Terms of Service

These Terms of Service ("Terms") govern your access to and use of the website, platform, applications, and related services (collectively, the "Services") provided by UnderwriteWise ("UWise," "we," "us," or "our"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Services.

1. Eligibility and Account Requirements

To use our Services, you must:

• Be at least 18 years of age or the age of legal majority in your jurisdiction, whichever is greater
• Have the legal capacity to enter into a binding agreement
• Not be prohibited from using our Services under applicable laws or regulations
• Not have been previously banned or removed from our Services for violating these Terms

If you are using our Services on behalf of a company, organization, or other entity, you represent and warrant that you have the authority to bind that entity to these Terms, and "you" refers to both you individually and the entity you represent.

2. Account Registration and Security

To access certain features of our Services, you must create an account. When registering, you agree to:

• Provide accurate, current, and complete information during the registration process
• Maintain and promptly update your account information to keep it accurate, current, and complete
• Maintain the security and confidentiality of your login credentials
• Not share your account credentials with any third party
• Immediately notify us of any unauthorized use of your account or any other breach of security
• Accept responsibility for all activities that occur under your account

We reserve the right to suspend or terminate your account if any information provided during registration or thereafter proves to be inaccurate, not current, or incomplete. You are responsible for any losses or damages arising from your failure to maintain the confidentiality of your account credentials.

3. Permitted Use and Prohibited Conduct

You agree to use our Services only for lawful purposes and in accordance with these Terms. You agree not to:

• Use our Services for any illegal or unauthorized purpose
• Violate any local, state, national, or international law or regulation
• Infringe upon the intellectual property rights of UWise or any third party
• Attempt to gain unauthorized access to our systems, servers, or networks
• Interfere with or disrupt the integrity or performance of our Services
• Use automated tools, bots, scrapers, or crawlers to access or collect data from our Services without our express written permission
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of our software
• Upload or transmit viruses, malware, or other malicious code
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity
• Use our Services to send unsolicited communications, spam, or advertisements
• Resell, redistribute, or sublicense our Services without our express written consent
• Use our Services in any manner that could damage, disable, overburden, or impair our servers or networks

We reserve the right to investigate and take appropriate action against any violations of this section, including without limitation, removing offending content, suspending or terminating accounts, and reporting violations to law enforcement authorities.

4. AI-Powered Analysis and Important Disclaimers

Our Services utilize artificial intelligence ("AI") and machine learning technologies to provide real estate analysis, projections, and insights. By using these features, you acknowledge and agree that:

• AI-generated analyses, projections, and recommendations are provided for informational and educational purposes only and do not constitute financial, investment, legal, or professional advice
• AI outputs may contain errors, inaccuracies, or omissions due to limitations in data, algorithms, or models
• AI analyses are based on historical data and algorithms that may not accurately predict future market conditions, property values, or investment outcomes
• You should independently verify all AI-generated information before making any decisions
• You should consult with qualified professionals before making any investment, financial, or legal decisions
• UWise is not responsible for any losses, damages, or adverse outcomes resulting from reliance on AI-generated content

For more information about the limitations of our AI technology and our full disclaimer, please review our Disclaimer.

5. Subscription Plans and Payment Terms

a. Subscription Plans

UWise offers various subscription plans with different features, usage limits, and pricing. Details of available plans are described on our pricing page. We reserve the right to modify, add, or discontinue any subscription plan at any time.

b. Payment and Billing

By subscribing to a paid plan, you agree to pay all applicable fees as described at the time of purchase. Payments are processed through our third-party payment processor, Stripe. You agree to:

• Provide valid and current payment information
• Authorize us to charge your payment method for the subscription fees
• Pay all applicable taxes associated with your subscription

c. Auto-Renewal

Subscriptions automatically renew at the end of each billing period (monthly or annually, depending on your plan) unless you cancel before the renewal date. You will be charged the then-current subscription fee for each renewal period. We will notify you of any price changes before they take effect.

d. Cancellation

You may cancel your subscription at any time through your account settings or by contacting us at info@uwise.io. Cancellation will take effect at the end of your current billing period. You will continue to have access to your subscription features until the end of the paid period. No partial refunds are provided for unused portions of a billing period.

e. Refund Policy

All subscription fees are generally non-refundable except as required by applicable law. We may, at our sole discretion, provide refunds or credits on a case-by-case basis. To request a refund, please contact us at info@uwise.io within 14 days of your purchase.

f. Free Trials

We may offer free trial periods for certain subscription plans. At the end of the free trial, your subscription will automatically convert to a paid subscription unless you cancel before the trial expires. You must provide valid payment information to start a free trial, and you authorize us to charge your payment method when the trial period ends.

6. Data Usage, Privacy, and Consent

Your use of our Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Services, you consent to the collection, use, and disclosure of your information as described in our Privacy Policy.

You acknowledge that:

• We may collect and process your data as described in our Privacy Policy
• We may use anonymized and aggregated data to improve our Services, develop new features, and conduct research
• Certain data may be processed by third-party services, including AI and cloud computing providers
• You are responsible for ensuring that any data you input into our Services does not violate the rights of any third party

7. Third-Party Services and External Links

Our Services may contain links to or integrations with third-party websites, services, or content that are not owned or controlled by UWise. We are not responsible for the content, privacy policies, or practices of any third-party services. You acknowledge and agree that:

• We do not endorse or assume any responsibility for any third-party services
• Your interactions with third-party services are governed by their respective terms and policies
• We are not liable for any loss or damage caused by your use of or reliance on any third-party services
• Third-party data integrated into our Services (such as property data, market data, or financial information) may be subject to separate terms and conditions

8. Intellectual Property Rights

All content, features, and functionality of our Services, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, software, algorithms, AI models, and the overall design and arrangement thereof, are the exclusive property of UWise or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use our Services for your personal or internal business purposes. This license does not include the right to:

• Modify, copy, or create derivative works based on our Services
• Sell, resell, license, or commercially exploit any aspect of our Services
• Use data mining, robots, or similar data gathering or extraction methods
• Download or copy any content except as expressly permitted
• Use our trademarks, logos, or brand elements without prior written consent

9. User-Generated Content

Our Services may allow you to create, upload, store, or share content, including notes, analyses, reports, and other materials ("User Content"). You retain ownership of your User Content, subject to the license granted below.

By submitting User Content through our Services, you grant UWise a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, and distribute your User Content solely for the purpose of operating, developing, and improving our Services. This license terminates when you delete your User Content or your account, except to the extent that your User Content has been shared with others who have not deleted it or has been incorporated into anonymized or aggregated datasets.

You represent and warrant that:

• You own or have the necessary rights to your User Content
• Your User Content does not infringe on the intellectual property rights of any third party
• Your User Content does not contain any unlawful, defamatory, or harmful material
• Your User Content complies with all applicable laws and regulations

10. Termination and Suspension

We may, at our sole discretion, suspend or terminate your access to our Services, in whole or in part, at any time and for any reason, including but not limited to:

• Violation of these Terms or any applicable laws
• Fraudulent, abusive, or illegal activity
• Non-payment of subscription fees
• Extended periods of inactivity
• Requests by law enforcement or government agencies
• Discontinuation or material modification of our Services
• Unexpected technical or security issues

Upon termination:

• Your right to access and use our Services will immediately cease
• We may delete your account and User Content after a reasonable retention period
• Any outstanding fees owed to UWise will become immediately due and payable
• Provisions of these Terms that by their nature should survive termination will continue to apply, including intellectual property rights, limitation of liability, indemnification, and dispute resolution

You may terminate your account at any time by contacting us at info@uwise.io or through your account settings.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL UWISE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION:

• Loss of profits, data, use, goodwill, or other intangible losses
• Damages resulting from your access to, use of, or inability to use our Services
• Damages resulting from any unauthorized access to or use of our servers or personal information
• Damages resulting from any interruption or cessation of our Services
• Damages resulting from any errors, inaccuracies, or omissions in our content or Services
• Damages resulting from any investment, financial, or business decisions made based on information provided through our Services

IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES EXCEED THE GREATER OF (A) THE AMOUNT YOU HAVE PAID TO UWISE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).

THESE LIMITATIONS APPLY REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY, OR ANY OTHER THEORY, AND WHETHER OR NOT UWISE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12. Disclaimer of Warranties

OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. UWISE EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• WARRANTIES THAT OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT, DATA, OR ANALYSES PROVIDED THROUGH OUR SERVICES
• WARRANTIES THAT OUR SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS OR EXPECTATIONS
• WARRANTIES THAT DEFECTS IN OUR SERVICES WILL BE CORRECTED

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM UWISE OR THROUGH OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. YOU USE OUR SERVICES AT YOUR OWN RISK.

13. Indemnification

You agree to indemnify, defend, and hold harmless UWise, its officers, directors, employees, agents, affiliates, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your access to or use of our Services
• Your violation of these Terms
• Your violation of any applicable law, regulation, or third-party rights
• Your User Content
• Any dispute between you and a third party arising from your use of our Services
• Any investment, financial, or business decisions you make based on information obtained through our Services

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims. You will not settle any claim without our prior written consent.

14. Modifications to Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will notify you by:

• Posting the updated Terms on our website with a new "Last Updated" date
• Sending you an email notification at the address associated with your account
• Displaying a prominent notice within our Services

Your continued use of our Services after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must stop using our Services and may cancel your account.

We encourage you to review these Terms periodically to stay informed about any updates.

15. Governing Law and Jurisdiction

These Terms and any disputes arising out of or relating to these Terms or our Services shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

Subject to the arbitration provisions in Section 16, you agree to submit to the exclusive jurisdiction of the state and federal courts located in the State of Delaware for any legal proceedings arising out of or relating to these Terms or our Services.

16. Dispute Resolution and Arbitration

Informal Resolution: Before filing any formal legal proceeding, you agree to first contact us at info@uwise.io to attempt to resolve the dispute informally. We will attempt to resolve the dispute through good-faith negotiations for at least 30 days.

Binding Arbitration: If the dispute cannot be resolved informally, you and UWise agree that any dispute, claim, or controversy arising out of or relating to these Terms or our Services shall be resolved through binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator in the State of Delaware.

Class Action Waiver: YOU AND UWISE AGREE THAT EACH PARTY MAY ONLY BRING CLAIMS AGAINST THE OTHER IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of class, consolidated, or representative proceeding.

Exceptions: Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights. Claims that qualify for small claims court may also be brought in small claims court instead of arbitration.

Arbitration Fees: Each party will be responsible for paying its share of the arbitration fees as set forth in the AAA rules. If you demonstrate that the costs of arbitration will be prohibitive compared to the costs of litigation, UWise will pay as much of the filing and hearing fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.

17. Miscellaneous Provisions

a. Entire Agreement

These Terms, together with our Privacy Policy and Disclaimer, constitute the entire agreement between you and UWise regarding your use of our Services and supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written.

b. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, shall be severed from these Terms. The remaining provisions shall continue in full force and effect.

c. Waiver

The failure of UWise to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by UWise.

d. Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. UWise may assign these Terms without restriction. Any attempted assignment in violation of this section shall be null and void. These Terms shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.

e. Force Majeure

UWise shall not be liable for any failure or delay in performing its obligations under these Terms due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, power outages, or failures of third-party services or infrastructure.

f. Notices

All notices to UWise should be sent to info@uwise.io. We may send notices to you through the email address associated with your account, through our Services, or by posting notices on our website. Notices are deemed received when sent by email (upon transmission), when posted on our website (upon posting), or when displayed within our Services (upon display).

18. Contact Information

If you have any questions, concerns, or feedback regarding these Terms of Service, please contact us: