Terms of Service

These Terms of Service (the “Terms”) are a binding agreement between you (“you,” “your,” or “User”) and Loren Polster LLC, a New York limited liability company doing business as Trustead (“Trustead,” “we,” “us,” or “our”). By creating an account, accessing, or using the Trustead platform, including any website, web application, or communication service operated by Trustead (the “Platform”), you agree to these Terms. If you do not agree, do not use the Platform.

IMPORTANT — ARBITRATION AND CLASS ACTION WAIVER. Section 19 contains a mandatory binding arbitration clause and class-action waiver. By accepting these Terms, you agree to resolve disputes with Trustead through individual arbitration and waive your right to participate in a class action or jury trial, except as expressly provided in Section 19.

1.About Trustead.

Trustead operates a private, invite-only communications platform that allows adults in trust-based personal networks to connect with one another regarding short-term stays in private residences. Trustead is currently in a closed, free beta phase. Trustead is a neutral communications environment. It is not a broker, agent, fiduciary, booking service, reservation service, travel agency, money transmitter, payment processor, insurer, or guarantor. Users are solely responsible for their own listings, messages, representations, and any agreements or transactions they enter into with other Users.

2.Eligibility and account registration.

2.1. You must be at least 18 years old and have the legal capacity to enter into a binding contract under the laws of your jurisdiction. Trustead is not directed to children under 13 and does not knowingly collect personal information from children under 13. If we learn that a User is under 13, we will terminate the account and delete associated information.

2.2. You must provide accurate, current, and complete information during registration and keep it updated.

2.3. You are responsible for maintaining the security of your account credentials and for all activity under your account.

2.4. One account per person. You may not create accounts on behalf of another person without authorization or create multiple accounts to evade suspensions.

2.5. Trustead may accept or decline any registration request, and may suspend or terminate accounts at any time and without notice, in its sole discretion.

3.The Platform.

The Platform allows Users to: create profiles; list or view private-residence short-term stay opportunities posted by other Users (“Listings”); exchange messages; indicate availability via a calendar tool; vouch for other Users in their personal network; view algorithmically generated trust-signal displays derived from User-submitted information; and communicate requests and acceptances regarding potential stays. Trustead does not facilitate, confirm, hold, reserve, guarantee, or insure any stay, and does not process or handle any payments between Users.

4.No fees during beta — direct or indirect.

4.1. During Trustead’s free beta phase, Trustead does not charge, collect, or receive any fee from Users, directly or indirectly, for use of the Platform or in connection with any stay arranged through the Platform.

4.2. Trustead does not derive advertising revenue, data-licensing revenue, sponsorship revenue, referral compensation, or any other monetary or non-monetary benefit from any stay or transaction between Users during the beta phase.

4.3. Trustead reserves the right to introduce paid features or subscriptions in the future. If and when Trustead does so, Trustead will (a) comply with all applicable laws governing short-term rental platforms in every jurisdiction where paid features are enabled, and (b) provide Users with at least thirty (30) days’ advance notice and updated Terms before any fees take effect.

5.No payment processing.

Trustead does not process, handle, hold, route, escrow, or otherwise touch any funds exchanged between Users. Trustead is not a money transmitter, money services business, payment processor, payment facilitator, or payment aggregator under federal, state, or local law, including 31 U.S.C. § 5330 and 31 C.F.R. § 1010.100(ff). All payments between Users are made directly between them through third-party services of their own choosing. Trustead has no visibility into, control over, or responsibility for any such payment.

6.No agency, brokerage, or fiduciary relationship.

Trustead is not a party to any agreement between Users. Trustead is not a real estate broker, real estate salesperson, apartment information vendor, rental agent, travel agent, representative, fiduciary, insurer, or guarantor for any User or any transaction. Trustead does not hold itself out as performing, and does not perform, services for which a real estate brokerage, rental-agent, or apartment-information-vendor license is required under New York Real Property Law Article 12-A (including § 441) or analogous statutes in any other jurisdiction. Trustead does not negotiate, arrange, or consummate rental transactions on behalf of Users. Nothing in these Terms, and no feature of the Platform, creates any agency, brokerage, or fiduciary relationship between Trustead and any User.

7.No reservation service; no booking confirmation.

Any scheduling, calendar, availability, messaging, request, or acceptance feature on the Platform is provided solely as a communications tool. These features do not constitute a reservation system, booking engine, or confirmation service operated by Trustead. Trustead does not confirm, guarantee, record, reserve, or hold any stay on any User’s behalf. When a Host indicates acceptance of a Guest’s request through the Platform, that acceptance is a direct communication between the Host and the Guest. Any resulting agreement is formed exclusively between the Host and the Guest, on terms they negotiate and confirm directly, outside the Platform. Calendar entries, availability displays, and request-status indicators are informational only; they do not create, modify, or evidence any binding obligation on the part of Trustead, nor do they constitute offers, acceptances, or reservations by Trustead.

8.Trust signals are user-generated, not verification.

The Platform displays trust signals, vouches, connection indicators, degree counts, trust scores, and similar algorithmic displays (collectively, “Trust Signals”). You acknowledge and agree that:

(a) Trust Signals are generated algorithmically from information voluntarily submitted by Users, including self-reported relationships and vouches from other Users, and reflect only what other Users have chosen to share;

(b) Trustead does not verify the accuracy, truth, or current validity of any vouch, relationship claim, identity assertion, or other User-submitted information underlying Trust Signals;

(c) Trustead does not conduct identity verification, criminal background checks, credit checks, property-ownership verification, or any other independent diligence on Users;

(d) Trust Signals are not certifications, endorsements, ratings, or guarantees by Trustead of any User’s identity, character, safety, honesty, solvency, competence, or fitness for any purpose;

(e) A high trust score, vouch, or connection does not mean a User is safe, trustworthy, or will perform as expected;

(f) You are solely responsible for conducting your own independent due diligence before entering into any arrangement with another User, regardless of Trust Signals displayed on the Platform.

Trustead expressly disclaims any duty to investigate or verify Users and any liability for harm arising from reliance on Trust Signals.

9.Host representations and responsibilities.

If you create or maintain a Listing, you represent and warrant that:

(a) You are the lawful owner or a lawful tenant of the listed residence, and you have the right under your lease, deed, mortgage, condominium declaration, cooperative proprietary lease, homeowners- association rules, and any other applicable agreements to offer short-term use of the residence;

(b) You hold all registrations, permits, licenses, and authorizations required under applicable law to offer the residence for short-term use, including any short-term rental registration, primary-residence, night-cap, zoning, or occupancy-tax obligations;

(c) You will collect, remit, and report all applicable taxes, including state and local sales, hotel occupancy, transient occupancy, and short-term rental taxes;

(d) You will comply with all applicable fair housing, anti- discrimination, consumer protection, safety, fire-code, and health laws;

(e) Your Listing is accurate, not misleading, and does not infringe the rights of any third party;

(f) You will indemnify and hold harmless Trustead from any claim, loss, or penalty arising from your non-compliance with any of the foregoing, as further described in Section 16.

10.Non-discrimination and Fair Housing.

10.1. Trustead is committed to a community free from unlawful discrimination. You may not discriminate against any other User on the basis of race, color, religion, national origin, ancestry, sex, gender, gender identity, sexual orientation, familial status, marital status, disability, age, source of income, veteran or military status, or any other characteristic protected by applicable federal, state, or local law.

10.2. Hosts may not refuse to rent, impose different terms, decline a request, or otherwise treat a Guest less favorably on any protected basis. Hosts may not post Listings, messages, or descriptions that indicate a preference, limitation, or discrimination based on any protected characteristic.

10.3. Trustead reserves the right to remove Listings, suspend accounts, and terminate Users who violate this Section 10 or applicable anti-discrimination laws.

11.User content and license.

You retain all rights in content you submit to the Platform (“User Content”). By submitting User Content, you grant Trustead a worldwide, non-exclusive, royalty-free, transferable license to host, use, display, reproduce, modify for formatting, and distribute such User Content on and in connection with the Platform. You represent that you own or have the necessary rights in User Content you submit, and that User Content does not violate these Terms or any applicable law. You are solely responsible for your User Content. Under 47 U.S.C. § 230(f)(3), Users (not Trustead) are the information content providers for User Content they submit.

12.Prohibited conduct.

You may not, and may not authorize or enable others to:

• Use the Platform for any unlawful purpose or in violation of these Terms;
• Post false, fraudulent, misleading, defamatory, threatening, harassing, or infringing content;
• Discriminate against other Users in violation of Section 10;
• Solicit or process payments through the Platform itself or represent that Trustead is facilitating, confirming, or guaranteeing payments;
• Use the Platform to commit fraud, identity theft, or impersonation;
• Circumvent vouch, trust, or access mechanics, or manipulate Trust Signals;
• Scrape, harvest, or systematically extract data from the Platform;
• Send bulk, unsolicited, or commercial messages; distribute malware or harmful code;
• Attempt to access accounts or data you are not authorized to access;
• Use the Platform to facilitate any stay or transaction that violates applicable law, including short-term-rental registration, primary-residence, night-cap, zoning, tax, lease, condominium, or homeowners-association rules.

13.Moderation discretion.

Trustead may, in its sole discretion and without liability or any obligation to give notice, remove, restrict, suspend, or limit access to any content, Listing, message, account, vouch, Trust Signal, or feature that Trustead determines in good faith to be objectionable, unlawful, inaccurate, harmful, or inconsistent with these Terms. Trustead does not commit to review, monitor, remove, or act on any specific content or report, and any moderation action (or inaction) is a matter of Trustead’s editorial discretion. Trustead’s failure to act on any particular content or report does not waive any right to act on other content or in the future. Trustead’s moderation decisions are protected under 47 U.S.C. § 230(c).

14.Disputes between Users.

Any dispute between Users — including disputes over payment, cancellation, property damage, personal injury, refunds, or stay terms — is solely between those Users. Trustead does not mediate, arbitrate, adjudicate, insure, or guarantee the outcome of any such dispute, and has no liability arising from any such dispute.

15.Termination.

You may close your account at any time by contacting hello@trustead.app or using any account-closure feature provided on the Platform. Trustead may suspend or terminate your access to the Platform at any time, with or without notice, for any reason, including violation of these Terms. Upon termination, Sections 5, 6, 7, 8, 11 (license), 14, 16, 17, 18, 19, 20, and 22 survive.

16.Indemnification.

You will defend, indemnify, and hold harmless Trustead, its affiliates, and its respective officers, members, managers, employees, contractors, and agents from and against any claim, liability, loss, damage, penalty, fine, cost, or expense (including reasonable attorneys’ fees) arising out of or relating to: (a) your use of the Platform; (b) any Listing, message, vouch, or other User Content you submit; (c) any stay, agreement, payment, or dispute between you and another User; (d) your violation of these Terms or any applicable law, including short-term-rental, tax, fair housing, or consumer protection laws; (e) your violation of any third-party right, including any lease, condominium declaration, cooperative agreement, or homeowners- association rule; and (f) any reliance placed by any person on Trust Signals displayed on the Platform.

17.Disclaimers.

THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TRUSTEAD DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. TRUSTEAD DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. TRUSTEAD MAKES NO REPRESENTATION OR WARRANTY REGARDING THE IDENTITY, CHARACTER, SAFETY, HONESTY, SOLVENCY, COMPETENCE, OR FITNESS OF ANY USER, OR THE ACCURACY OR LEGALITY OF ANY LISTING, TRUST SIGNAL, OR USER CONTENT. YOUR USE OF THE PLATFORM AND ANY RELIANCE ON USER CONTENT OR TRUST SIGNALS IS AT YOUR SOLE RISK.

18.Limitation of liability.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TRUSTEAD OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, BUSINESS INTERRUPTION, PERSONAL INJURY, PROPERTY DAMAGE, OR EMOTIONAL DISTRESS ARISING OUT OF OR RELATING TO THE PLATFORM, ANY USER CONTENT, ANY STAY, OR ANY DISPUTE BETWEEN USERS, REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TRUSTEAD’S AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM WILL NOT EXCEED ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS; IN SUCH JURISDICTIONS, THE ABOVE LIMITATIONS APPLY TO THE MAXIMUM EXTENT PERMITTED.

19.Binding arbitration and class-action waiver.

19.1. Agreement to arbitrate. You and Trustead agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Platform (“Dispute”) will be resolved exclusively by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, rather than in court, except as provided below. The Federal Arbitration Act governs the interpretation and enforcement of this Section.

19.2. Class-action waiver. You and Trustead waive any right to assert a Dispute as a class, collective, representative, or private-attorney-general action, and to a jury trial. The arbitrator may not consolidate Disputes and may not preside over any form of representative or class proceeding. If this class-action waiver is found unenforceable, then the entirety of this Section 19 is unenforceable and Disputes will proceed in court.

19.3. Small-claims and injunctive carve-outs. Either party may bring an individual action in small-claims court for any Dispute within its jurisdictional limits. Either party may seek injunctive or equitable relief in court to prevent infringement or misuse of intellectual property or unauthorized access to the Platform.

19.4. Notice of dispute. Before starting arbitration, the claiming party must send a written Notice of Dispute to the other party describing the nature of the Dispute and the relief sought. For Trustead, send to 367 St Marks Ave #1087, Brooklyn, NY 11238, Attn: Legal. The parties will attempt to resolve the Dispute in good faith within sixty (60) days.

19.5. Arbitration location and fees. Arbitration will be conducted in New York, New York, or by video/telephonic hearing at the claimant’s election. The arbitrator’s decision will be final and binding, subject to limited judicial review under the Federal Arbitration Act. AAA rules govern fee allocation.

19.6. 30-day opt-out. You may opt out of this arbitration agreement by sending a written opt-out notice to hello@trustead.app within thirty (30) days of first accepting these Terms, stating your name, account email, and clear intent to opt out. Opting out does not affect any other provision of these Terms.

20.Governing law and venue.

These Terms are governed by the laws of the State of New York, without regard to conflict-of-laws principles. Subject to Section 19, the exclusive venue for any action not subject to arbitration is the state or federal courts located in New York County, New York, and you consent to personal jurisdiction there.

21.Changes to these Terms.

Trustead may update these Terms from time to time. Material changes will be communicated by email to the address associated with your account, by in-Platform notice, or by updating the “Last Updated” date above. Continued use of the Platform after changes take effect constitutes acceptance of the updated Terms. If you do not agree to a change, you must stop using the Platform and may close your account.

22.Miscellaneous.

22.1. Entire agreement. These Terms, together with the Privacy Policy and any additional terms agreed between you and Trustead, are the entire agreement between you and Trustead.

22.2. Severability. If any provision is held unenforceable, the remaining provisions remain in effect, except as provided in Section 19.2.

22.3. No waiver. A failure or delay by Trustead in enforcing any right is not a waiver of that right.

22.4. Assignment. You may not assign these Terms without Trustead’s written consent. Trustead may assign these Terms freely.

22.5. Notices to you. We may give notice by email, in-Platform notice, or by posting on the Platform.

22.6. No third-party beneficiaries. Except as expressly stated, these Terms do not create any third-party-beneficiary rights.

22.7. Contact. Questions about these Terms: hello@trustead.app, 367 St Marks Ave #1087, Brooklyn, NY 11238.