Renter Terms of Service
Updated: September 8, 2026
Welcome to Obligo! Please read these Terms of Service (“Terms”) before using the Obligo Platform or any of our Services. By accessing or using the Obligo Platform or Services, you agree to be bound by these Terms.
PLEASE BE AWARE THAT THESE TERMS CONTAIN AN ARBITRATION PROVISION WHICH, WITH LIMITED EXCEPTION, REQUIRE THE RESOLUTION OF OBLIGO AND YOUR CLAIMS THROUGH FINAL AND BINDING ARBITRATION. EXCEPT WHERE PROHIBITED BY LAW, YOU AND OBLIGO MAY ONLY PURSUE CLAIMS AND SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND NOT AS A PLAINTIFF OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION.
These Terms are a binding legal contract between you and Obligo Inc. (“Obligo,” “we,” “us,” or “our”). For the purposes of these Terms, “you”, “your”, or “Renter” refers to the individual who accesses or uses the Obligo Platform or Services in connection with the lease of a Rental Property from a Property Manager. These Terms govern your access to Obligo’s website (www.obligo.com), as well as any integrations, widgets, platforms, or other channels through which Obligo makes its services available (collectively, the “Obligo Platform”), and any products, features, or services offered through the Obligo Platform (the “Services”). By accessing or using the Obligo Platform or Services, you represent that you are at least 18 years of age and located in the United States. Eligibility and access to the Obligo Platform and Services is subject to Obligo’s qualification criteria and applicable regulatory requirements.
These Terms are effective as of the date listed above. Obligo may modify these Terms from time to time, and if we make material changes, we will notify you by email. Your continued use of the Obligo Platform or Services after any updated Terms become effective constitutes your acceptance of those updated Terms.
Your use of the Obligo Platform and Services may require the collection, use, and transmission of personal information. Obligo’s practices regarding such information are described in our Privacy Policy. Certain third-party terms and conditions may also apply to your use of the Services. By accepting these Terms, you also agree to all third-party agreements referenced herein.
1. DEFINITIONS
A. “Billing Authorization” means a binding and enforceable commitment by a Renter to pay Obligo for Permitted Charges, up to the Billing Authorization Value, through the authorization of a Preauthorized Payment Method(s) and/or provision of an Obligo Deposit.
B. “Billing Authorization Service” means the functionality of the Obligo Platform enabling the fulfillment of a Property Manager’s security requirement by a Renter, and the submission and payment of Permitted Charges through a Renter’s Billing Authorization.
C. “Billing Authorization Term” means the period beginning on the date a Renter enrolls in the Billing Authorization Service and ending upon the closure of the Renter’s Obligo account. The Billing Authorization Term consists of the (1) initial term following enrollment (the “Initial BA Term”) and (2) any subsequent renewal term following the Initial BA Term until the closure of the Renter’s Obligo account (each, a “Renewal BA Term”).
D. “Billing Authorization Value” means the amount a Property Manager requires as security for Permitted Charges, as permitted by Obligo, and presented to and accepted by a Renter at enrollment or before the commencement of any Renewal BA Term.
E. “Cash-Backed Billing Authorization” means a Billing Authorization for which a Renter is required to provide an Obligo Deposit.
F. “Lease Agreement” means the contract between a Property Manager and a Renter concerning the use of the Rental Property.
G. “Obligo Deposit” means an amount of money, up to the Billing Authorization Value, paid by a Renter to Obligo to secure the Cash-Backed Billing Authorization.
H. “Obligo Plan” means any Obligo Billing Authorization Service plan, including the No Deposit, Reduced Deposit, Full Deposit, and Installment plans.
I. “Online Move-In Service” means the functionality that enables Renters to make move-in related payments to their Property Manager through the Obligo Platform and Obligo’s third party payment providers.
J. “Open Banking Access” means the secure sharing of information from a Renter’s selected bank account(s) and/or credit card(s) through an online consent process.
K. “Payment Method” means a valid and active method of payment accepted by Obligo, such as a bank account, credit card, or debit card.
L. “Permitted Charge” means any amount, up to the Billing Authorization Value, that (1) a Property Manager determines a Renter owes with regard to a Rental Property and (2) is permissible under Obligo’s policies.
M. “Preauthorized Payment Method” means a Payment Method added to a Renter’s Obligo account that may be used by Obligo to collect Service Fees, Obligo Deposits, Permitted Charges, and/or other fees related to the Billing Authorization Service.
N. “Property Manager” means the owner of a Rental Property or a property management company acting on the owner’s behalf that has entered into an agreement with Obligo to offer the Billing Authorization Service to Renters, or any successor thereof.
O. “Rental Property” means the residential unit or dwelling leased by a Renter from a Property Manager under a Lease Agreement.
P. “Renter Information” means information about a Renter or their Lease Agreement that is provided to Obligo by the Renter, their Property Manager, a property management software company affiliated with their Property Manager, or any other third-party, whether before, during, or after the Billing Authorization Term, which Obligo uses for the sale, provision, operation, and/or improvement of the Services.
Q. “Security Deposit” means an amount defined in a Lease Agreement or other document entered into between a Property Manager and a Renter that is (1) collected by a Property Manager (either directly or via Obligo’s third-party payment services providers), (2) held by the Property Manager, and (3) applied to end-of-lease deductions.
R. “Service Fee” means non-refundable fee(s) paid to Obligo by a Renter for use of the Billing Authorization Service.
2. DATA WE COLLECT
By using the Services, you authorize Obligo to collect, use, and share your Renter Information as necessary to provide, operate, and improve the Services. Obligo may share such information with your Property Manager and with affiliates and third-party service providers that support the Obligo Platform. Obligo’s collection, use, and disclosure of Renter Information is governed by our Privacy Policy.
To the extent permitted by applicable law, and in order to comply with legal and regulatory obligations, you authorize Obligo and/or third-party service providers acting on Obligo’s behalf to obtain, collect, and/or verify your social security number or other taxpayer identification number from your Property Manager, their affiliated property management software company, and/or lawful third-party sources.
3. THE ONLINE MOVE-IN SERVICE
The Online Move-In Service enables Renters to satisfy their Lease Agreement’s move-in payment requirements by using the Obligo Platform. These payments may include first and last month’s rent, Security Deposit, pet deposit, broker fees, application fees, and other move-in related charges.
By using the Online Move-In Service, you authorize Obligo, to instruct its third-party payment service providers to process payments on your behalf and transmit them directly to your Property Manager. You may pay any Move-in Service payments using any Payment Method in your name that is accepted by Obligo. Your Property Manager may request corrections pertaining to the type and amount of move-in payments to ensure alignment with your financial obligations under your Lease Agreement. Move-in payment requests may only be cancelled by your Property Manager. You remain solely responsible for satisfying all payment obligations under your Lease Agreement.
4. THE BILLING AUTHORIZATION SERVICE
The Billing Authorization Service allows qualified Renters to satisfy their Property Manager’s security requirement without paying a Security Deposit. Renters may apply for the Billing Authorization Service through the Obligo Platform. Obligo offers multiple plans for use of the Billing Authorization Service, each of which may require payment of a Service Fee, an Obligo Deposit, or both, as described in Section 4(B).
By using the Billing Authorization Service, you agree to: (1) pay any applicable Service Fee(s) and/or Obligo Deposit required by the Obligo Plan you have selected, and (2) be responsible at move-out for any Permitted Charges up to the Billing Authorization Value. If your Property Manager determines that you owe any amounts at the end of your lease term, such as for unpaid rent, property damage, or other charges permitted under the Lease Agreement and Obligo’s policies, those amounts may be submitted to Obligo. Obligo will inform you of any such Permitted Charges and you are responsible to pay such amounts to Obligo.
A. Application and Qualification
Obligo may approve or deny any applicant in its sole discretion. As part of the qualification process you agree to provide, as applicable:
i. Renter Information.
ii. Consent for Obligo to conduct background and credit checks as permitted by the Fair Credit Reporting Act (“FCRA”).
iii. Bank account and/or credit card information.
iv. Authorization to charge one or more Payment Methods linked to your Obligo account.
The use of information or a Payment Method owned by anyone other than yourself to qualify for the Billing Authorization Service constitutes a violation of these Terms.
B. Available Plans
Qualified Renters may be offered one or more Obligo Plan(s) for the use of the Billing Authorization Service based on Obligo’s qualification criteria, the lease with which the Renter applies, and the availability of Obligo Plans at the Rental Property. Renters may only select from the Obligo Plans that Obligo offers during the qualification process.
Available Obligo Plans may include the following:
i. No-Deposit Plan: Renters pay no Security Deposit or Obligo Deposit and only pay Service Fee(s).
ii. Reduced Deposit Plan: Renters pay reduced Service Fee(s) (compared to the No Deposit Plan) and a partial Obligo Deposit that is less than the Billing Authorization Value.
iii. Full Deposit Plan: Renters pay an Obligo Deposit equal to the Billing Authorization Value only and no Service Fee(s).
iv. Installments Plan: Renters pay an Obligo Deposit equal to the Billing Authorization Value through a series of scheduled installment payments; Service Fees apply only until a full Obligo Deposit is paid.
Obligo Deposits are paid to and held by Obligo during your Billing Authorization Term, and help to guarantee your payment of any charges submitted to your Billing Authorization. Obligo Deposits are not Security Deposits and are not transferred to your Property Manager.
C. Interest on Obligo Deposits
Depending on your selected Obligo Plan, you may be eligible to earn interest on your Obligo Deposit during your Billing Authorization Term. Eligibility for interest, the available interest rate, and the terms governing the accrual and payment of interest, will be disclosed prior to your enrollment in an Obligo Plan and available in your Obligo account after enrollment. Obligo may modify the interest rate applicable to your Obligo Deposit upon notice to you.
D. Applicability to the Lease Agreement
You agree, and your Property Manager has separately acknowledged, that any Security Deposit provisions in your Lease Agreement, including those governing deductions, conditions for return, and forfeiture, shall be interpreted as requirements related to the Billing Authorization Service and/or Permitted Charges for so long as you and your Property Manager have active rights and obligations related to the Billing Authorization Service. Your Property Manager has agreed to accept a Billing Authorization in place of a Security Deposit based on Obligo’s commitment to acquire your obligation to pay Permitted Charges before they become delinquent. IF YOU DO NOT COMPLY WITH THE TERMS OF YOUR OBLIGO PLAN, AND/OR YOUR PLAN IS TERMINATED BECAUSE OF YOUR NON-COMPLIANCE, SUCH ACTION MAY BE TREATED AS A BREACH OF YOUR LEASE AGREEMENT.
E. Charges to Your Billing Authorization
You remain responsible for all Permitted Charges submitted by your Property Manager. If your Property Manager submits a Permitted Charge, Obligo notifies you through the Obligo Platform and/or by email and provides you with supporting documentation or information supplied by your Property Manager. You authorize Obligo to collect Permitted Charges, as well as any outstanding Service Fees and other amounts owed under these Terms, by charging your Preauthorized Payment Method(s) and/or your Obligo Deposit.
F. Return of the Obligo Deposit
Obligo Deposit returns will be initiated upon the closure of your Obligo account by your Property Manager. Any portion of your Obligo Deposit not applied to amounts owed to Obligo under these Terms will be returned electronically to the bank account you designate via the Obligo Platform. In order to facilitate the payment of any interest accrued on your Obligo Deposit, you agree to promptly provide, upon Obligo’s request, your social security number or other tax identification number, together with any related information reasonably required to comply with applicable law.
Obligo will return your Obligo Deposit only to you, the individual who has contracted with Obligo, and will not split, apportion, or otherwise distribute any refund among roommates or co-renters. Obligo will not refund any portion of your Obligo Deposit before the end of your tenancy.
If Obligo is unable to return your Obligo Deposit and, if applicable, any accrued interest for any reason, including because valid payment instructions or identification information were not provided or a refund attempt fails, you are responsible for contacting Obligo and providing updated bank account information, contact information, or such other information necessary to facilitate the return. If we are unable to return your funds, we may treat them as unclaimed property and escheat (send) them to your state of residency, as determined based on the information in your Obligo account. If your state of residency cannot be determined, we may escheat the funds to the state where the Rental Property is located. Where required, we will send you notice prior to escheating any of your funds. Once funds have been transferred, you must claim them directly from the relevant state’s unclaimed property administrator.
G. Modification and Renewals
Your Property Manager may request changes and/or corrections to your Billing Authorization via the Obligo Platform at any point during your Billing Authorization Term. Obligo will notify you of any changes that impact your financial obligations, such as an increase or decrease in the Billing Authorization Value and/or Service Fee(s) applicable to your Obligo plan, and you must consent to any such changes before they can become effective. You are responsible for the terms of your updated and/or renewed Obligo plan following your provision of such consent.
H. Termination of the Billing Authorization
Obligo will terminate your Billing Authorization only when your Property Manager (1) closes your Obligo account or (2) confirms that you have paid a Security Deposit in satisfaction of your full security requirement.
You remain responsible for all Service Fees, Permitted Charges, and related fees incurred during the Billing Authorization Term, even if Obligo stops charging your account. If you have moved-out of the Rental Property and your Obligo account has not been closed, you must contact Obligo’s Customer Support team at support@myobligo.com.
5. FEE AND PAYMENT INFORMATION
A. Your Payment Obligations
By using the Services, you agree to pay, as applicable: (1) Online Move-in Service payments, (2) all non-refundable Service Fee(s) disclosed at enrollment and renewal, (3) any Obligo Deposit required by your selected Obligo Plan, (4) all Permitted Charges submitted by your Property Manager in accordance with Obligo’s policies, and (5) any other fees disclosed and charged by Obligo under these Terms, including fees for payment processing, wire transfers, payment facilitation, late payments, and failed transactions. All amounts owed are in US dollars and shall be exclusive of taxes. If Obligo incurs taxes on your behalf, you agree to pay or reimburse Obligo. Obligo reserves the right to correct any errors in amounts charged upon notice to you. Charges that are not disputed within 30 days of the transaction date are conclusively deemed accurate.
B. Preauthorized Payment Methods
If you elect to use the Billing Authorization Service, you are required to provide an authorization for Obligo to charge one or more of your Payment Method(s) to collect Service Fees, Permitted Charges, and any other amounts owed in connection with your use
of the Billing Authorization Service under these Terms. Obligo may charge any of your Preauthorized Payment Method(s) to collect amounts owed.
You must maintain at least one valid Preauthorized Payment Method associated with your Obligo account at all times. Failure to maintain a valid Preauthorized Payment Method may constitute a violation of these Terms. If the Preauthorized Payment Method you used to qualify for the Billing Authorization Service becomes inactive, unavailable, inaccessible, or lacks sufficient funds/credit limit to pay the amounts owed, you must replace it with a valid Payment Method. You may add or update a Preauthorized Payment Method at any time during your Obligo Billing Authorization Term through the Obligo Platform or by contacting support@myobligo.com. If you do not add or update a valid Payment Method within ten (10) days of a Preauthorized Payment Method becoming inactive or inaccessible or after receiving notice from Obligo requesting an updated Payment Method, Obligo may: (1) inform your Property Manager of such breach of our Terms and/or (2) require you to provide Obligo with an Obligo Deposit equal to the Billing Authorization Value. You remain responsible for all amounts owed under these Terms, even if you decline to add an alternate Payment Method or provide an Obligo Deposit or a Security Deposit.
In the event you have amounts due to Obligo at the end of your lease, you may arrange to pay such charges using any Payment Method in your name, including new methods that you did not preauthorize at enrollment. You acknowledge and agree that such Payment Method(s) may be charged in place of, or in addition to, your Preauthorized Payment Method(s).
6. COLLECTION AND ENFORCEMENT
You are responsible for the timely payment of all amounts due under these Terms, including, as applicable and without limitation, all Online Move-In Service payments, Service Fees, Obligo Deposits, Permitted Charges, late fees, processing fees, failed transaction fees, and collection costs. Your account will be considered delinquent if any amount due remains unpaid after its due date.
A. Online Move-In Service Payments.
You are required to make all move-in payments, as established by your Property Manager in accordance with your Lease Agreement and stated on the Obligo Platform, to Obligo. If a move-in payment transaction fails or is declined, reversed, returned, or otherwise not successfully completed for any reason, Obligo may require you to retry it or take any action stated in Sections 6(D) and 6(E), as relevant to the Online Move-Service. Your Property Manager may request corrections to the amount and type of move-in payments. Move-in payment requests may only be cancelled by your Property Manager.
B. Billing Authorization Services Enrollment
Your enrollment in an Obligo Plan is not complete, and you are not approved for any plan, until all payments due at enrollment, as presented on the Obligo Platform, have been successfully received by Obligo.
In the event you are approved for an Obligo Plan, and any scheduled payment for Service Fee(s) or an Obligo Deposit fails or is disputed, you remain fully responsible for all amounts due. Obligo may continue to treat your Obligo plan as active, with all related obligations remaining valid and enforceable.
C. Authorization for Payment Reattempts
You authorize Obligo to reattempt any failed payment(s) and to charge or debit any Payment Method you have provided (or subsequently provide) for the purpose of satisfying your financial obligations, upon notice to you. Obligo may, in its discretion: (a) initiate no more than 2 reattempted payments in a 180-day period, (b) process partial payments, and (c) process payments on dates other than originally scheduled, in each case to facilitate successful collection of amounts due and as permitted by applicable law. Obligo may use information obtained through your Open Banking Access to assess the likelihood of a successful payment.
D. Enforcement Activities
If Obligo is unable to successfully collect payment for Move-in Service payment(s), Service Fee(s), Obligo Deposit(s), or Permitted Charges, Obligo may, in its discretion, as applicable, and to the extent permitted by law:
i. Require you to add a new, active, and valid Payment Method to resolve any outstanding balance in accordance with Section 5(B) of these Terms.
ii. Permit you to enroll in an alternate Obligo Plan, subject to qualification and payment of applicable Service Fees.
iii. Reschedule or add one or more installment payments to your payment schedule.
iv. Charge you late fees, failed payment fees, and collection costs.
v. Require immediate payment of an Obligo Deposit equal to the Billing Authorization Value, including requiring any remaining installment balance to be paid in full.
vi. Apply any amounts owed to you, including Obligo Deposit or other payment refunds, toward delinquent amounts you owe to Obligo.
vii. Suspend or terminate your enrollment in the Billing Authorization Service and/or restrict or prohibit your current or future access to the Services.
viii. Contact you regarding amounts owed via mail, email, landline or mobile telephone (including the use of prerecorded messages, automated dialing systems, and AI-enabled calls), and/or SMS (including automated SMS).
ix. Engage third-party collection agencies, which may report your outstanding debts or delinquencies to collection bureaus and/or credit reporting agencies, thereby negatively impacting your credit.
E. Property Manager and Third-Party Notification
Obligo may notify your Property Manager of any failed or reversed Online Move-in Service payments, any failure to obtain approval for an Obligo plan, and any other failed or reversed payments, as well as any delinquency, suspension, or termination of your Billing Authorization. Upon such notification, your Property Manager may, in accordance with your Lease Agreement, require you to provide them with a Security Deposit in lieu of a Billing Authorization, and/or collect any Online Move-in Service payments independent of Obligo. Failure to satisfy these obligations may constitute a breach of your Lease Agreement.
7. ACH AND CREDIT CARD AUTHORIZATION
As a condition of the Billing Authorization Service, Obligo requires you to provide and maintain at least one active and debitable/chargeable Preauthorized Payment Method on file with Obligo during your Billing Authorization Term. You certify that you are an authorized signer or holder of all Preauthorized Payment Method(s) provided and that no additional authorization or consent from another person is required (or, if required, you have obtained it).
By providing a bank account or a credit card as a Preauthorized Payment Method through the Obligo Platform, you authorize Obligo and its servicers, assignees, and designees, to initiate a one-time debit or charge from such Preauthorized Payment Method(s) for an amount not less than $1.00 and not greater than the amount due as renewal Service Fee(s) and/or Permitted Charge(s) disclosed to you through the Obligo Platform and/or via email.
Obligo may, in its sole discretion, elect to divide renewal Service Fee(s) and/or Permitted Charge(s) into monthly or weekly installment payments as a courtesy to you. You authorize Obligo to perform a recurring ACH debit or charge your Preauthorized Payment Method(s) for each installment, in such amounts as disclosed to you via email and/or the Obligo Platform, and such debits/charges shall occur on the same date of each month or day of the week (or if such payment date falls on a weekend or holiday, the next business day) until your renewal Service Fee obligation(s) and/or Permitted Charge(s) have been satisfied. The above recurring authorizations will remain in full force and effect until you notify Obligo that you wish to revoke them by emailing support@myobligo.com at least 3 business days before the scheduled payment. Revocation will not affect already initiated payments.
You agree to maintain sufficient available funds in all Preauthorized Payment Method(s) on the date the ACH debit or credit card charge is processed. If your depository institution or credit card company does not honor the charge due to insufficient or uncollected funds or an insufficient credit limit, you authorize us to reinitiate the debit or charge. You also authorize us to debit or charge the Preauthorized Payment Method(s) for any returned-payment fee disclosed in these Terms. You understand that your depository institution or credit card provider may also assess overdraft or over-the-limit charges respectively, or related fees. In the event of a payment error, we reserve the right to initiate a one-time credit or debit to the Preauthorized Payment Method(s) associated with your Obligo account to correct any such error related to a prior transaction.
This ACH and credit card authorization does not relieve you of your obligation to make timely payments under these Terms. You acknowledge that this authorization is transferable and assignable by us to any successor or assignee of these Terms.
BY PROVIDING YOUR ELECTRONIC CONSENT, YOU AGREE TO THIS ONE-TIME ACH OR CREDIT CARD PAYMENT AUTHORIZATION AS WELL AS RECURRING ACH OR CREDIT CARD PAYMENT AUTHORIZATIONS AND ACKNOWLEDGE THAT YOU HAVE RECEIVED A COPY OF THIS AUTHORIZATION AGREEMENT FOR YOUR RECORDS.
8. ACCOUNT VERIFICATION
You expressly authorize Obligo to initiate de minimis credit and debit entries from time to
time, which may be as little as $0.01 and shall not exceed $1.00 in total per transaction, to and from any Preauthorized Payment Method(s) you have on file with your Obligo account for the purpose of (1) verifying account connectivity and activeness and/or (2) maintaining the integrity of Obligo’s payment systems. Such entries may occur periodically during your Billing Authorization Term, in Obligo’s sole discretion. Any amounts debited pursuant to this process will be promptly re-credited in equal value, resulting in no net loss to you. These test transactions are separate from and in addition to any fees or other charges permitted under these Terms.
9. COMMUNICATIONS AND ELECTRONIC CONSENT
These Terms are entered into electronically and are legally binding to the same extent as if they were executed in writing and signed by hand. You consent to Obligo’s use of electronic records and communications in connection with these Terms and your use of the Services. This includes, without limitation, agreements, notices, disclosures, authorizations, and other communications (collectively, “Communications”). By using the Services, you consent to receiving Communications from Obligo regarding your account and any products, services, or promotions that may be available to you, by mail, email, landline or mobile telephone (including the use of pre-recorded messages, automated dialing systems, and AI-enabled calls), SMS (including automated SMS), and/or any other electronic means.
You agree that all Communications provided electronically satisfy any legal requirement that such communications be in writing. You further agree to maintain accurate and up-to-date contact information, including a valid email address, in order to receive Communications. To the fullest extent permitted by law, you waive any defense based on the electronic form of these Terms or any Communication, including any requirement for a handwritten signature or the delivery or retention of non-electronic records.
10. DISPUTES WITH PROPERTY MANAGERS
If you have a dispute regarding the amount or nature of an Online Move-in Service payment(s) or Permitted Charge(s), you must contact your Property Manager to resolve the dispute. Because Obligo is not a party to your lease and does not have access to your Rental Property, it is unable to adjudicate disputes or make determinations regarding the validity of any move-in payments or Permitted Charges. Obligo does maintain a dedicated customer support team to assist Renters with questions regarding move-in payments and Permitted Charges submitted by their Property Managers, and may review amounts submitted for administrative errors, request additional supporting documentation from your Property Manager, and facilitate communication between you and your Property Manager where appropriate. If your Property Manager agrees to reduce or cancel any Permitted Charge(s), or provides other information that reduces or cancels any other payment obligation you have to Obligo, you will be refunded any amounts you have already paid to Obligo in excess of these revised amounts.
Any assistance provided by Obligo does not create a duty or obligation for Obligo to resolve a dispute. A dispute with your Property Manager does not pause or limit your obligations to Obligo, and you remain responsible for all outstanding payments owed to Obligo while a dispute is pending.
11. DISPUTES WITH OBLIGO
PLEASE READ THIS DISPUTE RESOLUTION AGREEMENT CAREFULLY AS IT AFFECTS YOUR AND OBLIGO’S LEGAL RIGHTS. PLEASE NOTE THAT THIS AGREEMENT INCLUDES A MANDATORY INFORMAL DISPUTE RESOLUTION AND ARBITRATION AGREEMENT, CLASS ACTION WAIVER, AND LIMITED 30-DAY OPT-OUT.
Obligo’s dedicated Customer Support team is available to assist you with questions or concerns regarding the Services. In the unlikely event that you or Obligo have a dispute that cannot be resolved amicably through the mandatory informal dispute resolution procedure described below, then except as otherwise stated herein, you and Obligo agree to address any disputes through binding individual arbitration or in small claims court in the jurisdiction where you reside, rather than through a jury trial or class action. In arbitration, a neutral decision maker (called an arbitrator) hears both sides of a dispute and issues a binding decision. The procedures are streamlined in arbitration and include less discovery and appellate review, which helps to ensure that dispute resolution is less burdensome and more cost-effective for everyone.
Except as otherwise provided in Section 11(D) below, a “Dispute” shall be interpreted broadly to cover any claim or controversy arising out of, relating in any way to, or connected in any way with: (i) your use of the Obligo Platforms and/or Services; (ii) your purchase of any Services; (iii) the advertising, marketing, sale, condition, or performance of the Obligo Platforms and/or Services; (iv) your personal or financial information provided to Obligo; and (v) the terms and conditions relating to the Obligo Platforms and/or Services, including, but not limited to, these Terms.
The terms of this Section 11 apply to all Disputes, even if the acts, omissions, or relationships giving rise to such Disputes occurred before this version of the Terms (or such modification) became effective. However, if you or Obligo already filed an arbitration, lawsuit, or other legal proceeding prior to this version of the Terms (or such modification), that arbitration, lawsuit, or proceeding will continue to be governed by the version of the Terms applicable when the arbitration, lawsuit, or proceeding was filed. Moreover, if we seek to remove the Dispute Resolution Agreement from these Terms, such removal shall not be effective as to any arbitration, lawsuit, or other legal proceeding that was filed prior to the effective date of the removal.
A. Mandatory Informal Dispute Resolution Procedure
If you or Obligo intend to initiate an arbitration or small claims court proceeding, you or Obligo must first send a fully completed notice of the Dispute (the “Notice”) to the other party. The Notice must include: (i) the name and contact information (email address, mailing/physical address, and telephone number) of the party providing the Notice; (ii) a description of the nature and basis of the Dispute; (iii) the specific issue; and (iv) the nature, amount, and basis of the relief sought. The Notice must be personally signed by you (if you are sending the Notice) or by an Obligo representative (if we are sending the Notice), even if you or we are represented by counsel. Your Notices to Obligo shall be sent by email to legal@myobligo.com. Notices to you shall be sent by email to the address associated with your Obligo account or by regular mail to the physical address we have on file for you.
Once the Notice is received by the other party, you and Obligo agree to participate and negotiate in good faith about the Dispute for sixty (60) days, or a longer period agreed to by the Parties (“Mandatory Informal Dispute Resolution Period”). This participation shall include at least 1 telephone conference between you and us, so long as it is requested by either party. If the Dispute is not resolved within the Mandatory Informal Dispute Resolution Period, you or we may initiate an arbitration or a small claims court proceeding in accordance with this Section 11.
Neither party may initiate an arbitration or a small claims court proceeding unless that party has fully complied with this Section 11(A). If either party does not comply with this Section 11(A), a court of competent jurisdiction has the authority to enjoin the prosecution of the arbitration or small claims court proceeding, and, unless prohibited by law, neither the American Arbitration Association (“AAA”) nor any other arbitration administrator shall accept or administer such arbitration.
Any relevant limitations period or other similar deadline shall be tolled during the Mandatory Informal Dispute Resolution Period.
B. Class Action Waiver and Individual Relief
You and Obligo agree to the fullest extent permitted by law that each may bring claims (whether in court or in arbitration) against the other only in an individual capacity, and not as a plaintiffor claimant in any purported class, collective, consolidated, or representative proceeding. Neither you nor Obligo may bring a claim on behalf of a class or group and may not bring a claim on behalf of any other person, except in a legally authorized representative capacity.
The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. Further, unless you and Obligo agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. If any prohibition in this Section 11(B) is found to be unenforceable with respect to a particular claim or request for relief, then such claim or request for relief shall proceed in a court of competent jurisdiction, but it shall be stayed pending arbitration of all other arbitrable claims and requests for relief.
C. Small Claims
If the parties are not able to resolve the Dispute through the Mandatory Informal Dispute Resolution Procedure in Section 11(A), you and we agree that either party may elect to have the Dispute heard in small claims court in the county or parish in which you reside seeking only individualized relief and so long as the Dispute falls within the jurisdictional limits of that court.
D. Mutual Arbitration Agreement
If the parties are not able to resolve the Dispute through the Mandatory Informal Dispute
Resolution Procedure and neither Party elects to have the Dispute heard in small claims court, you and Obligo agree that the Dispute will be resolved through binding individual arbitration, except that a court of competent jurisdiction shall have exclusive jurisdiction over the following:
i. Any Dispute relating to the infringement or other misuse of intellectual property rights;
ii. Any Dispute that exclusively seeks declaratory or injunctive relief; and
iii. Any proceeding to (i) enforce the prohibition on class, collective, representative, or consolidated actions or proceedings, (ii) enjoin the filing and prosecution of arbitration demands or small claims court proceedings to enforce Sections 11(A) or 11(C), or (iii) adjudicate a Dispute over whether you effectively opted out of arbitration or adjudicate a Dispute that has been opted out.
Arbitration will be administered by the AAA and heard by a single, neutral arbitrator. Except as modified by this Section 11, the AAA will administer the arbitration in accordance with their rules applicable to the nature of the Dispute (the “AAA Rules”). The AAA Rules are available at https://www.adr.org/Rules. If the AAA is unavailable or unwilling to administer the arbitration consistent with this Section 11, the parties shall agree on an alternative provider to administer the arbitration consistent with the AAA Rules (as modified by this Section 11). If the parties cannot agree, they shall jointly petition a court of competent jurisdiction to appoint a provider that will administer the arbitration consistent with the AAA Rules (as modified by this Section 11).
A party seeking to initiate arbitration must provide the other party with a written demand for arbitration as specified in the AAA Rules. By submitting the demand for arbitration, a party (and their counsel if they are represented) certifies that (i) they have complied with the Mandatory Informal Dispute Resolution Procedure and (ii) the claims and the relief sought are neither frivolous nor brought for an improper purpose. The arbitrator is authorized to award any sanctions available under federal or applicable state law against all appropriate persons (including counsel) as a court would.
If a party seeks to withdraw a demand for arbitration after the appointment of an arbitrator but before a merits hearing (and the Dispute has not been settled or otherwise resolved by agreement), and the party is represented by counsel, the arbitrator shall retain authority to consider any request by the other party for reimbursement of arbitration fees paid or payable as of the date of the withdrawal.
The arbitrator shall issue a written award sufficient to explain the essential findings and conclusions on which the award is based. The arbitrator’s award shall not be given preclusive effect or be binding in any other proceeding involving different persons.
Any arbitration hearing will be conducted in the county or parish where you reside or at another location that is reasonably convenient to you.
E. Mass Arbitrations
If more than twenty-five (25) claimants (including you) assert the same or similar claims
against Obligo through the same or coordinated counsel (“Mass Arbitrations”), you and Obligo understand and agree that the additional procedures in this Section 11(E) apply and that the resolution of your Dispute might be delayed.
i. Stage One. Counsel for the claimants and counsel for Obligo shall each select 12 claims (per side) to be filed first and to proceed in individual arbitration proceedings as part of a staged process. Any remaining claims shall not be filed or deemed filed in arbitration, nor shall any per-claim arbitration fees (including any filing fees, case management or arbitrator appointment fees, hearing or final fees, or arbitrator compensation) be assessed in connection with those remaining claims unless and until they are filed and deemed filed as part of the agreed-upon staged process. Each arbitrator shall endeavor to issue their award within 180 days after their appointment. If for any reason an arbitrator is unable to issue their award within 365 days after their appointment, that arbitration shall be deemed completed for purposes of the staging process. After the Stage One claims are arbitrated or otherwise deemed completed, the Parties shall engage in a global mediation of all remaining claims with a retired federal or state court judge, and Obligo shall pay the mediation fee.
ii. Stage Two. If your claim is not resolved after the first set of staged proceedings and the related mediation, either: (i) you or Obligo may, separately or by agreement, opt out of arbitration and elect to have your claim heard in a court of competent jurisdiction; or (ii) if neither you nor Obligo elects to have your claim heard in court, then your claim may proceed in an individual arbitration simultaneously with any other remaining claims in their respective individual arbitrations.
Any relevant limitations period or other similar deadline shall be tolled for claims subject to these additional Mass Arbitration procedures from the time that Notice of the Disputes is provided under Section 11(A) above, until the time the claims are selected for a staged arbitration process, withdrawn, opted out of arbitration, or otherwise resolved.
A court of competent jurisdiction shall have the authority to enjoin the filing and prosecution of arbitration demands to enforce the provisions in this Section 11(E).
F. Arbitration Fees
All arbitration fees shall be determined by the AAA Rules as modified by this Dispute Resolution Agreement. If your Dispute is for less than $5,000 and is not part of a Mass Arbitration as set forth in Section 11(E) above, we shall reimburse your portion of the arbitration fees unless an arbitrator determines that your Dispute was frivolous or brought in bad faith.
G. Opt Out
You have the right to opt out and not be bound by the Dispute Resolution Agreement in this Section 11 by sending written notice of your decision to opt out to the following email address: legal@myobligo.com, using the subject line “Arbitration Opt-Out.” The notice must state that you do not agree to the Dispute Resolution Agreement in the Terms and must identify your name, mailing/physical address, email address, telephone number, and any Services to which you subscribe. The notice must be sent within 30 days of the date on which you first used the Obligo Platform and/or Services (or if you already used the Obligo Platforms or Services at the time this version of the Terms became effective, then within 30 days following the effective date, you shall be bound to arbitrate disputes in accordance with the provisions of this Section 11). Opting out of the Dispute Resolution Agreement will not affect in any way the benefits to which you would otherwise be entitled pursuant to your use of the Obligo Services.
H. Application of Federal Arbitration Act and Jury Trial Waiver
You and Obligo agree that the Terms and this Dispute Resolution Agreement evidence a transaction in interstate commerce and that the Federal Arbitration Act (9 U.S.C. § 1, et seq.) applies. To the fullest extent permitted by law, you and Obligo agree to waive the right to a jury trial.
I. Survival
This Section 11 shall survive termination of your relationship with us, including, but not limited to, termination of your use of any Services.
12. REFUND POLICY
All Online Move-In Service payments, Service Fee(s), Permitted Charge(s), and/or other payments made by you, with the exception of Obligo Deposits, are nonrefundable unless (1) your Property Manager alerts Obligo of an error, mistake, cancellation, or court order that would necessitate a modification, or (2) Obligo determines that it made an error or mistake in assessing or presenting any amounts ultimately paid by you. All Service Fees are fully earned upon sign-up or renewal, regardless of whether you are permitted to pay such fees in monthly installments or if you cancel or are terminated from the Services. In the event that your Property Manager reduces the amount of Permitted Charges after you have already paid them to Obligo, Obligo will issue you a refund for any overages paid.
13. USER REPRESENTATIONS AND SECURITY RESPONSIBILITIES
By using the Services, you represent and warrant that:
A. All information you provide is truthful, accurate, current, and complete, and you will maintain and promptly update your account information as necessary.
B. You are at least 18 years of age.
C. Your use of the Obligo Platform and Services does not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, outdated, and/or incomplete, or if Obligo reasonably suspects that such information is untrue, inaccurate, outdated, and/or incomplete, Obligo may suspend or terminate your account and restrict your ability to use the Services in the future.
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You are responsible for fees, charges, losses, or damages resulting from activities under your account to the extent that such activities result from your failure to safeguard your credentials or your violation of these Terms.
14. PROHIBITED ACTIVITIES
You may access and use the Services only for the purposes for which Obligo makes them available. Any improper, unlawful, or unauthorized use of the Services is strictly prohibited. If you engage in any prohibited activity, Obligo may, in its sole discretion, exercise any rights and remedies available to it under applicable law, equity, or these Terms and may terminate your account, decline to renew it, and/or prohibit you from using the Services in the future.
Prohibited activities include, but are not limited to:
i. Engaging in any unlawful, fraudulent, deceptive, or tortious conduct, including attempting to obtain sensitive account information or otherwise defraud Obligo or its users.
ii. Harassing, abusing, or threatening any person involved in the provision of the Obligo Services, including Obligo’s employees or agents.
iii. Attempting to impersonate or impersonating another person or entity or providing false or inaccurate information in connection with your account or use of the Services.
iv. Interfering with or disrupting the Obligo Platform or Services, including imposing an undue burden through excessive or automated activity.
v. Circumventing or attempting to circumvent any security or access controls.
vi. Reverse engineering, decompiling, or otherwise attempting to derive the source code of the Obligo Platform or Services.
vii. Using the Obligo Platform or Services, or any data obtained from such, to develop or support a competing product or service.
viii. Introducing viruses, malware, or other harmful code to the Obligo Platform or Services.
ix. Using automated tools (including bots, spiders, scrapers, data mining tools, offline readers, scripts, or similar technologies) or other methods to access or interact with the Obligo Platform or Services for the purpose of extracting, collecting, or compiling data without Obligo’s prior written permission.
x. Removing or altering any copyright or other proprietary notices contained in the Obligo Platform.
xi. Misusing any third-party services or integrations made available through the Obligo Platform or Services.
xii. Using the Services for unauthorized or improper payment activity, including circumventing payment obligations or misusing financial products.
xiii. Using the Services in violation of applicable laws, rules, or regulations, or in a manner inconsistent with these Terms.
15. INTELLECTUAL PROPERTY RIGHTS
The content made available through the Obligo Platform and website, including, without limitation, all source code, databases, functionality, software, designs, audio, video, text, photographs, graphics, and other materials (collectively, “Obligo Content”), as well as all trademarks, service marks, trade dress, logos, and other brand identifiers used in connection with the Services (collectively, “Marks”), are owned by or licensed to Obligo. Such Obligo Content and Marks are protected by United States and international copyright, trademark, and other intellectual property laws, as well as international treaties and conventions.
All Marks, including Obligo’s graphics, designs, page headers, button icons, scripts, and service names, are the registered or unregistered trademarks or trade dress of Obligo in the United States and/or other jurisdictions. You may not use the Marks, including as part of any trademark, service mark, or domain name, in connection with any product or service in a manner that is likely to cause confusion, or copy or imitate them, in whole or in part, without Obligo’s prior written consent.
The Obligo Content is provided to you “AS IS” for your personal, informational use only. Except as expressly permitted in these Terms, you may not use, copy, reproduce, aggregate, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Obligo Content for any purpose without Obligo’s prior written consent. Subject to your eligibility to use the Services and compliance with these Terms, Obligo grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Obligo Platform and Services, and to download or print copies of the Obligo Content to which you have lawful access, solely for your personal, non-commercial use. All rights not expressly granted are reserved by Obligo.
16. USER CONTENT AND SUBMISSIONS
You agree to grant Obligo a royalty-free, worldwide, transferable, sublicensable, irrevocable, and perpetual license to use any questions, comments, suggestions, ideas, feedback, or other information you provide to Obligo about the Obligo Platform and/or Services ("Submissions"). Obligo and its designees shall be permitted to use, disclose, reproduce, modify, license, distribute or otherwise exploit such Submissions for any lawful purpose, commercial or otherwise, including the development or improvement of features or functionality of the Obligo Platform or Services, without acknowledgment or compensation to you.
17. THIRD-PARTY SERVICES AND CONTENT
The Obligo Platform may contain, or may direct you to, third-party websites, applications, products, services, or other resources (“Third-Party Services”), as well as articles, text, graphics, images, software, audio, video, and other materials originating from third parties (”Third-Party Content"). Obligo does not investigate, monitor, verify, or guarantee the accuracy, completeness, appropriateness, or reliability of any Third-Party Services or Third-Party Content.
Obligo is not responsible for any Third-Party Services you access through the Obligo Platform or for any Third-Party Content made available through or in connection with the Services, including the content, accuracy, legality, opinions, reliability, privacy practices, or other policies of such third parties. Third-Party Services may utilize artificial intelligence, machine learning, or similar technologies in connection with the processing of data or the provision of their services, and Obligo does not control, monitor, or assume any responsibility for how such technologies are used or how your data is collected, processed, stored, or otherwise used by such third parties. The inclusion of, link to, or availability of any Third-Party Service or Third-Party Content does not constitute or imply endorsement, approval, or sponsorship by Obligo. Any purchases or transactions you undertake through Third-Party Services are made directly with the applicable party. Obligo has no responsibility or liability for such transactions.
18. THIRD-PARTY AUTHORIZATION AND PAYMENT SERVICES
A. PLAID: Obligo may use Plaid and its Open Banking Access services to verify your bank account and credit card and access your current balance and transaction history (collectively, the “Plaid Service Data”). You hereby expressly authorize Plaid to access, use, and transmit the Plaid Service Data as reasonably necessary to provide its services to you and/or on your behalf. By agreeing to these Terms, you agree to Plaid’s Terms of Service and acknowledge its End User Privacy Policy.
B. PAYMENT PROCESSING: Some payment processing services are necessary for the provision of the Obligo Services. Obligo engages third party payment processors to receive and remit all funds owed to any party other than Obligo. By agreeing to these Terms and using the Services, you agree to Obligo’s use of such third party payment processors.
i. STRIPE: Some payment processing services necessary for the provision of the Obligo Services are provided by Stripe (www.stripe.com) and are subject to the Stripe Connected Account Agreement, which includes the Stripe Services Agreement (collectively, the “Stripe Agreements”). By agreeing to these Terms and using the Services, you agree to be bound by the Stripe Agreements, as may be modified from time to time. As a condition of Obligo enabling payment processing services through Stripe, you agree to provide Stripe and Obligo with accurate and complete information. You authorize Obligo to share such information, as well as your transaction information, with Stripe.
ii. DWOLLA: Some payment services necessary for the provision of the Obligo Services are provided by Dwolla (www.dwolla.com); in order to use these payment services, a “Dwolla Platform” account will be created for you. By agreeing to these Terms and using the Services, you agree to be bound by Dwolla’s Terms of Service and acknowledge its Privacy Policy. Any funds in your Dwolla account are held and maintained by Dwolla’s financial institution partners, as described in the Dwolla’s Terms of Service. By using the Services, you authorize Obligo to collect and share your personal information with Dwolla, including your name, email address, and financial information, and you are responsible for the accuracy and completeness of such information. You understand and agree that you will access and manage your Dwolla account exclusively though Obligo, and that any Dwolla-related notifications will be sent to you by Obligo. Obligo will provide email and chat-based support for your Dwolla account through your login at obligo.com.
19. TERM AND TERMINATION
These Terms shall remain in full force and effect while: (1) you use the Services; (2) any Permitted Charges, Service Fees, and/or other amounts incurred under these Terms are still owed to Obligo; and/or (3) any Obligo Deposit funds are held by Obligo. In addition to any termination or suspension, Obligo reserves the right to pursue appropriate legal remedies, including, without limitation, civil, criminal, injunctive, or collection-related actions. Termination of your account does not waive, discharge, or restrict Obligo’s ability to collect any outstanding balance.
If Obligo terminates or suspends your account for cause, you may not register for or create a new account under your name, a fictitious name, a borrowed name, or the name of any third-party.
Any provisions of these Terms that must survive termination or expiration to fulfill their intended purpose shall continue in effect for as long as necessary to fulfill that purpose.
YOUR RIGHT TO CANCEL – IF YOU ARE A RESIDENT OF A STATE THAT PROVIDES A RIGHT TO CANCEL CERTAIN SERVICE AGREEMENTS, YOU MAY BE ABLE TO CANCEL YOUR ENROLLMENT IN THE SERVICES WITHOUT PENALTY WITHIN THREE (3) BUSINESS DAYS (EXCLUDING HOLIDAYS) AFTER ACCEPTING THESE TERMS, AS PERMITTED BY APPLICABLE LAW. PLEASE REVIEW THE CANCELLATION RULES APPLICABLE TO YOUR STATE. TO EXERCISE THIS RIGHT, YOU MUST PROVIDE NOTICE TO OBLIGO USING THE CONTACT INFORMATION PROVIDED IN SECTION 24 OF THESE TERMS. IF YOU CANCEL YOUR BILLING AUTHORIZATION SERVICE, YOU MAY BE REQUIRED TO PROVIDE A SECURITY DEPOSIT TO YOUR PROPERTY MANAGER IN ACCORDANCE WITH YOUR LEASE AGREEMENT.
20. DISCLAIMERS
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, OBLIGO AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
OBLIGO MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE OPERATION, AVAILABILITY, ACCURACY, RELIABILITY, OR PERFORMANCE OF THE OBLIGO PLATFORM, THE SERVICES, OR ANY OTHER SERVICES MADE AVAILABLE TO YOU. WITHOUT LIMITING THE FOREGOING, OBLIGO DOES NOT WARRANT AND SHALL NOT BE LIABLE FOR ANY (1) ERRORS, MISTAKES, OMISSIONS, OR INACCURACIES IN CONTENT OR DATA, (2) PERSONAL INJURY, PROPERTY DAMAGE, OR OTHER HARM RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) UNAUTHORIZED ACCESS TO OR USE OF OBLIGO’S SECURE SERVERS, SYSTEMS, AND/OR ANY INFORMATION STORED THEREIN, (4) INTERRUPTION, DELAY, FAILURE, OR MISROUTING OF TRANSMISSIONS TO OR FROM THE SERVICES, (5) BUGS, VIRUSES, TROJAN HORSES, MALWARE, OR OTHER HARMFUL CODE TRANSMITTED BY THIRD PARTIES, OR (6) LOSS OR DAMAGE INCURRED IN CONNECTION WITH THE USE OF, OR RELIANCE ON, ANY SERVICE, CONTENT, OR INFORMATION PROVIDED.
OBLIGO DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY THROUGH THE OBLIGO PLATFORM OR ANY LINKED WEBSITE, APPLICATION, OR ADVERTISEMENT. OBLIGO IS NOT AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTIES. YOU ARE SOLELY RESPONSIBLE FOR EVALUATING SUCH THIRD-PARTY OFFERINGS AND SHOULD USE YOUR BEST JUDGMENT AND EXERCISE APPROPRIATE CAUTION.
21. LIMITATIONS OF LIABILITY
IN NO EVENT SHALL OBLIGO OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS OR USE OF THE OBLIGO PLATFORM AND/OR SERVICES, EVEN IF OBLIGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY, OBLIGO’S TOTAL LIABILITY TO YOU FOR ANY AND ALL CLAIMS, LOSSES, OR DAMAGES, WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO OBLIGO FOR THE SERVICES, IF ANY, DURING THE 12 MONTHS IMMEDIATELY PRIOR TO ANY CAUSE OF ACTION ARISING.
CERTAIN STATE LAWS DO NOT ALLOW THE LIMITATION OF CERTAIN DAMAGES. IF SUCH LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
22. INDEMNITY
You agree to defend, indemnify, and hold harmless Obligo, its subsidiaries, and affiliates, and their respective officers, directors, employees, agents, and partners from and against any and all losses, damages, liabilities, claims, demands, and expenses, including reasonable attorneys’ fees, arising out of third-party complaints related to: (1) your use of the Services, (2) your breach of these Terms, including the representations or warranties set forth above. Obligo will use reasonable efforts to notify you of any claim, action, or proceeding that is subject to this indemnification upon becoming aware of it.
23. MISCELLANEOUS
A. Entire Agreement. These Terms, along with the information presented to you and/or any agreements accepted by you on the Obligo Platform, constitute the entire agreement between you and Obligo relating to the Obligo Platform and Services.
B. No Waiver. These Terms operate to the fullest extent permitted by law. Obligo’s failure to enforce any provision of these Terms shall not constitute a waiver to the exercise or enforcement of any rights.
C. Severability. If any provision or part of these Terms is determined to be unlawful, void, or unenforceable, that provision or part shall be severed from these Terms and will not affect the validity and enforceability of the remaining provisions.
D. Interpretation. Section titles are for convenience only and have no legal effect. These Terms shall not be construed against Obligo as the drafter.
E. Assignment. You may not assign these Terms without Obligo’s express written consent. Obligo may assign any or all of its rights and obligations at any time.
F. Force Majeure. Obligo shall not be liable for any failure or delay in the performance of its obligations under these Terms to the extent such failure or delay is caused by events beyond its reasonable control, including but not limited to natural disasters, fires, epidemics or pandemics, war, terrorism, or civil unrest, labor disputes or strikes, governmental actions, orders, or regulations, interruptions or failures of telecommunications or internet services, failures of delays of third-party service providers (including payment service providers, banking partners, or data service providers), or any other similar circumstances beyond Obligo's reasonable control. Obligo will use commercially reasonable efforts to resume performance as soon as practicable under the circumstances.
G. Compliance and Verification. Upon Obligo’s request, you agree to provide documentation or confirmations necessary to verify your compliance with these Terms or to prevent fraud, ensure security of the Obligo Platform, or comply with applicable law.
24. NOTICES
Unless expressly stated otherwise, notices to Obligo must be sent by email or by certified mail to the respective addresses listed below. Notices to you will be sent to the email address associated with your account at the time the notice is provided or by mail to the Rental Property. Notices are deemed delivered 24 hours after the email is sent, unless the sender receives notice that the email address is invalid, upon receipt of certified mail, or 3 days after sending for regular mail.
CONTACT US
If you have any questions about these Terms, please contact support@myobligo.com.
If you wish to provide legal notice to Obligo, please contact us:
By Email: legal@myobligo.com
By Mail:
Obligo Inc.
900 Broadway, 5th Floor
New York, New York 10003
California residents with unresolved complaints may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 "R" Street, Sacramento, California 95814 or by telephone at 1-916-445-1254.
21 Updated: September 8, 2026
SPECIFIC PROVISION FOR FLORIDA RESIDENTS
This section applies solely to Florida residents who enter into or renew Lease Agreements on or after July 1, 2023, and is intended to comply with Florida Statutes § 83.491. In the event of any conflict between this section and the rest of the Terms, this section controls with respect to Florida residents.
1. PARTICIPATION IN THE BILLING AUTHORIZATION SERVICE
Your Property Manager has partnered with Obligo to offer you the option of enrolling in the Billing Authorization Service instead of paying the Security Deposit otherwise required under your Lease Agreement. If you elect to participate, you agree to pay Obligo the applicable non-refundable Service Fee(s) disclosed to you on the Obligo Platform in connection with your selection of an Obligo Plan. Although enrollment in the Billing Authorization Service secures your occupancy to the Rental Unit, any Service Fee(s) paid is not a Security Deposit and is charged solely for participation in the Billing Authorization Service.
Obligo will not increase Service Fee(s) during the Initial Term absent an error or modification related to your Lease Agreement, but may make adjustments at renewal or entry into a new Lease Agreement. Any such Service Fee increase shall only be effective with your consent.
2. PERMITTED CHARGES
Property Managers may submit Permitted Charges to Obligo for unpaid rent, fees, or other items permitted under the Lease Agreement including, but not limited to, costs required for repairing damages beyond normal wear and tear. You are responsible for paying all such Permitted Charges in accordance with these Terms.
Obligo requires Property Managers to submit charges to Obligo within 30 days of the conclusion of the tenancy. You have the opportunity to dispute any charges with your Property Manager within 15 days of receiving notice of charges.
3. TERMINATION OF THE BILLING AUTHORIZATION SERVICE
You may terminate your participation in the Billing Authorization Service at any time by paying the Security Deposit amount stated in the Lease Agreement to your Property Manager in one lump sum or in monthly installments. If no Security Deposit was previously agreed upon, you must pay the amount of the Security Deposit offered to new renters for a substantially similar dwelling unit on the date of termination.
Obligo will not charge you for Service Fee(s) owed for the remainder of your Billing Authorization Term after it receives confirmation that you have paid a Security Deposit to your Property Manager. If you have any delinquent Service Fee payments outstanding upon termination, however, you may still owe them to Obligo. Obligo does not assess any additional fees for early termination of the Billing Authorization Service.
4. SERVICE FEE DEFAULT
If you fail to timely pay Service Fee(s) to Obligo, you will be deemed in default of these Terms. To cure the default, you must pay (1) all outstanding Service Fee(s) to Obligo or (2) the Security Deposit amount in the Lease Agreement to your Property Manager within the
timeframe specified in the Lease Agreement or within 30 days of your missed Service Fee payment, whichever is earlier. Your default under the Billing Authorization Service will not adversely affect your credit rating so long as the Security Deposit is paid within the applicable cure period. Notwithstanding anything in this section, in the event you do not pay the required Service Fee(s) to Obligo, Obligo reserves the right to pursue any methods of recovery or remediation available to it as set forth in Section 6 (Collections and Enforcement of Failed Payments) of these Terms.
DISCLAIMER FOR FLORIDA RESIDENTS - FEE IN LIEU OF SECURITY DEPOSIT
OBLIGO’S SERVICE FEE(S) IS NOT A SECURITY DEPOSIT AND PAYMENT OF SERVICE FEE(S) DOES NOT ABSOLVE YOU OF ANY OBLIGATIONS UNDER THE LEASE AGREEMENT, INCLUDING THE OBLIGATION TO PAY RENT AS IT BECOMES DUE AND ANY COSTS AND DAMAGES BEYOND NORMAL WEAR AND TEAR WHICH YOU OR YOUR GUESTS MAY CAUSE.
YOU MAY TERMINATE THESE TERMS AT ANY TIME AND STOP PAYING THE SERVICE FEE AND INSTEAD PAY THE SECURITY DEPOSIT AS PROVIDED IN SECTION 83.491, FLORIDA STATUTES.
THESE TERMS HAVE BEEN ENTERED INTO VOLUNTARILY BY BOTH PARTIES AND YOU AGREE TO PAY OBLIGO, AS AGENT OF THE PROPERTY MANAGER FOR THIS SPECIFIC AND LIMITED PURPOSE, A FEE IN LIEU OF A SECURITY DEPOSIT AS AUTHORIZED UNDER SECTION 83.491, FLORIDA STATUTES. IF THE PROPERTY MANAGER OR OBLIGO USE ANY PORTION OF YOUR FEE TO PURCHASE INSURANCE, YOU ARE NOT INSURED AND YOU ARE NOT A BENEFICIARY OF SUCH COVERAGE, AND THE INSURANCE DOES NOT CHANGE YOUR FINANCIAL OBLIGATIONS UNDER THE LEASE AGREEMENT.
THIS DISCLOSURE IS BASIC. PLEASE REFER TO PART II OF CHAPTER 83, FLORIDA STATUTES, TO DETERMINE YOUR LEGAL RIGHTS AND OBLIGATIONS.