Terms of Service

These Terms of Service ("Terms of Service" or "Terms") are a legally binding agreement between you ("you" or "your") and TenantQuest ("TenantQuest," "we," "our," or "us") governing your use of the Service and your relationship with us.

You accept and agree to these Terms of Service by:

• Accessing or using the Service
• Clicking to accept these Terms of Service
• Accepting these Terms of Service in any other way

If you do not agree to these Terms of Service, you should not access (and you do not have our permission to access) the Service.

1. SaaS Services and Support

1.1 Subject to the terms of this Agreement, TenantQuest ("Company") will use commercially reasonable efforts to provide Customer the Services, including VOID Analysis reports, demographic data, business intelligence, and tenant recommendations for commercial real estate professionals.

1.2 Subject to the terms hereof, Company will provide Customer with reasonable technical support services via email at support@tenantquest.io.

1.3 Company may modify these Terms and Conditions in our sole discretion by posting updated versions of these Terms of Service on the Website or otherwise providing notice to you. All such changes shall become effective upon the posting of the revised Terms and Conditions on the Website or upon notice to you, as applicable.

2. Restrictions and Responsibilities

2.1 Subject to the terms of this Agreement, Company grants Customer a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services solely for Customer's internal business purposes.

Customers may not:

• Use the Services for purposes beyond those expressly permitted
• Reverse engineer, decompile, disassemble, or attempt to discover the source code or underlying algorithms of the Services
• Develop competing products using the Services
• Use bots, scrapers, or other automated means to access the Services without prior written consent
• Resell, redistribute, or sublicense access to the Service

2.2 Customer may not remove or export from the United States or allow the export or re-export of the Services, Software or anything related thereto in violation of any restrictions, laws or regulations of the United States.

2.3 Customer represents, covenants, and warrants that Customer will use the Services only in compliance with Company's standard published policies then in effect and all applicable laws and regulations. Customer hereby agrees to indemnify and hold harmless Company against any damages, losses, liabilities, settlements, and expenses in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise from Customer's use of Services.

2.4 Customer shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access, or otherwise use the Services. Customer shall also be responsible for maintaining the security of the Equipment, Customer account, passwords, and files, and for all uses of Customer account.

2.5 Customer understands and agrees that it is solely responsible for the review, assessment, and use of any content, data, or recommendations generated by the AI-powered components of the Services ("AI Outputs"). Company disclaims any liability arising from Customer's use of AI Outputs, including any decisions made or actions taken based on such Outputs.

2.6 Customer shall not use the Services to scrape, harvest, or otherwise extract data in bulk, whether through automated tools or manual techniques. Any attempt to use spiders, crawlers, bots, or similar tools to access or extract information from the Services without express written authorization is strictly prohibited.

2.7 Customer acknowledges and agrees that the Services, including any AI-generated content or recommendations, do not constitute legal, financial, or compliance advice. Company disclaims any liability arising from reliance on such outputs, and Customer is solely responsible for obtaining independent professional guidance where required.

3. Confidentiality; Proprietary Rights

3.1 Each party must treat the other's "Proprietary Information" with reasonable care and not disclose it to third parties without permission. Proprietary Information encompasses non-public business, technical, or financial data.

3.2 Customer shall own all right, title, and interest in and to the Customer Data. Company shall own and retain all right, title, and interest in and to (a) the Services and Software, all improvements, enhancements, or modifications thereto, (b) any software, applications, inventions, or other technology developed in connection with the Services, and (c) all intellectual property rights related to any of the foregoing.

3.3 Notwithstanding anything to the contrary, Company shall have the right to collect and analyze data and other information relating to the provision, use, and performance of various aspects of the Services and related systems and technologies, and Company will be free (during and after the term hereof) to (i) use such information and data to improve and enhance the Services and for other development, diagnostic, and corrective purposes, and (ii) disclose such data solely in aggregate or other de-identified form in connection with its business.

4. Payment of Fees

4.1 Customer will pay Company the then applicable fees described in the selected subscription plan for the Services (the "Fees"). If Customer's use of the Services exceeds the credit allocation set forth in the plan, Customer shall be billed for such usage at the overage rate of $0.25 per credit.

Company reserves the right to change the Fees or applicable charges at the end of the then-current billing term, upon thirty (30) days prior notice to Customer (which may be sent by email).

If Customer believes that Company has billed Customer incorrectly, Customer must contact Company no later than thirty (30) days after the closing date on the first billing statement in which the error appeared. Inquiries should be directed to support@tenantquest.io.

4.2 Customer authorizes Company to initiate automatic payments from Customer's provided payment method for all applicable fees under this agreement and its subsequent renewals. All transactions are processed through Stripe and adhere to TenantQuest's Privacy Policy.

4.3 All credits purchased or otherwise obtained by Customer in connection with the use of the Services are subject to the rules and restrictions hereunder. Credits may not be resold or transferred. For paid accounts, credits expire at the end of the billing cycle. No refunds or extensions will be given for unused credits.

4.4 Customer is responsible for all taxes (including sales and use taxes) associated with use of the Service. Such taxes may be set forth on an invoice and shall be paid by Customer as provided in such invoice.

4.5 Upon termination of the Services, Customer's access to the Services and any data therein will be revoked. Company will retain Customer Data for no more than 30 days following termination, after which it will be deleted unless otherwise required by law.

5. Term and Termination

5.1 Subject to earlier termination as provided below, this Agreement remains in effect for the subscription term, and will automatically renew for additional periods, unless either party requests termination at least thirty (30) days prior to the end of the then-current term.

5.2 Customer may cancel their subscription at any time from their account settings. Cancellation takes effect at the end of the current billing period. Customer will retain access to the Service until then.

5.3 Company may immediately suspend or restrict Customer's access to the Services if: (i) Customer breaches this Agreement; (ii) Company reasonably suspects unauthorized, abusive, or unlawful activity; or (iii) Customer's use poses a security or operational risk to the Services. Suspension does not relieve Customer of its payment obligations under this Agreement.

6. Warranty and Disclaimer

Company shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner that minimizes errors and interruptions in the Services. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, or because of other causes beyond Company's reasonable control, but Company shall use reasonable efforts to provide advance notice of any scheduled service disruption.

HOWEVER, COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES ARE PROVIDED "AS IS" AND COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Customer acknowledges that any use of AI functionality is at its own discretion and risk, and Company disclaims all liability related to reliance on AI Outputs for marketing, lead generation, tenant recommendations, or business decisions.

VOID Analysis reports and tenant recommendations are for informational purposes only and should not be the sole basis for business decisions. We recommend conducting additional due diligence before making significant investments or commitments.

7. Indemnity

Company shall hold Customer harmless from liability to third parties resulting from infringement by the Service of any United States patent or any copyright or misappropriation of any trade secret, provided Company is promptly notified of any and all threats, claims, and proceedings related thereto and given reasonable assistance and the opportunity to assume sole control over the defense and settlement.

8. Limitation of Liability

NOTWITHSTANDING ANYTHING TO THE CONTRARY, EXCEPT FOR BODILY INJURY OF A PERSON, COMPANY AND ITS SUPPLIERS, OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS, AND EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER BEYOND COMPANY'S REASONABLE CONTROL; OR (D) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID BY CUSTOMER TO COMPANY FOR THE SERVICES UNDER THIS AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY.

THE LIMITATIONS SET FORTH HEREIN APPLY EQUALLY TO LIABILITY ARISING FROM AI-GENERATED OUTPUTS OR RECOMMENDATIONS.

9. Third-Party Data

The Service incorporates data from third-party sources including:

• Google Places API: Business listings, ratings, and location data are provided by Google and are subject to Google's Terms of Service.
• U.S. Census Bureau: Demographic data is public domain information from the American Community Survey.
• Anthropic Claude: AI-generated content is subject to Anthropic's usage policies.

We do not guarantee the accuracy, completeness, or reliability of third-party data. Such data is provided "as is" without warranty.

10. Miscellaneous

10.1 The individual accepting this Agreement on behalf of Customer represents and warrants that they have full authority to bind Customer to this Agreement.

10.2 If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.

10.3 Customer acknowledges that the AI functionality may evolve over time and that Company may update, suspend, or modify such features without prior notice, provided that such changes do not materially degrade the overall functionality of the Services.

10.4 This Agreement is not assignable, transferable, or sublicensable by Customer except with Company's prior written consent. Company may transfer and assign any of its rights and obligations under this Agreement without consent.

10.5 No agency, partnership, joint venture, or employment is created as a result of this Agreement and Customer does not have any authority of any kind to bind Company in any respect whatsoever.

10.6 This Agreement shall be governed by the laws of the State of California without regard to its conflict of laws provisions.

10.7 Company reserves the right to modify, update, or discontinue any portion of the Services at any time. Where feasible, Company will notify Customer of any material changes that affect core functionality. Continued use of the Services after such modification constitutes acceptance.

10.8 Neither party shall be liable for any failure or delay in performing its obligations under this Agreement if such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, labor strikes, internet outages, or governmental restrictions.

11. Service Level Terms

The Services shall be available 99%, measured monthly, excluding holidays, weekends, and scheduled maintenance. Any downtime resulting from outages of third-party connections or utilities or other reasons beyond Company's control will be excluded from any such calculation.

Customer's sole and exclusive remedy, and Company's entire liability, in connection with Service availability shall be that for each period of downtime lasting longer than one hour, Company will credit Customer 5% of Service fees for each period of 30 or more consecutive minutes of downtime; provided that no more than one such credit will accrue per day.

12. Support Terms

Company will provide Technical Support to Customer via email on weekdays during the hours of 9:00 am through 5:00 pm Eastern time, with the exclusion of Federal Holidays ("Support Hours"). Customer may initiate a support request during Support Hours by emailing support@tenantquest.io. Company will use commercially reasonable efforts to respond to all support requests within one (1) business day.

13. Contact Us

If you have any questions about these Terms, please contact us:

• Email: legal@tenantquest.io
• Support: support@tenantquest.io
• Website: https://tenantquest.io