Subly
Terms of Service
Last updated: Sep 6, 2024
Welcome to Subly LLC (“Subly”, “Platform”, “We”, “Us”, “Our”), a marketplace platform that connects tenants and leaseholders for subletting purposes. These Terms of Service (“Agreement”) govern your use of the Subly application and services. By accessing or using our Platform, You (“End-User”, “User”) agree to comply with and be bound by these terms. If you do not agree to these terms, please discontinue using the Platform.
1. Acceptance of Terms
By creating an account, listing an apartment, or using Subly in any capacity, You acknowledge that You have read, understood, and agree to comply with this Agreement. Your continued use of the Platform signifies your acceptance of these Terms.
2. Scope of Service
Subly is a user-generated content platform that facilitates communication between users for the purpose of listing and browsing sublets. Subly does not own or manage any properties listed on the Platform, nor do we act as an agent or intermediary in sublease agreements. We merely provide a digital space where leaseholders and tenants can interact and communicate.
Subly is not responsible for the quality, condition, legality, or accuracy of the listings posted by users. We do not verify the legitimacy of videos, images, or descriptions provided in listings, nor do we ensure the legality of any sublet agreement.
3. User Responsibilities
Users are responsible for the content they post, the subleases they engage in, and any communication that occurs on the Platform. By using Subly, You agree to the following:
• Accurate Information: You must provide accurate, current, and complete information when creating an account, posting a listing, or engaging with other users. Any false or misleading information provided may result in the suspension or termination of your account.
• Due Diligence: Subly does not conduct background checks or verify the identity, criminal history, or creditworthiness of users. It is your sole responsibility to conduct your own background checks, including reviewing social media profiles and using other due diligence methods. You are encouraged to meet other users in public, safe places and notify a friend or family member of your whereabouts.
• Compliance with Subletting Laws: You are solely responsible for ensuring that your sublet complies with all local, state, and federal laws, including New York City subletting laws. This includes:
• Informing your landlord or building management in writing, as required by law.
• Complying with rent stabilization and rent control laws that limit how much you can charge for subletting.
• Ensuring the sublease adheres to the terms of your lease agreement, including obtaining landlord permission when required.
4. User-Generated Content
As a user-generated content platform, Subly allows users to post listings, communicate via messaging, and upload media such as videos and photos related to apartment sublets. By using the Platform, You acknowledge the following:
• No Verification of Listings: Subly does not verify or endorse the accuracy, legality, or quality of any listings or media posted on the Platform. Subly is not responsible for ensuring that the apartments listed comply with the videos, descriptions, or terms provided by users.
• No Responsibility for Disputes: Subly is not responsible for resolving disputes between users. This includes, but is not limited to, disputes regarding rent collection, apartment condition, sublet terms, or the timeline of the lease. Users must resolve such disputes independently and, if necessary, through legal means.
• User Liability: You, as the user, are solely responsible for the content you post and the transactions you enter into. You agree not to post false, misleading, or illegal content and acknowledge that any violation of these terms may result in the suspension or termination of your account.
5. License to Use
Subly grants You a limited, non-exclusive, non-transferable, and non-sublicensable license to access and use the Platform in accordance with these Terms. You agree not to:
• Modify, reverse-engineer, or otherwise interfere with the Platform’s software.
• Sell, rent, lease, or redistribute the Platform or its contents to third parties.
• Use the Platform in any way that violates applicable laws or infringes on the rights of others.
6. Listings and Content
• Posting Eligibility: Only users with the legal right to sublet a property may create a listing on the Platform. By creating a listing, you represent and warrant that you have the authority to sublet the property in accordance with local laws and your lease agreement.
• Content Accuracy: Users are responsible for the accuracy of all content in their listings, including photos, videos, descriptions, and rental terms. Subly reserves the right to remove any content that is misleading, illegal, or violates this Agreement.
• No Verification of Apartment Conditions: Subly does not verify the condition or legality of any apartment listed on the Platform. It is the responsibility of the user to ensure the content provided (e.g., videos, descriptions) accurately reflects the apartment’s actual condition.
7. Personal Safety and Apartment Tours
Subly is not responsible for the personal safety of users during apartment tours, meetings, or any in-person interactions. You are encouraged to:
• Take appropriate safety precautions when meeting other users, such as meeting in well-lit, public places.
• Notify a trusted individual of your location during meetings.
• Conduct your own background checks on the leaseholder or tenant before scheduling an apartment tour. This includes checking social media profiles, verifying lease agreements, and ensuring compliance with building management rules.
8. Compliance with NYC Sublet Laws
Subly is not responsible for ensuring that sublets comply with New York City’s subletting laws. It is the responsibility of leaseholders and tenants to ensure compliance with all relevant legal requirements, including:
• Landlord Approval: Users must obtain written consent from their landlord or building management before subletting. Failure to obtain consent may result in eviction.
• Rent Overcharges: Users must not charge more than the legal rent for subletting, unless permitted by rent stabilization laws. Any overcharges could lead to legal liability, including treble damages (triple the overcharge amount) .
• Short-Term Sublets: Short-term sublets (less than 30 days) are generally illegal unless the user resides in the apartment during the sublease period .
• Tenant and Subtenant Liability: Subtenants have the same rights and responsibilities as tenants, but illegal subletting can result in eviction of both the tenant and subtenant .
9. Fees and Payments
Subly may charge fees for listing properties or accessing premium features. Users will be notified of any fees before they are charged. All fees are non-refundable unless otherwise stated.
10. Limitation of Liability
• No Guarantees: Subly does not guarantee the quality, legality, or accuracy of any listings, content, or user interactions on the Platform. We will not be liable for any disputes, damages, or losses arising from subletting agreements or interactions facilitated through the Platform.
• Liability Waiver: Subly will not be held responsible for any direct, indirect, incidental, or consequential damages, including personal injury, property damage, or financial loss, resulting from your use of the Platform or any sublet agreements made through the Platform.
11. Termination
We reserve the right to suspend or terminate your account at any time if you violate these Terms or engage in prohibited conduct. You may also request to deactivate your account at any time.
12. Governing Law
This Agreement is governed by the laws of the State of New York. Any disputes arising out of or related to this Agreement must be resolved in the courts located in Albany, New York.
13. Contact Information
For any questions or concerns regarding these Terms, please contact us at:
Subly LLC
418 Broadway, STE N
Albany, NY 12207
