SEB Housing Waitlist Management Platform

TERMS OF SERVICE

Effective Date: 06/17/2026 · Last Updated: 06/17/2026

These Terms of Service ("Terms") constitute a legally binding agreement between SEB Housing ("Company," "we," "us," or "our") and you ("User," "you," or "your") governing your access to and use of the SEB Housing Waitlist Management Platform (the "Platform"). By accessing or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE PLATFORM. YOUR CONTINUED USE OF THE PLATFORM AFTER ANY MODIFICATION TO THESE TERMS BY US SHALL CONSTITUTE YOUR ACCEPTANCE OF SUCH MODIFICATIONS.

1. DEFINITIONS

As used in these Terms, the following definitions apply:

• "Applicant Data" means personal information submitted by or on behalf of housing applicants, including but not limited to names, contact information, household composition, income and asset information, and eligibility documentation.
• "Authorized User" means any individual granted access to the Platform, either directly or indirectly by SEB, and may include leasing agents, property managers, compliance officers, and administrative staff.
• "Housing Organization" means any public housing authority, non-profit housing provider, governmental entity, income-restricted housing developer, property management company, or similar entity that uses the Platform to manage waitlists or to complete any other tasks related to the administration of income-restricted housing units or programs.
• "Platform" means the SEB Housing Waitlist Management Platform software-as-a-service application, including all associated websites, APIs, tools, code base, and services provided by the Company.
• "Program Rules" means the federal, state, and local regulations, policies, and guidelines applicable to a Housing Organization's affordable housing programs, including HUD regulations, Low-Income Housing Tax Credit (LIHTC) requirements, and other applicable program requirements.
• "Sensitive Personal Information" means Applicant Data that includes income verification records, disability status, household composition, criminal background information, or any other category of information protected under applicable law.

2. ACCEPTANCE AND ELIGIBILITY

2.1 Eligibility

The Platform is intended for use by Housing Organizations and their Authorized Users. By accessing the Platform, you represent and warrant that:

• You are at least 18 years of age and have the legal capacity to enter into binding agreements;
• You are accessing the Platform on behalf of a Housing Organization that has executed a separate service agreement with the Company, or you are an Authorized User granted access by such a Housing Organization;
• You have the authority to bind your Housing Organization to these Terms, if applicable;
• Your use of the Platform will comply with all applicable federal, state, and local laws and regulations.

2.2 Account Registration

To access the Platform, Authorized Users will receive an email invitation to log into their user account using the email address they have provided to the Company. The invitation will direct the Authorized User to a log in page where they will be asked to create a password and log into the Platform. As an Authorized User, you are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify the Company immediately of any unauthorized access to or use of your account.

2.3 Modifications of Terms

The Company reserves the right to modify these Terms at any time. We will provide notice of material changes by posting the revised Terms on the Platform and/or by email. Your continued use of the Platform following such notice constitutes acceptance of the modified Terms.

3. PLATFORM LICENSE AND ACCEPTABLE USE

3.1 License Grant

Subject to these Terms and payment of applicable fees, the Company grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform solely for your Housing Organization's internal waitlist management purposes in connection with income-restricted housing programs.

3.2 Permitted Uses

Authorized Users may use the Platform to:

• Manage and maintain housing waitlists for income-restricted housing programs;
• Track housing applications;
• Communicate with applicants regarding waitlist status, required documentation, and unit availability;
• Reference historical information needed for a compliance report or an audit as relates to proper administration of the Waitlist;
• Coordinate unit reservations and lease-up activities;
• Store and manage Applicant Data in accordance with applicable law.

3.3 Prohibited Uses

You agree not to use the Platform to:

• Violate any applicable federal, state, or local law or regulation, including the Fair Housing Act (42 U.S.C. § 3601 et seq.), the Americans with Disabilities Act, the Fair Credit Reporting Act, or any applicable Program Rules;
• Discriminate against any housing applicant on the basis of race, color, national origin, religion, sex, familial status, disability, or any other protected class under applicable law;
• Access, collect, or process Applicant Data for any purpose other than the administration of legitimate income-restricted housing programs;
• Share, sell, or otherwise disclose Applicant Data to third parties except as required or permitted by law or with express authorization;
• Attempt to circumvent, disable, or interfere with security features of the Platform;
• Reverse engineer, decompile, or disassemble any component of the Platform;
• Use automated scripts or bots to access or interact with the Platform;
• Upload or transmit malicious code, viruses, or any other harmful software;
• Misrepresent applicant eligibility status or falsify documentation;
• Damage, disable, or impair the Platform or interfere with any other party's use or to intentionally or recklessly damage the Company's reputation, business relationships, or good will.

4. FAIR HOUSING AND NON-DISCRIMINATION

4.1 Fair Housing Compliance

The Platform is designed to facilitate waitlist creation and management and the efficient and orderly lease up of vacant income-restricted units. However, the Housing Organization remains solely responsible for ensuring that its waitlist management practices, selection criteria, and all related activities comply with Program Rules and all applicable federal, state, and local fair housing laws and regulations.

4.2 Equal Access

Housing Organizations must, to the extent practicable, ensure that the Platform is used in a manner that provides meaningful and equal access to all eligible applicants, including individuals with disabilities, individuals with limited English proficiency, and other protected populations. This includes, without limitation, providing reasonable accommodations and accessible formats as required by law, and in instances where the Platform cannot be modified to provide equal access, Housing Organization must employ alternative means to ensure equal access.

4.3 Reasonable Accommodations

Housing Organizations are responsible for honoring all reasonable accommodation requests from applicants with disabilities in connection with their use of the Platform, including requests for alternative methods of application or communication, and in instances where the Platform cannot be modified to provide a reasonable accommodation, Housing Organization must employ alternative means to address the accommodation.

4.4 No Warranty of Compliance

The Company provides the Platform as a tool to assist with waitlist management. The Company does not warrant that use of the Platform, standing alone, will ensure compliance with all applicable fair housing, civil rights, or program regulations. Housing Organizations are responsible for adopting and implementing appropriate policies, training, and oversight.

5. APPLICANT DATA AND PRIVACY

5.1 Data Ownership

Housing Organizations retain ownership of all Applicant Data submitted to or processed through the Platform. The Company processes Applicant Data solely as a data processor on behalf of the Housing Organization in accordance with the Company's Privacy Policy and any applicable data processing agreement.

5.2 Housing Organization Responsibilities

Each Housing Organization is responsible for:

• Ensuring that the collection and use of Applicant Data complies with all applicable privacy laws, including the Privacy Act of 1974 (where applicable), state privacy laws, and applicable HUD regulations;
• Keeping property information current in the Platform to ensure intended functionality, including, but not limited to, number of available units, property addresses, asking rents, minimum income criteria, and other key property information;
• Maintaining appropriate records retention and destruction policies for Applicant Data;
• Promptly notifying the Company of any suspected unauthorized access to or disclosure of Applicant Data;
• Limiting Platform access to Authorized Users with a legitimate need to access Applicant Data.

5.3 Data Security

The Company employs industry-standard technical and organizational security measures to protect Applicant Data against unauthorized access, disclosure, alteration, or destruction. However, no data transmission over the internet or electronic storage system is completely secure, and the Company cannot guarantee absolute security.

5.4 Sensitive Personal Information

The Platform may process Sensitive Personal Information. Authorized Users must handle Sensitive Personal Information with heightened care, use it only for its intended purpose, and comply with all applicable laws governing such information.

5.5 Data Breach Notification

In the event of a confirmed data breach affecting Applicant Data, the Company will notify the affected Housing Organization and affected applicants in accordance with applicable law. Housing Organizations also remain responsible for notifying affected applicants as required by law.

6. PROGRAM COMPLIANCE

6.1 Program Rules

Housing Organizations are solely responsible for using the Platform and operating their waitlists in accordance with all applicable Program Rules. Company is not liable for any intentional or negligent misuse of the Platform which results in violation of Program Rules.

6.2 Recordkeeping

Housing Organizations are responsible for maintaining all records required by applicable Program Rules, including documentation related to denials of applicants issued by the Housing Organization, or documentation relating to the population or administration of the Waitlist.

6.3 Audits and Examinations

Housing Organizations acknowledge that their waitlists and related records may be subject to audit or examination by state agencies, monitoring agents, and/or other regulatory bodies. Housing Organizations are responsible for responding to and cooperating with any such audits or examinations, including producing records in its possession that are generated through the Platform.

7. FEES AND PAYMENT

7.1 Subscription Fees

Access to the Platform is subject to payment of subscription fees as set forth in a separate agreement or pricing schedule agreed upon between the Housing Organization and the Company ("Fee Schedule").

7.2 Payment Terms

Fees are due and payable in accordance with the terms set forth in the applicable Fee Schedule. Failure to pay fees when due may result in suspension or termination of access to the Platform.

7.3 Changes to Fees

The Company reserves the right to modify its fees upon reasonable advance notice. Continued use of the Platform following notice of a fee change constitutes acceptance of the revised fees.

7.4 Refunds

Except as expressly provided in the applicable service agreement, all fees are non-refundable.

8. INTELLECTUAL PROPERTY

8.1 Company Ownership

The Company retains all right, title, and interest in and to the Platform, including all software, algorithms, user interfaces, documentation, code base and related intellectual property. These Terms do not grant you any ownership interest in the Platform.

8.2 Feedback

If you provide feedback, suggestions, or ideas regarding the Platform, you grant the Company a perpetual, irrevocable, royalty-free license to use such feedback for any purpose without compensation or attribution to you.

8.3 Trademarks

SEB Housing, LLC and Sebastion are trademarks of the Company. You may not use these marks without the Company's prior written consent.

9. DISCLAIMERS

9.1 Disclaimer of Warranties

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

9.2 No Legal Compliance Warranty

THE COMPANY DOES NOT WARRANT THAT USE OF THE PLATFORM WILL ENSURE COMPLIANCE WITH ALL APPLICABLE PROGRAM RULES, FAIR HOUSING LAWS, PRIVACY LAWS, OR OTHER APPLICABLE REGULATIONS. HOUSING ORGANIZATIONS ARE RESPONSIBLE FOR INDEPENDENTLY VERIFYING THAT THEIR PRACTICES COMPLY WITH ALL APPLICABLE REQUIREMENTS.

9.3 Third-Party Services

The Platform may integrate with or link to third-party services. The Company makes no representations or warranties regarding third-party services and is not responsible for their availability, accuracy, or compliance with applicable law.

10. LIMITATION OF LIABILITY

10.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE PLATFORM, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.2 Cap on Liability

THE COMPANY'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE TOTAL FEES PAID BY YOUR HOUSING ORGANIZATION TO THE COMPANY FOR USE OF THE PLATFORM IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

10.3 Essential Basis

THE LIMITATIONS SET FORTH IN THIS SECTION REFLECT A REASONABLE ALLOCATION OF RISK AND ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE COMPANY WOULD NOT PROVIDE THE PLATFORM WITHOUT THESE LIMITATIONS.

11. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your violation of these Terms;
• Your use of the Platform in violation of applicable law, including fair housing laws or Program Rules;
• Any Applicant Data you submit to or process through the Platform;
• Any eligibility determination, waitlist decision, or other action taken by your Housing Organization;
• Any claim by a housing applicant arising from your Housing Organization's waitlist management practices;
• Any third-party claim arising from your negligent or unlawful use of the Platform.

12. TERM AND TERMINATION

12.1 Term

These Terms remain in effect for the duration of your Housing Organization's subscription to the Platform, unless earlier terminated in accordance with these Terms.

12.2 Termination by You

Your Housing Organization may terminate its subscription to the Platform in accordance with the terms of the applicable service agreement.

12.3 Termination by Company

The Company may suspend or terminate your access to the Platform, with or without notice, if:

• You materially breach these Terms and fail to cure such breach within thirty (30) days of written notice;
• Your Housing Organization fails to pay applicable fees;
• The Company reasonably believes your use of the Platform poses a risk to the Platform, other users, the Company, or housing applicants;
• Your Housing Organization is subject to a regulatory action or debarment that affects its ability to operate housing programs;
• Required by applicable law or court order.

12.4 Effect of Termination

Upon termination, your right to access and use the Platform ceases immediately. The Company will provide reasonable assistance in the export of Applicant Data upon request within thirty (30) days following termination, subject to applicable law and the terms of any data processing agreement. Sections 5, 8, 9, 10, 11, 13, and 14 survive termination.

13. DISPUTE RESOLUTION

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Massachusetts without regard to conflict of law principles.

13.2 Informal Resolution

Before initiating any formal dispute resolution, the parties agree to attempt to resolve any dispute through good-faith negotiation for a period of thirty (30) days following written notice of the dispute.

13.3 Arbitration

Any dispute that cannot be resolved through informal negotiation shall be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, with proceedings conducted in Massachusetts. Judgment on the arbitration award may be entered in any court of competent jurisdiction.

13.4 Class Action Waiver

YOU AND THE COMPANY AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

13.5 Government Entity Exception

Notwithstanding the foregoing, if a Housing Organization is a governmental entity, to the extent that applicable law prohibits binding arbitration or class action waivers, such provisions shall not apply, and disputes shall be resolved in accordance with applicable law.

14. GENERAL PROVISIONS

14.1 Entire Agreement

These Terms, together with the Privacy Policy and any applicable service agreement or order form, constitute the entire agreement between you and the Company regarding your use of the Platform and supersede all prior agreements and understandings. In the event of conflict between this Agreement and any Service Agreement, the applicable Service Agreement shall control.

14.2 Amendments

Except as provided in Section 2.3, these Terms may not be modified except by a written amendment signed by authorized representatives of both parties.

14.3 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

14.4 Waiver

The Company's failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

14.5 Assignment

You may not assign or transfer your rights or obligations under these Terms without the Company's prior written consent. The Company may assign these Terms in connection with a merger, acquisition, or sale of assets.

14.6 Force Majeure

Neither party shall be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including natural disasters, pandemics, acts of government, or internet outages.

14.7 Notices

All notices to the Company under these Terms shall be sent to the email address associated with your account.

14.8 Accessibility

The Company is committed to making the Platform accessible to individuals with disabilities in accordance with applicable law. Housing Organizations requiring accessibility accommodations should contact the Company at the address above.

Contact

Questions about these Terms should be directed to: alex@sebhousing.com