1. Acceptance of Terms
By accessing or using the DealDNA platform (“the Service”), operated by DealDNA, Inc. (“DealDNA,” “we,” “us,” or “our”), you agree to be bound by these Terms of Service (“Terms”). If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms. If you do not agree, you may not use the Service.
2. Description of Service
DealDNA is a software-as-a-service (SaaS) platform for real estate investors providing property data management, AI-powered deal scoring, lead tracking, multi-channel campaign automation, deal pipeline management, construction project tracking, and disposition tools. The Service includes web and mobile applications, APIs, and related documentation.
3. Account Registration & Security
- You must provide accurate, current, and complete information during registration.
- You are responsible for maintaining the confidentiality of your account credentials, including API keys.
- You must notify us immediately of any unauthorized access to your account.
- You must be at least 18 years old and legally able to enter into binding agreements.
- One person or entity may not maintain more than one free trial account.
- You are responsible for all activity that occurs under your account, including activity by team members you invite.
4. Acceptable Use
You agree to use the Service only for lawful purposes and in accordance with these Terms. You shall not:
- Violate any applicable local, state, national, or international law, including TCPA, CAN-SPAM, CCPA, and state telemarketing regulations
- Send outreach campaigns without obtaining proper prior consent from recipients
- Ignore or circumvent Do Not Call requests, opt-out requests, or time-of-day restrictions
- Use the Service for harassment, discrimination, fraud, or any illegal activity
- Attempt to reverse-engineer, decompile, or disassemble any part of the Service
- Scrape, crawl, or use automated means to access the Service beyond authorized API usage
- Resell, redistribute, or sublicense access to the Service without written authorization
- Upload malicious code, viruses, or any harmful content
- Interfere with or disrupt the integrity or performance of the Service
- Exceed published API rate limits or attempt to circumvent usage quotas
5. Communication Compliance
The Service provides tools for automated outbound communications including SMS, email, voice calls, and direct mail. By using these features, you acknowledge and agree that:
- You are solely responsible for TCPA, CAN-SPAM, and all applicable telemarketing law compliance
- You will obtain and document proper prior express consent before initiating automated communications
- You will honor all opt-out requests within the timeframes required by law
- DealDNA provides compliance tools (DNC management, time restrictions, frequency caps) as aids, but these do not guarantee legal compliance
- You assume all liability for your outreach activities conducted through the Service
- You will not use the Service to send communications that violate the Fair Housing Act or any anti-discrimination laws
6. Fair Housing & Non-Discrimination
DealDNA's AI scoring algorithms do not use race, color, religion, national origin, sex, familial status, or disability as scoring factors. You agree not to use property scores, lead data, or any Service features in a manner that discriminates against protected classes under the Fair Housing Act, Equal Credit Opportunity Act, or any applicable anti-discrimination law. A Fair Housing disclaimer is displayed on all score-related interfaces.
7. Billing & Subscriptions
- Plans: The Service offers tiered subscription plans (Starter, Pro, Enterprise) billed monthly or annually via Stripe.
- Free Trial: New accounts receive a 14-day free trial with full access to the selected tier. No credit card is required to start a trial.
- Upgrades/Downgrades: You may change your plan at any time. Upgrades take effect immediately with prorated billing. Downgrades take effect at the start of the next billing cycle.
- Usage-Based Charges: SMS, voice calls, direct mail, and skip traces are billed separately based on actual usage at published per-unit rates.
- Cancellation: You may cancel at any time from account settings. Access continues through the end of the current billing period. No refunds for partial billing periods.
- Failed Payments: If a payment fails, we will attempt to collect for up to 14 days. If payment cannot be collected, your account may be downgraded or suspended.
- Price Changes: We may change pricing with 30 days' written notice. Existing annual subscriptions are honored at the original price through their term.
8. API Usage
- API access is available on the Enterprise plan or as an add-on to Pro plans.
- API keys are confidential. You must not share API keys publicly or embed them in client-side code.
- Rate limits apply: 100 requests per minute per API key. Exceeding limits results in HTTP 429 responses.
- We reserve the right to throttle or revoke API access for abusive usage patterns.
- API responses must not be cached for longer than 24 hours without written authorization.
- You may not use the API to build a competing product or service.
9. Data Ownership & License
- Your Data: You retain full ownership of all data you input into DealDNA, including property records, contacts, leads, deals, and campaign content.
- License to Us: You grant DealDNA a limited, non-exclusive license to process, store, and display your data solely to provide the Service.
- Aggregated Data: We may use anonymized, aggregated data derived from your usage for analytics, benchmarking, and Service improvement. This data cannot be used to identify you or your organization.
- Our Intellectual Property: The Service, including all software, algorithms, scoring models, UI designs, and documentation, is the exclusive property of DealDNA, Inc. and is protected by intellectual property laws.
- Data Export: You may export your data at any time in CSV or JSON format via the platform or API.
10. Service Availability & SLA
- We target 99.9% uptime for the Service, excluding scheduled maintenance windows.
- Scheduled maintenance is announced at least 48 hours in advance via email and the status page.
- Enterprise plans include a formal SLA with uptime guarantees and service credits for qualifying downtime events.
- We are not responsible for downtime caused by third-party providers, force majeure events, or your own systems.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DEALDNA IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
IN NO EVENT SHALL DEALDNA'S TOTAL AGGREGATE LIABILITY EXCEED THE AMOUNTS YOU PAID TO DEALDNA IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. DEALDNA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL.
DEALDNA DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR TIMELINESS OF PROPERTY DATA, SCORES, OR MARKET INFORMATION. ALL INVESTMENT DECISIONS ARE MADE AT YOUR OWN RISK.
12. Indemnification
You agree to indemnify, defend, and hold harmless DealDNA, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your outreach campaigns and communications; (d) your violation of any third-party rights; or (e) any data you submit to the Service.
13. Termination
- You may terminate your account at any time from your account settings.
- We may suspend or terminate your account immediately for material violation of these Terms, including but not limited to: TCPA violations, harassment, fraud, or abuse of the Service.
- We may terminate your account with 30 days' notice for non-material reasons.
- Upon termination, you have 30 days to export your data. After 30 days, your data will be permanently deleted.
- Sections 9 (Data Ownership), 11 (Limitation of Liability), 12 (Indemnification), and 15 (Governing Law) survive termination.
14. Dispute Resolution
Any dispute arising from these Terms or the Service shall first be submitted to good-faith mediation. If mediation fails, disputes shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted in Pinellas County, Florida. Each party bears its own costs. Class action waiver: you agree to resolve disputes individually and waive any right to participate in class or collective proceedings.
15. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. Any legal action not subject to arbitration shall be brought in the state or federal courts located in Pinellas County, Florida, and you consent to the personal jurisdiction of such courts.
16. Changes to These Terms
We reserve the right to modify these Terms at any time. Material changes will be communicated via email or a prominent notice on the Service at least 30 days before taking effect. Your continued use of the Service after the effective date of any changes constitutes acceptance of the revised Terms. If you do not agree to the revised Terms, you must discontinue use and close your account.
17. Miscellaneous
- Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and DealDNA.
- Severability: If any provision is found unenforceable, the remaining provisions continue in full force.
- Waiver: Failure to enforce any provision does not constitute a waiver of that provision.
- Assignment: You may not assign your rights under these Terms without our prior written consent. We may assign our rights without restriction.
- Force Majeure: We are not liable for delays or failures caused by events beyond our reasonable control.
18. Contact
For questions about these Terms: