Dwelzi

Terms of Service

TABLE OF CONTENTS

  1. UNFORESEEN CIRCUMSTANCES POLICY
  2. TERMS OF SERVICE FOR NON-EUROPEAN USERS
  3. TERMS OF SERVICE FOR EUROPEAN USERS

UNFORESEEN CIRCUMSTANCES POLICY

Last Updated: June 15th, 2023

This Unforeseen Circumstances Policy ("Policy") outlines how cancellations are managed when unexpected events beyond your control occur post-booking, making it impossible or unlawful to fulfill your reservation. This Policy is applicable to reservations for accommodations on Dwelzi. In instances where this Policy permits cancellation, it supersedes and takes precedence over the reservation’s cancellation policy. Housemates affected by an event covered by this Policy can cancel their reservation and receive – based on the situation – a cash refund, travel credit, and/or other compensation. Property Owners affected by an event covered by this Policy can cancel without negative repercussions, but their calendars may be blocked for the dates of the canceled reservation depending on the circumstances.


Covered Events

This Policy refers to the term “Event” to denote the following situations that occur post-booking, are unforeseen at the time of booking, and hinder or legally prohibit the completion of the reservation


Alterations to government travel requirements

Unanticipated changes to visa or passport requirements imposed by a governmental agency that prevent travel to the destination. This does not include lost or expired travel documents or other personal circumstances relating to a guest’s authorization to travel.


Declared emergencies and epidemics

Government declared local or national emergencies, epidemics, pandemics, and public health emergencies. This does not cover diseases that are endemic or commonly associated with an area— for example, malaria in Thailand.


Government travel restrictions

Travel restrictions imposed by a governmental agency that prevent or prohibit traveling to, staying at, or returning from the Dwelzi location. This does not include non-binding travel advisories and similar government guidance.


Military actions and other hostilities

Acts of war, hostilities, invasions, civil war, terrorism, explosions, bombings, rebellions, riots, insurrection, civil disorder, and civil unrest.


Natural disasters

Natural disasters, acts of God, large-scale outages of essential utilities, volcanic eruptions, tsunamis, and other severe and abnormal weather events. This does not include weather or natural conditions that are common enough to be foreseeable in that location—for example, hurricanes occurring during hurricane season in Florida.


Exclusions

All other situations. This Policy only allows for cancellations for the Events described above. All other situations are excluded. Examples of situations that this Policy does not allow cancellations for include: unexpected disease, illness, or injury; government obligations like jury duty, court appearances or military duties; travel advisories or other government guidance (that fall short of a travel ban or prohibition); cancellation or rescheduling of an event for which the reservation was made; and transportation disruptions unrelated to a covered Event like road closures, as well as flight, train, bus and ferry cancellations. If you cancel a reservation in these cases, the amount refunded will be determined by the cancellation policy that applies to the reservation.


Next Steps

If we inform you or publish information confirming that this Policy applies to your reservation, please follow the cancellation instructions that we provide. If you believe this Policy applies to your reservation, but we have not informed you or published information about the Event, please contact us. In all cases, you should be prepared to provide documentation that shows how the Event has impacted you or your reservation.


If you have any questions, please contact us at support@dwelzi.com.


TERMS OF SERVICE FOR NON-EUROPEAN USERS

Last Updated: July 1, 2024

If your country of residence or establishment is outside of Australia, the EEA, Switzerland, and the United Kingdom, the Terms of Service for Non-European Users apply to you.

We have included an arbitration agreement and class action waiver in Section 26 of these Terms, which applies to all claims brought against Dwelzi in the United States of America. Please read them carefully.


WELCOME TO OUR COMMUNITY!

These Terms of Service for Dwelzi (“Terms”) govern your use of the Dwelzi website, Platform and App, collectively referred to as “Dwelzi” or "Site". Dwelzi is owned and operated by the Dwelzi Limited Liability Company ("we", "us", or "our"), as specified on our Contact Page, and these Terms constitute a binding agreement between you and us.

By accessing or using the Site, you agree to be bound by these Terms, along with any other policies, rules, or guidelines posted on the Site. If you do not agree to these Terms, please refrain from accessing or using the Site.

As a family-owned business, Dwelzi is committed to providing rental options that are innovative and affordable, and create a home-like atmosphere. Our mission is straightforward: to deliver exceptional housing solutions tailored to your unique needs, ensuring modern and comfortable living experiences that exceed expectations.

We understand that everyone has distinct requirements and preferences, which is why we customize our offerings to suit your specific lifestyle. Our passion extends beyond merely renting spaces - we aim to cultivate a community that fosters sustainable relationships among like-minded housemates, fostering social interaction and a sense of belonging.

At Dwelzi, our commitment goes beyond providing spaces; we're in the business of creating a home. You can browse through millions of listings to find the ones that fit the way you like to travel. Once you've found your ideal house, booking your stay is easy with our touchless move-in process. By offering flexible License terms and furnished housing options, we aim to provide a hassle-free living experience that allows you to focus on what's important to you.

Dwelzi upholds supplementary terms and policies alongside these Terms. Our Privacy Policy details the collection and use of personal data, while our Payments Terms govern any payment services provided to users.

If you are a Property Owner, it is your responsibility to comprehend and adhere to all applicable laws, rules, regulations, and contracts with third parties related to your Property Owner services.

For any clarifications, just message us at join@dwelzi.com. Our ultimate goal is to help you feel like you belong.

We can't wait to welcome you to the family!


TABLE OF CONTENT for TERMS OF SERVICE FOR NON-EUROPEAN USERS



  1. OUR MISSION

    Our priority is to make the rental process stress-free and straightforward, whether you're a first-time renter or an experienced tenant. We are committed to offering innovative and cost-effective rental options that provide modern and comfortable living for our users. Our excellent housing options and flexible License terms cater to the needs of our communities and enable us to cultivate sustainable relationships with compatible Housemates in an ideal co-living environment.


  2. USE AND ROLE OF DWELZI

    Dwelzi is the ultimate software platform created to connect Property Owners with compatible Housemates while making a family - like community. Dwelzi is used to match Housemates with available housing. Furthermore, it is used to list available rooms and homes. The Dwelzi platform allows Property Owners to list available rooms and homes. It also enables Housemates to search listings and connect with potential matches. To use Dwelzi's services, it is necessary to register an account and provide accurate profile information. As the provider of this online platform, Dwelzi does not own, control, offer or manage any housing Listings or associated services directly. Dwelzi solely provides the technology to facilitate communication and transactions between Property Owners and Housemates. We are not participants in any contractual agreements made directly between users. This limited intermediary role applies across all aspects of the Dwelzi platform. We aim to create an environment that enables peer-to-peer collaborative living, but all listings, promotions, transactions, and use of our services are the full responsibility of the end users.


  3. SEARCHING AND BOOKING ON DWELZI

    1. SEARCHING

      With our user-friendly search criteria, you can easily filter through millions of listings to find the ones that fit your unique lifestyle.

      Our advanced filters allow you to consider factors like price range, travel destination, and even your personal hobbies and interests, ensuring that you find a living space that truly fits your needs.

      But we don't just stop there - we understand that finding your ideal home is about more than just ticking off a checklist of features. That's why we offer high-quality, modern living spaces that cater to the diverse needs of our users. With affordable prices and all-in-one management solutions, we make renting a joyful experience for everyone involved.

      Our all-inclusive and transparent services mean there are no hidden fees to worry about, allowing you to focus on finding your dream home.

      So why wait? Whether you're a seasoned traveler or a first-time renter, start your search for the ultimate house with Dwelzi today and let us help you find your perfect match!


    2. BOOKING

      At Dwelzi, you can find both furnished and unfurnished options to fit your needs. Once you've made your choice, take a tour of our Smart Homes and connect with potential housemates.

      With our easy online License application and 24-hour approval process, you'll be moving in and making yourself at home in no time. And with transparent, all-inclusive pricing and clear terms and conditions, you can enjoy a seamless co-living experience with Dwelzi.

      Book with us today and unlock the co-living dream.


    3. BOOKING TERMS

      By booking with us, you agree to pay the total booking charges, including the first month's rent and security deposit. Our prices are all-inclusive and transparent, without any hidden fees.

      When your booking is confirmed and your License Agreement is signed, you are responsible for complying with all reservation and/or booking terms, including cancellation policies and any other rules or policies specified in the Listing.


    4. BOOKING RESERVATION

      When you book a Listing with Dwelzi, you are granted a limited license to enter, occupy, and use the space. However, the Property Owner retains the right to re-enter the Listing if it's reasonably necessary and consistent with the law.

      If you overstay your agreed-upon checkout time, the Property Owner may charge reasonable penalties and require you to vacate the premises in accordance with applicable law.



  4. CANCELLATIONS, TRAVEL ISSUES AND REFUNDS

    At Dwelzi, we understand that travel plans can change unexpectedly, and we want to ensure that both Housemates and Property Owners are protected in such cases. That's why we have a clear policy in place for cancellations, travel issues, and refunds.

    If a Housemate needs to cancel a reservation, the amount paid to the Property Owner will depend on the cancellation policy that applies to that reservation. We advise our Property Owners not to cancel on Housemates without a valid reason, as this could result in a cancellation fee and other consequences.

    We also have a rebooking and refund Policy in place for situations where the Property Owner cancels or you experience a travel issue. In these cases, you may be entitled to rebooking assistance or a partial or full refund.

    At Dwelzi, we want to ensure that you have a seamless experience. If you have any issues or need to appeal a decision, please don't hesitate to contact our customer service team. We're here to help.


  5. BOOKING MODIFICATIONS

    We believe in creating a safe and enjoyable co-living experience for everyone involved. With that in mind, we want to remind our Housemates of their responsibilities when making booking modifications.

    When making any modifications to your booking via our Site or through direct communication with our customer service team, it's important to understand that you are responsible for any additional amounts, fees, or taxes associated with these changes. This ensures that we can continue to provide a seamless booking process and maintain transparency with all of our Housemates.


  6. HOUSEMATES RESPONSIBILITIES

    In addition to being responsible for booking modifications, we want to remind our Housemates of their overall responsibilities during their stay. This includes leaving the property and any personal belongings in the same condition they were found upon arrival. We also ask that Housemates act with integrity, treat others with respect, and comply with all applicable laws at all times.

    We take the safety and wellbeing of our Housemates seriously, especially when it comes to minors. If you are booking for an additional Housemate who is a minor, or if you are bringing a minor to a Listing, please ensure that you have the legal authority to do so and that you are solely responsible for their supervision during their stay.

    By following these guidelines, we can work together to create a comfortable and safe living environment for all Housemates. If you have any further questions or concerns, please don't hesitate to contact our customer service team.


    7. PROPERTY OWNER TERMS

  7. PROPERTY OWNER TERMS

    As a Property Owner on Dwelzi, you gain access to our platform, enabling you to share your Accommodation, Experience, or other Host Services with our vibrant community of Housemates while earning income. Creating a Listing on Dwelzi is a straightforward process, but it requires adherence to some essential procedures. By engaging in listing activities, you must agree as a Property Owner to the following terms and conditions.


    1. CONTRACTING WITH HOUSEMATES

      When you accept a booking request, or receive a booking confirmation through the Dwelzi Site, you are entering into a contract directly with the Housemate. Consequently, you are responsible for delivering the Housing Service under the terms and at the price specified in your Listing. Additionally, you agree to pay applicable fees like Dwelzi’s service fee (and applicable taxes) for each booking/Listing. We will deduct amounts you owe from your payout unless we and you agree to a different method. Any terms or conditions that you include in any supplement contract with Housemates must: (i) be consistent with these Terms, any of our additional policies, the information provided in your Listing, and (ii) be prominently disclosed in your Listing description.


    2. INDEPENDENCE OF PROPERTY OWNERS

      Your relationship with Dwelzi is that of an independent individual or entity and not an employee, agent, joint venturer or partner of Dwelzi. Dwelzi does not direct or control your Listing Service and you understand that you have complete discretion whether and when to provide Housing Services and at what price and on what terms to offer them. While Dwelzi does not direct or control your service, you are required to adhere to the basic requirements of the Dwelzi License Agreement, our Terms of Service, and any other policies that Dwelzi may provide or make available to you periodically.



  8. LISTING ON DWELZI

    1. CREATING YOUR LISTING

      Before commencing your property listing on Dwelzi, ensure all utility payments are settled. While we provide this service at no cost, all bills must be cleared before creating your Listing.

      When creating your Listing, include accurate details about services, pricing, additional charges, and specific rules for potential Housemates. It is your responsibility to maintain up-to-date information, including calendar availability and current photos.

      Each accommodation may have only one active Listing, but a single property with multiple places to stay can have multiple Listings.

      To list your property on Dwelzi and act as a Property Owner, you must adhere to the following requirements:
        • You must be at least 18 years old to use the Dwelzi Site.
        • Submission of one valid identification with a photograph and proof of address (e.g., driver's license) is mandatory.
        • Listings can only be submitted directly by the legal owner of the property. Third-party submissions are prohibited.
        • Homes must be well-maintained and with all amenities and appliance in good working condition.
        • Provide Housemates the option of a furnished or unfurnished room/home.
        • Shared living spaces should be cleaned regularly to maintain sanitary conditions. This requirement is non-negotiable.
        • Enable smart home technology ( electronic control) for remote Listing management. Our team can assist with the electronic control setup (provided as a service).
        • It is mandatory to hold a monthly community event called the "join-up event" to bring Housemates together and nurture relationships.
        • Adhere to all other Dwelzi guidelines and regulations for Property Owners.

      We strongly recommend securing suitable insurance for your Listing Services, reviewing policy terms thoroughly, and understanding coverage details and exclusions.

      By meeting these requirements and community standards, you can successfully welcome housemates while upholding the integrity and values of Dwelzi. Please contact us if you have any other questions!

    2. MANAGING YOUR LISTING

      Upon accepting a booking request or receiving a booking confirmation through the Site, you are entering into a direct contract with the Housemate. Consequently, you are responsible for delivering your Service according to the terms and price specified in your listing. Additionally, you agree to pay applicable fees, including our service fee (plus any taxes), for each booking. Unless otherwise agreed, we will deduct the amounts you owe from your payout.

      If you include any terms, policies, or conditions in a supplemental contract with Housemates, they must align with these Terms, any of our additional policies, and the information provided in your Listing. Moreover, such terms must be prominently disclosed in your listing description.


    3. SEARCH RANKING

      The ranking of listings in search results on the Site is influenced by various factors, primarily:
      - Housemate Search Parameters: Such as the number of Housemates, timing and duration, and the price range.
      - Listing Characteristics: Including price, calendar availability, number, and quality of images, reviews, type of Listing service, Property Owner status, age of the Listing, and average guest popularity.
      - Housemate Booking Experience: This encompasses the customer service and cancellation history of the Property Owner, as well as the ease of booking.
      - Property Owner Requirements: Such as minimum or maximum duration.
      - Housemate Personal Preferences: Considering factors like saved Listings, and the location from where the Housemate is searching.

      It's important to note that search results may vary between our mobile application and website. Dwelzi may offer Property Owners the option to enhance their Listings in search results or elsewhere on the platform by paying an additional fee. For detailed information on the factors determining your listing's appearance in search results, current promotional programs (if any), and how promoted content is identified, please reach out to us.


    4. YOUR RESPONSIBILITIES

      As a Property Owner you are accountable for your own actions and oversights, as well as those of anyone you permit to participate in providing your Services. This includes setting your price and establishing rules and requirements for your Listing. All fees and charges must be clearly described in your listing, and you may not collect any additional fees or charges outside our Site unless we give you permission. The encouragement of Housemates to create third-party accounts, submit reviews, provide contact information, or take other actions outside our site is prohibited.


    5. COLLABORATIVE LISTING

      If you engage in Listing activities as a member of a team, organization, or collective within the Dwelzi community, only individuals who are legally authorized representatives can enter into contracts or agreements on behalf of the group. Any team, organization, or collective seeking to provide Listing Services must formally appoint one authorized representative who has the legal authority to bind the group contractually. Additionally, you warrant that each entity you represent is in good standing according to the laws of its place of establishment. Hence, it is imperative that the entire entity and each individual involved in providing Listing Services assumes responsibility and liability as a collective Property Owner under these Terms.

      When undertaking various roles or functions within the Dwelzi community, you further assert that you have the proper legal authorization from your team, organization, or collective to fulfill those responsibilities. If you instruct Dwelzi to disburse a portion of your earnings to a fellow co-Property Owner or other members of your collective, or if you direct payments to another party, you must have the necessary legal authorization to do so. Legally authorized representatives are held accountable and liable for the accuracy of the payout information provided and the correct execution of any financial transactions on behalf of the team, organization, or collective



  9. CANCELLATIONS, TRAVEL ISSUES AND BOOKING MODIFICATIONS

    1. CANCELLATIONS AND TRAVEL ISSUES

      As a Property Owner, if you cancel a reservation made by a Housemate without a valid reason as defined by our Unforeseen Circumstances Policy or in accordance with the law, you will incur a cancellation fee and possibly additional penalties.

      In the event of a Housemate facing Travel Issues or Unforeseen Circumstances, the amount you are entitled to, will be reduced by the sum refunded or credited to the Housemate, in addition to any other reasonable expenses borne by Dwelzi. If a Housemate receives a refund after you have already been paid, or if the refunded amount, along with other costs covered by Dwelzi, exceeds your payout, Dwelzi reserves the right to recover the excess amount from you.

      Please note that the Rebooking and Refund Policy and the Unforeseen Circumstances Policy of Dwelzi, along with these Terms, take precedence over the cancellation policy you have in place. If Dwelzi anticipates issuing a refund to a Housemate under any of these policies, we may withhold any payout for that reservation until a final decision regarding the refund is reached


    2. BOOKING MODIFICATIONS

      Both Property Owners and Housemates are held accountable for any changes made to a reservation, either through the Site or by contacting our customer support. Additionally, they are responsible for paying any additional charges, fees, or taxes that may arise due to modifications in the booking.



  10. TAXES

    As a Property Owner, you are responsible for meeting your obligations under applicable laws to report, collect, remit or include in your price any applicable VAT or other indirect taxes, occupancy taxes, tourist, income, or other applicable taxes.

    We assume no responsibility for taxes related to your Listing. It is your full responsibility to ensure timely payment and submission of all relevant taxes in compliance with applicable laws and regulations.

    To simplify this process, we recommend educating yourself on local tax requirements and consulting with a tax professional if necessary. This proactive approach ensures ongoing compliance and helps avoid potential legal issues.

    In certain jurisdictions, tax regulations may require Dwelzi to collect and/or report tax information about you or withhold taxes from payouts to you, or both. Failure to provide sufficient documentation for tax withholding obligations may result in the withholding of payouts, as required by law, until adequate documentation is provided. You acknowledge that Dwelzi may issue invoices or similar documentation for VAT, GST, consumption, or other taxes on your behalf for Listing Services, facilitating accurate tax reporting by our Housemates.


    11. GENERAL TERMS

  11. REVIEWS

    At Dwelzi, we value transparency and feedback from our community. That's why after each stay, both Housemates and Property Owners have the opportunity to leave a review for each other. We encourage honest and accurate reviews, but please remember that reviews must not contain any discriminatory, offensive, defamatory, or other language that violates our Content Policy or Review Policy.

    It's important to note that reviews are not verified by Dwelzi for accuracy, and may be incorrect or misleading. Let's work together to create a helpful and supportive community where we can all share our experiences and insights


  12. CONTENT

    At Dwelzi, we provide a platform for Property Owners and Housemates to share feedback, text, photos, audio, video, and other content (“Content”).

    By providing such Content, you grant Dwelzi a non-exclusive, worldwide, royalty-free, sub-licensable, and transferable license to use, modify, distribute, publish, transmit, and exploit such Content to promote and/or operate the Dwelzi platform. This license applies to all media or platforms, known or unknown, including the internet and social networks. If the Content includes personal information, it will only be used in accordance with our Privacy Policy and applicable data protection laws.

    If Dwelzi pays for or facilitates the creation of Content, it may own that Content, in which case, additional terms or disclosures will apply. You are solely responsible for all Content you provide and warrant that you own it or are authorized to grant Dwelzi the described rights. You are also responsible for any violation or infringement of third-party intellectual property or privacy rights.

    To ensure a safe and respectful platform, all Content must comply with our Content policy and nondiscrimination policy, which prohibit discriminatory, obscene, harassing, deceptive, violent, or illegal content. By using our services, you agree that Dwelzi may provide translation services or automated tools for Content. However, we do not guarantee the accuracy or quality of translations, and members are responsible for verifying their accuracy.


  13. FEES

    We believe in transparency and fairness, which is why we ensure that all prices are all-inclusive. This means that any fees and applicable taxes are already included in the price you see when booking through our platform. We will never surprise you with hidden fees.

    However, in order to provide you with the best possible service and maintain our Site, we may charge fees (including applicable taxes) to Property Owners and Housemates for the use of our Site. These fees will always be disclosed to Property Owners before publishing a Listing and to Housemates before making a booking, so there are no surprises.


  14. DWELZI SITE RULES

    By accessing or using the Dwelzi Site, you agree to comply with the following rules:
    1. Do not use the Site for any illegal or unauthorized purpose.
    2. Do not engage in any activity that interferes with or disrupts the Site (or the servers and networks which are connected to the Site).
    3. Do not attempt to gain unauthorized access to any part of the Site, or to any of the servers or networks which are connected to the Site.
    4. Do not engage in any activity that could harm, damage, or impair the Site, or any of the servers or networks which are connected to the Site.
    5. Do not use any automated means to access the Site, or to collect any information from the Site.
    6. Do not use the Site in a way that infringes on the intellectual property rights of others.
    7. Do not post any false, misleading, or deceptive information on the Site.
    8. Do not use the Site to harass, bully, or intimidate others.
    9. Do not use the Site to distribute spam or unsolicited emails.
    10. Do not use the Site to promote or sell any illegal or prohibited products or services.
    11. Do not use the Site to promote or sell any products or services that violate any applicable laws or regulations.
    12. Do not use the Site to promote or sell any products or services that are discriminatory or offensive.

    We reserve the right to suspend or terminate your access to the Site at any time, for any reason, without notice, and without liability to you. We may also take any other measures we deem necessary to enforce these Site Rules or to protect our rights and property


  15. PET POLICY

    Approval Required: Every pet must receive prior approval from the Property Owner and all Co-living Housemates before moving in.

    Fees and Deposits: The Housemate will be charged a monthly additional pet fee when applicable. A refundable pet deposit may also be required.

    Breed and Size Limitations: Dwelzi or the Property Owner may restrict certain pet breeds, sizes, and species to ensure the comfort and safety of all housemates. Accommodations for service animals are made according to legal guidelines.

    Behavior Standards: All pets should be well-mannered and not pose a threat or nuisance to other housemates. Pets must not create excessive noise or disturbance.

    Responsibility for Care: Pet owners are expected to clean up after their pets and comply with all health and safety regulations, including vaccinations and licensing. Pets should not be left unattended for extended periods.

    Damage Liability: Pet owners will accept full responsibility for any damage or cleaning costs resulting from their pet's behavior. Pet owners must promptly report any damages caused by their pets.

    Compliance with Local Laws: All pets must comply with local laws and regulations, including leash laws and noise ordinances.

    Insurance: Pet owners may be required to obtain renters' insurance that covers pet-related incidents.


  16. TERMINATIONS, SUSPENSION AND OTHER MEASURES

    We reserve the right to terminate or suspend your access to Dwelzi and/or any of its services, with or without notice, for any reason or no reason, including but not limited to your violation of these Terms or our policies, your use of the Site in a manner that is harmful to others or impairs the Site's operations, or your failure to pay any fees or other amounts owed to us. We also reserve the right to take any other action we reasonably deem necessary to protect the integrity of the Site and its users, including but not limited to removing any content or disabling any user account, without liability to you.

    If we terminate your account, you may not create another one without our prior written consent. Any unauthorized use or access of Dwelzi following termination is expressly prohibited.

    If we suspend your account, we may reinstate it at our sole discretion. You will remain responsible for any fees or charges that accrue during the suspension period.

    We also reserve the right to modify, restrict, or discontinue Dwelzi and/or any of its services, with or without notice, at any time and for any reason. We will not be liable to you or any third party for any such modification, restriction, or discontinuation.

    If you believe that your account has been terminated or suspended in error, you may contact us at support@dwelzi.comto request a review of your account. However, we have no obligation to reinstate your account and our decision on such review is final.


  17. MODIFICATIONS OF THESE TERMS

    We strive to maintain transparency and keep you users informed of any changes made to our Terms. Any proposed changes to these Terms will be posted on the Dwelizi Site, with the "Last Updated" date at the top of the page reflecting the date of revision. Additionally, we will provide notice of these proposed changes by email, at least thirty (30) days prior to the date of implementation.

    In the event that the proposed changes to the Terms are material, explicit acceptance of the revised Terms will be required. Our notification will also include information on your right to reject the changes and the timeframe within which to do so, as well as your right to terminate the Agreement at any time before the effective date of the proposed changes, as stipulated in these Terms.

    If the changes are non-material and do not affect the essential provisions of these Terms or are legally required by a binding court decision or competent authority, your continued use of the Dwelizi Platform after the effective date of the proposed changes will constitute acceptance of the revised Terms.


  18. RESOLVING COMPLAINTS

    We strive to ensure that our complaint resolution process is straightforward and user-friendly. If you have a complaint, please complete our online submission form to initiate the resolution process. Our specialized case handlers will respond to you within 24 hours or less.

    In some instances, we may require additional information and supporting documentation to thoroughly assess the situation. Our case handlers will examine all relevant details during the investigation, including verifying compliance with our Terms of Service for European Users, as well as adherence to Dwelzi policies or standards.

    In the event that a dispute arises which cannot be resolved directly between you and Dwelzi, these Terms specify that it shall be settled through binding arbitration in accordance with the rules of the American Arbitration Association, as set out in Section 26 of these Terms (“Arbitration Agreement”). It is important to note that this provision applies specifically to users located within the United States. The decision to utilize arbitration as the method of conflict resolution is a strategic one, as it is a fair and impartial process that allows all parties to present their arguments and defend their cases. Additionally, it is often a more efficient and cost-effective way to bring a dispute to a conclusion.

    It is essential to be aware that by agreeing to this method of conflict resolution, they are waiving their right to bring or participate in a class action lawsuit against Dwelzi. As such, it is recommended that users carefully consider the implications of this provision before agreeing to the Terms.


  19. DAMAGE CLAIMS

    In case of damage claims, we at Dwelzi have taken the necessary steps to ensure that the process is as smooth and efficient as possible. To submit a damage claim, you may do so through our App, where you will be required to provide pictures of the damage. This will enable us to accurately assess the damage and expedite the resolution process. We strongly encourage all members to report any damages as soon as possible to avoid delays in the resolution process. Our team will promptly investigate and assess the damage, and we will work with all parties involved to find a fair and reasonable solution. We understand that accidents can happen, and we are committed to providing a fair and transparent process for all members.


  20. ACCOUNTS

    To use Dwelzi, you must register for an account by providing your name, email address, and other required information. You must be at least 18 years of age to register and use Dwelzi. By creating an account, you agree to provide accurate and complete information about yourself and to maintain the security of your login credentials


  21. DISCLAIMER

    At Dwelzi, we want to be transparent with our users. We cannot guarantee or endorse the conduct, performance, safety, quality, legality, or suitability of any Housemate, Property Owner, Listing, or third party.

    Any verification or identification process completed by Dwelzi or a user only confirms that the process was completed and nothing else.

    We cannot guarantee that these processes will identify past or prevent future misconduct. We are not responsible for internet or telecommunications outages or disruptions that may cause interruptions in the availability of our Site. In rare instances, we may temporarily limit access to the platform or certain features for maintenance, capacity limits, or to ensure the security or integrity of our servers. We will always provide prior notice to our members and take into consideration their legitimate interests.


  22. LIABILITY

    WE STRIVE TO PROVIDE A SAFE AND SECURE SITE FOR ALL OUR USERS, AND WE ARE COMMITTED TO BEING TRANSPARENT ABOUT OUR RESPONSIBILITIES AND LIMITATIONS.

    IN THE EVENT OF ANY INTENTIONAL OR GROSSLY NEGLIGENT ACTS BY US, OUR LEGAL REPRESENTATIVES, DIRECTORS, OR OTHER VICARIOUS AGENTS, WE ACCEPT LIABILITY UNDER STATUTORY PROVISIONS. THIS ALSO APPLIES TO ANY GUARANTEES WE MAY ASSUME OR STRICT LIABILITY, AS WELL AS IN CASES OF INJURY TO LIFE, LIMB, OR HEALTH RESULTING FROM OUR CULPABLE ACTIONS.

    FOR ANY NEGLIGENT BREACHES OF ESSENTIAL CONTRACTUAL OBLIGATIONS BY US, OUR LEGAL REPRESENTATIVES, DIRECTORS, OR OTHER VICARIOUS AGENTS, OUR LIABILITY IS LIMITED TO THE TYPICALLY OCCURRING FORESEEABLE DAMAGES. ESSENTIAL CONTRACTUAL OBLIGATIONS REFER TO THOSE DUTIES OF DWELZI THAT ARE CRITICAL TO THE PROPER EXECUTION OF THE CONTRACT AND IN WHOSE PROPER FULFILLMENT YOU REGULARLY TRUST AND MUST TRUST.

    WE ALSO WANT TO MAKE IT CLEAR THAT ANY ADDITIONAL LIABILITY OF DWELZI IS EXCLUDED.

    FURTHERMORE, TO THE EXTENT THAT OUR LIABILITY IS EXCLUDED OR LIMITED, THIS ALSO APPLIES TO THE PERSONAL LIABILITY OF OUR LEGAL REPRESENTATIVES, DIRECTORS, EMPLOYEES, AND OTHER AGENTS.


  23. INDEMNIFICATION

    We take the safety and security of our community seriously. To this end, we require our users to agree to certain terms and conditions. By using our online platform and app, you agree to release, defend (at Dwelzi's option), indemnify, and hold us (including our affiliates and personnel) harmless from any claims, liabilities, damages, losses, and expenses, including legal and accounting fees, that may arise from: (i) your breach of our Terms of Use, including any additional terms or policies that apply to a specific product or feature; (ii) your misuse of the Dwelzi Platform; (iii) your interactions with other members, your stay at an accommodation, your participation in an experience or other host service, including any injuries, losses, or damages that may occur; (iv) your failure, or our failure at your direction, to accurately report, collect, or remit taxes; or (v) your violation of any laws, regulations, or third-party rights, such as intellectual property or privacy rights. Please note that the indemnification obligation only applies if the claims, liabilities, damages, losses, and expenses have been caused by your breach of a contractual obligation.


  24. MISCELLANEOUS

    1. ENTIRE AGREEMENT

      These Terms (including the incorporated policies) constitute the entire agreement between Dwelzi and you regarding your use of the Dwelzi Site. These Terms supersede any prior oral or written understandings or agreements between Dwelzi and you. The terms do not confer any rights or remedies on anyone other than you and Dwelzi.


    2. NO WAIVER

      Dwelzi's failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by Dwelzi in writing. Any exercise of remedies by either party under these Terms will be without prejudice to its other remedies under these terms and conditions or otherwise permitted by law.


    3. ASSIGNMENT

      You cannot assign, transfer, or delegate this agreement or your rights and obligations under it without Dwelzi's prior written consent. However, Dwelzi may assign, transfer, or delegate this agreement and any rights and obligations under it at its sole discretion, with 30 days' prior notice.


    4. COMMUNICATION

      Unless otherwise specified, any notices or communications to Housemates permitted or required under this agreement will be given electronically via email, Dwelzi Site notification, messaging service, or any other contact method enabled by you.


    5. CONTENT

      Content made available through the Dwelzi Site may be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge that all intellectual property rights for that content are the exclusive property of Dwelzi and/or its licensors and agree that you will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices. You may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit any content accessed through the Dwelzi Site except to the extent you are the legal owner of that content or as expressly permitted in these terms and conditions.



  25. FORCE MAJEURE

    Dwelzi shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials.


  26. UNITED STATES DISPUTE RESOLUTION

    In the unfortunate event that a dispute arises between us, we believe in resolving it amicably and fairly.

    Our first step towards this goal is to encourage you to reach out to our customer service team. They are trained to assist you in finding a solution through informal negotiation, which is often the quickest and most effective method.

    You can contact the customer service team by sending an email to: support@dwelzi.com.

    However, if informal negotiation does not resolve the matter, we have a secondary approach in place. The next step is to engage in a formal process known as binding arbitration. This process is administered by the esteemed American Arbitration Association (AAA) and is designed to be a fair and impartial means of settling disputes.

    Both parties involved in the dispute have the right to seek resolution in small claims court as an alternative to arbitration, if they so choose. Nonetheless, we believe that binding individual arbitration, as outlined in our "Arbitration Agreement," is the best method for resolving disputes.

    We understand that disagreements can be frustrating and stressful, which is why we have put measures in place to make the process as smooth and efficient as possible.

    We appreciate your cooperation and look forward to resolving any disputes in a mutually beneficial manner.


  27. UNITED STATES ARBITRATION AGREEMENT

    1. PARTIES TO THE AGREEMENT

      PLEASE READ THE FOLLOWING SECTIONS CAREFULLY BECAUSE THEY PROVIDE THAT YOU AND DWELZI AGREE TO RESOLVE ALL DISPUTES BETWEEN USE THROUGH BINDING INDIVIDUAL ARBITRATION AND INCLUDE A CLASS ACTION WAIVER AND JURY TRIAL WAIVER. This Arbitration Agreement supersedes all prior versions.

      This Arbitration Agreement (“Agreement”) applies only to those who reside or are established within the United States.

      You and Dwelzi have agreed that any disputes, claims or controversies arising from or related to these Terms, or the use of the Site, services, or any content (collectively, "Disputes"), will be settled through binding individual arbitration, as per this Agreement. If there is any disagreement on whether this Agreement can be enforced or applies to our dispute, the arbitrator will be responsible for deciding the matter.


    2. AUTHORITY OF ARBITRATOR

      The arbitrator is an independent third party with full authority to make final decisions on the case, without bias or prejudice towards any party. The parties have the right to legal representation during the arbitration process.


    3. SCOPE OF ARBITRATION

      The scope of the arbitration is determined by the participants involved in the dispute. While the arbitrator may suggest additional aspects for discussion, all parties must agree before proceeding.


    4. CONFIDENTIALITY

      All discussions, written, oral or digital communications are confidential, and may not be shared with anyone who is not a party to the arbitration.

      Only the arbitrator's final ruling can be communicated outside of the arbitration.

      However, if the arbitrator suspects that a party or other person may be in danger of physical harm, they are ethically bound to break confidentiality


    5. ARBITRATOR IMPARTIALITY

      The arbitrator must remain impartial throughout the arbitration process and after.

      The arbitration must involve all participants directly, and no discussions can be held with representatives without the represented party present.

      The arbitrator must provide copies of all documentation to each party upon request, and may not communicate separately with any individual party.


    6. ARBITRATION DETERMINATION

      The arbitrator will render a final and binding determination in accordance with the rules and procedures of the American Arbitration Association (AAA). The determination will be based solely on the evidence presented during the arbitration proceedings and any applicable law. The parties also understand that the determination will not include discriminatory, unfair, or unlawful terms.

      Any agreements containing such terms will be rejected by the arbitrator.


    7. BINDING EFFECT

      The parties acknowledge and agree that the determination shall be final, binding, and not subject to appeal, and may be enforced in any court of competent jurisdiction.


    8. ADJOURNMENT OF ARBITRATION

      The parties may agree to adjourn the arbitration and enter into a written settlement agreement at any time before, during, or after the arbitration hearing. The parties may also enter into a written settlement agreement after a final determination has been made by the arbitrator.


    9. EXEMPTIONS FROM ARBITRATION

      You and Dwelzi acknowledge that certain claims or causes of action are exempt from this Agreement and will instead be pursued in a court of competent jurisdiction.

      These claims include:

      (i) any actual or threatened infringement, misappropriation, or violation of intellectual property rights, such as copyrights, trademarks, trade secrets, or patents;
      (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g. imminent danger or commission of a crime, hacking, cyber-attack);
      (iii) requests for public injunctive relief; or
      (iv) individual claims of sexual assault or sexual harassment arising from your use of the Dwelzi Site. You and Dwelzi agree that public injunctive relief will be sought only after the arbitration of all arbitrable claims, remedies, or causes of action, as per section 3 of the Federal Arbitration Act. Additionally, the remedy for public injunctive relief will be temporarily put on hold until the conclusion of the arbitration process.


    10. SEVERABILITY

      In the event that any portion of this Agreement is deemed illegal or unenforceable, such provision will be severed and the remainder of the Arbitration Agreement will be given full force and effect.

      By accepting the Terms and the accompanying Arbitration Agreement, you acknowledge that you have carefully read, comprehended, and consented to the provisions of this Agreement.


    11. CHANGES TO THE AGREEMENT

      If Dwelzi modifies the Arbitration Agreement after the date when you last agreed to them (or accepted any subsequent revisions), you have the option to reject the changes by providing written notice (including via email) within 30 days of the effective date of the change. However, please note that rejecting a new change does not affect your previous consent to any previous arbitration agreements between you and Dwelzi (or your previous consent to any subsequent changes), which will remain valid and enforceable for any disputes between you and Dwelzi.


    12. JURY TRIAL WAIVER

      You and Dwelzi acknowledge and agree that both parties are each waiving the right to a trial by jury as to all arbitrable Disputes.


    13. NO CLASS ACTIONS OR REPRESENTATIVE PROCEEDINGS

      You and Dwelzi acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding. Unless we agree in writing or as provided in this agreement, the arbitrator may not consolidate more than one party's claims and may not otherwise preside over any form of any class or representative proceeding. If there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy, and only that claim, cause of action or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator.



  28. GOVERNING LAW

    These Terms and any disputes arising out of or related to your use of Dwelzi shall be governed by and construed in accordance with the laws of the State of Washington, without giving effect to any choice of law or conflict of law provisions.



TERMS OF SERVICE FOR EUROPEAN USERS

Last Updated: July 1, 2024

As a consumer who resides in the EEA, you can access the European Commission’s online dispute resolution platform here: https://ec.europa.eu/consumers/odr. Please note that Dwelizi is not committed nor obliged to use an alternative dispute resolution entity to resolve disputes with consumers. The European Commission’s online dispute resolution platform is not available for residents of Switzerland or the United Kingdom. We have included an arbitration agreement and class action waiver in Section 26 of these Terms, which applies to all claims brought against Dwelzi in the United States of America. Please read them carefully.


TERMS OF SERVICE FOR EUROPEAN USERS

These Terms of Service for Dwelzi (“Terms”) govern your use of the Dwelzi website, Platform and App, collectively referred to as “ Dwelzi” or " Site". Dwelzi is owned and operated by the Dwelzi Limited Liability Company ("we," "us," or "our"), as specified on our Contact Page, and these Terms constitute a binding agreement between you and us.

By accessing or using the Site, you agree to be bound by these Terms, along with any other policies, rules, or guidelines posted on the Site. If you do not agree to these Terms, please refrain from accessing or using the Site.

As a family-owned business, Dwelzi is committed to providing rental options that are innovative and affordable, and create a home-like atmosphere. Our mission is straightforward: to deliver exceptional housing solutions tailored to your unique needs, ensuring modern and comfortable living experiences that exceed expectations.

We understand that everyone has distinct requirements and preferences, which is why we customize our offerings to suit your specific lifestyle. Our passion extends beyond merely renting spaces - we aim to cultivate a community that fosters sustainable relationships among like-minded housemates, fostering social interaction and a sense of belonging.

At Dwelzi, our commitment goes beyond providing spaces; we're in the business of creating a home. You can browse through millions of listings to find the ones that fit the way you like to travel. Once you've found your ideal house, booking your stay is easy with our touchless move-in process. By offering flexible License terms and furnished housing options, we aim to provide a hassle-free living experience that allows you to focus on what's important to you.

Dwelzi upholds supplementary terms and policies alongside these Terms. Our Privacy Policy details the collection and use of personal data, while our Payments Terms govern any payment services provided to users.

If you are a Property Owner, it is your responsibility to comprehend and adhere to all applicable laws, rules, regulations, and contracts with third parties related to your Property Owner services.

For any clarifications, just message us at join@dwelzi.com. Our ultimate goal is to help you feel like you belong.

We can't wait to welcome you to the family!


TABLE OF CONTENT for TERMS OF SERVICE FOR EUROPEAN USERS



  1. OUR MISSION

    Our priority is to make the rental process stress-free and straightforward, whether you're a first-time renter or an experienced tenant. We are committed to offering innovative and cost-effective rental options that provide modern and comfortable living for our users. Our excellent housing options and flexible License terms cater to the needs of our communities and enable us to cultivate sustainable relationships with compatible Housemates in an ideal co-living environment.


  2. USE AND ROLE OF DWELZI

    Dwelzi is the ultimate software platform created to connect Property Owners with compatible Housemates while making a family like community. Dwelzi is used to match Housemates with available housing. Furthermore, it is used to list available rooms and homes.

    To access and utilize various features of the Site, it is necessary to register an account, and you must ensure the accuracy of your account information. Dwelzi, as the provider of the platform, does not own, control, offer, or manage any Listings or tourism services. Dwelzi is not a participant in the contracts directly entered into between Property Owners and Housemates. Dwelzi also does not function as a real estate broker, travel agency, insurer, or an organizer or retailer of travel packages under Directive (EU) 2015/2302.


  3. SEARCHING AND BOOKING ON DWELZI

    1. SEARCHING

      With our user-friendly search criteria, you can easily filter through millions of listings to find the ones that fit your unique lifestyle.

      Our advanced filters allow you to consider factors like price range, travel destination, and even your personal hobbies and interests, ensuring that you find a living space that truly fits your needs.

      But we don't just stop there - we understand that finding your ideal home is about more than just ticking off a checklist of features. That's why we offer high-quality, modern living spaces that cater to the diverse needs of our users. With affordable prices and all-in-one management solutions, we make renting a joyful experience for everyone involved.

      Our all-inclusive and transparent services mean there are no hidden fees to worry about, allowing you to focus on finding your dream home.

      So why wait? Whether you're a seasoned traveler or a first-time renter, start your search for the ultimate house with Dwelzi today and let us help you find your perfect match!


    2. BOOKING

      At Dwelzi, you can find both furnished and unfurnished options to fit your needs. Once you've made your choice, take a tour of our Smart Homes and connect with potential housemates.

      With our easy online License application and 24-hour approval process, you'll be moving in and making yourself at home in no time. And with transparent, all-inclusive pricing and clear terms and conditions, you can enjoy a seamless co-living experience with Dwelzi.

      Book with us today and unlock the co-living dream


    3. BOOKING TERMS

      By booking with us, you agree to pay the total booking charges, including the first month's rent and security deposit. Our prices are all-inclusive and transparent, without any hidden fees.

      When your booking is confirmed and your License Agreement is signed, you are responsible for complying with all reservation and/or booking terms, including cancellation policies and any other rules or policies specified in the Listing.


    4. BOOKING RESERVATION

      When you book a Listing with Dwelzi, you are granted a limited license to enter, occupy, and use the space. However, the Property Owner retains the right to re-enter the Listing if it's reasonably necessary and consistent with the law.

      If you overstay your agreed-upon checkout time, the Property Owner may charge reasonable penalties and require you to vacate the premises in accordance with applicable law.



  4. CANCELLATIONS, TRAVEL ISSUES AND REFUNDS

    At Dwelzi, we understand that travel plans can change unexpectedly, and we want to ensure that both Housemates and Property Owners are protected in such cases. That's why we have a clear policy in place for cancellations, travel issues, and refunds.

    If a Housemate needs to cancel a reservation, the amount paid to the Property Owner will depend on the cancellation policy that applies to that reservation. We advise our Property Owners not to cancel on Housemates without a valid reason, as this could result in a cancellation fee and other consequences.

    We also have a rebooking and refund Policy in place for situations where the Property Owner cancels or you experience a travel issue. In these cases, you may be entitled to rebooking assistance or a partial or full refund.

    At Dwelzi, we want to ensure that you have a seamless experience. If you have any issues or need to appeal a decision, please don't hesitate to contact our customer service team. We're here to help.


  5. BOOKING MODIFICATIONS

    We believe in creating a safe and enjoyable co-living experience for everyone involved. With that in mind, we want to remind our Housemates of their responsibilities when making booking modifications.

    When making any modifications to your booking via our Site or through direct communication with our customer service team, it&apo;s important to understand that you are responsible for any additional amounts, fees, or taxes associated with these changes. This ensures that we can continue to provide a seamless booking process and maintain transparency with all of our Housemates


  6. HOUSEMATES RESPONSIBILITIES

    n addition to being responsible for booking modifications, we want to remind our Housemates of their overall responsibilities during their stay. This includes leaving the property and any personal belongings in the same condition they were found upon arrival. We also ask that Housemates act with integrity, treat others with respect, and comply with all applicable laws at all times.

    We take the safety and well-being of our Housemates seriously, especially when it comes to minors. If you are booking for an additional Housemate who is a minor, or if you are bringing a minor to a Listing, please ensure that you have the legal authority to do so and that you are solely responsible for their supervision during their stay.

    By following these guidelines, we can work together to create a comfortable and safe living environment for all Housemates. If you have any further questions or concerns, please don't hesitate to contact our customer service team.


    7. PROPERTY OWNER TERMS

  7. PROPERTY OWNER TERMS

    As a Property Owner on Dwelzi, you gain access to our Site, enabling you to share your Accommodation, Experience, or other Host Services with our vibrant community of Housemates while earning income. Creating a Listing on Dwelzi is a straightforward process, but it requires adherence to some essential procedures. By engaging in listing activities, you must agree as a Property Owner to the following terms and conditions.


    1. CONTRACTING WITH HOUSEMATES

      When you accept a booking request, or receive a booking confirmation through the Dwelzi Site, you are entering into a contract directly with the Housemate. Consequently, you are responsible for delivering the Housing Service under the terms and at the price specified in your Listing. Additionally, you agree to pay applicable fees like Dwelzi’s service fee (and applicable taxes) for each booking/Listing. We will deduct amounts you owe from your payout unless we and you agree to a different method. Any terms or conditions that you include in any supplement contract with Housemates must: (i) be consistent with these Terms, any of our additional policies, the information provided in your Listing, and (ii) be prominently disclosed in your Listing description.


    2. INDEPENDENCE OF PROPERTY OWNERS

      Your relationship with Dwelzi is that of an independent individual or entity and not an employee, agent, joint venturer or partner of Dwelzi. Dwelzi does not direct or control your Listing Service and you understand that you have complete discretion whether and when to provide Housing Services and at what price and on what terms to offer them. While Dwelzi does not direct or control your service, you are required to adhere to the basic requirements of the Dwelzi License Agreement, our Terms of Service, and any other policies that Dwelzi may provide or make available to you periodically.



  8. LISTING ON DWELZI

    1. CREATING YOUR LISTING

      Before commencing your property listing on Dwelzi, ensure all utility payments are settled. While we provide this service at no cost, all bills must be cleared before creating your Listing.

      When creating your Listing, include accurate details about services, pricing, additional charges, and specific rules for potential Housemates. It is your responsibility to maintain up-to-date information, including calendar availability and current photos.

      Each accommodation may have only one active Listing, but a single property with multiple places to stay can have multiple Listings.

      To list your property on Dwelzi and act as a Property Owner, you must adhere to the following requirements:
        • You must be at least 18 years old to use the Dwelzi Site.
        • Submission of one valid identification with a photograph and proof of address (e.g., driver's license) is mandatory.
        • Listings can only be submitted directly by the legal owner of the property. Third-party submissions are prohibited.
        • Homes must be well-maintained and with all amenities and appliance in good working condition.
        • Provide Housemates the option of a furnished or unfurnished room/home.
        • Shared living spaces should be cleaned regularly to maintain sanitary conditions. This requirement is non-negotiable.
        • Enable smart home technology ( electronic control) for remote Listing management. Our team can assist with the electronic control setup (provided as a service).
        • It is mandatory to hold a monthly community event called the "join-up event" to bring Housemates together and nurture relationships.
        • Adhere to all other Dwelzi guidelines and regulations for Property Owners.

      We strongly recommend securing suitable insurance for your Listing Services, reviewing policy terms thoroughly, and understanding coverage details and exclusions.

      By meeting these requirements and community standards, you can successfully welcome housemates while upholding the integrity and values of Dwelzi. Please contact us if you have any other questions!

    2. MANAGING YOUR LISTING

      Upon accepting a booking request or receiving a booking confirmation through the Site, you are entering into a direct contract with the Housemate. Consequently, you are responsible for delivering your Service according to the terms and price specified in your listing. Additionally, you agree to pay applicable fees, including our service fee (plus any taxes), for each booking. Unless otherwise agreed, we will deduct the amounts you owe from your payout.

      If you include any terms, policies, or conditions in a supplemental contract with Housemates, they must align with these Terms, any of our additional policies, and the information provided in your Listing. Moreover, such terms must be prominently disclosed in your listing description.


    3. SEARCH RANKING

      The ranking of listings in search results on the Site is influenced by various factors, primarily:
      - Housemate Search Parameters: Such as the number of Housemates, timing and duration, and the price range.
      - Listing Characteristics: Including price, calendar availability, number, and quality of images, reviews, type of Listing service, Property Owner status, age of the Listing, and average guest popularity.
      - Housemate Booking Experience: This encompasses the customer service and cancellation history of the Property Owner, as well as the ease of booking.
      - Property Owner Requirements: Such as minimum or maximum duration.
      - Housemate Personal Preferences: Considering factors like saved Listings, and the location from where the Housemate is searching.

      It's important to note that search results may vary between our mobile application and website. Dwelzi may offer Property Owners the option to enhance their Listings in search results or elsewhere on the platform by paying an additional fee. For detailed information on the factors determining your listing's appearance in search results, current promotional programs (if any), and how promoted content is identified, please reach out to us.


    4. YOUR RESPONSIBILITIES

      As a Property Owner you are accountable for your own actions and oversights, as well as those of anyone you permit to participate in providing your Services. This includes setting your price and establishing rules and requirements for your Listing. All fees and charges must be clearly described in your listing, and you may not collect any additional fees or charges outside our Site unless we give you permission. The encouragement of Housemates to create third-party accounts, submit reviews, provide contact information, or take other actions outside our site is prohibited.


    5. COLLABORATIVE LISTING

      If you engage in Listing activities as a member of a team, organization, or collective within the Dwelzi community, only individuals who are legally authorized representatives can enter into contracts or agreements on behalf of the group. Any team, organization, or collective seeking to provide Listing Services must formally appoint one authorized representative who has the legal authority to bind the group contractually. Additionally, you warrant that each entity you represent is in good standing according to the laws of its place of establishment. Hence, it is imperative that the entire entity and each individual involved in providing Listing Services assumes responsibility and liability as a collective Property Owner under these Terms.

      When undertaking various roles or functions within the Dwelzi community, you further assert that you have the proper legal authorization from your team, organization, or collective to fulfill those responsibilities. If you instruct Dwelzi to disburse a portion of your earnings to a fellow co-Property Owner or other members of your collective, or if you direct payments to another party, you must have the necessary legal authorization to do so. Legally authorized representatives are held accountable and liable for the accuracy of the payout information provided and the correct execution of any financial transactions on behalf of the team, organization, or collective



  9. CANCELLATIONS, TRAVEL ISSUES AND BOOKING MODIFICATIONS

    1. CANCELLATIONS AND TRAVEL ISSUES

      As a Property Owner, if you cancel a reservation made by a Housemate without a valid reason as defined by our Unforeseen Circumstances Policy or in accordance with the law, you will incur a cancellation fee and possibly additional penalties.

      In the event of a Housemate facing Travel Issues or Unforeseen Circumstances, the amount you are entitled to, will be reduced by the sum refunded or credited to the Housemate, in addition to any other reasonable expenses borne by Dwelzi. If a Housemate receives a refund after you have already been paid, or if the refunded amount, along with other costs covered by Dwelzi, exceeds your payout, Dwelzi reserves the right to recover the excess amount from you.

      Please note that the Rebooking and Refund Policy and the Unforeseen Circumstances Policy of Dwelzi, along with these Terms, take precedence over the cancellation policy you have in place. If Dwelzi anticipates issuing a refund to a Housemate under any of these policies, we may withhold any payout for that reservation until a final decision regarding the refund is reached


    2. BOOKING MODIFICATIONS

      Both Property Owners and Housemates are held accountable for any changes made to a reservation, either through the Site or by contacting our customer support. Additionally, they are responsible for paying any additional charges, fees, or taxes that may arise due to modifications in the booking.



  10. TAXES

    As a Property Owner, you are responsible for meeting your obligations under applicable laws to report, collect, remit or include in your price any applicable VAT or other indirect taxes, occupancy taxes, tourist, income, or other applicable taxes.

    We assume no responsibility for taxes related to your Listing. It is your full responsibility to ensure timely payment and submission of all relevant taxes in compliance with applicable laws and regulations.

    To simplify this process, we recommend educating yourself on local tax requirements and consulting with a tax professional if necessary. This proactive approach ensures ongoing compliance and helps avoid potential legal issues.

    In certain jurisdictions, tax regulations may require Dwelzi to collect and/or report tax information about you or withhold taxes from payouts to you, or both. Failure to provide sufficient documentation for tax withholding obligations may result in the withholding of payouts, as required by law, until adequate documentation is provided. You acknowledge that Dwelzi may issue invoices or similar documentation for VAT, GST, consumption, or other taxes on your behalf for Listing Services, facilitating accurate tax reporting by our Housemates.


    11. GENERAL TERMS

  11. REVIEWS

    At Dwelzi, we value transparency and feedback from our community. That's why after each stay, both Housemates and Property Owners have the opportunity to leave a review for each other. We encourage honest and accurate reviews, but please remember that reviews must not contain any discriminatory, offensive, defamatory, or other language that violates our Content Policy or Review Policy.

    It's important to note that reviews are not verified by Dwelzi for accuracy, and may be incorrect or misleading. Let's work together to create a helpful and supportive community where we can all share our experiences and insights


  12. CONTENT

    At Dwelzi, we provide a platform for Property Owners and Housemates to share feedback, text, photos, audio, video, and other content (“Content”).

    By providing such Content, you grant Dwelzi a non-exclusive, worldwide, royalty-free, sub-licensable, and transferable license to use, modify, distribute, publish, transmit, and exploit such Content to promote and/or operate the Dwelzi platform. This license applies to all media or platforms, known or unknown, including the internet and social networks. If the Content includes personal information, it will only be used in accordance with our Privacy Policy and applicable data protection laws.

    If Dwelzi pays for or facilitates the creation of Content, it may own that Content, in which case, additional terms or disclosures will apply. You are solely responsible for all Content you provide and warrant that you own it or are authorized to grant Dwelzi the described rights. You are also responsible for any violation or infringement of third-party intellectual property or privacy rights.

    To ensure a safe and respectful platform, all Content must comply with our Content policy and nondiscrimination policy, which prohibit discriminatory, obscene, harassing, deceptive, violent, or illegal content. By using our services, you agree that Dwelzi may provide translation services or automated tools for Content. However, we do not guarantee the accuracy or quality of translations, and members are responsible for verifying their accuracy.


  13. FEES

    We believe in transparency and fairness, which is why we ensure that all prices are all-inclusive. This means that any fees and applicable taxes are already included in the price you see when booking through our platform. We will never surprise you with hidden fees.

    However, in order to provide you with the best possible service and maintain our Site, we may charge fees (including applicable taxes) to Property Owners and Housemates for the use of our Site. These fees will always be disclosed to Property Owners before publishing a Listing and to Housemates before making a booking, so there are no surprises.


  14. DWELZI SITE RULES

    By accessing or using the Dwelzi Site, you agree to comply with the following rules:
    1. Do not use the Site for any illegal or unauthorized purpose.
    2. Do not engage in any activity that interferes with or disrupts the Site (or the servers and networks which are connected to the Site).
    3. Do not attempt to gain unauthorized access to any part of the Site, or to any of the servers or networks which are connected to the Site.
    4. Do not engage in any activity that could harm, damage, or impair the Site, or any of the servers or networks which are connected to the Site.
    5. Do not use any automated means to access the Site, or to collect any information from the Site.
    6. Do not use the Site in a way that infringes on the intellectual property rights of others.
    7. Do not post any false, misleading, or deceptive information on the Site.
    8. Do not use the Site to harass, bully, or intimidate others.
    9. Do not use the Site to distribute spam or unsolicited emails.
    10. Do not use the Site to promote or sell any illegal or prohibited products or services.
    11. Do not use the Site to promote or sell any products or services that violate any applicable laws or regulations.
    12. Do not use the Site to promote or sell any products or services that are discriminatory or offensive.

    We reserve the right to suspend or terminate your access to the Site at any time, for any reason, without notice, and without liability to you. We may also take any other measures we deem necessary to enforce these Site Rules or to protect our rights and property


  15. PET POLICY

    Approval Required: Every pet must receive prior approval from the Property Owner and all Co-living Housemates before moving in.

    Fees and Deposits: The Housemate will be charged a monthly additional pet fee when applicable. A refundable pet deposit may also be required.

    Breed and Size Limitations: Dwelzi or the Property Owner may restrict certain pet breeds, sizes, and species to ensure the comfort and safety of all housemates. Accommodations for service animals are made according to legal guidelines.

    Behavior Standards: All pets should be well-mannered and not pose a threat or nuisance to other housemates. Pets must not create excessive noise or disturbance.

    Responsibility for Care: Pet owners are expected to clean up after their pets and comply with all health and safety regulations, including vaccinations and licensing. Pets should not be left unattended for extended periods.

    Damage Liability: Pet owners will accept full responsibility for any damage or cleaning costs resulting from their pet's behavior. Pet owners must promptly report any damages caused by their pets.

    Compliance with Local Laws: All pets must comply with local laws and regulations, including leash laws and noise ordinances.

    Insurance: Pet owners may be required to obtain renters' insurance that covers pet-related incidents.


  16. TERMINATIONS, SUSPENSION AND OTHER MEASURES

    We reserve the right to terminate or suspend your access to Dwelzi and/or any of its services, with or without notice, for any reason or no reason, including but not limited to your violation of these Terms or our policies, your use of the Site in a manner that is harmful to others or impairs the Site's operations, or your failure to pay any fees or other amounts owed to us. We also reserve the right to take any other action we reasonably deem necessary to protect the integrity of the Site and its users, including but not limited to removing any content or disabling any user account, without liability to you.

    If we terminate your account, you may not create another one without our prior written consent. Any unauthorized use or access of Dwelzi following termination is expressly prohibited.

    If we suspend your account, we may reinstate it at our sole discretion. You will remain responsible for any fees or charges that accrue during the suspension period.

    We also reserve the right to modify, restrict, or discontinue Dwelzi and/or any of its services, with or without notice, at any time and for any reason. We will not be liable to you or any third party for any such modification, restriction, or discontinuation.

    If you believe that your account has been terminated or suspended in error, you may contact us at support@dwelzi.comto request a review of your account. However, we have no obligation to reinstate your account and our decision on such review is final.


  17. MODIFICATIONS OF THESE TERMS

    We strive to maintain transparency and keep you users informed of any changes made to our Terms. Any proposed changes to these Terms will be posted on the Dwelizi Site, with the "Last Updated" date at the top of the page reflecting the date of revision. Additionally, we will provide notice of these proposed changes by email, at least thirty (30) days prior to the date of implementation.

    In the event that the proposed changes to the Terms are material, explicit acceptance of the revised Terms will be required. Our notification will also include information on your right to reject the changes and the timeframe within which to do so, as well as your right to terminate the Agreement at any time before the effective date of the proposed changes, as stipulated in these Terms.

    If the changes are non-material and do not affect the essential provisions of these Terms or are legally required by a binding court decision or competent authority, your continued use of the Dwelizi Platform after the effective date of the proposed changes will constitute acceptance of the revised Terms.


  18. RESOLVING COMPLAINTS

    We strive to ensure that our complaint resolution process is straightforward and user-friendly. If you have a complaint, please complete our online submission form to initiate the resolution process. Our specialized case handlers will respond to you within 24 hours or less.

    In some instances, we may require additional information and supporting documentation to thoroughly assess the situation. Our case handlers will examine all relevant details during the investigation, including verifying compliance with our Terms of Service for European Users, as well as adherence to Dwelzi policies or standards.

    In the event that a dispute arises which cannot be resolved directly between you and Dwelzi, these Terms specify that it shall be settled through binding arbitration in accordance with the rules of the American Arbitration Association, as set out in Section 26 of these Terms (“Arbitration Agreement”). It is important to note that this provision applies specifically to users located within the United States. The decision to utilize arbitration as the method of conflict resolution is a strategic one, as it is a fair and impartial process that allows all parties to present their arguments and defend their cases. Additionally, it is often a more efficient and cost-effective way to bring a dispute to a conclusion.

    It is essential to be aware that by agreeing to this method of conflict resolution, they are waiving their right to bring or participate in a class action lawsuit against Dwelzi. As such, it is recommended that users carefully consider the implications of this provision before agreeing to the Terms.


  19. DAMAGE CLAIMS

    In case of damage claims, we at Dwelzi have taken the necessary steps to ensure that the process is as smooth and efficient as possible. To submit a damage claim, you may do so through our App, where you will be required to provide pictures of the damage. This will enable us to accurately assess the damage and expedite the resolution process. We strongly encourage all members to report any damages as soon as possible to avoid delays in the resolution process. Our team will promptly investigate and assess the damage, and we will work with all parties involved to find a fair and reasonable solution. We understand that accidents can happen, and we are committed to providing a fair and transparent process for all members.


  20. ACCOUNTS

    To use Dwelzi, you must register for an account by providing your name, email address, and other required information. You must be at least 18 years of age to register and use Dwelzi. By creating an account, you agree to provide accurate and complete information about yourself and to maintain the security of your login credentials


  21. DISCLAIMER

    At Dwelzi, we want to be transparent with our users. We cannot guarantee or endorse the conduct, performance, safety, quality, legality, or suitability of any Housemate, Property Owner, Listing, or third party.

    Any verification or identification process completed by Dwelzi or a user only confirms that the process was completed and nothing else.

    We cannot guarantee that these processes will identify past or prevent future misconduct. We are not responsible for internet or telecommunications outages or disruptions that may cause interruptions in the availability of our Site. In rare instances, we may temporarily limit access to the platform or certain features for maintenance, capacity limits, or to ensure the security or integrity of our servers. We will always provide prior notice to our members and take into consideration their legitimate interests.


  22. LIABILITY

    WE STRIVE TO PROVIDE A SAFE AND SECURE SITE FOR ALL OUR USERS, AND WE ARE COMMITTED TO BEING TRANSPARENT ABOUT OUR RESPONSIBILITIES AND LIMITATIONS.

    IN THE EVENT OF ANY INTENTIONAL OR GROSSLY NEGLIGENT ACTS BY US, OUR LEGAL REPRESENTATIVES, DIRECTORS, OR OTHER VICARIOUS AGENTS, WE ACCEPT LIABILITY UNDER STATUTORY PROVISIONS. THIS ALSO APPLIES TO ANY GUARANTEES WE MAY ASSUME OR STRICT LIABILITY, AS WELL AS IN CASES OF INJURY TO LIFE, LIMB, OR HEALTH RESULTING FROM OUR CULPABLE ACTIONS.

    FOR ANY NEGLIGENT BREACHES OF ESSENTIAL CONTRACTUAL OBLIGATIONS BY US, OUR LEGAL REPRESENTATIVES, DIRECTORS, OR OTHER VICARIOUS AGENTS, OUR LIABILITY IS LIMITED TO THE TYPICALLY OCCURRING FORESEEABLE DAMAGES. ESSENTIAL CONTRACTUAL OBLIGATIONS REFER TO THOSE DUTIES OF DWELZI THAT ARE CRITICAL TO THE PROPER EXECUTION OF THE CONTRACT AND IN WHOSE PROPER FULFILLMENT YOU REGULARLY TRUST AND MUST TRUST.

    WE ALSO WANT TO MAKE IT CLEAR THAT ANY ADDITIONAL LIABILITY OF DWELZI IS EXCLUDED.

    FURTHERMORE, TO THE EXTENT THAT OUR LIABILITY IS EXCLUDED OR LIMITED, THIS ALSO APPLIES TO THE PERSONAL LIABILITY OF OUR LEGAL REPRESENTATIVES, DIRECTORS, EMPLOYEES, AND OTHER AGENTS.


  23. INDEMNIFICATION

    We take the safety and security of our community seriously. To this end, we require our users to agree to certain terms and conditions. By using our online platform and app, you agree to release, defend (at Dwelzi's option), indemnify, and hold us (including our affiliates and personnel) harmless from any claims, liabilities, damages, losses, and expenses, including legal and accounting fees, that may arise from: (i) your breach of our Terms of Use, including any additional terms or policies that apply to a specific product or feature; (ii) your misuse of the Dwelzi Platform; (iii) your interactions with other members, your stay at an accommodation, your participation in an experience or other host service, including any injuries, losses, or damages that may occur; (iv) your failure, or our failure at your direction, to accurately report, collect, or remit taxes; or (v) your violation of any laws, regulations, or third-party rights, such as intellectual property or privacy rights. Please note that the indemnification obligation only applies if the claims, liabilities, damages, losses, and expenses have been caused by your breach of a contractual obligation.


  24. MISCELLANEOUS

    1. ENTIRE AGREEMENT

      These Terms (including the incorporated policies) constitute the entire agreement between Dwelzi and you regarding your use of the Dwelzi Site. These Terms supersede any prior oral or written understandings or agreements between Dwelzi and you. The terms do not confer any rights or remedies on anyone other than you and Dwelzi.


    2. NO WAIVER

      Dwelzi's failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by Dwelzi in writing. Any exercise of remedies by either party under these Terms will be without prejudice to its other remedies under these terms and conditions or otherwise permitted by law.


    3. ASSIGNMENT

      You cannot assign, transfer, or delegate this agreement or your rights and obligations under it without Dwelzi's prior written consent. However, Dwelzi may assign, transfer, or delegate this agreement and any rights and obligations under it at its sole discretion, with 30 days' prior notice.


    4. COMMUNICATION

      Unless otherwise specified, any notices or communications to Housemates permitted or required under this agreement will be given electronically via email, Dwelzi Site notification, messaging service, or any other contact method enabled by you.


    5. CONTENT

      Content made available through the Dwelzi Site may be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge that all intellectual property rights for that content are the exclusive property of Dwelzi and/or its licensors and agree that you will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices. You may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit any content accessed through the Dwelzi Site except to the extent you are the legal owner of that content or as expressly permitted in these terms and conditions.



  25. FORCE MAJEURE

    Dwelzi shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials.


  26. UNITED STATES DISPUTE RESOLUTION

    In the unfortunate event that a dispute arises between us, we believe in resolving it amicably and fairly.

    Our first step towards this goal is to encourage you to reach out to our customer service team. They are trained to assist you in finding a solution through informal negotiation, which is often the quickest and most effective method.

    You can contact the customer service team by sending an email to: support@dwelzi.com.

    However, if informal negotiation does not resolve the matter, we have a secondary approach in place. The next step is to engage in a formal process known as binding arbitration. This process is administered by the esteemed American Arbitration Association (AAA) and is designed to be a fair and impartial means of settling disputes.

    Both parties involved in the dispute have the right to seek resolution in small claims court as an alternative to arbitration, if they so choose. Nonetheless, we believe that binding individual arbitration, as outlined in our "Arbitration Agreement," is the best method for resolving disputes.

    We understand that disagreements can be frustrating and stressful, which is why we have put measures in place to make the process as smooth and efficient as possible.

    We appreciate your cooperation and look forward to resolving any disputes in a mutually beneficial manner.


  27. UNITED STATES ARBITRATION AGREEMENT

    1. PARTIES TO THE AGREEMENT

      PLEASE READ THE FOLLOWING SECTIONS CAREFULLY BECAUSE THEY PROVIDE THAT YOU AND DWELZI AGREE TO RESOLVE ALL DISPUTES BETWEEN USE THROUGH BINDING INDIVIDUAL ARBITRATION AND INCLUDE A CLASS ACTION WAIVER AND JURY TRIAL WAIVER. This Arbitration Agreement supersedes all prior versions.

      This Arbitration Agreement (“Agreement”) applies only to those who reside or are established within the United States.

      You and Dwelzi have agreed that any disputes, claims or controversies arising from or related to these Terms, or the use of the Site, services, or any content (collectively, "Disputes"), will be settled through binding individual arbitration, as per this Agreement. If there is any disagreement on whether this Agreement can be enforced or applies to our dispute, the arbitrator will be responsible for deciding the matter.


    2. AUTHORITY OF ARBITRATOR

      The arbitrator is an independent third party with full authority to make final decisions on the case, without bias or prejudice towards any party. The parties have the right to legal representation during the arbitration process.


    3. SCOPE OF ARBITRATION

      The scope of the arbitration is determined by the participants involved in the dispute. While the arbitrator may suggest additional aspects for discussion, all parties must agree before proceeding.


    4. CONFIDENTIALITY

      All discussions, written, oral or digital communications are confidential, and may not be shared with anyone who is not a party to the arbitration.

      Only the arbitrator's final ruling can be communicated outside of the arbitration.

      However, if the arbitrator suspects that a party or other person may be in danger of physical harm, they are ethically bound to break confidentiality


    5. ARBITRATOR IMPARTIALITY

      The arbitrator must remain impartial throughout the arbitration process and after.

      The arbitration must involve all participants directly, and no discussions can be held with representatives without the represented party present.

      The arbitrator must provide copies of all documentation to each party upon request, and may not communicate separately with any individual party.


    6. ARBITRATION DETERMINATION

      The arbitrator will render a final and binding determination in accordance with the rules and procedures of the American Arbitration Association (AAA). The determination will be based solely on the evidence presented during the arbitration proceedings and any applicable law. The parties also understand that the determination will not include discriminatory, unfair, or unlawful terms.

      Any agreements containing such terms will be rejected by the arbitrator.


    7. BINDING EFFECT

      The parties acknowledge and agree that the determination shall be final, binding, and not subject to appeal, and may be enforced in any court of competent jurisdiction.


    8. ADJOURNMENT OF ARBITRATION

      The parties may agree to adjourn the arbitration and enter into a written settlement agreement at any time before, during, or after the arbitration hearing. The parties may also enter into a written settlement agreement after a final determination has been made by the arbitrator.


    9. EXEMPTIONS FROM ARBITRATION

      You and Dwelzi acknowledge that certain claims or causes of action are exempt from this Agreement and will instead be pursued in a court of competent jurisdiction.

      These claims include:

      (i) any actual or threatened infringement, misappropriation, or violation of intellectual property rights, such as copyrights, trademarks, trade secrets, or patents;
      (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g. imminent danger or commission of a crime, hacking, cyber-attack);
      (iii) requests for public injunctive relief; or
      (iv) individual claims of sexual assault or sexual harassment arising from your use of the Dwelzi Site. You and Dwelzi agree that public injunctive relief will be sought only after the arbitration of all arbitrable claims, remedies, or causes of action, as per section 3 of the Federal Arbitration Act. Additionally, the remedy for public injunctive relief will be temporarily put on hold until the conclusion of the arbitration process.


    10. SEVERABILITY

      In the event that any portion of this Agreement is deemed illegal or unenforceable, such provision will be severed and the remainder of the Arbitration Agreement will be given full force and effect.

      By accepting the Terms and the accompanying Arbitration Agreement, you acknowledge that you have carefully read, comprehended, and consented to the provisions of this Agreement.


    11. CHANGES TO THE AGREEMENT

      If Dwelzi modifies the Arbitration Agreement after the date when you last agreed to them (or accepted any subsequent revisions), you have the option to reject the changes by providing written notice (including via email) within 30 days of the effective date of the change. However, please note that rejecting a new change does not affect your previous consent to any previous arbitration agreements between you and Dwelzi (or your previous consent to any subsequent changes), which will remain valid and enforceable for any disputes between you and Dwelzi.


    12. JURY TRIAL WAIVER

      You and Dwelzi acknowledge and agree that both parties are each waiving the right to a trial by jury as to all arbitrable Disputes.


    13. NO CLASS ACTIONS OR REPRESENTATIVE PROCEEDINGS

      You and Dwelzi acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding. Unless we agree in writing or as provided in this agreement, the arbitrator may not consolidate more than one party's claims and may not otherwise preside over any form of any class or representative proceeding. If there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy, and only that claim, cause of action or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator.



  28. GOVERNING LAW

    These Terms and any disputes arising out of or related to your use of Dwelzi shall be governed by and construed in accordance with the laws of the State of Washington, without giving effect to any choice of law or conflict of law provisions.