1. Acceptance and authority
By creating an account, purchasing a subscription, or using AssetUpside (the “Service”), you agree to these Terms and our Privacy Policy. If you use the Service for an organization, you represent that you have authority to bind it. If you do not agree, do not use the Service.
2. Commercial use only; no consumer use
The Service is offered solely for commercial, business, professional, or real-estate investment purposes. It is not offered for personal, family, or household purposes. You represent and warrant that every use of the Service is in furtherance of a business or investment activity and is not a consumer transaction. You must be at least 18 years old and legally capable of entering this agreement.
3. Accounts and team access
You must provide accurate information, protect your credentials, and promptly notify us of unauthorized access. The account owner is responsible for team members, invited users, account activity, and compliance with plan limits. You may not share credentials or evade usage, seat, storage, or access limits.
4. License and acceptable use
We grant you a limited, revocable, non-exclusive, non-transferable right to use the Service during your subscription. You may not copy, resell, sublicense, reverse engineer, scrape, disrupt, misuse, or access the Service unlawfully; upload malicious code; infringe rights; probe security; or use automated means that burden the Service or its data providers.
5. Subscriptions, renewals, taxes, and cancellation
Paid subscriptions renew automatically for the selected monthly or annual term until canceled. You authorize recurring charges, plus applicable taxes. Prices and plan features may change prospectively with reasonable notice. You may cancel through your account’s billing settings; cancellation takes effect at the end of the paid term unless law requires otherwise. Our Refund and Cancellation Policy is incorporated into these Terms.
6. Your content, responsibility, and prohibited data
Ownership and liability. You retain 100% ownership of, and sole responsibility and liability for, all information and files you or your team submit. You grant us a worldwide, non-exclusive license to host, process, reproduce, transmit, and display that content only as reasonably necessary to operate, secure, support, and improve the Service.
No monitoring obligation. We host and process your content to provide the Service. We do not review it and have no duty to monitor it. We may remove content that we believe violates these Terms or the law.
Prohibited data. You must not upload, store, or transmit (“Prohibited Data”): Social Security numbers or other government identification numbers; protected health information subject to HIPAA or other health records; payment card numbers, CVVs, or full bank account credentials; or any content that is illegal or that you are not authorized to possess. Redact such information before uploading. We cannot prevent such uploads. If you upload sensitive data despite this notice, you do so at your own risk and must redact where possible.
Your warranty. You represent and warrant that you have all legal rights, notices, and consents necessary to upload, store, and share every document and item of information you submit, including personal information about tenants, applicants, contractors, partners, sellers, or clients (for example, a tenant’s written permission before uploading that tenant’s bank statement), and that doing so complies with all applicable laws.
Storage and fair use. File storage, including storage described as “unlimited,” is provided for deal-related documentation in connection with your own real estate activity — contracts, title and closing files, inspection and appraisal reports, permits, receipts, scopes of work, and property photos. It may not be used for general cloud backup, video hosting (including drone or walkthrough footage), bulk archives, or storage of data unrelated to real estate. Individual uploads are limited to 25 MB, and supported file types are limited to PDFs, images, and common document and spreadsheet formats. “Unlimited” means no fixed quota during normal business use; accounts exceeding 500 GB, or showing usage inconsistent with this section, may be reviewed and we may require reduction, apply a quota, or suspend further uploads.
7. Third-party data providers
Property records, valuations, rents, market data, maps, payment services, and other third-party information come from outside providers. That information may be delayed, incomplete, estimated, or inaccurate. Third-party services may change or become unavailable. We do not control or guarantee them and may substitute, limit, or discontinue integrations. Verify important information independently.
7A. Document templates
Contract and document templates in the Service are general starting points only. They are not legal advice, and using them does not create an attorney-client relationship. Real estate and contract laws vary by state and change over time. Have a licensed attorney in your state review any template before you use or sign it.
7B. Voice and recording
Voice features rely on your browser's or device's speech recognition, which is provided by third parties under their own terms. You are solely responsible for getting any consent required by law before recording or transcribing other people.
7C. Data export and deletion
You may export your data at any time from Settings. If your subscription is canceled or ends, your account stays available in read-only mode for 60 days so you can export your data. After that, or after you delete your account, data is deleted or de-identified on the schedule described in our Privacy Policy, except records we must keep for billing, tax, and legal purposes.
7D. Service availability
The Service is provided on an "as available" basis. We do not guarantee any level of uptime or that the Service will always be accessible. Scheduled and emergency maintenance may occur, and features may be temporarily unavailable.
8. No professional advice or brokerage relationship
AssetUpside is a data organization, calculation, and productivity tool. Asset Upside, LLC is not acting as your investment adviser, financial adviser, attorney, accountant, lender, appraiser, property inspector, real-estate broker, agent, fiduciary, or tax adviser. The Service does not provide investment, financial, legal, tax, appraisal, lending, or real-estate brokerage advice. Outputs are estimates for planning and may rely on your inputs and third-party data. You are solely responsible for due diligence, independent verification, professional advice, and all acquisition, financing, construction, leasing, and disposition decisions.
9. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, SECURITY, AND RESULTS. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT ANY DEAL, RETURN, VALUE, RENT, COST, TIMELINE, OR OUTCOME WILL BE ACHIEVED.
10. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ASSET UPSIDE, LLC AND ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AND PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, LOST OPPORTUNITIES, LOST DEALS, LOST REAL-ESTATE PROFITS, FAILED OR DELAYED CLOSINGS, MISSING, CORRUPTED, OR UNAVAILABLE DOCUMENTS, LOST DATA, BUSINESS INTERRUPTION, FINANCING COSTS, OR PROPERTY LOSSES, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE WE DO NOT KNOW THE VALUE OR SENSITIVITY OF WHAT YOU STORE, YOU AGREE TO KEEP YOUR OWN BACKUP COPIES OF IMPORTANT FILES.
OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE FEES YOU PAID TO ASSET UPSIDE, LLC FOR THE SERVICE IN THE SIX MONTHS BEFORE THE CLAIM OR (B) $100. THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
Nothing in these Terms limits liability for gross negligence, willful misconduct, fraud, or anything that cannot be limited under law.
11. Indemnification
You will defend, indemnify, and hold harmless Asset Upside, LLC and its owners, officers, employees, contractors, and providers from claims, losses, liabilities, damages, and reasonable attorneys’ fees arising from your content, properties, transactions, team members, misuse of the Service, violation of law, infringement of rights, or breach of these Terms.
Without limiting the foregoing, your obligations in this Section extend to a security incident, data loss, or third-party claim only to the extent it was caused by your own breach of these Terms — for example, sharing or failing to protect account credentials, or uploading Prohibited Data or third-party personal information in violation of Section 6. In that case, you will defend and indemnify Asset Upside, LLC for resulting third-party claims, settlements, judgments, breach-notification costs, regulatory fines, and penalties, including under S.C. Code § 39-1-90 or any similar law, to the extent caused by your breach.
12. Suspension and termination
We may suspend or terminate access for nonpayment, security risk, unlawful conduct, material breach, abuse, or harm to the Service or others. You may stop using the Service at any time. Provisions that by their nature should survive termination will survive, including payment, ownership, disclaimers, liability limits, indemnity, and dispute terms.
13. Governing law
These Terms and any dispute are governed by the laws of the State of South Carolina, without regard to conflict-of-law rules. Asset Upside, LLC is domiciled in Lexington County, South Carolina.
14. Binding arbitration
Except for actions described in Section 15, any claim, dispute, or controversy arising out of or relating to these Terms, the Service, or your relationship with Asset Upside, LLC (collectively, a “Dispute”) will be resolved by final and binding arbitration on an individual basis, not as a class or representative action. Arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules then in effect, and will take place in Lexington County, South Carolina. The arbitrator may award any relief a court of competent jurisdiction could award, and judgment on the award may be entered in any court of competent jurisdiction. You and Asset Upside, LLC each waive the right to a court or jury trial and the right to participate in a class, collective, or representative action. The arbitrator, not a court, will decide all questions of arbitrability, class waiver, and scope.
Small claims. Either party may instead bring an individual claim in small claims court in Lexington County, South Carolina, if the claim qualifies and stays there on an individual basis.
Mass arbitration. If 25 or more similar arbitration demands are filed against a party by or with the help of the same or coordinated counsel, they will be administered in staged batches of up to 25 demands, with the next batch starting only after the prior batch is resolved. Fees and limitations periods are tolled while demands await their batch.
Before filing for arbitration, the party asserting the Dispute must give the other written notice and a good-faith opportunity to resolve it informally. If we do not resolve it within 60 days, either party may commence arbitration. This arbitration agreement survives termination of your account or the Service.
15. Court actions; venue
Either party may bring a claim for injunctive or other equitable relief to protect intellectual property, confidentiality, security, or the rights described in these Terms exclusively in the state courts located in Lexington County, South Carolina, or, where federal jurisdiction exists, the United States District Court for the District of South Carolina, Columbia Division. Each party waives objections based on venue or inconvenient forum. The exclusive forum for any matter not subject to arbitration is the state or federal courts described in this Section.
16. General terms
These Terms, the Privacy Policy, and the Refund and Cancellation Policy are the entire agreement regarding the Service. If a provision is unenforceable, the rest remains effective. Our failure to enforce a provision is not a waiver. You may not assign this agreement without our consent; we may assign it in connection with a reorganization, financing, merger, sale, or transfer of the Service. We are not liable for delays beyond our reasonable control.
17. Changes and contact
We may update these Terms prospectively. For material changes, we will give at least 30 days' notice by email and in the Service before the changes take effect. If you have a paid subscription and do not agree to a material change, you may cancel before it takes effect. Continued use after the effective date constitutes acceptance where permitted by law.
Asset Upside, LLC
3604 Fernandina Rd, Ste 206
Columbia, SC 29210
support@assetupside.com