TERMS OF SERVICE
Last Updated: 2/11/2025
Version: 1.0
These Terms of Service (“Terms”) govern your access to and use of the Pro Formance CRE software-as-a-service platform (the “Service”) provided by Pro Formance CRE (“Company,” “we,” or “us”). By accessing or using the Service, you (“Customer” or “you”) agree to these Terms. If you do not agree, you must not use the Service.
1. ACCEPTANCE OF TERMS
1.1 Binding Agreement
By registering for or using the Service, you confirm that you have read and agree to these Terms.
1.2 Electronic Form
Your electronic acceptance (e.g., clicking “I Agree”) has the same legal effect as a written signature.
2. MODIFICATIONS TO THE TERMS
2.1 Right to Modify
We may modify these Terms at any time. We will notify you of material changes by posting an updated version or by other reasonable means.
2.2 Acceptance of Modifications
Your continued use of the Service after changes become effective constitutes your acceptance. If you do not agree, you must stop using the Service.
3. ELIGIBILITY
3.1 Legal Capacity
You must have the legal capacity to enter into these Terms.
3.2 Compliance with Laws
You agree to use the Service in compliance with all applicable laws and regulations.
4. DESCRIPTION OF THE SERVICE
4.1 Software-as-a-Service
Pro Formance CRE is a subscription-based platform for multifamily property underwriting. The Service includes an Excel Office Add-in (“Add-in”) and a cloud-based portal.
4.2 Subscription Basis
The Service is provided on a recurring subscription basis with monthly or annual payment intervals, managed via our Squarespace commerce platform and integrated payment processor (Stripe).
4.3 Excluded Products
Any Multifamily Pro Forma or additional Excel files sold by Pro Formance CRE are not included in your base subscription and are available as separate purchases under separate agreements.
4.4 Data Storage Disclaimer
We do not store or retain user-generated deal data or analysis within our systems. The Add-in may temporarily process data but does not keep or archive it.
5. ACCOUNT REGISTRATION AND SECURITY
5.1 Account Creation
To access the Service, you may be required to register an account with accurate and up-to-date information.
5.2 Security
You are responsible for safeguarding your login credentials and for all activity under your account.
5.3 Account Responsibility
We are not liable for losses caused by unauthorized use of your account due to your failure to protect login details.
5.4 License Covers Up to Five (5) Users
Each purchased subscription entitles you to create up to five user email logins under one license. You may not exceed this limit unless you purchase additional licenses.
6. SUBSCRIPTION, FEES, AND PAYMENT
6.1 Subscription Fees
You agree to pay all subscription fees per the plan you selected. Fees are charged in U.S. dollars unless otherwise specified.
6.2 Recurring Billing
Squarespace will automatically bill you at the interval you selected (e.g., monthly or annually). If a payment fails, we may suspend or cancel your subscription after attempts to collect payment.
6.3 Taxes
You are responsible for any applicable taxes. If we are required to collect taxes, such amounts will be added to your bill.
6.4 Refund Policy
Annual Subscriptions: Eligible for a full refund if canceled within 30 days of purchase.
Monthly Subscriptions: Eligible for a full refund if canceled within 3 days of purchase.
To request a refund, email support@proformancecre.com. Approved refunds will be issued to the original payment method within 5 business days.
6.5 Fee Changes
We may change subscription fees. Any increase applies upon your renewal or another date we communicate. We will notify you in advance, and you can cancel if you do not agree to the new fees.
7. USAGE AND CONDUCT
7.1 Lawful Use
You agree to use the Service only for lawful purposes and in compliance with these Terms.
7.2 User Content
You are responsible for any data or content you upload, and represent you have rights to such content.
7.3 Prohibited Actions
You must not interfere with the Service’s normal operation or attempt to access unauthorized data.
7.4 AI Usage and Fair Use Limits
Some subscription plans include access to AI-powered features, including plans labeled as “unlimited.” “Unlimited” refers to typical commercial use by a single user or team and is subject to this Fair Use Policy.
We use a credit system for AI features, where 1 credit equals 100 tokens of processing. While “unlimited” plans offer generous usage, they are capped at 100,000 credits per billing cycle. This cap is in place to maintain system stability and cost sustainability.
We reserve the right to monitor usage patterns and may restrict, throttle, or suspend access to AI features if usage:
Exceeds fair use thresholds,
Appears automated or abusive,
Impacts service performance for others, or
Violates these Terms.
If your needs regularly exceed this cap, please contact us to discuss a custom solution.
8. SERVICE LEVEL
8.1 Target Availability
We aim for 100% uptime except when external factors (e.g., Microsoft platform changes, Squarespace or Stripe outages) are beyond our control. We cannot guarantee uninterrupted operation.
8.2 Scheduled Maintenance
We may perform scheduled maintenance and will make reasonable efforts to notify you in advance if downtime is expected.
8.3 Support
We provide support via email at support@proformancecre.com Monday–Friday, 9:00 AM–5:00 PM CST. We strive to respond within 1–2 business days.
9. DISCLAIMER OF WARRANTIES
9.1 As-Is Basis
EXCEPT AS EXPRESSLY STATED, THE SERVICE (INCLUDING THE ADD-IN) IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND.
9.2 No Guarantees
We do not warrant that the Service will be error-free or immune to Microsoft, Squarespace, or Stripe service interruptions. Your use is at your own risk.
9.3 Disclaimed Warranties
Any implied warranties (merchantability, fitness for a particular purpose, non-infringement) are disclaimed to the fullest extent allowed by law.
10. LIMITATION OF LIABILITY
10.1 Indirect Damages
WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM THE SERVICE OR THESE TERMS.
10.2 Aggregate Liability
OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM.
11. INDEMNIFICATION
You agree to indemnify Pro Formance CRE and its affiliates against claims arising from your misuse of the Service or violation of these Terms.
12. TERMINATION
12.1 Suspension or Termination by Us
We may suspend or terminate your subscription if you breach these Terms or if we detect unauthorized account sharing beyond the licensed limit.
12.2 Cancellation by You
You can cancel at any time via your Squarespace customer account or by contacting us at support@proformancecre.com. No refunds apply beyond the stated refund windows.
12.3 Effect of Termination
Upon termination, your right to use the Service ceases immediately. We have no obligation to retain your data.
13. GOVERNING LAW AND DISPUTE RESOLUTION
13.1 Governing Law
These Terms are governed by Texas law, without regard to conflict-of-law provisions.
13.2 Jurisdiction
Disputes shall be brought in state or federal courts in Texas. You consent to such jurisdiction.
14. FORCE MAJEURE
Neither party is liable for events beyond its control (e.g., natural disasters, war, third-party platform outages).
15. MISCELLANEOUS
15.1 Entire Agreement
These Terms, along with any referenced policies (Privacy Policy), form the entire agreement regarding your use of the Service.
15.2 Severability
If a provision is invalid, the remainder remains in full force.
15.3 No Waiver
Failure to enforce a right is not a waiver of future enforcement.
15.4 Assignment
You may not assign these Terms without our written consent. We may assign them without restriction.
16. CONTACT INFORMATION
For questions, cancellations, or refund requests, contact:
Email: support@proformancecre.com
BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND AGREE TO BE BOUND BY THEM.