Terms of Service

These Terms of Service (the "Terms") are a binding agreement between you and LowBaller ("LowBaller," "we," "us," or "our") governing your use of the LowBaller website, market scans, lead lists, and subscription services (together, the "Service"). By using the Service, running a scan, or completing a purchase, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

The Service is currently offered to residents of the United States. You must be at least 18 years old and use the Service only for lawful business purposes.

LowBaller compiles and ranks information from public and commercially available property records such as county assessor and recorder data, foreclosure and tax-lien filings, code-violation notices, vacancy signals, and ownership and equity estimates, to help real-estate professionals identify potentially motivated sellers.

LowBaller is not a consumer reporting agency, and the information we provide is not a "consumer report" under the federal Fair Credit Reporting Act (FCRA) or any state equivalent. You may not use the Service, in whole or in part, as a factor in establishing a person's eligibility for credit, insurance, employment, housing or tenant screening, or for any other purpose covered by the FCRA. By using the Service you certify that you will not use it for any such purpose.

Public-records data is often incomplete, out of date, or inaccurate, and motivation scores are estimates generated by our models, not statements of fact about any owner's intent to sell. We do not warrant the accuracy, completeness, or currency of any address, owner name, phone number, valuation, equity figure, or score. Verify information independently before you rely on it or contact anyone.

When using the Service, you agree that you will:

• use the data only for legitimate real-estate business purposes;
• comply with all laws governing calls, texts, and messages, including the Telephone Consumer Protection Act (TCPA), the federal and state Do-Not-Call rules, and any applicable auto-dialer and consent requirements, before contacting anyone on a list;
• honor opt-out, do-not-contact, and deletion requests from the people you reach out to;
• not resell, redistribute, or sublicense the data, and not scrape, reverse engineer, or interfere with the Service;
• not use the Service for any FCRA-covered or otherwise unlawful purpose.

You are solely responsible for how you use the data and for your outreach. LowBaller is a data tool, not a party to your communications.

The Service is offered through a paid subscription that begins with a free trial. You choose a plan at checkout, where the current price and terms are shown before you confirm. As of the date above:

• Your subscription starts with a 7-day free trial. There is no charge today, but a valid payment method is required to begin the trial. The trial includes a small number of seller unlocks (credits) so you can try the Service.
• We currently offer three monthly plans: Starter at $99 per month (50 seller unlocks), Pro at $199 per month (150 unlocks), and Scale at $499 per month (500 unlocks). One credit is used each time you unlock a seller. Annual billing is available at a discount and is charged once per year.
• Unless you cancel before the trial ends, your subscription begins automatically and your payment method is charged the price of the plan you selected. It then renews automatically each billing period (monthly or yearly) at the then-current price until you cancel.
• If you choose to start your plan early or upgrade, your trial ends and billing begins immediately on the payment method on file.
• You can cancel anytime. Cancellation stops future charges and takes effect at the end of the current billing period. Unused monthly credits do not roll over.

To cancel, manage your plan from your account page, email us at support@lowballer.app from the email address you used at checkout, or use the cancellation link in any billing email. We will confirm your cancellation by email. Payments are processed by Stripe; we do not store your card number.

You can cancel anytime; your membership then runs to the end of the period already paid and nothing more is charged. Except where required by law, payments are non-refundable. If something went wrong with a charge, contact support@lowballer.app and we will make it right.

The Service, including its software, design, scoring models, and branding, is owned by LowBaller or its licensors and is protected by intellectual property laws. We grant you a limited, personal, non-transferable, non-sublicensable license to access the Service and use exported lists for your own real-estate business, subject to these Terms. You may not resell or redistribute the data.

The Service relies on third-party providers (such as Stripe for payments and data suppliers for records) and may integrate with tools you connect (such as your CRM). Those services have their own terms and privacy policies, and we are not responsible for them.

THE SERVICE AND ALL DATA ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE DATA WILL BE ACCURATE OR COMPLETE OR THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LOWBALLER AND ITS OWNERS, EMPLOYEES, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS ARISING FROM YOUR USE OF OR RELIANCE ON THE SERVICE OR THE DATA, INCLUDING YOUR OUTREACH TO ANY PERSON. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF $100 OR THE AMOUNTS YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM AROSE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.

You agree to indemnify and hold LowBaller harmless from claims, damages, and expenses (including reasonable attorneys' fees) arising from your use of the Service or the data, your outreach to any person, or your violation of these Terms or of any law, including the TCPA, Do-Not-Call rules, or the FCRA.

Before filing a claim, you agree to first contact us at support@lowballer.app and give us 30 days to try to resolve the dispute informally.

If we cannot resolve it, you and LowBaller agree that any dispute arising out of these Terms or the Service will be resolved by binding, individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court, except that either party may bring an individual claim in small claims court. You and LowBaller each waive the right to a jury trial and the right to participate in a class action or class-wide arbitration.

You may opt out of this arbitration agreement by emailing support@lowballer.app within 30 days of first accepting these Terms, with the subject line "Arbitration opt-out."

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law rules, except where the law of your state of residence necessarily applies.

We may update the Service or these Terms from time to time. If we make material changes, we will update the date at the top of this page and, where required, notify you by email or in the Service. Continued use after changes take effect means you accept the updated Terms. Price changes for existing members will be communicated in advance and apply from the next billing period.

Questions about these Terms? Email support@lowballer.app.