Terms of Service

Date of Last Revision: April 8, 2026

Acceptance of These Terms of Service

These Terms of Service (as amended from time to time, these "Terms of Service") form a binding agreement between you and RealQuant Inc. ("RealQuant," "we," "us," or "our"). These Terms of Service govern your access to and use of (i) the website available at https://www.realquant.ai/ (together with any successor site, the "Site"), (ii) our desktop application(s) ("Desktop App(s)") and other application(s) and related technologies (collectively with the Desktop Apps, "Software App(s)"), and (iii) all services, content, tools, features, updates, and functionalities offered on or through the Site and/or Software Apps (collectively, the "Service"). By downloading, installing, accessing, browsing, or otherwise using the Site, Software Apps, or any other aspect of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not accept the terms and conditions of these Terms of Service, you will not download, install, access, browse, or otherwise use the Service.

We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these Terms of Service were last revised. You may read a current, effective copy of these Terms of Service by visiting the "Terms of Service" link on the Site. We will also notify you of any material changes, either through the Service user interface, a pop-up notice, email, or through other reasonable means. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. You should periodically visit this page to review the current Terms of Service so you are aware of any revisions. If you do not agree to abide by these or any future Terms of Service, you will not access, browse, or use (or continue to access, browse, or use) the Service.

Service Description: The Service is designed to provide AI-powered platforms for commercial real estate deal lifecycle automation and analytics.

Your Privacy: At RealQuant, we respect the privacy of our users. For more information please see our Privacy Policy, located at /privacy (the "Privacy Policy"). By using the Service, you consent to our collection, use and disclosure of personal data and other data as outlined therein.

Additional Terms: In addition, when using certain features through the Service, you will be subject to any additional terms applicable to such features that may be posted on or within the Service from time to time. All such terms are hereby incorporated by reference into these Terms of Service.

Conditions of Access and Use

User Conduct:

You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages, and other materials ("content") that you make available to RealQuant, including by uploading, posting, publishing, or displaying (hereinafter, "upload(ing)") via the Service, or by otherwise making available to other users of the Service (collectively, "User Content").

The following are examples of the kinds of content and/or uses that are illegal or prohibited by RealQuant. RealQuant reserves the right to investigate and take appropriate legal action against anyone who, in RealQuant's sole discretion, violates this provision, including removing the offending content from the Service, suspending or terminating the account of such violators, and reporting the violator to law enforcement authorities. You agree to not use the Service to:

1. communicate, upload, or generate any content that (i) infringes any intellectual property or other proprietary rights of any party (including, without limitation, any rights of privacy); (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, discriminatory, or otherwise objectionable; (vii) intended to misinform, misrepresent, or mislead; or (viii) in the sole judgment of RealQuant, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose RealQuant or its users to any harm or liability of any type.
2. make automated decisions in domains that affect consequential decisions, or individual rights or well-being (e.g., financial, legal, employment, medical/healthcare, education, housing, insurance, social welfare).
3. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service.
4. violate any applicable local, state, national, or international law, or any regulations having the force of law.
5. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
6. solicit personal information from anyone under the age of 18.
7. harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications.
8. advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized.
9. further or promote any criminal activity or enterprise or provide instructional information about illegal activities.
10. obtain or attempt to access or otherwise obtain any content or information through any means not intentionally made available or provided for through the Service.
11. circumvent, remove, alter, deactivate, degrade, or thwart any of the content protections in or geographic restrictions on any content (including Service Content (as defined below)) available on or through the Service, including through the use of virtual private networks.
12. engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods.

If you are blocked by RealQuant from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address or virtual private network).

Service Content:

You acknowledge and agree that the Service may contain content, features and other materials provided by RealQuant ("Service Content") that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by RealQuant, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you upload to or make available through the Service in accordance with these Terms of Service. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. For the avoidance of doubt, as between you and RealQuant, RealQuant owns and will at all times retain ownership of the Service Content.

User Content:

You represent and warrant that you own all right, title and interest in and to your User Content, including all copyrights, trademarks and rights of privacy and publicity contained therein, and you have provided any required notices and obtained any required consents to upload, store, transmit, use, or otherwise process User Content via the Service in accordance with applicable laws. You hereby grant RealQuant and RealQuant Affiliates, and their successors and assigns, a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable (directly and indirectly through multiple tiers), perpetual, and irrevocable license to copy, display, upload, perform, distribute, store, modify, and otherwise use your User Content (including any name, username, voice, image or likeness incorporated therein or otherwise provided by you), in any form, medium or technology now known or later developed, (a) in connection with the operation of the Service, (b) to provide, develop and improve the Service and other offerings of RealQuant and/or RealQuant Affiliates and/or their partners, including, without limitation, AI Models (as defined below); (c) for the promotion, advertising or marketing of the foregoing; and (d) as otherwise set forth in our Privacy Policy. You also agree that RealQuant may remove metadata associated with your User Content, and you irrevocably waive any claims and assertions of moral rights or attribution with respect to the User Content uploaded to the Service. You assume all risk associated with your User Content and the transmission of your User Content, and you have sole responsibility for the accuracy, quality, legality and appropriateness of your User Content. You acknowledge and agree that RealQuant may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws, or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of RealQuant, its users, or the public. You understand that the technical processing and transmission of the Service, including your User Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

AI-Generated Output:

You acknowledge and agree the Service is supported by various artificial intelligence ("AI") algorithms and models ("AI Models") and that certain content or other output (collectively, "Output") generated and returned by the Service may be generated using such AI Models and other third-party AI tools. You acknowledge and agree that there are numerous limitations that apply with respect to AI-generated Output due to the fact that it is automatically generated, including that (a) it may contain errors or misleading information; (b) AI systems are based on predefined rules and algorithms that lack the ability to think creatively and come up with new ideas and can result in repetitive or formulaic content; (c) AI systems can struggle with understanding the nuances of language, including slang, idioms, and cultural references, which can result in Output that is out of context or does not make sense; (d) AI systems do not have emotions and cannot understand or convey emotions in the way humans can, which can result in Output that lacks the empathy and emotion that humans are able to convey; (e) AI systems can perpetuate biases that are present in the data used to train them, which can result in Output that is discriminatory or offensive; (f) AI systems can struggle with complex tasks that require reasoning, judgment and decision-making; (g) AI systems require large amounts of data to train and generate content, and the data used to train AI systems may be of poor quality or biased, which will negatively impact the accuracy and quality of the generated Output; and (h) AI-generated Output can lack the personal touch that comes with content created by humans, which can make it seem cold and impersonal. You agree that you are responsible for evaluating, and bearing all risks associated with, the use of any content presented to you through the Service, including any reliance on the accuracy, completeness, or usefulness of any Output. You acknowledge and agree that you will not rely entirely on Output generated by the Service for making automated decisions without human review. Due to the nature of the Service and AI generally, Output may not be unique and other users may receive similar Output from our Service.

Ownership of Output:

As between you and RealQuant, to the extent permitted by applicable law and in compliance with RealQuant's legal, contractual and other obligations, you own the Output that you receive based on the User Content uploaded by you to the Service, and RealQuant hereby assigns to you all its right, title, and interest, if any, in and to such Output. This assignment does not extend to other users' Output or any other Output that is based on or includes third party information, data, software, products or services.

Intellectual Property Rights

Trademarks:

The RealQuant name and logos are trademarks and service marks of RealQuant (collectively the "RealQuant Trademarks"). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to RealQuant. Nothing in these Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of RealQuant Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of RealQuant Trademarks will inure to our exclusive benefit.

Third-Party Material:

Under no circumstances will RealQuant or any RealQuant Affiliate be liable in any way for any content or materials of any third parties (including users), including for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that RealQuant does not pre-screen content, but that RealQuant and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service (including as incorporated into any Outputs). Without limiting the foregoing, RealQuant and its designees will have the right to remove any content that violates these Terms of Service or is deemed by RealQuant, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

Usage Data:

You hereby authorize RealQuant and RealQuant Affiliates and their third-party service providers to collect and analyze User Content and other data and information relating to the Service and related systems and technologies and derive statistical and usage data relating thereto (collectively, "Usage Data"). RealQuant and RealQuant Affiliates may use Usage Data for any purpose in accordance with applicable law and our Privacy Policy.

Feedback; Submissions:

Any questions, comments, suggestions, ideas, feedback, reviews, or other information about the Service ("Submissions"), provided by you to RealQuant or any RealQuant Affiliate are non-confidential and RealQuant and RealQuant Affiliates will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment, attribution, or compensation to you.

Access and Use of the Service

Your Registration Obligations:

You may be required to register with RealQuant, provide information about yourself (e.g., name and email address), and/or grant the Service certain permissions and authorizations through your device in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the Service's registration form. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 13 years of age, you are not authorized to use the Service, with or without registering. In addition, if you are under 18 years old, you may use the Service, with or without registering, only with the express consent of your parent or guardian, and you agree to provide true, accurate, current, and complete information as requested by RealQuant to confirm such express consent.

Member Account, Password and Security:

You are responsible for maintaining the confidentiality of your password and account details, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify RealQuant of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. RealQuant and its current and future affiliates (collectively, "RealQuant Affiliates") will not be liable for any loss or damage arising from your failure to comply with this paragraph.

Modifications to Service:

RealQuant reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that RealQuant and RealQuant Affiliates will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

General Practices Regarding Use and Storage:

You acknowledge that RealQuant may establish general practices and limits concerning use of the Service, including the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on RealQuant's or its third-party service providers' servers on your behalf. You agree that RealQuant has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that RealQuant reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that RealQuant reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Competitors:

No employee, independent contractor, agent, or affiliate of any competing company developing AI-powered platforms for commercial real estate deal lifecycle automation and/or analytics is permitted to view, access, or use any portion of the Service without express written permission from RealQuant. By viewing, using, or accessing the Service, you represent and warrant that you are not a competitor of RealQuant or any RealQuant Affiliate, or acting on behalf of a competitor of RealQuant or any RealQuant Affiliate in using or accessing the Service.

Fees:

To the extent the Service or any portion thereof is made available for any fee, you may be required to select a payment plan and provide information regarding your credit card or other payment instrument. You represent and warrant to RealQuant that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with RealQuant or the Payment Processor (as defined below), as applicable, of any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay RealQuant the amount that is specified in the payment plan in accordance with the terms of such plan and these Terms of Service. If your payment plan includes an ongoing subscription that is automatically renewed periodically, you hereby authorize RealQuant (through the Payment Processor) to bill your payment instrument in advance on such periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let RealQuant know within sixty (60) days after the date that RealQuant charges you, or within such longer period of time as may be required under applicable law. We reserve the right to change RealQuant's prices. If RealQuant does change prices, RealQuant will provide notice of the change through the Service user interface, a pop-up notice, email, or through other reasonable means, at RealQuant's option, at least thirty (30) days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. You will be responsible for all taxes associated with the Service, other than taxes based on RealQuant's net income.

Payment Processing:

Notwithstanding any amounts owed to RealQuant hereunder, REALQUANT DOES NOT PROCESS PAYMENT FOR ANY SERVICES. To facilitate payment for the Service via bank account, credit card, or debit card, we use Stripe, Inc. and its affiliates ("Stripe") and/or other third-party payment processors (collectively with Stripe, "Payment Processors"). These payment processing services are provided by the Payment Processors and are subject to the terms and conditions and other policies available at https://stripe.com/legal and Stripe's Global Privacy Policy available at: https://stripe.com/privacy (collectively, the "Stripe Agreements") or the applicable Payment Processor's terms and conditions, privacy policy, and all other relevant agreements (collectively, with the Stripe Agreements, the "Payment Processor Agreements"). By agreeing to these Terms of Service, users that use the payment functions of the Service also agree to be bound by the applicable Payment Processor Agreement for the payment function the user is using, as the same may be modified by the applicable Payment Processor from time to time. You hereby authorize the applicable Payment Processor to store and continue billing your specified payment method even after such payment method has expired, to avoid interruptions in payment for your use of the Service. Please contact the applicable Payment Processor for more information. RealQuant assumes no liability or responsibility for any payments you make through the Service.

Subscription Plans and Credits:

The Service is offered through subscription plans that include a monthly allocation of usage credits ("Included Credits"). Included Credits are calculated on a per-seat basis according to your selected plan tier and are pooled across all seats on your account. Included Credits reset at the beginning of each billing period and do not roll over to the next period. Unused Included Credits expire at the end of each billing period and carry no cash value.

You may purchase additional usage credits ("Top-Up Credits") as one-time purchases. Top-Up Credits are added to your account balance upon successful payment and are consumed alongside Included Credits. Top-Up Credits that remain unused at the end of a billing period do not roll over.

If your usage exceeds your available credit balance (Included Credits plus any Top-Up Credits), overage charges may apply at the per-credit overage rate specified for your plan tier. Overage usage will be reported and invoiced at the end of your billing period.

Refunds and Cancellations:

Credits are non-refundable once consumed. Usage credits that have been applied to transactions, AI operations, or any other service activity cannot be refunded, reversed, or credited back to your account under any circumstances.

Subscription fees. Monthly subscription fees are eligible for a prorated refund if you cancel within fourteen (14) days of your initial subscription or a billing period renewal, provided that any credits consumed during that period will be deducted from the refund at the applicable per-credit rate. After fourteen (14) days, subscription fees for the current billing period are non-refundable.

Top-Up Credit purchases are strictly non-refundable. All Top-Up Credit purchases are final. No refunds, returns, or exchanges will be issued for Top-Up Credits, whether or not the credits have been consumed.

Cancellation. You may cancel your subscription at any time through your account settings in the Service. Upon cancellation:

1. Your subscription will remain active until the end of your current billing period. You will retain full access to the Service and your remaining credits until that date.
2. At the end of the billing period, your account will be deactivated, and any remaining unused credits will be forfeited.
3. Your data will be retained for thirty (30) days following account deactivation. During this period, you may request a data export by contacting [email protected].
4. After the thirty (30) day retention period, all account data will be permanently and irreversibly deleted.

Subscription pause. As an alternative to cancellation, you may pause your subscription for a period of one (1) to three (3) months. During a pause, billing is suspended and your account data, settings, and team configuration are preserved. Billing resumes automatically at the end of the pause period.

Reactivation. If you have canceled your subscription but your current billing period has not yet ended, you may reactivate your subscription at any time before the period ends. Your plan, data, and remaining credits will be restored as if the cancellation had not occurred.

Chargebacks and disputes. If you initiate a chargeback or payment dispute with your bank or payment provider, RealQuant reserves the right to immediately suspend your account and revoke all remaining unused credits. Access to the Service will not be restored until the dispute is resolved in RealQuant's favor or you contact us directly to resolve the issue. Fraudulent or abusive chargeback activity may result in permanent account termination.

For billing questions or to request a refund within the eligible window, contact [email protected].

Application Services and Software

Mobile Services:

The Service may include certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device and (ii) the ability to browse the Service and the Site from a mobile device (collectively, the "Mobile Services"). To the extent you access the Service through a mobile device, your wireless service carrier's standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.

Telephonic Communications Services:

By using the Service and providing us with your telephone number(s), you are consenting to be contacted by RealQuant or RealQuant Affiliates or their partners by telephone (including on a recorded line), automated calling, automated telephone dialing system calling, automated system calling, artificial voice or pre-recorded calling, text message, SMS and/or MMS message, fax, or other telephonic or electronic means for marketing, solicitation, informational or another purposes, even if your telephone number(s) is registered on the National Do Not Call List, a state Do not Call List, or the internal Do Not Call List of RealQuant or RealQuant Affiliates or their partners. You may be required to respond to an initial call or message as instructed to complete your registration and confirm enrollment to receive such calls, texts or other telephonic communications. You do not have to consent to receive calls or text messages from RealQuant or RealQuant Affiliates or their partners for marketing or solicitation purposes to purchase RealQuant's products or services. In the event you no longer wish to receive such calls, text messages or other telephonic communications, you agree to notify RealQuant or RealQuant Affiliates or their partners, as applicable, directly. In the event you change or deactivate your telephone number, you agree to promptly update your RealQuant account information to ensure that your messages are not sent to a person that acquires your old telephone number.

There is no additional charge for telephonic communications, but your carrier's standard message and data rates apply to any calls, text messages, SMS or MMS messages you send or receive. Your carrier may prohibit or restrict certain mobile features and certain mobile features may be incompatible with your carrier or mobile device. We are not liable for any delays in the receipt of, or any failures to receive, any calls, text messages, SMS or MMS messages, as delivery is subject to effective transmission by your mobile carrier and compatibility of your mobile device. Please contact your mobile carrier if you have any questions regarding these issues or your mobile data and messaging plan.

By reply to any text, SMS or MMS message you receive from us, you may text "STOP" to cancel or "HELP" for customer support information. If you choose to cancel text, SMS or MMS messages from us, you agree to receive a final message from us confirming your cancellation.

Software App License:

Subject to these Terms of Service, RealQuant hereby grants to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to (i) install Software Apps on one device and (ii) use the Software Apps for your own personal use solely to access and use the Service. For clarity, the foregoing is not intended to prohibit you from installing the Software Apps on another device on which you also agreed to these Terms of Service. Each instance of these Terms of Service that you agree to in connection with downloading a Software App grants you the aforementioned rights in connection with the installation and use of the Software App on one device.

Ownership; Restrictions:

The technology and software underlying the Service or distributed in connection therewith are the property of RealQuant, RealQuant Affiliates, and their licensors (including the Software Apps, the "Software"). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by RealQuant.

Special Notice for International Use; Export Controls:

RealQuant is headquartered in the United States. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. Software available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading, accessing or using the Software or Services is at your sole risk.

Open Source Software:

The Software may contain or be provided together with open source software. Each item of open source software is subject to its own license terms, which will be made available in the software itself, related documentation or another reasonable means (e.g., settings, help, legal, notices, about menus, source files or the like). If required by any license for particular open source software, RealQuant makes such open source software, and RealQuant's modifications to that open source software (if any), available by written request to [email protected]. Copyrights to the open source software are held by the respective copyright holders indicated therein.

Third-Party Services and Websites

The Service may provide links or other access to services, sites, technology, and resources that are provided or otherwise made available by third parties (the "Third-Party Services"). Additionally, you may enable or log in to the Service via various online Third-Party Services, such as Google. Your access to and use of the Third-Party Services (including via the Service) may also be subject to additional terms and conditions, privacy policies, or other agreements with such third party, and you may be required to authenticate to or create separate accounts to use Third-Party Services on the websites or via the technology platforms of their respective providers. Some Third-Party Services will provide us with access to certain information that you have provided to third parties, including through such Third-Party Services, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating Third-Party Services and our use, storage and disclosure of information related to you and your use of such Third-Party Services within the Service, please see our Privacy Policy. RealQuant has no control over and is not responsible for such Third-Party Services, including for the accuracy, availability, reliability, or completeness of information shared by or available through Third-Party Services, or on the privacy practices of Third-Party Services. We encourage you to review the privacy policies of the third parties providing Third-Party Services prior to using such services. You, and not RealQuant or any RealQuant Affiliate, will be responsible for any and all costs and charges associated with your use of any Third-Party Services. RealQuant enables these Third-Party Services merely as a convenience and the integration or inclusion of such Third-Party Services does not imply an endorsement or recommendation. Any dealings you have with third parties while using the Service are between you and the third party. RealQuant and RealQuant Affiliates will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third-Party Services.

Indemnification

To the extent permitted under applicable law, you agree to defend, indemnify, and hold harmless RealQuant and RealQuant Affiliates, and its and their respective officers, employees, directors, service providers, licensors, and agents (collectively, the "RealQuant Parties"), from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind, and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service, or your violation of any rights of another. RealQuant will provide notice to you of any such claim, suit, or proceeding. RealQuant reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section, and you agree to cooperate with any reasonable requests assisting RealQuant's defense of such matter. You may not settle or compromise any claim against the RealQuant Parties without RealQuant's written consent.

Disclaimer of Warranties

Limitation of Liability

Trial Products

Dispute Resolution By Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

FOR USERS ENTERING INTO THESE TERMS OF SERVICE AS INDIVIDUALS:

a. Agreement to Arbitrate

This Dispute Resolution by Binding Arbitration section is referred to in these Terms of Service as the "Arbitration Agreement." You agree that any and all disputes or claims that have arisen or may arise between you and RealQuant, whether arising out of or relating to these Terms of Service (including any alleged breach thereof), the Service, any advertising, or any aspect of the relationship or transactions between us, will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms of Service, you and RealQuant are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

b. Prohibition of Class and Representative Actions and Non-Individualized Relief

c. Pre-Arbitration Dispute Resolution

RealQuant is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer's satisfaction by emailing customer support at [email protected]. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to RealQuant should be sent to 169 Madison Ave, Suite 15535, New York, NY 10016 ("Notice Address"). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If RealQuant and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or RealQuant may commence an arbitration proceeding. During the arbitration, the amount of any settlement offers made by RealQuant or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or RealQuant is entitled.

d. Arbitration Procedures

Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association's ("AAA") rules and procedures, including the AAA's Consumer Arbitration Rules (collectively, the "AAA Rules"), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, https://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA's consumer arbitration page, https://www.adr.org/consumer. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

Unless RealQuant and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by AAA. If your claim is for $10,000 or less, RealQuant agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

e. Costs of Arbitration

Payment of all filing, administration, and arbitrator fees (collectively, the "Arbitration Fees") will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. To the extent any Arbitration Fees are not specifically allocated to either RealQuant or you under the AAA Rules, RealQuant and you shall split them equally; provided that if you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of such Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of any Arbitration Fees, RealQuant will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, RealQuant will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys' fees will be governed by the AAA Rules.

f. Confidentiality

All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

g. Severability

If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) above titled "Prohibition of Class and Representative Actions and Non-Individualized Relief" above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled "Prohibition of Class and Representative Actions and Non-Individualized Relief" are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of these Terms of Service will continue to apply.

h. Future Changes to Arbitration Agreement

Notwithstanding any provision in these Terms of Service to the contrary, RealQuant agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Service, you may reject any such change by sending RealQuant written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).

FOR USERS ENTERING INTO THESE TERMS OF SERVICE ON BEHALF OF AN ENTITY:

You and RealQuant intend that these Terms of Service are to be construed and enforced in accordance with the laws of the State of New York without regard to any conflict-of-law or choice-of-law rules, and that the rule of construction that provides that a document is construed against the maker thereof be inapplicable in the construction of any of the terms of these Terms of Service. Any dispute, claim, or controversy arising out of or relating in any way to these Terms of Service or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined through confidential binding arbitration in New York County, New York before one arbitrator. The confidential binding arbitration shall be administered by AAA pursuant to its Commercial Arbitration Rules, and you and RealQuant shall maintain the confidential nature of the arbitration proceeding and the award, including the hearing. Judgment on the award may be entered in any court having jurisdiction.

Termination

You agree that RealQuant, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including for lack of use or if RealQuant believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Service, may be referred to appropriate law enforcement authorities. RealQuant may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that RealQuant may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that RealQuant and RealQuant Affiliates will not be liable to you or any third party for any termination of your access to the Service.

User Disputes

You agree that you are solely responsible for your interactions with any other user in connection with the Service, and RealQuant and RealQuant Affiliates will have no liability or responsibility with respect thereto. RealQuant reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.

General

These Terms of Service (together with the terms incorporated by reference herein) constitute the entire agreement between you and RealQuant governing your access and use of the Service, and supersede any prior agreements between you and RealQuant with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use Third-Party Services, third-party content or third-party software. These Terms of Service will be governed by the laws of the State of New York without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and RealQuant submit to the personal and exclusive jurisdiction of the state and federal courts located within New York County, New York. The failure of RealQuant to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of these Terms of Service and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of RealQuant, but RealQuant may assign or transfer these Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. As used in these Terms of Service, the words "include" and "including," and variations thereof, will not be deemed to be terms of limitation, but rather will be deemed to be followed by the words "without limitation." Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service. RealQuant will not be in default hereunder by reason of any failure or delay in the performance of its obligations where such failure or delay is due to civil disturbances, riot, epidemic, hostilities, war, terrorist attack, embargo, natural disaster, acts of God, flood, fire, sabotage, fluctuations or unavailability of electrical power, network access or equipment, or any other circumstances or causes beyond RealQuant's reasonable control.

Notice for California Users

Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted (a) via email at [email protected]; (b) in writing at: Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834; or (c) by telephone at (800) 952-5210 or (800) 326-2297 (TDD). Sacramento-area consumers may call (916) 445-1254 or (916) 928-1227 (TDD). You may contact us at RealQuant Inc., 169 Madison Ave, Suite 15535, New York, NY 10016.

U.S. Government Restricted Rights

The Service is made available to the U.S. government with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the U.S. government is subject to the restrictions contained in 48 CFR 52.227-19 and 48 CFR 252.227-7013 et seq. or its successor. Access or use of the Service (including the Software) by the U.S. government constitutes acknowledgement of our proprietary rights in the Service (including the Software).

Questions? Concerns? Suggestions?

Please contact us at [email protected] to report any violations of these Terms of Service or to pose any questions regarding these Terms of Service or the Service.