Legal Disclosure for Pro Formance CRE
Pro Formance CRE Terms of Use
Effective Date: August 5, 2024
Introduction
Welcome, and thank you for your interest in Pro Formance CRE (“Pro Formance CRE”, “Service Provider”, “we”, or “us”). Founded in 2024 and based in Dallas, Texas, our service is delivered as an Excel add-in designed to provide a suite of tools that help commercial real estate professionals manage and analyze data locally within Microsoft Excel. For advanced processing and evaluations—including sending data to a large language model (LLM) for analysis and feedback—selected data is processed on our servers. Please note that we do not store any user data beyond what is required for billing purposes.
By accessing or using the Pro Formance CRE Service (the “Service”), you agree to be bound by these Terms of Use (“Terms”). If you do not agree to these Terms, please do not use the Service.
Legally Binding Agreement
Please read these Terms carefully. By registering for an account or otherwise using the Service, you confirm that you have read, understood, and agree to be bound by these Terms. If you are not eligible or do not agree to these Terms, you are not permitted to use the Service.
ARBITRATION NOTICE. You agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and that by accepting these Terms, you waive your right to a trial by jury or to participate in any class action. See Section 13 for details.
Eligibility
You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant that:
(a) you are at least 18 years old;
(b) you have not previously been suspended or removed from the Service; and
(c) your registration and use of the Service comply with all applicable laws and regulations.
If you are using the Service on behalf of an organization (each, a “Customer”), you represent that you are an authorized representative with authority to bind the organization to these Terms, and you agree to be bound by these Terms on its behalf.
Account Registration
Accessing the Service does not automatically create a Pro Formance CRE account (“Member”). To become a Member, you must complete the registration process and provide accurate, complete, and current information. You are responsible for safeguarding your login credentials and for all activities under your account. Please update your registration information as necessary.Data, Licenses, and Intellectual Property Rights
A. Data Processing and Storage.
Pro Formance CRE is delivered as an Excel add-in that functions locally on your device. For advanced evaluations, selected data may be transmitted to our servers—including to a large language model (LLM) for analysis—but we do not store your data beyond what is required for billing.
B. User Data Ownership and License.
You retain all rights, title, and interest in and to any data you provide (“User Data”). By using the Service, you grant Pro Formance CRE a limited, non-exclusive license to process your User Data solely to deliver the Service. This license does not grant us any rights to your underlying content beyond what is necessary for functionality.
C. Intellectual Property.
All software, designs, interfaces, and related documentation provided as part of the Service (“Materials”) are owned by or licensed to Pro Formance CRE and are protected by intellectual property laws. You may not modify, reproduce, distribute, or create derivative works based on any Materials without our prior written consent.
Confidentiality
A. Definition.
“Confidential Information” means any information provided by one party to the other that is designated as confidential or that a reasonable person would understand to be confidential given the nature of the information and the circumstances of disclosure.
B. Obligations.
Each party agrees to maintain the confidentiality of the other’s Confidential Information using no less than commercially reasonable efforts and to use such information solely as necessary to perform its obligations under these Terms.
C. Exceptions.
Confidential Information does not include information that (i) is or becomes publicly available without breach of these Terms, (ii) was known prior to disclosure, or (iii) is independently developed without use of the disclosing party’s Confidential Information.
Prohibited Conduct
You agree not to:
A. Use the Service for any illegal purpose or in violation of any law;
B. Systematically retrieve or compile data from the Service to create a database without our written consent;
C. Engage in fraudulent or deceptive activities, including unauthorized access to accounts or data;
D. Infringe upon the intellectual property or other rights of any third party;
E. Upload or transmit viruses, malware, or other harmful code;
F. Reverse engineer, decompile, or disassemble any part of the Service, except as permitted by law;
G. Disrupt or interfere with the operation of the Service or networks connected to it;
H. Use any automated systems, scripts, or data mining tools to access the Service without our prior written consent;
I. Transfer or resell your access to the Service; or
J. Engage in any activity that, in our sole discretion, may harm Pro Formance CRE or its users.Service Management
We reserve the right to monitor the Service and take any action we deem necessary—including suspending or terminating your access, removing content, or modifying the Service—to ensure its security, integrity, and proper operation. Such actions may be taken without prior notice.Third-Party Content and Links
The Service may include links to third-party websites or display content provided by third parties. Pro Formance CRE does not endorse or assume responsibility for any third-party content or websites. Your use of such content is governed by the third party’s own terms and policies.Modifications of Terms, Termination, and Privacy Policy
A. Modifications.
We reserve the right to change these Terms at any time. Material changes will be communicated to you, and your continued use of the Service will signify your acceptance of the updated Terms. Please review these Terms periodically.
B. Termination.
We may suspend or terminate your access to the Service if you violate these Terms. Upon termination, you must immediately cease using the Service and delete all downloaded Materials.
C. Privacy Policy.
Our Privacy Policy—available at [insert link]—is incorporated into these Terms by reference. By using the Service, you consent to the collection and use of your information as described therein. Except as needed for billing, we do not retain your data.
Indemnification
You agree to indemnify, defend, and hold harmless Pro Formance CRE, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, or expenses (including reasonable attorneys’ fees) arising from your use of the Service, violation of these Terms, or infringement of any third-party rights.Disclaimers and Limitation of Liability
THE SERVICE IS PROVIDED “AS IS” AND “WITH ALL FAULTS.” PRO FORMANCE CRE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We do not warrant that the Service will be uninterrupted, error-free, or secure.
TO THE FULLEST EXTENT PERMITTED BY LAW, PRO FORMANCE CRE AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, OR USE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE. The aggregate liability of Pro Formance CRE for any claims shall not exceed the greater of (a) the amount you have paid for the Service in the 12 months prior to the claim, or (b) $100.
Dispute Resolution and Arbitration
A. Dispute Resolution.
Any disputes arising out of or relating to these Terms or the Service will first be subject to informal negotiations. If unresolved within 30 days, such disputes shall be resolved by binding arbitration.
B. Arbitration.
Arbitration shall be conducted in accordance with the rules of the American Arbitration Association and shall take place in Dallas, Texas, unless otherwise agreed. The arbitration will be on an individual basis only, and you waive any right to participate in a class action.
C. Jurisdiction.
If arbitration is not available for any reason, you agree that any legal action shall be brought exclusively in the state or federal courts located in Dallas, Texas, and you consent to the jurisdiction of those courts.
D. Notice.
A party initiating arbitration must provide written notice describing the nature of the dispute and the relief sought. If the dispute is not resolved within 30 days of notice, arbitration may commence.
Miscellaneous
A. Entire Agreement.
These Terms, along with any additional policies referenced herein, constitute the entire agreement between you and Pro Formance CRE regarding the Service.
B. Governing Law.
These Terms are governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions.
C. Severability.
If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
D. Assignment.
You may not assign these Terms or any rights or obligations hereunder without our prior written consent. We may assign these Terms at our discretion.
E. Electronic Communications.
By using the Service, you consent to receiving electronic communications from us, which will satisfy any legal notice requirements.
F. Notices.
All notices or communications required or permitted under these Terms shall be in writing and delivered personally, sent by certified mail, or via email to the address you provide during registration or to our official contact address below.
Pro Formance CRE
13766 Grayhawk Blvd
Frisco, TX 75033
support@performancecre.com
G. International Use.
The Service is intended for use only within the United States. Use from regions where the Service is prohibited is not permitted.
H. No Support Obligation.
Unless otherwise agreed in writing, Pro Formance CRE is not obligated to provide support beyond what is published in our support policies.