1. Introduction

Welcome to IB PropTech! These Terms of Use ("Terms") govern your use of the IB PropTech services. By using our services, you agree to these Terms. If you do not agree, please do not use our services.

2. Services

1. Description

IB PropTech provides real estate, technology and AI services. Our services may change over time, and we reserve the right to modify or discontinue them.

2. Eligibility

You must be at least 18 years or older to use our services. By using our services, you represent that you meet this age requirement.

3. User Obligations

1. Account Responsibility

You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

2. Prohibited Uses

You agree not to use our services for any illegal or unauthorized purposes. Prohibited activities include, but are not limited to:

• Violating applicable laws or regulations.
• Distributing harmful or malicious content.
• Attempting to interfere with the security or integrity of our services.

4. Fees and Payments

1. Fees

You agree to pay all fees associated with your use of the services as outlined in the respective plans of our services.

2. Payment Terms

Payments must be made in accordance with the payment terms specified. Late payments may incur additional charges.

5. Restrictions and Requirements

1. Usage Restrictions

You may not:

• Reverse engineer or decompile our software.
• Use our services in a manner that disrupts or interferes with our network or servers.
• Copy, modify, or distribute our services without authorization.

2. Requirements

You must comply with all requirements related to the use of our services, including those specified in our documentation.

6. Intellectual Property

1. Ownership

All intellectual property rights in our services and related materials are owned by IB PropTech or its licensors. You do not acquire any ownership rights by using our services.

2. License

We grant you a limited, non-exclusive, non-transferable license to use our services in accordance with these Terms.

7. Confidentiality

1. Confidential Information

Both parties agree to keep any confidential information received during the course of using our services confidential and not to disclose it to third parties without prior written consent.

2. Exceptions

Confidential information does not include information that:

• Is or becomes publicly known without breach of these Terms.
• Is independently developed without use of or reference to the confidential information.

8. Termination

1. Termination by Us

We may terminate or suspend your access to our services for any reason, including if you violate these Terms.

2. Termination by You

You may terminate your account by contacting support@ibproptech.

9. Dispute Resolution

1. Informal Resolution

If a dispute arises, please contact our Customer Support team to try to resolve it.

2. Arbitration

If the dispute cannot be resolved informally, it will be settled by binding arbitration in Austin, Virginia, or another agreed location. This applies to all claims unless excluded below.

3. Exceptions

Disputes related to intellectual property will be resolved in court. If arbitration is refused or a court proceeding is initiated, a court may compel arbitration or halt court proceedings.

4. Procedure

Disputes will be mediated by the American Arbitration Association (AAA) before arbitration. Arbitration will follow AAA’s Commercial Arbitration Rules with one arbitrator. Discovery will be as per the arbitrator’s procedures.

5. Class Action Waiver

Claims must be brought individually. Class actions or consolidated proceedings are not permitted. If a court finds this waiver unenforceable, the entire arbitration agreement will be void, but the rest of the Terms will apply.

10. Warranty Disclaimer

1. Disclaimer of Warranties

We disclaim all warranties, express or implied, including but not limited to warranties of merchantability, non-infringement, and fitness for a particular purpose. The IB PropTech services are provided "as is" to the fullest extent permitted by law. Where such a disclaimer conflicts with applicable law, the scope and duration of any applicable warranty will be the minimum permitted under such law.

11. Indemnification

1. User Responsibility

You agree to indemnify and hold IB PropTech harmless from all claims, damages, costs, and liabilities arising out of your use of our services.

2. Indemnification Obligations

IB PropTech will have no liability or obligation for any claims or losses related to your use of the services, including third-party subpoenas, government investigations, or enforcement actions.

3. Defense and Settlement

Notification: IB PropTech will promptly notify you of any claim. Failure to notify does not relieve you of your indemnification obligations unless materially prejudiced.

Defense Authority: You have the exclusive authority to defend or settle claims, subject to IB PropTech’s consent, which will not be unreasonably withheld.

Cooperation: IB PropTech will cooperate with you in defending claims at your expense. You may participate in the defense at your own expense.

Settlement: You cannot settle claims admitting liability on behalf of IB PropTech or create any obligation on IB PropTech without prior written consent.

12. Limitation of Liability

1. Indirect Damages

Neither party will be liable for any indirect, special, incidental, consequential, or punitive damages, including loss of goodwill, lost profits, or lost data, even if advised of the possibility of such damages. This does not limit your liability for breaches of restrictions and requirements, confidentiality breaches, or indemnification obligations.

2. Direct Damages

Neither party will be liable for any direct damages exceeding the amounts paid or payable by you during the twelve months preceding the incident or claim. This does not limit liability for breaches of restrictions and requirements, confidentiality breaches, or indemnification obligations. The provisions of this section allocate risk and were relied upon in determining these Terms.

13. Term; Suspension

1. Term

These Terms are effective from the date you click “I Accept” or start using the IB PropTech services and will continue until terminated.

2. Suspension

We may suspend the services immediately if:

• You violate these Terms.
• Your use negatively impacts the service or is fraudulent.
• Provision of the services becomes prohibited or impractical due to legal reasons.

We will attempt to notify you before suspension where possible.

14. Compliance with Laws

Both you and IB PropTech will comply with applicable laws relating to your and our activities under these Terms.

15. No Waiver

Failure to enforce any provision does not waive our right to do so later. Any waiver must be in writing and signed by both parties to be legally binding.

16. Assignment

You cannot assign or transfer these Terms without our prior written consent. Any unauthorized assignment is void. These Terms bind you and IB PropTech and our respective successors and assigns.

17. Unenforceability

If any provision is held unenforceable, it will be limited or eliminated to the minimum extent necessary, with the rest of the Terms remaining in effect.

18. Notices

Notices must be in writing and delivered by personal delivery, certified mail, overnight delivery, or email with confirmation of receipt. Notices to IB PropTech should be copied to Info@IBPropTech.ai, Attn: General Counsel.

19. Entire Agreement

These Terms, including any attachments, supersede all prior agreements and understandings. No additional terms in purchase orders or similar documents will affect these Terms.

20. Force Majeure

No party will be liable for failure or delay in performance due to causes beyond their control, including natural disasters or government actions. The affected party must take reasonable actions to minimize the impact of such causes.

21. Governing Law and Venue

Apart from the arbitration provisions, these Terms are governed by the laws of the State of Virginia. Disputes must be resolved in Virginia state or federal courts, and both parties consent to personal jurisdiction there.

21. Governing Law and Venue

Apart from the arbitration provisions, these Terms are governed by the laws of the State of Virginia. Disputes must be resolved in Virginia state or federal courts, and both parties consent to personal jurisdiction there.

22. Agreement to Arbitrate

1. Arbitration Agreement

Disputes not resolved through Customer Support will be settled by binding arbitration in Austin, Virginia, or another agreed location. This applies to all claims unless excluded below.

2. Exceptions

Disputes related to intellectual property will be resolved in court. If arbitration is refused or a court proceeding is initiated, a court may compel arbitration or halt court proceedings.

3. Procedure

Disputes will be mediated by the American Arbitration Association (AAA) before arbitration. Arbitration will follow AAA’s Commercial Arbitration Rules with one arbitrator. Discovery will be as per the arbitrator’s procedures.

4. Class Action Waiver

Claims must be brought individually. Class actions or consolidated proceedings are not permitted. If a court finds this waiver unenforceable, the entire arbitration agreement will be void, but the rest of the Terms will apply.