These Terms of Use ("Terms") are a binding legal agreement between you ("you," "your," or "User") and Acre ("Acre," "we," "us," or "our"), and govern your access to and use of the website located at acrerealestate.app (the "Site") and the pre-launch waitlist offered through it (the "Waitlist," and together with the Site, the "Service").
1. Acceptance of Terms
By accessing or using the Service in any manner — including by visiting the Site, submitting your email address to the Waitlist, or otherwise interacting with the Service — you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, do not access or use the Service.
2. Definitions
In addition to terms defined elsewhere in this document, the following terms have the following meanings:
- "Content" means any text, code, graphics, images, video, audio, data, or other material made available through the Service.
- "Effective Date" means the date set forth above when these Terms become effective for new Users; for existing Users, modifications take effect as described in Section 11.
- "Personal Data" has the meaning given in our Privacy Policy.
- "Submission" means any information, including your email address, that you submit, post, or transmit to or through the Service.
3. Eligibility
You may use the Service only if all of the following are true:
- You are at least sixteen (16) years of age (or the age of majority in your jurisdiction, whichever is greater);
- You have the legal capacity to enter into a binding contract with us;
- You are not barred from using the Service under the laws of the United States, your state of residence, or any other applicable jurisdiction; and
- You will use the Service only in compliance with these Terms and all applicable laws and regulations.
If you are using the Service on behalf of an entity, you represent and warrant that you have authority to bind that entity to these Terms, and you agree to be bound on behalf of yourself and that entity.
4. The Service; Pre-Launch Nature
The Service is currently a pre-launch marketing site and waitlist signup. Acre is in private development. We do not yet offer a commercial product, a User account, paid features, or any service that stores or processes Your business data. Descriptions on the Site of features, capabilities, screens, pricing, branding, and timelines (including any references to early access, beta access, or launch dates) are forward-looking statements that are subject to change without notice and do not constitute commitments to deliver any specific feature, product, service, or pricing.
If and when Acre launches a commercial product, that product will be offered under a separate set of terms that you will be required to review and accept before use; these Terms do not govern your use of any such future product.
5. License to Use the Site
Subject to your compliance with these Terms, Acre grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Site for your personal, non-commercial information purposes, and to submit your own email address to the Waitlist. All rights not expressly granted in these Terms are reserved by Acre.
6. Acceptable Use
You agree not to do, and not to attempt to do, any of the following:
- Submit any email address other than your own, or submit any email address without the lawful consent of its owner;
- Submit information that is false, misleading, fraudulent, or impersonates any person or entity;
- Use automated means, including bots, scripts, scrapers, or crawlers, to submit Waitlist signups, retrieve data from the Service, or otherwise interact with the Service, except as expressly permitted by our
robots.txt; - Bypass, disable, interfere with, or attempt to circumvent any rate limit, security feature, spam-protection mechanism (including any Cloudflare Turnstile challenge), or technical limitation of the Service;
- Reverse-engineer, decompile, disassemble, or otherwise attempt to derive source code from the Service, or copy any substantial portion of the Site, its design, layout, copy, or code for any competing product or service;
- Use the Service to transmit any material that is unlawful, defamatory, harassing, threatening, obscene, abusive, hateful, infringing, or otherwise objectionable;
- Use the Service to transmit any malware, virus, worm, Trojan horse, time bomb, or other code, file, or program designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment;
- Probe, scan, or test the vulnerability of the Service or any related system or network, or breach any security or authentication measure;
- Use the Service to engage in any conduct that violates any applicable law, regulation, or third-party right (including any intellectual-property right, right of publicity, or right of privacy); or
- Encourage, assist, or enable any third party to do any of the foregoing.
We reserve the right, but have no obligation, to investigate and take appropriate action against any User who, in our sole discretion, violates this Section 6, including without limitation removing the User from the Waitlist, denying further access to the Service, and reporting the User to law-enforcement authorities.
7. User Submissions
By making any Submission to the Service, you represent and warrant that: (a) you own or have all necessary rights in the Submission; (b) the Submission does not violate these Terms or any applicable law; and (c) the Submission does not contain any Personal Data of any third party that you are not authorized to provide.
You hereby grant Acre a worldwide, royalty-free, non-exclusive, perpetual, irrevocable license to use, store, reproduce, and process your Submissions solely to (i) operate the Service, (ii) communicate with you about the Service and the Waitlist as described in our Privacy Policy and Section 10, and (iii) comply with applicable law. This license terminates with respect to your email address upon your unsubscribe or deletion request, except where retention is required by law.
8. Intellectual Property
The Service and all Content made available through it — including, without limitation, the "Acre" name and logo, the tagline "Every acre, accounted for.", the "deal assistant with memory" positioning, all visual design elements, copy, illustrations, mockups, screen designs, animations, the underlying source code, and the selection, arrangement, and "look and feel" of the Site — are the exclusive property of Acre or its licensors and are protected by United States and international copyright, trademark, trade-dress, and other intellectual-property laws.
You may (a) reference Acre by name in articles, social-media posts, or similar editorial uses, and (b) link to the Site, in each case in a manner that does not falsely suggest sponsorship, endorsement, partnership, or affiliation with Acre. You may not (i) use Acre's trademarks, logos, or trade dress except as expressly permitted above, (ii) frame or mirror the Site, or (iii) copy or imitate the look and feel of the Site or any branded material in any product, service, or website.
9. Privacy
Our collection, use, and disclosure of Personal Data is governed by our Privacy Policy, which is incorporated into and forms part of these Terms. By using the Service, you consent to the data practices described in the Privacy Policy.
10. Email and Marketing Communications
By submitting your email address to the Waitlist, you consent to receive from Acre (a) a confirmation message acknowledging your Waitlist enrollment, (b) periodic progress updates (approximately one message per month) during Acre's pre-launch period, and (c) an early-access invitation when applicable. These communications are sent in compliance with the U.S. CAN-SPAM Act of 2003, applicable Canadian Anti-Spam Legislation ("CASL"), and, where applicable, the EU General Data Protection Regulation ("GDPR") and the UK GDPR. Each marketing email includes a working unsubscribe mechanism; we will honor opt-out requests within ten (10) business days of receipt.
11. Modifications to Service and Terms
We may modify, suspend, or discontinue the Service, in whole or in part, at any time, with or without notice. We may also modify these Terms from time to time. When we make material changes, we will update the "Last Updated" date above and, where the change materially affects your rights or obligations, provide reasonable advance notice (at least thirty (30) days where practicable) via email to your Waitlist address or via prominent notice on the Site.
Your continued use of the Service after the effective date of any modification constitutes your acceptance of the modified Terms. If you do not agree to a modification, your sole remedy is to stop using the Service and, if you wish, to request deletion of your Waitlist entry under Section 4 of our Privacy Policy.
12. Termination
You may terminate these Terms at any time by ceasing to use the Service and, if you wish, requesting removal of your email address from the Waitlist. We may suspend or terminate your access to the Service immediately and without prior notice if we determine, in our sole discretion, that you have violated these Terms, that suspension or termination is necessary to protect the Service or other Users, or that we are required to do so by law. Upon termination, Sections 6 (Acceptable Use), 8 (Intellectual Property), 13–17 (Disclaimers, Liability, Indemnification, Governing Law, Dispute Resolution), and 19–22 (Severability through Contact) survive.
13. Disclaimers
THE SERVICE, INCLUDING ALL CONTENT, FEATURES, AND DESCRIPTIONS OF FUTURE PRODUCTS, IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ACRE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, AND LICENSORS (COLLECTIVELY, THE "ACRE PARTIES") EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
The Acre Parties do not warrant that (a) the Service will meet your requirements; (b) the Service will be uninterrupted, timely, secure, or error-free; (c) any information obtained through the Service will be accurate or reliable; or (d) any defects in the Service will be corrected. No advice or information, whether oral or written, obtained by you from the Service or from any Acre Party creates any warranty not expressly stated in these Terms.
Some jurisdictions do not allow the exclusion of certain implied warranties; in such jurisdictions, some of the foregoing exclusions may not apply to you, and you may have additional rights.
14. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE ACRE PARTIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES — INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, LOST REVENUE, LOST BUSINESS, LOST OPPORTUNITIES, LOST GOODWILL, LOST DATA, OR BUSINESS INTERRUPTION — ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE, OR OTHERWISE) AND EVEN IF AN ACRE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE ACRE PARTIES' TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) FIFTY U.S. DOLLARS (US $50.00) OR (B) THE AMOUNTS YOU HAVE PAID TO ACRE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY (WHICH, FOR THE PRE-LAUNCH SERVICE, WILL BE ZERO).
The limitations in this Section 14 will apply notwithstanding the failure of essential purpose of any limited remedy. You acknowledge that the pricing and availability of the Service reflect this allocation of risk, and that these limitations are an essential basis of the bargain between you and Acre.
Some jurisdictions do not allow the exclusion or limitation of liability for certain damages; in such jurisdictions, the foregoing limitations apply to the maximum extent permitted.
15. Indemnification
You agree to indemnify, defend, and hold harmless the Acre Parties from and against any and all claims, demands, suits, actions, proceedings, losses, damages, liabilities, judgments, awards, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to (a) your use or misuse of the Service; (b) your violation of these Terms; (c) your violation of any applicable law or any third-party right (including any intellectual-property, publicity, or privacy right); or (d) any Submission you make to the Service. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defense.
16. Governing Law and Venue
These Terms, and any dispute, claim, or controversy arising out of or relating to these Terms or the Service (including any non-contractual dispute), are governed by and construed in accordance with the laws of the State of Utah, USA, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Subject to Section 17, the exclusive venue for any action permitted to be brought in court will be the state or federal courts located in Salt Lake County, Utah, and you consent to the personal jurisdiction of those courts and waive any objection based on inconvenient forum.
17. Dispute Resolution; Binding Arbitration; Class-Action Waiver
17.1 Informal resolution
Before initiating any formal dispute-resolution proceeding, you agree to first contact us at nico@acrerealestate.app with a written description of your claim and your contact information, and to negotiate in good faith for at least thirty (30) days to resolve the dispute informally.
17.2 Agreement to arbitrate
EXCEPT AS SET FORTH IN SECTION 17.5, YOU AND ACRE AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE (A "DISPUTE") WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND NOT IN A COURT OF LAW.
The arbitration will be administered by JAMS under the JAMS Comprehensive Arbitration Rules and Procedures then in effect (or, if the Dispute involves a claim of US$250,000 or less, under the JAMS Streamlined Arbitration Rules), available at jamsadr.com. The arbitration will be conducted in Salt Lake County, Utah (or by telephone or videoconference, at your election, if your claim is for less than US$25,000). Judgment on the award may be entered in any court of competent jurisdiction. The Federal Arbitration Act, 9 U.S.C. § 1 et seq., governs the interpretation and enforcement of this Section 17.
17.3 Class-action waiver
YOU AND ACRE EACH AGREE THAT ANY DISPUTE WILL BE BROUGHT IN AN INDIVIDUAL CAPACITY ONLY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING.
If a court of competent jurisdiction finds the foregoing class-action waiver to be unenforceable as to a particular claim, then that claim (and only that claim) will be severed from arbitration and brought in the courts identified in Section 16; the remainder of this Section 17 will remain in full force and effect.
17.4 Right to opt out
You may opt out of this Section 17 by sending written notice of your decision to opt out to nico@acrerealestate.app, with the subject line "Arbitration Opt-Out," within thirty (30) days of the date you first became subject to these Terms. Your notice must include your full name, the email address you used to access the Service, and a clear statement that you wish to opt out of arbitration. Opting out of arbitration does not affect any other portion of these Terms.
17.5 Exceptions
Notwithstanding Section 17.2, either party may (a) bring an individual action in small-claims court if the claim qualifies, and (b) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual-property rights or breaches of Section 6 (Acceptable Use) or Section 8 (Intellectual Property).
18. Force Majeure
The Acre Parties will not be liable for any failure or delay in performing any obligation under these Terms to the extent caused by circumstances beyond their reasonable control, including without limitation acts of God, natural disasters, war, terrorism, civil unrest, government action, epidemic or pandemic, labor disputes, internet or telecommunications failures, denial-of-service attacks, failures of third-party hosting or infrastructure providers (including Vercel, Cloudflare, and Loops), or any other event of force majeure.
19. Severability; Survival
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, the provision will be modified to the minimum extent necessary to make it valid, legal, and enforceable, or, if it cannot be so modified, will be severed; the remaining provisions of these Terms will remain in full force and effect. Any provision that by its nature should survive termination — including without limitation Sections 8, 13–17, and this Section 19 — will so survive.
20. Entire Agreement; Assignment; No Waiver
These Terms, together with the Privacy Policy and any other policies expressly incorporated by reference, constitute the entire agreement between you and Acre with respect to the subject matter hereof and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written. You may not assign or transfer these Terms or any rights or obligations hereunder, by operation of law or otherwise, without our prior written consent; any attempted assignment in violation of the foregoing is void. We may assign these Terms freely, including in connection with a merger, acquisition, financing, or sale of all or substantially all of our assets. No failure or delay by either party to enforce any right or provision of these Terms will constitute a waiver of such right or provision.
21. Notices
We may provide notices to you by email to the address you submitted to the Waitlist, by posting on the Site, or by any other reasonable means. You may provide notices to us at nico@acrerealestate.app. Notices sent by email are deemed given when sent; notices posted on the Site are deemed given when posted.
22. Contact
If you have any questions about these Terms, please contact us at:
Acre
Email: nico@acrerealestate.app
Jurisdiction: Salt Lake County, Utah, USA
Important notice. These Terms of Use are a starter template prepared as a working draft for Acre's pre-launch waitlist site. They are not legal advice, are not a substitute for advice from a licensed attorney, and have not been reviewed by counsel admitted to practice in Utah or any other jurisdiction. Before relying on these Terms in connection with public marketing, paid product launch, customer onboarding, processing of consumer data at scale, or any expansion outside the United States, you should engage qualified counsel to review and revise them for your specific facts and jurisdictions. Acre is responsible for the final form of any terms it publishes.