Legal terms

Terms of Service

Effective Date: January 1, 2025

1. Acceptance of the Terms of Service

Welcome to the App and website (the "Services") of Real Facts LLC (collectively, "Real Facts," "Company," "we," "our," or "us"). By accessing or using the Services, creating an account, or clicking Accept, you agree to be bound by these Terms of Service (the "Terms") and our Privacy Policy (incorporated by reference and available at www.JoinRealFacts.com). If you do not agree, do not access or use the Services.

• These Terms govern your ("you," "your," or the "User") access to and use of the Services.
• If you are using the Services on behalf of an entity, you represent and warrant that you are authorized to bind that entity.
• Age: The Services are offered only to users who are 18 years or older and able to form binding contracts.
• Safety Notice: You are solely responsible for your interactions with any third parties.
• Medical/Healthcare Disclaimer: The Services are not a medical or healthcare service and do not provide medical advice.
• Arbitration/Class Action Waiver: Except as otherwise provided in §27, disputes will be resolved by binding individual arbitration; class actions and jury trials are waived.

2. Definitions

The following definitions apply throughout these Terms:

• Account: Your registered profile used to access the Services.
• Content: Information, data, text, graphics, files, posts, uploads, instructions, templates, notices, affidavits, or other materials, whether provided by you, Real Facts, or third parties.
• Lien Documents: Notices of Intent to Lien, mechanic's/materialman's lien affidavits, preliminary notices, lien releases, extensions, amendments, stop notices, bond claims, and related filings or communications permitted by applicable law.
• POA: The Limited Power of Attorney granted to Real Facts under §12.

3. Changes to these Terms

We may update these Terms from time to time in our discretion. Changes are effective upon posting (or a later date stated). Your continued use after changes constitutes acceptance. If you do not agree, you must stop using the Services.

4. Access to the Services; Modifications

We may modify, suspend, or discontinue all or part of the Services (including features, content, and availability) without liability, subject to applicable law. We do not guarantee continuous or uninterrupted operation.

5. License; Ownership

Subject to your compliance and timely payment of applicable fees, we grant you a limited, revocable, non‑exclusive, non‑transferable, non‑sublicensable license to access and use the Services for your internal business purposes.

• You shall not reproduce, distribute, publicly display, decompile, or create derivative works of the Services except as expressly permitted.
• All right, title, and interest in and to the Services and our Content, including software, interfaces, templates, workflows, databases, documentation, designs, and trademarks, are owned by Real Facts or its licensors.
• We reserve all rights not expressly granted.

6. Registration; Account Security

You must provide accurate, current information, keep it updated, and maintain the security of your credentials. You are responsible for all activity under your Account. Notify us immediately of unauthorized use. We may reject or reclaim usernames.

7. Equipment; Connectivity; Mobile Use

You are responsible for obtaining and maintaining devices, internet connections, data plans, and other services required to use the Services. Carrier fees may apply. We do not warrant compatibility with all devices or networks.

8. App Stores and Platform Terms

If you download the App from Apple or Google, their terms apply in addition to these Terms. Those providers are not responsible for the App or its content.

9. Purchases; Subscriptions; Renewals; Trials

Certain features require paid subscriptions.

• Subscriptions: Subscriptions auto‑renew unless canceled before the renewal date. You authorize us (or our processor) to charge your payment method on a recurring basis for fees, taxes, and any applicable late fees.
• Trials/Promotions: If you receive a free trial or promotional pricing, we may convert to a paid plan at then‑current rates unless you cancel before the end of the trial.
• Refunds: Except where required by law or expressly stated, all fees are non‑refundable.
• Chargebacks/Collections: You agree not to seek chargebacks without first contacting support. Unpaid amounts may accrue interest at the lesser of 1.5% per month or the maximum permitted by law; you are responsible for reasonable collection costs and attorneys' fees.

10. Taxes

Fees exclude taxes, levies, duties, or similar governmental assessments. You are responsible for all such taxes associated with your purchases, excluding taxes on our income.

11. User Content; Instructions; Responsibility

You are solely responsible for all Content you submit or direct us to use, including any Lien Documents you instruct us to prepare, sign, or file. We do not independently verify, audit, or attest to the accuracy, completeness, or legal sufficiency of your Content.

• By submitting Content, you represent and warrant that it is accurate, complete, lawful, and that you have all rights and consents necessary to provide it and to authorize our use as described in these Terms.
• We are not responsible for anything a contractor, subcontractor, GC, or any user posts or instructs us to file on their behalf.
• You grant Real Facts a worldwide, non‑exclusive, royalty‑free license to use, reproduce, process, transmit, display, and store your Content solely to provide and improve the Services and to comply with law.

12. Acceptable Use Policy

You will not, and will not permit others to:

• Violate law
• Submit false, fraudulent, defamatory, obscene, harassing, or infringing Content
• Attempt to gain unauthorized access to the Services or data
• Interfere with security or operation (e.g., scanning, scraping, rate‑limiting bypass)
• Reverse engineer or copy the Services
• Use the Services for consumer reporting, employment screening, housing, credit, insurance, or other purposes regulated by the Fair Credit Reporting Act
• Transmit malware or spam
• Misrepresent identity or affiliation
• Disclose others' confidential or personal data without lawful basis

We may remove Content, suspend, or terminate access for violations.

13. Limited Power of Attorney (POA) – Lien Authority

By accepting these Terms, you grant Real Facts LLC and its authorized employees/agents a Limited Power of Attorney to act as your attorney‑in‑fact solely to:

• Prepare, sign, verify, acknowledge, deliver, and file Lien Documents and related notices permitted by applicable law
• Communicate with property owners, contractors, lenders, county clerks/recorders, and courts regarding such filings
• Take ministerial actions reasonably necessary to effectuate lien filings, releases, and related corrections
• Scope/Limitations: The POA is limited to lien‑related matters and does not authorize us to bind you to contracts, settle claims, collect funds, or act as your general agent
• Notarization; E‑Sign: Some jurisdictions require notarized signatures for lien affidavits or for an attorney‑in‑fact. You agree that we may require a notarized POA (including Remote Online Notarization) before certain filings
• Revocation; Ratification: You may revoke the POA by written notice to info@joinrealfacts.com; revocation does not affect filings initiated before the effective date

You ratify all lawful actions taken under this POA.

14. Third‑Party Data; Accuracy; No Guarantee

The Services may access or incorporate data from public records, recording offices, APIs, mapping providers, credit bureaus, or other third‑party data sources. Such data may be incomplete, delayed, or inaccurate.

• Real Facts does not guarantee any third‑party data and is not responsible for errors, omissions, or your reliance on such data.
• You are solely responsible for verifying information before using it in any filing or decision.

15. No Legal or Professional Advice; No Attorney‑Client Relationship

Real Facts is not a law firm and does not provide legal advice. Communications with us are not protected by attorney‑client privilege.

• Templates, calculators, timelines, or "guidance" provided through the Services are for informational/administrative purposes only and may not reflect current law.
• You should consult a licensed attorney in the relevant jurisdiction.

16. Multi‑State Compliance; Deadlines; User Obligations

Lien and notice laws vary by state, county, project type (public/private), and property class (e.g., homestead). You are solely responsible for compliance with all requirements, including preliminary notices, service methods, statutory forms, filing/recording deadlines, suit deadlines, homestead affidavits, bond claims, and fee rules.

• Tools, reminders, or timelines we provide are informational only; you must confirm requirements and timing for each project.
• We may pause or refuse a filing if: (i) information appears incomplete or unlawful; (ii) POA or notarization is missing; (iii) we reasonably believe a deadline has passed; or (iv) required fees are unpaid.

17. Privacy; Data Processing; Communications Consent

Use of the Services is subject to our Privacy Policy. To the extent we process personal data on your behalf, a Data Processing Addendum (DPA) may apply where required by law.

• You represent that you have provided all notices and obtained all consents required to share personal data with us.
• By providing contact information, you consent to receive service‑related emails, calls, and text messages (including via autodialer) from Real Facts; message/data rates may apply.
• HIPAA/PHI: The Services are not intended for Protected Health Information; we do not sign BAAs. Do not upload PHI.

18. Security; Data Retention; Backups

We implement commercially reasonable administrative, technical, and physical safeguards. However, no system is 100% secure.

• You are responsible for safeguarding your credentials and for maintaining local copies of your records.
• We may retain Content as permitted by law and our policies.
• Upon termination, we may provide a limited window (e.g., 30 days) for export of your Content; thereafter we may delete or archive it.
• Backups may persist for a limited cycle.

19. Intellectual Property; Feedback; DMCA

All Real Facts trademarks, logos, and materials are protected; no license is granted except as stated.

• Your Feedback: You grant Real Facts a perpetual, irrevocable, royalty‑free license to use suggestions or feedback to improve the Services without restriction.
• DMCA: If you believe content infringes your copyright, send a DMCA notice to our designated agent (include your contact info, identification of the work and material, and a good‑faith statement).
• We may remove content and terminate repeat infringers. Counter‑notice procedures are available pursuant to 17 U.S.C. §512.

20. Third‑Party Services; Integrations; API

The Services may rely on or link to third‑party services (e.g., e‑signature, RON, mapping, recorders, payment processors). Your use of those services is subject to their terms; we are not responsible for third‑party services.

• Availability of integrations may change without notice.
• If we provide an API, you must use it in accordance with our documentation, rate limits, and security requirements; do not misuse the API or expose credentials.

21. Beta/Pre‑Release Features

We may offer preview, beta, or experimental features. They are provided as‑is, may change or cease at any time, and may be less reliable than generally available Services. Your use is at your own risk.

22. Disclaimers; No Warranties

THE SERVICES AND ALL CONTENT (INCLUDING THIRD‑PARTY DATA) ARE PROVIDED "AS IS" AND "AS AVAILABLE." REAL FACTS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON‑INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

• WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR‑FREE, OR THAT LIEN FILINGS WILL BE ACCEPTED OR ENFORCEABLE.

23. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, REAL FACTS, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY.

• OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES SHALL NOT EXCEED THE AMOUNTS YOU PAID TO REAL FACTS FOR THE SERVICE GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS BEFORE THE EVENT.
• Some jurisdictions do not allow certain limitations; in such cases, our liability will be limited to the maximum extent permitted by law.

24. Indemnification

You will defend, indemnify, and hold harmless Real Facts and its affiliates, officers, employees, and agents from and against any claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your Content or instructions (including Lien Documents)
• Your use of the Services
• Your violation of these Terms or law
• Disputes with third parties (owners, GCs, subs, lenders) relating to filings you direct us to make

25. Export; Anti‑Corruption; Sanctions

You must comply with all export control and sanctions laws (e.g., U.S. EAR, OFAC). You will not use the Services in violation of such laws or provide access to prohibited parties.

• You represent that you have not and will not offer or accept bribes or improper payments in connection with the Services.

26. Government Use

If you are a U.S. Government end user, the Services are provided as "commercial computer software" subject to restricted rights under applicable FAR/DFARS provisions.

27. Force Majeure

We are not liable for delays or failures due to events beyond our reasonable control, including acts of God, labor disputes, disruptions of communications or utilities, or changes in law.

28. Dispute Resolution; Arbitration; Class Action Waiver

Before filing a claim, you agree to email info@joinrealfacts.com with a written description and allow 30 days to attempt resolution.

• Arbitration: Except for (i) small‑claims court matters or (ii) injunctive relief, all disputes arising out of or relating to these Terms or the Services will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.
• The seat will be Harris County, Texas, unless the arbitrator permits remote proceedings.
• Class Action/Jury Waiver: YOU AND REAL FACTS WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE PROCEEDING.
• 30‑Day Opt‑Out: You may opt out of arbitration by sending a written notice to info@joinrealfacts.com within 30 days after first accepting these Terms.

29. Suspension; Termination; Effect

We may suspend or terminate access immediately for violations, non‑payment, risk of harm, or suspected unlawful activity.

• Upon termination, your license ends and you must cease use.
• Sections that by their nature should survive (including §§4, 10–15, 17–28, 30–33) will survive.

30. Notices; Electronic Records; E‑Sign Consent

You consent to receive notices and records electronically to your registered email or through the Services.

• You may withdraw consent by contacting support, but we may then terminate or limit your access.

31. Assignment; Subcontractors

You may not assign these Terms without our prior written consent. We may assign to an affiliate or in connection with a merger, sale, or corporate reorganization.

• We may use subcontractors; we remain responsible for their performance.

32. Confidentiality

Each party may access the other's non‑public information ('Confidential Information'). The receiving party will use reasonable care to protect it and will not disclose it except to personnel with a need to know, or as required by law.

• Confidentiality obligations do not apply to information that is public, independently developed, or lawfully obtained from a third party.

33. Entire Agreement; Order of Precedence

These Terms, the Privacy Policy, any DPA, and any Order Forms constitute the entire agreement and supersede prior terms.

• If there is a conflict, the Order Form controls, then these Terms, then the Privacy Policy.

34. Severability; Waiver; Interpretation; Survival

If any provision is unenforceable, it will be modified to the minimum extent necessary or severed; the remainder remains in effect.

• No waiver is effective unless in writing.
• Headings are for convenience only.
• The parties are independent contractors.

35. Contact

Real Facts LLC

• Support & Legal Notices: info@joinrealfacts.com
• Phone: 832.434.9040
• Mailing Address: 2257 N Loop 336 W, Suite 140 PMB 247, Conroe, TX 77304, US