Terms of Service

1. Agreement to these Terms

These Terms of Service ("Terms") are a binding legal agreement between you and The Residency ("The Residency," "Company," "we," "us," or "our") governing your access to and use of the Residency founder portal, its websites, applications, communications and related services (together, the "Platform").

By checking the acceptance box, creating an account, or accessing or using the Platform, you agree to these Terms and to our Privacy Policy, which is incorporated here by reference. If you do not agree, do not access or use the Platform.

You represent that you are at least 18 years old and have the legal capacity to enter into this agreement. If you accept these Terms on behalf of a company or other entity, you represent that you have authority to bind that entity, and "you" means both you and that entity.

2. What these Terms cover — and what they do not

These Terms govern the Platform. They are separate from, and do not replace, the other agreements you may enter into with us, which may include:

• your Residency Agreement (equity or cash), which governs your participation in the program and your right to occupy a bed or room;
• any Guest Stay Agreement or other accommodation agreement;
• any SAFE, side letter or other equity instrument between The Residency and your company;
• any house rules, community guidelines or safety policies we publish or post at a residence.

Order of precedence. If a term of a signed Residency Agreement, Guest Stay Agreement, SAFE or side letter conflicts with these Terms, that signed agreement controls for the subject matter it covers. These Terms control for everything relating to the Platform itself. Nothing here waives, limits or expands any right or obligation created by those agreements.

3. No tenancy or occupancy right is created by the Platform

The Platform is a software service. Accepting these Terms, creating an account, appearing in a directory, being shown against a house or bed inside the Platform, or completing onboarding does not by itself create a lease, tenancy, sublease, licence, or any other right to occupy any property.

Any right to occupy a residence arises solely from a separately executed Residency Agreement, Guest Stay Agreement or equivalent written agreement, and is subject to its terms, its dates and applicable law. Information shown in the Platform about houses, rooms, beds, dates or amounts is provided for convenience and administration; where it differs from your signed agreement, the signed agreement governs.

4. Access, eligibility and your account

Access to the Platform is by invitation only and is personal to you. Only individuals invited by The Residency — including accepted residents, alumni, partners, coaches, mentors and administrators — are authorised to create an account.

• You must provide accurate, current and complete information and keep it up to date.
• You are responsible for safeguarding your credentials and for all activity under your account.
• You may not share, sell, transfer or licence your account, or use another person's account, without our written permission.
• You must notify us immediately at support@livetheresidency.com of any unauthorised access or suspected security breach.
• We may verify your identity and eligibility, and may suspend access while we do so.

Access is a revocable privilege, not a property right. We may modify, suspend or discontinue any part of the Platform at any time.

5. Community standards

The Residency is a live-in community, and participation depends on conduct that keeps it safe and functional for everyone. You agree that you will not — on the Platform, at a residence, at an event, or in any Residency channel:

• harass, bully, threaten, stalk, intimidate or discriminate against any person, including on the basis of race, colour, religion, national origin, ancestry, sex, gender, gender identity or expression, sexual orientation, age, disability, medical condition, marital status, military or veteran status, or any other characteristic protected by applicable law;
• engage in unwanted sexual advances, sexual harassment, or non-consensual physical contact;
• engage in violence or threats of violence, or possess a weapon at a residence or event;
• possess, use, manufacture or distribute illegal drugs or controlled substances at a residence or event, or supply alcohol to anyone under 21;
• damage, misuse or defeat any safety system, lock, alarm, smoke detector or camera at a residence;
• bring unauthorised guests, sublet, list a residence or any part of it on any short-term rental service, or give anyone else access to a residence;
• misrepresent your company, traction, funding, credentials or identity to other members, partners, mentors or investors;
• use the community, its directory or its events to run a scheme, solicit investment deceptively, or conduct any activity that violates law.

House rules, community guidelines and safety policies published by us or posted at a residence are incorporated into these Terms by reference and apply in addition to them.

6. Acceptable use of the Platform

You agree not to, and not to permit anyone else to:

• use the Platform for any unlawful purpose or in violation of any applicable law, rule or regulation;
• post or transmit content that is defamatory, obscene, harassing or fraudulent, or that infringes or misappropriates anyone's intellectual property, privacy or publicity rights;
• attempt to gain unauthorised access to the Platform, to other accounts, or to any related system or network, or probe, scan or test the vulnerability of any system without our prior written authorisation;
• scrape, crawl, harvest, index or use any automated means to extract data from the Platform, or copy or compile any member directory in whole or in part;
• use Platform data — including member names, emails, company details or profile content — to train, fine-tune or evaluate any machine-learning or artificial intelligence model;
• reverse engineer, decompile, disassemble or attempt to derive the source code of any part of the Platform, except to the extent this restriction is unenforceable under applicable law;
• interfere with or disrupt the integrity, security or performance of the Platform, or impose an unreasonable load on it;
• send unsolicited commercial messages, spam, chain communications or bulk solicitations to members;
• circumvent any access control, rate limit or usage restriction;
• remove, obscure or alter any proprietary notice, or frame or mirror any part of the Platform.

7. Member information and confidentiality

The Platform exposes information about other members — profiles, companies, fundraising status, house rosters, events, investor and mentor lists, partner perks, and internal community discussion. That information is provided to you solely for legitimate participation in The Residency community.

• You will not disclose, republish, resell or otherwise make available another member's non-public information to anyone outside the community.
• You will not use member information for unsolicited commercial outreach, recruiting-for-hire services, list building, or any purpose not authorised by us.
• You will treat information shared in confidence by another member — including unannounced products, financials and fundraising details — as confidential.
• Perk, discount and partner codes are personal to you, are not transferable, and may not be posted publicly.

These obligations survive the end of your participation. We are not responsible for how other members treat information you choose to share — share accordingly.

8. Your content

You retain ownership of what you submit to the Platform — profile information, posts, comments, updates, photos, documents and other materials ("Your Content").

You grant The Residency a worldwide, non-exclusive, royalty-free, sublicensable and transferable licence to host, store, reproduce, modify (for formatting and display), publish, distribute and display Your Content solely to operate, provide, secure, improve and promote the Platform and the community. This licence ends when you delete Your Content, except for copies retained in backups, in aggregate or de-identified form, where the content has been shared with others who have not deleted it, or where we must retain it to comply with law.

You represent and warrant that you own or have all rights necessary to grant this licence, and that Your Content does not violate any law or third-party right.

We have the right, but not the obligation, to review, moderate, restrict, remove or refuse any content for any reason, including content we believe violates these Terms. We do not pre-screen content and are not responsible for it.

9. Copyright and DMCA

We respect intellectual property rights. If you believe material on the Platform infringes your copyright, send a notice under the Digital Millennium Copyright Act (17 U.S.C. § 512) to support@livetheresidency.com including: (a) your physical or electronic signature; (b) identification of the copyrighted work claimed to be infringed; (c) identification of the material claimed to be infringing and information reasonably sufficient to locate it; (d) your contact information; (e) a statement that you have a good-faith belief the use is not authorised by the copyright owner, its agent or the law; and (f) a statement, under penalty of perjury, that the information in the notice is accurate and that you are authorised to act on the owner's behalf.

We will respond to properly submitted notices as required by law and may remove or disable the material. You may submit a counter-notification as permitted by § 512(g). We terminate the accounts of repeat infringers in appropriate circumstances.

10. Feedback

If you send us suggestions, ideas or feedback about the Platform or the program, you grant us an unrestricted, perpetual, irrevocable, royalty-free right to use and implement them for any purpose, without obligation, attribution or compensation to you.

11. Directory, profile data and privacy

By completing your profile you consent to your profile information — including your name, photo, startup details, cohort, house, and any social or web links you add — being visible to other members within the Platform, and to relevant information being shared with our vetted partners, coaches, mentors and investors as described in these Terms and our Privacy Policy. You may update or remove most profile information at any time in your account settings.

Our collection and use of personal information is described in our Privacy Policy. Depending on where you live you may have rights to access, correct, delete or restrict the use of your personal information — including under the California Consumer Privacy Act as amended by the CPRA. Requests may be sent to support@livetheresidency.com. We do not sell personal information for money.

Some information cannot be deleted while it is required for an active agreement, a legal obligation, a tax or accounting record, a safety investigation, or the establishment or defence of legal claims.

12. Communications, recordings and consent

Email and in-product messages. By creating an account you consent to receive administrative, transactional and program communications from us — invites, agreements, payment notices, reminders, safety notices, house and cohort announcements. These are part of the service and cannot be opted out of while your account is active. Marketing emails always include an unsubscribe link.

Text messages. If you provide a mobile number and opt in, you consent to receive text messages from us or our service providers at that number, which may be sent using an automatic telephone dialing system. Consent is not a condition of any purchase or of participation. Message and data rates may apply. Reply STOP to opt out, HELP for help.

Calls and recordings. Coaching sessions, community calls and program meetings may be recorded for the participants' benefit. We will tell you before recording where required, and by remaining in a session after that notice you consent to the recording — including under California's two-party consent law (Cal. Penal Code § 632) and any similar law of your state. If you do not consent, leave the session.

Notices to you. We may give notice by email to the address on your account, by posting in the Platform, or by any other reasonable means. You are responsible for keeping your email address current.

13. Electronic records and signatures

You consent to transact with us electronically. You agree that your electronic acceptance, your typed name, and any signature you draw or apply in the Platform each constitute your signature, have the same force and effect as a handwritten signature, and satisfy the U.S. Electronic Signatures in Global and National Commerce Act (ESIGN), the Uniform Electronic Transactions Act (UETA) and any similar law.

We record the date and time of each acceptance or signature, the version of the document accepted, the exact consent text shown to you, and your IP address and device information, and we retain that record as evidence of your agreement.

To access and retain electronic records you need a device with an up-to-date browser, internet access, a valid email address, and the ability to view and save PDF files. You may withdraw your consent to transact electronically, and may request a paper copy of any document you signed electronically, by writing to support@livetheresidency.com; withdrawal does not affect the validity of anything already signed, and we may be unable to continue providing the Platform to you electronically. You may download copies of your executed documents at any time from your account.

14. Fees, payments and authorisations

What you owe — program fees, rent, deposits and any other charges — is set by your Residency Agreement or Guest Stay Agreement, not by these Terms. Where the Platform collects payment:

• Payments are processed by third-party payment processors. Your use of those services is subject to their terms and privacy policies, and we are not responsible for their acts or omissions.
• By providing bank account details and authorising a debit, you authorise us and our processor to initiate ACH debit entries — one-time or recurring, as applicable — to that account for the amounts and on the schedule shown to you, and to initiate adjusting entries to correct an error. The authorisation stays in effect until you revoke it in the manner described in your agreement, with enough time for us to act on it.
• You are responsible for fees charged by your bank, for any returned, failed or reversed payment, and for any late fee, interest or collection cost permitted by your agreement and by applicable law.
• Except where required by law or expressly stated in your signed agreement, payments are non-refundable, and amounts owed are not contingent on your use of the Platform or the community.
• Initiating a chargeback or payment dispute instead of contacting us first is a breach of these Terms; we may suspend Platform access while a disputed balance is outstanding.
• You are responsible for any taxes arising from your participation, other than taxes on our net income.

15. Equity, SAFEs and securities matters

Some residents participate on an equity basis, under which their company issues a SAFE or similar instrument to The Residency. Those instruments are governed exclusively by the documents your company signs, not by these Terms.

• Nothing on the Platform is an offer to sell, or a solicitation of an offer to buy, any security, or a recommendation regarding any security or investment.
• The Residency is not a broker, dealer, investment adviser or funding portal, does not provide investment advice, and does not effect securities transactions for anyone.
• Investor, mentor and fundraising features exist to make introductions and to help you organise your own process. We do not endorse, vet for investment merit, or guarantee any investor, and we are not a party to any financing you complete.
• Any securities discussed are unregistered, illiquid and high-risk, and may be offered only in transactions exempt from registration and only to persons who qualify. You are responsible for your own compliance with securities laws, including any representation you make about accredited-investor status.
• You will not use the Platform to make a general solicitation or general advertising of a securities offering where that is not permitted for the offering.

16. No professional advice; no guaranteed outcomes

Content, programming, coaching, mentorship, templates and documents made available through the Platform are for general informational purposes. They are not legal, tax, accounting, financial, investment, immigration, medical or other professional advice, and no attorney-client, fiduciary or advisory relationship is created by your use of the Platform. Consult your own professional advisers.

The Residency makes no representation or guarantee about any outcome — funding raised, introductions made, partner or investor responses, company performance, housing availability, cohort composition, or the conduct or quality of any member, coach, mentor, partner or event.

17. Third parties, partners and perks

The Platform facilitates introductions to vetted service partners, coaches, mentors and investors ("Third Parties") and surfaces perks and discounts they offer. When you request an introduction or redeem a perk, you consent to us sharing your name, email and relevant profile information with that Third Party for that purpose.

Any agreement, engagement, purchase or transaction with a Third Party is solely between you and that Third Party. We do not control them, do not guarantee the availability, price, quality or outcome of anything they provide, and are not liable for their acts or omissions. Perks may change or be withdrawn at any time. Links to external sites are provided for convenience only and are not an endorsement.

18. Intellectual property in the Platform

The Platform, and all software, design, text, graphics, logos, trademarks and other content we provide, are owned by The Residency or its licensors and are protected by intellectual property and other laws. Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable licence to access and use the Platform for your own participation in The Residency. No other rights are granted, expressly or by implication.

You may not reproduce, distribute, publicly display or create derivative works from any part of the Platform, or use our name or marks, without our prior written consent.

19. Suspension, termination and removal

We may suspend or terminate your access to the Platform, in whole or in part, at any time and with or without notice, if we reasonably believe you have violated these Terms, your Residency Agreement, house rules or applicable law; if your participation in the program ends; if there is a risk to the safety, security or rights of others; or if we discontinue the Platform.

Suspension or termination of Platform access is not by itself a termination of your Residency Agreement or of any right to occupy a residence, which are governed by that agreement and by applicable law. Termination of your Residency Agreement does end your Platform access.

You may stop using the Platform at any time, and may request account deletion by writing to support@livetheresidency.com. Amounts already owed remain payable, and the provisions of these Terms that by their nature should survive — including Sections 7, 8, 10, 14, 16, 17, 18, 20, 21, 22, 23, 24, 25, 26 and 29 — survive termination.

20. Assumption of risk and release

Participation in a live-in community involves inherent risks, including risks arising from shared housing, travel, physical activity, social and professional events, the condition of premises, and the conduct of other members, guests and third parties. To the fullest extent permitted by law, you knowingly and voluntarily assume those risks.

To the fullest extent permitted by law, you release and discharge The Residency and its affiliates, and their officers, directors, employees, contractors and agents, from claims arising out of or relating to the acts or omissions of other members, guests or third parties, or your participation in community activities and events. This release does not apply to our own gross negligence, wilful misconduct or fraud, or to any liability that cannot be released under applicable law.

If you are a California resident, you waive California Civil Code § 1542, which reads: "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."

Emergencies are for emergency services, not for us — call 911 or your local emergency number first. We have no obligation to monitor the Platform, a residence, or any member's conduct, and any steps we do take are voluntary and create no duty to take them again.

21. Indemnification

To the fullest extent permitted by law, you will defend, indemnify and hold harmless The Residency and its affiliates, and their officers, directors, employees, contractors and agents, from and against any claim, demand, loss, liability, damage, judgment, fine, penalty, cost or expense (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Platform; (b) Your Content; (c) your breach of these Terms, any house rule, or any other agreement with us; (d) your violation of any law or of any third party's rights; (e) your interactions or dealings with any other member or Third Party; or (f) any damage or injury you cause at a residence or event. We may assume the exclusive defence and control of any matter subject to indemnification by you, at your expense, and you will cooperate with us.

22. Disclaimers

THE PLATFORM AND ALL CONTENT, INTRODUCTIONS, PERKS AND SERVICES MADE AVAILABLE THROUGH IT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, THE RESIDENCY AND ITS AFFILIATES, LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, SECURE, TIMELY OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT ANY DATA WILL BE PRESERVED OR ACCURATE, OR THAT ANY MEMBER, PARTNER, COACH, MENTOR OR INVESTOR HAS BEEN VETTED TO ANY PARTICULAR STANDARD. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS, SO PARTS OF THIS SECTION MAY NOT APPLY TO YOU.

23. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, THE RESIDENCY AND ITS AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND AGENTS, WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THE PLATFORM OR THESE TERMS, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE PLATFORM OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR PLATFORM ACCESS IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). THIS LIMIT DOES NOT APPLY TO AMOUNTS OWED UNDER A SIGNED RESIDENCY AGREEMENT, WHICH HAS ITS OWN TERMS.

These limits apply to the fullest extent permitted by law, and even if a limited remedy fails of its essential purpose. They do not limit liability for gross negligence, wilful misconduct, fraud, or any other liability that cannot be limited under applicable law. Some jurisdictions do not allow the exclusion or limitation of certain damages, so parts of this section may not apply to you.

24. Time limit on claims

To the fullest extent permitted by law, any claim arising out of or relating to the Platform or these Terms must be filed within one year after the claim arose, or it is permanently barred. This section does not apply to claims arising under a Residency Agreement, Guest Stay Agreement or equity instrument, or where a shorter limitation period is prohibited by law.

25. Dispute resolution and 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.

25.1 Informal resolution first. Before starting an arbitration or other proceeding, you agree to contact us at support@livetheresidency.com with a written description of the dispute and the relief you seek, and to give us 30 days to resolve it in good faith. We will do the same before bringing a claim against you. This is a condition precedent to arbitration, and any limitation period is tolled while it runs.

25.2 Binding arbitration. If the dispute is not resolved, you and The Residency agree that any dispute, claim or controversy arising out of or relating to the Platform or these Terms — including their formation, breach, enforcement, interpretation, scope or validity — will be resolved exclusively by final and binding individual arbitration, and not in court, except as stated in 25.5 and 25.6.

25.3 Rules and forum. The arbitration will be administered by the American Arbitration Association (AAA) under its rules then in effect (including the Consumer Arbitration Rules where they apply), before a single arbitrator. The seat will be San Francisco County, California; you may elect to appear by telephone or video, or to have a documents-only proceeding where the AAA rules permit. The Federal Arbitration Act governs this section. The arbitrator may award any relief a court could award to that individual claimant, and judgment on the award may be entered in any court of competent jurisdiction.

25.4 Class action and jury waiver. You and The Residency each waive the right to a trial by jury and agree that claims may be brought only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, private attorney general or representative proceeding. The arbitrator may not consolidate more than one person's claims or preside over any form of representative proceeding. If this paragraph is found unenforceable as to a particular claim or request for relief, that claim or request will be severed and heard in court, and the rest will proceed in arbitration.

25.5 Small claims. Either party may bring an individual claim in small claims court if it qualifies and stays there.

25.6 Injunctive relief and property. Either party may seek temporary or preliminary injunctive relief in a court of competent jurisdiction to prevent unauthorised access to, or misuse of, the Platform or confidential information, or infringement of intellectual property, without waiving this section. Claims concerning occupancy, eviction or possession of real property may be brought in the court with jurisdiction over them where the law so requires.

25.7 Coordinated filings. If 25 or more similar claims are asserted against The Residency by or with the assistance of the same counsel or coordinated parties, the AAA's mass-arbitration or multiple-consumer-case procedures then in effect will apply, and the parties will cooperate to have claims arbitrated in staged batches with a single arbitrator per batch, to reduce cost and delay. Limitation periods are tolled for claims awaiting their batch.

25.8 Your right to opt out. You may opt out of this arbitration agreement by emailing support@livetheresidency.com with the subject line "Arbitration Opt-Out" and your full name and account email, within 30 days of first accepting these Terms. Opting out affects nothing else in these Terms, and will not affect your participation in The Residency.

25.9 Survival. This section survives termination of these Terms and of your account.

26. Governing law and venue

These Terms, and any dispute arising from them, are governed by the laws of the State of California without regard to its conflict-of-laws rules, and by the Federal Arbitration Act as to Section 25. Subject to Section 25, you and The Residency consent to the exclusive jurisdiction and venue of the state and federal courts located in San Francisco County, California, and waive any objection to that venue. Nothing in this section deprives you of the protection of any mandatory consumer-protection or landlord-tenant law of the state in which you reside or in which a residence is located.

27. Changes to these Terms

We may update these Terms from time to time. We will post the updated version with a new "last updated" date and version, and where the change is material we will give reasonable notice — by email or in the Platform — before it takes effect, and may ask you to accept the new version to continue using the Platform. Your continued use after the effective date constitutes acceptance. If you do not agree, stop using the Platform and contact us. Changes do not apply retroactively to a dispute of which we had notice before the change.

28. Force majeure

Neither party is liable for any delay or failure to perform caused by events beyond its reasonable control, including acts of God, fire, flood, earthquake, epidemic or pandemic, public health order, war, terrorism, civil unrest, labour dispute, utility or internet failure, hosting or payment provider outage, or governmental action. This does not excuse any payment obligation already due.

29. General

• Entire agreement. These Terms, the Privacy Policy, and anything they incorporate are the entire agreement between you and us about the Platform, and supersede prior discussions about it.
• Severability. If any provision is held unenforceable, it is modified to the minimum extent necessary or severed, and the rest remains in effect.
• No waiver. Our failure to enforce any provision is not a waiver of it.
• Assignment. You may not assign these Terms without our written consent. We may assign them to an affiliate or in connection with a merger, acquisition, reorganisation or sale of assets.
• No third-party beneficiaries. Except for the indemnified and released parties named above, these Terms create no third-party rights.
• Relationship. Nothing here creates a partnership, joint venture, employment or agency relationship between you and The Residency.
• Export and sanctions. You represent that you are not located in, or a national of, any country subject to comprehensive US sanctions, and are not on any US restricted-party list.
• Headings and interpretation. Headings are for convenience only. "Including" means "including without limitation." These Terms are not construed against the drafter.

30. Contact and required notices

Questions about these Terms, and requests of any kind, go to support@livetheresidency.com, or write to us at The Residency, San Francisco, California.

California residents. Under California Civil Code § 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.