Terms of Service
These Terms of Service ("Terms") govern your use of Offer Napkin's website and services (the "Service"), operated by offernapkin.com. By creating an account or using the Service, you agree to these Terms.
Contents
1. What Offer Napkin Is — and Is Not
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:
- Submit false, fraudulent, or misleading listings or offers;
- Use the Service to harass, spam, or send unsolicited communications;
- Attempt to access another user's account or data without authorization;
- Interfere with or disrupt the operation of the Service;
- Use the Service for any unlawful purpose.
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.
Deal Room terms. Publishing a Deal Room starts a six-month term for that room, beginning on the day it is published. Closing a Deal Room does not pause or extend its term, and reopening it during the term is included at no additional charge. When the term ends, an open Deal Room continues at $19.99 per month until it is closed, or you may renew it for a new six-month term at $49.99.
If you downgrade from Deal Room – Pro Plus and you have no open Deal Rooms, you will receive a prorated credit for the unused days of your current paid period, based on the amount actually paid for that period. Prorated credits are issued to your account balance after review by Offer Napkin, are not cash refunds, and may be applied to future purchases. No prorated credit is given if you have open Deal Rooms when you downgrade; open Deal Rooms remain active and, beginning on the first day of the following month, are billed at $19.99 per month for each month they remain open. Downgrading to Basic requires that you first close all open Deal Rooms.
Account Credit. Your account may hold a credit balance ("Account Credit") from two sources: (a) amounts you actually paid, such as a prorated downgrade credit; and (b) promotional credit, such as the banked remainder of a promo offer. Account Credit applies automatically to future purchases; promotional credit is spent first. Promotional credit has no cash value and can never be redeemed for cash. Credit from amounts you actually paid may be refunded to your original payment method on request if you downgrade to Basic or close your account. Account Credit is not transferable and does not expire while your account is open.
6. Offer Submissions, Delivery & Confirmation
Offer Napkin is a communication tool, not a delivery service. Submitting an offer or other content through the Service does not guarantee that it will be transmitted, received, or reviewed by the intended recipient. Technical difficulties — including service interruptions, scheduled or unscheduled maintenance, software errors, network failures, and failures of third-party providers — may delay, prevent, or result in the loss of a submission, and Offer Napkin is not responsible or liable for any offer or other content that is not submitted, is delayed, or is lost for any technical reason.
An offer should be treated as delivered only when the recipient confirms receipt. For any time-sensitive submission, including any offer subject to a deadline, you are responsible for independently confirming receipt with the listing agent or other recipient by email and by telephone. Notifications provided by the Service are a courtesy only; not receiving a notification does not extend any deadline.
7. 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.
8. Limitation of Liability
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.
9. 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.
10. 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.
11. 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.
12. 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.
13. Contact Us
Questions about these Terms can be sent to [email protected].