TERMS OF SERVICE

Last Updated: 2/20/2026

Version: 1.6

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 & MODIFICATIONS

By registering for or using the Service, you confirm that you have read and agree to these Terms. We may modify these Terms at any time. Your continued use of the Service after changes become effective constitutes your acceptance.

2. DESCRIPTION OF THE SERVICE

2.1 Software-as-a-Service. The Service includes an Excel Office Add-in (“Add-in”) and a cloud-based portal provided in a maintenance ("as-is") state.

2.2 Subscription Plans. The Service is provided through various subscription packages, available with monthly or annual payment intervals.

2.3 Excluded Products. The Multifamily Pro Forma or additional Excel files are not included in your base subscription.

3. DATA STORAGE AND SECURITY

We use industry-standard security measures, including Transport Layer Security (TLS) and encryption at rest. However, no absolute security guarantee is made.

3.1 Customer Responsibility. You are responsible for maintaining your own local backups. The ability to restore saved deals depends on your device, Excel instance, and other third-party systems outside of our control. We are not liable for any failure to restore stored data.

4. ACCOUNT REGISTRATION AND TEAM USAGE

Each paid Subscription Plan allows you to register an unlimited number of Authorized Users, provided that all such users constitute a single "Deal Team" sharing a unified pipeline and data environment. You may not use a single subscription to service multiple distinct business units.

5. SUBSCRIPTION, FEES, AND PAYMENT

Squarespace will automatically bill you at the interval you selected.

Refund Policy: Annual Subscriptions are eligible for a full refund if canceled within 30 days of purchase. Monthly Subscriptions are eligible for a full refund if canceled within 3 days of purchase. To request a refund, email support@proformancecre.com.

6. USAGE, CONDUCT, AND AI LIMITATIONS

6.1 Lawful Use. You agree to use the Service only for lawful purposes. You must not interfere with the Service’s normal operation.

6.2 Shared Credit Pools. AI credit allocations apply to the Subscription Plan as a whole, not to individual users.

6.3 Usage Policies. Credits reset monthly and do not rollover. Usage limits are hard caps.

6.4 Right to Modify or Suspend AI Features. You acknowledge that AI features rely on third-party APIs and variable token costs. Company reserves the absolute right to unilaterally reduce credit limits, substitute alternative AI models, or throttle, suspend, or permanently discontinue any or all AI features at its sole discretion, at any time, and without notice or liability, if maintaining such features becomes commercially unreasonable. Such modifications shall not constitute a breach of these Terms nor entitle you to a refund.

7. SERVICE AVAILABILITY AND SUPPORT

7.1 Service Availability ("As Is"). The Service is provided strictly on an 'AS IS' and 'AS AVAILABLE' basis. While Company endeavors to keep the Service operational, Company makes no representations, warranties, or guarantees regarding uptime, availability, or uninterrupted operation. Company shall not be liable for any downtime, outages, or disruptions to the Service.

7.2 Scheduled Maintenance. We may perform scheduled maintenance and will make reasonable efforts to notify you in advance if downtime is expected.

7.3 Support Limitations. Support is provided strictly on a commercially reasonable, "as-available" basis via email at support@proformancecre.com. We do not guarantee any specific response times, error resolutions, or bug fixes. Company reserves the right to limit or deny support requests that are excessive, abusive, or outside the scope of basic account access.

8. DISCLAIMER OF WARRANTIES

EXCEPT AS EXPRESSLY STATED, THE SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND. We do not warrant that the Service will be error-free, uninterrupted, completely secure, or that stored data will always be recoverable.

9. LIMITATION OF LIABILITY

WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, ARISING FROM THE SERVICE OR THESE TERMS. OUR TOTAL LIABILITY SHALL NOT EXCEED THE FEES PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM.

10. INDEMNIFICATION

You agree to indemnify Company against claims arising from your misuse of the Service or violation of these Terms.

11. TERMINATION AND SUNSET CLAUSE

11.1 Termination by Customer. You can cancel at any time via your customer account.

11.2 Suspension or Termination for Breach. We may suspend or terminate your subscription if you breach these Terms.

11.3 Termination by Company for Convenience (Sunset Clause). Company reserves the right to sunset the Service, discontinue specific Plans, or terminate these Terms for convenience at any time upon thirty (30) days' written notice to Customer. In the event of such termination, Company's sole liability shall be to issue a pro-rata refund for any prepaid, unused subscription fees.

12. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms are governed by Texas law. Disputes shall be brought in state or federal courts in Texas.

13. MISCELLANEOUS

These Terms form the entire agreement. Failure to enforce a right is not a waiver. You may not assign these Terms without written consent. We may assign or transfer these Terms without restriction.