last modified:
April 19, 2024

Terms

Disclosure

These terms and conditions define the relationship between Landa Holdings, Inc. ("Landa," "the Company," "we," or "us") and the person ("User" or "you") accessing the Landa application downloadable to your mobile device (the "App"). Use the App only if you are 18 years or older, capable of forming a binding contract, and not barred from accessing the App under the laws of the United States or other jurisdictions. If accepting these terms on behalf of an entity, you represent that you are authorized to do so. Use the App in compliance with these terms and all applicable laws and regulations.

By clicking on the accept button or similar links designated by Landa, you enter a legally binding contract. Use of the App and Landa services is conditional on accepting these terms, conditions, and any other rules or policies set by Landa.

Certain services may have additional terms and conditions (“Additional Terms”). If applicable, these will be made available to you and become part of your agreement with us. In conflicts, Additional Terms prevail.

Agreement with Respect to Terms and Conditions

These Terms and Conditions constitute a legally binding agreement between Landa and you. Regularly review these Terms and Conditions, accessible via the App. Acknowledge and accept these Terms and Conditions, and understand they, along with Landa’s Privacy Policy, represent the complete agreement between Landa and you regarding App use.

Privacy Policy and Consent to Use of Data

The App may provide Landa and third-party providers access to users' non-public personal information. Information provided through the App is subject to our Privacy Policy. By accepting these Terms and Conditions, you acknowledge and accept the Privacy Policy.

Landa may collect technical data about your device, system, application software, and peripherals, used to facilitate software updates, product support, and other services related to the App.

Maintain confidentiality of your App log-in credentials. Notify us immediately at hi@landa.app if unauthorized use is suspected. Landa is not responsible for losses from failure to report unauthorized use. Indemnify Landa for any improper, unauthorized, or illegal uses of your credentials.

Electronic Signature and Disclosure Consent Notice

4.1 Transacting Business Electronically

As Landa is app-based, consent to conduct business and receive disclosures electronically through the App or email is required. Accepting these Terms means agreeing to electronic receipt of all documents, communications, notices, contracts, agreements, and IRS Forms related to the App use and services. Disagreeing means not accepting these Terms.

Electronic signatures, recognized by the 2001 E-Sign Act, are stored in the App and hosting provider, including backups. Your e-signature is as legally binding as a handwritten signature. Communications regarding agreements will be via email. Non-receipt of emails due to technical issues or changes on the recipient's end is the recipient's responsibility.

Paper copies of disclosures can be requested at hi@landa.app for up to $5.00 per copy. Requesting paper copies does not withdraw your consent for electronic disclosures. Electronic IRS Forms are accessible for 12 months post-tax year end or 6 months after issuance.

4.2 Consenting to Do Business Electronically

Your consent to receive electronic Disclosures and transact electronically applies to all transactions with Landa or its Affiliates. This consent lasts throughout your use and extends beyond until all relevant Disclosures for transactions during your usage are completed.

4.3 Hardware and Software Requirements

To receive and keep electronic Disclosures, you need Internet access, an email account, compatible web browsers (latest versions of Chrome, Edge, Firefox, IE 11+, Safari 10+), hardware for these browsers, and PDF viewing software like Adobe Acrobat Reader 8.0+. Mobile devices must have apps to download and retain documents. If your device lacks these capabilities, use a compatible one. Accepting these Terms signifies your agreement to this notice.

4.4 Wireless Charges

Your wireless/mobile provider may charge for App use, including text message and data transmission fees.

4.5 TCPA Consent

You consent to receiving calls and messages, including automated and pre-recorded messages, and SMS messages (including texts) from us, Our Affiliates, agents, and others, at any numbers you provide (including cellular).

4.6 Withdrawing Consent

You cannot withdraw your consent as long as you have any outstanding investments made through the App. However, you may withdraw consent to receive electronic delivery of IRS Forms as described in the subscription document(s) applicable to you. Withdrawal of consent to doing business electronically will result in the termination of your registered user account.

4.7 How to Contact Us Regarding Electronic Disclosures

Contact us at hi@landa.app for electronic Disclosures issues. You may also write to us at: Landa Holdings, Inc; 6 W 18 St, New York, NY, 10011. Keep us informed of any changes in your email or mailing address to continue receiving Disclosures timely. Notify us of any changes in your registered email address or telephone number.

You agree to print a copy of these Terms and Conditions for your records and acknowledge that you can access, receive, and retain all Disclosures electronically sent via email or posted on the App.

Securities Offering Matters

5.1 General

Nothing in these Terms and Conditions waives rights not permissible under the Securities Act of 1933, the Securities Exchange Act of 1934, or other securities laws. Securities offered on the App are under Regulation A, available only to “qualified purchasers.” The Securities are illiquid, not publicly traded, and have not been endorsed by regulatory authorities.

Non-US residents cannot access investment opportunities on the App. Use our Services only where legal and authorized. Investment overviews on the App are for informational purposes and should be supplemented with professional advice.

5.2 Documentation

To prove Accredited Investor status and Issuer Covered Person status, you may need to provide documents, complete a subscription agreement, and undergo a background check. Failure to provide these can result in blocked access to the App.

Review the offering circular before investing in securities on the App. Obtain the latest version via hi@landa.app, through the App, or at sec.gov.

Services; Scope of License

The App provides access to Landa’s services and third-party services and websites. The App is licensed, not sold, to you for personal, non-transferable, non-exclusive, non-sublicensable use on devices you own or control. This license does not permit use on devices not owned or controlled by you, nor does it allow distribution or making the App available over a network for use by multiple devices simultaneously.

The license is solely for personal use and does not grant any rights to the App’s content or unique ideas. No ownership rights are transferred under this license. Landa reserves the right to change or remove App content at any time without notice.

Content

All content on the App, including text, videos, graphics, interfaces, photographs, trademarks, logos, artwork, and computer code, is owned, controlled, or licensed by or to Landa. This content is protected by intellectual property and unfair competition laws.

The App and its content are operated and maintained by Landa and its Licensors and Suppliers. Landa retains all rights, titles, and interests in the App and its content. You acknowledge that the App may contain inaccuracies or errors, for which Landa disclaims liability.

Prohibited Uses

You may not copy, reproduce, modify, or distribute the App or its content. Do not use the App for illegal, unlawful, or malicious activities. Prohibited activities include impersonation, harassment, transmitting destructive software, modifying the App, and using automated devices or processes to interact with the App.

Landa reserves the right to take actions to protect itself and its users. Non-compliance with these rules may result in termination of access to the App. Landa is not responsible for any non-conforming use by you.

Your Representations and Warranties

You warrant that all information provided to Landa is accurate, that your use of the App complies with laws and contracts, and that you are at least 18 years old. Landa reserves the right to cancel or suspend transactions due to any breach of these representations or warranties.

Disclaimer of Warranties

The App and services are provided "as is" without any warranties, express or implied. Landa disclaims all warranties, including merchantability, fitness for a particular purpose, and non-infringement. No advice or information from Landa creates a warranty.

The limitations in this section may not apply in jurisdictions that do not allow the exclusion of certain warranties.

Limitations on Liability

Landa is not liable for any personal injury or incidental, special, indirect, punitive, or consequential damages arising from or related to the use of the App. This includes damages for loss of profits, data, or other losses, even if Landa has been advised of the possibility of such damages. The total liability of Landa to you for all damages will not exceed fifty dollars. Some jurisdictions do not allow certain limitations of liability, so this may not apply to you.

Users from New Jersey should note that the "Disclaimer of Warranties" and "Limitations on Liability" sections are intended to be only as broad as permitted under New Jersey law. Any invalid portion under New Jersey law will not affect the validity of the remaining portions of these sections.

Indemnification

You agree to indemnify and hold Landa harmless from any claims arising out of your breach of these Terms and Conditions, fraudulent or malicious use of the App, or violation of laws. This includes indemnification from claims made by third parties due to your breach of these Terms and Conditions.

Amendment

Landa may amend these Terms and Conditions at any time by posting revised terms on the App. Continued use of the App after such posting signifies your acceptance of the revised Terms and Conditions. Amendments will not be binding unless in writing and signed by Landa’s authorized representative or posted on the App by such a representative.

Termination

Landa reserves the right to change, suspend, or disable access to the App and/or Services at any time without notice. Termination of these Terms and Conditions will result in the cessation of all use of the App, and destruction of all copies of the App.

Third Parties

15.1 Exclusivity; Third Party Materials

Services may display or include Third Party Materials or links to Third Party Sites. Landa does not control, endorse, or assume liability for these Third Party Materials or Sites. User discretion is advised when accessing Third Party Sites.

Third Party Materials and Third Party Sites may not be available in all languages or countries. Accessing Third Party Materials or Sites is at the user's own risk and subject to the laws of the user's location.

15.2 Third Party Distribution Channels

Software applications available through Distribution Channels like the Apple App Store or Android Marketplace may be subject to additional terms. These Terms and Conditions are between you and us, not with the Distribution Channel.

Specific terms apply to software used on Apple-branded products ("Apple-Enabled Software"). Landa, not Apple, is responsible for the Apple-Enabled Software and its content. You agree not to use the Apple-Enabled Software in violation of Apple's Usage Rules. Apple has no warranty obligation with respect to the Apple-Enabled Software. Claims related to the Apple-Enabled Software are Landa’s responsibility, not Apple’s.

For software downloaded for use on Android products, the Google Play marketplace terms apply. Google Play is governed by the Google Terms of Service and the Google Play Terms of Service.

15.3 Third Party Service Providers

Services offered through Synapse Financial Technologies, Inc. and its affiliates Synapse Brokerage LLC and Synapse Credit LLC ("Synapse") and Partner Financial Institutions are not affiliated with Landa. Brokerage accounts and cash management programs are provided through Synapse Brokerage, an SEC-registered broker-dealer and member of FINRA and SIPC. More information about Synapse Brokerage is available on FINRA’s BrokerCheck.

Participation in a Synapse cash management program indicates acceptance of Synapse Terms of Service, Privacy Policy, and disclosures in Synapse’s Disclosure Library.

By creating an account with Landa and initiating transactions, you agree to Synapse’s Terms of Service and Privacy Policy. You acknowledge that Synapse may share your information as necessary with their affiliates, Partner Financial Institutions, and other service providers in connection with providing their services. It is your responsibility to ensure the information you provide is accurate and complete. Additionally, you are responsible for complying with Synapse Terms when using your account. All financial transactions are performed by Synapse’s Partner Financial Institutions, a list of which can be found at synapsefi.com/legal. Landa provides access to transaction notifications and account balances and offers customer support for your account.

Synapse’s API, and its relationship with various banks and financial institutions and service providers (each a “Partner Financial Institution”), enables the offering of banking services and products. By agreeing to the Terms of Service, you also agree to Synapse’s and Partner Financial Institution terms and policies:

Synapse Terms of Service: https://synapsefi.com/synapse-tos-cash-management-program
Synapse Privacy Policy: https://synapsefi.com/privacy

Landa acts solely as an intermediary regarding your Account and does not control or hold funds in your Account. To report a complaint related to bank services, email help@Synapsefi.com.

Landa uses Plaid Inc. ("Plaid") to gather user data from financial institutions. By agreeing to these Terms and Conditions, you grant Landa and Plaid the right to access and transmit your personal and financial information from relevant financial institutions. Your personal and financial information will be transferred, stored, and processed by Plaid in accordance with Plaid's Privacy Policy.

You may withdraw your uninvested funds at any time. Interest is not paid on these funds.

Accounts

To use the App, you must establish an Account with Synapse. By establishing an Account and agreeing to the Cash Management Program Agreement, you authorize Synapse to hold your funds. You acknowledge that most Account notifications and communications will be issued by Landa, not Synapse or their Partner Financial Institutions. Landa does not hold or have access to funds in your Account.

To open an Account, Synapse may require your full name, address, date of birth, and social security number. You agree to provide any information requested for Account creation.

Link a bank account to your Account for use. Keep linked account information current, and authorize us to update it using third-party service providers. You may unlink or remove a linked account at any time, provided that you maintain at least one linked account at all times to maintain your Account.

Electronic Fund Transfer Disclosure Statement

The following disclosures are made on behalf of Synapse in accordance with federal law regarding electronic fund transfers to and from your account(s). Limitations on account activity may restrict your ability to make electronic fund transfers.

17.1 Definitions

  • Electronic Fund Transfer includes direct deposits, withdrawals, and transfers initiated via telephone, website, or mobile application.
  • Preauthorized Electronic Fund Transfer means an Electronic Fund Transfer authorized in advance to recur at regular intervals.

17.2 Your Liability

You are liable for all Electronic Fund Transfers that you authorize. Inform us immediately at hi@landa.app if you suspect your account or login credentials are lost, stolen, or compromised. Your liability for unauthorized Electronic Fund Transfers is detailed, including potential loss limits.

Miscellaneous

18.1 No Use

You may not use or export the App except as authorized by US law. The App may not be exported to US embargoed countries or to anyone on US government prohibited lists.

18.2 Commercial Items

The App and related documentation are "Commercial Items" as defined in US regulations. They are licensed only as Commercial Items with rights granted to all end users.

18.3 Notice for California Users

California users have specific consumer rights notices. Contact the California Department of Consumer Affairs for assistance.

18.4 Interpretation

If any part of these Terms and Conditions is invalid or unenforceable, a valid, enforceable provision that most closely matches the intent of the original provision will replace it. The remainder of these Terms and Conditions will continue in effect. These Terms and Conditions and any electronic notices are admissible in legal proceedings.

18.5 Notices

Notices under these Terms and Conditions will be considered given upon personal delivery, the second business day after mailing, sending by confirmed facsimile, or the first business day after sending by email. Notices to you will be sent to the email address you provide to Landa. Notices to Landa must be sent to the following address:

Landa Holdings, Inc
20 W 22 St
New York, NY 10010
Email: hi@landa.app

18.6 No Waiver

Any delay or failure by either party to enforce rights under these Terms and Conditions does not waive those rights. No waiver of any breach will be a waiver of any subsequent breach.

18.7 Successors and Assigns

You may not assign your rights or obligations under these Terms and Conditions. Landa may assign its rights under these Terms and Conditions in certain instances. These Terms and Conditions bind and benefit the parties, their successors, and permitted assigns.

18.8 Governing Law

The laws of the State of New York, excluding its conflict of law rules, govern these Terms and Conditions and your use of the App. Your use of the App may also be subject to other local, state, national, or international laws.