Terms and Conditions

1. Acceptance of Terms

These Terms and Conditions ("Terms") govern your access to and use of the KMF Commercial Real Estate platform, including the website at kmfcre.com, related subdomains, software, tools, data, content, and services (collectively, the "Platform") provided by KMF Commercial Real Estate ("KMFCRE", "we", "us", or "our"). By creating an account, signing in, or otherwise using the Platform, you agree to be bound by these Terms. If you do not agree, do not use the Platform.

2. Eligibility and Account

You must be at least 18 years old and capable of forming a binding contract to use the Platform. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You agree to provide accurate and current information and to keep it up to date.

3. Nature of the Platform; No Professional Advice

The Platform provides tools, data, generated content, lead information, marketing assistance, communications utilities, and related real-estate-oriented features. All information, data, leads, valuations, scripts, AI-generated text, images, descriptions, property details, and any other output made available through the Platform are provided for general informational purposes only. They are not legal, tax, accounting, investment, brokerage, appraisal, financing, or other professional advice. You should independently verify all information and consult qualified professionals before making any decision based on information obtained from the Platform.

4. Use of Information; Your Responsibility

KMFCRE is not responsible for the use of any information received on or through the Platform. You are solely responsible for how you use, share, rely on, distribute, market with, or otherwise act on any information, data, lead, contact record, property record, AI output, valuation, image, description, document, message, communication, or other material obtained from the Platform. You acknowledge that data may be incomplete, outdated, inaccurate, third-party-sourced, AI-generated, or otherwise unverified, and that you assume all risk of relying on or acting upon any such information.

You agree to comply with all applicable federal, state, and local laws and regulations when using the Platform, including without limitation the Telephone Consumer Protection Act (TCPA), CAN-SPAM, state "do-not-call" and consent rules, fair housing laws, real estate licensing requirements, data-protection laws, and any applicable rules of professional conduct. You — not KMFCRE — are responsible for obtaining any required consents from consumers before contacting them, and for all communications you send using the Platform.

5. Acceptable Use

You agree not to:

• use the Platform to violate any law or third-party right;
• scrape, resell, sublicense, or redistribute Platform data outside of permitted use;
• attempt to gain unauthorized access to the Platform or any other user's account;
• interfere with, degrade, or attempt to reverse engineer the Platform;
• upload malicious code or transmit harassing, fraudulent, defamatory, or unlawful content;
• use the Platform to send unsolicited communications in violation of TCPA, CAN-SPAM, or similar laws.

6. Subscriptions, Billing, and Usage

Paid plans and add-ons are billed in accordance with the pricing and terms displayed at checkout. Usage-based charges (including but not limited to lead generation, skip tracing, evaluator runs, and overages) are calculated based on Platform-recorded events and are non-refundable except as expressly required by law. You authorize KMFCRE and its payment processors to charge your payment method for all applicable fees, taxes, and overages.

7. Third-Party Data and Services

The Platform integrates with or surfaces data from third-party providers (including, without limitation, property data providers, mapping services, AI providers, email and messaging providers, and payment processors). KMFCRE does not control and is not responsible for the accuracy, availability, content, terms, or practices of any third-party data or service. Your use of third-party data is subject to the applicable third-party terms.

8. AI-Generated Content

Some features generate content using artificial intelligence (descriptions, scripts, images, summaries, valuations, recommendations, and similar output). AI output may be inaccurate, biased, incomplete, or unsuitable for your purpose. You must review, verify, and edit AI output before relying on or publishing it. You are solely responsible for the use of any AI-generated output.

9. Intellectual Property

The Platform, including its software, design, branding, and original content, is owned by KMFCRE or its licensors and is protected by intellectual property laws. KMFCRE grants you a limited, non-exclusive, non-transferable, revocable license to use the Platform solely for your internal business purposes during your active subscription.

10. Disclaimers

THE PLATFORM AND ALL INFORMATION, DATA, LEADS, OUTPUT, AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, OR ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. KMFCRE does not warrant that the Platform will be uninterrupted, error-free, secure, or that any information will be accurate, complete, current, or reliable.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KMFCRE, ITS OWNERS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, AND LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITIES, COMMISSIONS, DEALS, OR LEADS, ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF (OR INABILITY TO USE) THE PLATFORM OR ANY INFORMATION OBTAINED THROUGH IT, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF KMFCRE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

The terms of using the Platform do not hold KMFCRE liable for anything. Without limiting the foregoing, KMFCRE's total aggregate liability arising out of or relating to these Terms or the Platform shall not exceed the greater of (a) the amount you paid to KMFCRE in the three (3) months immediately preceding the event giving rise to the claim, or (b) one hundred U.S. dollars ($100). Some jurisdictions do not allow certain limitations of liability, so portions of this section may not apply to you; in such jurisdictions, KMFCRE's liability is limited to the maximum extent permitted by law.

12. Indemnification

You agree to defend, indemnify, and hold harmless KMFCRE and its owners, officers, employees, agents, affiliates, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Platform; (b) your use of any information, data, lead, or output obtained from the Platform; (c) your communications with consumers or third parties; (d) your violation of these Terms; or (e) your violation of any law or third-party right.

13. Termination

We may suspend or terminate your access to the Platform at any time, with or without notice, for any reason, including for violation of these Terms. Upon termination, your right to use the Platform ceases immediately. Sections that by their nature should survive termination (including Sections 4, 10, 11, 12, 14, and 15) will survive.

14. Governing Law and Disputes

These Terms are governed by the laws of the United States and the State in which KMFCRE is headquartered, without regard to conflict-of-laws principles. You agree that any dispute arising out of or relating to these Terms or the Platform shall be brought exclusively in the state or federal courts located in that jurisdiction, and you consent to personal jurisdiction and venue there.

15. Changes to the Terms

We may update these Terms from time to time. When we do, we will update the "Last updated" date and may require you to re-acknowledge the updated Terms before continuing to use the Platform. Your continued use of the Platform after an update constitutes acceptance of the updated Terms.

16. Contact

Questions about these Terms? Contact us at info@kmfcre.com.