Terms of Service

About these terms

Please read these Terms of Service carefully before using Vandon Forbes's services. These Terms constitute a legally binding agreement between you and Vandon Forbes, operating on the Proppely platform. For questions, contact legal@proppely.com.

1. Acceptance of Terms

By creating an account, accessing, or using the Proppely platform (the "Service"), you agree to be bound by these Terms of Service ("Terms"), our Privacy Policy, and the Arbitration Agreement and Class Action Waiver in these Terms. If you are accepting these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity.

If you do not agree to these Terms, you may not access or use the Service. We reserve the right to update these Terms at any time. Continued use of the Service after changes constitutes acceptance of the revised Terms. We will provide notice of material changes via email or an in-app notification.

2. Services Description

Proppely provides a cloud-based property management platform designed for property managers, brokerages, and landlords. Core functionality includes: property and unit management, tenant onboarding and portal access, online rent collection, maintenance request tracking, lease document management with e-signatures, accounting and financial reporting, listing syndication, and team collaboration tools.

We reserve the right to modify, suspend, or discontinue any portion of the Service at any time with reasonable notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

The Service is intended for use by real estate professionals and landlords in the management of residential and commercial properties. Use of the Service to manage properties you do not legally own or manage is prohibited.

3. Subscription Plans & Billing

Proppely offers tiered subscription plans (Starter, Growth, Enterprise). Current plan details and pricing are available at proppely.com/pricing. Plan features, unit limits, and pricing are subject to change with 30 days' notice to existing subscribers.

Paid subscriptions are billed monthly in advance. By providing a payment method, you authorize us to charge your method on a recurring basis. All fees are in U.S. dollars and are non-refundable except as required by law or as otherwise stated herein.

If your payment fails, we will notify you and provide a grace period of 7 days to update your payment method. Failure to resolve the payment may result in suspension of your account and loss of access to the Service. Reactivation of a suspended account may require payment of past-due amounts.

You may upgrade your plan at any time; the upgrade takes effect immediately and you will be charged a prorated amount for the remainder of your billing cycle. Downgrades take effect at the end of your current billing period.

Payment-processing fees apply to rent collected through the Service — currently 3.5% plus $0.30 per card transaction (Visa and Mastercard) and $2.35 flat per ACH bank transfer — and are deducted at the time of each transaction. Current rates are published on the pricing page and may be updated from time to time.

4. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to: (a) use the Service to harass, abuse, or harm any person; (b) upload or transmit any content that is unlawful, defamatory, obscene, or fraudulent; (c) attempt to gain unauthorized access to any part of the Service or any other account; (d) interfere with or disrupt the integrity or performance of the Service; (e) engage in any automated scraping, data mining, or data extraction from the Service without our written consent; (f) reverse engineer or attempt to derive the source code of the Service.

You are responsible for all content uploaded to the Service under your account, including property listings, lease documents, tenant communications, and financial records. You represent that you have the necessary rights to share any content you upload.

Violations of this Acceptable Use policy may result in immediate suspension or termination of your account without refund.

5. Tenant Screening & FCRA Compliance

The Service may facilitate tenant screening, including credit checks, background checks, and eviction history searches, through integrated third-party consumer reporting agencies. These services are governed by the Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681 et seq.

As a property manager or landlord using tenant screening features, you are a "user" of consumer reports under the FCRA. You represent and warrant that you will use consumer report information solely for permissible purposes (i.e., evaluating rental applications) and will comply with all FCRA obligations, including: (a) obtaining written consent from applicants before ordering a consumer report; (b) providing applicants with a copy of the consumer report and a summary of their rights when taking adverse action; (c) issuing proper adverse action notices if you deny a rental application based in whole or in part on information in a consumer report.

Proppely is not a consumer reporting agency and is not responsible for the accuracy of information in consumer reports generated by third-party providers. Disputes regarding the accuracy of consumer report information must be directed to the applicable consumer reporting agency.

6. Proppely Payments

Proppely Payments enables rent collection, subscription billing, and related money movement through third-party payment infrastructure. By using Proppely Payments, you authorize Proppely and its payment processors to collect and verify the information required to provide payment services.

Property managers who collect rent through the Service are required to complete identity verification and compliance review. Failure to complete verification may result in holds on fund disbursements or restrictions on payment processing.

By accepting the Proppely Payments Terms, you also agree to the terms of service, privacy policy, and merchant or connected-account agreement of the payment processor that serves your account, as required to provide payment services. Those terms are made available to you during payment onboarding.

Payment-processing fees are separate from Proppely subscription and platform fees and may change based on payment method, processor rules, network rules, and applicable law. Proppely is not liable for processor outages, payment delays, chargebacks, or disputes between property managers and tenants.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PROPPELY, INC. AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICE.

OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO PROPPELY IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

The Service is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

8. Arbitration Agreement and Class Action Waiver

Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court.

Informal resolution. Before initiating arbitration, you agree to contact legal@proppely.com (and the brokerage operating this site, where applicable) and attempt in good faith to resolve the dispute informally for at least 30 days.

Binding arbitration. Except for the limited exceptions below, you and the parties to these Terms agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Service, or any related communications (including listing inquiries, applications, and marketing messages) will be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (or Commercial Arbitration Rules if you are using the Service for business purposes). The arbitration will be conducted in English. The seat of arbitration will be Cook County, Illinois, unless the parties agree otherwise or applicable law requires a different venue for consumers. Judgment on the award may be entered in any court with jurisdiction.

Exceptions. Either party may bring an individual action in small claims court if the claim qualifies. Either party may seek temporary or preliminary injunctive relief in court to protect intellectual property rights or to stop unauthorized access to or misuse of the Service, without waiving the right to arbitration of the underlying dispute.

CLASS ACTION WAIVER. YOU AGREE THAT YOU MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding. If this class action waiver is found to be unenforceable as to a particular claim, then that claim (and only that claim) must be brought in court and not in arbitration.

Jury trial waiver. To the extent any dispute proceeds in court rather than arbitration, the parties waive any right to a jury trial.

Opt-out. You may opt out of this Arbitration Agreement and Class Action Waiver by sending written notice to legal@proppely.com within 30 days of first accepting these Terms. Your notice must include your name, the email associated with your account (if any), and a clear statement that you wish to opt out of arbitration. Opting out does not affect any other provision of these Terms.

Survival. This section survives termination of these Terms or your account.

9. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of law provisions, except that the Federal Arbitration Act governs the interpretation and enforcement of the Arbitration Agreement and Class Action Waiver.

Subject to the Arbitration Agreement, any court proceedings permitted under these Terms shall be brought exclusively in the federal or state courts located in Cook County, Illinois, and you consent to personal jurisdiction in those courts.

You agree that any claim arising from your use of the Service must be brought within one (1) year of the date on which the cause of action arose, after which such claims are permanently barred.

10. Resident and Applicant Text Message Terms

If you opt in to receive text messages (SMS) from a brokerage using Proppely (or from Proppely on a brokerage's behalf), you agree to these text message terms. Proppely uses SMS primarily for transactional rent due and overdue reminders when you provide a mobile number and affirmatively opt in (for example, by checking the rent-reminder SMS box when accepting a tenant invitation or in notification settings). Listing-inquiry or other SMS programs, where offered, require a separate clear opt-in.

Accepting these Terms alone does not enroll you in rent-reminder SMS. Consent to receive texts is not a condition of renting or applying. Message frequency for rent reminders is typically a few messages per month when rent is due or past due. Message and data rates may apply.

You may opt out at any time by replying STOP (or STOPALL, UNSUBSCRIBE, CANCEL, END, or QUIT). For help, reply HELP or contact the brokerage that messaged you, or email support@proppely.com. After you opt out, we will send a one-time confirmation and stop rent-reminder texts to that number.

Carriers are not liable for delayed or undelivered messages. Automated technology may be used to send opted-in messages. SMS is delivered via third-party messaging providers (including Twilio). WhatsApp and Telegram communications, where available, are separate channels governed by those platforms' terms and your in-product linking or notification choices.

11. Termination

You may terminate your account at any time through the account settings page or by contacting support@proppely.com. Termination does not entitle you to a refund of any prepaid subscription fees.

We may terminate or suspend your account immediately, without prior notice, if you breach any provision of these Terms, engage in fraudulent activity, or if we are required to do so by law. Upon termination, your right to use the Service ceases immediately.

Following account termination, we will retain general account data for 90 days, during which you may request an export. After that period, general data may be deleted in accordance with our data retention policy.

Completed electronic signature records (signed leases and related legal documents) are retained for seven (7) years in immutable storage, independent of account termination, to satisfy ESIGN/UETA record-retention requirements and typical lease record-keeping obligations.

12. Contact

For questions about these Terms, please contact us at legal@proppely.com or by mail at: Proppely, Inc., 1333 Monroe Street, Hollywood, FL 33019.