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Offer Napkin

Terms of Service

These Terms of Service ("Terms") govern your use of Offer Napkin's website and services (the "Service"), operated by [LEGAL ENTITY NAME]. By creating an account or using the Service, you agree to these Terms.

Contents

  1. What Offer Napkin Is — and Is Not
  2. Accounts
  3. Acceptable Use
  4. Your Content & Linked Files
  5. Fees & Subscriptions
  6. Disclaimers
  7. Limitation of Liability
  8. Indemnification
  9. Termination
  10. Governing Law
  11. Changes to These Terms
  12. Contact Us

1. What Offer Napkin Is — and Is Not

Please read this section carefully. Offer Napkin is a communication and organization tool. It is not a real estate brokerage, a party to any real estate transaction, a licensed real estate agent, an escrow company, or a law firm. Offer Napkin does not draft, review, negotiate, execute, or guarantee any real estate purchase agreement, and it does not provide legal, financial, or real estate advice.

The "Offer Napkin" a buyer submits through the Service is a structured summary intended to help organize and compare offers. It is not, by itself, a legally binding purchase offer. Any binding offer must be made using the appropriate legal form (such as a California Association of REALTORS® purchase agreement) executed outside or alongside the Service. Users are solely responsible for ensuring any offer, acceptance, or transaction complies with applicable law and is properly documented.

Offer Napkin does not verify the accuracy, completeness, or legitimacy of any listing, offer, user identity, or linked document. Users are responsible for independently verifying all information before relying on it or acting upon it.

2. Accounts

You must provide accurate information when creating an account and are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. You must be at least 18 years old to use the Service.

3. Acceptable Use

You agree not to:

We may suspend or terminate accounts that violate these Terms.

4. Your Content & Linked Files

You retain ownership of the listing details, offer terms, and other content you submit ("Your Content"). By submitting Your Content, you grant Offer Napkin a license to use, display, and share it as necessary to operate the Service (for example, showing a submitted offer to the relevant listing agent).

The Service allows you to attach documents by linking to files hosted on third-party services of your choosing. You represent that you have the right to share any file you link to, and you are solely responsible for the accuracy and content of anything you link. Offer Napkin does not host, control, or review linked files and is not responsible for their availability, accuracy, or security.

5. Fees & Subscriptions

Certain features (such as creating a Deal Room) require a paid subscription as described on our Pricing page. Subscription fees are billed in advance on a recurring basis and are non-refundable except as required by law. You may cancel your subscription at any time; cancellation takes effect at the end of the current billing period.

6. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY LISTING, OFFER, OR USER INFORMATION IS ACCURATE OR RELIABLE.

7. Limitation of Liability

This section limits our liability. To the fullest extent permitted by law, Offer Napkin and its owners, employees, and affiliates will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or business opportunity — including, without limitation, any damages arising from a failed, delayed, disputed, or lost real estate transaction, missed deadlines, inaccurate offer terms, or reliance on any listing or offer submitted by another user.

To the extent any liability cannot be excluded, our total liability for any claim arising from your use of the Service will not exceed the amount you paid us in the twelve (12) months preceding the claim.

8. Indemnification

You agree to indemnify and hold harmless Offer Napkin from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from your use of the Service, Your Content, or your violation of these Terms.

9. Termination

You may stop using the Service and delete your account at any time. We may suspend or terminate your access to the Service if you violate these Terms or for any other reason, with or without notice.

10. Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles. Any disputes will be resolved in the state or federal courts located in California, and you consent to the jurisdiction of those courts.

11. Changes to These Terms

We may update these Terms from time to time. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

12. Contact Us

Questions about these Terms can be sent to [email protected].