Dwellafy

Legal

Terms of Service

Rules for using our marketplace software and connecting with other members.

Last updated: June 29, 2025

1. Agreement to these Terms

These Terms of Service ("Terms") govern your access to and use of the websites, applications, and services operated by Dwellafy ("we," "us," or "our"), including Dwellafy (collectively, the "Platform").

By creating an account, accessing, or using the Platform, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you may not use the Platform.

If you use the Platform on behalf of a company or other entity, you represent that you have authority to bind that entity, and "you" refers to that entity.

2. Definitions

  • User: any person or entity with an account or who otherwise accesses the Platform.
  • Seller: a User who publishes or manages property listings on the Platform.
  • Buyer: a User who browses listings, saves favorites, or contacts Sellers through the Platform.
  • Listing: property and financing information a Seller submits for display on the Platform.
  • User Content: any content you submit, including listings, photos, messages, profile information, and reviews or other materials.
  • Paid Features: optional Platform capabilities that require payment, such as publishing additional listings or featured placement.

3. Eligibility and accounts

Eligibility

You must be at least 18 years old and able to form a binding contract to use the Platform. You may not use the Platform if you are barred from doing so under applicable law or if we have previously suspended or terminated your account.

Registration

You must provide accurate, current, and complete registration information and keep it updated. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. Notify us promptly at contact@dwellafy.com if you suspect unauthorized access.

One person, one account

You may not create multiple accounts to evade fees, restrictions, or enforcement actions. We may merge or terminate duplicate or fraudulent accounts.

4. What the Platform provides

The Platform is software that helps Sellers publish seller-financed real estate opportunities and helps Buyers discover listings, save favorites, configure saved searches, and exchange messages with Sellers.

We provide tools only. We do not act as a real estate broker, agent, mortgage lender, loan servicer, escrow agent, title company, investment adviser, securities dealer, or legal or tax advisor. We do not:

  • Originate, underwrite, fund, or service seller-financed loans
  • Hold earnest money, down payments, or transaction funds
  • Negotiate price, terms, or contracts on your behalf
  • Verify ownership, liens, property condition, or zoning
  • Independently verify financing terms shown in Listings
  • Guarantee that any Listing is available, accurate, or lawful

Any transaction between Users occurs solely between those Users and their chosen professionals, not with us. See How the platform works for a plain-language overview.

5. Listings and seller obligations

Your responsibility

If you publish a Listing, you represent and warrant that you have the legal right to offer the property and proposed terms, that your Listing is truthful and not misleading, and that it complies with all applicable laws, including disclosure, fair housing, and licensing requirements in your jurisdiction.

Financing terms

Proposed down payments, interest rates, amortization schedules, monthly payments, balloon payments, and similar figures are provided by you. Calculated payment amounts are estimates based on information you supply. We do not validate those figures. You are solely responsible for ensuring proposed terms are lawful, achievable, and clearly communicated to Buyers.

Photos and media

You must have rights to any images or documents you upload. Do not upload content that infringes third-party rights or contains personal data of others without consent.

Removal

We may remove, hide, or refuse to publish any Listing at our discretion, including for policy violations, suspected fraud, incomplete information, or risk to other Users. Removal does not entitle you to a refund except where required by law or our posted refund policy.

6. Buyer obligations

If you contact a Seller or rely on a Listing, you acknowledge that:

  • Listings are advertisements by Sellers, not offers from us
  • You must perform independent due diligence on property, title, liens, taxes, condition, occupancy, and legal compliance
  • You should retain licensed attorneys, accountants, inspectors, and other professionals before committing to any transaction
  • Messaging through the Platform does not create a binding contract unless you and the Seller execute separate written agreements
  • We are not a party to and have no responsibility for any agreement between you and a Seller

7. Messaging

The Platform may allow Users to send messages related to Listings. Messages are visible to conversation participants. We may store, process, and review messages to operate the service, provide support, enforce these Terms, and protect Users.

Do not use messaging to send spam, harassment, threats, malware, or unlawful content. Do not share sensitive information such as full Social Security numbers, bank login credentials, or wire instructions unless you understand and accept the risk of sharing with another User.

8. User Content and license

You retain ownership of User Content you submit. By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to host, store, reproduce, display, distribute, and adapt that content as needed to operate, promote, and improve the Platform (for example, displaying your Listing to Buyers and generating search results).

You represent that you have all rights necessary to grant this license and that your User Content does not violate these Terms or third-party rights.

9. Acceptable use

You agree not to:

  • Post false, misleading, or deceptive Listings or profile information
  • Impersonate any person or entity or misrepresent your affiliation
  • Discriminate in violation of fair housing or equal opportunity laws
  • Scrape, crawl, or harvest data from the Platform without our written permission
  • Reverse engineer, interfere with, or disrupt the Platform or its security
  • Circumvent fees, access controls, or usage limits
  • Use the Platform for money laundering, fraud, or other illegal activity
  • Upload viruses or harmful code
  • Solicit Users to transact off-platform solely to avoid Platform fees where fees apply to the underlying service

We may investigate violations and cooperate with law enforcement. Violations may result in content removal, account suspension, or termination.

10. Fees, billing, and refunds

Paid Features

Certain features require payment before a Listing is published or promoted. Applicable fees are displayed before you complete checkout. Your first published Listing may be free; additional Listings or featured placement may incur fees as shown at the time of purchase.

Payment processing

Payments are processed by third-party payment providers (such as Stripe). By purchasing Paid Features, you also agree to applicable payment provider terms. We do not store full payment card numbers on our servers.

Taxes

Fees are exclusive of applicable taxes unless stated otherwise. You are responsible for any taxes associated with your purchase of Paid Features.

Refunds

Except where required by law or expressly stated at checkout, fees for Paid Features are non-refundable once a Listing has been published or a promotional period has begun. If you believe you were charged in error, contact contact@dwellafy.com within 14 days of the charge.

11. Third-party services

The Platform relies on third-party services for hosting, authentication, storage, analytics, email, and payments. Your use of those services may be subject to separate terms and privacy policies. We are not responsible for third-party services outside our reasonable control.

12. Intellectual property

The Platform, including its design, software, logos, and documentation, is owned by us or our licensors and protected by intellectual property laws. Except for the limited rights expressly granted in these Terms, no license is granted to you. You may not use our name, logos, or trademarks without prior written consent.

13. Privacy

Our Privacy Policy explains how we collect, use, and share information. By using the Platform, you consent to those practices.

14. Termination

You may stop using the Platform at any time and may request account deletion by contacting us. We may suspend or terminate your access at any time, with or without notice, for any reason, including violation of these Terms or risk to the Platform or other Users.

Upon termination, your right to use the Platform ends immediately. Sections that by their nature should survive termination will survive, including ownership provisions, disclaimers, indemnities, and limitations of liability.

15. Indemnification

To the fullest extent permitted by law, you will defend, indemnify, and hold harmless Dwellafy, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your User Content; (b) your use of the Platform; (c) any transaction or dispute with another User; or (d) your violation of these Terms or applicable law.

16. Disclaimers

THE PLATFORM AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT LISTINGS ARE ACCURATE, COMPLETE, CURRENT, OR LAWFUL; THAT ANY USER WILL COMPLETE A TRANSACTION; THAT MESSAGES WILL BE DELIVERED WITHOUT DELAY; OR THAT THE PLATFORM WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

17. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, Dwellafy AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO THESE TERMS OR THE PLATFORM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR PAID FEATURES IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100).

Some jurisdictions do not allow certain limitations; in those jurisdictions, our liability is limited to the maximum extent permitted by law.

18. Dispute resolution

Informal resolution

Before filing a claim, you agree to contact us at contact@dwellafy.com and attempt to resolve the dispute informally for at least thirty (30) days.

Governing law

These Terms are governed by the laws of the United States and the State of Delaware, without regard to conflict-of-law principles, except where mandatory consumer protection laws in your state of residence apply.

Venue

Except where prohibited by law, you agree that exclusive jurisdiction for disputes not subject to arbitration (if applicable in your jurisdiction) lies in the state or federal courts located in Delaware, and you consent to personal jurisdiction in those courts.

19. General

  • Changes: We may modify these Terms at any time. If we make material changes, we will post the updated Terms and revise the "Last updated" date. Continued use after changes take effect constitutes acceptance.
  • Entire agreement: These Terms and the Privacy Policy are the entire agreement between you and us regarding the Platform.
  • Severability: If any provision is unenforceable, the remaining provisions remain in effect.
  • No waiver: Failure to enforce a provision is not a waiver of our right to do so later.
  • Assignment: You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, or sale of assets.

20. Contact

Questions about these Terms:

Dwellafy
Email: contact@dwellafy.com

This page is provided for general information only and does not constitute legal advice. You should consult qualified counsel regarding your specific situation.