Terms of Service.
The terms and conditions governing your access to and use of CREx Software's platform, websites, and services.
1. Introduction and acceptance
These Terms of Service ("Terms") are an agreement between you and CREx Software, Inc. ("CREx," "we," "us," or "our"). They govern your access to and use of the Services described in Section 3.
By using the Services, or by clicking to accept these Terms, you agree to them. If you use the Services for an organization, you accept these Terms for that organization and confirm that you have authority to do so. In that case "you" means both you and the organization. If you do not agree, do not use the Services.
Our Privacy Policy explains how we handle personal information.
2. Signed agreements come first
Many clients sign a master subscription agreement, order form, statement of work, or similar agreement with us (a "Client Agreement"). If you or your organization has a Client Agreement, it governs the Services it covers and controls over these Terms where the two conflict. Professional services, such as consulting engagements, are governed by the applicable Client Agreement or statement of work.
3. Definitions
- "Services" means our websites (including crexsoftware.com), the Platform, our training programs, webinars, and events, and related support.
- "Platform" means CREx OS, CREx Intelligence, CREx Core, the CREx MCP connection, our AI agents and workflows, and other software we provide. It includes the data checks, account mapping, and feed monitoring the CREx team performs as part of CREx OS.
- "Customer Data" means data you or your Authorized Users submit to the Platform, or that the Platform collects from systems you authorize, such as your property managers' accounting and property management systems.
- "AI Output" means content generated by AI features of the Services, such as drafts, summaries, commentary, classifications, forecasts, and recommendations.
- "Authorized User" means an individual you allow to use the Platform under your account.
- "Third-Party Service" means a product or service not provided by CREx, including property management systems, AI assistants, and other software you connect to the Services.
4. Accounts and security
You must give accurate information when you create an account and keep it up to date. You must be at least 18 to use the Services.
You are responsible for:
- your Authorized Users and their compliance with these Terms;
- keeping login credentials confidential. Each login is for one person and may not be shared;
- all activity under your account; and
- telling us right away at contact@crexsoftware.com if you learn of unauthorized use or a security issue.
5. Subscriptions, fees, and renewal
5.1 Plans
Plan features and limits are described in your order form or on our website.
5.2 Fees and taxes
Fees are stated in U.S. dollars and are due as set out in your order form or at purchase. Fees do not include taxes. You are responsible for sales, use, value-added, and similar taxes on your purchase, other than taxes on our income. Except as stated in these Terms or a Client Agreement, or as required by law, fees are non-refundable.
5.3 Late payment
If an undisputed amount is more than 30 days overdue, we may suspend the Services after giving you at least 10 days' notice.
5.4 Renewal and cancellation
Subscriptions renew automatically for the same length of term unless you cancel before the renewal date. You can cancel at any time by contacting us, and cancellation takes effect at the end of the current term.
5.5 Fee changes
We may change fees for a renewal term by notifying you at least 30 days before the renewal date. Fee changes do not apply to a term you have already purchased.
6. Customer Data and connected systems
6.1 Ownership and license
As between you and us, you own Customer Data. You grant CREx a non-exclusive, worldwide, royalty-free license to host, copy, process, transmit, and display Customer Data to provide, secure, and support the Services for you, as described in these Terms, your Client Agreement, and our Privacy Policy.
6.2 Your responsibilities
You are responsible for Customer Data and for having all rights, consents, and notices needed for us to process it, including personal information about tenants, residents, investors, and employees.
6.3 Property management and other connected systems
When you ask us to collect data from a property manager or another Third-Party Service, you authorize us to access it on your behalf using the credentials, permissions, or exports that you or your property manager provide. You are responsible for making sure that access is permitted under your agreements with those property managers and software vendors. We are not responsible for the availability, accuracy, or completeness of data in those systems, or for changes a vendor makes that interrupt a data feed.
6.4 Data checks
The Platform and the CREx team check incoming data and flag issues. These checks reduce errors, but they cannot catch every error in source data, and they do not replace your own review.
6.5 Usage and aggregated data
We may collect data about how the Services are used, and may create aggregated, de-identified data from Customer Data and usage data, to operate, secure, and improve the Services. That data will not identify you, your properties, or any individual. We do not disclose one client's non-public rent, pricing, or occupancy data to another client, and we do not use it to set prices or make pricing recommendations for another client.
6.6 Export and deletion
For 30 days after your subscription ends, you may ask us to export your Customer Data. After that, we may delete it, subject to your Client Agreement and our legal obligations.
7. AI features and outputs
The Services include AI features, such as agents that draft variance commentary, review rent rolls, route approvals, and refresh forecasts. AI Output is produced by machine learning models. It can be inaccurate, incomplete, or out of date, even when it is based on checked data.
- Review AI Output before you rely on it, share it, or act on it. You are responsible for your decisions and for the materials you send to investors, lenders, and others.
- AI Output, analytics, forecasts, valuations, and underwriting results are not investment, legal, tax, accounting, appraisal, or other professional advice.
- Pricing and leasing recommendations are advisory. You set your own rents, terms, and prices.
- As between you and us, you own AI Output generated from your Customer Data, subject to our rights in the Services. Similar output may be generated for other users.
- If you connect the Services to an AI assistant through the CREx MCP connection, that assistant is a Third-Party Service. Its provider's terms govern how it processes the data you request.
8. Acceptable use
You may not, and may not allow anyone else to:
- violate any law or regulation, or infringe or violate anyone's rights;
- upload malware, or material that is unlawful, defamatory, or harassing, or that you do not have the right to share;
- access or attempt to access accounts, data, or systems without authorization, or probe, scan, or test the vulnerability of the Services without our written permission;
- interfere with or disrupt the Services, or exceed usage, rate, or plan limits;
- copy, modify, decompile, reverse engineer, or create derivative works of the Services, except where the law expressly permits it;
- scrape or bulk-extract data or content from the Services by automated means, except through features or interfaces we provide for that purpose;
- use the Services to build a competing product, or access them to benchmark them for a competitor;
- use the Services, or content we provide, to develop or train machine learning or AI models, except by using your own Customer Data and AI Output for your internal business;
- sell, resell, sublicense, or provide the Services to anyone other than your Authorized Users;
- misrepresent your identity or affiliation; or
- use the Services in a way that violates fair housing, consumer protection, antitrust, privacy, or other laws that apply to your business.
9. Intellectual property
9.1 Our property
CREx and its licensors own the Services, including the software, workflows, skills, designs, text, graphics, video, training materials, and all improvements to them. We reserve all rights not expressly granted in these Terms. CREx, CREx OS, and our logos are trademarks of CREx. Other names, such as Yardi, MRI, RealPage, Entrata, Claude, ChatGPT, and Copilot, are trademarks of their owners, and our use of them does not imply endorsement.
9.2 Your right to use the Services
Subject to these Terms and payment of any applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right during your subscription to access and use the Services for your internal business purposes. You may use website content and free training materials for your own learning or internal business use, but you may not republish or sell them without our permission.
9.3 Feedback
If you send us suggestions or feedback, we may use them without restriction or obligation to you.
10. Confidentiality
Each party may receive non-public information from the other that is marked confidential or that a reasonable person would understand to be confidential ("Confidential Information"). Customer Data is your Confidential Information. Non-public parts of the Services, including pricing, product plans, and security documentation, are ours.
The receiving party will use the other party's Confidential Information only to perform under these Terms, protect it with at least reasonable care, and share it only with employees, contractors, and advisers who need it and are bound by confidentiality obligations. These obligations do not apply to information that becomes public through no fault of the receiving party, was already known to it, is received from a third party without a duty of confidentiality, or is independently developed. A party may disclose Confidential Information when the law requires it, after giving notice where the law allows.
11. Third-party services
The Services link to and connect with Third-Party Services. Your use of a Third-Party Service is governed by your agreement with its provider. We do not control Third-Party Services and are not responsible for them, including their availability, security, data handling, or changes to how they allow us to connect. If a Third-Party Service becomes unavailable or changes its access terms, we may need to change or stop the related feature.
12. Training, certification, and events
- CREx Certified accounts, at cre10x.crexsoftware.com, are also governed by the terms on that site, which control where they differ from these Terms.
- Courses and training materials are educational. They are not investment, legal, tax, or accounting advice.
- CREx Certified and other CREx certificates confirm that you completed CREx coursework. They are not a professional license, a government credential, or an accreditation from an outside body. We may revoke a certificate obtained through cheating or misrepresentation.
- Event and webinar registrations are subject to the terms shown at registration, including the terms of any ticketing provider. We may change speakers, agendas, formats, or dates. If we cancel a paid event, we will refund the ticket price.
- We may record webinars and events and publish the recordings. If you speak or appear on camera during a recorded session, you consent to that use.
13. Suspension and termination
13.1 By you
You can stop using the Services at any time. Cancellation of a paid subscription takes effect at the end of the current term unless your Client Agreement says otherwise.
13.2 Suspension
We may suspend all or part of your access if we reasonably believe you have violated Section 8, if your use poses a security risk or could harm the Services or others, or if payment is overdue as described in Section 5.3. We will give notice when practical and restore access once the issue is resolved.
13.3 Termination
Either party may terminate a paid subscription if the other materially breaches these Terms and does not cure the breach within 30 days after written notice. We may also end a paid subscription for any reason on at least 60 days' written notice, and will refund prepaid fees for the period after termination. We may end free accounts, trials, and access to free offerings at any time.
13.4 Effect of termination
When your access ends, your right to use the Services ends. Unless we terminated for our own breach or without cause, fees for the current term remain due. Customer Data is handled as described in Section 6.6. Provisions that by their nature should survive will survive, including Sections 6.5, 9, 10, and 14 through 19.
14. Disclaimers
EXCEPT AS EXPRESSLY STATED IN A CLIENT AGREEMENT, THE SERVICES, AI OUTPUT, TRAINING MATERIALS, AND ALL OTHER CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, CREX DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ACCURACY. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DATA FROM THIRD-PARTY SOURCES IS ACCURATE OR COMPLETE, OR THAT AI OUTPUT WILL BE CORRECT.
FREE OFFERINGS, TRIALS, AND BETA OR PREVIEW FEATURES ARE PROVIDED WITHOUT ANY WARRANTY AND MAY CHANGE OR END AT ANY TIME.
15. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL CREX OR ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL, OR FOR LOSSES FROM INVESTMENT, LEASING, OR PRICING DECISIONS, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CREX'S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICES GIVING RISE TO THE CLAIM IN THE 12 MONTHS BEFORE THE EVENT THAT GAVE RISE TO LIABILITY, OR (B) US $100.
THESE LIMITS APPLY TO ALL THEORIES OF LIABILITY, INCLUDING CONTRACT, TORT (INCLUDING NEGLIGENCE), AND STRICT LIABILITY, EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THEY DO NOT LIMIT LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.
16. Indemnification
You will defend, indemnify, and hold harmless CREx and its affiliates, officers, directors, employees, and agents from third-party claims, and related losses, damages, fines, and costs (including reasonable attorneys' fees), arising from: (a) Customer Data, including a claim that our processing of it as permitted by these Terms violates the law or someone's rights; (b) your violation of these Terms or applicable law; or (c) decisions you make, and materials you distribute, using the Services.
We will promptly notify you of a claim, let you control its defense, and reasonably cooperate at your expense. You may not settle a claim in a way that imposes obligations on us without our written consent.
17. Changes to these Terms
We may update these Terms. When we do, we will post the new version here with a new "Last updated" date. If a change is material, we will notify you by email or through the Services at least 30 days before it takes effect, unless the change is required by law or for security, in which case it may take effect sooner. If you keep using the Services after a change takes effect, you accept the updated Terms. Changes to these Terms do not modify a signed Client Agreement.
18. Governing law and disputes
These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Any dispute arising out of or relating to these Terms or the Services will be resolved only in the state or federal courts located in Harris County, Texas, and each party consents to the jurisdiction of those courts. Either party may seek an injunction or other equitable relief in any court of competent jurisdiction to protect its intellectual property or Confidential Information.
EACH PARTY KNOWINGLY AND VOLUNTARILY WAIVES ITS RIGHT TO A JURY TRIAL IN ANY ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES.
19. General
19.1 Entire agreement
These Terms, the Privacy Policy, and any Client Agreement or order form are the entire agreement between you and CREx about the Services, and they replace any earlier understandings on that subject. Section 2 controls if they conflict.
19.2 Assignment
You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without your consent.
19.3 Force majeure
Neither party is liable for a delay or failure caused by events beyond its reasonable control, such as natural disasters, war, terrorism, labor disputes, government action, internet or utility failures, or outages of Third-Party Services. This does not excuse payment obligations.
19.4 Export and sanctions
You may not use the Services in violation of U.S. export control or sanctions laws, or if you are located in a country subject to comprehensive U.S. sanctions or are on a U.S. government restricted-party list.
19.5 Notices and electronic communications
We may send notices to the email address on your account or post them in the Services. Send legal notices to contact@crexsoftware.com with "Legal Notice" in the subject line. You agree that electronic notices satisfy any requirement that notices be in writing.
19.6 Other terms
The parties are independent contractors, and these Terms create no third-party beneficiaries. Our failure to enforce a provision is not a waiver of it. If a provision is found unenforceable, it will be enforced to the maximum extent permitted, and the rest of these Terms will remain in effect. "Including" means "including without limitation."
20. Contact us
If you have questions about these Terms, contact:
CREx Software, Inc.
Attn: Legal
Houston, TX · New York, NY
Email: contact@crexsoftware.com
