Terms of Service

1. Introduction

These Terms of Service ("Terms") govern your use of IOS Underwriting Model, an online platform for commercial real estate deal analysis, comparables, mapping, and deal storage. By creating an account or using the Service, you agree to these Terms.

2. Account Registration

You must register and maintain an active account to access the Service. You are responsible for keeping your credentials secure and for any activity under your account.

3. Subscription and Fees

The Service is offered on a subscription basis. By subscribing, you agree to pay all fees and charges in accordance with our pricing and billing terms. We reserve the right to adjust pricing with 30 days advance notice.

4. Use of the Service

You agree to use the Service only for lawful and authorized purposes. You shall not:

• Access, tamper with, or use non-public areas of the platform
• Reverse engineer or attempt to extract source code
• Submit unlawful, infringing, or harmful content

5. Data Availability and Storage

We retain your data to support project continuity. We take reasonable precautions to ensure data security but cannot guarantee error-free operation or uninterrupted access.

6. Termination

You may cancel your account at any time through your account settings. We may suspend or terminate your access to the Service for any reason, at any time, with or without notice, including but not limited to violations of these Terms, non-payment, or any conduct we deem inappropriate or harmful to our business or other users.

Data Retention After Termination:

Upon termination of your account, we retain the right to keep and use your User Data in accordance with the license granted in Section 8. We may, but are not obligated to, delete your personal account information. Any data previously incorporated into our commercial products or databases will remain part of those products.

7. Disclaimers

The Service is provided "as is." We disclaim all warranties, express or implied, including merchantability and fitness for a particular purpose. We do not warrant the accuracy or completeness of any data, reports, or outputs.

8. User Data and Content

You retain full ownership of the content and data you submit to the Service ("User Data"), including project files, property records, tenant names, comparable sales or lease data, and notes.

Broad License for Service and Commercial Use:

You grant IOS Yarddogs, LLC a non-exclusive, royalty-free, perpetual, worldwide license to use, reproduce, modify, and distribute your User Data for any purpose related to our business operations, including:

What We May Use:

• Property addresses, locations, and market data
• Tenant names, business types, and contact information
• Comparable sales and lease data, including specific transaction details
• Market terms, conditions, and any other data you submit
• Any insights or trends derived from your data

What We Will NEVER Disclose:

• The source or origin of any specific data point
• Your identity in connection with any specific data
• Your proprietary financial assumptions, IRRs, return metrics, or investment strategies

Commercial Use:

We may use your data (without disclosing its source) to create and monetize:

• Market databases and benchmarking tools
• Industry research reports and analysis products
• Paid data subscriptions or consulting services
• Any other commercial products or services

9. Limitation of Liability

DISCLAIMER OF DAMAGES:

TO THE FULLEST EXTENT PERMITTED BY LAW, IOS YARDDOGS, LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

CAP ON LIABILITY:

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE PAST 12 MONTHS OR $100, WHICHEVER IS GREATER.

BUSINESS DECISIONS:

YOU ACKNOWLEDGE THAT ANY INVESTMENT OR BUSINESS DECISIONS YOU MAKE BASED ON INFORMATION FROM THE SERVICE ARE MADE AT YOUR OWN RISK. WE ARE NOT RESPONSIBLE FOR ANY FINANCIAL LOSSES, MISSED OPPORTUNITIES, OR POOR INVESTMENT OUTCOMES RESULTING FROM YOUR USE OF THE SERVICE.

INDEMNIFICATION:

You agree to indemnify, defend, and hold harmless IOS Yarddogs, LLC and its officers, directors, employees, and agents from any claims, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from your use of the Service or violation of these Terms.

10. Changes to Terms

We reserve the right to modify these Terms at any time in our sole discretion. Your continued use of the Service after any changes constitutes your acceptance of the new Terms. If you do not agree to the modified Terms, your sole remedy is to discontinue use of the Service.

11. Contact

If you have questions about these Terms, contact us at support@iosmodel.com.