PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THE NESTUS APPLICATION, WEBSITE, OR ANY RELATED SERVICES (COLLECTIVELY, THE "SERVICE"), YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE ("TERMS"). IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE THE SERVICE.
These Terms constitute a legally binding agreement between you ("User," "you," or "your") and NestUS, Inc. ("NestUS," "Company," "we," "us," or "our"). These Terms govern your access to and use of the Service, including any content, features, and functionality offered through the Service.
NestUS is a technology platform that facilitates connections between verified college and university students for the purpose of finding compatible housing arrangements, roommates, and living situations. NestUS partners with verified housing providers ("Housing Partners") to present available listings to users. NestUS is not a landlord, property manager, real estate broker, housing provider, or party to any lease, rental agreement, or housing transaction between users and Housing Partners or between users themselves.
1. Acceptance of Terms
By creating a NestUS account, accessing, or using our Service in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and our Community Guidelines, all of which are incorporated herein by reference. We reserve the right to modify these Terms at any time. Your continued use of the Service after any such changes constitutes your acceptance of the revised Terms.
2. Eligibility
You must be at least 18 years of age to create an account and use the Service. By using the Service, you represent and warrant that you are at least 18 years old, are currently enrolled at an accredited college or university, are legally capable of entering into a binding contract, and are not prohibited from using the Service under any applicable law. NestUS reserves the right to request additional proof of enrollment or age at any time and to terminate your account if you are found to be ineligible.
3. Student Verification
NestUS requires all users to verify their student status by confirming access to a valid institutional email address (e.g., a .edu email) issued by their college or university. This verification confirms only that the user has access to an active student email account at the institution they claim to attend. You acknowledge and agree that this verification:
(a) Confirms only that the user possesses a valid student email address at the claimed institution at the time of verification;
(b) Does not constitute a comprehensive identity verification, background check, character reference, or endorsement of any user by NestUS or by the user's institution;
(c) Does not verify the user's name, age, photograph, biographical details, enrollment status on an ongoing basis, academic standing, disciplinary history, criminal history, financial standing, or any other personal information beyond email access;
(d) Does not guarantee that the user is who they claim to be, that the user's profile information is accurate or truthful, or that the user will behave lawfully or appropriately;
(e) May not reflect changes in the user's enrollment status that occur after the initial verification, including but not limited to suspension, expulsion, withdrawal, or graduation;
(f) Does not create any duty, obligation, or guarantee of safety on the part of NestUS.
NESTUS DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS, SEX OFFENDER REGISTRY CHECKS, CREDIT CHECKS, EVICTION HISTORY CHECKS, OR ANY OTHER SCREENING BEYOND STUDENT EMAIL VERIFICATION. YOU ARE SOLELY RESPONSIBLE FOR EVALUATING THE SUITABILITY AND TRUSTWORTHINESS OF ANY USER YOU INTERACT WITH THROUGH THE SERVICE.
4. Your Account and Content
You are solely responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You agree to provide accurate, current, and complete information during registration and to update such information as necessary. You are solely responsible and liable for all content that you upload, post, or transmit through the Service ("Your Content"), and you agree to indemnify, defend, release, and hold NestUS harmless from any claims made in connection with Your Content.
By posting Your Content on the Service, you grant NestUS a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in connection with operating and providing the Service.
5. User Conduct and Prohibited Activities
You are solely responsible for your conduct on and off the Service, and for all interactions with other users, Housing Partners, and any third parties. NestUS is not responsible for the behavior, actions, or inactions of any user, Housing Partner, or third party, whether on or off the platform. You agree that you will not:
(a) Use the Service for any unlawful purpose, including but not limited to harassment, stalking, fraud, impersonation, discrimination, or any activity that violates local, state, national, or international law;
(b) Misrepresent your identity, student status, enrollment, age, or affiliations with any person or entity;
(c) Post content that is defamatory, obscene, abusive, threatening, discriminatory, or otherwise objectionable;
(d) Solicit money, passwords, personal information, or commercial services from other users;
(e) Use the Service to distribute spam, malware, or other harmful code;
(f) Engage in any activity that could damage, disable, or impair the Service;
(g) Attempt to gain unauthorized access to any accounts, systems, or networks connected to the Service;
(h) Use any automated means, including bots, scrapers, or crawlers, to access or interact with the Service;
(i) Sublease, sublet, or otherwise transfer any housing arrangement obtained through the Service in violation of applicable lease terms or law;
(j) Use the Service for any purpose other than seeking or offering student housing and roommate matching.
6. Verified Housing Partners
NestUS partners with select housing providers, property managers, landlords, and residential communities ("Housing Partners") to present available housing listings to users through the Service. NestUS's verification of Housing Partners confirms only that NestUS has entered into a business relationship with the Housing Partner and that the Housing Partner has agreed to NestUS's partner terms at the time of onboarding.
You acknowledge and agree that:
(a) NestUS is not a landlord, property manager, real estate agent, broker, or housing provider. NestUS does not own, manage, maintain, or control any housing listed on the Service;
(b) NestUS's partnership with a Housing Partner does not constitute an endorsement, guarantee, or warranty of the quality, safety, legality, habitability, condition, or suitability of any housing listing, unit, property, or accommodation;
(c) NestUS does not inspect, audit, or verify the physical condition of any housing property, compliance with building codes, health and safety standards, ADA requirements, fire codes, zoning laws, fair housing laws, or any other regulatory requirements;
(d) NestUS is not a party to any lease agreement, rental contract, sublease, or any other housing arrangement between you and any Housing Partner or between you and any other user. Any agreement you enter into with a Housing Partner or another user is solely between you and that party;
(e) NestUS is not responsible for and expressly disclaims any liability arising from the acts, omissions, negligence, misconduct, fraud, breach of contract, or violations of law by any Housing Partner, including but not limited to issues related to property condition, maintenance, repairs, security, habitability, discrimination, lease disputes, security deposit disputes, eviction proceedings, utility services, pest infestations, mold, or any other housing-related matter;
(f) NestUS does not guarantee the availability, accuracy, or completeness of any housing listing, including pricing, amenities, availability dates, photographs, descriptions, or lease terms;
(g) A Housing Partner's verified status may be revoked at any time at NestUS's sole discretion, and such revocation does not create any liability or obligation on the part of NestUS to users who have entered into agreements with that Housing Partner;
(h) You are solely responsible for conducting your own due diligence before entering into any housing arrangement, including but not limited to visiting the property in person, reviewing the full lease or rental agreement, researching the Housing Partner's reputation, and confirming compliance with local laws and regulations.
NESTUS EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY CLAIMS, LOSSES, DAMAGES, COSTS, OR EXPENSES ARISING FROM OR RELATED TO ANY HOUSING LISTING, HOUSING ARRANGEMENT, LEASE AGREEMENT, PROPERTY CONDITION, OR INTERACTION WITH ANY HOUSING PARTNER, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE.
7. Assumption of Risk
YOU ACKNOWLEDGE THAT THE USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO COMMUNICATING WITH, MEETING, OR OTHERWISE INTERACTING WITH OTHER USERS OR HOUSING PARTNERS, ENTERING INTO HOUSING ARRANGEMENTS, OR COHABITATING WITH OTHER USERS, CARRIES INHERENT RISKS. THESE RISKS INCLUDE, WITHOUT LIMITATION, THE RISK OF BODILY HARM, EMOTIONAL DISTRESS, PROPERTY DAMAGE, PROPERTY THEFT, FINANCIAL LOSS, IDENTITY THEFT, FRAUD, HARASSMENT, ASSAULT, UNINHABITABLE LIVING CONDITIONS, LEASE DISPUTES, ROOMMATE CONFLICTS, OR DEATH.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU KNOWINGLY, VOLUNTARILY, AND FREELY ASSUME ALL RISKS, BOTH KNOWN AND UNKNOWN, OF USING THE SERVICE, INTERACTING WITH OTHER USERS, INTERACTING WITH HOUSING PARTNERS, AND ENTERING INTO ANY HOUSING ARRANGEMENT FACILITATED THROUGH THE SERVICE, EVEN IF THOSE RISKS ARISE FROM THE NEGLIGENCE OR CARELESSNESS OF NESTUS OR OTHERS, AND YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SERVICE AND ANY INTERACTIONS OR TRANSACTIONS THAT RESULT FROM IT.
You understand that NestUS is a technology platform that facilitates connections between verified students and verified Housing Partners. NestUS is not a party to any interaction, meeting, relationship, housing arrangement, lease, or transaction between users or between users and Housing Partners. You agree that you are solely responsible for your interactions and that NestUS has no obligation to become involved in any dispute between users, between you and a Housing Partner, or between you and any third party.
8. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
NestUS does not warrant that the Service will be uninterrupted, secure, error-free, or free of viruses or other harmful components. NestUS does not warrant the accuracy, completeness, or reliability of any content, information, or materials provided through the Service, including any user profiles, user-generated content, or housing listings.
NestUS does not guarantee any specific results from the use of the Service, including but not limited to the number or quality of matches, connections, or available housing listings. NestUS makes no warranty regarding the compatibility or suitability of any user, roommate match, or housing arrangement. NestUS makes no warranty regarding the safety, habitability, legality, or condition of any property listed by a Housing Partner.
NestUS's verification of student email addresses and partnership status of Housing Partners does not constitute a warranty of any kind regarding any user, Housing Partner, or housing listing.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. In such cases, the exclusions will apply to the maximum extent permitted by applicable law.
9. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL NESTUS, ITS PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS (COLLECTIVELY, THE "NESTUS PARTIES") BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, FIXED, OR ENHANCED DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH:
(i) Your access to or use of, or inability to access or use, the Service;
(ii) The conduct, actions, or content of any user, Housing Partner, or third party on, through, or in connection with the Service, including but not limited to any defamatory, offensive, fraudulent, illegal, or negligent conduct;
(iii) Any housing listing, housing arrangement, lease agreement, or property condition;
(iv) Any content obtained from or through the Service;
(v) Any unauthorized access to, use of, or alteration of your transmissions, data, or content;
(vi) Any interaction between you and any other user or Housing Partner, whether online or in person, including but not limited to any personal injury, emotional distress, property damage, financial loss, or death resulting from such interactions;
(vii) Any failure, inaccuracy, or delay in the student verification process;
(viii) Any act, omission, negligence, fraud, misconduct, or breach of contract by any Housing Partner;
(ix) Any roommate conflict, dispute, or incompatibility;
(x) Any other matter related to the Service.
THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF THE NESTUS PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE NESTUS PARTIES' AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS ($100.00 USD) OR (B) THE TOTAL AMOUNT PAID BY YOU TO NESTUS FOR THE SERVICE DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THAT YOU FIRST FILE A LAWSUIT, ARBITRATION, OR ANY OTHER LEGAL PROCEEDING AGAINST NESTUS.
The limitation of liability provisions set forth in this Section shall apply even if your remedies under these Terms fail with respect to their essential purpose.
10. Release of Claims
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY RELEASE, HOLD HARMLESS, AND PROMISE NOT TO SUE THE NESTUS PARTIES FOR ANY CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES (WHETHER ECONOMIC OR NON-ECONOMIC), DAMAGES, EXPENSES, COSTS, OR LIABILITY OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, ARISING FROM OR IN CONNECTION WITH:
(a) Your use of the Service;
(b) Your interactions with other users, whether online or in person;
(c) Your interactions with any Housing Partner;
(d) Any housing arrangement, lease, rental agreement, or cohabitation arrangement entered into through or facilitated by the Service;
(e) Any dispute between you and another user, including roommate disputes;
(f) Any dispute between you and a Housing Partner, including lease disputes, security deposit disputes, maintenance issues, habitability complaints, or eviction proceedings;
(g) Any act, omission, or conduct of any user or Housing Partner, including but not limited to harassment, assault, battery, defamation, fraud, misrepresentation, theft, property damage, emotional distress, discrimination, or wrongful death;
(h) Any property condition, including but not limited to structural defects, pest infestations, mold, lead paint, utility failures, fire hazards, security deficiencies, or code violations;
(i) Any content posted or transmitted by any user or Housing Partner through the Service;
(j) Any inaccuracy in the student verification process or any misrepresentation by a user regarding their student status.
THIS RELEASE APPLIES WHETHER THE CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE NESTUS PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS.
If you are a California resident, you hereby waive California Civil Code Section 1542, which provides: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." You hereby waive this section and any similar provision under applicable law.
11. Indemnification
To the maximum extent permitted by applicable law, you agree to release, defend (at NestUS's option), indemnify, and hold the NestUS Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:
(a) Your breach of these Terms, our Privacy Policy, Community Guidelines, or any other applicable policies or standards;
(b) Your use or misuse of the Service;
(c) Your Content;
(d) Your interaction with any other user or Housing Partner, including but not limited to any injuries, losses, or damages (whether compensatory, direct, incidental, consequential, or otherwise) of any kind arising in connection with or as a result of such interaction;
(e) Any housing arrangement, lease, or cohabitation you enter into through or in connection with the Service;
(f) Your violation of any applicable law, regulation, or third-party rights;
(g) Any misrepresentation made by you, including misrepresentation of your student status, identity, or personal information.
You agree to indemnify and hold the NestUS Parties harmless from and against any of the aforementioned claims, liabilities, damages, losses, and expenses, regardless of NestUS's responsibility for negligence and howsoever the same may be caused.
12. Safety Disclaimer
NestUS is not responsible for the actions of its users or Housing Partners, whether on or off the Service. You agree to exercise caution, common sense, and good judgment in all interactions with other users and Housing Partners. NestUS does not guarantee the safety of any user, any in-person meeting, or any housing arrangement facilitated through the Service.
NestUS's student email verification process is designed solely to confirm institutional email access. It is not a safety measure and should not be relied upon as an indicator of a user's character, trustworthiness, or intentions. Similarly, NestUS's verification of Housing Partners is a business relationship indicator only and is not a guarantee of property safety, quality, or legal compliance.
You acknowledge that NestUS does not provide personal safety features such as emergency response services, background screenings, credit checks, eviction history checks, or real-time location monitoring as a substitute for your own safety precautions.
You are strongly encouraged to: visit any property in person before signing a lease, meet potential roommates in public places before committing to a housing arrangement, inform a friend or family member of your plans, read the full lease agreement carefully before signing, research the Housing Partner independently, refrain from sharing excessive personal or financial information with other users, and trust your instincts if a situation feels unsafe.
13. Third-Party Services and Content
The Service may contain links to, or integrations with, third-party websites, services, or content that are not owned or controlled by NestUS. NestUS has no control over, and assumes no responsibility for, the content, privacy policies, terms of service, or practices of any third-party websites or services. NestUS is not responsible or liable for any damage, loss, or harm arising from your use of, reliance on, or interaction with any third-party content, services, or websites.
14. Dispute Resolution and Mandatory Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.
You and NestUS agree that any dispute, claim, or controversy arising out of or relating to these Terms, your use of the Service, any housing arrangement, or any interaction with other users or Housing Partners (collectively, "Disputes") will be resolved exclusively through final and binding individual arbitration, rather than in court, except that either party may bring individual claims in small claims court if the claims qualify.
14.1 Pre-Arbitration Dispute Resolution
Before initiating arbitration, you agree to first attempt to resolve any Dispute informally by contacting NestUS at legal@nestus.app with a written description of your claim. NestUS will attempt to resolve the Dispute informally within sixty (60) days. If the Dispute is not resolved within this period, either party may initiate arbitration.
14.2 Arbitration Procedures
Any arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, except as modified by these Terms. The arbitration will be conducted by a single arbitrator. The arbitration will be held in the county where you reside, or at another mutually agreed-upon location, or via telephone or video conference if permitted by the arbitrator.
14.3 Arbitration Fees
NestUS will pay all arbitration filing fees, administrative costs, and arbitrator fees for claims under $10,000 USD, unless the arbitrator finds the claim to be frivolous. If you prevail in arbitration, NestUS will reimburse you for any fees paid. Each party shall bear their own attorney fees unless the arbitrator awards otherwise.
15. Class Action and Jury Trial Waiver
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND NESTUS EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING.
All Disputes between you and NestUS shall be resolved on an individual basis only. You may not bring any Dispute as a class, consolidated, representative, collective, or private attorney general action, and you may not participate in any such action brought by another user. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of representative or class proceeding.
If this class action waiver is found to be unenforceable as to a particular claim or request for relief, then that claim or request for relief shall be severed and adjudicated in a court of competent jurisdiction, while the remaining claims or requests for relief shall remain subject to individual arbitration.
16. Termination and Account Suspension
NestUS reserves the right to investigate and, if appropriate, suspend or terminate your account without a refund if NestUS believes, in its sole discretion, that you have violated these Terms, misused the Service, or behaved in a way that NestUS regards as inappropriate, harmful, or unlawful, whether on or off the Service. NestUS may terminate your account at any time without notice, and this includes termination across all NestUS-operated platforms and affiliated services.
All purchases made through the Service are final and nonrefundable. There are no refunds or credits for partially used subscription periods. Upon termination, your right to use the Service will immediately cease, but Sections 7 through 15, 17, and 18 of these Terms shall survive termination.
17. Governing Law and Venue
These Terms shall be governed by and construed in accordance with the laws of the State of Florida, United States of America, without regard to its conflict-of-law provisions. For any claims not subject to arbitration, you and NestUS consent to the exclusive jurisdiction of the state and federal courts located in Orange County, Florida, and you agree to submit to the personal jurisdiction of such courts.
18. General Provisions
18.1 Entire Agreement
These Terms, together with the Privacy Policy and Community Guidelines, constitute the entire agreement between you and NestUS regarding the Service and supersede all prior agreements, representations, and understandings.
18.2 Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The invalid, illegal, or unenforceable provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving its original intent.
18.3 Waiver
The failure of NestUS to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of NestUS.
18.4 Assignment
NestUS may assign these Terms and any rights and obligations hereunder, in whole or in part, to any party at any time without notice to you. You may not assign or transfer these Terms or any rights hereunder without the prior written consent of NestUS.
18.5 Force Majeure
NestUS shall not be liable for any failure or delay in performing its obligations under these Terms due to events beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, terrorism, government action, power failures, internet disruptions, or cyberattacks.
18.6 Contact Information
If you have any questions about these Terms, please contact us at:
NestUS, Inc.
Email: legal@nestus.app
BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS, TOGETHER WITH THE PRIVACY POLICY AND COMMUNITY GUIDELINES, REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND NESTUS AND THAT THEY SUPERSEDE ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND NESTUS RELATING TO THE SERVICE.
