Terms and Conditions for OfferGun
Last updated: February 5, 20251. Introduction
Welcome to OfferGun ("we," "our," or "us"), a service provided by Acquisitions Intelligence LLC (doing business as OfferGun). These Terms and Conditions ("Terms") govern your access to and use of our website and services (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms.2. Description of Service and Right to Use
2.1 Service Definition
OfferGun is a comprehensive document automation service designed to streamline and enhance the real estate offer process. Our technology enables real estate professionals to efficiently process and complete their existing documents through an intuitive digital interface. The Service operates as a document automation platform that processes documents solely at user direction, maintaining existing workflows while improving accuracy and efficiency. Users upload their own documents to their private accounts, and our Service provides the technical tools necessary to complete and manage these documents effectively.The Service functions purely as a document processing tool and does not provide, store, distribute, or maintain any document libraries or templates. The Service is available exclusively to individuals who are 18 years of age or older and is intended for professional business use.2.2 Limited Right to Use
You may access and use the Service for your internal business purposes and only as expressly permitted in these Terms. Any violation of the restrictions contained in this Section may result in the immediate termination of your right to use the Service, as well as potential liability for infringement or other claims depending on the circumstances. You agree not to use the Service for any purpose other than as specifically authorized herein.2.3 Service Availability
Our Service may be accessible worldwide; however, this does not mean all Services are available in your country, or that content accessible via the Service is legal or available in your country. We may block access to certain Services (or certain Service features) in certain countries. It is your responsibility to ensure your use of the Service is legal where you use it. Services are not available in all languages.2.4 Technical Requirements
You acknowledge and agree that you are solely responsible for meeting and maintaining all technical requirements necessary to access the Service. These requirements may change from time to time at our discretion. We are not responsible for your inability to access the Service due to your hardware, software, or internet connectivity.3. User Rights and Responsibilities
3.1 Document Rights Requirements
You represent and warrant that you possess all necessary rights, licenses, and permissions for any document uploaded to or processed through the Service. This includes, without limitation, copyright ownership or valid license rights, distribution rights, modification rights, and all necessary authorizations from document owners. You acknowledge that the Service processes documents solely at your direction and that you maintain full responsibility for ensuring all necessary rights are obtained and maintained.3.2 Content Restrictions
You are expressly prohibited from uploading, processing, or using any content that infringes upon any copyright, trademark, or other intellectual property right. Furthermore, you may not use any content that violates any license, terms of service, or other agreement with the content owner. Content requiring specific licenses or permissions may only be used when you have obtained and maintain such authorizations. We reserve the right to remove any content and suspend or terminate accounts that violate these restrictions.3.3 License and Rights Verification
When using regulated or licensed content, you must maintain all necessary licenses and authorizations throughout your use of the Service. We reserve the right to request verification of your rights and licenses at any time. During any verification process, we may suspend processing of regulated content until you provide satisfactory proof of authorization. You agree to promptly provide documentation of your rights upon request.3.4 Copyright Claims Process
Upon receipt of a copyright claim regarding content processed through your account, we will take appropriate action as required by law and these Terms. This may include immediate suspension of the disputed content processing. You will be required to provide proof of your rights within five (5) business days of notification. Accounts with repeated copyright violations may be terminated at our sole discretion. We maintain detailed records of all claims and resolutions and cooperate fully with copyright holders' legitimate claims.3.5 Third-Party Rights
You expressly warrant that your use of the Service will not infringe any third-party rights, including but not limited to intellectual property rights, privacy rights, or contractual rights. You must maintain compliance with all applicable licenses and obtain any necessary authorizations before using the Service to process third-party content. You bear sole responsibility for ensuring all usage complies with applicable rights and restrictions.4. Account Management and Security
4.1 Account Registration
To use our Service, you must create an account by providing accurate, current, and complete information during the registration process. You agree to promptly update this information to maintain its accuracy. We reserve the right to suspend or terminate accounts containing false or outdated information.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 must immediately notify us of any unauthorized use of your account or any other breach of security. We will not be liable for any losses caused by unauthorized use of your account, provided we have followed our standard security procedures.4.3 Administrator Authority
If you designate an account administrator, you acknowledge that such administrator's actions are binding on your organization. Administrator actions may include, but are not limited to, configuring settings, managing access rights, accepting terms, and modifying account features. You are responsible for maintaining appropriate administrator access controls and promptly updating administrator designations when needed.4.4 Account Transfer
Any transfer of account ownership requires our express written consent. We may require documentation and impose conditions on any transfer request. The original account owner remains liable for all activities and charges until a transfer is formally approved and completed. We reserve the right to deny transfer requests at our sole discretion.5. Service Operation and Delivery
5.1 Service Performance
While we strive to maintain high availability of the Service, we do not guarantee uninterrupted or error-free operation. The Service may be subject to limitations, delays, and other problems inherent in the use of internet and electronic communications. We are not responsible for any delays, delivery failures, or other damages resulting from such problems.5.2 Service Dependencies
You acknowledge that the Service may rely on third-party services, infrastructure providers, and external APIs. We are not responsible for any failures, interruptions, or degradation in Service quality caused by dependencies outside our direct control. We maintain the right to change service providers and dependencies as needed to maintain Service operation.5.3 System Requirements
We may update system requirements at any time. You agree to maintain compatible systems and software to ensure continued Service access. Updates may require you to modify or upgrade your systems. You bear all costs associated with maintaining compatible systems and meeting technical requirements.6. Privacy and Data Handling
6.1 Privacy Commitment
We respect user privacy and document confidentiality. Our collection and use of personal information in connection with your access to and use of the Service is described in our Privacy Policy. We implement reasonable security measures to protect your personal information from unauthorized access, destruction, or disclosure, as required by applicable law. We process documents solely at user direction and maintain strict data privacy controls in accordance with our Privacy Policy.6.2 Data Protection and Recovery
While we maintain system-level backups for our own disaster recovery purposes, you are solely responsible for maintaining backups of any data you upload to or process through the Service. We do not guarantee the retrieval or recovery of any data. You acknowledge that data recovery may be limited or impossible in certain circumstances. Our backup systems are designed for system restoration only and should not be relied upon for individual data recovery.6.3 Records and Retention
You are solely responsible for maintaining records of your transactions and activities conducted through the Service. While we maintain certain system logs, we are not your record keeper and may delete data according to our retention policies. You must independently retain any records required for your business, legal, or regulatory purposes. We may maintain certain information after account termination as required by law or for legitimate business purposes.6.4 Usage Data and Analytics
We may collect, generate, store, and use diagnostic and usage-related data, including but not limited to service usage patterns, performance metrics, and system analytics. We own all right, title, and interest in such usage data and may use it for our business purposes, including service improvement, customer support, and product development. Any usage data we disclose will be de-identified and aggregated.7. Subscriptions and Billing
7.1 Free Trial
We offer a seven (7) day free trial of our Service. You may cancel your subscription during the trial period without incurring any charges. At the end of the free trial period, you will be automatically charged the applicable subscription fee unless you cancel your subscription before the trial period ends. Some features may be limited during the trial period, and we reserve the right to modify or terminate free trials at our discretion.7.2 Subscription Terms
All subscription fees are billed in advance and are non-refundable. You may cancel your subscription at any time, and you will retain access to the Service until the end of your current billing cycle. We do not provide refunds for partial use of the Service or for unused periods following cancellation. You are responsible for all charges incurred under your account until it is properly cancelled.7.3 Service Credits and Adjustments
Any service credits or adjustments issued must be used within the billing period in which they are issued and will expire thereafter. Credits have no cash value and cannot be transferred or combined with other offers. We reserve the right to determine the conditions and duration of any credits or adjustments issued.7.4 Billing Disputes
You must notify us of any billing disputes within thirty (30) days after the disputed charge first appears on your account. Disputes must be submitted in writing and include detailed information about the disputed charge. Your right to dispute any charge is waived if not brought to our attention within this thirty-day period. We will review and respond to all properly submitted billing disputes in good faith.8. Intellectual Property Rights
8.1 Service Ownership
The Service and its original content, features, and functionality are owned by Acquisitions Intelligence LLC and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. All rights, title, and interest in and to the Service and its content remain with us. Any rights not expressly granted in these Terms are reserved by us.8.2 User Content
You retain all rights to any content you upload to the Service. By using the Service, you grant us a limited license to store, copy, and process your content solely as necessary to provide and maintain the Service. We claim no ownership rights over your content and will not use it for any purpose beyond providing the Service.8.3 Feedback License
By providing any suggestions, ideas, enhancement requests, recommendations, or other feedback about the Service ("Feedback"), you grant us a royalty-free, worldwide, transferable, sub-licensable, irrevocable, and perpetual license to use or incorporate such Feedback into our services without restriction. You represent and warrant that you have the necessary rights to grant us this license to the Feedback.9. Legal Framework
9.1 Limitation of Liability
To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from your access to or use of or inability to access or use the Service. Our total liability for any claim arising from or relating to these Terms or our Service shall not exceed the amount you paid to us during the twelve (12) months preceding the claim.9.2 Warranty Disclaimers
The Service is provided "as is" and "as available" without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We make no warranty that the Service will be uninterrupted, timely, secure, or error-free. You acknowledge that we do not control the transfer of data over communications facilities, including the internet, and that the Service may be subject to limitations, delays, and other problems inherent in the use of such communications facilities.9.3 Indemnification
You agree to defend, indemnify, and hold harmless Acquisitions Intelligence LLC and its officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your use of the Service or any violation of these Terms. This includes, but is not limited to, claims related to your uploaded documents, violation of third-party rights, or failure to comply with applicable laws and regulations.9.4 Force Majeure
Neither party shall be liable for any failure or delay in performance under these Terms due to causes beyond its reasonable control, including but not limited to, acts of God, war, terrorism, pandemic, changes in laws or regulations, labor strikes or difficulties, communications systems breakdowns, hardware or software failures, transportation stoppages or slowdowns or the inability to procure supplies or materials.10. Service Termination
10.1 Termination Rights
You may terminate your account at any time by following the cancellation procedures outlined in your account settings or by contacting our support team. We reserve the right to terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Service will immediately cease.10.2 Effect of Termination
Upon termination of your account for any reason: (a) all licenses and rights to use the Service shall immediately terminate; (b) you will no longer have access to your account or any content stored within it; (c) we may delete your account data in accordance with our data retention policies; (d) you remain liable for all outstanding charges incurred before termination; and (e) all provisions of these Terms which by their nature should survive termination shall survive termination.10.3 Account Reinstatement
If you wish to reinstate your account after termination, you must pay all past due amounts and any applicable reactivation fees. Reinstatement is subject to our approval and may not be available in all cases. Previously stored data may not be recoverable upon reinstatement. New or modified Terms may apply to any reinstated account.11. Additional Terms
11.1 Communications
You consent to receive communications from us electronically, including emails, texts, and in-app notifications. We may communicate with you regarding your account, service updates, technical notices, security alerts, and support messages. You may opt out of marketing communications, but you cannot opt out of service-related communications.11.2 Third-Party Content and Services
Our Service may contain links to third-party websites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we shall not be responsible or liable for any damage or loss caused by or in connection with the use of any such third-party content, products, or services.11.3 Export Compliance
You agree to comply with all applicable export and re-export control laws and regulations in your use of the Service. You represent and warrant that you are not located in a country that is subject to U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country, and you are not listed on any U.S. Government list of prohibited or restricted parties.12. Support and Contact Information
12.1 Support Services
We provide standard technical support services for the Service as described in our support documentation. Support availability, channels, and response times may vary based on your subscription level. While we strive to provide timely and helpful support, we do not guarantee any specific response times or resolution periods. Premium support services may be available for additional fees.12.2 Contact Information
If you have any questions about these Terms or need to contact us for any reason, please reach us at:Acquisitions Intelligence LLC
2621 Green River Rd, Suite 105 #2103
Corona, CA 92882
Email: support@offergun.com