Terms of Service

The agreement between Basis and the agent or brokerage using it.

Draft · not yet in force

These terms are between LEGAL ENTITY NAME ("Basis", "we") and the individual or company that opens an account ("you"). Using the service means accepting them. If you are accepting on behalf of a brokerage, you are confirming you are authorised to bind it.

1. What Basis is, and what it is not

Basis performs arithmetic on figures you supply and presents the result. That is the whole of what it does.

• Not tax advice. The depreciation, passive-loss, recapture and capital-gains treatments are modelled to standard conventions and are not a determination of anyone's tax position. Only a CPA or tax attorney who knows the taxpayer can give that.
• Not investment advice. Nothing produced is a recommendation to buy, sell or hold anything. We are not an investment adviser and no fiduciary duty arises.
• Not an appraisal, and not a broker price opinion.
• Not legal advice, including this page.
• Projections are estimates. They depend entirely on assumptions you or your client chose, and no future outcome is promised by any figure the software produces.

You are responsible for the assumptions you enter and for what you tell your client about the output.

2. Your account

Keep your credentials to yourself; you are responsible for what happens under your login. One seat is one person — seats are not to be shared. Tell us promptly at SUPPORT EMAIL if you think an account is compromised.

Brokerage plans include a stated number of seats. An owner or admin can invite and remove members, and can see the leads and activity of the agents in their organization. Agents cannot see each other's.

3. Plans, billing and cancellation

Plans are billed monthly or annually in advance and renew automatically until cancelled. Prices are in US dollars and exclude any tax. We record your consent to the service and to automatic renewal separately at the point of purchase, together with the exact wording shown to you, as California's Automatic Renewal Law requires.

You can cancel at any time from the billing page, without contacting anyone. Cancellation takes effect at the end of the paid period; access continues until then. We do not pro-rate partial periods except where the law requires it.

We may change prices with NOTICE PERIOD, e.g. 30 days notice before a renewal. Continuing past that renewal accepts the new price.

4. Your obligations — read this section

Basis puts a form on your website that collects other people's personal information. That makes several things your responsibility, not ours, and they are the obligations most likely to cause you real trouble.

Fair housing

You are responsible for compliance with the Fair Housing Act, state and local fair housing law, and your professional code of conduct. That includes how you configure lead routing. Routing leads by geography can be characterised as steering — ZIP codes correlate strongly with race and national origin in most markets, and enforcement looks at effect rather than intent. We warn you about this in the product where the setting lives. Configuring it is your decision and your liability.

Calls and texts

Where a person supplies a phone number, we ask them separately and optionally whether they agree to calls and texts, record the answer, and show it to you on every lead. You must honour it. Calling or texting a number marked "email only" is your exposure under the TCPA and equivalent state law, not ours, and statutory damages run per call or per message. You are responsible for your own do-not-call practices, opt-out handling and record keeping.

Your own privacy notice

The people who fill in your calculator are your contacts. You need your own privacy policy covering what you do with them after we hand them over, and you should give us its URL so the widget can link to it. If you forward leads to a CRM by webhook, that transfer is at your direction and is your disclosure to make.

Generally

Do not use Basis to send anything unlawful, to collect data you have no right to collect, to scrape or resell the service, to attack or probe it, or to misrepresent whose analysis a report is. Do not present output as though it were an appraisal, a tax opinion or a guarantee.

5. Who owns what

You own the deals, assumptions, branding and leads in your account. We claim no ownership of them and do not sell them. We own the software, and this agreement does not transfer it.

We may use aggregated, de-identified information about how the service is used — counts, timings, error rates — to operate and improve it. This never includes the contents of your leads or your clients' details, and is never sold.

6. Availability

We aim to keep the service up but do not promise a service level. It is provided as-is. We may change or withdraw features, and will give reasonable notice before removing something you are relying on.

7. Disclaimers and limits

To the fullest extent the law allows, the service is provided without warranty of any kind, express or implied, including merchantability, fitness for a particular purpose and non-infringement.

To the fullest extent the law allows, our total liability arising out of this agreement is limited to the amount you paid us in the 12 months before the claim, and we are not liable for lost profits, lost business, lost data or indirect or consequential loss.

Some jurisdictions do not allow these limits, in which case they apply only so far as permitted.

8. Indemnity

You will indemnify us against claims arising from your use of the service, including claims about how you contacted a lead, how you routed leads, what you told a client about an analysis, and your compliance with fair housing, TCPA, privacy and real estate licensing law.

9. Ending it

You may close your account at any time. We may suspend or close an account that breaches these terms or the law, and will say why unless we are prevented from doing so.

You can export your leads as CSV at any time while the account is open. After closure we keep data for the periods set out in the privacy policy and then delete it.

10. Governing law

These terms are governed by the law of STATE, and the courts of COUNTY, STATE have exclusive jurisdiction. Decide with counsel whether to include an arbitration clause and a class-action waiver — it is a genuine trade-off, not a default.

11. Changes

We may update these terms. Material changes get NOTICE PERIOD notice by email to the account address. Continuing to use the service after that accepts them.

Data Processing Addendum

Attached to and forming part of the terms above.

A. Roles

For personal information collected through the embedded calculator, you are the business and the controller — it is your website, your form and your relationship with that person. Basis is your service provider and processor, handling that information only to provide the service to you.

For your own account information — your name, email, billing details — Basis is the controller, and the privacy policy governs.

B. What we will and will not do

We process personal information only on your documented instructions, which these terms and your use of the product constitute. Specifically, we will not:

• sell or share it, as those terms are defined by the CCPA as amended, including for cross-context behavioural advertising;
• retain, use or disclose it for any purpose other than providing the service to you, or outside the direct business relationship between us;
• combine it with personal information from any other source, including from our other customers, except as the CCPA permits a service provider to do;
• use it to build a profile of a person that outlives your relationship with them, or to identify a person across the websites of different customers.

We will tell you if we determine we can no longer meet these obligations.

C. What is processed

D. Subprocessors

Approximate location is resolved from a database held on our own servers. No visitor's IP address is sent to any third party to be looked up.

We will give NOTICE PERIOD notice before adding a subprocessor, and you may object.

E. Security

Passwords are salted and hashed and never stored in a recoverable form. Sessions are HttpOnly cookies. Traffic is served over TLS. Outbound webhooks are signed with a per-account secret and are refused if the destination resolves to a private or internal address. Access to production is limited to WHO. Raw IP addresses are erased after 90 days while the derived city is retained.

F. Helping you answer people

If someone asks you to access, correct, delete or stop the sale of their information, we will help you answer within the statutory window. You can delete any lead yourself at any time, which erases it from our database rather than hiding it. If a request reaches us directly we will point the person to you, because it is your relationship, and tell you it happened.

G. Breach

We will notify you without undue delay and in any event within 72 hours of becoming aware of a personal data breach affecting your data, with what we know and what we are doing about it.

H. Deletion

On termination you may export your leads. After the retention periods in the privacy policy we delete them. We will confirm deletion in writing on request.

I. Audit

On reasonable notice, no more than once a year, we will answer a written security questionnaire and provide what documentation we have.

Questions about any of this: CONTACT. If you are a brokerage compliance officer and something here is not sufficient for your file, tell us what is missing rather than assuming the answer is no.