**DRAFT FOR ATTORNEY REVIEW ONLY — NOT LEGAL ADVICE — DO NOT DISTRIBUTE**

This document is a draft template requiring review and approval by a licensed attorney

before use. Last Updated: [DATE]

Probate Property Radar Terms of Service

These Terms of Service are intended as a legal draft for Probate Property Radar.

They should be reviewed for the company's state of formation, operating model, and actual data practices.

Bracketed items must be completed before publication.

No user-facing version should be distributed until approved by counsel.

Section 1: Acceptance of Terms

By clicking an acceptance button, creating an account, accessing the platform, using any data, downloading any lead, or otherwise using Probate Property Radar, you accept these Terms.

If you are using the platform on behalf of a company, investment fund, brokerage, or other entity, you represent that you have authority to bind that entity.

If you do not agree to these Terms, you must not access or use the platform.

Your continued use after any posted update constitutes acceptance of the updated Terms.

These Terms apply to all subscriptions, trials, data exports, application programming interfaces, reports, dashboards, lead lists, and related services.

The platform is offered only for lawful business purposes connected to real estate acquisition, investment analysis, and marketing.

You are responsible for ensuring that every person using your account understands and follows these Terms.

You must keep account credentials confidential and promptly notify us of suspected unauthorized access.

We may require click-through acceptance, written acceptance, or continued-use acceptance for new or modified terms.

Section 2: FCRA Disclaimer

Probate Property Radar is NOT a consumer reporting agency as defined by the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. ('FCRA'). The information provided through our platform is NOT a consumer report. You expressly agree NOT to use any information obtained from this platform, in whole or in part, as a factor in: (a) establishing a consumer's eligibility for credit or insurance; (b) evaluating a consumer for employment purposes; (c) evaluating a consumer for tenant screening or housing; (d) evaluating a consumer for government benefit eligibility; or (e) any other purpose that would constitute a permissible purpose under the FCRA. You further agree not to combine or aggregate information from this platform with other data to create a consumer report.

For avoidance of doubt, the data is not a consumer report and must not be treated as a consumer report.

The platform is not designed, intended, tested, or approved for eligibility determinations about any individual.

You must not use the platform to evaluate creditworthiness, character, general reputation, personal characteristics, or mode of living.

You must not provide platform data to any person that you know or should know will use it for an FCRA purpose.

You must not state or imply that Probate Property Radar supplies consumer reports.

You must not request that we verify, reinvestigate, score, or certify data for any consumer reporting purpose.

You must implement internal controls that prevent FCRA use by your employees, contractors, vendors, and affiliates.

If you receive a request, demand, subpoena, or complaint alleging FCRA use, you must notify us promptly where legally permitted.

This FCRA restriction survives termination of your account and any expiration of these Terms.

Section 3: Permitted Use

You may use the platform only for real estate acquisition, real estate investment analysis, and lawful real estate marketing.

Permitted use includes identifying potential properties that may be relevant to probate-related acquisition outreach.

Permitted use includes analyzing public-record indicators for internal investment diligence.

Permitted use includes contacting estate representatives or heirs only when the contact is lawful and compliant with all applicable rules.

Permitted use does not include any consumer eligibility decision.

Permitted use does not include any purpose outside the scope of your subscription plan.

You must use exported data only for your own internal business operations.

You must keep accurate records of campaigns, opt-outs, consent, and suppression procedures.

You must comply with all license limits, seat limits, export limits, and technical restrictions.

We may audit usage records to evaluate compliance with these Terms.

The platform does not provide legal, tax, title, probate, appraisal, brokerage, credit, or investment advice.

Platform data is only a lead-generation and research aid; you must independently verify probate status, property ownership, authority to sell, title condition, liens, occupancy, contactability, and applicable legal restrictions before taking action.

Section 4: Prohibited Uses

You must not use the platform for any FCRA purpose, including credit, insurance, employment, tenant screening, housing, government benefit, or similar eligibility decisions.

You must not resell, sublicense, publish, rent, lease, distribute, disclose, or otherwise provide platform data to any third party.

You must not redistribute lead lists, reports, contact information, property records, probate records, or enriched data.

You must not build, train, seed, validate, or enhance a competing database, product, service, model, or lead-generation system.

You must not scrape, crawl, harvest, spider, bulk download, reverse engineer, or bypass technical limits.

You must not use automated scripts, bots, credential sharing, or unauthorized API calls.

You must not use data to harass, threaten, embarrass, exploit, or unlawfully pressure any person.

You must not use the platform to send illegal, misleading, deceptive, or noncompliant communications.

You must not remove proprietary notices or misrepresent the source of data.

You must not interfere with platform security, availability, monitoring, or rate limits.

You must not upload malicious code, attempt unauthorized access, or probe network vulnerabilities.

You must not use the platform in violation of federal, state, local, or international law.

Section 5: No Resale or Redistribution

Platform data is licensed to you for your internal use only.

You may not sell, resell, broker, disclose, redistribute, syndicate, publish, transfer, or otherwise make data available to any third party.

You may not place platform data into a shared database, cooperative database, data exchange, list rental service, advertising network, or public repository.

You may not use platform data to create a derivative database for commercial distribution.

You may not use platform data to validate, append, enrich, or improve a third-party database except as expressly approved in writing by us.

You may not provide login credentials, exports, screenshots, or reports to outside parties except your attorneys and compliance advisors for review.

Your contractors may access the data only if they are bound by written confidentiality and use restrictions at least as protective as these Terms.

You remain responsible for all acts and omissions of your employees, contractors, agents, affiliates, and vendors.

Any unauthorized resale or redistribution may cause irreparable harm for which monetary damages may be inadequate.

We may seek injunctive relief, damages, fees, and any other available remedy for breach of this section.

Section 6: No Warranty / Data Accuracy

DATA IS PROVIDED 'AS IS' WITHOUT WARRANTY OF ANY KIND. Data is sourced from public records which may contain errors, omissions, or outdated information.

Public probate, property, tax, court, and government records can be delayed, incomplete, inconsistent, or incorrectly indexed.

Third-party data providers may supply information that contains inaccuracies or stale records.

We do not warrant that any person is living, deceased, reachable, authorized to sell property, or interested in selling property.

We do not warrant that any property is available, probate-eligible, marketable, free of liens, or suitable for investment.

You must independently verify all records before relying on them.

You must consult qualified legal, title, tax, and real estate professionals before taking action.

We disclaim all warranties, express, implied, statutory, or otherwise, including merchantability, fitness for a particular purpose, title, and non-infringement.

We do not guarantee uninterrupted service, error-free data, particular results, lead conversion, or revenue.

Data accuracy complaints should be submitted through the contact process described below.

Section 7: Telecommunications Compliance

You are solely responsible for compliance when contacting any lead, heir, administrator, personal representative, executor, attorney, or related person.

You must comply with the Telephone Consumer Protection Act, 47 U.S.C. § 227.

You must comply with the Telemarketing Sales Rule, 16 C.F.R. Part 310.

You must comply with the National Do-Not-Call Registry.

You must comply with state do-not-call, mini-TCPA, telemarketing, text messaging, prerecorded-call, and autodialer laws.

You must comply with the CAN-SPAM Act for commercial email.

You must obtain and maintain your own National Do-Not-Call Registry Subscription Account Number, or SAN, where required.

You must scrub all calling lists against applicable federal, state, internal, and company-specific DNC lists before placing calls.

You must honor all opt-out, unsubscribe, revocation, and do-not-contact requests promptly.

You must maintain consent, opt-in, opt-out, and suppression records for at least six years.

You must document the source, date, time, scope, and method of any claimed consent.

You must not use the platform as evidence that any person consented to be called, texted, emailed, or contacted.

You must not contact represented parties where doing so would violate legal or ethical rules.

You must train your personnel on TCPA, TSR, DNC, CAN-SPAM, and state-law requirements.

All violations arising from your outreach are your sole responsibility.

We are not responsible for your scripts, dialers, messaging platforms, call centers, email tools, or campaign practices.

You are responsible for the acts and omissions of any call center, marketing agency, dialer vendor, skip-tracing provider, email vendor, text-message vendor, contractor, or other third party that you use with platform data.

If you claim an exemption from any telemarketing, DNC, consent, or messaging requirement, you must document the exemption before outreach and provide supporting records to us upon request.

You must not use platform data for prerecorded calls, artificial voice calls, autodialed calls, ringless voicemail, mass texting, or similar automated outreach unless you have independently confirmed that the campaign complies with all applicable federal and state requirements.

Section 8: Privacy, Data Broker, and Suppression Compliance

You are responsible for determining whether your use of platform data makes you subject to privacy, data broker, telemarketing, real estate, consumer protection, or other compliance obligations.

You must honor all suppression, opt-out, deletion, correction, unsubscribe, do-not-sell, do-not-share, and do-not-contact files or instructions that we provide or make available through the platform.

You must not use platform data in a way that circumvents a consumer privacy request, data broker deletion request, suppression request, or do-not-contact request.

You must not represent that Probate Property Radar has obtained consent for your outreach or that any lead subject has opted in to communications from you.

You must not disclose platform data to another person for that person's independent marketing unless we expressly authorize it in writing and all required privacy notices, opt-outs, and contracts are in place.

You must maintain reasonable administrative, technical, and physical safeguards for exported data and promptly notify us of unauthorized access, disclosure, resale, or misuse.

Section 9: Indemnification

You agree to indemnify, defend, and hold harmless Probate Property Radar, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorneys' fees) arising from: (a) your use of the platform; (b) your violation of these Terms; (c) any TCPA claims arising from your contact with leads; (d) any FCRA claims arising from your misuse of data; (e) any violation of applicable federal, state, or local laws.

This obligation also includes claims arising from privacy requests, data broker obligations, do-not-sell or do-not-share opt-outs, do-not-contact requests, suppression failures, resale or redistribution, security incidents caused by your systems, and acts or omissions of your vendors or contractors.

This obligation includes claims brought by consumers, heirs, estate representatives, regulators, competitors, vendors, or other third parties.

We may control the defense of any matter subject to indemnification if we reasonably determine that our interests require separate control.

You may not settle any claim in a manner that imposes obligations on us, admits fault by us, or restricts our business without our written consent.

You must cooperate with our defense and provide records, campaign materials, consent evidence, and compliance documentation upon request.

Your indemnification obligations survive termination, expiration, suspension, and account closure.

The remedies in this section are cumulative and do not limit other remedies available under law or equity.

Section 10: Limitation of Liability

To the maximum extent permitted by law, our total aggregate liability for all claims arising out of or relating to the platform or these Terms will not exceed the subscription fees you paid to us during the six months immediately preceding the event giving rise to the claim.

We will not be liable for indirect, incidental, special, consequential, exemplary, enhanced, or punitive damages.

Excluded damages include lost profits, lost revenue, lost business opportunities, loss of goodwill, data loss, business interruption, and substitute service costs.

The limitation applies whether a claim is based on contract, tort, negligence, strict liability, statute, warranty, or any other theory.

The limitation applies even if a remedy fails of its essential purpose.

Some jurisdictions do not allow certain liability limitations, so some limitations may apply only to the extent permitted by law.

Nothing in these Terms limits liability that cannot legally be limited.

Section 11: Dispute Resolution / Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms, the platform, data, billing, or communications will be resolved by binding individual arbitration.

The arbitration will be administered by the American Arbitration Association under its applicable commercial arbitration rules.

The arbitration will be conducted on an individual basis only.

You and Probate Property Radar waive the right to participate in any class action, class arbitration, collective action, private attorney general action, or representative proceeding.

The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to resolve that party's individual claim.

The arbitration location will be [STATE], unless the parties agree otherwise in writing.

A party seeking arbitration must first provide written notice describing the dispute and requested relief.

The parties will attempt in good faith to resolve the dispute informally for at least thirty days after notice.

You may opt out of this arbitration agreement by sending written notice within thirty days after first accepting these Terms.

The opt-out notice must include your name, account email, company name if applicable, and a clear statement that you opt out of arbitration.

Opting out of arbitration does not affect any other provision of these Terms.

Either party may seek temporary or preliminary injunctive relief in court to protect confidential information, intellectual property, or platform security.

Section 12: Governing Law

These Terms are governed by the laws of [STATE], without regard to conflict-of-law rules.

The Federal Arbitration Act governs the interpretation and enforcement of the arbitration agreement.

If any dispute is not subject to arbitration, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in [STATE].

You waive objections based on inconvenient forum or lack of personal jurisdiction to the extent permitted by law.

The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Section 13: Account Suspension and Termination

We may immediately suspend or terminate your account without prior notice if we believe you violated these Terms, used data unlawfully, created legal risk, threatened platform security, failed to pay fees, or engaged in conduct harmful to us or others.

We may suspend access while investigating suspected misuse, unauthorized resale, FCRA use, TCPA risk, scraping, credential sharing, or security incidents.

Where we determine a breach is curable, we may provide written notice and a cure period of ten days unless a shorter period is required by law, contract, risk, or security needs.

If you fail to cure within the stated period, we may terminate access and delete or restrict account functionality.

No cure period is required for willful misconduct, illegal use, resale, redistribution, scraping, FCRA misuse, security attacks, or conduct that may expose us to regulatory or third-party claims.

Upon termination, you must stop using the platform and delete or return platform data unless retention is required by law or approved by us in writing.

Termination does not relieve you of payment obligations incurred before termination.

Sections concerning FCRA restrictions, resale restrictions, confidentiality, warranty disclaimers, telecommunications compliance, privacy and suppression compliance, indemnification, liability limits, arbitration, and governing law survive termination.

Section 14: Modifications

We may modify these Terms from time to time.

We may provide notice by posting an updated version, sending email, displaying in-product notice, or using another reasonable method.

The updated Terms become effective on the date stated in the notice or, if no date is stated, when posted.

Your continued use after the effective date constitutes acceptance of the modified Terms.

If you do not agree to modified Terms, you must stop using the platform before the effective date.

We may require renewed click-through acceptance for material changes.

Changes will not reduce accrued payment obligations or retroactively authorize prohibited conduct.

Section 15: Contact Information

Legal notices to Probate Property Radar should be sent to [COMPANY ADDRESS/EMAIL].

Customer support requests should be sent through the account portal or to [COMPANY SUPPORT EMAIL].

Privacy requests should be sent to the privacy contact listed in the Privacy Policy.

Notices to you may be sent to the email address associated with your account.

You are responsible for keeping account contact information current.

This draft must be reviewed by licensed counsel before use.