Terms of Service

These Terms of Service (the “Terms”) form a binding legal agreement between you (“you,” “your,” or “Customer”) and Kimfortress, LLC, doing business as CRE Lease Abstraction (“we,” “us,” “our,” or the “Company”), governing your access to and use of our website, applications, and services (collectively, the “Service”).

By creating an account, checking the acceptance box, clicking “Create Account,” or otherwise accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, you may not access or use the Service.

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity, in which case “you” refers to that entity.

You must be at least 18 years old and capable of forming a binding contract to use the Service. You represent and warrant that all registration information you submit is accurate and that you will keep it current.

The Service is intended for business and professional use in connection with commercial real estate. It is not directed to consumers for personal, family, or household purposes.

The Service uses artificial intelligence and automated processing to extract, summarize, review, and flag information from lease documents you provide. The Service is a productivity tool intended to assist qualified professionals — it does not replace them.

THE SERVICE DOES NOT PROVIDE LEGAL, FINANCIAL, ACCOUNTING, TAX, INVESTMENT, OR OTHER PROFESSIONAL ADVICE. Any output, abstraction, summary, risk score, red-flag, negotiation tip, or critical-date reminder generated by the Service is provided for informational purposes only and may contain errors or omissions.

You are solely responsible for independently reviewing, verifying, and confirming the accuracy of all output before relying on it or making any decision. You should consult a licensed attorney and other qualified professionals before acting on any information produced by the Service. We are not your lawyer, broker, advisor, or fiduciary, and no attorney-client, agency, or fiduciary relationship is created by your use of the Service.

You are responsible for safeguarding your account credentials and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized use. We are not liable for any loss or damage arising from your failure to protect your credentials.

We may refuse registration, or suspend or terminate any account, at our discretion, including where we reasonably believe these Terms have been violated.

You retain all ownership rights in the lease documents and other materials you upload or submit (“Customer Content”). We do not claim ownership of your Customer Content.

You grant us a limited, non-exclusive, worldwide license to host, store, process, transmit, and display Customer Content solely as necessary to operate, provide, secure, and improve the Service for you and to comply with law. We do not use your Customer Content to train third-party or publicly available AI models, and we do not sell your Customer Content.

You represent and warrant that you have all rights, consents, and authority necessary to upload your Customer Content and to grant the license above, and that your Customer Content and its processing do not violate any law or third-party right (including confidentiality obligations).

You agree not to: (a) use the Service in violation of any law or regulation; (b) upload content you lack the right to upload, or that infringes any third-party right; (c) attempt to gain unauthorized access to the Service or its systems; (d) reverse engineer, decompile, scrape, or copy any part of the Service except as expressly permitted; (e) resell, sublicense, or provide the Service to third parties except as expressly authorized; (f) interfere with or disrupt the integrity or performance of the Service; or (g) use the Service to build a competing product or to benchmark it for a competitor.

We may investigate and take appropriate action, including suspension or termination, against anyone who, in our sole discretion, violates this section.

Certain features require a paid subscription plan or the purchase of prepaid abstraction credits (“Credit Packs”). Prices are as displayed on our pricing page and are stated in U.S. dollars. You authorize us and our payment processor to charge your designated payment method for all applicable fees, plus any taxes.

Subscriptions renew automatically at the end of each billing cycle at the then-current rate until cancelled. You may cancel at any time, effective at the end of your current billing cycle. Free trials and any complimentary allotment of abstractions are provided at our discretion and may be modified or discontinued at any time.

We may change our fees on a prospective basis. Any change will apply to the next billing cycle after notice to you. Your continued use after a fee change constitutes acceptance of the new fees.

Except where required by applicable law, all payments are non-refundable and there are no refunds or credits for partial billing periods, unused subscription allotments, or unused prepaid Credit Packs. Cancelling a subscription stops future charges but does not entitle you to a refund of amounts already paid.

If you believe you were charged in error, contact us within 30 days of the charge and we will review the matter in good faith. Any refund granted is at our discretion unless otherwise required by law.

We want every billing question resolved quickly and fairly. If you have a concern about a charge, you agree to contact us first at [email protected] before disputing the charge with your bank or card issuer. Please include your account email, the date and amount of the charge, and a description of the issue.

We will acknowledge your inquiry within three (3) business days and work in good faith to investigate and resolve it, typically within ten (10) business days. If we determine that a charge was made in error or is otherwise refundable, we will issue a refund or account credit to the original payment method.

You agree not to initiate a chargeback, payment dispute, or reversal with your bank or card issuer without first giving us a reasonable opportunity to resolve the matter as described above. Initiating a chargeback for a valid charge, or in circumvention of this process, is a breach of these Terms.

If a chargeback is filed, we may (a) suspend or terminate your account and access to the Service, (b) submit records of your account activity, acceptance of these Terms, and use of the Service as evidence in response to the dispute, and (c) recover the disputed amount, any associated fees or penalties charged to us by our payment processor, and reasonable costs of collection. We reserve the right to require prepayment or an alternative payment method before restoring access to any account with an unresolved or lost chargeback.

The Service, including all software, models, text, designs, logos, and other materials we provide (excluding Customer Content), is owned by us or our licensors and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Service in accordance with these Terms.

If you provide feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free license to use them without restriction or obligation to you.

The Service may integrate with or rely on third-party services (such as payment processing, authentication, cloud hosting, and AI providers). We are not responsible for the acts, omissions, availability, or content of third parties, and your use of them may be subject to their own terms.

THE SERVICE AND ALL OUTPUT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY OUTPUT WILL BE ACCURATE, COMPLETE, RELIABLE, OR SUITABLE FOR YOUR PURPOSES. YOU USE THE SERVICE AND ITS OUTPUT AT YOUR OWN RISK.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID US IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY AND ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN US.

You agree to defend, indemnify, and hold harmless the Company 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 related to: (a) your Customer Content; (b) your use of the Service; (c) your violation of these Terms or any law; or (d) your violation of any third-party right.

These Terms remain in effect while you use the Service. You may stop using the Service and delete your account at any time. We may suspend or terminate your access at any time, with or without cause, and with or without notice.

Upon termination, your right to use the Service ceases. Sections that by their nature should survive termination (including those relating to Customer Content and licenses, fees and billing, disputes and chargebacks, intellectual property, disclaimers, limitation of liability, indemnification, and governing law and dispute resolution) will survive.

These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws rules. Subject to the arbitration provision below, the state and federal courts located in Texas will have exclusive jurisdiction over any dispute not subject to arbitration.

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered under the rules of a recognized arbitration provider, rather than in court, except that either party may bring an individual claim in small-claims court. YOU AND THE COMPANY AGREE THAT EACH 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. TO THE EXTENT PERMITTED BY LAW, YOU AND THE COMPANY WAIVE ANY RIGHT TO A JURY TRIAL.

We may modify, suspend, or discontinue any part of the Service at any time. We may also update these Terms from time to time. When we make material changes, we will update the “Effective Date” above and, where appropriate, provide additional notice. Your continued use of the Service after changes take effect constitutes your acceptance of the revised Terms.

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service and supersede any prior agreements. If any provision is found unenforceable, the remaining provisions will remain in full effect. Our failure to enforce any right or provision is not a waiver. You may not assign these Terms without our consent; we may assign them freely. Nothing in these Terms creates a partnership, joint venture, or agency relationship.

Questions about these Terms may be directed to us at [email protected], or by writing to Kimfortress, LLC (d/b/a CRE Lease Abstraction).