OfferQS Terms of Service
DRAFT for attorney review. Not yet effective. Placeholders in [brackets] must be filled before publication.
Effective date: [DATE]
These Terms of Service (the "Terms") are a binding agreement between FiveRivers Company LLC, a Texas limited liability company with its principal office at 1880 S Dairy Ashford Rd #360, Houston, TX 77077 ("FiveRivers", "we", "us"), and the person or organization that creates an account or uses OfferQS ("you"). OfferQS is the software service available at offerqs.com and related applications (the "Service").
By creating an account, accepting these Terms in the Service, or using the Service, you agree to these Terms, the Privacy Policy, the Acceptable Use Policy, and, when you access MLS-sourced data, the HAR VOW Terms of Use. If you accept on behalf of an organization, you represent that you have authority to bind it, and "you" includes that organization.
1. What OfferQS is and is not
1.1 OfferQS is a decision-support software tool. It organizes real estate listing information, public records, market evidence and your own inputs, and performs calculations you configure.
1.2 OfferQS is not a real estate brokerage, agent, appraiser, lender, insurer, tax advisor, attorney or investment advisor. FiveRivers is a software company, not a brokerage. Its principal holds a Texas real estate sales agent license sponsored by Central Metro Realty; that relationship is disclosed because MLS data is displayed under that brokerage's participation and Texas advertising rules require it. Using the Service does not create an agency, client or fiduciary relationship with FiveRivers, its principal or Central Metro Realty, and none of them represents you in any transaction through the Service. FiveRivers and does not provide investment, financial, legal, tax, insurance or appraisal advice. Nothing in the Service is a recommendation to buy, sell, lease, finance or hold any property.
1.3 Calculations, scores, estimates, comparables and findings in the Service are produced from the inputs and assumptions shown with them. They are illustrations, not predictions, valuations or guarantees. You are responsible for verifying every fact that matters to a decision with the original source, a licensed professional or an inspection.
1.4 The Service may display "unknown", "unavailable" or "needs verification" rather than a value. That is intentional. Absence of a fact in the Service is not a statement that the fact does not exist.
2. Accounts and access
2.1 You must be at least 18 years old and able to form a binding contract.
2.2 Login is by one-time codes or links sent to your email address (passwordless). You are responsible for the security of that email account and for all activity under your account. Tell us promptly at support@offerqs.com if you believe your account has been accessed without authorization.
2.3 Accounts are for named individuals. Sharing login credentials, or using one seat for more than one person, is prohibited. An organization may purchase multiple seats and assign them to named users through its administrator.
2.4 Organization administrators can add and remove named users, see organization-level content, and manage billing. Content created inside an organization context belongs to the organization; content created in your personal context belongs to you. The Service shows which context you are working in.
3. Subscriptions, fees and payment
3.1 The Service is available only by paid subscription. There is no free tier and no trial. Current prices are shown at checkout: as of the effective date, $34.99 per named user per month or $349 per named user per year.
3.2 Subscriptions renew automatically at the end of each billing period at the then-current price unless canceled before renewal. You authorize us and our payment processor (Stripe) to charge your payment method for all fees, including prorated charges when seats are added mid-period.
3.3 All fees are non-refundable, including for partial periods, unused seats, downgrades and cancellation, except where a refund is required by law or we choose to issue one for a billing error.
3.4 Cancellation takes effect at the end of the current billing period. You keep access until then. Reducing seats takes effect as described in the Service at the time of the change.
3.5 Prices exclude taxes. Where we are required to collect sales or use tax, it is added based on the billing address you provide, and you are responsible for keeping that address accurate.
3.6 If a payment fails, we will retry and notify you. If payment is not completed after our retry period, we may suspend access until the balance is paid. We may change prices with at least 30 days' notice; changes apply from your next renewal after the notice period.
4. Data in the Service
4.1 MLS data. Listing information is provided by the Houston Association of REALTORS® (HAR) through a licensed data provider (Repliers) under the MLS participation of Central Metro Realty, the sponsoring broker of FiveRivers' principal, who is a Texas real estate sales agent. VOW-only information (such as sold prices and off-market history) is made available to registered users on behalf of that participant. It is provided for your personal, non-commercial use to evaluate real estate you may be interested in acquiring, leasing or selling, and is subject to the HAR VOW Terms of Use you accept in the Service. Listing content is copyrighted by HAR and the listing brokers. You may not copy, redistribute, scrape, resell or use it to build any other product or database.
4.2 Public records and third-party data. Appraisal district, tax, flood, school, census and similar data come from public and third-party sources, each shown with its source and date in the Service. They may be incomplete, outdated or wrong. We do not certify legal descriptions, ownership, taxes owed, flood risk, school assignment or any other public-record fact.
4.3 Accuracy. Information is provided "as is" and may contain errors or omissions from its sources. We do not verify listings or public records unless the Service explicitly says a fact was verified, and even then only as of the date shown. Sold prices, off-market history and similar facts are shown only to registered users under the VOW Terms and may not be republished.
4.4 Your content. You keep ownership of the information you enter: assumptions, notes, decision records, documents and other inputs ("Your Content"). You grant us a license to store, process and display Your Content to operate the Service for you and the people you share it with. We do not sell Your Content or use it to train AI models. We may use aggregated, de-identified usage information to improve the Service.
4.5 Sharing. When you share a workspace, record or report with another person, you control what is shared and can revoke it; shared recipients may retain copies they exported while access was permitted. Do not share content you do not have the right to share.
4.6 Fair housing. You may not use the Service to make or support decisions about housing, lending, tenancy or marketing based on race, color, religion, national origin, sex, familial status, disability or any other characteristic protected by federal, state or local fair housing law. The Service does not provide demographic characteristics for this reason.
5. Acceptable use
Your use must comply with the Acceptable Use Policy, which is part of these Terms. In short: no scraping or bulk export of listing data, no reverse engineering, no sharing of seats, no unlawful, deceptive or discriminatory use, no interference with the Service, and no use of the Service to build a competing data product.
6. Intellectual property
The Service, its software, design, methods, text and compilations are owned by FiveRivers or its licensors and protected by intellectual property law. You receive a limited, revocable, non-exclusive, non-transferable right to use the Service under these Terms. Feedback you give us may be used without obligation to you.
6A. Copyright complaints (DMCA)
We respect copyright and comply with the Digital Millennium Copyright Act. If you believe content on the Service infringes your copyright, send a notice meeting the requirements of 17 U.S.C. §512(c)(3) to our designated agent: Rupinderjit Singh, FiveRivers Company LLC, 1880 S Dairy Ashford Rd #360, Houston, TX 77077, support@offerqs.com. We will remove or disable access to the material, notify the user, forward any counter-notice to you, and restore the material if you do not file suit within ten business days. We terminate repeat infringers' accounts.
7. Privacy
Our Privacy Policy explains what we collect and how we use it. It is part of these Terms.
8. Termination
8.1 You may cancel at any time through the Service. We may suspend or terminate your access for breach of these Terms, non-payment, legal requirement, or a data-provider requirement (for example, if HAR or its data provider withdraws our right to display data to you).
8.2 After termination or expiry, you have 90 days to export Your Content. After that, we delete it as described in the Privacy Policy, except where retention is required by law or for billing records.
8.3 Sections 1, 3.3, 4, 6, 9, 10, 11 and 12 survive termination.
9. Disclaimers
THE SERVICE AND ALL INFORMATION IN IT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS OR TIMELINESS. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, OR THAT ANY CALCULATION, ESTIMATE, COMPARABLE, SCORE OR FINDING WILL BE ACCURATE OR ACHIEVED. REAL ESTATE INVOLVES RISK, INCLUDING LOSS OF PRINCIPAL. YOU ALONE ARE RESPONSIBLE FOR YOUR DECISIONS.
10. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, FIVERIVERS AND ITS MEMBERS, OFFICERS, EMPLOYEES, CONTRACTORS, LICENSORS AND DATA PROVIDERS (INCLUDING HAR AND REPLIERS) WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, LOST OPPORTUNITY OR DIMINISHED PROPERTY VALUE, ARISING FROM OR RELATED TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY FOR ALL CLAIMS IN ANY TWELVE-MONTH PERIOD WILL NOT EXCEED THE FEES YOU PAID US FOR THE SERVICE IN THAT PERIOD. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS; IN THOSE JURISDICTIONS OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED.
11. Indemnity
You will defend and indemnify FiveRivers and its data providers against claims, losses and expenses (including reasonable attorneys' fees) arising from Your Content, your use of the Service in breach of these Terms or the VOW Terms, or your violation of law or third-party rights.
12. Governing law and disputes
12.1 These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law rules.
12.2 Arbitration. Any dispute arising out of or relating to these Terms or the Service that cannot be resolved informally within 30 days of written notice to support@offerqs.com will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules (for individuals) or Commercial Arbitration Rules (for organizations), seated in Harris County, Texas. Either party may instead bring an individual claim in small-claims court. YOU AND FIVERIVERS WAIVE JURY TRIAL AND CLASS OR REPRESENTATIVE ACTIONS. You may opt out of this arbitration clause by emailing support@offerqs.com within 30 days of first accepting these Terms.
12.3 Claims must be brought within one year after they arise, where the law permits.
13. Changes to the Service and these Terms
We may modify the Service, including data sources and features, and may withdraw data when a provider requires it. We may update these Terms; material changes will be announced in the Service or by email at least 30 days before they take effect, and continued use after that date is acceptance. The version in effect is always available at offerqs.com/terms with its effective date.
14. General
These Terms, the Privacy Policy, the Acceptable Use Policy and the VOW Terms are the entire agreement between us about the Service. If any provision is unenforceable, the rest remains in effect. You may not assign these Terms without our consent; we may assign them in a merger, acquisition or sale of assets. Notices to us go to support@offerqs.com or the address above; notices to you go to your account email. No waiver is implied by delay. Neither party is liable for failures caused by events beyond its reasonable control.
15. Contact
FiveRivers Company LLC, 1880 S Dairy Ashford Rd #360, Houston, TX 77077. Support: support@offerqs.com. Legal: support@offerqs.com.