Circle Member Terms

The simple version

1. What Circle is, and is not

Circle is a member-to-member information-sharing community. We collect information from members who want to leave an apartment ("Listers") and members who are searching ("Searchers") so members can decide whether they want to connect directly. Any information sharing or connection through Circle is based on information you have authorized us to share.

Leaseswap is not a real estate broker, real estate agent, salesperson, or any other licensee under New York Real Property Law § 440 et seq. We do not list real property for rent on behalf of owners or managing agents, we do not negotiate the terms of any rental, sublease, or lease assignment between members, we do not recommend which member should rent, sublease, assign, or accept any apartment, and we do not collect or hold any compensation in connection with any rental transaction. Any decision to contact another member or enter into a rental, sublease, lease assignment, or new lease is made solely between you, the other member, and the applicable landlord.

Listings displayed in Circle are user-submitted descriptions of apartments. They are not advertisements placed by us, by an owner, or by a managing agent.

2. No fees, key money, or payments between members

You agree that you will not request, accept, offer, or pay any fee, key money, gratuity, finder's fee, broker's fee, or any other consideration in exchange for the rental, sublease, or assignment of any apartment listed through Circle. This includes any consideration in cash, gift cards, services, cryptocurrency, or any other form of value, whether direct or indirect, and whether between members or to or from any third party in connection with a Circle introduction.

For the avoidance of doubt: this restriction is consistent with New York Real Property Law § 226-b and the FARE Act, which restrict the collection of fees in connection with residential rentals in New York City. Violations of this section are grounds for immediate termination of your membership in Circle and may be reported to the appropriate authorities.

Any complimentary Premium subscription credit, early access to Circle, or other service benefit we may provide to a Lister or Searcher is a courtesy service credit from Leaseswap to that member. It is not compensation for brokering or arranging any rental, and it is not paid in exchange for any specific introduction or apartment.

3. Lister representations

If you submit an apartment to Circle as a Lister, you represent and warrant that:

• You are the current legal occupant of the apartment under a valid lease, sublease, or other legal right of occupancy.
• The information you provide — including but not limited to the address, rent, bed/bath count, lease end date, photos, and descriptions — is accurate and complete to the best of your knowledge at the time of submission.
• You have the legal right under your lease, applicable law, and any building rules to (a) leave the apartment on or around the move-out date you describe, and (b) facilitate a handoff to another tenant in the manner you describe (e.g., lease assignment, sublease, or new lease), or you will obtain any required landlord consent before any such handoff occurs.
• The photos you upload are of the apartment you are listing, are taken or owned by you, and you have the right to share them.
• You are not subject to any pending eviction proceeding, holdover, or other legal action that would prevent the handoff you describe.

You agree to update or withdraw your listing promptly if any of these representations becomes inaccurate.

4. Searcher acknowledgments

If you are introduced to a Lister as a Searcher, you acknowledge that:

• We do not verify or vet Listers or apartments. The information you receive is the Lister's own self-reported description.
• You are responsible for conducting your own diligence — including but not limited to visiting the apartment, verifying the Lister's identity and right to handoff, confirming any landlord approval, and reviewing any lease, sublease, or assignment documents — before entering into any rental agreement or paying any deposit.
• You will not pay any fee, key money, deposit, or other consideration to a Lister or to any third party in exchange for the introduction itself or for preferential treatment in any handoff.
• Any deposit, first month's rent, or other lawful payment you make in connection with a rental will be made to the actual landlord or owner of record under the terms of a written lease, sublease, or assignment agreement.

5. Privacy and contact sharing

When you participate in Circle, you control what we share and when. We will not share your full name, contact information, or apartment address with another member except as you specifically authorize during the application flow and any subsequent introductions. Our handling of your information is also governed by our Privacy Policy.

By accepting these Circle Terms you consent to Leaseswap sharing the information you have authorized — typically your first name, move-out timing, apartment description, and a self-written intro blurb — with potential matches. Further contact information (full name, email, phone number) is shared only after mutual interest is confirmed by both members.

6. Conduct rules

You agree that you will not, and will not permit anyone acting on your behalf to:

• Submit false, misleading, or stolen information or images
• List an apartment you do not have the right to leave, sublet, or assign
• Discriminate against any member or applicant on the basis of race, color, religion, national origin, sex, gender identity, sexual orientation, age, disability, marital status, source of income, military status, immigration status, or any other characteristic protected by federal, New York State, or New York City law
• Harass, threaten, or stalk any other member, or contact a member outside of channels they have authorized
• Request or share application documents — including credit reports, full application packages, paystubs, employment letters, or government IDs — through Circle introductions or messages. Those should be handled directly with the landlord under New York City Local Law 79 of 2021 and applicable law, or through our separate rental application packet feature when a licensed agent invites you to use it (governed by the Packet Terms). Circle itself never handles these documents.
• Use Circle to circumvent your lease, your landlord, or applicable rent stabilization or rent control laws
• Use Circle to advertise or solicit any service or business unrelated to a personal apartment handoff

We may suspend or terminate your participation in Circle at any time, with or without notice, if we believe in good faith that you have violated these Circle Terms or otherwise acted in a way that harms other members or the integrity of Circle.

7. No guarantees; "as is"

Circle is provided on an "as is" and "as available" basis. We make no representations or warranties of any kind, express or implied, about the accuracy, completeness, legality, safety, or suitability of any listing, member, apartment, or introduction. We do not guarantee that any introduction will result in a rental, that any rental will close on the timeline described, or that any member will respond to or accept any other member.

To the maximum extent permitted by applicable law, we disclaim all warranties, including any warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade.

8. Limitation of liability

To the maximum extent permitted by applicable law, in no event will Leaseswap, its officers, directors, employees, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from your participation in Circle or any introduction made through Circle.

In no event will our aggregate liability arising out of or relating to your participation in Circle exceed the greater of (a) the amounts you have paid to Leaseswap for the Service in the twelve months preceding the event giving rise to the liability, or (b) one hundred U.S. dollars ($100).

9. Indemnification

You agree to indemnify, defend, and hold harmless Leaseswap and its officers, directors, employees, agents, suppliers, and affiliates from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to (a) your breach of these Circle Terms, (b) any inaccurate, misleading, or unlawful information you submitted to Circle, (c) any rental, sublease, lease assignment, or other transaction you entered into with another member, (d) your violation of any law or the rights of any third party, or (e) any harm caused to another member by your conduct.

10. Other terms

Except as expressly modified by these Circle Terms, your participation in Circle is subject to the Leaseswap Terms of Service, including without limitation provisions regarding governing law, venue, dispute resolution, modification of terms, and definitions.

11. Contact

Questions about these Circle Terms or the Circle program can be sent to [email protected].