KEYHOLDER TERMS OF USE FOR LANDLORDS AND LETTING AGENTS

Last updated: July 17th, 2023

THE KEYHOLDER PLATFORM AND SERVICES

Keyholder is a communication platform for tenants, prospective tenants, landlords, property managers, real estate brokers and agents, and sub-lessors.

This document outlines the terms of our relationship with you. It explains our responsibilities and your responsibilities as a user of our services, and details how you can use our website, apps, and other services (collectively referred to as the "Platform"). These terms are legally binding, so please make sure to read them carefully.

Please note that these terms only apply to your use of the Platform and do not create any relationship or agreement between you and any other person, including our affiliates and third-party service providers.

Users of Keyholder are:

Users of the platform who are looking to rent a home and use Keyholder to provide information about themselves to landlords and agents. These users can create a profile, and are known for the purpose of this Agreement as “Tenants”.
Users of the platform who use it to receive information about Tenants, who are known for the purpose of this Agreement as “Landlords”. For the purposes of Keyholder, the definition of Landlord includes anyone acting on behalf of a Landlord, such as Letting Agents and Property Managers too.

If you are a tenant or someone looking to rent a property, you are referred to as a "Tenant". If you own or manage a property that you rent out, or wish to rent to Tenants, or you help Landlords rent to Tenants, you are referred to as a "Landlord" (which includes institutional landlords).

This Agreement applies to all persons who use our Services as a Landlord as defined above. The Agreement for Tenants can be found here.

Keyholder is a trading name of Credit Score Technology Limited (“Keyholder, We, Our, Us”), a company registered in Ireland. Our registered office is at 71-73 Rock Road, Blackrock, Co. Dublin.

Where we say “we” “our” or “us” in this document, we are referring to ourselves. If we say "you" or "your" in these terms, we mean you, the user of the platform.

Keyholder connects landlords, property managers, real estate brokers and agents, and sub-lessors, with rental tenants, and prospective rental tenants to exchange information about rental properties and tenants/prospective tenants and facilitate transactions with one another (the “Platform”). These terms of use (the “Terms”) govern your use of the Platform and all content, services, and products available on or through the Platform, regardless of how you access them (together, the “Services”).

By accessing or using the Platform or Services, you agree to be bound by these Terms and all Keyholder policies. If you do not accept these Terms, you may not use the Platform or Services.

If you are using the Platform or Services on behalf of a company, organisation, or other entity, you represent and warrant that you have the authority to bind that entity (as well as all users who will have access to your account) to these Terms. If you do not have that authority or are not sure if you have that authority, you may not use the Platform or Services.

Certain Services, including but not limited to Keyholder PRO services, may be subject to additional terms (“Supplemental Terms”). These Supplemental Terms will be presented to you for acceptance when you sign up for the additional Services. In the event of a conflict between these Terms and the Supplemental Terms, the Supplemental Terms will take precedence.

By accessing or using the Platform and Services, you agree to be bound by these Terms. These Terms constitute a legally binding agreement between you and Keyholder, regardless of whether you register with Keyholder or not. You, or the entity you represent, are referred to as 'you' or 'your' in these Terms.

CHANGES TO THIS AGREEMENT

Keyholder reserves the right to change these terms at any time, and will make reasonable efforts to notify users of any significant modifications. By continuing to use the platform or services after any changes are made, you accept the revised terms. Any new features of the platform or services will also be subject to these terms.

PRIVACY AND DATA PROTECTION

Please read our Privacy Policy, which explains what personal information Keyholder collects from you and how we use that information to provide our Services.

Any terms in this section that are not defined have the definition given to them in the ‘Data Protection Legislation’ (any law to which Keyholder or you are subject to that relates to privacy or the processing of data about individuals).

Under the Data Protection Legislation we are a Data Processor on behalf of the users of our Services known as Landlords and Letting Agents. The Landlords and Letting Agents are the Data Controllers and we are the Processors of Personal Data that we Process under this Agreement (or under the Renter Agreement) as part of providing the Keyholder Services.

We collect, store and use Personal Data on the Landlord’s behalf so far as is necessary in order to provide the Services. The Personal Data will consist of names, contact details, housing details, data created by your or Tenants’ use of Keyholder, and any data added by you or on your behalf to the Keyholder platform especially by Tenants.

When Processing Personal Data on the Landlord’s behalf, we will:

Ensure we have in place appropriate protective measures to protect against a Personal Data loss or Personal Data Breach, which take into account the nature of the data, harm that might result from a Data loss, available technology, and the cost of implementing any measures;
Ensure the reliability and integrity of any employees or Suppliers who have access to the Personal Data;
Not transfer Personal Data outside of the European Union unless it is lawful to do so, including having appropriate safeguards in place;
Cease Processing and delete Personal Data (and any copies of it) at the end of the Service provision as laid out in our Data Retention Policy, unless required by Law to retain the Personal Data.

USING KEYHOLDER

You may only use the Services for your own use and only in accordance with the terms of this Agreement and all laws that apply to you. Keyholder is not responsible for your use of the Services in any way that breaks the law.

Keyholder strives to provide all users with a positive experience when using the Platform and Services. In using the Platform and Services, you agree to use them only for the purposes for which they are intended and you represent and warrant that you will not:

- License, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make the Platform or Services available to any third party, except as specifically allowed in writing by Keyholder

- Modify or create derivative works based on the Platform or Services, or otherwise infringe on Keyholder's intellectual property rights

- Reverse engineer the Platform or Services or attempt to derive the source code of any software associated with the Platform or Services

- Use the Platform or Services for benchmarking or competitive purposes

- Build a competitive product or service to the Platform or Services

- Build a product using similar ideas, features, functions, or graphics to the Platform or Services

- Copy any ideas, features, functions, or graphics of the Platform or Services

- Upload or transmit infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material to the Platform or Services

- Upload or transmit material containing viruses, worms, Trojan horses, spam, or other harmful computer code, files, scripts, agents, or programs to or from the Platform or Services

- Interfere with or disrupt the integrity or performance of the Platform or Services, including participating in DDoS attacks

- Attempt to gain unauthorized access to the Platform or Services or their systems or networks (including, but not limited to, hacking, cracking, phishing, or SQL injecting)

- Use the Platform or Services in violation of applicable law

- Use the Platform or Services in a manner that exceeds reasonable request volume, constitutes excessive or abusive usage, or otherwise fails to comply with Keyholder's documentation or policies, as determined by Keyholder in its sole discretion

- Use any high volume automatic, electronic, or manual process to access, search, or harvest information from the Platform or Services (including, but not limited to, robots, spiders, or scripts)

- Misappropriate or infringe on any third party intellectual property rights

- Engage in any other activity that could bring Keyholder into disrepute or is inconsistent with the purposes of the Platform or Services.

By using the Platform and Services, you represent and warrant that you will not engage in any of the prohibited activities listed above.

Intellectual property rights refer to legal rights that protect creations of the mind, such as inventions, literary and artistic works, and symbols, names, and images used in commerce. These rights can include patents, copyrights, trademarks, and trade secrets.

Indemnities

- Our services are provided "as is" and we do not make any warranties about their quality or performance.

- We (and our other service providers) have no control over the accuracy or content of information provided by third parties with whom we interact.

- While we make every effort to ensure the accuracy of the information on our website, we cannot guarantee that it is always up-to-date or accurate. We recommend that you confirm the accuracy and completeness of any information before relying on it.

- Any new services, features, or tools that are added to the Platform will be considered part of our Services and will be subject to these terms of service, unless stated otherwise.

We create and develop analytical tools using anonymised data.

Keyholder reserves the right to edit, screen, or refuse to post certain content on their platform and services, and may also terminate users' access to the platform and services at any time, with or without notice. Users who wish to terminate their account must notify Keyholder, and upon termination they will forfeit access to all content associated with their account.

Services

We will provide the Services with reasonable skill and care, in compliance with all applicable laws and regulations. However, we cannot guarantee that the Services will always be available or operate without errors. We reserve the right to suspend or terminate your access to the Services at any time if we reasonably suspect that you have violated these Terms of Service.

Please be aware of the additional terms and conditions that apply to your use of certain Services.

Tenant Profile

Our Tenant Profile provides tenants with a digital tenant identity and rental history, which they can share with Landlords or Letting Agents. As part of Tenant on-boarding, we may carry out a range of checks verifying name, date of birth, Know-Your-Customer (KYC), Anti-Money-Laundering (AML) and 3 years address history. These tenant screening checks are required by Letting Agents and Landlords to verify a tenant’s suitability to rent a property.

Keyholder does not make tenant suitability decisions or recommendations. Tenants are empowered to share (or not share) their rental data with a letting agent or landlord as and when appropriate.

If you provide personal information about others to Keyholder, or ask us to collect personal information on your behalf, you must ensure that you have a legal basis to process this personal data in compliance with data protection laws and have obtained all necessary consent and provide all necessary notifications. You will not direct us to collect or use, or provide, personal data in violation of these laws.

If Keyholder provides or makes personal information of individual persons available to you, you must only use this information for the purposes described in these terms and in compliance with all relevant data protection laws, including data security and privacy laws. You will not sell or share this personal information or use it for any purpose other than as specified in these terms.

You must immediately inform us in writing of any security breach or data breach affecting personal information that you become aware of, no later than 24 hours after you become aware of it. You must take all necessary and advisable corrective actions and cooperate fully with us to prevent, mitigate, or rectify the breach.

Keyholder collect and use anonymised data related to the use and performance of the platform and services, and related systems and technologies, for development, diagnostic, and related purposes.

Proprietary Rights

Keyholder's name, logo, and related trademarks may not be used in connection with any service or product other than those provided by Keyholder, or in any manner that disparages or discredits Keyholder.

The Platform and Services are the property of Keyholder, and the data, information, text, images, designs, and other content made available to you on the platform and services are protected by intellectual property laws. You acknowledge that you have no rights in the platform and services except as expressly provided in these terms.

You may have the opportunity to provide feedback or recommendations for new features or improvements to the platform and services or other products and services. This feedback will not be considered confidential and Keyholder may use, disclose, reproduce, license, or distribute it without obligation or restriction.

Keyholder grants you a limited, revocable license to use and access the platform and services and platform content subject to the following conditions:

- you may download and print a reasonable quantity of the platform content

- you may not modify the platform content

- you may not remove or alter any copyright, trademark, or other proprietary rights notices on the platform content

- you agree to be bound by these terms

You may not modify, reproduce, redistribute, republish, upload, post, transmit, distribute, or exploit the platform or services or platform content in any way without Keyholder's written permission. If you violate these conditions, your right to use the platform and services will immediately terminate and you must return or destroy any copies of the platform content you have made. All rights not expressly granted are reserved by Keyholder. Any use of the platform or services or platform content not permitted by these terms is a breach of these terms and may violate intellectual property rights and other laws. You agree to comply with all applicable laws and regulations relating to the platform or services and your use of them, and you will be solely responsible for any violations. You also agree that your use of the platform or services will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties.

Confidentiality

The platform and services, the databases, computer programs, APIs, screen formats, report formats, processes, systems, software, formulae, programs, records, files, documentation, technical, operational, administrative, economic, business and other information or material made available to you by Keyholder, including your user ID, and all intellectual property rights related to them, are the exclusive, valuable, and confidential property of Keyholder (collectively, "Confidential Information"). You agree to maintain the confidentiality of Confidential Information with at least the same degree of care as you use for your own confidential information and to take necessary and reasonable precautions to prevent its disclosure to any person, firm, or company not specifically permitted by these terms or specifically authorized in writing by Keyholder. You agree not to sell, transfer, publish, disclose, display, or make available to others, or use any Confidential Information except for the purposes for which it was disclosed to you by Keyholder. This provision will not apply to Confidential Information that is in the public domain or required by law to be made public.

Representations and Warranties

You represent and warrant that:

- You have the right, power, and authority to enter into and comply with these Terms.

- You will not violate any other agreement to which you are a party in connection with these Terms.

- These Terms constitute a legal, valid, and binding obligation.

- Your use of the Platform and Services will be in strict conformity with the Privacy Policy, these Terms, and all applicable laws and regulations.

- Any information you provide to the Platform or Services is accurate and complete, and you will update that information if it becomes inaccurate or incomplete.

- If you create a user account, you will be solely responsible for safeguarding the password and will be solely responsible for all use of that account.

- Your use of the Services will not infringe or misappropriate the Intellectual Property Rights of any third party.

- You are over 18 years old (the Platform and Services are intended solely for use by, and may only be used by individuals 18 years of age or older).

- If you are a real estate broker, agent, letting agent, or property manager, you have all rights and licenses necessary to provide those services.

Termination

You may terminate your use of the Keyholder platform and services at any time, for any reason, by deactivating your Keyholder account and ceasing all use of the platform and services.

Please note that termination of these terms of service will not affect the validity of any policies or tenancy agreements that you have entered into.

We reserve the right to terminate these terms of service and deactivate your Keyholder account immediately if you commit a material or persistent breach of these terms, the services are discontinued, we lose the right to provide you with the platform or any of the services, or if the provision of the platform or any of the services becomes unlawful. We will make reasonable efforts to provide you with advance notice of termination, but you acknowledge that this may not be possible in all circumstances.

When you sign up to our Services, we will enter into a GENERAL SERVICE AGREEMENT with clients that also includes these Terms:

DATA PROCESSING

Under the Data Protection Legislation you are the Controller and we are the Processor of Personal Data Processed under this Agreement as part of providing the Keyholder services. Personal Data includes any information that relates to an individual, where that individual is identified or identifiable. The only Processing that we will carry out is listed below, unless in the very unlikely circumstances that we are required by law to do something else.

We will store and use Personal Data on your behalf only so far as is necessary in order to provide the Services. The Personal Data will consist of names, contact details, housing details, data created by your use or Tenants’ use of Keyholder, and any data added by you or on your behalf, or by other users of the Platform, especially relating to your contacts who are using Keyholder as Tenants.

You acknowledge and agree that, while we are acting on your instructions as a Client, you instruct us to share information with you from Tenants only with their permission to do so.

When Processing Personal Data on your behalf, we will:

Ensure we have in place appropriate protective measures to protect against a Personal Data loss or Personal Data Breach, which take into account the nature of the data, harm that might result from a Data loss, available technology, and the cost of implementing any measures;
Ensure the reliability and integrity of any employees or Suppliers who have access to the Personal Data and ensure that they are aware of and comply with their duties to you and to Keyholder, are subject to appropriate confidentiality undertakings, are aware of the confidential nature of the Personal Data and do not publish, disclose or divulge any of the Personal Data to any third Party unless directed in writing to do so by you or as otherwise permitted by law, and have had adequate training in the handling of Personal Data;
Not transfer Personal Data outside of the European Union unless lawful to do so, including having appropriate safeguards in place;
Anonymise Personal Data collected via the Platform for the purposes of analysis and improvement of our Services for the benefit of our clients and Tenants who use our Services; and
Cease Processing and delete Personal Data (and any copies of it) at the end of the Service provision as laid out in our Data Retention Policy, unless required by Law to retain the Personal Data.

As the Controller, you are responsible for responding to requests to exercise Data Protection rights from ‘Data Subjects’ (the people the Data relates to) but we will inform you as soon as reasonably possible if we receive any requests to access, rectify, block, erase or transfer any of the Personal Data, or any other communication in connection with the Personal Data, or become aware of a suspected or actual Personal Data loss or Personal Data Breach.

We will keep records and information to demonstrate compliance with our Data Protection obligations, as appropriate, and will allow for reasonable audits of the Data Processing activity, by prior reasonable agreement.

By entering into this Agreement, you give us consent to appoint Sub-processors (that is anyone we sub-contract the Processing to) on the condition that we will: only appoint Sub-processors who can demonstrate their ability to comply appropriately with relevant Data Protection law; enter into a written agreement with the Sub-processor which gives effect to the terms set out in this Data Processing clause such that they apply to the Sub-processor; and provide you with any information regarding the Sub-processor which is reasonably requested.

Your Account

You are responsible for maintaining the security of your Keyholder Platform account and ensuring that only authorised individuals have access to it. If you become aware of any unauthorised access to or use of your account, you agree to promptly notify us.

Housing Law Compliance

You agree to comply with your local housing laws, which prohibit discrimination based on factors such as race, colour, religion, sex, physical or mental disability, familial status, sexual orientation, national origin, ancestry, marital status, and income source. You also acknowledge that you are responsible for your actions and interactions with tenants, potential tenants, customers, and clients, and that Keyholder does not provide legal advice. You understand that it is your responsibility to ensure compliance with all applicable laws and regulations, and Keyholder is not responsible for any failure of a landlord, real estate broker, or property manager to comply with these laws.

Applications, screening documents and other forms

Keyholder may provide you with access to certain documents, including rental applications, background screening consent forms, adverse action letters, and other templates and forms (together, "Forms") via the platform as a courtesy. These Forms are samples and are not intended to be legal advice. It is your responsibility to consult with legal counsel to ensure that you are using the Forms in a manner that complies with all applicable laws and regulations. If you choose to use any of these Forms or processes, you agree that you are doing so at your own risk and are responsible for ensuring their compliance with all relevant laws and regulations. You also agree to indemnify, defend, and hold Keyholder, its affiliates and subsidiaries, and their respective officers, directors, employees, agents, and insurers harmless from any claims, damages, penalties, losses, liabilities, judgments, settlements, awards, costs, and expenses (including reasonable attorneys' fees) arising from or in connection with your use of the Forms or processes made available by Keyholder. Keyholder disclaims any responsibility or liability for the content or format of the Forms or related processes.

Request for Tenants to Upload Documents

You may choose to request certain documents from prospective tenants during the application process, such as proof of income, government-issued ID, or pet photos, subject to applicable fees. You agree to only request documents and information that are legally permissible to request at the appropriate time and in accordance with all applicable laws. You are solely responsible for knowing what information you may ask for and when, and you represent and warrant that you have consulted with legal counsel as necessary on these issues. Keyholder is not responsible for any failure on your part to comply with these requirements.

Tools for Reference Checks

You may choose to use the Keyholder platform to perform reference checks on prospective tenants at your discretion, subject to applicable fees. You understand that you are solely responsible for the content and timing of the reference checks you conduct, and that Keyholder tools are self-help tools only. Keyholder does not seek, collect, or evaluate information from any reference sources, and you remain fully responsible for conducting reference checks in a manner that is consistent with all applicable laws. Keyholder is not responsible for any failure on your part to adhere to these requirements.