Terms of Service

CapEx Reserve (“the Service”) is operated by CapEx Reserve LLC, a Florida limited liability company (“we,” “us,” or “our”). CapEx Reserve is a capital expenditure planning tool for rental real estate. It helps property owners and property managers track major building systems and components, estimate replacement timelines and costs, and generate Capital Forecast reports for pre-acquisition evaluation and ongoing reserve planning. The Service uses artificial intelligence to extract data from photos and inspection reports you upload.

The Service is currently in early access. This means:

• Features may change, be added, or be removed as we develop the product.
• You may encounter bugs, incomplete functionality, or service interruptions.
• We appreciate your feedback and patience as we build.

We will make reasonable efforts to communicate significant changes, but early access means the product is evolving and not yet in its final form.

You are responsible for maintaining the security of your account credentials. You must provide accurate information when creating your account and keep it current. You are responsible for all activity that occurs under your account.

If you are a property manager using the Service on behalf of property owners, you represent that you have the authority to enter property data and upload documents on their behalf.

We may suspend or terminate accounts that violate these Terms, remain inactive for an extended period, or are used in ways that harm the Service or other users.

“Capital Forecast Estimates” means the replacement cost and timing estimates, reserve trajectories, and related outputs generated by the Service based on a User’s uploaded inspection report and the Service’s component reference data. Capital Forecast Estimates are limited to the component categories listed in the Scope and Limitations section of each report and do not constitute professional inspection, appraisal, engineering, financial, legal, or tax advice. Capital Forecast Estimates are based on assumptions including the accuracy and completeness of the uploaded inspection report, typical useful life under normal use conditions, and industry reference cost data that may differ materially from local market rates and property-specific factors.

This is important. CapEx Reserve provides Capital Forecast Estimates to help you think about future capital expenditures. We are not providing financial, tax, legal, or real estate advice through this Service.

Specifically:

• Capital Forecast Estimates are projections based on the data you provide and general reference data about component useful life and replacement costs. Actual costs and timelines will differ.
• AI-extracted data from photos and inspection reports is automated and may contain errors. You should review all extracted data for accuracy before relying on it.
• The Service does not account for your complete financial picture, tax situation, local regulations, or property-specific conditions that a qualified professional would consider.
• Nothing in the Service constitutes a recommendation to buy, sell, or hold any property, or to set aside any specific dollar amount.

You should consult qualified professionals for financial, tax, legal, and property management decisions.

Scope and Limitations. The scope of Capital Forecast Estimates is defined in the Scope and Limitations section included with each generated report. Users acknowledge that the analysis is limited to the components specifically identified in the Component Inventory of each report, and that the Scope and Limitations section describes both the analysis performed and items expressly excluded from the analysis. The current version of the Scope and Limitations document is available at capexreserve.com/scope.

You own your data. Property information, component records, photos, inspection reports, and any other content you upload or enter into the Service belongs to you. We do not claim ownership of your data.

You grant us a limited license to use your data solely to operate and improve the Service. This includes processing your photos and documents through third-party AI services for data extraction (see our Privacy Policy for details). We do not sell your data or use it for advertising.

You can request a complete export of your data or deletion of your account at any time by contacting us at support@capexreserve.com.

You represent that you have the legal right to upload any inspection reports, photos, invoices, or other documents you submit to the Service, and that doing so does not violate any third party’s rights, including intellectual property or privacy rights.

If you forward emails to the Service for processing (such as invoices), you are responsible for ensuring that any third-party personal information contained in those emails is shared with appropriate authorization.

You agree not to:

• Use the Service for any unlawful purpose.
• Upload content that infringes on the intellectual property rights of others.
• Attempt to access other users’ data or accounts.
• Interfere with or disrupt the Service’s infrastructure.
• Use automated tools to scrape data from or overload the Service.
• Resell access to the Service without our written permission.

The Service itself, including its design, code, algorithms, reference data, report templates, and branding, is our property or the property of our licensors. These Terms do not grant you any rights to our intellectual property beyond the right to use the Service as intended.

The Service integrates with third-party services including cloud hosting, authentication, data storage, and AI processing providers. While we choose these providers carefully, we are not responsible for their availability, performance, or practices. Their use is governed by their own terms and policies.

To the maximum extent permitted by law:

• The Service is provided “as is” and “as available” without warranties of any kind, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
• We do not warrant that the Service will be uninterrupted, error-free, or that Capital Forecast Estimates or any data extracted by AI will be accurate or complete.
• We are not liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of or inability to use the Service.
• Our total liability for any claims arising from or related to the Service is limited to the amount you paid us in the twelve months preceding the claim, or $100, whichever is greater.

This limitation applies to all causes of action, whether based in contract, tort, strict liability, or any other legal theory.

You agree to indemnify and hold us harmless from any claims, damages, losses, or expenses (including reasonable legal fees) arising from your use of the Service, your violation of these Terms, or your violation of any third party’s rights.

Any dispute arising from these Terms or the Service will be resolved through binding arbitration administered under the rules of the American Arbitration Association, conducted in Miami-Dade County, Florida. You agree to arbitrate on an individual basis and waive any right to participate in a class action.

Either party may seek injunctive relief in any court of competent jurisdiction for matters involving intellectual property or unauthorized data access.

We may update these Terms from time to time. When we make changes, we will update the “Last Updated” date at the top and, for material changes, notify you via email or through the Service. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

You may stop using the Service and close your account at any time by contacting us at support@capexreserve.com. We may terminate or suspend your access at our discretion, with or without cause, with reasonable notice when practicable.

Upon termination, your right to use the Service ends. We will retain your data for a reasonable period to allow you to request an export, after which it will be deleted in accordance with our Privacy Policy.

If we terminate your account without cause, we will provide a pro-rata refund of any prepaid fees covering the period after termination.

• Governing Law. These Terms are governed by the laws of the State of Florida, without regard to conflict of law principles.
• Entire Agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service.
• Severability. If any provision of these Terms is found unenforceable, the remaining provisions remain in effect.
• Waiver. Our failure to enforce any provision of these Terms is not a waiver of that provision.
• Assignment. You may not assign your rights under these Terms without our consent. We may assign our rights in connection with a merger, acquisition, or sale of assets.
• Force Majeure. We are not liable for any failure or delay in performing our obligations where such failure or delay results from circumstances beyond our reasonable control, including but not limited to acts of nature, internet or infrastructure outages, government actions, or third-party service failures.

If you have questions about these Terms, contact us at:

Email: support@capexreserve.com