Terms of Service

2. Eligibility

To be eligible to use the Platform, you must meet all of the following requirements:

• Age Requirement: You must be at least 18 years of age. If you are under 18, you may not create an account or use the Platform in any capacity.
• Legal Capacity: You must have the legal capacity to form a binding contract under applicable law. If you are entering into these Terms on behalf of an entity, you represent and warrant that you have the authority to bind that entity.
• Accurate Information: You must provide truthful, accurate, and complete information during registration and at all times while using the Platform. Misrepresentation of your identity, background, or personal details is a violation of these Terms.
• One Account Per Person: Each individual may maintain only one active account on the Platform. Creating multiple accounts to circumvent restrictions, manipulate matching algorithms, or for any other purpose is strictly prohibited and may result in immediate termination of all associated accounts.
• No Prior Bans: You must not have been previously banned, suspended, or removed from the Platform for violations of these Terms.

3. Account Registration

To access certain features of the Platform, you must create an account. When registering, you agree to:

• Provide accurate, current, and complete information as prompted by the registration form, including your real name, valid email address, and any other required details.
• Maintain and promptly update your account information to keep it accurate, current, and complete.
• Create a strong, unique password and keep your login credentials confidential. You are solely responsible for all activity that occurs under your account.
• Notify us immediately at info@roomates.co if you suspect any unauthorized access to or use of your account.

Two-Factor Authentication (2FA): We strongly recommend enabling two-factor authentication on your account. 2FA provides an additional layer of security by requiring a secondary verification method (such as a time-based one-time password or email code) in addition to your password. While 2FA is not mandatory, we may require it for certain sensitive account actions. You are responsible for maintaining access to your chosen 2FA method and safeguarding any backup codes provided during setup.

Roomates reserves the right to suspend or terminate accounts that contain false or misleading information, or that are otherwise in violation of these Terms.

4. Platform Description

Roomates is a roommate matching and shared living management platform designed to help users find compatible roommates, discover available living spaces, and manage co-living arrangements. The Platform provides the following core services:

• Roommate Matching: Algorithm-driven compatibility matching based on lifestyle preferences, habits, schedules, budget ranges, and other criteria submitted by users.
• Property Listings: A marketplace for users to list, browse, and search for available rooms, apartments, and shared living spaces.
• Booking & Reservations: Tools to schedule property viewings, reserve rooms, and manage booking agreements between tenants and hosts.
• Messaging: Real-time communication between matched users, potential roommates, and property hosts to facilitate discussions and arrangements.
• Financial Tools: Budgeting utilities, expense tracking, and payment processing features to help roommates manage shared expenses and rent payments.
• Profiles & Discovery: User profiles with compatibility scores, interest tags, and discovery feeds to help users find the best possible living situation.

Roomates acts as an intermediary platform and does not itself provide housing, act as a landlord, or serve as a party to any rental agreement between users. We facilitate connections but are not responsible for the conduct, agreements, or disputes between users.

5. Matching & Discovery

The Roomates matching system uses proprietary algorithms to calculate compatibility scores between users based on a variety of factors, including but not limited to lifestyle preferences, daily routines, cleanliness habits, noise tolerance, budget ranges, location preferences, and personality traits.

Important disclaimers regarding matching:

• Compatibility scores and recommendations are suggestions only and do not constitute a guarantee of compatibility, safety, or suitability. They are generated algorithmically based on self-reported user data and should be treated as one of many factors in your decision-making process.
• Roomates does not verify the accuracy of information provided by users for matching purposes. You should independently verify any claims made by potential roommates.
• You are solely responsible for your decisions regarding roommate selection. We strongly encourage you to conduct your own due diligence, including meeting potential roommates in person, checking references, and discussing expectations before entering into any living arrangement.
• Matching algorithms may be updated, modified, or improved at any time without prior notice. Changes to the algorithm may affect your compatibility scores and discovery feed results.

6. Property Listings

Users may list available rooms, apartments, or shared living spaces on the Platform ("Listings"). By creating a Listing, you agree to the following:

• Accuracy: All Listing information, including descriptions, photographs, pricing, availability, amenities, and location details, must be truthful, accurate, and not misleading.
• Legal Authority: You must have the legal right to list the property, whether as the owner, authorized agent, or tenant with subletting permission under your lease.
• Compliance: Listings must comply with all applicable local, state, and federal laws, including fair housing regulations, zoning laws, and building codes.
• Non-Discrimination: Hosts may not discriminate against potential tenants on the basis of race, color, religion, sex, national origin, disability, familial status, sexual orientation, gender identity, or any other protected characteristic under applicable law.

Roomates does not own, manage, or inspect properties listed on the Platform. While we may offer optional verification services, we do not guarantee the accuracy, quality, safety, legality, or suitability of any Listing. Users should independently verify all property details and conduct in-person visits before making any commitments.

7. Bookings & Payments

The Platform facilitates bookings and payment processing between users. By using these features, you agree to the following terms:

• Booking Process: A booking is considered confirmed only after both parties have accepted the terms and any required payment has been successfully processed. Pending bookings may be cancelled by either party until confirmation.
• Payment Processing: All payments made through the Platform are processed by third-party payment providers. Roomates does not directly handle or store your payment card information. By making a payment, you agree to the terms of our payment processing partners.
• Service Fees: Roomates may charge service fees on bookings and transactions. Applicable fees will be clearly disclosed before you confirm any transaction. Fee structures may change with 30 days' advance notice.
• Cancellation Policy: Cancellation terms vary depending on the type of booking and the host's selected cancellation policy. Details are displayed before booking confirmation. Refund eligibility is determined by the applicable cancellation policy at the time of booking.
• Refunds: Approved refunds are processed within 5-10 business days to the original payment method. Roomates reserves the right to withhold service fees from refunds where permitted by applicable policy.
• Disputes: In the event of a payment dispute between users, Roomates may, at its sole discretion, mediate the dispute. However, we are not obligated to resolve disputes and may refer parties to external dispute resolution mechanisms.

8. User Conduct

You agree to use the Platform in a lawful, respectful, and responsible manner. The following activities are strictly prohibited:

• Harassment & Abuse: Engaging in harassment, bullying, threats, intimidation, stalking, or any form of abusive behavior toward other users, whether through messaging, profile content, or any other means.
• Fraud & Misrepresentation: Creating fake profiles, providing false information, impersonating another person or entity, or engaging in any form of deception or fraud.
• Discrimination: Discriminating against users based on race, ethnicity, religion, gender, sexual orientation, disability, age, national origin, or any other protected characteristic.
• Scraping & Data Mining: Using automated tools, bots, scrapers, or other means to collect, harvest, or extract data from the Platform without express written permission.
• Spam & Solicitation: Sending unsolicited commercial messages, advertising, or promotional content to other users, or using the Platform for purposes unrelated to roommate matching and shared living.
• Illegal Activity: Using the Platform to facilitate or engage in any illegal activity, including but not limited to money laundering, drug trafficking, or housing fraud.
• Security Violations: Attempting to gain unauthorized access to other users' accounts, the Platform's infrastructure, or any systems connected to the Platform.
• Interference: Taking any action that imposes an unreasonable load on the Platform's infrastructure, introduces viruses or malicious code, or interferes with the proper functioning of the Platform.

Violations of this section may result in immediate account suspension or termination, removal of content, and, where appropriate, referral to law enforcement authorities.

9. Content & Intellectual Property

User-Generated Content: You retain ownership of content you submit to the Platform, including profile information, photographs, reviews, and messages ("User Content"). By posting User Content, you grant Roomates a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, reproduce, modify, adapt, publish, display, and distribute your User Content in connection with operating and improving the Platform. This license survives termination of your account to the extent necessary for operational purposes (e.g., cached copies, backups) but we will make commercially reasonable efforts to remove your content upon account deletion.

Platform Intellectual Property: The Platform, including its design, logos, trademarks, source code, algorithms, matching systems, text, graphics, and all other proprietary materials, is owned by Roomates or its licensors and is protected by copyright, trademark, patent, and other intellectual property laws. You may not copy, modify, distribute, sell, or create derivative works based on any part of the Platform without our express written consent.

DMCA / Copyright Complaints: Roomates respects the intellectual property rights of others. If you believe that content on the Platform infringes your copyright, please submit a notice of claimed infringement to info@roomates.co that includes: (a) identification of the copyrighted work; (b) identification of the infringing material with sufficient detail for us to locate it; (c) your contact information; (d) a statement of good faith belief that the use is not authorized; and (e) a statement under penalty of perjury that the information is accurate and that you are the copyright owner or authorized to act on their behalf.

10. Third-Party Services

The Platform integrates with and relies upon various third-party services to deliver its functionality, including but not limited to:

• Payment Processors: Third-party payment gateways for processing transactions, recurring payments, and refunds.
• Map & Location Services: Mapping providers (e.g., Mapbox) for displaying property locations, neighborhood information, and distance calculations.
• Social Login Providers: Third-party authentication services that allow you to sign in using existing accounts from other platforms.
• Analytics & Monitoring: Services that help us understand Platform usage, diagnose issues, and improve performance.

Your use of third-party services is subject to the respective third-party terms and privacy policies. Roomates is not responsible for the availability, accuracy, content, or practices of any third-party service. We do not endorse and shall not be liable for any damage or loss arising from your use of or reliance on any third-party service.

11. Disclaimers

THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ROOMATES DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Without limiting the foregoing, Roomates does not warrant that:

• The Platform will be uninterrupted, timely, secure, or error-free.
• Compatibility scores, matching results, or recommendations will be accurate, reliable, or lead to successful roommate arrangements.
• Property listings are accurate, lawful, or represent livable or safe conditions.
• Any information provided by other users, including profile information, is truthful or complete.
• Background checks or verification processes, where offered, are comprehensive, current, or infallible. Such checks may not reveal all relevant information and should not be relied upon as the sole basis for any decision.

You acknowledge and agree that your use of the Platform and any interactions with other users are at your sole risk. Roomates is not responsible for the conduct of any user, whether online or offline.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ROOMATES, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO:

• Your use of or inability to use the Platform.
• Any conduct or content of any other user or third party on the Platform.
• Any roommate arrangement, property listing, booking, or transaction facilitated through the Platform.
• Unauthorized access to or alteration of your data.
• Any other matter relating to the Platform.

IN NO EVENT SHALL ROOMATES' TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE PLATFORM EXCEED THE GREATER OF (A) THE AMOUNTS YOU HAVE PAID TO ROOMATES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

Force Majeure: Roomates shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, terrorism, government actions, power failures, internet or telecommunications failures, or third-party service outages.

13. Indemnification

You agree to indemnify, defend, and hold harmless Roomates, its parent company, subsidiaries, affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or related to:

• Your use of or access to the Platform.
• Your violation of these Terms.
• Your violation of any third-party right, including any intellectual property, privacy, or property right.
• Any content you submit, post, or transmit through the Platform.
• Any roommate arrangement, rental agreement, or transaction you enter into with another user.
• Your negligent or willful misconduct.

Roomates reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with our defense of such claim.

14. Termination

Termination by You: You may terminate your account at any time by using the account deletion feature in your account settings or by contacting us at info@roomates.co. Upon termination, your right to use the Platform will immediately cease.

Termination by Roomates: We reserve the right to suspend or terminate your account and access to the Platform at any time, with or without cause and with or without notice, including but not limited to cases where we reasonably believe you have violated these Terms, engaged in fraudulent or illegal activity, or pose a risk to other users or the integrity of the Platform.

Effect of Termination: Upon termination of your account:

• All licenses and rights granted to you under these Terms will immediately terminate.
• Your profile will be removed from public visibility, matching results, and discovery feeds.
• Active bookings may be cancelled in accordance with applicable cancellation policies.
• We will retain your data in accordance with our Privacy Policy, including any data required for legal, regulatory, or legitimate business purposes.
• You may request export of your personal data prior to account deletion, subject to our data export capabilities and applicable law.

Survival: The following sections survive termination of these Terms: Content & Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, Governing Law & Disputes, and any other provisions that by their nature should survive.

15. Governing Law & Disputes

Governing Law: These Terms and any dispute arising out of or relating to them or the Platform shall be governed by and construed in accordance with the laws of the State of New York, United States, without regard to its conflict of law provisions.

Arbitration Agreement: You and Roomates agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Platform (including the breach, termination, enforcement, or validity thereof) shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration shall take place in New York, New York, or at another mutually agreed location. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Class Action Waiver: YOU AND ROOMATES AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

[LEGAL-REVIEW-REQUIRED] Jurisdictional carve-out (mandatory consumer protections). The arbitration agreement and class action waiver above do NOT apply where they are prohibited or unenforceable under the mandatory consumer-protection laws that apply to you. In particular, if you are a consumer resident in the European Union or European Economic Area, or a consumer protected by the Brazilian Consumer Defense Code (Código de Defesa do Consumidor, Law No. 8.078/1990), nothing in this section deprives you of the protection of, or your right to bring proceedings before, the competent courts of your country of residence under the mandatory law applicable to you. To the extent of any conflict, such mandatory local law prevails over the arbitration and class-waiver provisions.

Exceptions: Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement or misappropriation of intellectual property rights. Claims within the jurisdiction of small claims court may also be brought in such court.

16. Changes to Terms

Roomates reserves the right to modify, amend, or update these Terms at any time. When we make material changes, we will:

• Post the updated Terms on the Platform with a revised "Last Updated" date.
• Provide at least 30 days' advance notice of material changes via email to the address associated with your account, through in-app notifications, or by prominently displaying a notice on the Platform.

Your continued use of the Platform after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the Platform and may terminate your account as described in the Termination section above.

We encourage you to review these Terms periodically to stay informed of any updates. The most current version of these Terms will always be available on the Platform.

17. Contact Information

If you have any questions, concerns, or feedback regarding these Terms of Service, please contact us:

• Email: info@roomates.co
• Mailing Address: HOLA GROUP S.A.S. (NIT 902089337-1, commercial registry 851289-12), Medellín, Antioquia, Colombia

We aim to respond to all inquiries within five (5) business days. For urgent matters related to account security, please reference "URGENT" in your subject line.