1. Acceptance of Terms
By accessing or using the Hatchkeep platform, website, or any associated services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you are entering into these Terms on behalf of a business or other legal entity, you represent that you have authority to bind that entity to these Terms.
If you do not agree to these Terms, do not access or use the Services. Your continued use of the Services after any changes to these Terms constitutes acceptance of the updated Terms.
2. Description of Services
Hatchkeep is a property management software platform that provides tools for users to manage properties, tenants, payments, documents, communications, and third-party integrations. The platform does not provide legal, tax, financial, real estate brokerage, credit reporting, or property management advice.
Hatchkeep is not a bank, escrow agent, trust company, real estate broker, attorney, credit reporting agency, or licensed property management company. Nothing in the Services creates or constitutes legal, financial, or professional advice. Users remain solely responsible for their own legal and regulatory compliance in the operation of their rental properties.
The Services include:
- Property, unit, and lease management tools
- Tenant portal for rent payments, maintenance requests, and communications
- Maintenance tracking, vendor dispatch, and work order management
- Inspection templates and tenant inspection forms
- Financial reporting, payment tracking, and budget management
- Messaging and announcement tools for all user roles
- AI-powered features (available on eligible plans)
- CSV data import tools (available on eligible plans)
- Third-party tenant screening integrations (subject to Section 9.4)
We reserve the right to modify, suspend, or discontinue any part of the Services at any time with reasonable notice where practicable.
3. Accounts and Registration
3.1 Account Creation
To use the Services, you must create an account by providing accurate, current, and complete information. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.
3.2 User Roles
The platform supports multiple user roles: Owner, Property Manager, Tenant, Maintainer, and Vendor. Each role has different permissions and access levels. The account Owner is responsible for all users they add to their account.
3.3 Eligibility
You must be at least 18 years old to use the Services. By using the Services, you represent that you meet this requirement.
3.4 Account Security
You agree to immediately notify us of any unauthorized use of your account or any other breach of security. Hatchkeep is not liable for any loss or damage arising from unauthorized use of your account.
3.5 Account Data
The account Owner controls all data within their account. When an account is closed or suspended, we may retain data for a limited period as described in our Privacy Policy.
4. Subscriptions and Billing
4.1 Plans
Hatchkeep offers multiple subscription tiers: Free, Home, Starter, Growth, Pro, and Enterprise. Each plan includes specific feature limits as described on our Pricing page. Plan details may change; we will provide notice of material changes.
4.2 Free Plan
The Free plan is available at no cost and does not require a credit card. It includes limited properties, units, and features. Free plan users may use the Services indefinitely within plan limits.
4.3 Paid Subscriptions
Paid subscriptions are billed monthly or annually in advance. By providing a payment method, you authorize us to charge the applicable fees. All fees are in USD and are non-refundable except as required by law or as stated herein.
4.4 Automatic Renewal
Subscriptions automatically renew at the end of each billing period unless cancelled before the renewal date. You may cancel your subscription at any time through your account settings or by contacting us; cancellation takes effect at the end of the current billing period.
4.5 Free Trial
If we offer a free trial, you will not be charged until the trial period ends. We will notify you before your trial converts to a paid plan.
4.6 Price Changes
We may change subscription prices with at least 30 days' notice. Continued use after a price change takes effect constitutes acceptance of the new pricing.
4.7 Payment Processing Fees
If you use Hatchkeep's online rent collection features, a convenience fee is charged per transaction (card: 3.5%; ACH/bank transfer: 1.3%, max $8). These fees are disclosed to tenants at time of payment and are separate from Hatchkeep subscription fees. Processing fee rates are subject to change with notice.
4.8 Taxes
You are responsible for all applicable taxes. Where we are required by law to collect taxes, they will be added to your invoice.
4.9 Suspension for Non-Payment
We reserve the right to suspend or terminate your account if payment is not received within 7 days of the due date. We will make reasonable efforts to notify you before suspension.
5. Acceptable Use
You agree not to use the Services to:
- Violate any applicable law or regulation, including fair housing laws
- Discriminate against tenants or applicants on the basis of race, color, national origin, religion, sex, familial status, disability, or any other protected class
- Upload, post, or transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable
- Impersonate any person or entity or falsely represent your affiliation with any person or entity
- Introduce any virus, malware, or other harmful code into the Services
- Attempt to gain unauthorized access to any part of the Services or to other users' accounts
- Reverse engineer, decompile, or disassemble the Services
- Scrape or systematically extract data from the Services without our express written consent
- Use the Services for any purpose that competes with Hatchkeep's business
We reserve the right to investigate suspected violations and to suspend or terminate accounts that violate these standards.
6. Your Content
6.1 Ownership
You retain ownership of all data, text, files, photos, and other content you submit to the Services ("Your Content"). By submitting Your Content, you grant Hatchkeep a limited, non-exclusive, royalty-free license to store, process, display, and transmit Your Content solely to provide the Services to you.
6.2 Responsibility
You are solely responsible for Your Content and for ensuring it does not violate any third-party rights or applicable laws. Hatchkeep does not review Your Content for accuracy or legality.
6.3 Data Accuracy
You are responsible for the accuracy of information you enter (including lease terms, payment amounts, and tenant data). Hatchkeep is not liable for financial, legal, or other consequences arising from incorrect data.
6.4 Removal
We reserve the right to remove any content that violates these Terms or that we determine in our sole discretion to be harmful, offensive, or otherwise inappropriate.
7. Intellectual Property
The Services, including all software, designs, text, graphics, logos, and other materials, are owned by or licensed to Hatchkeep and are protected by intellectual property laws. These Terms do not grant you any rights to use Hatchkeep's trademarks, logos, or other brand elements.
We welcome feedback and suggestions. If you provide feedback, you grant us the right to use it without restriction or compensation to you.
8. Privacy
Your use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Services, you consent to our collection and use of information as described in the Privacy Policy.
As an account Owner or Property Manager, you are responsible for ensuring that your collection and use of tenant personal data complies with applicable privacy laws, including obtaining any required consents from tenants.
9. Third-Party Services
9.1 General Third-Party Disclaimer
The Services integrate with third-party services including Stripe (payment processing), Mailcow (transactional email), Cloudflare R2 (file storage), and Anthropic (AI features). Your use of these integrations is subject to the third parties' own terms of service and privacy policies.
Hatchkeep is not responsible for the availability, accuracy, or reliability of third-party services, or for any losses arising from your reliance on them.
9.2 Stripe Connect — Vendor and Seller Responsibilities
Hatchkeep operates as a Stripe Connect platform. Under Stripe's Connected Account Agreement, Hatchkeep as platform operator bears ultimate responsibility to Stripe for refunds, chargebacks, dispute fees, fines, and onboarding compliance arising from transactions processed through connected accounts. By using any Stripe Connect-powered feature on this platform — including receiving vendor invoice payments or processing payments through a connected Stripe account — you ("Vendor" or "Seller") expressly agree to the following:
- Stripe Connected Account Agreement: You are required to accept and remain in compliance with Stripe's Connected Account Agreement and all applicable Stripe policies. Your failure to comply may result in Hatchkeep terminating your access to payment features.
- Sole Responsibility for Transactions: You are solely responsible for all transactions you initiate or receive through your connected Stripe account, including the goods or services underlying each transaction, accurate pricing, fulfillment, and any representations made to payers.
- Refunds and Chargebacks: You are solely responsible for issuing refunds on your transactions where required. In the event a payer initiates a chargeback or ACH return on a transaction you received, you are fully responsible for contesting or absorbing that chargeback. To the maximum extent permitted by law, you agree to indemnify and reimburse Hatchkeep for any chargeback amounts, dispute fees, or fines that Stripe assesses against Hatchkeep as platform operator arising from your transactions.
- Dispute Fines and Penalties: If Stripe imposes fines, reserve holds, or penalties on Hatchkeep's platform account as a result of your transaction activity (including elevated dispute rates, fraud, or policy violations), you agree to indemnify Hatchkeep for the full amount of such fines and any associated costs, including reasonable attorneys' fees incurred in recovering those costs from you.
- Restricted Business Categories: You represent and warrant that your business, services, and transaction activity do not fall within Stripe's list of restricted businesses. You are solely responsible for verifying your eligibility to use Stripe's services.
- Onboarding and Identity Verification: You are responsible for providing accurate information during Stripe's Know Your Customer (KYC) and identity verification process. Hatchkeep is not liable for any delays, rejections, or account restrictions resulting from Stripe's verification decisions.
- Platform Liability Disclaimer: To the maximum extent permitted by applicable law, Hatchkeep disclaims all liability to you for any actions Stripe takes with respect to your connected account, including but not limited to account suspension, fund holds, reserves, payouts withheld, or account termination. Your recourse for Stripe account issues is with Stripe directly.
This Section 9.2 supplements the indemnification obligations in Section 12. In the event of any conflict between this section and Section 12 with respect to Stripe Connect liability, this section controls.
9.3 Tenant Rent Payment Processing
When tenants pay rent through the platform, payments are processed by Stripe, Inc. on behalf of the property owner or property manager. Hatchkeep is not a bank, money transmitter, payment processor, escrow agent, or funds custodian. Rent funds are not held by Hatchkeep's LLC — they are transferred directly between Stripe accounts pursuant to Stripe's Connected Account Agreement.
- No Payment Guarantee. Hatchkeep does not guarantee that any payment will be completed, authorized, or settled. Payment outcomes are subject to Stripe's processing rules, bank authorization, and account status.
- Failed Payments and ACH Returns. Bank (ACH) payments are not instantaneous and may be returned by the payer's financial institution (for example, for insufficient funds), in some cases days after submission. If a payment is returned or a card payment fails, the property owner or manager is responsible for following up with the tenant. Hatchkeep is not responsible for losses arising from returned or failed payments.
- Returned-Payment Fee. If a payment is returned, a returned-payment fee applies and is charged to the paying party in an amount not exceeding the maximum permitted by the applicable U.S. state (for example, $25, subject to state caps). This fee is non-optional and must be paid before the returned payment may be retried. Where Hatchkeep incurs a processor return fee that is not recovered from the paying party within thirty (30) days, the account holder responsible for the transaction agrees Hatchkeep may recover that amount, including by offsetting it against amounts otherwise payable to or collected for the account holder.
- Chargebacks and Disputes. Chargebacks and disputes are the responsibility of the account holder, not Hatchkeep. Hatchkeep is a software and payment-facilitation platform and does not custody funds; it is not liable for chargebacks, ACH returns, or disputes. The account responsible for the disputed funds is liable for the full disputed amount and any associated processor fees, regardless of plan tier (including free plans), and Hatchkeep may reverse related transfers and bill the responsible account.
- Right to Refuse or Suspend Service. Hatchkeep reserves the right to refuse, limit, or suspend payment services for any account at its discretion, including for repeated returns, suspected fraud, chargeback abuse, or violation of these Terms.
- PCI Compliance. Card and bank account data is entered directly into Stripe-hosted payment forms and is never stored by Hatchkeep. You agree not to submit card numbers, bank account numbers, or routing numbers into any Hatchkeep form field that is not a Stripe-hosted payment element.
- Platform Fees. Hatchkeep charges a convenience fee on each rent payment (ACH: 1.3%, max $8; card: 3.5%). These fees are disclosed at the time of payment. Fees are non-refundable once a payment is processed.
- Stripe Terms. Your use of rent payment features constitutes acceptance of Stripe's Services Agreement and applicable Stripe policies.
9.4 Tenant Screening Services
Hatchkeep integrates with third-party tenant screening providers, including TransUnion SmartMove, to facilitate tenant background and credit screening. Screening reports are provided by the third-party screening provider, not by Hatchkeep. Hatchkeep does not create, verify, or guarantee the accuracy of any screening report.
- Permissible Purpose. You certify that you have a permissible purpose under the Fair Credit Reporting Act (FCRA) and any applicable state law to request a consumer report, and that you have obtained proper written authorization from the applicant prior to ordering a screening.
- No Housing Decisions. Hatchkeep does not approve, deny, rank, score, or make any housing decision. All housing decisions are made solely by the property owner or property manager.
- Adverse Action. If a consumer report influences a denial, conditional approval, higher deposit, co-signer requirement, or other adverse housing decision, you are solely responsible for providing the applicant with a written adverse action notice as required by the FCRA and applicable state law.
- Report Disputes. Applicant disputes about the accuracy of a consumer report must be directed to the screening provider or the applicable consumer reporting agency, not to Hatchkeep.
- Fair Housing. You are solely responsible for compliance with the Fair Housing Act, applicable state fair housing laws, and all federal, state, and local laws governing housing decisions.
- Indemnification. You agree to defend, indemnify, and hold Hatchkeep harmless from any claims, fines, or losses arising from your misuse of screening reports, improper denial of an applicant, discrimination, or failure to comply with FCRA, fair housing, or adverse action notice obligations.
9.5 Email Communication Policy
Hatchkeep provides email delivery features that allow property owners and managers to send notifications, announcements, payment reminders, maintenance updates, and other communications to tenants, vendors, and staff.
- User Authorization. By using the Services, you authorize Hatchkeep to send transactional emails on your behalf, including payment receipts, maintenance updates, lease notifications, invitation emails, and account alerts.
- Customer Content Responsibility. You are solely responsible for the content of any message you compose and send through the platform. Hatchkeep does not review or approve customer-composed messages.
- No Legal Notice Guarantee. Hatchkeep does not guarantee that any email sent through the platform satisfies legal notice requirements for eviction, lease termination, rent demand, security deposit disposition, or any other legally required notice. Consult an attorney before relying on platform-sent emails as formal legal notices.
- Deliverability Disclaimer. Email delivery is not guaranteed. Messages may be filtered as spam, delayed, or blocked by recipient email providers. Hatchkeep is not responsible for failed or delayed email delivery.
- CAN-SPAM Compliance. Marketing or promotional emails sent through the platform must comply with the CAN-SPAM Act. You may not send emails with false or misleading header information or deceptive subject lines. Opt-out requests from recipients must be honored within 10 business days.
- Abuse and Suspension. Hatchkeep may suspend or terminate your email sending access if we determine, in our sole discretion, that messages violate these Terms, applicable law, or constitute spam, phishing, harassment, or abuse.
10. Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. WE DO NOT WARRANT THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Not Legal Advice. Nothing in the Services constitutes legal advice. Lease templates, AI-generated content, document tools, notices, and any other materials provided are for informational and document-preparation purposes only. Use of the Services does not create an attorney-client relationship. Consult a qualified attorney licensed in the applicable jurisdiction before using any document for a legally binding purpose.
Lease Builder Disclaimer. The lease document tools provided in the Services are for convenience and document-preparation purposes only. You are solely responsible for reviewing, editing, approving, and using any lease, addendum, notice, disclosure, or related document created through the platform. Lease laws, tenant rights, required disclosures, security deposit rules, late-fee caps, eviction procedures, and housing regulations vary significantly by state, county, city, and property type. Hatchkeep does not guarantee that any document is complete, accurate, enforceable, compliant, or appropriate for your specific situation. Have all documents reviewed by a qualified attorney before use.
Not Financial Advice. Financial reports, analytics, and projections provided by the Services are for informational purposes only and do not constitute financial or tax advice.
Not Credit Reporting Advice. Screening reports displayed through the platform are provided by third-party consumer reporting agencies. Hatchkeep does not create, verify, interpret, or make recommendations based on screening report data. Do not make housing decisions without independently complying with applicable FCRA, fair housing, and state/local screening laws.
Email Delivery Disclaimer. Emails sent through the platform may not constitute legally sufficient notice for purposes of eviction, lease termination, or other legal proceedings. Delivery is not guaranteed. Consult an attorney regarding proper legal notice requirements in your jurisdiction.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HATCHKEEP AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUES, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING FROM:
- Your access to or use of (or inability to access or use) the Services
- Any conduct or content of any third party on the Services
- Unauthorized access to or alteration of your data
- Any other matter relating to the Services
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO HATCHKEEP IN THE TWELVE MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.
12. Indemnification
You agree to indemnify, defend, and hold harmless Hatchkeep and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from or in any way connected with:
- Your access to or use of the Services
- Your violation of these Terms
- Your violation of any third-party rights, including property rights, intellectual property rights, or privacy rights
- Your Content
13. Termination
13.1 By You
You may terminate your account at any time by cancelling your subscription and contacting us to request account deletion. Upon termination, your right to use the Services immediately ceases.
13.2 By Us
We may suspend or terminate your access to the Services at any time if we believe you have violated these Terms, if your payment is delinquent, or if we are required to do so by law. We will make reasonable efforts to provide advance notice of termination except where immediate termination is necessary to protect security or comply with legal requirements.
13.3 Effect of Termination
Upon termination, we will retain your data for 30 days, during which time you may export it. After 30 days, we may delete your data in accordance with our data retention practices. Provisions of these Terms that by their nature should survive termination will remain in effect, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
13.4 Data Retention
During your active subscription, your data is retained on our servers. Upon account termination or cancellation, we retain data for a minimum of 30 days to allow export. After that period, data may be permanently deleted. Certain records may be retained longer where required by law or for legitimate business purposes (e.g., financial transaction records). Backup copies may persist for up to 90 days after deletion. To request earlier deletion or a full data export, contact us at legal@hatchkeep.com.
14. DMCA / Copyright Policy
Hatchkeep respects intellectual property rights. If you believe that content on the platform infringes your copyright, please send a notice to legal@hatchkeep.com with the following information:
- Your name, address, telephone number, and email address
- A description of the copyrighted work you claim has been infringed
- A description of where the allegedly infringing material is located on the platform
- A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or applicable law
- A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf
- Your electronic or physical signature
We will respond to valid DMCA notices and remove or disable access to infringing content where appropriate. Counter-notices may be submitted following DMCA procedures at 17 U.S.C. § 512(g).
14. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Delaware, without regard to its conflict of law principles. Any dispute arising from these Terms or the Services shall be resolved through binding arbitration conducted by the American Arbitration Association under its Commercial Arbitration Rules, with the arbitration taking place in Delaware.
Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent unauthorized use or misappropriation of intellectual property.
YOU AND HATCHKEEP AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.
15. Changes to These Terms
We may update these Terms from time to time. We will notify you of material changes by posting a notice in the application, sending an email to your registered address, or updating the "Last updated" date above. Changes become effective 30 days after notification for material changes, or immediately for minor clarifications.
Your continued use of the Services after changes take effect constitutes acceptance of the revised Terms.