1. Agreement to Terms
These Terms of Service ("Terms") form a binding agreement between you ("you," "User," or "Subscriber") and VacantEdge, operated by Binh Ly, an individual doing business as VacantEdge ("VacantEdge," "we," "us," or "our"), governing your access to and use of the VacantEdge website at vacantedge.io, our applications, data, and related services (collectively, the "Service").
By creating an account, clicking "I agree," or accessing the Service, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Service.
You represent that you are at least 18 years old and have authority to enter into these Terms, whether for yourself or an entity you represent.
2. Description of the Service
VacantEdge is a software tool that aggregates and analyzes publicly available and licensed third-party data to help users identify potentially vacant, distressed, or off-market real properties. The Service may include property records, a proprietary "Vacancy Score," mapping, watchlists, alerts, data export, skip-tracing lookups, and direct-mail facilitation, subject to your plan.
The Service is an informational and lead-generation tool only. It is not a real estate brokerage, an appraisal service, a credit-reporting agency, an investment advisor, or a provider of legal, financial, or professional advice.
3. Informational Purpose; No Reliance; No Professional Advice
You acknowledge and agree that:
- (a) All data, scores, estimates (including any "ARV," value, or vacancy indicators), and outputs are provided for general informational purposes only and may be inaccurate, incomplete, outdated, or unsuitable for any particular purpose.
- (b) The "Vacancy Score" is a predictive estimate generated by an algorithm, not a verified statement of fact about any property or person. A property flagged as vacant may be occupied, and vice versa.
- (c) Data is sourced from third parties and government records that we do not control and cannot guarantee. We do not independently verify it.
- (d) You are solely responsible for independently verifying all information before acting on it, and for conducting your own due diligence, title work, inspections, and professional consultations.
- (e) Nothing in the Service constitutes legal, financial, tax, investment, or real estate brokerage advice. You should consult qualified, licensed professionals before making any decision.
- (f) Any action you take based on the Service is taken at your own risk.
4. Permitted Use and Compliance With Law
The Service provides data and tools; how you use them is your responsibility. You agree that you, and not VacantEdge, are solely responsible for ensuring your use complies with all applicable laws, including but not limited to:
- Fair Credit Reporting Act (FCRA): You agree not to use the Service, or any data or skip-tracing output, for any "permissible purpose" under the FCRA or as a factor in establishing eligibility for credit, insurance, employment, housing, or any other FCRA-regulated purpose. VacantEdge is not a consumer reporting agency, and its data is not a "consumer report."
- Telemarketing and outreach laws: You are solely responsible for compliance with the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, federal and state Do-Not-Call registries, and all marketing, calling, texting, and mailing regulations in connection with any outreach you conduct.
- Privacy and data-broker laws: You agree to comply with all applicable privacy laws, including the California Consumer Privacy Act (CCPA/CPRA) and similar state laws, in your handling of any personal information obtained through the Service.
- Fair housing and anti-discrimination laws, real estate licensing laws, and anti-stalking/anti-harassment laws.
You agree not to use the Service: to harass, stalk, threaten, or harm any person; to obtain information about any individual for any unlawful purpose; to make unsolicited contact in violation of law; to resell, redistribute, scrape, or create a competing dataset or product; or in any manner that violates a third party's rights.
You agree that any data obtained will be used only for legitimate real estate investment and outreach purposes consistent with these Terms and applicable law.
5. Accounts, Subscriptions, Billing
- (a) Accounts. You must provide accurate information and keep your credentials secure. You are responsible for all activity under your account.
- (b) Plans and fees. Paid plans are billed in advance on a recurring monthly basis through our payment processor, Stripe. By subscribing, you authorize recurring charges until you cancel.
- (c) Usage limits and add-ons. Plan limits (e.g., property views, skip traces, direct mail) apply as described at purchase. Third-party pass-through costs (skip tracing, direct mail) are non-refundable once incurred.
- (d) Changes. We may change pricing on a going-forward basis with 30 days' notice.
- (e) Cancellation. You may cancel anytime; access continues through the paid term. Except where required by law, fees are non-refundable and we do not provide partial-period refunds.
- (f) Taxes. You are responsible for applicable taxes.
6. Intellectual Property
The Service, software, "Vacancy Score" methodology, branding, and all related IP are owned by VacantEdge or its licensors and are protected by law. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your internal business purposes during your subscription. You may use exported data only for your own permitted real estate activities and may not resell, sublicense, redistribute, or use it to build a competing product. All rights not expressly granted are reserved.
7. Third-Party Data and Services
The Service incorporates data and services from third parties (e.g., county and government records, skip-tracing providers, mapping, mail, and payment processors). We do not control and are not responsible for the accuracy, availability, or practices of these third parties, and your use may be subject to their terms. We disclaim all liability arising from third-party data or services.
8. Disclaimer of Warranties
To the maximum extent permitted by law, the Service and all data are provided "as is" and "as available," without warranties of any kind, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranty regarding the accuracy, completeness, reliability, or timeliness of any data, score, or output.
We do not warrant that the Service will be uninterrupted, secure, or error-free, or that any property or lead will result in a transaction or profit. Some jurisdictions do not allow certain warranty exclusions, so some of the above may not apply to you.
9. Limitation of Liability
To the maximum extent permitted by law:
- (a) VacantEdge and its owners, officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any lost profits, lost deals, lost data, or business interruption, arising from or related to the Service or these Terms, even if advised of the possibility.
- (b) Our total aggregate liability for all claims arising from or related to the Service will not exceed the greater of (i) the amount you paid us in the three (3) months before the event giving rise to the claim, or (ii) one hundred U.S. dollars ($100).
- (c) These limitations apply regardless of the legal theory and are a fundamental basis of the bargain between us. Some jurisdictions do not allow certain limitations, so portions may not apply to you.
10. Indemnification
You agree to defend, indemnify, and hold harmless VacantEdge and its owners, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use or misuse of the Service or any data; (b) your violation of these Terms or any law (including the FCRA, TCPA, CAN-SPAM, Do-Not-Call, fair housing, privacy, and data-broker laws); (c) your outreach to, or dealings with, property owners or other third parties; or (d) your violation of any third party's rights.
11. Dispute Resolution; Arbitration; Class-Action Waiver
- (a) Informal resolution first. Before filing a claim, you agree to contact us at privacy@vacantedge.io and attempt to resolve the dispute informally for 30 days.
- (b) Binding arbitration. Except for claims that qualify for small-claims court or seek injunctive relief for IP misuse, any dispute will be resolved by final and binding arbitration administered by the American Arbitration Association under its rules, in Los Angeles County or Orange County, California.
- (c) Class-action waiver. Disputes will be conducted only on an individual basis, not as a class, collective, or representative action.
- (d) Jury-trial waiver. To the extent any matter proceeds in court, both parties waive a jury trial.
12. Governing Law
These Terms are governed by the laws of the State of California, without regard to conflict-of-law rules. Subject to Section 11, the exclusive venue for any permitted court action is the state or federal courts located in Los Angeles County or Orange County, California.
13. Termination
We may suspend or terminate your access at any time, with or without cause or notice, including for any violation of these Terms. Upon termination, your license ends and you must stop using the Service and any exported data as required by law. Sections that by their nature should survive (including Sections 3, 4, 6–12, and 14) survive termination.
14. Changes to These Terms
We may modify these Terms at any time by posting the updated version with a new "Last updated" date. Material changes will be communicated by email or a notice within the Service. Your continued use after changes take effect constitutes acceptance.
15. General
- Entire agreement. These Terms and the Privacy Policy are the entire agreement between us.
- Severability. If any provision is unenforceable, the rest remains in effect and the provision will be limited to the minimum extent necessary.
- No waiver. Our failure to enforce any right is not a waiver.
- Assignment. You may not assign these Terms; we may assign them freely.
- Force majeure. We are not liable for failures caused by events beyond our reasonable control.
16. Contact
VacantEdge
Email: privacy@vacantedge.io