TERMS OF USE

1. DEFINITIONS.

For purposes of this Agreement, the following terms shall have the meanings set forth below:

1.1 “Agreement” means this legally binding contract formed by these Terms of Use.

1.2 “App” means the mobile application(s) provided by Snag that enable access to the Services.

1.3 “Application” means a request submitted by a Sublessee to book a Listing, as described in Section 5.1.

1.4 “Arbitration Agreement” means the provision in these Terms requiring that Disputes be resolved by binding arbitration as set forth herein.

1.5 “Booking” means a booking of a Sublet that has been confirmed as described in Section 5. Where the App refers to a “lister,” that term means the Sublessor, and where the App refers to a “renter” or “guest,” that term means the Sublessee.

1.6 “Cancellation Policy” means the cancellation policy selected by a Sublessor for a Listing from the options made available by Snag, as described in Section 8.1.

1.7 “Common Areas” means shared spaces and facilities associated with a Sublet (e.g., hallways, lobbies) that are accessible to Sublessees.

1.8 “Community Guidelines” means the community guidelines published on the Site, as updated from time to time, which are incorporated into these Terms by reference.

1.9 “Company” as used herein refers to Snag Sublets, Co., which is the legal entity providing the Services and referred to as “Snag.”

1.10 “Content” means any text, images, audio, video, information, or other material that is provided, shared, or transmitted via the Services.

1.11 “Disputes” means any claims, controversies, or disputes arising out of, in connection with, or in any way relating to these Terms, the Services, any Booking, Application, Sublease Agreement, Snag Fee or other fee, payment, Payout, Security Deposit, cancellation, or termination, or any interaction on the Platform.

1.12 “Fees Policy” means the Snag Fees, Payments, and Cancellation Policy published on the Site, as updated from time to time in accordance with these Terms, which is incorporated into these Terms by reference.

1.13 “Listing” means any advertisement or post created by a Sublessor to offer a Property or Sublet for sublet.

1.14 “Mass Action” means any coordinated or collective legal proceeding or arbitration involving 100 or more claims or parties as defined herein.

1.15 “Move-In Date” means the first day of the term of a Booking, as stated in the applicable Sublease Agreement.

1.16 “Mutual Contacts” means the intersection of phone contacts between Users, which helps establish a trust-based connection.

1.17 “Party” means an individual or entity that is a party to this Agreement (collectively, “Parties”).

1.18 “Payout” means an amount remitted or payable to a Sublessor in connection with a Booking, as described in Section 6.6.

1.19 “Platform” means the Snag website, mobile application, and any related services provided by Snag.

1.20 “Pre-Dispute Notice” means the written notice required to be sent by either party, as described in the Snag DISPUTE RESOLUTION POLICY; ARBITRATION AGREEMENT, prior to initiating arbitration.

1.21 “Profile” means the account created by a User on the Platform that contains personal information.

1.22 “Property” means any apartment, housing unit, real estate, or part thereof advertised for sublet on the Platform.

1.23 “Shared Space” means a Property or part thereof in which roommates or other occupants are, or will be, present in, or adjacent to, the Property. By way of example but not limitation, a Shared Space could mean a Property advertised in a Listing for one bedroom in a three bedroom apartment, in which the other two bedrooms of the apartment are occupied by other persons and/or pets.

1.24 “Security Deposit” means the security deposit for a Booking, as described in Section 7.

1.25 “Services” means the online products, platforms, services, and offerings provided by Snag, including the Site and App.

1.26 “Site” means the Snag website located at https://snagsublets.com/.

1.27 “Snag” means Snag Sublets, Co. This term refers to the company that operates Snag’s website, app, Platform, Services, and related services. Where applicable in these Terms, “Snag” also extends to Snag’s affiliates.

1.28 “Snag Fee” means the platform service fee charged by Snag in connection with each Booking, as described in Section 6.1.

1.29 “Sublease Agreement” means the sublease agreement entered into directly between a Sublessor and a Sublessee upon confirmation of a Booking, as described in Section 5.2.

1.30 “Sublessee” means a User who searches for Listings or Sublet or contacts a Sublessor via the Platform or Services. In the app, a Sublessee is called a “renter.”

1.31 “Sublessor” means a User who creates a Listing to offer an apartment, Sublet, or other property for sublet. In the App, a Sublessor is called a “lister.” A Sublessor may be tenant, subtenant, owner, or landlord of the Property.

1.32 “Sublessor Service” means any additional service provided by a Sublessor in connection with a Sublet beyond a standard Listing or Sublet.

1.33 “Sublet” means lodging services or housing units offered by a Sublessor through the Platform or Services.

1.34 “Taxes” means any applicable governmental charges or indirect taxes (including VAT, occupancy, tourist, or income taxes) that may apply in connection with a Listing or Sublet.

1.35 “Terms” means these Terms of Use, including all modifications and additional terms incorporated herein.

1.36 “User” means any person or entity accessing or using the Platform.

1.37 “we” / “us” / “our” – Refers to Snag Sublets, Co. (also known as Snag), the provider of the Services.

1.38 “you” / “your” – Refers to the individual or entity accessing or using the Site, App, Platform, or Services.

2. GENERAL PROVISIONS

Scope of Services. Snag owns and operates the Services. The Platform enables Users to publish, search for, and book various services. Sublessors (who may be landlords, prime tenants, subtenants, or otherwise) post Listings to offer Sublets, while Sublessees search for and contact Sublessors regarding these Listings. Snag and its affiliates neither own nor control any Listing and are not parties to any contracts formed directly between Sublessors and Sublessees. Snag does not function as a real estate broker, travel agency, insurer, or agent for any User unless explicitly stated.

2.1 Platform Eligibility. To use the Platform or Services, you must be at least 18 years old and possess the legal capacity to enter into this Agreement.

2.2 Disclaimer. As the provider of the Services, neither Snag nor its affiliates owns, controls, offers, operates, or manages any Listing. Snag is not a party to any contract for Sublets entered into directly between Sublessors and Sublessees, and Snag is not a real estate broker, travel agency, or insurer. Snag does not act, and is not acting, as an agent in any capacity for any User, unless, and only to the extent, otherwise explicitly set forth in these Terms. Except as described in Section 9 (Screening; Identity Verification), Snag does not itself perform background or credit checks on any User, and Snag does not make any warranties or representations, expressed or implied, about any User’s creditworthiness or suitability as a landlord or tenant. Where a Sublessor orders a screening report as described in Section 9, that report is prepared and furnished by an independent consumer reporting agency, not by Snag, and the Sublessor is responsible for complying with all laws that apply to ordering and using it. If you otherwise choose to perform or obtain a background or credit check, you are responsible for complying with any applicable law. Snag is not a consumer reporting agency and does not provide consumer reports. You acknowledge that you may not, and agree that you will not, use any information provided by Snag as a factor in determining any person’s eligibility for credit, insurance, housing, or employment in a manner that would cause Snag to be a “consumer reporting agency” or cause information you receive from Snag to constitute a “consumer report,” each as described in the Fair Credit Reporting Act. Snag does not provide brokering, money transmitting, insurance, or banking services, and Snag does not provide legal advice, tax advice, or legal representation. You acknowledge that Snag has not provided you with any express or implied legal or tax advice. It may be possible - but it is prohibited by Snag and by this Agreement - to use the Snag Platform and materials provided by Snag in ways that are illegal, and that could subject you to civil or criminal liability. It is your responsibility to know and comply with the laws applicable to your use of the Snag Platform. You should not assume that because it is possible to do something on the Snag Platform that that thing is legal or that Snag gives you permission to do it. You should obtain independent legal and tax advice before entering into any lease or sublease agreement. You acknowledge that statements made by Snag’s officers and agents are not, and shall not be construed as, legal or tax advice. You agree not to regard any such statements as legal or tax advice and acknowledge that it would be unreasonable to rely on such statements in ascertaining your legal or tax obligations. Snag does not, and cannot, guarantee, and assumes no responsibility for verifying, the accuracy of any Content or information provided by any User of Snag’s Services including, without limitation, in any Profile, Listing, or otherwise.

3. ACCOUNT REGISTRATION

3.1 Profile and Contacts. To use the Platform, you must register and create a Profile using a valid personal telephone number. During registration, you may be prompted to share your contacts with Snag. Your Profile must include your first name, last name, email address, profile photo, telephone number, and unique user handle (“username”). Snag will assign each User a username at sign up, after which such User may edit their username subject to availability. Snag may, in its sole, exclusive, and absolute discretion restrict or prohibit a User’s ability to change their username at any time for any reason or for no reason. Registration is permitted only for natural persons aged 18 or older. You represent that you are not barred from using the Platform under any applicable laws and may not transfer your account to another person. You are responsible for maintaining the confidentiality of your account credentials and for all activities conducted through your account. Notify Snag immediately if you suspect any unauthorized access.

3.2 Optional Verification by Snag. If and as permitted by applicable law, we may, but have no obligation to (i) ask you to provide identification or other information, (ii) undertake checks designed to help verify your identity or background, (iii) screen you against third-party databases or other sources and request reports from service providers, and (iv) obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents.

3.3 Accuracy. You agree to provide true, accurate, and complete information during registration and in any Content you post. This obligation continues as long as you use the Platform.

3.4 Contact Information. If you choose to share your phone contacts, you consent to Snag’s access to them. Snag uses this information (which may include, without limitation, names, phone numbers, and photos) to identify Mutual Contacts and facilitate connections between Users. This information is handled in accordance with our Privacy Policy.

4. PLATFORM SERVICES

4.1 Listings and Communications. Sublessors may create one or more Listings on the Platform. The Services allow communication between Users via tools that may include direct messaging, audio/video calls, and multimedia messaging. All communications are provided “as is” without encryption, and while you agree that Snag may review any communication on the Platform or Services, Snag is under no obligation to do so.

4.2 Communications Before Booking. To protect Users and preserve the integrity of the Platform, before a Booking between two Users is confirmed, Users may not exchange, request, or publish personal contact information (including telephone numbers, email addresses, social media handles, or physical addresses) through the Platform, and Snag may automatically filter, redact, or block messages containing such information. This restriction lifts between the applicable Users once a Booking between them is confirmed, at which point each Party receives the contact and identity information reasonably needed to perform the Sublease Agreement. Attempting to move a transaction off the Platform is subject to account termination or other penalties as outlined in Section 15.10 (No Circumvention).

5. BOOKINGS; FORMATION OF THE SUBLEASE AGREEMENT

5.1 Applications. A Sublessee may apply to book a Listing (“Application”) by submitting proposed move-in and move-out dates and any information requested in the application flow. An Application is not a Booking, and no amount is charged, and no authorization hold is placed, when an Application is submitted. The Sublessor may message or call the Sublessee, pre-approve the Application, decline it, or request changes. Sublessors agree that they must and will evaluate Applications in compliance with all applicable fair housing, human rights, and tenant screening laws and with Snag’s Community Guidelines. Section 9 governs screening reports and identity verification. Where Snag asks a declining Sublessor to select or provide a reason for declining, Sublessor agrees that the reason will be truthful and lawful.

5.2 Formation of the Sublease Agreement; Electronic Acceptance. A Booking is confirmed, and the Sublessor and Sublessee enter into a sublease agreement directly with each other and may use Snag’s then-current standard form (“Sublease Agreement,” presented in the App as the “sublet agreement”), together with the terms of the Listing and the applicable Cancellation Policy, when the booking flow described in Section 5.3 or Section 5.4 is completed. The Sublease Agreement is made available for review before confirmation. Each Party’s electronic acceptance, including tapping or clicking a button that states that the Party agrees to the Sublease Agreement, pre-approving an Application, or approving a request to book, constitutes that Party’s electronic signature and agreement to be bound, has the same force and effect as a handwritten signature, and satisfies any requirement that the Sublease Agreement be in writing and signed. Snag maintains records of each acceptance, including the version of the document accepted and the date and time of acceptance, and can make an executed copy of the Sublease Agreement available to each Party through the Platform and/or by email following confirmation. Snag is not a party to any Sublease Agreement.

5.3 Booking Following Pre-Approval. Where a Sublessor pre-approves an Application, the Sublessee may confirm the Booking by accepting the Sublease Agreement and paying the Security Deposit. The Booking is confirmed when the Security Deposit payment is completed.

5.4 Request to Book; Authorization Holds. In some cases, a Sublessee may instead request to book a Listing. When a Sublessee requests to book, the Sublessee authorizes Snag (through its payment processor) to place a temporary authorization hold on the Sublessee’s payment method in the amount of the Security Deposit. Depending on the booking flow then in use, Snag may instead place the hold when the Sublessor approves the request, and the App will tell the Sublessee when a hold is placed. An authorization hold is not a charge. It reserves the amount on the payment method, and no amount is collected unless and until the Sublessor approves the request. The Sublessor has seventy-two (72) hours to respond to a request to book. If the Sublessor approves the request within that period, the hold is captured, the Security Deposit is charged, and the Booking is confirmed. If the Sublessor declines the request, or the period expires without approval, the request is cancelled and the hold is released. Depending on the Sublessee’s financial institution, a released hold may take several business days to clear from the Sublessee’s account.

5.5 Effect of Confirmation. Once a Booking is confirmed, the Sublessee is obligated to pay all amounts due under the Sublease Agreement when due, and the Booking may be cancelled or terminated only as permitted by the applicable Cancellation Policy, the Sublease Agreement, Section 8, and the Fees Policy. After the applicable free-cancellation deadline, the Sublessee may only cancel with the consequences described in Section 8.3 hereof.

5.6 Extensions. A Sublessee may request to extend a Booking through the Platform. An extension proposed by the Sublessee and approved by the Sublessor through the Platform is a binding agreement between them on the same terms as their Sublease Agreement, modified only as to the term dates and, if applicable, the rent, is accepted electronically in the manner described in Section 5.2, and does not require any additional signature. The Security Deposit for the original Booking carries over to the extension and is not charged again, and the Security Deposit return timeline in Section 7 runs from the Sublessee’s final move-out at the end of the last extension.

6. FEES; PAYMENTS

6.1 Fees and Pricing. Sublessors specify the net monthly amount they wish to receive for a listing (“Net Monthly Rent”). Snag charges the Sublessee a platform fee (“Snag Fee”) on top of the Net Monthly Rent. The total price displayed to and charged to the Sublessee includes both the Net Monthly Rent and the Snag Fee. Snag remits 100% of the agreed Net Monthly Rent to the Sublessor upon collection and retains the Snag Fee. Applicable fee rates and calculation details are set forth in our Fees, Payments, and Cancellation Policy.

6.2 When the Snag Fee Is Earned; Collection on Cancellation. The Snag Fee attributable to a Booking is earned when the Booking is confirmed. For administrative convenience, the Snag Fee may be collected in installments, with each rent charge, as rent is charged under the Sublease Agreement. Deferred collection is not a waiver. If a Booking is cancelled or terminated: (i) Snag Fees attributable to amounts already charged remain earned and are not refunded, except as expressly provided in the Fees Policy (including where the Sublessor cancels the Booking or a claim of material misrepresentation is upheld); and (ii) where the Booking is cancelled by a User outside the applicable Cancellation Policy, or terminated as a result of a User’s breach, before the first rent charge has been collected, Snag may collect the earned Snag Fee attributable to the first rental period by charging that User’s payment method on file, in the amounts and manner described in the Fees Policy.

6.3 Payment Authorization; Payment Schedule. By confirming a Booking, the Sublessee authorizes Snag (directly or through its payment processor) to charge the Sublessee’s payment method: (i) at confirmation, for the Security Deposit; (ii) three (3) days before the Move-In Date (or at such other time before the Move-In Date as is disclosed at checkout and in the Fees Policy, including where tied to the end of a free-cancellation window under the applicable Cancellation Policy), for the first rental period’s rent and any one-time charges disclosed at checkout (such as a one-time utility charge); and (iii) thereafter, on a recurring basis, three (3) days before the start of each subsequent rental period, for that period’s rent and any other amounts then due under the Sublease Agreement, with the final rental period prorated as provided in the Sublease Agreement. The amounts and timing of all scheduled charges are disclosed at checkout. These charges are merchant-initiated transactions on a stored credential, and the Sublessee expressly authorizes them. The Sublessee agrees to maintain a valid payment method on file for the duration of any Booking.

6.4 Card on File; Amounts Owed. Each User authorizes Snag (directly or through its payment processor) to charge that User’s payment method on file for amounts that the User owes under these Terms, the Sublease Agreement, or the Fees Policy, including, without limitation, for rent and other amounts due under the Sublease Agreement, cancellation and early-termination amounts described in Section 8 and the Fees Policy, earned Snag Fees described in Section 6.2, and amounts determined to be owed through the claims process described in the Dispute Resolution Policy, subject to the caps and procedures stated there. Snag will provide notice of the amount and basis of a charge under this Section no later than the time of the charge. Removing or invalidating a payment method does not extinguish amounts owed, and Snag may recover such amounts by offset as described in Section 6.9 or by any lawful means. Section 6.11 applies to amounts owed by a Sublessor who has not provided a payment card.

6.5 Snag’s Role in Payments. Snag facilitates the collection and disbursement of payments between Users through one or more third-party payment processors. Each Sublessor hereby appoints Snag (acting directly or through its payment processor) as the Sublessor’s limited agent solely for the purpose of collecting amounts payable by Sublessees in connection with a Booking, and agrees that a payment received by Snag or its payment processor from a Sublessee shall be considered the same as a payment made directly to the Sublessor, and shall discharge the Sublessee’s payment obligation to the Sublessor to the extent of the amount received, whether or not Snag actually remits that amount to the Sublessor. Snag is not a bank, money transmitter, money services business, or fiduciary, and, except as expressly described in Section 7 with respect to Security Deposits, Snag does not act as an escrow agent. Payment processing services are provided by Snag’s payment processors under those processors’ own terms, which are presented to Users at checkout or during payout onboarding and which Users must accept in order to use the payment features of the Platform.

6.6 Payouts. Amounts payable to a Sublessor (each a “Payout”) are remitted through Snag’s payment processor to the payout account designated by the Sublessor, net of the Snag Fee and any other amounts owed to Snag or recoverable under these Terms, the Fees Policy, or the Sublease Agreement. The Payout attributable to the first rental period is released between one (1) and seven (7) days after the Move-In Date, and the Payout for each rental period is released after that period’s rent is successfully charged, in each case subject to the payment processor’s processing times and to any timely claim under the Sublease Agreement or the Dispute Resolution Policy. To receive Payouts, a Sublessor must complete the identity and account verification required by Snag’s payment processor. Providing another person’s identifying information for payout verification is prohibited and is grounds for immediate suspension or termination, withheld Payouts, and cancellation and refund of affected Bookings.

6.7 Failed Payments; Possession. If a scheduled charge fails, Snag may retry the payment method approximately once every twenty-four (24) hours for up to seven (7) days following the due date and will notify the Sublessee. Failed and late payments have the consequences set forth in the Sublease Agreement. If the first rental period’s rent has not been collected by the Move-In Date, the Sublessor may decline to deliver possession until it is collected, and if it remains uncollected seven (7) days after its due date, Snag may treat the Booking as cancelled by the Sublessee under Section 8.4. If the first rental period’s rent remains uncollected at the end of the Move-In Date, the Sublessor may instead cancel the Booking without a Sublessor cancellation fee, and the cancellation is treated as a cancellation by the Sublessee under Section 8.3. A Sublessee’s failure to pay is not excused by non-occupancy, and the Sublessee remains obligated to pay, including under the applicable Cancellation Policy, in the circumstances described in this Section and as contemplated hereunder, and Snag may process payments accordingly.

6.8 Billing Errors. If you believe a charge was made in error (including a charge to the wrong payment method or in the wrong amount), contact us at hi@joinsnag.com within sixty (60) days of the charge. Where Snag confirms a billing error, Snag may, in its sole, exclusive, and absolute discretion, refund the erroneous charge to the payment method charged and, as applicable, re-charge the correct payment method, and no confirmed billing error will itself be treated as a payment default.

6.9 Reversals; Offsets; Clawbacks. Each Sublessor agrees that, where a refund to a Sublessee is required or authorized by these Terms, the Fees Policy, the Sublease Agreement, or a determination under the Dispute Resolution Policy, Snag may recover the corresponding amounts by reversing the applicable transfer, debiting the Sublessor’s payout account, offsetting against any current or future Payout, or charging the Sublessor’s payment method on file, and the Sublessor agrees to promptly return any amount owed that cannot be recovered by those means. Snag may also suspend or reverse any payment or Payout in good faith to comply with applicable law, to investigate suspected fraud or a chargeback, or where Snag believes doing so is appropriate to protect Snag, Users, or third parties.

6.10 Fees Policy. The current schedule of fees, charges, payment timing, cancellation fee amounts, and refund treatment is set forth in the Fees Policy, which is incorporated into these Terms by reference. In the event of a conflict between these Terms and the Fees Policy, these Terms control. Changes to the Fees Policy apply prospectively and do not apply to Bookings confirmed before the effective date of the change.

6.11 Sublessor Payment Method; Amounts Owed by Sublessors. Snag currently collects a payout account from Sublessors, and Snag may at any time require a Sublessor to add and maintain a valid credit or debit card as a condition of creating or keeping a Listing, accepting a Booking, or receiving a Payout. Whether or not a card is on file, each Sublessor authorizes Snag, to the extent permitted by applicable law and by the rules of Snag’s payment processor and the applicable payment network, to recover any amount the Sublessor owes under these Terms, the Sublease Agreement, the Fees Policy, or a determination under the Dispute Resolution Policy (including a Sublessor cancellation fee, an amount refunded to a Sublessee on the Sublessor’s account, and amounts owed under Section 8.9) by: (i) offsetting the amount against, or withholding, any current or future Payout; (ii) debiting the Sublessor’s payout account; and (iii) charging any payment card on file. Snag will give notice of the amount and basis of a recovery no later than the time of the recovery. Any balance that Snag cannot recover by those means is due from the Sublessor within ten (10) days after Snag’s notice, is a debt owed to Snag, may be referred for collection, and is grounds for restricting or terminating the Sublessor’s account under Section 14. A Sublessor may not avoid an amount owed by removing a payout account, closing an account, or opening a new account.

7. SECURITY DEPOSITS

7.1 Requirement; Amount. Each Listing must specify a security deposit (“Security Deposit”) in an amount of at least two hundred fifty U.S. dollars (US$250) and not more than one month’s rent, and in no event more than the maximum amount permitted by applicable law. The Security Deposit is charged (or captured from an authorization hold) when the Booking is confirmed, as described in Section 5.

7.2 Nature of the Security Deposit; Snag as Deposit Agent. The Security Deposit is and remains the Sublessee’s money, held as security for the Sublessee’s performance under the Sublease Agreement. Each Sublessor hereby appoints Snag as the Sublessor’s limited agent for the sole purposes of collecting, holding, refunding, and disbursing the Security Deposit through Snag’s payment processor, and receipt of the Security Deposit by Snag or its payment processor is receipt by the Sublessor for all purposes. Security Deposit funds are held through Snag’s payment processor, are tracked separately from all other funds on Snag’s books, are not Snag’s property, are never withdrawn to Snag’s operating accounts or used in the operation of Snag’s business. The Sublessor remains responsible for all obligations that applicable law imposes on the recipient or holder of a residential security deposit, including any obligation to hold the deposit in trust, to maintain it in a segregated or interest-bearing account, or to pay interest to the Sublessee.

7.3 Permitted Uses. The Security Deposit may be applied only against: (i) rent due and unpaid under the Sublease Agreement, including rent due for the first rental period under a confirmed Booking whether or not the Sublessee takes possession; (ii) damage to the Sublet caused by the Sublessee beyond normal wear and tear; (iii) utility charges due and unpaid under the Sublease Agreement; and (iv) the reasonable cost of moving and storing the Sublessee’s belongings, in each case subject to, and only to the extent permitted by, applicable law. The Security Deposit is not a penalty and will not be applied to cancellation fees, Snag Fees, or any other platform charge. Rent that a Sublessee owes under Section 8.3 after cancelling outside the Cancellation Policy is rent, not a cancellation fee, and may be paid to the Sublessor from the Security Deposit.

7.4 Return; Itemized Statement. Unless a timely claim is submitted under Section 7.5, the Security Deposit is refunded to the Sublessee within seven (7) days after the Sublessee’s final move-out, which, if a reservation remains active, shall be deemed the last day of that reservation. If any portion of the Security Deposit is retained, an itemized statement specifying each basis for retention, issued by the Sublessor or by Snag on the Sublessor’s behalf, will be provided to the Sublessee within fourteen (14) days after the Sublessee vacates, together with a refund of any remaining balance, in accordance with applicable law.

7.5 Deposit Claims. A Sublessor seeking to retain any portion of the Security Deposit must submit a claim through the Platform or by emailing our support team at hi@joinsnag.com within six (6) days after the Sublessee’s move-out, itemizing each amount claimed and attaching supporting evidence, all as described in the Dispute Resolution Policy. The Sublessee will have four (4) days after notice of the claim to respond. Snag, acting as administrator of the claims process described in the Dispute Resolution Policy, will determine the disbursement of the Security Deposit based on the parties’ submissions and will disburse and issue the itemized statement within the period described in Section 7.4. If the Sublessor does not submit a timely claim, the Security Deposit is released to the Sublessee. If the Sublessee does not timely respond to a claim, Snag may determine the claim on the evidence submitted.

7.6 Extensions. As described in Section 5.6, the Security Deposit carries over to any extension of a Booking, and the timelines in this Section 7 run from the Sublessee’s final move-out.

7.7 Inspections. Each Sublease Agreement gives the Sublessee the right to request a move-in inspection and a pre-move-out inspection, and each Sublessor agrees to provide them when requested, as described in the Sublease Agreement. Snag may deliver the related notices and record inspection results through the Platform on a Sublessor’s behalf, but Snag does not conduct inspections and is not responsible for a Sublessor’s failure to provide one. A Sublessor may not retain any portion of a Security Deposit for a condition noted in a move-in condition record or cured after a pre-move-out inspection.

8. CANCELLATIONS; EARLY TERMINATION

8.1 Cancellation Policies. At Listing creation, the Sublessor selects one of the Cancellation Policies made available by Snag, currently: (i) free cancellation until the Move-In date, (ii) free cancellation until seven (7) days before the Move-In Date, or (iii) free cancellation until one (1) month before the Move-In Date. The applicable Cancellation Policy is displayed in the Listing and at checkout and forms part of the parties’ Sublease Agreement. The applicable free-cancellation deadline is conspicuously restated before the Sublessee confirms the Booking.

8.2 Cancellation by the Sublessee Within a Free-Cancellation Window. A Sublessee may cancel a Booking for any reason before the applicable free-cancellation deadline. Upon such a cancellation, all amounts paid by the Sublessee, including the Security Deposit and any rent collected, are refunded in full, and no cancellation fee applies.

8.3 Cancellation by the Sublessee Outside the Window; Non-Cancellable Bookings. If a Sublessee cancels a Booking after the applicable free-cancellation deadline, or repudiates a confirmed Booking after that deadline, the Sublessee remains responsible for the amounts provided in the Sublease Agreement and the Fees Policy, which consist of: (i) rent under the Sublease Agreement up to a maximum of one (1) month’s rent, subject to the Sublessor’s duty under applicable law to mitigate damages by re-letting, and reduced by all rent attributable to any re-letting of the same period; (ii) the cancellation processing fee stated in the Fees Policy; and (iii) the earned Snag Fee attributable to the first rental period, as described in Section 6.2. The Security Deposit may be applied only against unpaid rent described in clause (i). Amounts described in clauses (ii) and (iii) are charged to the Sublessee’s payment method on file as described in Section 6.4. Any portion of the Security Deposit not so applied is refunded, with an itemized statement, as described in Section 7.4.

8.4 Failure to Pay; No-Show. A Sublessee’s failure to pay the first rental period’s rent within seven (7) days after its due date (or, for a Booking confirmed fewer than seven (7) days before the Move-In Date, by the end of the Move-In Date), or failure to take possession accompanied by non-payment, is treated as a cancellation by the Sublessee outside the applicable Cancellation Policy under Section 8.3. A confirmed Booking remains a binding obligation whether or not the Sublessee appears.

8.5 Cancellation by the Sublessor. If a Sublessor cancels a confirmed Booking at any time, other than for an excused reason documented in accordance with the Fees Policy, the Sublessee will receive a full refund of all amounts paid and unused, including the Security Deposit, rent attributable to any unused period, and the Snag Fee component of amounts refunded, with the refund initiated within ten (10) business days. In addition: (i) the Sublessor will not receive any Payout attributable to the cancelled Booking; (ii) the Sublessor will be charged the Sublessor cancellation fee stated in the Fees Policy, which the Sublessor authorizes Snag to collect as set forth in Section 6.11, and a portion of which is credited or paid to the displaced Sublessee as stated in the Fees Policy; and (iii) repeated or bad-faith cancellations are grounds for suspension or removal of the Listing or the Sublessor’s account.

8.6 Early Termination After Move-In. After the Move-In Date, neither Party may unilaterally cancel or terminate a Booking or the Sublease Agreement except as expressly permitted by the Sublease Agreement (including any early termination option, mutual termination confirmed through the Platform, documented hardship, casualty, qualifying military service, or termination for default) or as required by applicable law. The economic consequences of an early termination, including proration, refunds, any early termination fee, and the treatment of the Security Deposit, are as stated in the Sublease Agreement and the Fees Policy. A termination initiated by the Sublessor other than as permitted by the Sublease Agreement is treated as a cancellation by the Sublessor under Section 8.5. Snag Fees attributable to amounts already charged remain earned as described in Section 6.2, and earned but uncollected Snag Fees may be charged to the responsible Party’s payment method on file as described in Sections 6.2 and 6.4.

8.7 Refund Processing. Approved refunds are initiated within ten (10) business days and are made to the original payment method. Posting times depend on the recipient’s financial institution.

8.8 Chargebacks. You agree to use the billing-error process in Section 6.8 and the claims process in the Dispute Resolution Policy before initiating a payment dispute or chargeback with your financial institution for any charge made in accordance with these Terms. You acknowledge that Snag may furnish these Terms, the Sublease Agreement, the applicable Cancellation Policy, and records of your acceptance and of the underlying transaction to payment card networks and financial institutions in response to any payment dispute. Initiating a chargeback of a properly disclosed and authorized charge, in place of those processes, is a breach of these Terms, and amounts lost to such a chargeback remain owed and recoverable under Section 6.4.

8.9 Sublessor Performance Failures; Access Failures; Unavailable Premises. A Booking is a binding commitment by the Sublessor to deliver the Sublet, as listed, on the Move-In Date. (a) Access. The Sublessor must make working access to the Sublet (including keys, entry codes, and entry instructions) available to the Sublessee no later than twenty-four (24) hours before the Move-In Date and must ensure that the Sublessee can enter the Sublet by the time stated in the Sublease Agreement or, if none is stated, by 6:00 p.m. local time on the Move-In Date (the “Access Time”). (b) Access Failure. If the Sublessee cannot enter the Sublet by the Access Time because the Sublessor failed to provide or maintain working access (“Access Failure”), no rent accrues for any period before the Sublessee obtains working access, and the Sublessor is responsible for the Sublessee’s reasonable, documented out-of-pocket cost of substitute lodging until working access is provided, for up to seven (7) nights. Snag may, but is not obligated to, use commercially reasonable efforts to collect any substitute lodging cost owed by the Sublessor and pay it to the Sublessee, but Snag does not guarantee payment, and the Sublessee’s right to it is against the Sublessor, exclusively. If the Sublessee does not obtain working access within twenty-four (24) hours after the Access Time, or at any earlier time at which the Sublessee elects to cancel, the Booking is treated as cancelled by the Sublessor under Section 8.5. (c) Unavailable Premises. If, on the Move-In Date, the Sublet is occupied by a person who was not disclosed in the Listing (other than the Sublessee), has been leased or promised to another person for an overlapping period, or is otherwise unavailable to the Sublessee for a reason within the Sublessor’s control (“Unavailable Premises”), the Booking is treated as cancelled by the Sublessor under Section 8.5 as of the Move-In Date, and the Sublessor is responsible for the substitute lodging costs described in clause (b). (d) Consequences. A Sublessor responsible for an Access Failure or Unavailable Premises receives no Payout for the affected period; is charged the Sublessor cancellation fee stated in the Fees Policy where the Booking is treated as cancelled; and may have the Listing blocked or removed, or the Sublessor’s account suspended or terminated, under Section 14. Two or more Access Failures or instances of Unavailable Premises in any twelve-month period, or one of them together with a cancellation under Section 8.5, are grounds for suspension or termination. (e) Reports; Determination. A Sublessee should report an Access Failure or Unavailable Premises through the Platform or at hi@joinsnag.com within twenty-four (24) hours after the Access Time. Snag determines whether an Access Failure or Unavailable Premises occurred through an expedited claim under the Dispute Resolution Policy and, pending that determination, may refund the Sublessee provisionally and withhold or offset the Sublessor’s Payouts. Amounts owed by the Sublessor under this Section 8.9 are recoverable as described in Sections 6.9 and 6.11. (f) Excused Reasons. Where an Access Failure or Unavailable Premises results from an excused reason described in the Fees Policy, no cancellation fee or substitute lodging cost is charged to the Sublessor, but the Sublessee still receives the refund described in Section 8.5. (g) Other Remedies. This Section 8.9 does not limit any other right or remedy that a Sublessee has against a Sublessor under the Sublease Agreement or applicable law.

9. SCREENING; IDENTITY VERIFICATION

9.1 Identity Verification. Snag may offer or require profile verification, in which a User submits a photograph of the User’s face and an image of a government-issued identification document to Snag’s third-party verification provider, which may compare the two, including through biometric technology, with the User’s consent, to confirm that the User is who the User claims to be. Verification data is collected, used, retained, and deleted as described in the Privacy Policy and any consent presented at the time of verification. A verified badge or status indicates only that the verification provider matched the submitted photograph and document. It is not an endorsement, background check, or guarantee of any User’s identity, conduct, or suitability.

9.2 Sublessor-Ordered Screening Reports. Snag offers Sublessors the ability to request, for a fee stated in the Fees Policy and paid by the Sublessor, a background, credit, and eviction screening report on a Sublessee who has submitted an Application. Screening reports are consumer reports prepared and furnished by an independent consumer reporting agency (currently Checkr, Inc.), and are furnished only after the Sublessee authorizes the report through the consumer reporting agency’s consent flow. By requesting a screening report, the Sublessor certifies that the Sublessor: (i) is requesting the report for the sole purpose of evaluating that Sublessee’s Application (a permissible tenant screening purpose) and will use it for no other purpose; (ii) will comply with the Fair Credit Reporting Act, including, before declining an Application or imposing different terms based in whole or in part on the report, providing the Sublessee with the notices required by law (including a copy of the report and the summary of consumer rights, and an adverse action notice); (iii) will comply with all applicable state and local screening laws, including laws limiting the use of criminal history (such as the New York City Fair Chance for Housing Act), laws prohibiting adverse action based on past landlord-tenant court proceedings, laws prohibiting discrimination based on lawful source of income, and laws limiting the fees that may be charged to rental applicants; (iv) will not share the report or its contents with any third party; and (v) will comply with the document disposal rule with respect to any report contents in the Sublessor’s possession. The screening fee is charged to the Sublessor and may not be passed on to the Sublessee except to the extent expressly permitted by applicable law.

9.3 Snag’s Role in Screening. Snag is not a consumer reporting agency, does not prepare or furnish consumer reports, and does not make, and is not responsible for, any decision on any Application. Screening results are provided to the requesting Sublessor by the consumer reporting agency, and disputes about the accuracy of a report must be directed to the consumer reporting agency.

9.4 Retention. Screening status and results are retained and deleted as described in the Privacy Policy.

10. USER CONTENT AND LISTINGS

10.1 Accuracy and Representations. You represent and warrant that any Content that you publish or transmit through the Platform or Services is accurate, truthful, and not misleading, and that you have full capacity and legal authority to publish or transmit same. You further agree that you are solely responsible for the accuracy of any Content that you publish or transmit through the Platform or Services.

10.2 Content Ownership and License. By providing Content (including text, images, audio, video, and other materials), you grant Snag a non-exclusive, irrevocable, worldwide, royalty-free, perpetual, sub-licensable, and transferable license to access, use, display, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit, in any manner, such Content for any purpose, including for promoting the Platform or Services.

10.3 Content with Personal Information. If your Content includes Personal Information, as defined in our Privacy Policy, it will be used in accordance with applicable data protection laws and our Privacy Policy.

10.4 Paid Content. Where Snag facilitates or pays for the creation of Content, additional terms may apply regarding ownership.

10.5 Your Responsibilities. You are solely responsible for all Content that you provide and warrant that you either own it or are authorized to grant Snag the rights described in these Terms. You are solely and exclusively responsible and liable if any of your Content violates or infringes the intellectual property or privacy rights of any third party. Content must comply with our Community Guidelines, which prohibit, among other things, discriminatory, obscene, harassing, deceptive, violent, and illegal Content.

10.6 Translation. You agree that Snag may make available services or automated tools to translate Content and that your Content may be translated using such services or tools. Snag does not guarantee the accuracy or quality of translations and Users are responsible for confirming the accuracy of such translations.

10.7 Prohibited Content. You agree not to post or transmit Content that is unlawful, defamatory, malicious, infringing, or otherwise objectionable. Snag reserves the right to remove any Content at its sole, exclusive, and absolute discretion.

10.8 Prohibited Conduct. You agree that you will not, under any circumstances:

10.8.1 Engage in conduct that disrupts or interferes with the Platform or Services;

10.8.2 Use the Platform or Services for any unlawful purpose;

10.8.3 Use the Platform for any fraudulent purpose;

10.8.4 Misrepresent your identity on or through the Platform or Services;

10.8.5 Misrepresent the nature of a Property, Sublet, or Listing;

10.8.6 Circumvent any trust-based mechanisms on the Platform or Services;

10.8.7 Falsify any information or data transmitted to or through the Platform or Services.

10.8.8 Engage in any conduct that disrupts or interferes with the operation of the Platform or Services;

10.8.9 Abuse, damage, disrupt, or interfere with the Platform or Services;

10.8.10 Introduce malware, spam, or hack any of Snag’s systems;

10.8.11 Hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the Snag Platform, Services, or Content;

10.8.12 Decipher, decompile, disassemble, or reverse engineer any of the software or hardware used to provide the Snag Platform or Services;

10.8.13 Take any action that could damage or adversely affect the performance or proper functioning of the Snag Platform;

10.8.14 Use any deep-link, page scrape, robot, crawl, index, spider, click spam, macro program, internet agent, or other automatic device, program, algorithm, or similar methodology to use, access, copy, acquire information, generate impressions or clicks, input or store information, search, generate searches, or monitor any portion of the Snag Platform or Services;

10.8.15 Disguise the origin of any information transmitted to, from, or through the Platform or Services;

10.8.16 Lie, misrepresent something or someone, or pretend to be someone else. For the avoidance of doubt, pursuant to this Section, you agree that you may not and will not:

10.8.16.1 Create a fake Listing or a Listing for a non-existent Property or Sublet;

10.8.16.2 Create a Listing for a Property or Sublet to which you do not have access or a right to advertise, list, or sublet;

10.8.16.3 Use inaccurate, fake, misleading, or non-representative photos on any Profile or Listing, including photos that do not display the actual space or person on the Listing or Profile, as the case may be;

10.8.16.4 Misrepresent or list fake, non-existent, or different-than-actual roommates on a Listing;

10.8.17 Abuse the functionality of the Platform or Services, including, without limitation, by:

10.8.17.1 Spamming other Users;

10.8.17.2 Initiating communications with other Users where you have no intention of subletting a Property to or from some or all of those Users;

10.8.17.3 Connecting with, or adding as a friend, multiple Users that you do not know or recognize.

10.8.18 Attempt to evade enforcement of these Terms or Snag policies;

10.8.19 Discriminate against or harass others.

10.8.20 Offer, lease, license, or promise the same Property or Sublet to more than one person for overlapping periods, whether on or off the Platform, or allow anyone else to occupy a Property or Sublet that is the subject of a Booking.

10.9 Limitations on Use. You agree that you will only use the Snag Platform and Services as authorized by these Terms and the terms incorporated herein by reference or another agreement with us. Specifically but without limitation:

10.9.1 You agree to only use another User’s personal information as necessary to facilitate a transaction as authorized by these Terms;

10.9.2 You agree not to use the Snag Platform, our messaging tools, or Users’ personal information to send commercial messages without their express consent;

10.9.3 You agree that you may use Content made available through the Snag Platform or Services solely as necessary to enable your use of the Snag Platform as a Sublessee or Sublessor;

10.9.4 You agree not to use Content unless you have permission from the Content owner or the use is explicitly authorized by us in these Terms or another agreement you have with us;

10.9.5 You agree not to engage in any practices that are intended to manipulate our search algorithm;

10.9.6 You agree not to use, copy, display, mirror, or frame the Snag Platform, any Content, any Snag branding, or any page layout or design without our consent; and

10.9.7 You agree not to misappropriate Content or intellectual property that belongs to Snag or to any User.

10.10 Multiple Accounts. You agree not to create or use more than one account without Snag’s express written consent.

11. YOUR RESPONSIBILITIES; ASSUMPTION OF RISK

11.1 Your Responsibilities. You are responsible for your actions and the actions of anyone you invite to use the Platform or access any Sublet (including its Common Areas) provided through the Services. Snag is not a party to any agreement between any Sublessor and any Sublessee or third-party for any Sublet, and you agree that Snag is not liable for any acts or omissions of any Sublessor, Sublessee, or third party.

11.2 Assumption of Risk. You acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of, in connection with, or otherwise pertaining to your access to and use of the Snag Platform and Services and any related Content, including your stay at any Sublet, use of any other Sublessor Service, or any other interaction you have with other User whether in person or online. This means it is your responsibility to investigate a Sublessor Service or Sublet to determine whether it is suitable for you. For example, Sublets may carry risk of, without limitation, illness, bodily injury, disability, or death, and you freely and willfully assume those risks and all others arising out of, in connection with, or otherwise pertaining to your engagement with the Platform, Services, Users, and any Sublet by choosing to use the Platform or Services. For the avoidance of doubt, this assumption of risk does not, in any way, confer any third-party right or benefit on any Sublessor that would in any way limit or impair any right of any Sublessee to take action against such Sublessor for that Sublessor’s negligence or misconduct. You agree that you have had the opportunity to thoroughly investigate Snag and any applicable laws, rules, regulations, and obligations, and that you are not relying, have not relied, and will not rely upon any statement of law made by Snag or its affiliates.

11.3 Assumption of Third-Party Risk. Snag allows Users to post Listings for Shared Spaces. You agree that as a Sublessee, that the foregoing assumption of risk set forth in Paragraph 11.2 above shall apply to any stay, tenancy, license, or occupancy you may have in a Shared Space, including based on the acts or omissions of other occupants of any such Shared Space or third parties. You agree, as a Sublessor, to assume all risk incident to Listing, advertising, or offering for Sublet via the Platform or Services any Shared Space, including any risk of harm caused to or by you, any Sublessee, or any third party. You further agree, in any capacity as a User, and without limitation on any other Section hereof, to be bound by the indemnification provisions and limitations of liability set forth in Section 18 of these Terms. Notwithstanding the foregoing, nothing in this Paragraph 11.3 shall in any way limit the right of any User to take action directly against any non-Snag or non-Snag-affiliate third-party or any occupant of a Shared Space based on that party’s negligence, recklessness, or willful or criminal misconduct.

12. CONTENT MODERATION; COMMUNITY STANDARDS

12.1 Community Standards. Snag is committed to ensuring that Users are treated with respect. Discriminatory and illegal behavior are not tolerated. You agree, by entering into these Terms, to be bound by Snag’s Community Guidelines, as may be updated from time to time, which are incorporated herein by reference.

12.2 Content Removal. Snag reserves the right to remove any Listing, Profile, or Content that it deems harmful, undesirable, or in violation of these Terms at its sole discretion.

12.3 User Content. Content posted by Users, including, without limitation, Listings, Profiles, photographs, reviews, and messages, is the responsibility of the User who posted it. Snag does not review all Content, does not verify it, and is not responsible for Content that is inaccurate, misleading, offensive, harmful, or unlawful. A decision by Snag to remove or not to remove any Content does not make Snag responsible for that Content.

13. SMS CONSENT

13.1 Mobile Number. By entering your mobile phone number at sign-up or log-in and continuing, you consent to receive SMS text messages from us about verification codes, booking requests, booking confirmations, and other account and transaction messages related to your use of the Platform and Services. Consent to receive marketing or promotional text messages is not required to use the Services and is requested separately, as described in Section 13.2.

13.2 Prior Express Written Consent. Snag sends marketing or promotional text messages only to Users who have separately opted in to receive them. Where the Telephone Consumer Protection Act requires prior express written consent for those messages, Snag obtains it through that separate opt-in. You may withdraw your consent to text messages at any time as described in Section 21.

13.3 Frequency; Rates. Message frequency may vary based on your interactions with us. Standard message and data rates may apply.

14. SUSPENSION; TERMINATION

14.1 Term. This Agreement is effective when you first access the Platform and remains in effect until terminated by you or by Snag in accordance with these Terms.

14.2 Account Suspension and Termination. Snag may, with or without notice or explanation, and with immediate effect, suspend or terminate your account with or without notice if:

14.2.1 you violate any part of these Terms or any additional Snag terms, policies, or standards;

14.2.2 you violate any laws, regulations, or third-party rights;

14.2.3 Snag believes, in its sole, exclusive, and absolute discretion that you have engaged in conduct that undermines the trust-based environment of the Platform or Services in any way; and/or

14.2.4 Snag believes or deems, in its sole, exclusive, and absolute discretion that such suspension or termination is necessary or appropriate, including, without limitation, to protect Snag, any User, or any third party;

14.3 Suspension and Limitations. You agree that Snag may, for any reason or for no reason:

14.3.1 Suspend or limit your access to, or use of, the Platform, Services, your account, and/or your profile;

14.3.2 Suspend, remove, disable access to, or restrict visibility of any Listing or other Content; and/or

14.3.3 Suspend or revoke any special status associated with your account.

14.4 Termination by You. You may terminate this agreement at any time by deleting your account. Termination of this agreement will not affect your rights or obligations relating to or arising out of your use of the Snag Platform before you terminated the agreement.

14.5 Termination for Convenience by Snag. Snag may terminate this agreement for any reason or for no reason with or without notice of its intent to terminate using any contact information you have provided for your account. Snag may terminate this agreement immediately and without notice and block you from accessing the Snag Platform. If your account has been inactive for more than one year, we may terminate your account without prior notice.

14.6 Legal Mandates. Snag may take any action it determines is reasonably necessary or appropriate to comply with applicable law, law enforcement, court order, or the order or request of any court, court officer, law enforcement agency, administrative agency, governmental body, or similar.

14.7 Effect of Termination. When this agreement has been terminated, you are not entitled to a restoration of your account or any of your Content. If your access to or use of the Snag Platform or Services has been limited, or your Snag account has been suspended, or this agreement has been terminated by us, you may not register a new account or access or use the Snag Platform or Services through an account of another User.

15. OBLIGATIONS

15.1 Use. Snag offers you the ability to use the Snag Platform and Services in accordance with these Terms.

15.2 Contracting with Users. When you engage with another User via the Snag Platform or Services, you may thereafter elect to enter into a contract directly with that User. Snag is not a party to any such contract between Users.

15.3 Independence. Your relationship with Snag is that of an independent individual or entity and not an employee, agent, joint venturer, or partner of Snag, unless otherwise explicitly stated herein. Snag does not direct or control any Listing, Sublet, or any services any User may offer in connection therewith, and you understand that you have complete discretion whether and when to provide a Listing, Sublets, or services, and at what price and on what terms to offer them.

15.4 Creating and Managing Your Listing. You agree to ensure that your Listing, at all times, contains complete and accurate information, including pricing, rules, requirements, the Security Deposit amount, and the applicable Cancellation Policy. You are responsible for keeping your Listing updated and for obtaining any necessary insurance. You agree to obtain any permits, licenses, or registrations as required by law in connection with your Listing and Sublet. You may only maintain one Listing per Sublet, but you may have multiple Listings for a single property if that property has multiple places to stay.

15.5 Legal Obligations. You are responsible for understanding and complying with all laws, rules, regulations, and contracts with third parties that apply to your Listing and Sublet. For example, some landlords and leases, or homeowner and condominium association rules, restrict or prohibit subletting or stays of certain lengths. Some cities have zoning or other laws that restrict certain rentals of residential properties. Some jurisdictions require Sublessors to register, get a permit, or obtain a license before providing certain Sublets for rent. In some places, the Sublets you may want to offer may be prohibited altogether. Some jurisdictions require that you register Sublessees who stay at your Sublet. Some jurisdictions have laws that create tenancy rights for Sublessees and impose additional obligations on Sublessors. Some places have landlord-tenant, rent control, rent stabilization, and eviction laws that may apply to certain stays. You agree that you are solely and exclusively responsible for knowing, understanding, and complying with your local rules and for learning what rules apply to any Sublet or Listing you plan to offer and that you will not offer, advertise, or create a Listing for any Sublet or offer for rental, license, or sublet any Property that would violate any applicable law, rule, regulation, or that would breach any contract with any third party. Information we provide regarding legal requirements is for informational purposes only, and you should independently confirm your obligations. The information in this section is neither comprehensive nor legal advice. You are responsible for handling and using personal data of Sublessees and others in compliance with applicable privacy laws and these Terms. If you have questions about how local laws apply you should always seek legal advice from a licensed attorney. In addition to the foregoing, you agree that you will:

15.5.1 Follow the laws that apply to you, including privacy, data protection, and export laws;

15.5.2 If you provide us with someone else’s personal information, you: (i) must do so in compliance with applicable law, (ii) must be authorized to do so, and (iii) authorize us to process that information under our Privacy Policy;

15.5.3 Read and follow these Terms and our policies;

15.5.4 Do not use the name, logo, branding, or trademarks of Snag or others without permission;

15.5.5 Do not use or register any domain name, social media handle, trade name, trademark, branding, logo, or other source identifier that is confusingly similar to any Snag trademark, logo, or branding;

15.5.6 Do not publish, advertise, or offer any Listing or Sublet that violates laws or agreements that apply to you. Do not offer or solicit prostitution or participate in or facilitate human trafficking.

15.5.7 Room Rentals; Lawful Occupancy. If you offer an individual room or a Shared Space rather than an entire Property, you are responsible for ensuring that the resulting occupancy is lawful, including under laws that limit the number of unrelated persons who may occupy a dwelling unit, require the occupants of a dwelling unit to maintain a common household with access to all parts of the unit, prohibit the conversion of a dwelling unit into a rooming house or single-room-occupancy arrangement, and limit the number of additional occupants a tenant may take in. You represent and warrant, each time a Listing you maintain for a room or Shared Space is booked, that the occupancy resulting from that Booking is lawful. If a governmental vacate order, occupancy violation, or similar governmental action prevents or terminates a Sublessee’s occupancy of a Sublet, then, as between the Users, the Booking is treated as cancelled by the Sublessor under Section 8.5. The Sublessee is entitled to the refund described in that Section, which Snag may recover from the Sublessor as described in Section 6.9. The Sublessor is responsible for the resulting losses.

15.6 Reporting Violations. If you believe that a User, Listing, Sublet, or Content poses an imminent risk of harm to a person or property, you should immediately contact local authorities before contacting Snag. In addition, if you believe that a User, Listing, or Content has violated these Terms or Snag policies or standards, you should report your concerns to Snag. If you reported an issue to local authorities, Snag may request a copy of that report. Except as required by law, we are not obligated to take action in response to any report.

15.7 Intellectual Property Notifications. If you believe that any Content on the Snag Platform infringes on any intellectual property rights of others, please notify us, and furnish the following:

15.7.1 An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

15.7.2 A description of the work that you claim has been infringed;

15.7.3 A description of where the material that you claim is infringing is located on the Snag Platform;

15.7.4 Your address, telephone number, and e-mail address;

15.7.5 A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

15.7.6 A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Our Copyright Agent for Notice of claims of copyright infringement on the Site is Moss & Moss LLP, who can be reached at:

Moss & Moss LLP
ATTN: Snag IP Agent
381 Park Avenue South, Suite 1220
New York, New York 10016

15.8 Your Responsibilities. You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing any services in connection with your Listings or Sublets. You are responsible for setting your price and establishing rules and requirements for your Listing.

15.9 Taxes. You are responsible for all tax obligations (including VAT, occupancy, tourist, income, or other taxes) related to the provision of, or stay at, any Sublet or in connection with any Listing, as the case may be. Snag does not collect or remit taxes on behalf of Users. Snag facilitates payments between Users solely as described in Section 6.

15.10 No Circumvention. You agree not to use the Platform or Services to identify a potential Sublessor, Sublessee, Property, or Sublet and then complete, or attempt to complete, the resulting booking, sublease, rental, extension, renewal, or payment off the Platform in order to avoid the Snag Fee or any other amount owed under these Terms, and not to solicit, encourage, or assist any other User to do so. Any booking or sublease originated through the Platform, and any extension or renewal of it commencing within twelve (12) months after the end of the original term (or within twelve (12) months after a mutual termination of it), must be completed, and all related payments must be made, through the Platform. If Snag determines, in its sole, exclusive, and absolute discretion, that a User has circumvented or attempted to circumvent this Section, Snag may charge the Snag Fees that would have been payable to the User’s payment method on file, withhold Payouts in a corresponding amount, and/or suspend or terminate the User’s account. Snag may also pursue the remedies described in the Dispute Resolution Policy and recover its costs as described in the Fees Policy.

16. SNAG’S ROLE

16.1 Platform Access; Provision of Services. Snag provides the Platform and Services as a tool for Sublessors and Sublessees to interact. While Snag strives to ensure a positive experience, it does not control the conduct of any User.

16.2 Monitoring and Enforcement. Snag reserves the right, but does not have any obligation, to monitor, record, disable access to, remove, edit, and review any communications and Content on the Snag Platform and Services for, without limitation, the following purposes:

16.2.1 To operate, secure, and improve the Snag Platform (including for fraud prevention, risk assessment, investigation, and customer support purposes);

16.2.2 To ensure Users’ compliance with these Terms;

16.2.3 To comply with applicable law or the order or requirement of a court, law enforcement, or other administrative agency or governmental body;

16.2.4 To address Content that we determine is harmful or objectionable;

16.2.5 To take actions set out in these Terms;

16.2.6 To maintain and enforce any quality or eligibility criteria, including by removing Listings; and

16.2.7 For any other purpose that Snag, in its sole, exclusive, and absolute discretion deems necessary or appropriate under the circumstances.

16.3 Additional Policies. Users acknowledge and agree that Snag administers additional policies, terms, and standards, and has sole, exclusive, and absolute discretion in determining whether and how to apply them to a particular situation. Users agree to cooperate with and assist Snag (and its affiliates) in good faith, and to provide us with such information and take such actions as may be reasonably requested by us with respect to any investigation undertaken by us regarding the use or abuse of the Snag Platform or Services. Snag does not act as an agent for any User except as expressly stated in Section 6 and Section 7.

17. MODIFICATION OF THESE TERMS

17.1 Modification of These Terms. Snag may modify these Terms at any time. When we make material changes to these Terms, we will post the revised Terms on the Snag Platform or Services and update the “Last Updated” date and Version number at the top of these Terms. We may also provide you with notice of any material changes by email, notifications through the Snag Platform, messaging service, or any other contact method made available to us by you at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement immediately as provided in these Terms. If you do not terminate your agreement before the date the revised Terms become effective, your continued access to or use of the Snag Platform or Services will constitute acceptance of the revised Terms.

18. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY; INDEMNIFICATION

18.1 Disclaimer of Warranties. The Platform, Services, and all Content thereon are provided “as is” without warranty of any kind, whether express or implied. Snag disclaims all warranties related to the existence, performance, safety, quality, legality, suitability for a particular purpose, or suitability of any Content, Listings, Sublets, or third-party services. Snag does not endorse or ensure the safety, quality, legality, or suitability of any User or third party. Snag does not warrant the performance or non-interruption of the Snag Platform or Services. Snag does not warrant that any of Snag’s technologies or processes can identify any User past misconduct or prevent future misconduct. The disclaimers in these Terms apply to the maximum extent permitted by law. If you have statutory rights or warranties Snag or its affiliates cannot disclaim, the duration of any such statutorily required rights or warranties will be limited to the maximum extent permitted by law.

18.2 Limitations of Liability. Neither Snag (including its affiliates and personnel) nor any party involved in delivering the Services will be liable for any incidental, special, exemplary, or consequential damages (including without limitation, lost profits, data, goodwill, service interruption, computer damage, or device failure, the cost of substitute products or services) or for any personal, bodily, or emotional injury or distress – whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Snag has been informed of the possibility of such damage, even if a limited remedy set out in these Terms is found to have failed of its essential purpose – arising out of, in connection with, or in any way pertaining to:

18.2.1 These Terms;

18.2.2 The use of or inability to use the Snag Platform, Services, or any Content;

18.2.3 Any communications, interaction or meeting you may have with someone you interact or meet with, through, or as a result of, your use of the Snag Platform or Services;

18.2.4 Publishing a Listing;

18.2.5 The provision or use of Sublets.

18.3 Aggregate Liability. You agree that in no event will Snag’s aggregate liability for any claim, controversy, or dispute arising out of, in connection with, or in any way pertaining to these Terms, your interaction with any User, or your use of or inability to use the Snag Platform or Services, any Content, or any Listing or Sublet:

18.3.1 As a Sublessee or a Sublessor, exceed the amount you have paid to Snag during the 12-month period prior to the event giving rise to the liability;

18.3.2 As to anyone else, one hundred U.S. dollars (US$100).

18.4 Specific Release of Liability. For the avoidance of doubt, and without limiting the scope of the limitations of liability set forth in this Section 18, you further agree, on behalf of yourself and your heirs, successors, assigns, and legatees to fully and forever release Snag’s employees, officers, contractors, or other agents from any personal liability they may have for any action, omission, or occurrence relating in any way to their work for Snag or your use of Snag’s Platform or Services.

18.5 Indemnification. To the maximum extent permitted by applicable law, you agree to release, defend (at Snag’s option), indemnify, and hold Snag (including its affiliates and their personnel) harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:

18.5.1 Your breach of these Terms (including any supplemental or additional terms that apply to a product or feature) or our additional Terms, policies, or standards;

18.5.2 Your improper use of the Snag Platform;

18.5.3 Your interaction with any User or stay at a Sublet, including, without limitation, any injuries, losses, or damages (whether compensatory, direct, incidental, consequential, or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation, or use;

18.5.4 Your failure to accurately report, collect, or remit Taxes;

18.5.5 Your breach of any contractual obligation;

18.5.6 Your breach of any laws, regulations, or third-party rights such as intellectual property or privacy rights;

18.5.7 Your use of the Platform or Services; and

18.5.8 Any Sublet or Property, including any Shared Space, which you advertise, offer, create a Listing for, enter, license, occupy, purchase, rent, lease, or sublease in connection with, or in any way pertaining to, your use of the Platform or Services.

You agree to indemnify and hold Snag (including Snag affiliates and their personnel) harmless from and against any of the aforementioned claims, liabilities, damages, losses, and expenses, regardless of Snag’s responsibility for negligence and howsoever the same may be caused.

18.6 Fundamental Elements. The foregoing provisions in this Section 18 are fundamental elements of the agreement between you and Snag. If applicable law does not allow the foregoing limitations set out in these Terms, the above limitations may not apply to you.

19. DISPUTE RESOLUTION; ARBITRATION AGREEMENT

PLEASE READ THE SNAG’S DISPUTE RESOLUTION POLICY AND ARBITRATION AGREEMENT CAREFULLY BECAUSE THEY PROVIDE THAT YOU AND SNAG AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION AND INCLUDE A CLASS ACTION WAIVER AND JURY TRIAL WAIVER. The Dispute Resolution Policy and Arbitration Agreement are accessible at https://snagsublets.com/legal/dispute-resolution and are incorporated herein by reference. The version published at that link supersedes all prior versions.

20. MISCELLANEOUS

20.1 Competency. You represent that you are at least 18 years old and that you are of sound mind and have the capacity to accept these Terms.

20.2 Section 230(d) Notice. There are commercially-available parental control protections that may assist you in limiting access to material that is harmful to minors. Common Sense Media, a 501(c)(3) nonprofit organization that is not related to Snag in any way, maintains a partial list of available parental control protections, which can be found at https://www.commonsensemedia.org/articles/parents-ultimate-guide-to-parental-controls. The United States Federal Trade Commission also offers advice about protecting children online, which is available at https://consumer.ftc.gov/articles/parental-controls.

20.3 TCPA Authorizations. You authorize Snag to contact you using the contact information you provide to us, including by email, SMS message, or phone call (including automated calls), for account, transaction, and service communications related to your use of the Services. Snag sends marketing text messages and automated marketing calls only as permitted by Section 13 and applicable law.

20.4 Governing Law and Venue. You agree that these Terms will be governed and interpreted exclusively in accordance with the laws of the State of New York and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the arbitration agreement herein must be brought in state or federal court in New York County, New York State, unless you and we both agree to some other location. You and we both consent to venue and personal jurisdiction in New York County, New York State.

20.5 Severability. If any provision of these Terms shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.

20.6 Survival. All parts of these Terms that, by their nature, can survive termination, will survive termination of this Agreement.

20.7 Waiver. The failure of either Party to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. Any waiver of these Terms must be in writing and signed by an authorized representative of the waiving Party.

20.8 Construction. The Parties agree that this Agreement should not, and may not, be construed as against one Party or the other as a drafter hereof. The Parties hereby waive all rights to have this Agreement, in whole or in part, interpreted in favor of one Party over the other.

20.9 Relationship of the Parties. Neither these Terms nor your use of the Snag Platform shall be construed to create a partnership, joint venture, employment, or other agency relationship between you and Snag, nor shall either Party hold itself out as an agent of the other. Neither Party has any right or authority to incur, assume, or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other Party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.

20.10 Entire Agreement. These Terms govern your relationship with Snag and supersede all other understandings or agreements you may have with Snag. The application of these Terms, as now in effect or as hereafter modified or amended, to you shall not be limited or excluded except through a written agreement with you signed by an authorized representative of Snag and specifically providing that such agreement shall apply notwithstanding contrary provisions of these Terms.

21. SMS MESSAGING TERMS

By providing your phone number and opting in, you agree to receive SMS messages from Snag related to your account and sublet activity. These messages may include verification codes, booking requests, booking confirmations, booking invitations, and reminders about unread messages. Snag does not send marketing text messages unless you separately opt in as described in Section 13.

Message Frequency

Message frequency may vary depending on your activity on the platform.

Message and Data Rates

Message and data rates may apply depending on your mobile carrier and plan.

Opt-Out

You may opt out of receiving SMS messages at any time by replying STOP to any message. After opting out, you will no longer receive SMS notifications unless you opt back in.

Customer Support

If you need assistance, reply HELP to any message or contact us at hi@joinsnag.com

Messaging Policy

For more information about how we collect and use your information, please review our Messaging Policy at https://snagsublets.com/messaging-policy