Customer Terms

A1. What eSamaHomes is

eSamaHomes is software for managing rental property: leases, rent, maintenance, documents, messages and reports.

We are not a landlord, a property manager, a real estate broker, a law firm, a bank or a payment company. We are not a party to any lease. We do not write leases. We do not hold, receive or move rent, deposits or anyone's money. We do not give legal, tax or accounting advice.

A2. Your account

• You must be at least 18 and able to enter a contract. If you open the account for a company, you confirm you have authority to bind it.
• Keep your sign-in secure. Tell us right away at support@esamahomes.com if you think someone else has used it.
• You are responsible for what happens in your account, including what your team members do.
• You choose one of two modes: Landlord (you own the properties) or Property Manager (you manage properties for other owners). You can switch modes. Section A8 applies to Property Manager mode.

A3. Using eSamaHomes

You may use eSamaHomes to manage rental property lawfully. You may not:

• use it to discriminate against anyone in housing, or to harass anyone;
• access properties, people or data you are not authorized to reach;
• upload malware, try to break our security, or overload the service;
• copy or scrape the service or other customers' data;
• pretend to be someone else.

We may suspend access when needed to protect people, data, payments or the service, or to follow the law. We will tell you when we reasonably can.

A4. Subscription and billing

• Plans. Prices and unit limits are on our pricing page. The plan you choose at checkout applies.
• Trial. New accounts get a 7-day free trial. A card is required to start it. You are charged when the trial ends unless you cancel before.
• One trial per customer. If you had a trial or a subscription before, you are charged when you subscribe again.
• Renewal. Your subscription renews every month and is charged to your card until you cancel.
• Cancelling. Cancel any time in Settings. You keep access until the end of the period you paid for. After that, your account is blocked.
• Refunds. We do not refund part of a month.
• Failed payment. If your subscription payment fails, your account may be locked until you update your card.
• Price changes. We will give you at least 30 days' notice by email before a price change applies to you.

A5. Rent payments

• Your own Stripe account. Tenants pay rent into your Stripe account, which you connect in eSamaHomes. The money goes from the tenant's bank to you through Stripe. It never passes through eSamaHomes. Stripe's own agreement governs your Stripe account.
• Bank payments only. Tenants pay by bank account (ACH). Bank payments can take up to 4 business days to clear, and a payment can be returned after it looks complete — for example, for insufficient funds. A returned payment means the rent is unpaid.
• Fees. eSamaHomes charges no fee on rent payments. You pay Stripe's fees, including fees for returned payments and disputes, under your agreement with Stripe.
• Your responsibility. You handle refunds, disputes and any money owed between you and your tenants. We are not responsible for a payment that fails, is returned, is disputed or is delayed.
• Auto-pay. Tenants may choose to pay automatically. Stripe collects and keeps the tenant's authorization.

A6. Your responsibilities as a landlord or manager

You are responsible for:

• your leases and everything in them, including rent, late fees and other charges, which must follow your lease and the law;
• fair housing and all landlord-tenant laws that apply to you;
• security deposits and advance rent, including where they are held;
• repairs, property condition and habitability;
• tenant screening decisions and any notices the law requires after them;
• legal notices. A message, email or reminder sent through eSamaHomes is not a legal notice unless the law and your lease allow it to be. Deliver legal notices — late notices, eviction notices, deposit claims — the way the law requires;
• the accuracy of the information you enter.

eSamaHomes sends reminders and applies late fees using the settings you choose. We do not check them against the law. That is your job.

A6b. Leases and electronic signatures

• Your lease is yours. eSamaHomes does not write leases and adds no lease terms. You upload your own lease template; eSamaHomes fills it with the information you enter and adds a signature page.
• You alone are responsible for your lease being legal, accurate and enforceable, including every term, fee and notice in it, and the information filled into it.
• No legal advice. We do not give legal advice and do not promise that a lease, a document or a signing meets Florida law or the law of any other state. Talk to a licensed attorney when you need advice about a lease or a tenancy.
• What we do. eSamaHomes only prepares documents from your template and your data, and helps collect electronic signatures through our signing provider. Before you send a lease for signing, you review it and confirm it is correct.
• Electronic signatures. Each signer must agree to sign electronically (our Consent to Electronic Signatures and Records at esamahomes.com/legal/esign-consent) and confirm a code sent to their email. If someone does not want to sign electronically, sign on paper instead.
• Records. When everyone has signed, eSamaHomes keeps a copy of the signed lease and the signing record, with each signer's name, email, IP address, consent and signing times. The date the lease was signed is kept apart from the date the tenancy starts.
• Nothing in this section limits our responsibility for our own mistakes in filling a document.

A7. Your data

• It is yours. You keep all rights to the information you put into eSamaHomes. You let us store it, show it to the people you authorize, back it up and process it so we can run the service and follow the law.
• People you add. When you add tenants, owners, vendors or team members, you confirm you have the right to share their information with us for this purpose. You are responsible for requests from them about records you keep about them.
• Documents. Upload only what you need. ID documents and proof of income are sensitive; keep them only as long as you have a reason to.
• After you cancel. We keep your account data for 90 days after your account is blocked. During those 90 days you can ask us at support@esamahomes.com for a copy of your records. After 90 days we delete your account data. Deleted data leaves our backups within 14 more days. We may keep some records longer where the law requires it, such as billing records.

A8. Property Manager mode

If you use Property Manager mode:

• You are the manager, not us. You confirm you hold every license and registration your work requires, including any real estate license your state requires to manage property or to sign leases for owners, and that you have written authority from each owner for what you do.
• Signing leases for an owner. When you sign a lease for an owner, you confirm you have the owner's legal authority to do it, ideally in an express clause of your management agreement. Your signature names you as the owner's authorized agent. eSamaHomes asks you to confirm this each time and relies on your confirmation; we do not check your agreement with the owner.
• Money you hold. Rent paid through eSamaHomes goes to your Stripe account. Paying owners, holding owners' funds, trust or escrow accounts, and owner statements are your responsibility, under your agreements with owners and the law.
• Owners' access. You decide what owners can see and do in the owner portal.
• Your records. Owner statements, balances and reports in eSamaHomes are tools to help you. They are only as correct as the information you enter. They are not an audit and not accounting advice.
• Never say we are the manager. Do not tell anyone that eSamaHomes is the property manager, broker or trust account holder.

A9. Other companies we use

We use other companies to run eSamaHomes: Stripe (rent payments and our billing), Amazon Web Services (hosting and storage), Resend (email), Google (sign-in and checking property addresses), Sentry (error reports) and Firma (electronic signatures; it stores signing records in the European Union, and its email provider may handle signers' names and emails in the United States). The Privacy Policy lists what each one receives.

• Listing sites. When you switch on a listing site (today Apartments.com and Dwellsy), your published listings and your business name, email and phone are sent to it.
• Tenant screening. Screening is ordered on TransUnion SmartMove's own site, through a link in eSamaHomes. eSamaHomes sends TransUnion nothing. TransUnion may pay eSamaHomes a referral fee for screenings ordered through that link.
• Eviction cases. If you connect your own Evictions API account, you can send an eviction case for a lease from eSamaHomes. Only then do we send Evictions API the case's information: your tenants' names and phone numbers, the property, the lease, its rent ledger and the documents you choose. Evictions API and its attorneys handle the case under their own terms; you pay them directly, never through eSamaHomes. eSamaHomes is not a law firm and gives no legal advice; you decide whether to send a case and are responsible for what you send. While a case is open, your tenant can't pay that lease online.

Their own terms apply to their services. We do not guarantee their services.

A10. Availability

We work to keep eSamaHomes running, but it may be down for maintenance, fixes or problems outside our control. To the extent the law allows, eSamaHomes is provided "as is", without promises that it will always be available or fit a particular purpose.

A11. Liability

To the extent the law allows:

• We are not responsible for property condition, leases, repairs, screening decisions, legal notices, late fees, deposits, money held by you, or anything done by you, your team, your tenants, owners or vendors.
• We are not responsible for indirect losses, such as lost profits or lost data you could have exported.
• Our total liability for any claim is limited to the greater of $100 or what you paid us in the 12 months before the event.

Nothing here limits liability that the law does not allow to be limited, or our liability for fraud or willful misconduct.

A12. You protect us

To the extent the law allows, you will defend and pay for claims by others against eSamaHomes that come from your properties, leases, charges, notices, screening, money handling, the data you provide, or your breaking these terms — except where we caused the problem.

A13. Changes to these terms

We may change these terms. We will post the new version with its date. For important changes we will ask you to accept the new version before you continue using eSamaHomes. Changes do not affect anything that happened before them.

A14. Ending the account

• You can cancel any time (A4).
• We may end or suspend your account if you seriously break these terms, after notice and a chance to fix it when that is reasonable, or right away for security, fraud or illegal use.
• Ending the account does not cancel money you owe, or your leases.

A15. Law and disputes

Florida law applies. Disputes go to the state or federal courts in Palm Beach County, Florida. Before going to court, please write to support@esamahomes.com so we can try to solve it. There is no required arbitration.

A16. Contact

ESAMA HOMES LLC, 7765 Lake Worth Road, Suite 1062, Lake Worth, FL 33467

Email: support@esamahomes.com · Phone: (561) 308-4562

Privacy questions: privacy@esamahomes.com

Notices to eSamaHomes are notices to the software company only — not to any landlord or tenant under a lease.