4.1 Account Creation

To access certain features of the Platform, you must create an account by providing accurate, current, and complete information. You agree to update your information promptly to keep it accurate and complete.

4.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials, all activities that occur under your account, and notifying us immediately of any unauthorized access or security breach at support@propertycapital.ai.

4.3 Account Types

Different account types (Borrower, Broker, Lender) have different access levels, features, and obligations. You agree to use your account only for its intended purpose and in accordance with these Terms.

4.4 Multi-Factor Authentication

For accounts accessing sensitive financial data, tax identification numbers, or confidential deal information, we may require multi-factor authentication. You agree to comply with all security requirements associated with your account type and access level.

5.1 General Obligations

You agree to provide accurate, truthful, and complete information, use the Platform only for lawful purposes, comply with all applicable federal, state, and local laws and regulations, respect the rights and privacy of other users, and maintain professional conduct in all Platform communications.

5.2 Prohibited Conduct

You agree not to:

• Submit false, misleading, or fraudulent information
• Impersonate any person or entity
• Use the Platform for any illegal purpose, including fraud or money laundering
• Circumvent, disable, or interfere with Platform security features
• Access or attempt to access accounts or data belonging to others
• Harvest, collect, or store personal information of other users
• Transmit viruses, malware, or other harmful code
• Interfere with or disrupt the Platform or servers
• Use automated systems (bots, scrapers) without authorization
• Reverse engineer, decompile, or disassemble any Platform components
• Resell, sublicense, or commercially exploit the Platform without authorization

5.3 Broker-Specific Obligations

Brokers using the Platform additionally agree to maintain all required licenses and registrations, comply with all applicable lending and brokerage regulations, accurately represent loan terms and conditions to borrowers, disclose all fees and compensation arrangements as required by law, and not engage in predatory lending practices or steering.

5.4 Lender-Specific Obligations

Lenders using the Platform additionally agree to maintain all required licenses and regulatory approvals, comply with all applicable lending laws and regulations, make independent credit and underwriting decisions, and honor commitments made through the Platform subject to standard conditions.

6.1 Types of Sensitive Information

You acknowledge that use of the Platform may involve the submission, storage, processing, and transmission of sensitive information, including Personal Identification Information (SSN, TIN, EIN, driver's license, passport), Financial Information (bank accounts, credit cards, financial statements, tax returns), Confidential Business Information (business financials, ownership documents), Deal and Transaction Information (loan terms, interest rates, pricing structures, commission rates), and Property and Collateral Information (appraisals, environmental reports, title documents).

6.2 Your Representations

By submitting sensitive information to the Platform, you represent and warrant that you have the legal right and authority to provide such information, the information is accurate, complete, and not misleading, you have obtained all necessary consents from any third parties whose information you provide, your submission complies with all applicable privacy and data protection laws, and you understand the information may be shared with other Platform users as necessary to facilitate transactions.

6.3 Authorization for Information Verification

By submitting personal identification information including Social Security Numbers, you authorize PropertyCapital AI LLC and its service providers to verify your identity through third-party verification services, obtain credit reports and credit scores from consumer reporting agencies, verify employment, income, and asset information, conduct background checks as permitted by law, and share such information with lenders and other parties as necessary to process your loan application.

7.1 Confidential Information Defined

"Confidential Information" means any non-public information disclosed through the Platform, including financial data, projections, and business plans; pricing information, rate sheets, and commission structures; customer lists, deal pipelines, and transaction details; underwriting criteria, lending guidelines, and program parameters; trade secrets, proprietary processes, and business methods; any information marked or identified as confidential.

7.2 Confidentiality Obligations

All users agree to maintain the confidentiality of Confidential Information received through the Platform, use Confidential Information only for the purpose for which it was disclosed, not disclose Confidential Information to any third party without prior written consent, implement reasonable security measures to protect Confidential Information, and promptly notify the disclosing party of any unauthorized disclosure or breach.

7.3 Non-Circumvention

Users agree not to use Confidential Information or relationships established through the Platform to circumvent the Platform or its fee structures. This includes directly contacting parties introduced through the Platform to conduct business outside the Platform, using contact information, pricing data, or deal information to divert transactions, and soliciting other users' clients, borrowers, or business relationships for competing services.

7.4 Survival

Confidentiality obligations shall survive termination of your account and these Terms for a period of three (3) years, or indefinitely for trade secrets and information that remains confidential under applicable law.

8.1 Subscription Fees

Access to certain Platform features may require payment of subscription fees. Current fee schedules are available on the Platform and may be updated from time to time with reasonable notice.

8.2 Transaction Fees

Certain transactions conducted through the Platform may be subject to fees, including but not limited to broker finder fees, platform fees, or processing fees. All applicable fees will be disclosed prior to any transaction.

8.3 Payment Terms

All fees are quoted in U.S. dollars unless otherwise stated. Subscription fees are billed in advance on a recurring basis. Transaction fees are due upon completion of the applicable transaction. All fees are non-refundable except as expressly stated or required by law.

8.4 Late Payment

We reserve the right to suspend or terminate access for accounts with overdue balances. Late payments may be subject to interest charges and collection costs to the extent permitted by law.

9.1 Platform Ownership

The Platform, including all content, features, functionality, software, text, graphics, logos, trademarks, and other materials, is owned by PropertyCapital AI LLC or its licensors and is protected by copyright, trademark, patent, and other intellectual property laws.

9.2 Limited License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for its intended purposes. This license does not include the right to modify, copy, or create derivative works; sell, resell, license, or commercially exploit the Platform; use any data mining, robots, or similar data gathering methods; download or copy account information for third-party benefit; or use the Platform in any way that competes with our business.

9.3 User Content

You retain ownership of content you submit to the Platform ("User Content"). By submitting User Content, you grant us a non-exclusive, worldwide, royalty-free license to use, copy, process, and display such content solely to provide and improve the Platform services.

13.1 Informal Resolution

Before initiating any formal dispute resolution, you agree to first contact us at support@propertycapital.ai and attempt to resolve the dispute informally for at least thirty (30) days.

13.2 Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the Platform that cannot be resolved informally shall be resolved exclusively through binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules.

13.3 Class Action Waiver

YOU AND PROPERTYCAPITAL AI LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. Unless both parties agree otherwise, the arbitrator may not consolidate more than one person's claims.

13.4 Opt-Out

You may opt out of this arbitration agreement by sending written notice to support@propertycapital.ai within thirty (30) days of first accepting these Terms. Your notice must include your name, address, and a clear statement that you wish to opt out of the arbitration agreement.

15.1 Termination by You

You may terminate your account at any time by contacting us at support@propertycapital.ai or through account settings. Termination does not relieve you of any obligations incurred prior to termination.

15.2 Termination by Us

We may suspend or terminate your account or access to the Platform at any time, with or without cause, and with or without notice. Reasons for termination may include violation of these Terms, breach of confidentiality obligations, fraudulent, abusive, or illegal activity, non-payment of fees, extended periods of inactivity, requests by law enforcement or government agencies, or discontinuation of the Platform or any part thereof.

15.3 Effect of Termination

Upon termination, your right to use the Platform immediately ceases, we may delete your account and User Content after a reasonable retention period, you must immediately cease using any Confidential Information received through the Platform, and you must return or destroy all Confidential Information in your possession.