Terms of Service

1. Acceptance of Terms

By accessing or using the TheBrainRE platform and services (collectively, the "Service"), you ("User") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Service. These Terms constitute a legally binding agreement between you and TheBrainRE ("Company," "we," "us," or "our").

2. Description of Service

TheBrainRE is a software-as-a-service (SaaS) platform designed for real estate professionals. The Service provides tools, features, and functionality to assist with real estate workflows, data analysis, and business operations. We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time with or without notice.

3. Eligibility

- To use the Service, you must:

- Be at least 18 years of age;

- Have the legal capacity to enter into a binding agreement;

- Not be prohibited from using the Service under applicable law; and

- Complete the registration process and provide accurate, current, and complete information.

4. User Accounts

4.1 Account Registration

To access most features of the Service, you must create an account by providing a valid email address, creating a password, and any other required information. You agree to provide accurate and complete information and to keep this information up to date.

4.2 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately at [email protected] if you suspect any unauthorized use of your account. We are not liable for any loss or damage arising from your failure to maintain account security.

4.3 Account Termination

We reserve the right to suspend or terminate your account at our sole discretion, with or without notice, for conduct that we determine violates these Terms, is harmful to other users, or is otherwise objectionable.

5. Subscription and Payment

5.1 Fees

Access to certain features of TheBrainRE requires payment of subscription fees. All fees are stated in U.S. dollars and are non-refundable unless otherwise specified.

5.2 Billing

By providing payment information, you authorize us to charge your payment method on a recurring basis for the subscription plan you select. You are responsible for ensuring your billing information is accurate and up to date.

5.3 Changes to Fees

We reserve the right to change our pricing at any time. We will provide at least 30 days' advance notice of any price changes via email to your registered address.

5.4 Taxes

You are responsible for all taxes, levies, or duties imposed by taxing authorities in connection with your use of the Service, excluding taxes based solely on our net income.

6. Acceptable Use

- You agree not to use the Service to:

- Violate any applicable local, state, national, or international law or regulation;

- Transmit any unsolicited or unauthorized advertising or promotional material (spam);

- Impersonate any person or entity or misrepresent your affiliation with any person or entity;

- Upload, post, or transmit any content that is unlawful, harmful, threatening, abusive, or otherwise objectionable;

- Interfere with or disrupt the integrity or performance of the Service or its related systems;

- Attempt to gain unauthorized access to any portion of the Service or any related systems or networks;

- Use automated means (bots, scrapers, crawlers) to access the Service without our express written consent;

- Engage in any activity that could damage, overburden, or impair the Service.

7. Intellectual Property

7.1 Our Property

All content, features, and functionality of the Service, including but not limited to text, graphics, logos, software, and interfaces, are the exclusive property of TheBrainRE or its licensors and are protected by applicable intellectual property laws.

7.2 License to Use

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes.

7.3 User Content

You retain all rights to any content you upload or submit to the Service ("User Content"). By submitting User Content, you grant TheBrainRE a worldwide, non-exclusive, royalty-free license to use, store, and process your User Content solely to provide and improve the Service.

8. Free Trial and Subscription Policy

8.1 Free Trial Period

New users receive a complimentary 30-day free trial upon account creation. No payment information is required during the trial period. At the end of the 30-day trial, you will be prompted to activate a paid subscription to continue accessing the Service.

8.2 Subscription Activation

Once you activate a paid subscription by providing valid payment information and confirming your plan, your subscription is effective immediately and all fees become non-refundable. By activating a subscription, you acknowledge and agree that no refunds will be issued for any subscription fees paid, including partial-month or unused periods.

8.3 Cancellation

You may cancel your subscription at any time by accessing your account settings or by contacting us at [email protected]. Upon cancellation, your access to paid features will continue through the end of your current billing period, after which your account will revert to a limited or deactivated state. Cancellation does not entitle you to any refund of fees already charged.

9. Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the collection and use of information as described in the Privacy Policy.

10. Third-Party Services

The Service may integrate with or link to third-party services, websites, or applications. We do not control and are not responsible for the content, privacy policies, or practices of any third-party services. We encourage you to review the terms and privacy policies of any third-party services you access.

11. Disclaimers

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THEBRAINRE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

The information provided through the Service is for general informational purposes only and does not constitute legal, financial, or real estate advice. You should consult a qualified professional before making decisions based on information from the Service.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THEBRAINRE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

13. Indemnification

You agree to indemnify, defend, and hold harmless TheBrainRE and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with: (a) your access to or use of the Service; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any third-party rights.

14. Dispute Resolution

14.1 Informal Resolution

Before filing any formal legal claim, you agree to first contact us at [email protected] and attempt to resolve the dispute informally for at least 30 days.

14.2 Arbitration

If informal resolution fails, any dispute arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will take place in the state where the Company is registered, and the award shall be final and binding.

14.3 Class Action Waiver

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

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the state in which the Company is incorporated, without regard to its conflict of law provisions.

16. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by posting the revised Terms on our website and sending a notification to your registered email address. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the changes.

17. General Provisions

17.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and the Company with respect to the Service.

17.2 Severability

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

17.3 Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

17.4 Assignment

You may not assign or transfer these Terms or any rights hereunder without our prior written consent. We may freely assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of our assets.