Terms of service
Last updated [date]
Draft. This page hasn’t taken effect yet. The details in brackets are filled in, and the text reviewed, before CRE Brain opens to firms.
These terms are an agreement between [company name] (“we”) and the brokerage that signs up for CRE Brain (the “firm”, “you”). The person who accepts them on the firm’s behalf confirms they may bind the firm. Questions: [contact email].
The service
CRE Brain keeps a brokerage’s requirements, contacts, listings and owners in one shared record, matches listings to requirements, and tells brokers who to call. Depending on what the firm turns on, it can also read connected Gmail mailboxes, propose records from mail with AI, send digest and alert emails, answer questions about the firm’s records, and let a broker’s own Claude read them. The privacy policy explains what each feature reads and where it goes.
Accounts and brokers
- A firm’s account has one or more admins. Admins invite brokers, manage the firm’s settings and remove people who leave.
- Each broker signs in with their own account and keeps their sign-in private. The firm is responsible for what happens under its brokers’ accounts, and tells us promptly if it suspects someone else is using one.
- A broker removed from the firm loses access to its records at once, and any Gmail mailbox they connected is disconnected.
Your firm's data
- It stays yours. The records the firm enters, imports or files, and the mail its brokers connect, belong to the firm. You give us permission to store and process them only to run CRE Brain for you, as the privacy policy describes.
- Your responsibility. The firm decides what it records about people and is responsible for having the right to do so, including for mail its brokers connect and records it imports.
- Kept apart. No other firm can see your records.
- Never deleted silently. Expired and merged records keep their history. You can export your records at any time.
Gmail and connected services
- Connecting Gmail is each broker’s own choice, and they can disconnect at any time. A connected mailbox is read as the privacy policy describes, under Google’s API Services User Data Policy and its Limited Use requirements.
- The firm’s admins decide whether AI capture reads message contents, and from which kinds of sender.
- A broker who connects their own Claude to CRE Brain does so under their own agreement with Anthropic.
AI features and matches
- AI capture proposes; a broker decides. Proposals wait for review unless an admin turns on auto-filing for a kind of record. AI can misread a message; check what you file.
- Matches and digests come from your records. Our code computes matches, tiers and digest items from the records you keep and shows the reasons. They are only as good as those records.
- Not professional advice. CRE Brain is a tool for organizing your book. It doesn’t give legal, tax (including 1031 exchange), valuation or brokerage advice, and it doesn’t replace your judgment or your duties to your clients.
- Spending cap. Each firm’s AI use is limited by a monthly spending cap its admins can see and change. Past the cap, AI features pause until the next month or until the cap is raised; the rest of CRE Brain keeps working.
Acceptable use
You agree not to:
- use CRE Brain to break the law, or to store information you have no right to hold;
- send spam or unsolicited bulk email through it;
- try to reach another firm’s data, get around access controls or the spending cap, or probe the service’s security without our written permission;
- copy, resell or reverse engineer the service, or scrape it with automated tools, other than through the access we provide (such as the Claude connection);
- upload malware, or load the service in ways meant to disrupt it.
We may suspend access that breaks these rules or puts the service or other firms at risk, and we’ll tell you why.
Fees and payment
- CRE Brain is priced per broker seat, at the price shown when you subscribe. Fees are billed in advance, monthly or yearly, and don’t include taxes.
- Seats follow your brokers: adding one starts billing for it, prorated, and removing one stops it at the next renewal.
- If a payment fails, we’ll tell you and retry. After a grace period, the account becomes read-only until it is paid. Nothing is deleted.
- We’ll give at least 30 days’ notice before a price change applies to you.
Trials
A trial gives full use of CRE Brain for the period stated at sign-up, without charge. At its end the firm subscribes or the account becomes read-only.
Cancelling and closing your account
- You can cancel at any time. Your subscription runs to the end of the period you paid for, and isn’t refunded for the remainder unless the law requires it.
- When you close your account, we export your records to you, then delete them within 30 days. Backups age out within 30 days after that.
- We may close an account for a serious or repeated breach of these terms, or one left unpaid, after notice and a chance to export your records.
Changes
We may improve or change CRE Brain. We’ll give advance notice of a change that removes a feature you rely on, and of any material change to these terms. Continuing to use CRE Brain after a change takes effect means you accept it.
Security and confidentiality
We protect your data with measures suited to its sensitivity, described in the privacy policy, and treat your firm’s records as confidential. Our staff access them only to run or support the service, to keep it secure, or when the law requires it.
Disclaimers
We work to keep CRE Brain available and accurate, but provide it “as is”. To the extent the law allows, we disclaim implied warranties, including of merchantability, fitness for a particular purpose and non-infringement, and we don’t promise the service will be uninterrupted or error-free.
Limitation of liability
To the extent the law allows, neither side is liable for indirect, incidental, special or consequential damages, or for lost profits, commissions or deals. Each side’s total liability under these terms is limited to the fees the firm paid in the 12 months before the claim. These limits don’t apply to a firm’s payment obligations or to either side’s fraud or willful misconduct.
Indemnity
The firm will defend us against claims that arise from the records it keeps or the mail its brokers connect, where it lacked the right to do so, and from its breach of the acceptable use rules.
Governing law
These terms are governed by the laws of [state], without regard to its conflict of laws rules. Disputes go to [courts].
Contact
[company name], [mailing address]. Email: [contact email].