Terms of Service

Last updated: October 6, 2026

These Terms of Service (the "Terms") govern your access to and use of the thebestoffer.ai website and calculator (the "Service"), operated by [Legal entity name, e.g. 9to5 Flipping, LLC] ("we," "our," "us"). By accessing or using the Service you agree to be bound by these Terms.

1. The Service

thebestoffer.ai is an online tool for analyzing real estate investment deals across creative finance strategies including wholesale, novation, seller financing, subject-to, lease option, rental, and fix & flip. The Service is provided for informational and educational purposes only.

2. Not professional advice

Nothing in the Service constitutes legal, tax, financial, investment, or accounting advice. The calculations, templates, and email language provided are general tools — your specific deal terms, market conditions, and legal/tax obligations may vary. You are solely responsible for your investment decisions and for verifying numbers, comps, terms, and contract language with qualified professionals (attorney, CPA, lender, title company, real estate agent) before relying on them.

3. Account & eligibility

To use the Service you must be at least 18 years old and capable of forming a binding contract. You agree to provide accurate account information and to keep your password secure. You are responsible for all activity under your account.

4. Subscription & billing

5. Acceptable use

You agree not to:

6. Your content

Property addresses, deal numbers, contact information, and offer text you enter into the Service ("Your Content") remain your property. You grant us a limited license to store and process Your Content solely to provide the Service to you. We do not sell your data or share it with third parties for advertising. See our Privacy Policy for details.

7. Templates & intellectual property

The Service, including its calculator interface, copy, branding, code, and offer-email and contract templates, is owned by us and protected by copyright and other intellectual-property laws. You may use the templates we provide to communicate with sellers, buyers, and agents in the ordinary course of your real estate activity. You may not redistribute, repackage, or resell the templates as your own product.

8. Third-party services

The Service includes links and integrations to third-party services such as Zillow, Redfin, Realtor.com, Google Maps, Stripe, RentCast, BatchData, and email providers. We are not responsible for the availability, accuracy, or terms of those services.

9. Skip-Trace Credits & Contact Data

The Service offers "skip-trace credits" that let you reveal contact information (phone numbers and email addresses) for property owners sourced from third-party public-records and consumer-data aggregators (currently BatchData). By purchasing or using credits, you agree to each of the following:

(a) Permitted use. Skip-trace data may be used only for lawful real estate marketing, solicitation, and acquisition purposes. It may not be used for employment screening, credit decisions, insurance underwriting, tenant screening, housing decisions, or any other purpose covered under the Fair Credit Reporting Act (FCRA) or the Gramm-Leach-Bliley Act (GLBA). You acknowledge that the data is not a consumer report as defined by the FCRA.

(b) TCPA / DNC / telemarketing compliance. You are solely responsible for complying with the Telephone Consumer Protection Act (TCPA), the National Do Not Call Registry, all state-level mini-TCPA and telemarketing statutes (including but not limited to Florida, Washington, and Oklahoma), the CAN-SPAM Act for email, and all other applicable federal, state, and local regulations. This includes obtaining required prior express written consent before placing auto-dialed calls, pre-recorded voice messages, or SMS text messages, and scrubbing your call list against the DNC Registry before each use. We provide the data; the compliance obligations for how you contact a person are entirely yours.

(c) Credit refunds. Credits are non-refundable once used. If a skip-trace API call fails on our end before any contact data is returned, the credit is automatically refunded to your account. Credits used on successful lookups — including partial matches, outdated data, or data you choose not to act on — are not refundable. Unused credits do not expire but are not redeemable for cash, transferable between accounts, or refundable if you cancel your subscription.

(d) Data accuracy. We do not guarantee the accuracy, completeness, timeliness, or current validity of any contact information returned. All data should be independently verified before use. Match rates vary by provider, region, and data subject.

(e) No warranty; indemnification. The skip-trace feature is provided "as is." We disclaim all warranties relating to it and are not liable for any claims arising from your use of the data, including but not limited to TCPA class actions, DNC fines, state attorney general enforcement actions, data-privacy complaints, or claims by the individuals whose contact information was returned. You agree to indemnify, defend, and hold us harmless from any such claims, including reasonable attorneys' fees.

10. Affiliate Program

thebestoffer.ai offers a referral/affiliate program ("Affiliate Program") under which approved partners ("Affiliates") earn a recurring commission on subscription revenue generated by paying subscribers referred through their unique affiliate link. By applying to and participating in the Affiliate Program, you agree to each of the following:

(a) Approval required. Affiliate status is granted at our sole discretion. We may approve, reject, suspend, or terminate any affiliate account at any time with or without notice, including (but not limited to) for violations of these terms, violations of applicable law, or practices that harm our brand or users.

(b) Commission. Unless otherwise stated in writing, the commission rate is 30% of each referred subscriber's recurring subscription revenue, paid for as long as the subscriber remains in good standing with an active paying subscription. Commissions do not apply to one-time purchases such as skip-trace credit packs, taxes, discounts, chargebacks, or refunds. Commissions on canceled subscriptions cease upon cancellation.

(c) Attribution. We use a 90-day click-attribution window. When a visitor clicks your affiliate link, a browser-stored identifier credits you with any subscription signup from that visitor within 90 days. If a visitor clears their browser storage, uses a different device or browser, or clicks a competing affiliate's link after yours (last-touch wins), we may not be able to attribute the signup to you.

(d) Payouts. Payouts are issued monthly via Stripe Connect once the Affiliate's accrued commission balance meets the minimum payout threshold ($50 by default). Commissions are held for 60 days from the end of each earning period to protect against chargebacks and refunds. We may extend or shorten this hold at our discretion. Affiliates are responsible for completing Stripe Connect onboarding, including providing accurate banking and tax information.

(e) Chargebacks and refunds. If a referred subscriber charges back, disputes, or receives a refund for any payment on which commission was accrued or paid, we will reverse the corresponding commission. If the reversed amount exceeds your current unpaid balance, the deficit will be deducted from future commissions or, at our discretion, invoiced to you.

(f) FTC disclosure. You are solely responsible for complying with the Federal Trade Commission's Endorsement Guides (16 CFR Part 255) and all state-level equivalents, including conspicuously disclosing your affiliate relationship with us ("affiliate link," "I earn a commission," etc.) in all promotional content.

(g) Prohibited promotion methods. You may not promote the Service via (i) spam, unsolicited email, or unsolicited SMS; (ii) misleading or deceptive advertising; (iii) trademark bidding on our name or product name; (iv) coupon or discount sites that we have not expressly authorized; (v) brand infringement, impersonation, or any practice that would deceive a reasonable user about your relationship to us; or (vi) any method that violates applicable law or the terms of service of the platform you're using. Violations are grounds for forfeiture of unpaid commissions and immediate termination of your Affiliate account.

(h) Self-referrals and employees. You may not use your own affiliate link to subscribe to your own account, nor instruct your employees, contractors, or household members to do so. Such referrals will be reversed and may be grounds for termination.

(i) Tax reporting. You are an independent contractor, not our employee. If your annual commissions exceed $600, we are required by U.S. tax law to issue you a Form 1099-NEC. You agree to provide a current, accurate IRS Form W-9 (or Form W-8BEN if non-U.S.) upon request. You are solely responsible for your own tax obligations.

(j) Changes to the Program. We may change the commission rate, payout threshold, attribution window, approved payment methods, or any other term of the Affiliate Program at any time by posting an updated version of these Terms. Changes apply prospectively from the effective date; commissions earned before the change date are honored at the prior rate.

(k) Termination. Either party may terminate the affiliate relationship at any time. Upon termination, we will pay any commission balance that has cleared the 60-day hold period and that meets the minimum payout threshold; smaller balances may be forfeited at our discretion as described in the Affiliate Agreement.

11. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. WE DO NOT WARRANT THAT CALCULATIONS, COMPS, ARV ESTIMATES, OFFER LANGUAGE, CONTRACT LANGUAGE, OR SKIP-TRACE RESULTS ARE FREE OF ERROR OR SUITABLE FOR YOUR JURISDICTION. WE DO NOT GUARANTEE THAT YOU WILL SUCCESSFULLY CLOSE ANY DEAL.

12. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE AMOUNT YOU PAID US IN THE SIX MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. IN NO EVENT WILL WE BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS OR LOST DEALS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13. Termination

We may suspend or terminate your access to the Service at any time if you violate these Terms or if your account remains inactive or in delinquent payment status for an extended period. Upon termination, your access to saved deals, offer history, and unused skip-trace credits may be revoked without refund.

14. Governing law

These Terms are governed by the laws of the State of Maryland, United States, without regard to conflict-of-law principles. Any dispute arising under these Terms will be resolved in the state or federal courts located in Maryland, and you consent to that jurisdiction.

15. Changes to these Terms

We may update these Terms from time to time. Material changes will be communicated by email or by posting a notice in the Service. Your continued use of the Service after changes take effect constitutes acceptance.

16. Contact

Questions? Email support@thebestoffer.ai.