Legal

Last updated: March 2024

These Terms of Service, which we’ll refer to simply as the “Terms,” set out the rules by which you may use our Services. The Terms explain how our Services work and provide you with a list the “dos and don’ts” when using them. These Terms are more than just rules, though – they form a legally binding contract between us and you that you accept when clicking on the box marked “I agree”. Please read through this document carefully and make sure these Terms are acceptable to you. If you don’t agree to any of these Terms, do not click “I agree” and do not continue using the Services. If you have any questions, please don’t hesitate to contact us at [email protected].

1. The Basics

  • 1.1. Key Terms
    • 1.1.1. We are REAL Dev Inc. and we’ll refer to ourselves as “REAL Dev,” “us,” “our,” or “we.”
    • 1.1.2. When we use the term “you,” we mean anyone using our Services.
    • 1.1.3. When you use the Services in connection with a company for whom you are working, we will refer to this company as “Customer,” and we’ll refer to the agreement that we have signed with the Customer for use of our Services as the“Customer Agreement.”
    • 1.1.4. When we refer to our “Platform,” we mean our real estate management platform that includes various functionalities such as unstructured data structuring and analysis, lease abstraction, natural language real-time insights, and portfolio management and when we refer to our“Services” we mean any services available on the Platform.
  • 1.2. Privacy. When you use our Services, we collect Personal Data (as defined in the Privacy Notice) about you. Check out our Privacy Notice at www.real.dev/privacy-policy/ for details about the types of Personal Data we collect, what we do with it, the security measures we use to keep it safe, and the rights you have regarding your Personal Data.
  • 1.3. Changes to these Terms. We may update these Terms from time to time and will post the updated version on this page with the date it was published. Please check this page occasionally to make sure you’re aware of the Terms that apply to you. We will notify you if we make any material changes before the updated Terms take effect. If you continue to use our Services after we update the Terms, that means that you agree to and accept the updated version.

2. Our Services.

Subject to these Terms, REAL Dev allows you to use the Services on a non-exclusive basis for informational purposes. Through the Site you will be able to, among others, watch demos, sign up for a free trial, request a quote, or subscribe to our newsletters.

3. Use Restrictions.

You may not do or attempt to do or facilitate a third party in doing any of the following: (1) decipher, decompile, disassemble, or reverse-engineer any of the software and/or code, if and as applicable, used to provide the Services without our prior written authorization, including framing or mirroring any part of the Services; (2) copy, modify, or distribute the Services in any manner not permitted by these Terms; (3) circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content; (4) use the Site, Services, or Content thereon in connection with any commercial endeavors in any manner, except for the purposes specifically set forth in these Terms; (5) use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce the Content or circumvent the navigational structure or presentation of the Services in any other way; (6) remove, alter, or conceal any copyright, trademark, service mark or other such notices incorporated in the Services; and (7) use the Site, Services, or Content in any manner not permitted by these Terms or applicable law.

4. Content.

We may provide certain materials, such as images, articles, posts, videos, and reports through the Services and may also allow you and other users to provide certain types of material, such as text, images, photos, pictures, videos, comments, and feedback. “Content” means any content available through the Services.

5. Representations.

 By accepting these Terms, you represent that you are at least 18 years old and have the ability to form a binding contract. You also represent that your use of the Services will not violate any applicable law or any obligation you have to a third party.

6. Intellectual Property.

 We retain all worldwide intellectual property rights, title, and interest in our Site, our Services, including its overall appearance and any text, graphics, designs, videos, interfaces, and underlying source files of the Services, any Content we provide, and our name, trademarks, and logos. In some cases, we have obtained the right to use certain elements from others as part of our Services and in that case, those elements are owned by their respective owner/s. Even though we’re allowing you to use our Services, that doesn’t mean that we’re transferring ownership or any other rights to you or that we’re allowing you to use our name, any trademarks, logos, or similar property as your own. If you provide us with any feedback regarding our Services, you agree that we may use it and share it freely.

7. Disclaimers and Disclaimer of Warranty

  • 7.1. All information and content posted on the Site is for informational purposes only, and REAL Dev provides no guarantees with respect thereto. Your use of the Services is at your sole discretion and risk. The Services and any Content are provided on an AS IS and AS AVAILABLE basis without warranties of any kind. We do not represent or warrant that the Services will be accurate or useful for your needs.
  • 7.2. OTHER THAN THE WARRANTIES MADE EXPLICITLY IN THESE TERMS, WE DO NOT MAKE ANY ADDITIONAL WARRANTIES (IMPLIED, STATUTORY, OR OTHERWISE) ABOUT THE SITE, SERVICES OR ANY CONTENT, INCLUDING WITHOUT LIMITATION THAT THE SERVICES WILL BE OF GOOD QUALITY, USEFUL FOR YOUR SPECIFIC NEEDS OR ANY PARTICULAR PURPOSE, ACCURATE, ERROR-FREE (OR THAT ERRORS WILL BE CORRECTED), RELIABLE, SECURE, COMPLETE, CURRENT, NON-INFRINGING, OR THAT THE SERVICES WILL BE PROVIDED IN A TIMELY MANNER.
  • 7.3. We cannot control the functionality of services provided by third parties and assume no responsibility for any telephone or network line failure or interruption, or traffic congestion on the Internet or on the Services themselves. We cannot control the actions of bad actors and do not guarantee that we will successfully prevent unauthorized access to or alteration of the Services.
  • 7.4. Our Site may provide you with links to third-party sites or services. We make no promises regarding and are not liable for the content, goods, or services provided by such third parties, including any payments submitted through such links. We also cannot make any promises about and are not liable for another party’s data protection policies. When you click on any of these links, you do so at your own risk. We urge you to exercise caution when using third-party services.
  • 7.5. In light of the above, you understand that using the Services entails some degree of risk. When you choose to use the Services, you do so at your sole discretion and risk. Some jurisdictions do not allow the exclusion of certain warranties and therefore some of the above exclusions may not apply to you. Check your local laws for any restrictions regarding the exclusion of implied warranties.

8. Limitation of Liability

  • 8.1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, REAL DEV (AND ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, OR SUBCONTRACTORS) SHALL NOT BE RESPONSIBLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT REAL DEV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  • 8.2. OUR MAXIMUM AND AGGREGATE LIABILITY UNDER THESE TERMS AND UNDER ANY CAUSE OF ACTION WILL NOT EXCEED A CUMULATIVE AMOUNT OF USD $50.

9. Indemnification

  • 9.1. You agree to indemnify, defend, and hold harmless REAL Dev, its affiliates, and its/their respective directors, officers, employees, subcontractors, and agents from and against any claim, damage, or loss, including reasonable court costs, attorneys’ fees, and any fines that may be incurred, that arise directly or indirectly from your: (a) breach of these Terms, including any of your representations or warranties, whether by you or by anyone using your account or device, and whether or not that use was authorized by you; (b) use or misuse of the Services; (c) violation of any law or regulation, including breach of applicable data protection laws; and (d) infringement of any right of any third party.
  • 9.2. We agree to indemnify, defend, and hold you harmless from and against any claim, damage, or loss, including reasonable court costs, attorneys’ fees, and any fines that you may incur in connection with any actual or threatened claim, demand, action or other proceeding by any third party arising from or relating to a claim that the Services, as delivered, infringe any patent or copyright or misappropriate any trade secret, provided however, that we shall have no responsibility or liability for any claim to the extent resulting from or arising out of (a) the use of the Services not in compliance with these Terms or applicable law; (b) the combination of the Services with any services that we did not provide; (c) the modification of the Services by any party other than us; or (d) the use of any version of the Services that is not the most up-to-date version.
  • 9.3. Either party claiming indemnification under this Section (“Indemnitee“) shall: (i) provide the other party (“Indemnifying Party“) with written notice of a claim promptly upon becoming aware thereof, (ii) allow Indemnifying Party to control the defense and settlement of the claim, provided that no settlement may be entered into without the consent of Indemnitee if such settlement would require any action on the part of Indemnitee and further provided that Indemnitee may engage its own counsel at its own expense; and (iii) reasonably cooperate with Indemnifying Party, at Indemnifying Party’s expense, in the defense and settlement of the claim.

10. General.

These Terms will take effect when you first use the Services and shall continue in full force and effect as long as you continue to use the Services. These Terms constitute the entire agreement between us and you regarding our Services, and any and all other agreements existing between us regarding the Services are hereby terminated. We may assign our rights and obligations in these Terms to any third party. You may not assign any of your rights or obligations in these Terms to anyone else and any attempt to do so will be void. If either party waives any rights regarding any breach or default of these Terms, that waiver shall not be deemed to waive any other breach or default. The courts in the State of Delaware shall have exclusive jurisdiction over any disputes regarding these Terms. The laws of the State of Delaware shall govern these Terms without regard to the United Nations Convention on the International Sales of Goods. In the event that a court rules that a provision of these Terms is unenforceable, that provision shall be replaced with an enforceable provision which most closely achieves the effect of the original and the remaining terms of these Terms shall remain in full force and effect. Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between us and you, and nothing in these Terms enables you to act on our behalf. If we are required to provide notice to you hereunder, we may provide such notice to the contact details you provided when contacting us.