Terms of Use
This application programing interface license agreement (“API License”) governs your use of the RentCast application programing interface (“RentCast API”), created and maintained by Fortnoff Financial LLC (“We”, “Us” or “Our”), and the data delivered by the RentCast API (the “API Data”).
All calls to the RentCast API must reference the API key (“API Key”). You may obtain your API Key through the RentCast API dashboard portal on a self-serve basis, which you may then use to access the RentCast API. The API Key is uniquely created for you, and you must treat the API Key as confidential information and shall not assign, transfer, delegate, or sell it to any third party. Furthermore, by obtaining an API Key, you hereby agree to not share the API Key with any third party, including without limitation subsidiaries, affiliates and partner organizations. Any third party must obtain its own API Key through the RentCast API dashboard portal.
By obtaining your API Key, using the RentCast API, or the API Data, you agree to be bound by the terms and conditions contained herein. If you do not agree to the terms of this API License, you should immediately cease the use of the RentCast API and the API Data.
1. API License Grant
The RentCast API and the API Data is licensed, and not sold, to you by Us for use strictly in accordance with the terms and conditions of this API License and any usage rules or terms of use established by any other third parties, such as Google Inc., Stripe, Inc., or other vendors. We grant you a revocable, non-exclusive, non-transferable, limited right to use the RentCast API and use and/or store the API Data (i) to create derivative works that incorporate the RentCast API and/or the API Data within your internal systems necessary to perform permitted uses; (ii) for internal research, reference, and quality control; (iii) for lawful direct marketing purposes; (iv) for sublicensure, disclosure, display, resale and distribution of the API Data in transactional format to any third party for up to five thousand (5,000) single, specified parcels of real property per day; and (v) to incorporate and store the API Data within your internal systems as necessary to perform the permitted uses listed above.
2. Restrictions on Use
You shall use the RentCast API and the API Data strictly in accordance with the terms of this API License and shall not (i) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the RentCast API; (ii) sublicense, disclose, display, resale or distribute the API Data in bulk format to any third party for more than five thousand (5,000) single, specified parcels of real property per day; (iii) violate any applicable laws, rules, or regulations in connection with your access or use of the RentCast API or the API Data, including without limitation, use for marketing or solicitation purposes in any state or jurisdiction prohibiting the use of public information for such purposes and where and how such use is otherwise prohibited regardless of data source; (iv) allow, or fail to prevent, unauthorized parties via any of your applications, infrastructure, or portals that utilize the RentCast API or that display the API Data, in whole or in part, to scrape or otherwise unlawfully obtain the API Data; (v) use the RentCast API or the API Data to send automated queries to any website or to send any unsolicited commercial e-mail; (vi) use any proprietary information, interfaces or intellectual property obtained from Us in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the RentCast API; (vii) place an unreasonable load on Our infrastructure or systems, even if otherwise a permitted use; or (viii) circumvent any security features used to prevent or restrict access to or use the RentCast API.
We may, at Our sole discretion, restrict or limit access the number or frequency of calls to the RentCast API, and you agree to these limitations and to not attempt to circumvent these limitations. We may suspend or throttle access to the RentCast API and/or delivery of the API Data when We believe the number or frequency of calls to the RentCast API exceeds the limitations We set, and you agree to such suspension and/or throttling and to not attempt to circumvent such suspension or throttling.
We shall have no liability whatsoever for any losses you might incur, including without limitation, loss of the API Data, loss of transactions, misdelivery or nondelivery of the API Data, or otherwise caused by system downtime, whether scheduled or unscheduled, as both planned and unplanned outages may occur caused by, including without limitation, planned or unplanned outages of Our servers, network, web host providers, and external networks and Internet services.
We reserve the right, at Our sole discretion, to modify or discontinue the RentCast API at any time, for any reason or no reason, with or without notice, and without liability to you.
3. Intellectual Property Rights
3.1 Rights to the RentCast API and the API Data
You acknowledge and agree that the RentCast API and the API Data, and all copyrights, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, Our property and/or the property of Our affiliates, licensors, and suppliers. Furthermore, you acknowledge and agree that the source and object code of the RentCast API and the format, directories, queries, algorithms, structure, and organization of the RentCast API are intellectual property, and proprietary and confidential information, owned by Us and/or Our affiliates, licensors, and suppliers. Except as expressly stated in this API License, you are not granted any intellectual property rights in or to the RentCast API or the API Data by implication, estoppel, or other legal theory, and all rights in and to the RentCast API and the API Data not expressly granted in this API License are hereby reserved and retained by Us and/or Our affiliates, licensors, and suppliers.
3.2 Third-Party Software
The RentCast API may utilize or include third-party software that is subject to open source or third-party license terms (“Third-Party Software”). You acknowledge and agree that your right to use such Third-Party Software as part of the RentCast API is subject to and governed by the terms and conditions of the open source or third-party license applicable to such Third-Party Software, including, without limitation, any applicable acknowledgments, license terms, and disclaimers contained therein. In the event of a conflict between the terms of this API License and the terms of such open source or third-party licenses, the terms of the open source or third-party license shall control with regard to your use of the relevant Third-Party Software. In no event shall the RentCast API or components thereof be deemed to be “open source” or “publicly available” software.
3.3 Third-Party Data
The API Data may utilize or include third-party data that is subject to open source or third-party license terms (“Third-Party Data”). You acknowledge and agree that your right to use such Third-Party Data as part of the RentCast API is subject to and governed by the terms and conditions of the open source or third-party license applicable to such Third-Party Data, including, without limitation, any applicable acknowledgments, license terms, and disclaimers contained therein. In the event of a conflict between the terms of this API License and the terms of such open source or third-party licenses, the terms of the open source or third-party license shall control with regard to your use of the relevant Third-Party Data. In no event shall the API Data or components thereof be deemed to be “open source” or “publicly available” data.
3.4 Our Marks
You are not authorized to use Our trademarks in any advertising, publicity, or in any other commercial manner without Our prior written consent, which may be withheld for any or no reason. Notwithstanding the foregoing, neither use of the RentCast API nor the API Data requires attribution or disclosure that the data originated from the RentCast API, however, you may include approved logos and branding provided by Us via Our website should you, at your sole discretion, wish to provide attribution or disclosure of the source of the data, and your use of Our trademarks via the approved logos and branding shall be limited to such attribution and disclosure.
3.5 Infringement Acknowledgment
You and We acknowledge and agree that, in the event of a third-party claim that the RentCast API and/or the API Data, or your possession or use of the RentCast API and/or the API Data, infringes any third-party’s intellectual property rights or that your use of the RentCast API and/or the API Data was not in compliance with applicable laws and/or regulations, you, and not Us, will be responsible for the investigation, defense, settlements, and discharge of any such claim of intellectual property infringement. You will, however, promptly notify Us in writing of any such claims.
4. Restriction on Transfer
You may not rent, lease, lend, sublicense (other than for derivative works that incorporate the RentCast API or the API Data within your internal systems necessary to perform permitted uses in compliance with Section 1 of this API License), or transfer the RentCast API, this API License, the API Data, or any of the rights granted hereunder. Any attempted transfer in contravention of this provision shall be null and void and of no force or effect.
5. Use of Information
5.1 Consent to Use Information
You hereby authorize and consent to the collection, storage, and use, by Us and Our affiliates, partners and agents, of any information and data related to or derived from your use of the RentCast API, and any information or data that you provide to Us and Our affiliates, partners and licensors (“Information”).
5.2 Privacy Policy
You represent that you shall comply with the terms and conditions of Our Privacy Policy, which sets forth and describes Our practices with respect to the collection, use, and disclosure of Information in connection with your use of the RentCast API. We reserve the right to change the provisions of Our Privacy Policy at any time and from time to time at Our sole discretion. We will post any changes to Our Privacy Policy on the Privacy Policy page. Your use of the RentCast API following the posting of such changes to the Privacy Policy will constitute your acceptance of any such changes.
6. Third-Party Content and Services
6.1 General
You acknowledge that the RentCast API permits access to, and the API Data may contain, products, services, web-sites, advertisements, promotions, recommendations, advice, information and materials created and provided by advertisers, publishers, content partners, marketing agents, vendors, and other third parties (“Third-Party Content and Services”).
6.2 Disclaimer
You acknowledge that We do not investigate, monitor, represent or endorse the Third-Party Content and Services (including any third-party websites available through the RentCast API or information contained within the API Data). Furthermore, your access to and use of the Third-Party Content and Services is at your sole discretion and risk and We and Our affiliates, partners, suppliers and licensors shall have no liability to you arising out of or in connection with your access to and use of the Third-Party Content and Services. We hereby disclaim any representation, warranty or guaranty regarding the Third-Party Content and Services, whether express, implied or statutory, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose, and any representation, warranty or guaranty regarding the availability, quality, reliability, features, appropriates, accuracy, completeness, or legality of the Third-Party Content and Services.
6.3 Third-Party Terms of Service
You acknowledge and agree that your access to and use of the Third-Party Content and Services and any correspondence of business dealings between you and any third party located using the RentCast API are governed by and require your acceptance of the terms of service of such third party, including, without limitation, any terms, privacy policies, conditions, representations, warranties or disclaimers contained therein. Furthermore, you acknowledge and agree that the Third-Party Content and Services and any related third-party terms of service are subject to change by the applicable third party at its sole discretion and without any notice. You assume all risks arising out of or resulting from your transaction of business over the Internet and with any third party, and you agree that We and Our affiliates, partners, suppliers and licensors are not responsible or liable for any loss or result of the presence of information about or links to such advertisers or service providers. Furthermore, you acknowledge and agree that you are not being granted a license to (i) the Third-Party Content and Services; (ii) any copyright, trademark, patent or other intellectual property right in the Third-Party Content or Services or any products, services, processes or technology described or offered therein.
6.4 Endorsements
You acknowledge and agree that the provision of access to any Third-Party Content and Services shall not constitute or imply any endorsement by Us or Our affiliates of such Third-Party Content and Services. We reserve the right to restrict or deny access to any Third-Party Content and Services otherwise accessible through the RentCast API or contained within the API Data, although We have no obligation to restrict or deny access even if requested by you.
6.5 Inappropriate Materials
You understand that by accessing and using the Third-Party Content and Services, you may encounter information, materials and subject matter (i) that you or others may deem offensive, indecent, or objectionable; (ii) which may or may not be identified as having explicit language; and (iii) that automatically and unintentionally appears in search results, as a link or reference to objectionable material. Notwithstanding the foregoing, you agree to use Third-Party Content and Services at your sole risk and that We and Our affiliates, partners, suppliers and licensors shall have no liability to you for information, material or subject matter that is found to be offensive, indecent, or objectionable.
7. Term and Termination
This API License shall be effective until terminated. We may, in Our sole and absolute discretion, at any time and for any or no reason, suspend or terminate this API License and the rights afforded to you hereunder with or without prior notice. Furthermore, if you fail to comply with any terms and conditions of this API License, then this API License and any rights afforded to you hereunder shall terminate automatically, without any notice or other action by Us. Upon the termination of this API License, you shall immediately cease all use of the RentCast API and the API Data.
8. Disclaimer of Warranties
8.1 General Disclaimer
You acknowledge and agree that the RentCast API and the API Data is provided on an “as is” and “as available” basis, and that your use of or reliance upon the RentCast API, the API Data, and any Third-Party Content and Services accessed thereby is at your sole risk and discretion. We and Our affiliates, partners, suppliers and licensors hereby disclaim any and all representations, warranties and guaranties regarding the RentCast API, the API Data, and Third-Party Content and Services, whether express, implied or statutory, and including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Furthermore, We and Our affiliates, partners, suppliers and licensors make no warranty that (i) the RentCast API, the API Data, or Third-Party Content and Services will meet your requirements; (ii) the RentCast API, the API Data, or Third-Party Content and Services will be uninterrupted, accurate, reliable, timely, secure or error-free, including any calculations performed by the RentCast API (although We may, but are not required to, notify affected users via in-app messages and/or email of outages, as well as when service is restored); (iii) the quality of the API Data or any other products, services, information, or other material accessed or obtained by you through the RentCast API will be as represented or meet your expectations; or (iv) any errors in the RentCast API, the API Data, or Third-Party Content and Services will be corrected. No advice or information, whether oral or written, obtained by you from Us or from the RentCast API or the API Data shall create any representation, warranty or guaranty. Furthermore, you acknowledge that We have no obligation to correct any errors or otherwise support or maintain the RentCast API or the API Data. We do not intend to provide any legal, financial, or investment advice. The RentCast API and/or the API Data may contain or deliver information on the current or prospective financial condition of real estate properties, but We caution that there are various important factors, including, without limitation, legislative and regulatory initiatives, political and economic conditions and developments, financial and real estate market conditions, the ability/inability to obtain financing, and interest rates and interest rate changes, that could cause actual results to differ materially from those indicated in the information delivered via the use of the RentCast API or the API Data. Accordingly, there can be no assurance that such indicated results will be realized. The RentCast API and the API Data also provides information based upon the input of data by the user and the RentCast API and the API Data does not provide for verification of due diligence regarding the information submitted by the user. Accordingly, there can be no assurance that such user provided information is accurate or that the indicated results based upon user input will be realized.
8.2 Reports Disclaimer
You acknowledge and agree that all property data reports created or provided by the RentCast API shall be subject to the following disclaimer whether the disclaimer is attached to the report or removed from the report as a part of the report formatting options provided through the RentCast API:
“Reports are provided solely for general business information purposes. No advisory, fiduciary or other relationship is created by any acceptance or use of Reports. The inclusion of Reports with any other materials does not constitute an endorsement by RentCast of any third party or any third-party’s products or services. The projected valuation, financial and investment return information, conclusions and other information contained in Reports are based upon tested methodologies for accuracy. However, such information and conclusions are not definitive forecasts, appraisals or opinions of valuations. All such information and conclusions are stated in terms of probability of likelihood based on market factors and information submitted to RentCast, and such information and conclusions are not guaranteed by RentCast and should not be construed as a certified appraisal or valuation, or investment advice. RentCast uses or has used public and/or confidential data and assumptions provided to RentCast by third parties, and RentCast has not independently verified the data and assumptions used in these analyses or data sets. Attributes for properties may be inaccurate because county assessor and property data records do not always include recent additions and/or modifications to property structures. Changes in the underlying data or operating assumptions, or any loss of access to any one or more sources will clearly impact the analyses, information and conclusions set forth in Reports.”
9. Limitation of Liability
Under no circumstances shall We or Our affiliates, partners, suppliers or licensors be liable for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with your access or use or inability to access or use the RentCast API, the API Data, and any Third-Party Content and Services, including, without limitation, damages incurred by relying upon the RentCast API or the API Data for regular business operations, functionality of applications or software, or when making real estate purchasing or investment decisions, whether or not the damages were foreseeable and whether or not We were advised of the possibility of such damages. Without limiting the generality of the foregoing, Our aggregate liability to you (whether under contract, tort, statute or otherwise) shall not exceed the amount of five hundred United States Dollars (US $500.00). The foregoing limitations will apply even if the above stated remedy fails to its essential purpose.
10. Indemnification
You shall indemnify, defend and hold harmless Us and Our affiliates, partners, suppliers and licensors, and each of Our and their respective officers, directors, agents and employees from and against any claim, proceeding, loss, damage, fine, penalty, interest and expense (including, without limitation, fees for attorneys and other professional advisors) arising out of or in connection with the following: (i) your access to or use of the RentCast API, the API Data, or Third-Party Content and Services; (ii) your breach of this API License; (iii) your violation of law; (iv) your negligence or willful misconduct; or (v) your violation of the rights of a third party, including the infringement by you of any intellectual property or misappropriation of any proprietary right or trade secret of any person or entity. These obligations will survive any termination of the API License.
11. Compatibility
We do not warrant that the RentCast API or the API Data will be compatible or interoperable with your device or any other piece of hardware, software, equipment or device installed on or used in connection with your device. Furthermore, you acknowledge that compatibility and interoperability problems can cause the performance of your device to diminish or fail completely, and may result in permanent damage to your device, loss of the data located on your device, and corruption of the software and files located on your device. You acknowledge and agree that We and Our affiliates, partners, suppliers and licensors shall have no liability to you for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.
12. Product Claims
You acknowledge that you (not Us) are responsible for addressing any third-party claims relating to your use or possession of the RentCast API or the API Data, and agree to notify Us of any third-party claims relating to the RentCast API or the API Data of which you become aware. Furthermore, you hereby release Us from any liability resulting from your use or possession of the RentCast API or the API Data, including, without limitation, the following: (i) any product liability claims; (ii) any claim that the RentCast API or the API Data fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation.
13. Subscriptions and Billing
13.1 Subscription Service
Access to the RentCast API requires an active, recurring, auto-renewing, paid subscription (“Subscription”). We reserve the right to (i) modify the features and services included in each Subscription; (ii) modify the recurring cost of each Subscription; and (iii) terminate any Subscription at any time, at Our sole discretion and with or without prior warning or notice.
13.2 Payment Authorization
Your provision of a payment source to Us or to third-party service(s) engaged by Us for the processing of payments (“Payment Processors”) and your activation of a Subscription shall act as your payment instruction and your authorization for Us or Our Payment Processors to charge against that payment source, on a recurring, going-forward basis, all applicable fees for the next Subscription period, until such time as you cancel your Subscription or your Subscription is terminated by Us. You also authorize Us and Our Payment Processors to credit your payment source if any payments will be returned to you (however all sales of Subscriptions are final and no refunds shall be given).
Any overage fees incurred for calls to the RentCast API exceeding those covered by your Subscription (“Overage Charges”) shall be billed either (i) at your next Subscription renewal date; (ii) immediately when cumulative Overage Charges for the current billing period reach or exceed one thousand United States Dollars (US $1,000.00); or (iii) immediately upon your request for termination of your Subscription.
13.3 Subscription Termination
All Subscriptions shall be auto-renewing in nature and will continue to be billed for additional monthly billing cycles on their renewal date (“Renewal Date”), until terminated by you or by Us. The Renewal Date is the date of your first successful payment for a Subscription (or the final day of any month if your Renewal Date does not correspond to an exact date in the then-current month). You may cancel or modify your Subscription at any time by (i) accessing your billing settings at https://app.rentcast.io/app/account/billing; or (ii) by contacting Us at support@rentcast.io. Any cancellations or changes made less than 24 hours prior to the Subscription Renewal Date will not be placed into effect until the next Renewal Date. No refunds of Subscription charges or Overage Charges shall be given in the event of any termination, cancellation, or change.
13.4 Payment Processing
You must have sufficient available funds in your payment account on the Renewal Date. If your payment account has insufficient funds, the payment may not be completed or your payment account may become overdrawn, in which case We shall have no liability for any fees, charges, or other penalties imposed by third parties. We shall terminate access to the RentCast API immediately for any Subscription having any amount then-currently due which is unpaid.
13.5 Taxes
Any fees and charges set forth by Us under this API License or collected as part of recurring Subscription payments do not include any applicable sales, use, gross receipts, value-added, GST or HST, personal property, or other taxes. You will be responsible for and pay, and We may, but are not required to, collect and withhold, all applicable taxes, duties, tariffs, assessments, export and import fees, or similar charges (including interest and penalties imposed thereon) on the transactions contemplated in connection with this API License.
13.6 Payment Refunds
All Subscription charges and Overage Charges shall be final and We shall not make any refunds of any such charges.
You shall be solely responsible for protecting your API Key and preventing that key from becoming leaked, compromised, or otherwise misused. You shall be liable for all Subscription charges and Overage Charges incurred for any calls to the RentCast API that reference your API Key, and no refunds of Subscription charges or Overage Charges shall be made by Us if your API Key is leaked or compromised, or if your applications, infrastructure, or portals are the target of a cyber attack or other breach, which results in excessive API calls or overages.
13.7 Disclosure of Payment Source Information
We may disclose payment source information to third parties as reasonably required (i) for completing payments, or to resolve a problem related to a payment; (ii) to verify the condition and existence of your account for a third party, such as a credit bureau or merchant; (iii) to persons authorized by law in the course of their official duties; (iv) to a consumer reporting agency as defined by applicable law; (v) to comply with a government agency or court order, such as a lawful subpoena; (vi) to Our employees, auditors, service providers, attorneys or collection agents in the course of their duties; or (vii) as otherwise may be reasonably necessary upon receipt of your written permission.
14. Miscellaneous
14.1 Governing Law
This API License shall be deemed to take place in the State of California and shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of law principles. Any disputes arising from this API License shall be adjudicated in the courts of the County of San Diego, State of California. This API License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
14.2 Severability
If any provision of this API License is held to be invalid or unenforceable with respect to a party, the remainder of this API License, or the application of such provision to persons other than those to whom it is held invalid or unenforceable shall not be affected and each remaining provision of this API License shall be valid and enforceable to the fullest extent permitted by law.
14.3 Waiver
Except as provided herein, the failure to exercise a right or require performance of an obligation under this API License shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver or a breach constitute waiver of any subsequent breach.
14.4 Modification or Amendment
We may modify or amend the terms of this API License by posting a copy of the modified or amended API License on this page. You will be deemed to have agreed to any such modification or amendment by your decision to continue using the RentCast API following the date on which the modified or amended API License is posted on this page.
14.5 Survival
The following sections of this API License and any other provisions of this API License which by their express language or by their context are intended to survive the termination of this API License shall survive such termination: 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, and this Section 14.
14.6 Entire Agreement
This API License including the documents incorporated herein by reference constitute the entire agreement with respect to the use of the RentCast API and the API Data licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter.
