Terms of Service
Last updated: April 23, 2026
Effective date: April 28, 2026
These Terms of Service ("Terms") are a binding contract between you and Malaya Technologies LLC ("Malaya," "we," "us," or "our"), the operator of the Furnished Unfurnished website, platform, and related services (collectively, the "Service" or "Platform"). The Service is a mid-term rental lead-generation marketplace available to users in the United States. By accessing or using the Service, you agree to these Terms, our Privacy Policy, and any posted policies we reference. If you do not agree, do not access or use the Service.
1. Introduction and Acceptance
1.1 Binding effect. By creating an account, clicking "Create account," "I agree," or any similar button, or by otherwise accessing or using the Service, you agree to be bound by these Terms. These Terms form a legal contract between you and Malaya Technologies LLC, and they replace any prior agreement you may have had with us regarding the Service.
1.2 Eligibility. You must be at least 18 years old to use the Service. The Service is not intended for, and may not be used by, anyone under 18. By using the Service, you represent and warrant that you meet this age requirement.
1.3 Capacity and competence. You represent that you have the legal capacity and competence to enter into a binding contract under the laws of the jurisdiction in which you reside. If you are using the Service on behalf of a legal entity (for example, a limited liability company or a partnership), you represent that you are authorized to bind that entity to these Terms, and the words "you" and "your" in these Terms refer to that entity.
1.4 U.S. only. The Service is offered only to users located in the United States. You represent that you are accessing the Service from the United States and that your use complies with applicable U.S. federal, state, and local law.
1.5 Electronic signatures and records. By clicking "Create account," "I agree," or any similar button, or by otherwise accepting these Terms, you consent under the Electronic Signatures in Global and National Commerce Act (E-SIGN, 15 U.S.C. §§ 7001 et seq.) and the Uniform Electronic Transactions Act (UETA) to (i) the use of electronic signatures, (ii) the formation of contracts by electronic means, and (iii) the delivery of electronic records (including these Terms, the Privacy Policy, and any disclosures, notices, or agreements we deliver to you). You may withdraw this consent at any time by closing your account, but withdrawal does not affect the legal effectiveness of records delivered before withdrawal.
2. Who We Are
2.1 Operator. The Service is operated by Malaya Technologies LLC, a Wyoming limited liability company with its operating office at 2 N Central Ave STE 1800, Phoenix, AZ 85004, United States.
2.2 Contact. General legal notices: legal@furnishedunfurnished.com. Additional contact details appear in Section 19.
3. The Service
3.1 Marketplace for leads. The Service is a marketplace that lets property owners and their agents ("Hosts") publish listings for mid-term rentals, and that lets renters and prospective tenants ("Tenants") discover those listings and send inquiries. We connect Hosts and Tenants; we do not facilitate bookings, hold funds, collect rent, or process security deposits.
3.2 Platform neutrality. We are not a party to any lease, rental agreement, booking, reservation, or other contract between a Host and a Tenant. We are not a real estate broker, real estate agent, realtor, property manager, leasing agent, travel agent, or escrow agent. We do not show properties, sign leases, collect deposits, disburse funds, mediate disputes, or otherwise act on behalf of either a Host or a Tenant in a rental transaction. Any lease or rental agreement is entered into directly and solely between the Host and the Tenant.
3.3 No endorsement or verification of every listing. While we apply reasonable measures to deter fraud and abuse, we do not independently verify the identity of every user, the accuracy of every listing, or the legal right of any Host to offer any property for rent. Users are responsible for conducting their own due diligence before entering into any rental relationship.
3.4 Service evolution. We may add, modify, or remove features of the Service at any time. We will give reasonable notice of changes that materially reduce functionality that a paying Host relies on.
4. Your Account
4.1 Accurate information. When you create an account, you must provide accurate, current, and complete information, and you must keep that information up to date. Providing false or misleading information is a material breach of these Terms.
4.2 Security. You are responsible for maintaining the confidentiality of your password, authentication factors, and any device or session that remains logged in. You must notify us at support@furnishedunfurnished.com promptly if you believe your account has been compromised. You are responsible for all activity that occurs under your account, except to the extent caused by our breach of these Terms or our own negligence.
4.3 One human per account. Accounts are personal. Each account is intended for a single human user. You may not share your account, sell access, or let another person use your account.
4.4 Not transferable. Your account, your subscription, and your rights under these Terms are not transferable or assignable by you without our prior written consent. Any attempted transfer in violation of this section is void.
5. Host Terms
Sections 5.1 through 5.8 apply to you if you publish or seek to publish a listing on the Service.
5.1 Subscription required. To publish a listing and receive inquiries, you must maintain an active subscription. The subscription is priced per listing at $9.99 per month or $79.99 per year (plus any applicable taxes). If your subscription lapses, we may pause or unpublish your listing as described in Section 7.
5.2 Listing accuracy. You represent and warrant that every listing you publish is accurate, current, and complete, including the address, price, availability, amenities, photos, and description. You must promptly update or remove any listing that becomes inaccurate. You must own the property or have the lawful right to list it for rent.
5.3 Fair Housing Act compliance. You agree to comply with the federal Fair Housing Act (42 U.S.C. §§ 3601–3619), the regulations of the U.S. Department of Housing and Urban Development (HUD) at 24 C.F.R. Part 100, and all applicable state and local fair housing laws. You will not refuse to rent, refuse to negotiate for the rental of, make unavailable, discriminate against, or express any preference, limitation, or discrimination based on race, color, religion, sex (including sexual orientation and gender identity), familial status, national origin, or disability, or any other class protected under applicable federal, state, or local law in the jurisdiction where the property is located (which may include, without limitation, age, ancestry, marital status, source of income, veteran or military status, arrest or conviction history, and lawful occupation). Listings that express a prohibited preference or limitation are a material breach of these Terms and will be removed.
5.4 Local law compliance. You are responsible for complying with all applicable laws in the jurisdiction where your property is located, including zoning rules, short-term-rental and mid-term-rental ordinances, registration and licensing requirements, building and safety codes, occupancy and nuisance ordinances, homeowner-association rules, and local tenant-protection laws. You are responsible for obtaining any permit or license that your jurisdiction requires before offering the property for rent.
5.5 Tax collection and remittance. You are responsible for collecting, reporting, and remitting any applicable sales tax, occupancy tax, lodging tax, transient occupancy tax, or similar tax in the jurisdiction where your property is located. We do not calculate, collect, or remit these taxes on your behalf.
5.6 Income tax reporting. You are responsible for reporting your rental income on your federal, state, and local income-tax returns. If our payment processor (Stripe, Inc.) processes aggregate payments to you that meet the then-current IRS reporting threshold for Form 1099-K (as of this revision, generally $600 per calendar year under 26 U.S.C. § 6050W, subject to IRS transition relief), Stripe may issue a Form 1099-K to you. Nothing we provide constitutes tax advice. Consult your tax professional.
5.7 Accessibility. You agree not to deny reasonable accommodations and reasonable modifications to tenants with disabilities as required by the Fair Housing Act and Section 504 of the Rehabilitation Act, and you agree to follow any assistance-animal and service-animal rules that apply to your jurisdiction.
5.8 Off-platform conduct. Once a Tenant contacts you, any rental agreement is between you and the Tenant directly. You are responsible for drafting, executing, and enforcing your own lease; for collecting rent and deposits in compliance with state law; for handling maintenance, inspections, and evictions; and for carrying appropriate landlord insurance. We do not provide legal forms, escrow, or rent collection.
6. Tenant and Guest Terms
Sections 6.1 through 6.5 apply to you if you use the Service to browse listings, send inquiries, or submit a housing request.
6.1 Free to use. Tenants use the Service at no cost. We may introduce optional paid features for Tenants in the future; if we do, we will disclose the price and terms before you are charged.
6.2 Truthful inquiries. When you send an inquiry or submit a housing request, you must provide truthful information, including your identity, move-in date, duration, number of occupants, and budget. Do not send inquiries designed to harass, waste a Host's time, or extract personal information under false pretenses.
6.3 Respectful communication. Use the Service's messaging tools respectfully. Harassment, threats, discriminatory language, and abusive conduct violate Section 8 and are grounds for suspension or termination.
6.4 Rental agreements are with the Host. Any lease, sublease, license to occupy, or other rental agreement is between you and the Host directly. We are not a party to that agreement, and we are not responsible for enforcing it. You are responsible for reading and understanding any agreement before signing it.
6.5 Not a booking platform. We do not hold funds. We do not collect rent. We do not escrow security deposits. We do not guarantee any reservation. You should arrange payment directly with the Host using a method you trust, and you should never send funds off-platform to any person whose identity you have not verified (see Section 8).
7. Payments (for Hosts)
7.1 Subscription plans. Host subscriptions are $9.99 per month or $79.99 per year per listing, plus any applicable taxes. Prices are disclosed at checkout and may change prospectively on at least 30 days' advance notice.
7.2 Billing and automatic renewal. Subscriptions are billed in advance through our payment processor, Stripe, Inc., using the payment method you provide. Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. You authorize us and Stripe to charge your payment method for each renewal.
7.3 Cancellation. You can cancel your subscription at any time from your account billing settings. Cancellation stops future renewals.
7.4 Refunds.
- Monthly plans. Monthly subscriptions are non-refundable for the current billing period. If you cancel, your listing stays active through the end of the paid period and then expires. No mid-period refund is provided for monthly plans.
- Annual plans. Annual subscriptions are eligible for a pro-rata refund of the unused portion when you cancel. The refunded amount equals the annual price minus the number of full and partial months used, computed at the monthly price.
- Taxes and fees. Taxes and payment-processor fees may not be refundable even when the subscription itself is.
7.5 Failed payments and grace period. If we cannot charge your payment method, we will notify you and attempt to retry the charge. If payment is not received within a grace period (typically seven days), we may pause or unpublish your listing until your payment is brought current. Sustained non-payment may result in cancellation of the subscription and removal of the listing.
7.6 Chargebacks. If you initiate a chargeback for a subscription charge that is properly owed under these Terms, we may suspend your account while we investigate and, if the chargeback is upheld without a basis under these Terms, we may remove your listings and terminate your account.
8. Prohibited Conduct
You may not, and you agree not to:
- Post discriminatory listings. Publish any listing, message, or content that expresses a preference, limitation, or discrimination on the basis of a class protected under the Fair Housing Act or applicable state or local fair housing law (see Section 5.3). A violation of fair housing law is an automatic ground for removal of the listing and suspension of the account.
- Harass, threaten, or abuse. Send threatening, harassing, hateful, or abusive messages; stalk or repeatedly contact someone who has asked you to stop; or engage in sexual harassment.
- Commit fraud. Misrepresent your identity, list a property you do not have the right to offer, publish fake reviews, create fake inquiries, or launder payments.
- Solicit off-platform payment schemes. Ask another user to send money outside the Service to evade fees, avoid records, or perpetrate fraud; follow instructions from a counterparty to send payment to an external processor or wallet without first independently verifying the counterparty's identity.
- Scrape or automate. Crawl, scrape, harvest, or otherwise collect data from the Service by automated means without our prior written consent; use bots, headless browsers, or scripts to interact with the Service except through a documented API we provide.
- Reverse engineer. Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service, except to the extent that applicable law expressly forbids that restriction.
- Impersonate. Pose as another person, create a false identity, or misrepresent your affiliation with any person or entity.
- Violate intellectual property rights. Upload, post, or share content that infringes copyrights, trademarks, trade secrets, rights of publicity, or other rights of any person.
- Share credentials. Share, sell, or transfer account credentials, API tokens, or session cookies; access the Service using someone else's credentials; or circumvent any authentication, rate-limit, or access control.
- Interfere with the Service. Introduce malware; overload, flood, or probe the Service for vulnerabilities except under a responsible-disclosure arrangement with us; bypass rate limits; or otherwise disrupt the Service's operation.
- Violate law. Use the Service for any unlawful purpose, including money laundering, human trafficking, sanctions evasion, or the illegal sale or distribution of controlled substances.
We may investigate suspected violations, preserve records, remove content, suspend or terminate accounts, cooperate with law enforcement, and pursue any remedy available at law or in equity.
9. Content You Submit
9.1 Your content. "Your Content" means the listings, photos, videos, descriptions, amenities, messages, housing requests, reviews, inquiries, profile information, and any other material you submit to or through the Service.
9.2 Ownership. You retain all ownership rights in Your Content, subject to the license in Section 9.3.
9.3 License to us. You grant Malaya a worldwide, non-exclusive, royalty-free, fully paid-up, sublicensable, transferable license to host, store, cache, reproduce, adapt (for example, resize and re-encode), publicly display, publicly perform, distribute, and make Your Content searchable and discoverable through the Service and through our marketing of the Service (for example, social previews, search results, emails, and push notifications). This license exists only to let us operate, improve, and promote the Service, and it ends for new uses when you delete Your Content or close your account, except that (a) we may retain copies in archival backups for a reasonable period and (b) any third party that received Your Content from the Service before deletion may continue to use it subject to any license you granted that third party.
9.4 Your representations. You represent and warrant that (a) you own Your Content or have all rights, licenses, and permissions necessary to grant the license in Section 9.3; (b) Your Content does not infringe the intellectual property, privacy, publicity, or other rights of any person; and (c) Your Content does not violate any law, including laws against discrimination, defamation, fraud, obscenity, and hate speech.
9.5 Prohibited content. You agree not to submit content that is illegal, discriminatory, infringing, fraudulent, defamatory, obscene, hateful, harassing, threatening, sexually explicit, or otherwise objectionable. We may remove any content that violates these Terms, with or without notice, and we may preserve and disclose content as described in our Privacy Policy or as permitted by law.
9.6 Feedback. If you send us suggestions, ideas, or feedback, you grant us a perpetual, irrevocable, royalty-free license to use that feedback for any purpose without compensation or attribution.
10. Digital Millennium Copyright Act (DMCA)
10.1 Designated agent. We respect the intellectual property rights of others and expect our users to do the same. If you believe that content on the Service infringes your copyright, you may send a notice to our designated agent under the Digital Millennium Copyright Act (17 U.S.C. § 512):
Malaya Technologies LLCAttn: DMCA Agent
2 N Central Ave STE 1800
Phoenix, AZ 85004
United States
Email: dmca@furnishedunfurnished.com
10.2 USCO registration status. Registration of our designated DMCA agent with the U.S. Copyright Office under 17 U.S.C. § 512(c)(2) is in progress. Until registration is complete, claims may be sent to the email address above and will be acted upon within five (5) business days. Once registration is complete, the agent's registered information will control for purposes of 17 U.S.C. § 512 safe harbor.
10.3 Notice requirements. To be effective under 17 U.S.C. § 512(c)(3), your notice must include:
- A physical or electronic signature of the owner (or a person authorized to act on behalf of the owner) of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed (or, if multiple works at a single site are covered by a single notice, a representative list of those works).
- Identification of the material that is claimed to be infringing, together with information reasonably sufficient for us to locate it (for example, the URL of the specific listing or page).
- Your name, mailing address, telephone number, and email address.
- A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement, made under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
10.4 Counter-notice. If you believe content you posted was removed as a result of a mistake or misidentification, you may send a counter-notice to the agent listed above. A counter-notice must contain (a) your physical or electronic signature; (b) identification of the removed material and the location at which it appeared before removal; (c) a statement under penalty of perjury that you have a good-faith belief the material was removed as a result of mistake or misidentification; and (d) your name, address, and telephone number, a statement that you consent to the jurisdiction of the U.S. federal district court for the judicial district in which your address is located (or, if outside the U.S., the District of Wyoming), and a statement that you will accept service of process from the person who provided the original notice. If we receive a compliant counter-notice, we may restore the material after the statutory waiting period unless the original complainant files suit first.
10.5 Repeat infringers. We will, in appropriate circumstances, terminate the accounts of users who are repeat infringers.
11. Disclaimers
11.1 AS IS. THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, MALAYA, ITS AFFILIATES, AND ITS LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
11.2 No guarantee of uptime or accuracy. We do not warrant that the Service will be uninterrupted, secure, timely, or error-free; that defects will be corrected; that data you transmit will not be lost or corrupted; or that the Service or the servers that make it available are free of viruses or other harmful components.
11.3 No verification of listings or users. We do not verify every listing, every Host, or every Tenant. We do not endorse any user, listing, or property. You are responsible for your own due diligence, including confirming the identity of the counterparty, inspecting the property, verifying the right to rent, and reviewing any lease before signing.
11.4 No guarantee of outcome. We do not guarantee that a Host will fill a vacancy, that a Tenant will find housing, that any inquiry will be answered, or that any landlord-tenant relationship will be satisfactory. Any outcome of a rental relationship is between the Host and the Tenant.
11.5 No tax or legal advice. Nothing on the Service constitutes legal, tax, accounting, financial, or real-estate advice. Consult a qualified professional for advice that applies to your situation.
12. Limitation of Liability
12.1 Exclusion of certain damages. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL MALAYA, ITS AFFILIATES, OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12.2 Cap on liability. TO THE FULLEST EXTENT PERMITTED BY LAW, MALAYA'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS ($100) OR (B) THE TOTAL AMOUNT YOU PAID TO MALAYA FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
12.3 Carve-outs. To the maximum extent permitted by Wyoming law, nothing in these Terms limits or excludes liability for (a) gross negligence; (b) willful or intentional misconduct; (c) fraud or fraudulent misrepresentation; (d) personal injury or death caused by our negligence; or (e) any other liability that cannot, as a matter of law, be limited or excluded. If any portion of this Section 12 is held unenforceable, the remainder of this Section 12 will remain in effect to the fullest extent permitted by law.
12.4 Basis of the bargain. You acknowledge that the allocation of risk in these Terms reflects the price of the Service and is an essential basis of the bargain between you and us. These limits apply even if a remedy fails of its essential purpose.
13. Indemnification
13.1 Your indemnification obligations. You agree to defend, indemnify, and hold harmless Malaya, its affiliates, and their respective officers, directors, employees, agents, and licensors from and against any claim, demand, loss, liability, damage, judgment, settlement, fine, penalty, cost, or expense (including reasonable attorneys' fees and court costs) arising out of or relating to (a) Your Content; (b) your use of the Service; (c) your breach of these Terms or any representation or warranty you made in these Terms; (d) your violation of any law, including fair housing, tax, landlord-tenant, or consumer-protection law; (e) your interaction, agreement, or dispute with any other user, including any Host or Tenant; or (f) your infringement or misappropriation of any right of a third party.
13.2 Our control of defense. We may, at our option, assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense. You may not settle any matter without our prior written consent.
13.3 Mutuality. Nothing in this Section 13 shifts responsibility for our own conduct. We remain liable for our own acts and omissions to the extent not limited or excluded elsewhere in these Terms (see Sections 11 and 12).
14. Arbitration and Class-Action Waiver
Please read carefully. This section contains a mandatory binding arbitration clause and a waiver of your right to participate in class actions. It affects your legal rights. You may opt out of arbitration within 30 days as described in Section 14.6.
14.1 Agreement to arbitrate. Except for the exceptions in Section 14.4, you and Malaya agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Service, or our relationship (including their formation, performance, breach, enforcement, interpretation, validity, or termination) will be resolved through final and binding individual arbitration rather than in court. This includes claims that arose before you agreed to these Terms.
14.2 Federal Arbitration Act. The Federal Arbitration Act (9 U.S.C. §§ 1 et seq.) governs the interpretation and enforcement of this Section 14.
14.3 Arbitration procedure. Arbitration will be administered by the American Arbitration Association (AAA) under the AAA Consumer Arbitration Rules in effect at the time the arbitration is commenced (the "Rules"), as modified by these Terms. The Rules are available at www.adr.org. One arbitrator will decide the dispute. The arbitrator has exclusive authority to resolve any question about the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or part of it is unenforceable, except that the enforceability of the class-action waiver in Section 14.5 will be decided by a court of competent jurisdiction. The seat of arbitration is Wyoming; hearings may proceed by telephone, video, or in person as permitted by the Rules. Judgment on the award may be entered in any court of competent jurisdiction.
14.4 Exceptions. The following are excluded from arbitration: (a) an individual action in small-claims court that qualifies under the court's jurisdictional limits, provided the action remains in that court and is not removed or transferred; (b) a request for temporary or preliminary injunctive relief to prevent actual or threatened infringement or misappropriation of intellectual property, violation of confidentiality, or unauthorized access to the Service; and (c) any claim that cannot be arbitrated as a matter of law.
14.5 Class-action waiver; Concepcion severability. You and Malaya each agree that any claim will be brought in an individual capacity only, not as a plaintiff or class member in any purported class, collective, consolidated, representative, or private-attorney-general action. The arbitrator may not consolidate claims or preside over any form of representative proceeding. The arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If this class-action waiver is found to be unenforceable, in whole or in part, with respect to any claim or request for relief, then the entire arbitration agreement in this Section 14 is null and void with respect to that claim or request for relief, and that claim or request for relief must instead be brought in a court of competent jurisdiction under Section 17. The parties do not consent to class, collective, or representative arbitration under any circumstances. The remainder of this Section 14 continues to apply to all other claims and requests for relief.
14.6 30-day opt-out. You may opt out of this Section 14 by sending an email to legal@furnishedunfurnished.com with the subject line "Arbitration Opt-Out" within thirty (30) days after the earlier of (a) the date you first accepted these Terms or (b) the date you first used the Service on behalf of your account. Your opt-out email must include your full legal name, the email address associated with your account, and a clear statement that you intend to opt out of the arbitration agreement. Opting out does not affect any other part of these Terms. If you opt out, the provisions of Section 17 (Governing Law and Venue) apply to any dispute.
14.7 Costs and fees. The arbitrator will allocate filing, administrative, and arbitrator fees consistent with the AAA Consumer Rules. If the Rules require us to pay a portion of those fees, we will pay them. Each party is responsible for its own attorneys' fees unless a statute, rule, or the arbitrator's award provides otherwise.
14.8 Survival. This Section 14 survives termination of these Terms and your relationship with Malaya.
15. Termination
15.1 Termination by you. You may stop using the Service and close your account at any time from your account settings or by emailing support@furnishedunfurnished.com. Closing your account cancels future subscription renewals but does not entitle you to a refund except as provided in Section 7.4.
15.2 Termination by us. We may suspend, limit, or terminate your account, remove your content, or discontinue the Service, with or without notice, if we reasonably believe that (a) you have violated these Terms or applicable law; (b) your account creates legal, reputational, or security risk for us or our users; (c) you have not paid amounts owed; or (d) we are required to do so by law or legal process.
15.3 Survival. The following sections survive any termination or expiration of these Terms and your relationship with Malaya, in each case to the fullest extent permitted by law: Section 4.2 (Security), Section 7.6 (Chargebacks), Section 9.3 (License to us), Section 9.4 (Your representations), Section 9.6 (Feedback), Section 11 (Disclaimers), Section 12 (Limitation of Liability), Section 13 (Indemnification), Section 14 (Arbitration and Class-Action Waiver), this Section 15.3, Section 15.4 (Data retention), Section 17 (Governing Law and Venue), and Section 18 (Miscellaneous), along with any other provision that by its nature should survive termination.
15.4 Data retention. After termination we retain and delete data as described in our Privacy Policy.
16. Modifications
16.1 Changes to the Terms. We may update these Terms from time to time. The revised Terms will be posted on this page with a new "Last updated" date.
16.2 Material changes and notice. If we make a material change (for example, a change to pricing, the arbitration agreement, or the class-action waiver), we will give at least 30 days' advance notice by email, by in-app notice, or both, before the change takes effect, where reasonably feasible.
16.3 Continued use. If you continue to use the Service after the effective date of the updated Terms, you accept the updated Terms. If you do not agree with the update, you may close your account before it takes effect.
17. Governing Law and Venue
17.1 Governing law. These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the State of Wyoming, without regard to its conflict-of-laws rules, and, where applicable, by U.S. federal law (including the Federal Arbitration Act).
17.2 Venue. For any matter not subject to arbitration under Section 14, you and Malaya consent to the exclusive personal jurisdiction and venue of any state or federal court of competent jurisdiction sitting in Wyoming, and each party waives any objection to the jurisdiction of those courts, to the venue of those courts, and to the convenience of those courts.
18. Miscellaneous
18.1 Severability. If any provision of these Terms is held invalid or unenforceable by a court or arbitrator of competent jurisdiction, that provision will be reformed only to the minimum extent necessary to make it enforceable, or, if reformation is not possible, severed from these Terms, and the remaining provisions will remain in full force and effect. The foregoing does not apply to the class-action waiver in Section 14.5, which is governed by the specific severability rule stated in that section.
18.2 Entire agreement. These Terms, together with the Privacy Policy and any additional terms we present to you in connection with specific features, constitute the entire agreement between you and Malaya regarding the Service and supersede any prior agreement on that subject.
18.3 Assignment. You may not assign or transfer these Terms, any account, or any right under these Terms without our prior written consent, and any attempted assignment without consent is void. We may assign these Terms, in whole or in part, without restriction, including to an affiliate, a successor, or an acquirer in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets.
18.4 No waiver. Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision. A waiver is effective only if it is in writing and signed by us.
18.5 Electronic notices. You consent to receive communications from us in electronic form, including by email to the address associated with your account and by notices posted in the Service. Electronic communications satisfy any legal requirement that a communication be in writing.
18.6 Force majeure. Neither party is liable for failure or delay in performing its obligations under these Terms (except for the obligation to pay money) to the extent caused by events beyond its reasonable control, including acts of God, natural disasters (earthquake, hurricane, flood, wildfire), fire, pandemic or epidemic, war, terrorism, civil unrest, government action or order, embargo, labor dispute, strike, internet or telecommunications outage, power outage, cyberattack, or the failure or outage of any third-party service on which the Service depends (including hosting, database, authentication, payment, and email providers).
18.7 No agency. These Terms do not create any agency, partnership, joint venture, franchise, employment, or fiduciary relationship between you and Malaya.
18.8 Third-party beneficiaries. These Terms do not create any third-party-beneficiary rights, except that Malaya's affiliates and its and their respective officers, directors, employees, and agents are intended beneficiaries of Sections 11, 12, and 13.
18.9 Headings and construction. Section headings are for convenience only and do not affect interpretation. The words "including," "includes," and "such as" mean "including without limitation." Any ambiguity will not be construed against the drafter.
18.10 Export controls. You represent that you are not located in, and you are not a national or resident of, any country subject to a U.S. government embargo, and that you are not on any U.S. government list of prohibited or restricted parties.
19. Contact
Questions, legal notices, or requests related to these Terms:
Malaya Technologies LLC2 N Central Ave STE 1800
Phoenix, AZ 85004
United States
Legal inquiries: legal@furnishedunfurnished.com
DMCA notices: dmca@furnishedunfurnished.com
General support: support@furnishedunfurnished.com
Acceptance. By clicking "Create account," "I agree," or any similar button, or by otherwise accessing or using the Service, you acknowledge that you have read, understood, and agreed to these Terms, including the binding arbitration clause and class-action waiver in Section 14 (unless you opt out as described in Section 14.6).
