Terms of Service and End-User License Agreement

This Terms of Service and End-User License Agreement (this “Agreement” or “EULA”) is a binding agreement between you, either an individual or the entity you represent (“you,” “Licensee,” or “User”), and Cosystems, Inc., d/b/a PocketEngines (“Company,” “we,” “us,” or “our”), located at 4140 Donald Drive, Palo Alto, CA 94306, USA. This Agreement governs your access to and use of SFR Portfolio Builder, including its website, web application, and related services (collectively, the “Service”).

By creating an account, accessing, or using the Service, you agree to be bound by this Agreement and by our Privacy Policy, which is incorporated by reference. If you do not agree, you may not access or use the Service.

1. Eligibility

You must be at least 18 years old and capable of forming a legally binding contract to use the Service. If you are accessing the Service on behalf of a business, fund, or other entity, you represent that you have authority to bind that entity to this Agreement, and “you” refers to that entity as well as you individually.

2. Definitions

“Service” means the SFR Portfolio Builder web application, including the Fiduciary Filter, 30-Year Projections, Market Intelligence, AI Market Research, Portfolio Tracking, and Property Comparison features, and any associated documentation.
“Your Content” means any data, documents, offering memos, property descriptions, market reports, investment criteria, or other materials you upload, enter, or submit to the Service.
“Output” means the analysis, extracted data, Fiduciary Filter verdicts (INVEST/CAUTION/REJECT), projections, and other results the Service generates from Your Content, including through the use of AI.
“Account” means the private, access-controlled account through which you use the Service.

3. The Service; Early Access / Beta Status

SFR Portfolio Builder is currently offered on a private, invite-only, early access / beta basis. The Service, its features, and its output may change, be limited, contain errors, or be discontinued at any time without liability to you, except as required by law. We do not guarantee any particular level of availability, accuracy, or uptime during this stage.

4. License Grant

Subject to your compliance with this Agreement, Company grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Service, solely for your own property analysis, underwriting, and portfolio management purposes — whether personal or on behalf of a business, fund, or advisory practice you operate or are employed by. You may not sublicense, resell, rent, or provide access to the Service to any third party who is not an authorized user of your Account.

5. Fees and Payment

The Service is currently provided free of charge / at no cost during the early access period. Company reserves the right to introduce subscription fees or paid tiers in the future, in which case Company will provide advance notice and an opportunity to accept updated pricing before charging you.

6. Your Account

You are responsible for maintaining the confidentiality of your Account credentials and for all activity under your Account. You agree to provide accurate registration information and to notify Company promptly of any unauthorized use of your Account. Each Account’s data is isolated from other customers’ Accounts; Company does not share one customer’s Content or Output with another.

7. Your Content and Data

Ownership. As between you and Company, you retain all ownership rights in Your Content.
License to Company. You grant Company a limited, non-exclusive, worldwide license to host, process, transmit, and analyze Your Content solely to provide, maintain, and improve the Service for you, including by transmitting Your Content to third-party AI providers (see Section 8) for the purpose of generating Output.
No unrelated use. Company will not sell Your Content, and will not use Your Content to train AI models for the benefit of other customers, except as separately disclosed in our Privacy Policy.
Retention and deletion. Your Content and Output are retained for as long as your Account is active, and handled after termination as described in Section 15 and in our Privacy Policy.

8. AI-Generated Analysis; No Investment, Legal, or Tax Advice

The Service uses artificial intelligence, including third-party large language models (such as Anthropic’s Claude), to extract data from uploaded documents and to generate Output, including Fiduciary Filter verdicts and 30-year projections.
Output may contain errors. AI-extracted data and AI-generated analysis are provided for informational purposes only, may be incomplete or inaccurate, and should be independently verified before you rely on them.
Not advice. The Service, including any verdict, score, or projection it produces, does not constitute financial, legal, tax, or investment advice, and is not a substitute for consultation with a qualified financial advisor, CPA, attorney, or qualified intermediary regarding a 1031 exchange or any other transaction.
Your responsibility. You remain solely responsible for all investment, tax, and legal decisions you make, including decisions made in reliance on the Service.

9. Acceptable Use

You agree not to:

Use the Service for any illegal or unlawful purpose, or to promote discrimination, violence, terrorism, or exploitation of any kind;
Use the Service to underwrite or evaluate properties on behalf of a third party in a manner that would require Company or the Service to be licensed as an investment adviser, broker-dealer, or similar regulated entity;
Resell, white-label, or offer the Service (or Output generated by the Service) as a competing product or service;
Gather Content, Output, or any other portion of the Service by automated means, including scraping, without Company’s prior written consent;
Reverse engineer, decompile, or disassemble the Service, except to the extent such restriction is prohibited by applicable law;
Attempt to gain unauthorized access to another customer’s Account or data;
Upload Content that infringes the intellectual property or privacy rights of any third party.

Violation of this Section is grounds for immediate suspension or termination of your Account.

10. Intellectual Property

All right, title, and interest in the Service — including its software, design, trademarks (including “SFR Portfolio Builder” and “Fiduciary Filter”), and underlying methodology — belong to Company or its licensors. Except for the limited license in Section 4, nothing in this Agreement grants you any right, title, or interest in the Service or Company’s intellectual property.

11. Third-Party Services

The Service may link to, integrate with, or rely on third-party services (including AI providers, data sources, and market report publishers). Company is not responsible for the accuracy, availability, or practices of third-party services, and your use of them is at your own risk and subject to their own terms.

12. Feedback

If you provide Company with suggestions, ideas, or feedback about the Service, you grant Company a perpetual, irrevocable, royalty-free license to use that feedback for any purpose, without obligation or compensation to you.

13. Disclaimer of Warranties

THE SERVICE AND ALL OUTPUT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY. COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT ANY OUTPUT WILL BE ACCURATE OR COMPLETE.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, OR DATA, ARISING FROM YOUR USE OF THE SERVICE OR RELIANCE ON ANY OUTPUT, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY’S AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID COMPANY FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

15. Term and Termination

This Agreement remains in effect while you use the Service.
You may terminate by closing your Account at any time.
Company may suspend or terminate your Account for violation of this Agreement, or terminate the Service generally, with reasonable notice except where immediate action is required for security, legal, or safety reasons.
Upon termination, your license to use the Service ends immediately. Company will retain or delete Your Content following termination as described in our Privacy Policy, except where retention is required to comply with law or to respond to a legal request.

16. Indemnification

You agree to indemnify and hold Company harmless from any claim, demand, or liability, including reasonable attorneys’ fees, arising from your breach of this Agreement, your Content, or your violation of any law or third-party right.

17. Dispute Resolution; Arbitration; Class Action Waiver

Informal resolution first. Before filing a claim, you agree to contact Company at support@pocketengines.com and attempt to resolve the dispute informally for at least 30 days.
Binding arbitration. Any dispute not resolved informally will be resolved by binding arbitration administered by [the American Arbitration Association (“AAA”)] under its rules, rather than in court, except that either party may bring an individual claim in small claims court.
Class action waiver. Disputes will be brought only in an individual capacity, not as a plaintiff or class member in any purported class, consolidated, or representative proceeding.
Opt-out. You may opt out of this arbitration provision by sending written notice to support@pocketengines.com within 30 days of first accepting this Agreement.

18. Governing Law

This Agreement is governed by the laws of the State of California, USA, without regard to its conflict-of-laws principles. Subject to Section 17, the state and federal courts located in California will have exclusive jurisdiction over any dispute not subject to arbitration.

19. Force Majeure

Company will not be liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including natural disasters, acts of government, internet or utility failures, or failures of third-party service providers (including AI providers).

20. Assignment

You may not assign or transfer this Agreement without Company’s prior written consent. Company may assign this Agreement without your consent in connection with a merger, acquisition, or sale of all or substantially all of its assets.

21. Changes to this Agreement

Company may update this Agreement from time to time. Material changes will be notified by email or through the Service prior to taking effect. Continued use of the Service after changes take effect constitutes acceptance of the updated Agreement.

22. Miscellaneous

No Waiver. No failure to enforce any provision of this Agreement constitutes a waiver of that provision.
Severability. If any provision of this Agreement is found unenforceable, the remaining provisions remain in full force and effect.
Entire Agreement. This Agreement and the Privacy Policy constitute the entire agreement between you and Company regarding the Service, superseding any prior agreements.
Notices. Company may provide notices to you via email or through the Service. You may send notices to Company at support@pocketengines.com or 4140 Donald Drive, Palo Alto CA 94306.

23. Contact

Questions about this Agreement can be sent to support@pocketengines.com or via the contact page.