Terms of Service

By creating an OfferConsole account, installing our software, or otherwise using the Service, you confirm that you have read, understood, and agree to be legally bound by these Terms and our Privacy Policy, which is incorporated by reference. If you are accepting these Terms on behalf of a company, partnership, or other legal entity, you represent that you have authority to bind that entity, and the terms "you" and "your" will refer to that entity.

We may update these Terms from time to time as described in the "Changes to these Terms" section below. Your continued use of the Service after an update constitutes acceptance of the revised Terms.

To use the Service, you must:

• Be at least 18 years of age and legally able to enter into a binding contract.
• Reside in, and use the Service from, the United States. OfferConsole is currently offered to US-based customers only.
• Be an active real estate professional — including but not limited to a wholesaler, investor, agent, broker, fund operator, or principal — using the Service in furtherance of bona fide real estate activity. OfferConsole is a professional tool and is not intended for consumer use.
• Hold any state, county, or municipal licenses required for the type of real estate activity you conduct using the Service (for example, wholesale-licensing regimes in Illinois, Oklahoma, South Carolina, and other applicable jurisdictions).

You represent and warrant that all information you provide during registration is accurate and complete, and that you will keep it current. We may suspend or terminate accounts that fail to meet these eligibility requirements.

You are responsible for safeguarding your account credentials, enabling reasonable security controls (including two-factor authentication when available), and all activity that occurs under your account. You agree to notify us promptly at security@offerconsole.com of any unauthorized access or suspected breach. We are not liable for any loss arising from your failure to maintain credential security.

You may not share your account, sell access to it, or permit any third party to use your seat. Multi-seat plans permit only the number of named users specified in your plan.

The Service is offered on a subscription basis. Specific plan features and pricing are described on our pricing page and in the order form or signup flow you complete. By subscribing, you authorize OfferConsole (and its payment processor, Stripe, Inc.) to charge your designated payment method on the recurring schedule you select.

• Free trial. Eligible new customers may receive a 7-day free trial. Stripe may collect a payment method at signup, but you will not be charged during the trial. Plan usage limits apply during the trial. If you do not cancel before the trial ends, your subscription will begin and you will be charged the then-current rate for your selected plan. We send a 24-hour reminder before the first paid charge.
• Billing cycle. Monthly plans renew every calendar month; annual plans renew every twelve months. Renewal is automatic until cancelled.
• Cancellation. You can cancel at any time from your account settings. Cancellation takes effect at the end of the then-current billing period; you retain access until that period ends.
• No partial refunds. Fees are non-refundable except where required by law. We do not prorate fees for partial months, partial years, unused seats, or unused features.
• Taxes. All fees are exclusive of taxes. You are responsible for any applicable sales, use, value-added, or similar taxes, except taxes based on our net income.
• Failed payments. If a charge fails, we will retry and may suspend the Service until payment succeeds. Repeated failures may result in account termination.
• Price changes. We may change prices on at least 30 days' notice. New pricing takes effect on your next renewal.

OfferConsole's Dispo Partnership is a co-wholesale services arrangement, not a brokerage relationship. The arrangement is opt-in on a per-deal basis: every analyzed deal in your dashboard shows an aggregate private-demand count from our private buyer pool whose buy-boxes match the property, but buyer identities (names, emails, phone numbers, and the specifics of their buy-boxes) are not disclosed to you.

• Joint Venture required. Engaging OfferConsole's dispo services on a locked deal is effected through a per-deal Joint Venture Agreement (JV) executed electronically between you and OfferConsole. The JV codifies the 60/40 split and authorizes your escrow / title agent to disburse the assignment fee directly to each party at funding. OfferConsole will not engage privately matched buyers on a deal until a JV is fully executed.
• No subscription fee. Access to the aggregate buyer-demand count and the Hand-to-OfferConsole workflow is included with every paid OfferConsole subscription tier at no additional monthly cost.
• Hand-off mechanic. After you lock a purchase contract on a property, you may click Hand to OfferConsole on the locked-deal page to engage our dispo services. OfferConsole will then, on your behalf: (a) contact matching buyers in our private buyer pool, (b) furnish them with the deal package, (c) operate a private deal-room for buyer-seller communications, and (d) facilitate the assignment-of-contract paperwork between you and the prevailing buyer.
• Co-wholesale split. If a buyer sourced and engaged through the Dispo Partnership completes the assignment and you collect an assignment fee, OfferConsole's services fee is forty percent (40%) of the gross assignment fee, and you keep sixty percent (60%). This split is consistent with customary US wholesale co-op conventions. The fee is payable to OfferConsole within ten (10) days of your receipt of assignment proceeds.
• No fee if we don't close. If a hand-off does not result in a closed assignment with a OfferConsole-sourced buyer, no services fee is owed. You may at any time withdraw the hand-off and self-dispose of the contract — in which case no services fee applies regardless of outcome.
• Self-dispo always allowed. You retain the right to dispo any locked contract through channels of your own choosing (your own buyer list, public marketplaces, prior wholesale partnerships). The Dispo Partnership applies only to deals you affirmatively hand off via the in-app workflow.
• Auto-invoice. You authorize OfferConsole to generate a Stripe invoice for the 40% services fee once you confirm the assignment has funded (or once we receive notice of closing from the buyer or from public record). The invoice is charged against the payment method on file with your subscription.
• Not a brokerage commission. The Dispo Partnership services fee is a co-wholesale services fee, not a real estate brokerage commission, and is not contingent on the procurement of a real estate transaction by a licensed broker. OfferConsole does not list properties for sale, represent buyers or sellers in principal-agent capacities, or provide opinions of value. Local real estate licensing and wholesaling regulations are your responsibility (see Section 6 — Acceptable Use).
• Dispute window. If you believe a services fee was charged in error, you must dispute it in writing to billing@offerconsole.com within 30 days of the charge. We will investigate in good faith and refund any fee charged in error.

You agree not to use the Service to:

• Send unsolicited commercial messages in violation of the CAN-SPAM Act, the Telephone Consumer Protection Act (TCPA), state mini-TCPA statutes, or any other applicable communications law.
• Use any contact data exported from the Service for unlawful phone or text outreach, including outreach to numbers on the National Do Not Call Registry or any internal suppression list without a documented lawful basis.
• Violate any state, county, or municipal real estate wholesaling, licensing, or disclosure law. You are solely responsible for confirming whether your activity requires a real estate license in the jurisdictions where you operate.
• Misrepresent yourself, the property, the seller's relationship to the property, your authority to assign a contract, or any material fact in any communication sent through the Service.
• Scrape, reverse-engineer, decompile, or extract data from the Service in bulk, except via APIs we explicitly publish.
• Resell, sublicense, or white-label the Service to third parties without a written reseller agreement signed by OfferConsole.
• Upload malware, attempt to gain unauthorized access, or interfere with the integrity or performance of the Service.
• Use the Service to discriminate against any protected class in violation of the Fair Housing Act or any state equivalent.

You acknowledge that compliance with TCPA, CAN-SPAM, state wholesale licensing, and Fair Housing law is your responsibility as the sender, marketer, and principal. OfferConsole provides the infrastructure to send communications — but you are the speaker.

You retain all rights, title, and interest in the content and data you submit to the Service — including your deal pipeline, comp data, contracts, LOIs, notes, and uploaded files (collectively, "Customer Data").

You grant OfferConsole a worldwide, non-exclusive, royalty-free license to host, copy, transmit, display, and process Customer Data solely to (a) provide and improve the Service for you, (b) operate the Dispo Partnership buyer-matching system, (c) generate aggregated, anonymized analytics and benchmarks that do not identify you or any individual buyer or seller, and (d) comply with legal obligations.

Buyer mandate data submitted by network buyers — buy-boxes, geography preferences, price ranges, financing posture — is retained by OfferConsole so we can match it to inbound contracts. We may use anonymized, aggregated buy-box data to publish market commentary and product benchmarks; we will not publish any buyer's identity or proprietary acquisition criteria in identifiable form.

The Service includes Auto-Drip, an outbound email engine that sends letters of intent and follow-ups on your behalf from mailboxes you connect (e.g., Google Workspace via OAuth, custom SMTP). By connecting a mailbox, you authorize OfferConsole to send messages from that mailbox in the volumes and cadences you configure.

You are the legal sender of every message OfferConsole sends from your mailbox. You are responsible for the accuracy of the content, for compliance with CAN-SPAM (including a working unsubscribe mechanism and a valid physical postal address), and for honoring any opt-out within ten (10) business days. OfferConsole auto-appends a default CAN-SPAM-compliant footer, but you remain responsible for verifying it for your jurisdiction and use case. See our Email Sending Compliance page for additional detail.

OfferConsole's deal-quality engine, max-offer calculator, comparable property analysis, NSPIRE risk scoring, cash buyer matching, and any other outputs are informational only. They are model-based estimates, not guarantees of value, rent, sell-through, or close. They are not investment advice, legal advice, tax advice, an appraisal, a broker price opinion, or a recommendation to buy or sell any property.

You must independently evaluate every deal. Consult a licensed real estate attorney, CPA, appraiser, or other professional for advice specific to your situation. OfferConsole makes no representation that any deal flagged "greenlight" will close, will sell, will appraise, or will perform as modeled.

We respect intellectual property rights. If you believe content on the Service infringes your copyright, please send a DMCA notice to our designated agent at dmca@offerconsole.com containing the information required by 17 U.S.C. § 512(c)(3), including (a) your physical or electronic signature, (b) identification of the copyrighted work, (c) identification of the allegedly infringing material with sufficient detail to locate it, (d) your contact information, (e) a good-faith statement of belief that the use is not authorized, and (f) a statement under penalty of perjury that your notice is accurate and that you are the owner or authorized to act on the owner's behalf. We will respond to valid notices in accordance with the DMCA, including by removing or disabling the material and notifying the alleged infringer.

You may terminate your account at any time from account settings. We may suspend or terminate your access to the Service immediately, with or without notice, if (a) you materially breach these Terms, (b) we are required to do so by law, (c) your account creates a risk of liability for OfferConsole or its other users, (d) your payment method repeatedly fails, or (e) we discontinue the Service or any material feature of it.

Upon termination, your right to use the Service ends immediately. We will retain Customer Data for up to 30 days after termination so you may export it; thereafter we may delete it. Sections 7, 9, and 12 through 18 will survive termination.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT ANY DATA IT GENERATES WILL BE ACCURATE OR CURRENT. ANY THIRD-PARTY DATA (INCLUDING MLS, COUNTY ASSESSOR, HUD, AND COMPARABLE-SALE DATA) IS PROVIDED ON AN AS-IS BASIS AS WELL.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL OFFERCONSOLE OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, LOST DEALS, BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO OFFERCONSOLE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100). THESE LIMITATIONS APPLY REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED.

You will defend, indemnify, and hold harmless OfferConsole and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with (a) your use of the Service, (b) any Customer Data or content you submit, send, or upload, (c) your violation of any law or third-party right (including TCPA, CAN-SPAM, Fair Housing, or state wholesale licensing laws), or (d) any deal you negotiate, contract, assign, or close using the Service.

These Terms and any dispute arising under them will be governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Except for claims for injunctive relief, any dispute arising out of or relating to these Terms or the Service will be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. The arbitration will be held in Wilmington, Delaware, or by videoconference at the arbitrator's discretion. Judgment on the award may be entered in any court of competent jurisdiction.

You and OfferConsole agree to arbitrate only on an individual basis. Class actions, class arbitrations, and representative actions are not permitted. If a court holds the class waiver unenforceable as to a particular claim, that claim (and only that claim) must be brought in court, and the remainder of this section will remain in effect.

We may update these Terms from time to time. If the changes are material, we will notify you by email or by an in-app notice at least 14 days before they take effect. Your continued use of the Service after the effective date constitutes acceptance of the revised Terms. If you do not agree to the changes, your sole remedy is to stop using the Service and cancel your subscription.

Questions about these Terms? Reach us at legal@offerconsole.com.

OfferConsole LLC
Delaware, USA