PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE DOWNLOADING, INSTALLING, OR USING THE APP. THIS ENFORCEABLE CONTRACT CONTAINS A MANDATORY BINDING INDIVIDUAL ARBITRATION AGREEMENT, A CLASS ACTION WAIVER, A JURY TRIAL WAIVER, STRICT LIMITATIONS OF LIABILITY, BROAD INDEMNIFICATION OBLIGATIONS, AND A ONE-YEAR TIME LIMITATION ON ALL CLAIMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, OR USE THE APP OR WEBSITE.
These Terms of Service ("Agreement" or "Terms") constitute an enforceable contract between the individual developer operating OfferSummary ("Developer," "we," "us," or "OfferSummary") and you, whether individually or on behalf of a real estate brokerage, property management firm, transaction coordination service, partnership, or other corporate entity ("User," "Customer," or "you").
By downloading, installing, accessing, or using the OfferSummary mobile application ("App"), or accessing offersummary.com ("Website"), you acknowledge that you have read, understood, and agree to be bound by these Terms, including all policies incorporated herein by reference. If you are entering into this Agreement on behalf of a firm, brokerage, or company, you represent and warrant that you possess full corporate authority to bind that entity to these Terms. If you do not agree to these Terms in their entirety, you are prohibited from accessing or using the App and Website.
OfferSummary is strictly an electronic software tool designed to organize, rank, and display real estate offer data entered by the user, and to generate visual summary documents based on that user-entered data.
NO REAL ESTATE BROKERAGE, LEGAL, OR FINANCIAL ADVISORY SERVICES: OfferSummary DOES NOT provide, nor does it purport to provide, any real estate brokerage services, transaction negotiation services, legal advice, financial advice, appraisal services, or any other licensed professional service. The App and any generated PDF reports or visual cards serve strictly as organizational tools for presenting data that the user has entered manually.
NO GUARANTEE OF ACCURACY OR COMPLETENESS: All calculations, rankings, adjusted offer price computations, financing risk classifications, and summary statistics displayed by the App are based solely on data entered by the user. The Developer makes no representation, warranty, or guarantee as to the accuracy, completeness, or fitness for purpose of any output generated by the App.
SOLE USER RESPONSIBILITY: You and your organization assume sole and exclusive responsibility for: (a) the accuracy and completeness of all offer data entered into the App; (b) reviewing, verifying, and independently confirming all calculations and rankings before presenting them to sellers, buyers, or any third party; (c) all decisions regarding offer acceptance, rejection, counter-offer strategy, or negotiation; and (d) all professional and fiduciary obligations you owe to your clients under applicable real estate licensing laws and regulations.
NOT A SUBSTITUTE FOR PROFESSIONAL JUDGMENT: The App is a data organization and visual presentation aid. It is not a substitute for the professional judgment, expertise, fiduciary duty, or independent analysis of a licensed real estate agent, broker, attorney, or other qualified professional. Sellers and buyers must always receive independent professional guidance from their licensed real estate professional regarding offer analysis and transaction decisions.
Subject to your ongoing adherence to these Terms, OfferSummary grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to install and use the App on Apple-branded iOS and iPadOS hardware that you own or control, in accordance with the Apple Media Services Terms and Conditions.
Prohibited Conduct: You shall not: (a) reverse engineer, decompile, disassemble, or attempt to derive the source code of the App; (b) modify, adapt, translate, or create derivative works based upon the App; (c) rent, lease, loan, sell, sublicense, or otherwise distribute the App or subscription access to unauthorized third parties; (d) circumvent or attempt to bypass any technological protection, security mechanism, or integrity feature implemented in the App; (e) use the App for any fraudulent, deceptive, unlawful, or unauthorized purpose; (f) use the App to generate, present, or share documents containing materially false, fabricated, or misleading offer data; or (g) use the App in any manner that would violate any applicable real estate licensing laws, NAR Code of Ethics, FREC regulations, or fiduciary obligations.
One Device at a Time: The App is licensed for use on your personally owned or controlled Apple devices registered under your Apple ID. Sharing subscription credentials or subscription access with unauthorized users constitutes a material breach of these Terms.
OfferSummary operates strictly on a privacy-first, 100% on-device architecture utilizing Apple's SwiftData local storage framework. All offer data, buyer details, purchase prices, concession entries, property listings, and transaction records are stored exclusively within your physical device's private sandboxed application container.
Zero External Database or Cloud Backup: The Developer does not operate, host, or maintain any external cloud databases, background synchronization servers, remote backup repositories, or user accounts. The Developer possesses zero copies of your listings, offers, client data, or generated documents.
PERMANENT DATA LOSS UPON APP DELETION OR UNINSTALLATION: Under Apple iOS/iPadOS operating system architecture, deleting, removing, or uninstalling the OfferSummary application from your device immediately, automatically, and permanently erases the application's private sandboxed container and all files residing within it. This includes all property listings, competing offer records, notes, decision history, and local settings.
NO DATA RESTORATION UPON REINSTALLATION: BECAUSE THERE ARE NO REMOTE SERVERS OR CLOUD BACKUPS, DATA ERASED UPON APP DELETION CANNOT BE RESTORED, RETRIEVED, RECONSTRUCTED, OR RECOVERED UPON REINSTALLING THE APP, LOGGING INTO ANOTHER DEVICE, OR UNDER ANY OTHER CIRCUMSTANCES. THE DEVELOPER HAS ZERO TECHNICAL CAPABILITY AND ZERO LEGAL OBLIGATION TO RESTORE, RECONSTRUCT, OR RECOVER ANY DATA LOST AS A RESULT OF APP DELETION, DEVICE RESET, HARDWARE UPGRADE, LOST OR DAMAGED DEVICES, OR LOCAL STORAGE CORRUPTION.
SOLE USER RESPONSIBILITY FOR EXPORTS & BACKUPS: You bear sole and exclusive responsibility for safeguarding and backing up your records. You must export any critical 1-page PDF comparison sheets, decision cards, or records via Apple's native iOS Share Sheet (to Apple Files, iCloud Drive, email, or your brokerage document management system) PRIOR TO deleting or uninstalling the App from your device.
Exported Documents: Once exported via the native iOS Share Sheet to an external location (such as Files, AirDrop, Messages, or Mail), generated PDFs and images are managed entirely under your control outside the App sandbox.
Free Tier: OfferSummary includes three (3) complimentary full offer comparisons upon initial download, with no account registration, no ads, and no payment required.
Individual In-App Purchases (Solo Pro): For continued unlimited offer comparisons, users may purchase auto-renewable subscriptions (Solo Pro Monthly or Solo Pro Annual) processed securely through the Apple App Store under Apple's standard Terms and EULA. Payment is charged to your Apple ID account at confirmation of purchase. Subscriptions automatically renew unless cancelled in your Apple ID Account Settings at least 24 hours prior to the end of the current billing period.
STRICT NO-REFUNDS POLICY: ALL SUBSCRIPTION FEES AND IN-APP PURCHASE CHARGES PROCESSED THROUGH THE APPLE APP STORE ARE NON-REFUNDABLE EXCEPT AS REQUIRED BY APPLE'S REFUND POLICY OR APPLICABLE LAW. The Developer does not provide refunds, pro-rated reimbursements, or credits for partially used billing cycles or any reason other than those required by Apple's Terms of Service. Refund requests must be submitted directly to Apple via Apple's standard App Store refund process.
Cancellation: You may cancel your subscription at any time via your Apple ID Account Settings → Subscriptions. To avoid charges for the next billing cycle, cancellation must be completed at least 24 hours before the renewal date. Upon cancellation, you retain access to the App's subscription features through the end of the current paid billing period. All previously generated and locally stored reports remain accessible on your device.
The App, Website, OfferSummary name, branding, design systems, ranking algorithms, PDF generation engines, and all associated intellectual property are the exclusive property of the Developer and are protected by applicable US copyright, trademark, and intellectual property laws. These Terms do not grant you any ownership interest in the App or any of its components. User-entered offer data remains your property. Generated PDF and image outputs created by the App using your data are your property.
THE OFFERSUMMARY APPLICATION, WEBSITE, RANKING ENGINE, ADJUSTED OFFER PRICE CALCULATIONS, FINANCING RISK CLASSIFICATIONS, GENERATED PDF REPORTS, AND IMAGE SUMMARIES ARE PROVIDED STRICTLY ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DEVELOPER EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO: IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF CALCULATIONS, COMPLETENESS OF RANKINGS, UNINTERRUPTED AVAILABILITY, FREEDOM FROM BUGS OR ERRORS, OR NON-INFRINGEMENT.
THE DEVELOPER MAKES NO WARRANTY THAT: (A) THE APP WILL MEET YOUR SPECIFIC BUSINESS REQUIREMENTS; (B) THE APP WILL OPERATE WITHOUT ERRORS, INTERRUPTIONS, OR DATA LOSS; (C) ANY RANKING, ADJUSTED OFFER PRICE CALCULATION, OR FINANCING RISK CLASSIFICATION WILL BE ACCURATE, COMPLETE, OR APPROPRIATE FOR YOUR SPECIFIC TRANSACTION CIRCUMSTANCES; OR (D) ANY EXPORTED PDF OR VISUAL CARD WILL BE ACCEPTED BY ANY THIRD PARTY FOR ANY PURPOSE.
EXCLUSION OF CONSEQUENTIAL DAMAGES: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE DEVELOPER, OFFERSUMMARY, OR ANY AFFILIATES, CONTRACTORS, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION: DAMAGES FOR LOSS OF PROFITS; LOSS OF REVENUE; LOSS OF REAL ESTATE COMMISSIONS OR TRANSACTION INCOME; FAILED OR LOST TRANSACTIONS; ESCROW DISPUTES; LOSS OF EARNEST MONEY DEPOSITS; CONTRACT TERMINATION; LOSS, ERASURE, OR CORRUPTION OF OFFER OR TRANSACTION DATA RESULTING FROM APP DELETION, DEVICE REPLACEMENT, HARDWARE FAILURE, OPERATING SYSTEM UPDATES, OR ABSENCE OF REMOTE BACKUPS; BUSINESS INTERRUPTION; LOSS OF REPUTATION OR GOODWILL; COST OF SUBSTITUTE SERVICES; OR ANY OTHER COMMERCIAL OR FINANCIAL LOSS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE APP — EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
MONETARY AGGREGATE LIABILITY CAP: TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE DEVELOPER AND OFFERSUMMARY ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE APP, OR ANY GENERATED REPORTS OR OUTPUTS, UNDER ANY AND ALL THEORIES OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), SHALL BE STRICTLY LIMITED AND CAPPED AT:
(A) FOR PAYING SUBSCRIBERS: THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO OFFERSUMMARY (VIA APPLE APP STORE IN-APP PURCHASE) IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR ONE HUNDRED DOLLARS ($100.00 USD), WHICHEVER IS GREATER; OR
(B) FOR FREE TIER USERS: A MAXIMUM AGGREGATE SUM OF FIFTY DOLLARS ($50.00 USD).
You agree to defend, indemnify, and hold harmless the Developer, OfferSummary, and any future affiliates, contractors, successors, and agents from and against any and all claims, demands, actions, liabilities, damages, judgments, losses, costs, and expenses (including reasonable attorney fees, arbitration costs, and court costs) arising out of or related to: (a) your use of the App, Website, or any generated PDF reports or visual cards; (b) any dispute, controversy, or litigation between you and any third party (including property sellers, buyers, co-operating agents, brokers, escrow officers, title companies, or contractors) arising from or related to an offer comparison or transaction for which you used the App; (c) any assertion that an offer comparison document or visual card generated using OfferSummary was inaccurate, incomplete, misleading, omitted material terms, or contributed to transaction failure, commission loss, or contract dispute; (d) your violation of any real estate licensing law, FREC regulation, NAR Code of Ethics, or fiduciary duty to your clients; (e) your violation of any third-party rights, privacy rights, or intellectual property rights; or (f) your breach of any representation, warranty, or provision of these Terms.
Prior to commencing any arbitration or judicial proceeding, you and OfferSummary agree to engage in informal good-faith negotiations to resolve the dispute. The initiating party must send a formal written Notice of Dispute detailing the specific facts, claim, and requested relief to the other party via the official support contact at offersummary.com/support.html. Both parties agree to negotiate in good faith for a period of sixty (60) calendar days from confirmed receipt of the Notice of Dispute. No arbitration or judicial proceeding may be filed until the expiration of this 60-day informal negotiation period. Any arbitration or judicial action filed without adhering to this condition precedent shall be subject to immediate dismissal, with the filing party responsible for all reasonable attorney fees incurred in enforcing this requirement.
Any dispute, claim, or controversy arising out of or relating to these Terms, the App, the Website, or the breach, termination, enforcement, interpretation, or validity thereof, which cannot be resolved through the mandatory informal negotiation process, shall be resolved EXCLUSIVELY BY FINAL AND BINDING INDIVIDUAL ARBITRATION administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules (or Consumer Arbitration Rules, whichever is applicable based on the nature of the claim).
Exclusive Venue: The seat and place of arbitration shall be exclusively in Miami-Dade County or Broward County, Florida, United States. The arbitration shall be conducted in the English language by a single neutral, independent arbitrator selected pursuant to AAA Rules. The arbitrator shall have exclusive authority to resolve all threshold issues including the interpretation, applicability, enforceability, or formation of this arbitration agreement.
Costs: Each party shall bear its own arbitration filing fees and legal costs, except as otherwise determined by the arbitrator pursuant to applicable AAA Rules or as required by applicable consumer protection law.
Confidentiality: All aspects of the arbitration proceeding, including all pleadings, evidence, rulings, and awards, shall remain strictly confidential and shall not be disclosed to any third party. The arbitrator's award shall be final and binding, and judgment upon the award may be entered in any court of competent jurisdiction.
Exception: Either party may seek emergency injunctive or equitable relief from a court of competent jurisdiction in Miami-Dade County or Broward County, Florida, to prevent irreparable harm pending resolution of a dispute by arbitration.
YOU AND OFFERSUMMARY EXPRESSLY AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, MASS, CONSOLIDATED, REPRESENTATIVE, OR MULTI-PLAINTIFF PROCEEDING. THE ARBITRATOR SHALL NOT HAVE THE AUTHORITY TO COMBINE OR AGGREGATE SIMILAR CLAIMS, CONDUCT ANY CLASS ARBITRATION, OR AWARD RELIEF ON A CLASS-WIDE OR REPRESENTATIVE BASIS BEYOND THAT REQUIRED TO RESOLVE THE INDIVIDUAL CLAIMANT'S SPECIFIC DISPUTE. IF A COURT DETERMINES THAT THIS WAIVER IS UNENFORCEABLE WITH RESPECT TO A PARTICULAR CLAIM, THAT CLAIM SHALL BE SEVERED AND PROCEED IN COURT, WHILE ALL REMAINING CLAIMS SHALL PROCEED IN INDIVIDUAL ARBITRATION.
TO THE EXTENT ANY DISPUTE IS NOT SUBJECT TO ARBITRATION, YOU AND THE DEVELOPER EACH IRREVOCABLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR THE APP. THIS WAIVER IS VOLUNTARY, KNOWING, AND INTENTIONAL.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS, THE APP, OR ANY SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. This limitation applies regardless of any contrary statute of limitations under applicable law, to the fullest extent permitted by law.
These Terms shall be governed by and construed in accordance with the laws of the State of Florida, United States of America, without regard to its conflict of law provisions. For any disputes not subject to mandatory arbitration, you consent to the exclusive personal jurisdiction and venue of the state and federal courts located in Miami-Dade County or Broward County, Florida.
If any provision of these Terms is held by a court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent necessary so that the remaining provisions of these Terms shall continue in full force and effect. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision.
These Terms, together with the Privacy Policy incorporated herein by reference, constitute the entire agreement between you and the Developer concerning the App and Website, and supersede all prior and contemporaneous agreements, understandings, negotiations, and representations. We reserve the right to modify these Terms at any time. When material changes occur, we will update the Effective Date at the top of this page. Your continued use of the App after any modification constitutes your acceptance of the revised Terms.
If you have any questions, requests, or notices under these Terms of Service, please contact us:
Support & Legal Notices: OfferSummary Support Center
Website: https://offersummary.com
