Terms Of Use

Last Updated: October 2024

1. Welcome to SpireEx

Thank you for choosing SpireEx! By accessing and using the services of SpireEx Incorporated ("we," "us," "our," or "SpireEx"), you agree to these Terms of Use. By creating an account or by continuing to use our Services, you accept these terms and agree to be bound by any future modifications as they are updated.

2. SpireEx Inc. Role

By using our website to schedule home showings or draft a Residential Purchase Agreement by clicking the "Propose Offer" button, you authorize SpireEx Inc. to act as an Exclusive Buyer Agent on your behalf for the selected property to facilitate the home transaction process. Services provided by SpireEx that do not relate to buyer representation are not intended as real estate, financial, or other advisory services.

3. Eligibility to Use: Account Registration

To access SpireEx Services, you must be at least 18 years old. By registering, you confirm that any information provided, such as your email, name, and phone number, is accurate. You are solely responsible for maintaining the confidentiality of your account and password. Sharing your account with others is prohibited.

4. User Materials

SpireEx grants you a limited, non-exclusive, revocable, personal, non-transferable license to use our Services for personal purposes, provided you comply with these Terms of Use. You do not have a license to distribute, reproduce, or display the Services on third-party websites or other platforms.

5. Intellectual Property

The Services are owned by SpireEx Incorporated. This includes all elements such as the user interface, design, code, information, and graphics. You may not use, copy, reproduce, or distribute any materials provided through the Services unless explicitly authorized.

6. Use of Services

SpireEx grants you access to use its Services solely for the purposes intended, such as real estate information, property showings, and buyer representation. Any use beyond these purposes, such as data scraping or automated querying, is strictly prohibited.

7. Prohibited Use

You agree not to:

8. Fees

For Services related to Buyer Representation, SpireEx Inc charges a commission fee upon closing for facilitating Buyer Representation. SpireEx may charge additional flat fees upon closing. (Please consult the official fee schedule for more details.)

9. User Information/Third-Party Services

By using our Services, you may be required to provide us with certain personal information, including but not limited to your name, email address, and phone number. We may also collect information about your use of third-party services that integrate with our platform. Your information will be handled in accordance with our Privacy Policy.

10. DMCA

SpireEx respects the intellectual property rights of others and expects users of the Services to do the same. If you believe that any content on our platform infringes upon your copyright, please notify us in accordance with the Digital Millennium Copyright Act (DMCA). Include the following in your notice: a description of the copyrighted work, the location of the infringing material, your contact information, and a statement of good faith belief that the use is unauthorized.

11. Deactivation or Deletion of Account

You may deactivate or delete your account at any time. Upon deactivation, your account will be temporarily suspended. If you choose to delete your account, all associated data will be permanently removed from our systems. We reserve the right to retain certain information as required by law or for legitimate business purposes, even after your account is deleted.

12. Privacy Policy

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and disclose your information. By using our Services, you acknowledge that you have read and understood our Privacy Policy. It is your responsibility to review this policy periodically for any updates or changes.

13. Indemnification

You agree to indemnify, defend, and hold harmless SpireEx Inc., its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, or expenses (including reasonable attorney's fees) arising out of your use of the Services, your violation of these Terms of Use, or your infringement of any rights of another party.

14. Limitation of Liability

To the fullest extent permitted by applicable law, SpireEx Inc. shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill, arising from your use of or inability to use our Services, even if we have been advised of the possibility of such damages.

15. No Warranties

The Services are provided on an "as-is" and "as-available" basis. SpireEx Inc. makes no representations or warranties of any kind, express or implied, regarding the availability, reliability, or accuracy of the Services. You use the Services at your own risk.

16. Choice of Law; Disputes

These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Any disputes arising out of or relating to these Terms or your use of the Services shall be resolved exclusively in the state or federal courts located in California.

17. General

These Terms of Use constitute the entire agreement between you and SpireEx Inc. regarding your use of the Services. If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect. Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

18. Consent to Communication

By using our Services, you consent to receive electronic communications from us. These communications may include notices about your account and information concerning or related to the Services. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements.

19. Notice to California Residents

If you are a California resident, you may have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us using the contact information provided below.

20. Contact Information

If you have any questions about these Terms of Use, please contact us at:
SpireEx Incorporated
5214 Diamond Heights Boulevard
San Francisco, California