Terms of Service

1. Agreement to Terms

Welcome to ElefyMove ("we," "us," "our"), operated by Elefy Group Co., Ltd., a company registered under Thai law. These Terms of Service ("Terms") govern your access to and use of our website, mobile applications, and services (collectively, the "Platform").

1A. Platform Role

ElefyMove acts as a broker and intermediary platform connecting landlords with prospective tenants. We facilitate property discovery, communication, payments, and contract execution. However, the lease contract is entered into directly between the landlord and the tenant. ElefyMove is not a party to any rental agreement and does not assume landlord or tenant obligations.

2. Eligibility and User Obligations

To use our Platform, you must:

• Be at least 18 years old (or 20 years for certain transactions under Thai law)
• Have the legal capacity to enter into binding contracts
• Not be prohibited from using our services under applicable law
• Provide accurate, complete, and current information
• Maintain the security of your account credentials

You are responsible for all activities under your account. Notify us immediately if you suspect unauthorized access.

3. Platform Services

ElefyMove provides an online marketplace connecting property owners ("Landlords") with prospective tenants ("Renters") for long-term rentals in Thailand (minimum 1 month).

ElefyMove staff may access in-platform message content only for dispute resolution, safety/fraud investigation, legal compliance, or support you request — see the Privacy Policy for details.

4. Prohibited Conduct

You agree NOT to:

• Provide false or misleading information
• List properties you do not own or have authority to rent
• Discriminate based on race, nationality, religion, gender, or other protected characteristics
• Use the platform for illegal activities
• Harass, threaten, or abuse other users
• Attempt to bypass our payment system
• Scrape data or use automated tools without permission
• Violate any applicable Thai or international law

Violations may result in account suspension or termination, and may be reported to relevant authorities.

5. Payments and Fees

6. Rental Contracts

Rental agreements facilitated through ElefyMove comply with Thai Civil and Commercial Code (Sections 537-571) and the Residential Property Leasing Notification B.E. 2568 (effective September 4, 2025).

• Contracts are generated in Thai and English (both legally valid)
• Digital signatures are legally binding under Thai Electronic Transactions Act
• Security deposit plus advance rent must not exceed 3 months' rent in total. Deposits must be returned within 7 days (no damage) or 14 days (after verified deductions)
• Both parties must honor contract terms for the full rental period
• Tenants may terminate early after occupying for at least 50% of the lease term, with 30 days' written notice and all payments settled
• Rent or service charges cannot be increased during the lease term
• Landlords must provide written invoices for rent and utilities at least 3 days before payment is due
• Landlords cannot enter the property without prior notice (except in emergencies)
• Maximum lease term is 30 years; "30+30+30" renewal clauses have no legal force under Thai law
• Non-compliance with residential leasing regulations may result in up to 1 year imprisonment or THB 200,000 fine, or both
• These regulations apply to landlords with 3 or more residential units

6A. Deposit, Utility & Invoice Rules

6B. Early Termination Rights

Under the 2025 Lease Contract Regulation B.E. 2568, tenants may terminate their lease early without penalty after occupying the property for at least 50% of the total lease term, provided they give the landlord 30 days' written notice and all outstanding payments are settled. Landlords cannot impose early termination penalties, forfeit the security deposit, or charge break-lease fees when this statutory right is exercised. These rights apply to leases with landlords who have 3 or more residential rental units.

6C. Electronic Contracts & Stamp Duty

Digital lease contracts executed on the ElefyMove platform are legally valid and enforceable under the Electronic Transactions Act B.E. 2544 (2001). Electronic signatures, digital document delivery, and online contract execution carry the same legal weight as their paper equivalents. Courts in Thailand accept electronically signed contracts as admissible evidence.

6D. TM30 Foreign Tenant Reporting

Landlords renting to foreign nationals are legally required to file TM30 notification with Thai Immigration within 24 hours of the tenant's check-in, and after each re-entry into Thailand. This is the landlord's legal obligation under the Immigration Act B.E. 2522. Failure to file TM30 on time may result in fines up to THB 10,000 for the landlord and can cause visa and 90-day reporting complications for the tenant. Since May 2025, TM30 can be filed electronically through the Section 38 online portal.

6E. Withholding Tax (WHT)

ElefyMove may act as a withholding tax agent on rental payments as required by the Thai Revenue Code. ElefyMove's current platform practice is to withhold 5% on rental income at source for all landlords, remitted to the Revenue Department. Thai tax law may prescribe a different withholding rate for non-resident landlords; the applicable non-resident rate is under Revenue Department review and this policy will be updated once confirmed. Consult a qualified Thai tax advisor for your specific situation.

• Resident landlords (Thai tax residents): 5% WHT on rental income, deducted at source and remitted to the Revenue Department — current platform practice.
• Non-resident landlords: ElefyMove currently withholds the same 5% rate applied to resident landlords at source; the correct statutory non-resident rate is under Revenue Department review and may change.

6F. Data Protection (PDPA)

Personal data collected through the ElefyMove platform is processed in accordance with Thailand's Personal Data Protection Act B.E. 2562 (PDPA). We collect only the data necessary to facilitate rental transactions, identity verification, and legal compliance (including TM30 filing and tax reporting). Users may request access to, correction of, or deletion of their personal data at any time through their account settings or by contacting our privacy team at [email protected].

6G. Governing Law & Legal Framework

These Terms and all rental transactions facilitated through ElefyMove are governed by the Thai Civil and Commercial Code (Sections 537-571 on Hire of Property), the 2025 Lease Contract Regulation B.E. 2568 issued under the Consumer Protection Act, the Electronic Transactions Act B.E. 2544, and the Personal Data Protection Act B.E. 2562. Disputes may be brought before the Thai courts in Bangkok, provided that nothing in this clause limits any mandatory venue or procedural right you have under applicable Thai consumer-protection law, including any right to bring or defend proceedings in the courts of your own domicile.

7. Limitation of Liability

To the maximum extent permitted by Thai law, our total liability to you for any claims arising from your use of the Platform shall not exceed the amount of fees you paid to ElefyMove in the preceding 12 months.

Nothing in these Terms limits or excludes liability for death or personal injury, for damage caused by an intentional act, or for negligence, or any other liability that cannot be limited under Thai law.

8. Dispute Resolution

We encourage users to resolve disputes amicably. Our dispute resolution process:

1. Direct communication between parties via our platform
2. Review of the documented record (messages, lease, move-in/move-out photos) with ElefyMove support
3. Binding arbitration under Thai Arbitration Institute rules (if agreed)
4. Litigation before the competent Thai courts (ordinarily Bangkok), subject to any mandatory venue right you have under Thai consumer-protection law

9. Changes to Terms

We may update these Terms periodically. Material changes will be notified via email or platform notification at least 30 days in advance. Continued use after changes constitutes acceptance.

10. User Content & Intellectual Property

You retain ownership of the content you post on ElefyMove (reviews, community posts, comments, photos, guides and other materials — "User Content").

By posting User Content you grant Elefy Group a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, display, translate and excerpt that content for the purposes of operating, improving and promoting the platform. This licence ends when your content is deleted, except where retention is required by law.

You represent and warrant that your User Content:

• is your own work or you hold the rights needed to post it;
• does not infringe any third party's intellectual property, privacy or other rights;
• is not unlawful, including under Thai defamation law and the Computer-related Crime Act B.E. 2550 (2007), as amended;
• is accurate and posted in good faith, in the case of reviews and factual claims.

ElefyMove is an intermediary service provider. We do not pre-screen User Content and are not its author or publisher. We may remove, restore or restrict access to User Content in accordance with Section 11 (Notice & Takedown) and our content rules.

You agree to indemnify Elefy Group against claims by third parties arising from User Content you post in breach of this section.

11. Notice & Takedown (Content Removal)

If you believe content on ElefyMove is unlawful or infringes your rights (for example defamation, intellectual-property infringement, or misuse of personal data), you can ask us to remove it. This procedure follows the framework of Thailand's Computer-related Crime Act B.E. 2550 (2007), as amended, and its subordinate notifications.

To submit a removal request, use the in-app "Report" button on the content, or email [email protected] with the subject "Content Removal Request", including:

• a link (URL) to, or clear identification of, the content;
• the reason and legal basis for removal (e.g. defamation, copyright, privacy);
• your name and contact details;
• a good-faith statement that the information in your notice is accurate.

We will review complete notices and, where content is unlawful or violates these Terms, remove or disable access to it without undue delay and within the timeframes prescribed by applicable law. Where appropriate we may notify the person who posted the content, who may submit a counter-statement. Accounts that repeatedly post unlawful or infringing content may be suspended or terminated.

ElefyMove cooperates with lawful orders of Thai courts and competent officials under the Computer-related Crime Act.

The full procedure is described on our Content Removal page.

12. Role-Specific Supplemental Terms

These Terms are the master agreement for everyone who uses ElefyMove. Depending on how you use the platform, additional role-specific terms also apply and bind you when you start using that role. One account can hold several roles — each applicable set of terms applies.

• Tenants — the booking, payment, deposit and rental-contract provisions of these Terms (Sections 5–6) plus our Refund Policy and Deposit Policy.
• Landlords & agents — the Landlord Terms of Service in the Landlord Portal, covering listings, commissions, payouts and legal obligations.
• Community contributors — the Community Content Rules, covering reviews, posts and other User Content.
• Affiliates — the Affiliate Programme Terms, covering referral links, commissions and permitted promotion.

If a role-specific document conflicts with these master Terms for that activity, the role-specific document prevails.