Terms of Service
Schedularly LLC
Welcome to Schedularly. Schedularly is a specialized platform dedicated to empowering renters by providing a secure, centralized system for maintaining and porting a comprehensive, verifiable rental record and history. Our mission is to transform the apartment application process by giving renters control over their documentation, establishing instant credibility with future landlords, and streamlining the verification process.
These Terms of Service ("Terms") govern your access to and use of the Schedularly platform, website, and related services (collectively, the "Service"), operated by Schedularly LLC ("Schedularly," "we," "us," or "our"). By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree, do not access or use the Service.
1. Definitions
The following capitalized terms have the meanings set forth below:
2. User Roles, Eligibility, and Account Registration
2.1 Eligibility
To use the Service, you must be at least eighteen (18) years of age, legally capable of entering into a binding contract under applicable law, and not prohibited from using the Service under the laws of your jurisdiction.
2.2 Tenant Accounts
As a Tenant, you represent, warrant, and agree to:
- Provide accurate and truthful self-reported rental history at the time of entry.
- Promptly update your Rental Record to reflect material changes in your rental history.
- Only authorize disclosure of your Rental Record to Landlords with whom you have a legitimate housing relationship or inquiry.
- Not impersonate any other person or misrepresent your identity or rental history.
- Maintain the confidentiality of your account credentials and notify Schedularly immediately of any unauthorized access.
- Acknowledge that self-reported entries are not independently verified by Schedularly and may be subject to Landlord review.
2.3 Landlord Accounts
As a Landlord, you represent, warrant, and agree to:
- Provide accurate, truthful, and complete information in all Landlord Verifications.
- Only submit Landlord Verifications for tenancies in which you had a direct, documented landlord-tenant relationship.
- Comply with all applicable federal, state, and local fair housing and anti-discrimination laws when reviewing or using Rental Records.
- Not use the Platform to collect, store, or share information prohibited by applicable law, including protected class information under the Fair Housing Act.
- Maintain appropriate authorization and consent before entering any personal data about a Tenant.
- Not access Rental Records for any purpose other than evaluating a legitimate rental application from the Tenant who has granted Authorized Disclosure.
3. Tenant Consent and Limited License
Grant of License. By creating a Tenant account and using the Service, you grant Schedularly a limited, non-exclusive, revocable, royalty-free license to store, process, and — solely upon your Authorized Disclosure — share your Rental Record with specific Landlords you designate.
Scope of License. This license is strictly limited to the purposes of operating the Platform and sharing your Rental Record in accordance with your instructions. Schedularly will not sell, license, or otherwise transfer your Rental Record to any third party outside of an Authorized Disclosure, except as required by law or as described in our Privacy Policy.
Authorized Disclosure Process. To authorize disclosure of your Rental Record to a specific Landlord, you must complete the in-Platform authorization flow, which requires your affirmative action (e.g., clicking "Authorize" and confirming the Landlord's identity). Each Authorized Disclosure is specific to the named Landlord and the date of authorization. You may revoke an Authorized Disclosure at any time by accessing your account settings; however, revocation does not affect information already lawfully accessed by the Landlord prior to revocation.
No Third-Party Disclosure Without Consent. Schedularly will not share your Rental Record with any party other than a Landlord you have specifically authorized, unless compelled by a valid legal process (e.g., court order or subpoena), in which case Schedularly will notify you to the extent permitted by law.
4. Data Dispute and Correction
Schedularly is committed to providing a fair mechanism for Tenants to challenge inaccurate information in their Rental Records. The following procedure governs all disputes.
4.1 How to Flag an Inaccurate Entry
A Tenant who believes a Landlord Verification entry is inaccurate, incomplete, or misleading may initiate a dispute by:
- 1Navigating to the disputed entry in their Rental Record dashboard.
- 2Clicking the "Dispute This Entry" action associated with the specific entry.
- 3Completing the Dispute Form, which requires: (a) identification of the specific field(s) in dispute; (b) a clear written explanation of the alleged inaccuracy; and (c) upload of any supporting documentation (e.g., bank statements, lease agreements, written correspondence).
- 4Submitting the Dispute Form. Upon submission, Schedularly will send a confirmation to the Tenant and a notification to the relevant Landlord.
4.2 The Thirty (30)-Day Review Period
Upon submission of a dispute, a thirty (30) calendar day Review Period commences. During the Review Period:
- The disputed entry will be flagged as "Under Review" on the Tenant's Rental Record. Any Landlord accessing the Record during this period will see this designation.
- The Landlord who submitted the original entry will receive notice of the dispute and is expected to review the Tenant's supporting documentation and respond via the Platform.
- The Landlord may: (a) confirm the original entry is accurate and provide a written explanation; (b) agree to correct or retract the entry; or (c) take no action, which constitutes non-response.
- If the Landlord confirms the accuracy of their entry, the disputed flag will be updated and the Tenant will be notified of the outcome.
- If the Landlord agrees to correct or retract the entry, Schedularly will update the Rental Record accordingly within five (5) business days.
- If the Landlord does not respond within the Review Period, Schedularly will flag the entry as "Unresolved — Landlord Non-Response" and notify the Tenant of their right to add a Rebuttal Statement.
4.3 Schedularly's Role as Information Processor
4.4 Tenant's Right to Add a Rebuttal Statement
If a dispute remains unresolved after the thirty (30)-day Review Period — whether because the Landlord confirmed their entry or did not respond — the Tenant has the right to add a Rebuttal Statement to their Rental Record.
The Rebuttal Statement:
- Must be submitted within sixty (60) days of the dispute resolution notification.
- May not exceed five hundred (500) words.
- Will be permanently attached to the disputed Landlord Verification entry and displayed to any Landlord who accesses the Rental Record.
- May not contain defamatory, harassing, or unlawful content. Schedularly reserves the right to remove a Rebuttal Statement that violates these Terms.
- Does not constitute Schedularly's endorsement of the Tenant's position or a finding of inaccuracy regarding the disputed entry.
5. Fair Credit Reporting Act (FCRA) Compliance
Schedularly is not a consumer reporting agency and the Rental Record is not a consumer report under the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. ("FCRA"). Accordingly:
- Landlords who access a Rental Record through the Platform may not use it as the sole basis for adverse action (e.g., application denial) under the FCRA and must independently comply with any applicable state or local laws governing the use of tenant screening information.
- Schedularly does not provide a "permissible purpose" certification under FCRA § 604. Landlords are solely responsible for ensuring their use of Rental Records complies with applicable law.
- If a Landlord independently determines that a Rental Record qualifies as a consumer report under applicable law, the Landlord — not Schedularly — bears responsibility for compliance with the FCRA, including adverse action notice requirements.
- Schedularly does not generate creditworthiness scores, tenant scores, or any numerical ranking derived from the Rental Record data.
6. Fair Housing Act (FHA) Compliance
The Fair Housing Act, 42 U.S.C. § 3601 et seq. ("FHA"), prohibits discrimination in housing on the basis of race, color, national origin, religion, sex, familial status, and disability. Schedularly is committed to supporting a fair and equitable housing marketplace.
By using the Platform, Landlords expressly agree and acknowledge that:
- The Platform provides a record of rental history. All housing decisions — including whether to accept, deny, or further screen a rental applicant — are made solely by the Landlord, not by Schedularly.
- Landlords are solely and exclusively responsible for making housing decisions in compliance with the FHA and all applicable state and local fair housing laws.
- No Rental Record data may be used to discriminate against any applicant on the basis of any protected class under applicable federal, state, or local law.
- Landlords may not submit Landlord Verification data that encodes, implies, or references a Tenant's protected class status (e.g., family structure, national origin indicators, or disability-related accommodations requests).
- Schedularly's review of submitted data is limited to ensuring compliance with these Terms; Schedularly is not responsible for detecting discriminatory intent in Landlord-submitted data.
- Tenants who believe a Landlord has used their Rental Record in a discriminatory manner are encouraged to contact the U.S. Department of Housing and Urban Development (HUD) or their applicable state fair housing agency.
7. Privacy and Data Security
Your use of the Platform is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Key privacy principles include:
- Data Minimization: We collect only the personal information necessary to operate the Platform.
- Purpose Limitation: Data collected through the Platform will not be used for advertising, profiling, or sale to third parties.
- Security: We implement industry-standard technical and organizational measures to protect Rental Record data from unauthorized access, disclosure, or loss.
- State Privacy Laws: Depending on your state of residence, you may have additional rights under laws such as the California Consumer Privacy Act (CCPA) or similar statutes. Please refer to our Privacy Policy for state-specific disclosures.
- Cookies: We use cookies and similar technologies as described in our Cookie Policy.
8. Landlord Verification Standards and Disclaimer
Landlords who submit Landlord Verifications represent and warrant that:
- All submitted information is accurate, truthful, and based on direct, documented experience with the named Tenant.
- They have the legal right to submit the data and have obtained any necessary consents required under applicable law.
- They will not submit data for retaliatory or harassing purposes.
- They acknowledge that false or misleading submissions may expose them to legal liability, including defamation claims, and may result in immediate account termination.
9. Limitation of Liability
Please read this section carefully. It significantly affects your legal rights.
10. Account Termination and Data Retention
10.1 Voluntary Termination
You may close your account at any time by submitting a written closure request through your account settings or by contacting support@schedularly.com. Account closure takes effect within five (5) business days.
10.2 Termination by Schedularly
Schedularly reserves the right to suspend or terminate your account, with or without notice, if you:
- Violate any provision of these Terms.
- Submit fraudulent, false, or misleading information.
- Use the Platform for any unlawful purpose or in a manner that harms other users.
- Engage in conduct that Schedularly, in its sole discretion, determines to be harmful to the Platform's integrity or community.
10.3 Data Portability — Exporting Your Rental Record
Tenants have the right to export their Rental Record. At any time while your account is active, you may request a complete export by:
- 1Navigating to Account Settings → Data & Privacy → Export My Record.
- 2Selecting your preferred format: PDF (formatted for sharing) or JSON (machine-readable).
- 3Receiving the export file via email within 48 hours of your request.
The exported record will include all self-reported entries, Landlord Verifications, dispute outcomes, and any Rebuttal Statements. Landlord contact information and identifying details may be partially redacted in exported files for privacy purposes.
10.4 Data Retention After Account Closure
Upon account closure, the following data retention schedule applies:
| Data Type | Retention Period | Basis |
|---|---|---|
| Tenant self-reported history | 30 days post-closure | User request |
| Landlord Verifications | 7 years | Legal compliance, dispute resolution |
| Dispute & Rebuttal records | 7 years | Audit trail, legal compliance |
| Account credentials (hashed) | 30 days post-closure | Security |
| Billing & transaction records | 7 years | Tax and accounting law |
| Anonymized aggregate usage | Indefinitely | Platform improvement (non-identifiable) |
11. Prohibited Uses
You agree not to use the Platform to:
- Submit knowingly false, fabricated, or misleading information about any person.
- Harass, intimidate, or retaliate against any Tenant or Landlord.
- Access another user's account or Rental Record without authorization.
- Reverse engineer, decompile, or disassemble any portion of the Platform.
- Scrape, crawl, or systematically extract data from the Platform without our express written permission.
- Use any automated script, bot, or tool to access the Platform in a manner that disrupts service or violates these Terms.
- Use the Platform in any manner that violates applicable federal, state, or local law, including housing discrimination laws.
- Transmit any viruses, malware, or other harmful code.
12. Dispute Resolution and Arbitration
Binding Arbitration. Except for claims that may be brought in small claims court, any dispute, controversy, or claim arising out of or relating to these Terms or the Platform shall be resolved by binding individual arbitration administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. The arbitration shall be conducted in the English language, and judgment on the award may be entered in any court of competent jurisdiction.
Class Action Waiver. You expressly waive any right to bring or participate in any class action, class-wide arbitration, or representative proceeding.
Governing Law. These Terms are governed by the laws of the State of Delaware, without regard to its conflict of laws principles.
13. Indemnification
You agree to indemnify, defend, and hold harmless Schedularly and its officers, directors, employees, agents, and successors from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Platform; (b) any data you submit; (c) your violation of these Terms; (d) your violation of any third party's rights; or (e) your violation of any applicable law.
14. Modifications to Terms
Schedularly reserves the right to modify these Terms at any time. When we make material changes, we will notify you by: (a) sending an email to the address associated with your account; and (b) posting a prominent notice on the Platform. Your continued use of the Platform after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Platform and close your account.
15. General Provisions
- Entire Agreement. These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Schedularly concerning the Platform and supersede all prior agreements.
- Severability. If any provision of these Terms is held invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect.
- Waiver. Schedularly's failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision.
- Assignment. You may not assign or transfer these Terms or any rights hereunder without Schedularly's prior written consent. Schedularly may assign these Terms freely.
- Notices. Notices to Schedularly must be sent to legal@schedularly.com. Notices to you will be sent to the email address on file with your account.
- No Agency. Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and Schedularly.
- Force Majeure. Schedularly will not be liable for any delay or failure to perform resulting from causes outside its reasonable control.
- Headings. Section headings are for convenience only and shall not affect the interpretation of these Terms.
16. Contact Information
If you have questions about these Terms, the Platform, or your rights, please contact us:
Acknowledgment
By creating an account or using the Schedularly Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, including the arbitration clause and class action waiver in Section 12.