THE WEBSITE OR UTILIZING PINGOU'S RENTAL MARKETING SERVICES, YOU AFFIRM AND GUARANTEE THAT YOU ARE THE LEGITIMATE OWNER OF THE PROPERTY IN QUESTION, OR THAT YOU ARE THE DULY AUTHORIZED AGENT OR REPRESENTATIVE OF THE PROPERTY OWNER. THIS REPRESENTATION ENSURES THE AUTHENTICITY AND ACCURACY OF THE INFORMATION PROVIDED IN YOUR PROPERTY LISTINGS AND ADHERES TO THE STANDARDS AND REQUIREMENTS SET FORTH BY PINGOU FOR PROPERTY POSTINGS.
9. Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
10. Information About You and Your Visits to the Website
All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
11. Financial Data
For financial transactions and data processing, Pingou exclusively utilizes the services of Stripe, Inc. ("Stripe"). By using the Website, you authorize Pingou and Stripe to act on your behalf in accessing and transmitting your personal and financial information from your financial institutions as necessary for transaction processing. This includes your consent for your personal and financial information to be transferred, stored, and processed by Stripe in accordance with the Stripe Privacy Policy. It's important to understand that this process is essential for the effective operation of our rent payment platform, ensuring secure and efficient transactions between landlords and tenants.
12. Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a fair and legal way that does not damage our reputation or take advantage of it. The Website may provide certain social media features that enable you to link to or share certain content.
13. Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures to satisfy your particular requirements for anti-virus protection and accuracy of data input and output.
14. Limitation on Liability
In no event shall Pingou, its affiliates, licensors, service providers, or any of their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns (collectively referred to as the "Protected Entities") be held liable for any type of damages arising from your use, or inability to use, the Website, any linked websites, the content on the Website or such other websites, or any services or items obtained through the Website or such other websites. This includes, but is not limited to, direct, indirect, special, incidental, consequential, or punitive damages, such as personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, or loss of data, whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.
However, the total cumulative liability of the Protected Entities for any claims arising from or related to the Website, whether in contract, tort, or otherwise, shall not exceed the lesser of the total payments received by us from you during the twelve (12) months prior to the claim or $100. Furthermore, you agree that any legal action or proceeding arising out of or related to the Website or these Terms must be initiated within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.
The limitations set forth above do not affect any liability that cannot be excluded or limited under applicable law.
15. Pingou Text Messaging (SMS) Service
Pingou offers an SMS service to enhance communication and provide timely updates for users. This service includes:
For Landlords:
- Alerts when a message is received from a renter using Pingou's messaging system.
- Phone number verification for fraud protection and account verification.
- Notifications when an interested renter contacts the landlord through Pingou's call forwarding service.
For Tenants:
- Notifications from landlords inviting the renter to apply to a property or complete a pre-screening questionnaire.
- Alerts when a landlord sends a message to the renter through Pingou's messaging platform.
Opting Out: Users can opt out of the SMS service at any time by texting “STOP” to our provided short code. Upon receipt of your “STOP” message, we will send a confirmation text to confirm your unsubscription. You will no longer receive SMS notifications from the opted-out service thereafter.
Assistance and Support: For assistance with the SMS service, reply with “HELP” for further guidance, or contact us directly at [email protected] for more in-depth support.
Consent and Rates: By opting into the Pingou SMS service, you consent to receive text messages from us. Please be aware that standard message and data rates may apply for any messages sent to you from us and those you send to us. Our SMS service is designed to send messages only in response to specific actions and does not include recurring messages.
Privacy Concerns: If you have any questions regarding your privacy or how we handle your data in relation to our SMS service, please refer to our Privacy Policy.
16. Payment Transactions
On the Pingou platform, you have the capability to conduct payment transactions, such as making or receiving rent payments. While Pingou facilitates these transactions, it is important to note that we are not a party to these transactions. The transfer of funds is between users (i.e., between tenants and landlords), and Pingou does not take custody of the money transferred.
Fees for Transactions:
- Payments initiated via a checking account using the ACH network may incur a processing fee of 0.80% per transaction with a maximum fee of $5.00, which is dependent on the landlord's subscription status.
- Credit card or debit card payments will be subject to an additional convenience or processing fee, which will be added to the total payment amount. This fee is borne by the party initiating the payment. There is no fee for receiving payments via the Website.
Accuracy and Authorization: It is crucial that all bank account, ACH information, and credit or debit card details provided for payment transactions are accurate and current. Authorizations for recurring automatic payments will remain effective until they are canceled. Either party involved in a recurring payment arrangement can cancel it at any time through their account settings on the Website or by contacting our support team. However, any transaction in process at the time of cancellation will be completed before the cancellation takes effect.
Use of Stripe for Transactions: Pingou employs Stripe for executing online payment transactions. By using this payment feature on our Website, you agree to the terms of the Stripe Connected Account Agreement, which is subject to changes and can be reviewed on Stripe's website. Your banking and payment information will be used and disclosed as necessary for processing transactions authorized through the Website.
Incomplete Payments and Disputes: If a payment you initiate does not complete for any reason, including insufficient funds, you may be subject to late fees, penalties, or NSF (non-sufficient funds) charges. You are responsible for resolving the non-payment by initiating a new transaction or alternative payment method, including covering any incurred fees or charges. In case of payment reversals, chargebacks, or disputes, you authorize Pingou and our payment service providers to manage these issues, including debiting the disputed funds from your account. In situations where sufficient funds aren't available in your account, you agree to promptly settle any outstanding amounts upon our request.
Handling of Disputes and Chargebacks: Should Pingou receive a dispute notice from a bank or credit card company used for a payment on the Website, we reserve the right to reverse the charge based solely on the receipt of this dispute notice. Excessive chargebacks, reversals, or disputes may lead to account deactivation.
Collection and Reimbursement: For unresolved chargebacks, reversals, or disputes, the owed amounts are payable to Pingou and may be forwarded to a collections agency. Failure to fulfill payment obligations, including reimbursements for chargebacks or reversals, can lead to termination of your account. In instances of fraudulent or erroneous transactions, or if we receive a chargeback or reversal for any reason related to a transaction you are involved in, you agree to reimburse us. We reserve the right to seek such reimbursement by charging your account or other lawful means.
Disclaimer: Pingou is not a collection agency and does not assure or take on the risk of any payment by any third party in connection with payment transactions conducted through the Website.
17. Legal Information and Forms
Pingou's Website may offer general legal information and access to various self-help, "fill in the blank" forms, including leases and other legal documents. These resources are provided "as is" and without any kind of warranty, either expressed or implied. By using these resources, you acknowledge that Pingou is not providing legal advice and is not engaged in the practice of law. The information and forms might not be specific to your individual needs and are not a replacement for professional legal advice. You should not rely solely on this information or forms without seeking advice from qualified legal counsel. Additionally, the information and forms available on the Website may not be up-to-date, comprehensive, or applicable to your jurisdiction. Users are encouraged to consult their legal counsel to ensure proper usage of these forms and to confirm their applicability with respect to state and local laws, court decisions, and any statutory changes. Pingou holds no responsibility for any user's use of these forms, and users agree to use them at their own risk and to indemnify Pingou from any disputes arising from their use.
The forms provided by Pingou or its third-party vendors are protected by copyright law. When you purchase any forms from Pingou, you are granted a limited, personal, non-exclusive, non-transferable license for your own personal internal business use. Except as allowed under applicable law, you may not modify, copy, reproduce, create derivative works from, reverse engineer, alter, or exploit the forms in any way, other than filling them out for authorized use. You must not remove any copyright notices from the forms, nor sell, license, or redistribute them or any derivatives thereof.
18. Fees
Some features and functionalities on the Website are available free of charge, while others may require a one-time fee, subscription, or other payment structure. When accessing these features, you are purchasing a license to use them, not the features themselves. This license may not transfer across different operating systems or devices. Pingou reserves the right to change or increase fees for access to parts of the Website or its features. All fees are considered earned upon charging and are non-refundable.
Subscribing to Pingou’s services, including Premium Plan Services, grants access only to those services paid for or subscribed to and does not modify any other obligations or requirements. Violating these requirements may result in Pingou terminating or suspending your access to the Website and its services.
19. Intellectual Property Rights
The content, features, and functionality of the Website, including information, software, text, displays, images, video, audio, and their arrangement, are owned by Pingou, its licensors, or other material providers. They are protected by U.S. and international copyright, trademark, patent, trade secret, and other intellectual property laws.
You may not use the Website's material beyond what is explicitly authorized in these Terms. This includes reproducing, distributing, modifying, creating derivative works from, publicly displaying, publicly performing, republishing, downloading, storing, or transmitting any material, except under the following conditions:
- Temporary storage in RAM or as cached by your browser.
- Printing or downloading a reasonable number of pages for personal, non-commercial use.
- Downloading applications provided by Pingou for personal, non-commercial use, subject to end user license agreements.
You must not alter any material from the Website or remove any copyright, trademark, or proprietary notices. Requests for permissions beyond those outlined here should be directed to [email protected].
20. Trademarks
Pingou’s name, logos, and related service marks are owned by Pingou or its affiliates or licensors. You must not use these marks without prior written permission. Other trademarks on the Website are the property of their respective owners.
21. Copyright Infringement
Pingou takes copyright infringement seriously and complies with the DMCA. To report alleged infringement, send a DMCA Notice to our Copyright Agent, including your signature, identification of the infringed work, precise location of the infringing material, your contact details, and statements of good faith belief, accuracy, and authority to act.
Our Copyright Agent's contact information is: [email protected]
Appropriate actions will be taken following DMCA guidelines. Non-compliant inquiries may not receive a response.
22. Geographic Restrictions
Pingou is based in Florida, United States, and our Website is intended for use exclusively by individuals located within the United States. We do not claim that the Website or its content is accessible or suitable for use outside of the United States. Accessing the Website may not be legal for certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with your local laws.
23. Disclaimer of Warranties
Your use of the Website, including any features, functionality, services, and content provided through the Website, is at your sole risk. The Website is provided on an “as is” and “as available” basis without any warranties of any kind, either express or implied. To the fullest extent permissible under law, we disclaim all warranties, including, but not limited to, warranties that: (1) the Website will meet your requirements; (2) the Website will be uninterrupted, timely, secure, or error-free; (3) the information or results obtained from the use of the Website will be accurate or reliable; and (4) the quality of any products, services, information, or other material purchased or obtained by you through the Website will meet your expectations.
24. Limitation of Liability
In no event will Pingou, its affiliates, licensors, service providers, or their respective officers, directors, employees, contractors, agents, or successors be liable for any damages arising from your use or inability to use the Website or any linked websites, including direct, indirect, incidental, punitive, and consequential damages, even if foreseeable. This includes damages for personal injury, pain and suffering, emotional distress, loss of revenue, profits, business, data, or use, whether based in contract, tort (including negligence), or otherwise.
Notwithstanding the above, our total liability to you for all damages will not exceed the greater of $100 or the total payments received by us from you during the twelve (12) months prior to the cause of action. You agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action accrues, otherwise it is permanently barred.
This limitation of liability section does not affect any liability that cannot be excluded or limited under applicable law.
25. Indemnification
You agree to defend, indemnify, and hold harmless Pingou and its affiliates, licensors, service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from any claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising from your violation of these Terms or your use of the Website.
26. Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of the State of Florida, excluding its conflict of law principles. Any legal proceedings arising from or related to the Website or these Terms shall be brought exclusively in the state or federal courts located in Miami, Florida, and you waive any objections to such jurisdiction or venue.
27. Dispute Resolution
Disputes between you and Pingou should initially be addressed by contacting us at [email protected]. If unresolved within 30 days, such disputes may be submitted to arbitration under the rules of JAMS in Miami, Florida. This arbitration agreement is governed by the Federal Arbitration Act. Notwithstanding the above, you and Pingou retain the right to seek interim relief from a court of competent jurisdiction, and certain disputes may be resolved in small claims court.
This arbitration will be conducted on an individual basis and not in a class or representative action. If any part of this arbitration clause is deemed unenforceable, then the entire arbitration clause is void.
28. No Class Actions
You and Pingou waive any right to pursue disputes on a class-wide basis, either by joining claims with other individuals or entities or by asserting claims in a representative capacity.
29. No Trial by Jury
To the extent permitted by law, both you and Pingou waive any right to trial by jury in any lawsuit, arbitration, or other proceeding.
30. Miscellaneous
The failure of either party to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. The use of section headings in these Terms is solely for convenience and will not have any impact on the interpretation of particular provisions.
In the event that any provision of these Terms is found to be unlawful, void, or unenforceable, such provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. For instance, should any part of these Terms be declared unenforceable by an arbitrator or a court, only that specific part will be removed, leaving the remaining Terms intact and enforceable.
These Terms represent the entire agreement between you and Pingou regarding the subject matter hereof, superseding any prior agreements or understandings (both written and oral) relating to such subject matter.
You may not assign, transfer, or delegate these Terms or any rights or obligations herein without Pingou's prior written consent. Any unauthorized assignment or delegation by you will be considered null and void. Pingou reserves the right to freely assign these Terms and its rights and obligations without consent or notice.
31. Your Comments and Concerns
For any feedback, comments, requests for technical support, or other inquiries about the Website, please contact us at [email protected]. We welcome your questions and input and are committed to improving our services based on your feedback.
Thank you for using Pingou. We appreciate your trust in our platform and are here to assist you with any concerns or questions you might have.