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Terms of Service

Effective Date: April 17, 2026

1. Introduction

These Terms of Service (“Terms”) are a binding agreement between you and Cactus Real Estate Software Inc. (“Cactus,” “we,” “us,” or “our”) governing your access to and use of our websites, applications, APIs, and related services (collectively, the “Services”). By creating an account, clicking to accept, or using the Services, you agree to these Terms and to our Privacy Policy, Acceptable Use Policy, and Disclaimer, each of which is incorporated by reference.

If you accept these Terms on behalf of an organization, you represent that you have authority to bind that organization and “you” refers to that organization and its authorized users.

2. Eligibility

You must be at least 18 years old and capable of forming a binding contract to use the Services. The Services are not offered to persons subject to U.S. sanctions or located in embargoed jurisdictions.

3. Accounts

  • Registration. You must provide accurate, current, and complete information and keep it updated.
  • Security. You are responsible for safeguarding your credentials and for all activity under your account. Notify us promptly at support@trycactus.com if you suspect unauthorized use.
  • Suspension. We may suspend or terminate your account for violation of these Terms or to protect the Services, our users, or third parties.

4. Organizations and Administrator Authority

If you access the Services as a member of an organization (for example, your employer or client), that organization is the “Customer” and is responsible for your use of the Services. The Customer’s administrators may:

  • manage roles, permissions, and access to Customer Content,
  • review, export, modify, restrict, or delete Customer Content in the organization’s workspace, and
  • remove members, including you, from the organization.

You acknowledge that your use of the Services through an organization is subject to that organization’s internal policies and that Cactus may follow instructions from an authorized administrator with respect to the organization’s account and its content.

5. Subscriptions, Credits, and Billing

5.1 Plans and fees

Paid plans and pricing are described on our website or in an order form. Unless stated otherwise, fees are quoted and payable in U.S. dollars, exclusive of taxes, which you are responsible for.

5.2 Auto-renewal

Paid subscriptions renew automatically for successive periods of the same length (monthly or annual) at the then-current rate until you cancel. You authorize us (through our payment processor) to charge your payment method at the start of each renewal period. You can cancel renewal at any time in your account settings; cancellation takes effect at the end of the current period, and you retain access until then.

5.3 Credits

Certain AI-powered features consume in-Service credits. Credits are granted as part of a plan or purchased separately. Credits:

  • are consumed in first-expiring-first order;
  • expire no later than twelve (12) months after they are granted, unless a different period is specified on your plan;
  • are not transferable, redeemable for cash, or exchangeable between accounts or organizations; and
  • are forfeited if your account or subscription is terminated for breach of these Terms.

Unused credits remaining at the end of a billing period may roll over subject to any cap disclosed on your plan.

5.4 Refunds

Except where required by law, fees and credit purchases are non-refundable, including for partial periods, unused credits, and accounts terminated for breach of these Terms.

5.5 Late payments

If a charge fails, we may retry, downgrade your plan, or suspend paid features until payment is resolved.

6. Licenses and Ownership

6.1 Our license to you

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your internal business purposes during your subscription.

6.2 Ownership of the Services

Cactus and its licensors retain all right, title, and interest in and to the Services and any improvements, including all software, algorithms, models, documentation, trademarks, and related intellectual property. No rights are granted to you other than as expressly stated in these Terms.

6.3 Customer Content

As between you and Cactus, you retain all right, title, and interest in Customer Content you submit. You grant Cactus and its sub-processors a worldwide, non-exclusive, royalty-free license to host, copy, transmit, process, display, and create derivative works of Customer Content solely to provide and improve the Services for you, to enforce these Terms, and to comply with law. Cactus does not use Customer Content to train foundation models, and our AI sub-processors are contractually prohibited from doing so.

6.4 AI Output

Subject to your compliance with these Terms, as between you and Cactus, you own the analyses, text, and files generated by the Services in response to your inputs (“Output”). Because AI models may generate similar output for different users, we cannot guarantee the uniqueness of Output. You are responsible for reviewing Output before using or relying on it. Output is provided as analytical work product, not as financial, investment, tax, legal, or accounting advice. See our Disclaimer.

6.5 Feedback

If you give us suggestions or feedback about the Services, you grant us a perpetual, irrevocable, royalty-free license to use it for any purpose without obligation to you.

7. Acceptable Use

Your use of the Services must comply with our Acceptable Use Policy, which is incorporated by reference. Without limiting that policy, you represent that you have the right to submit Customer Content to the Services and that doing so does not violate any law or third-party right, including confidentiality obligations that apply to documents (such as non-disclosure agreements attached to offering memoranda).

8. Third-Party Services

The Services rely on third-party sub-processors (see our Sub-processor List) and may interoperate with third-party products or data sources. Your use of third-party services is subject to the third party’s terms, and we are not responsible for third-party products, content, or outages.

9. Beta and Preview Features

We may make beta, preview, or experimental features available. These features are provided “as is,” may be changed or removed at any time, may carry additional restrictions, and are excluded from any service commitments.

10. Export and Data on Termination

You may export Customer Content from the Services at any time while your account is active using features we provide. After termination, we may retain Customer Content for up to ninety (90) days to allow reactivation or recovery, after which we will delete or de-identify it except as required by law.

11. Disclaimers

To the maximum extent permitted by law, the Services and all Output are provided “as is” and “as available,” without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, or uninterrupted availability. Without limiting the foregoing, we do not warrant that Output is accurate, complete, or suitable for any particular decision. See our full Disclaimer.

12. Limitation of Liability

To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenues, lost business opportunities, or loss of data, arising out of or related to these Terms or the Services, whether in contract, tort, or otherwise, even if advised of the possibility of such damages.

Our total aggregate liability arising out of or related to these Terms or the Services will not exceed the greater of (a) the amount you paid to Cactus for the Services in the twelve (12) months preceding the event giving rise to the claim and (b) one hundred U.S. dollars ($100).

13. Indemnification

You will defend, indemnify, and hold harmless Cactus and its affiliates, officers, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to (a) your Customer Content, (b) your use of the Services in violation of these Terms or applicable law, or (c) your infringement or misappropriation of any third-party right.

14. Term and Termination

These Terms remain in effect while you use the Services. You may stop using the Services and close your account at any time. We may suspend or terminate your access if you materially breach these Terms, if required by law, or to protect the Services, our users, or third parties. Sections that by their nature should survive termination (including ownership, disclaimers, limitation of liability, indemnification, and dispute resolution) will survive.

15. Changes to the Services or Terms

We may update the Services and these Terms from time to time. For material changes to these Terms, we will give reasonable advance notice by email or through the Services. Your continued use of the Services after the effective date of the updated Terms constitutes acceptance of them; if you do not agree, you must stop using the Services.

16. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles. Except where prohibited by law, any dispute arising out of or relating to these Terms or the Services will be resolved by final and binding arbitration administered by JAMS under its Streamlined Arbitration Rules, seated in Wilmington, Delaware. Either party may bring an individual action in small-claims court for disputes within its jurisdiction, and either party may seek injunctive relief in a court of competent jurisdiction to protect its intellectual property. Class-action waiver: disputes will be resolved only on an individual basis, not as part of any class, consolidated, or representative action.

17. General

  • Entire agreement. These Terms, together with the referenced policies and any order form, constitute the entire agreement between you and Cactus regarding the Services.
  • Assignment. You may not assign these Terms without our prior written consent; we may assign them in connection with a merger, acquisition, or sale of assets.
  • Severability. If any provision is unenforceable, the remainder will remain in effect.
  • No waiver. Failure to enforce a right is not a waiver of it.
  • Notices. We may give notices by email, through the Services, or by posting on our website. Notices to us must be sent to support@trycactus.com.

18. Contact

Questions about these Terms can be sent to support@trycactus.com.