Terms of Service

The Services

TML provides property-management services for rental properties, including lease administration, rent collection, maintenance coordination, and communications with tenants and service vendors. The Services are available to:

• Tenants of properties managed by TML, via the tenant portal and related SMS/MMS notifications.
• Service vendors contracted by TML, via vendor dispatch SMS/MMS messages and related tools.
• Property owners whose properties TML manages, via owner portal communications.

Accounts and Eligibility

You must be at least 18 years old to use the Services. You must provide accurate information when creating or activating an account and keep that information up to date. You are responsible for all activity on your account, and you agree to keep your phone number, email, and login credentials secure. Notify us immediately at help@the-mindful-landlord.com if you suspect unauthorized access.

SMS and MMS Communications

Consent

When you affirmatively consent to receive text messages from TML — by signing the SMS-consent section of your lease, signing the SMS-consent section of your vendor agreement, checking the SMS-consent box during tenant-portal signup, or providing verbal consent during onboarding (which we confirm by sending you a confirmation SMS that you must receive before you are subscribed) — you consent to receive SMS and MMS messages from us at the number you provided, sent via automated technology, for purposes related to your tenancy or vendor relationship, including:

• Account activation and access
• Rent invoice reminders and payment confirmations
• Maintenance request coordination
• Vendor work-order dispatch
• Account and security notifications

Consent to receive SMS/MMS is not a condition of any purchase, lease, or service.

Frequency and Charges

Message frequency varies based on tenancy or vendor activity. Message and data rates may apply according to your wireless carrier's plan. TML does not charge you to send or receive SMS/MMS messages.

Opt-Out

You may opt out of SMS/MMS at any time by replying STOP, CANCEL, END, QUIT, or UNSUBSCRIBE to any message you receive from us. You will receive a confirmation message and no further SMS/MMS communications, except as required to confirm the opt-out. Opting out of SMS does not terminate your obligations under any lease, vendor agreement, or these Terms; we may continue to contact you by email, mail, or phone call for required communications.

Help

Reply HELP to any TML message for support information, or contact help@the-mindful-landlord.com.

Privacy of Mobile Information

Mobile information, including phone numbers and SMS/MMS opt-in data, will not be sold or shared with third parties for promotional or marketing purposes. We share mobile information only with service providers that help us deliver the Services (such as our SMS gateway provider and rent-payment processors), and only to the extent necessary to perform those services on our behalf. See our Privacy Policy for details.

Rent Payments

If you are a tenant, you may use the tenant portal to pay rent and other lease-related charges via debit/credit card, ACH bank transfer, or other payment methods we make available.

Payment Authorization

When you submit a payment, you authorize TML and our payment processors (including Stripe and Plaid) to initiate a charge or debit against the payment method you select in the amount you authorize. For autopay, you authorize recurring charges against the selected payment method on the schedule you set, until you cancel autopay through the portal.

Returned Payments and Fees

If a payment is returned, reversed, charged back, or fails for any reason (including insufficient funds, closed account, or authorization dispute), you are responsible for:

• The original amount owed
• A returned-payment fee as permitted under your lease and applicable law (currently $30.00 for returned ACH payments)
• Any applicable late fees under your lease

Late Fees

Late fees are governed by your lease agreement and applicable state and local law. For properties in Maryland, late fees are capped under Md. Code Real Property §8-208 and grace periods apply as specified in the lease. For properties in Ohio, late fees are governed by your lease and Ohio Rev. Code Chapter 5321.

Card Surcharges

If you pay by credit or debit card, a processing surcharge may be added at checkout, as disclosed before you confirm the payment. You may avoid this surcharge by paying via ACH bank transfer, which is offered free of charge.

Disputes and Chargebacks

If you believe a charge is incorrect, contact us first at help@the-mindful-landlord.com so we can resolve it directly. Initiating a chargeback with your card issuer before contacting us may result in reversal of the disputed amount plus chargeback fees charged back to your lease ledger in accordance with your lease.

Maintenance Requests (Tenants)

The tenant portal allows you to submit maintenance requests, including text descriptions and photos. By submitting a maintenance request, you authorize TML to:

• Share the request details — including the property address, description of the issue, photos you uploaded, your name, your phone number, and preferred access times — with service vendors we dispatch to address the issue.
• Grant vendors access to the unit at the times you authorize in the request, or as otherwise arranged.

You are responsible for promptly reporting emergencies (water leaks, gas smells, fire, no heat in freezing weather) via the emergency option in the portal or by calling TML directly.

Vendor Services (Service Providers)

If you are a contracted service vendor, your provision of services is governed by your vendor agreement with TML in addition to these Terms. Work-order dispatch SMS/MMS messages are transactional communications delivered pursuant to that agreement. Acceptance or decline of a dispatched job may be communicated via SMS reply or the vendor portal.

Acceptable Use

You agree not to:

• Use the Services for any unlawful purpose or in violation of any applicable law, regulation, or lease provision.
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity.
• Interfere with or disrupt the Services, the servers or networks connected to the Services, or any other user's use of the Services.
• Attempt to gain unauthorized access to the Services, other users' accounts, or any TML systems or networks.
• Use the Services to harass, threaten, or defraud any other person.
• Scrape, copy, or mirror the Services or any content obtained through the Services, except as permitted by these Terms.

Intellectual Property

The Services and all content, features, and functionality of the Services — including the tenant and vendor portals, software, logos, trademarks, and copyrighted materials — are owned by TML or our licensors and are protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for their intended purpose. You may not copy, modify, distribute, sell, or lease any part of the Services without our prior written consent.

Privacy

Your use of the Services is subject to our Privacy Policy, which describes how we collect, use, and share information. By using the Services you agree to the data practices described in the Privacy Policy.

Third-Party Services

The Services integrate with third-party providers, including:

• Stripe (payment processing for cards)
• Plaid (bank account verification and ACH initiation)
• Telnyx (SMS/MMS delivery)
• Firebase / Google (authentication and phone verification)
• Supabase (data and file hosting)

Your use of these third-party providers, through the Services, is subject to their own terms of service and privacy policies. TML is not responsible for the acts or omissions of third-party providers.

Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not warrant that the Services will be uninterrupted, error-free, secure, or free of viruses or other harmful components. You use the Services at your own risk.

Nothing in these Terms limits any warranty or right that cannot be disclaimed or waived under applicable law, including state landlord-tenant statutes.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TML AND ITS OFFICERS, MEMBERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TML's aggregate liability to you for any claim arising out of or related to the Services or these Terms will not exceed the greater of (a) the amount you paid to TML in the 12 months preceding the event giving rise to the claim, or (b) $100.

This section does not limit any liability that cannot be limited under applicable law, and does not affect any rights you have as a tenant under your lease or applicable landlord-tenant law.

Indemnification

You agree to indemnify, defend, and hold harmless TML and its officers, members, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to (a) your violation of these Terms, (b) your violation of any law or the rights of a third party, or (c) your misuse of the Services.

Termination

We may suspend or terminate your access to the Services at any time, with or without notice, for any reason, including violation of these Terms or of your lease or vendor agreement. You may stop using the Services at any time; however, termination of Services access does not terminate your lease, vendor agreement, or any underlying obligations.

Changes to the Terms

We may update these Terms from time to time. When we do, we will update the "Last updated" date at the top and, for material changes, provide reasonable notice (such as via email, SMS, or a portal notice) before the changes take effect. Your continued use of the Services after the effective date of the updated Terms constitutes acceptance of the updated Terms.

Governing Law and Disputes

These Terms are governed by the laws of the State of Maryland, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to these Terms or the Services will be resolved in the state or federal courts located in Baltimore City or Baltimore County, Maryland, and you consent to the exclusive jurisdiction and venue of those courts. Nothing in this section limits any right you may have to pursue claims in a small-claims court of competent jurisdiction or, for tenants, to pursue remedies under your lease or applicable landlord-tenant law in the jurisdiction where your rental unit is located.

Miscellaneous

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision of these Terms does not waive that right or provision. You may not assign these Terms without our prior written consent; we may assign these Terms in connection with a merger, acquisition, or sale of assets. These Terms, together with your lease or vendor agreement and our Privacy Policy, constitute the entire agreement between you and TML regarding the Services.

Contact

• The Mindful Landlord LLC
• Email: help@the-mindful-landlord.com
• Security / abuse: security@the-mindful-landlord.com
• Privacy: see Privacy Policy