Terms and Conditions of Use

Please read these Terms carefully before using Cactus. By creating an account, accessing, or using the Platform, you agree to be legally bound by these Terms. If you do not agree to these Terms, do not use the Platform.

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1. Overview of the Platform

Cactus is an AI-powered commercial real estate (CRE) underwriting solution designed to automate and accelerate the underwriting process by ingesting property financial documents (e.g., rent rolls, operating statements), extracting data, generating pro forma models, projecting returns (IRR, ROI), and producing investment insights in minutes. The Platform includes features such as automated document parsing, financial modeling, scenario analysis, collaboration tools, market data integration, report generation, and real-time validation.

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2. Eligibility and Account Registration

You must be at least 18 years old and have the legal capacity to enter into binding contracts to use the Platform. By registering an account, you represent and warrant that:

• You are authorized to act on behalf of the entity you represent.
• All information you provide is accurate, current, and complete.
• You will keep your login credentials secure and notify us immediately of any unauthorized use.

You are responsible for all activity occurring under your account.

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3. Subscription, Billing, and Payment Terms

Cactus is offered on a SaaS (Software as a Service) subscription model. Your subscription will commence upon activation and will continue month-to-month or year-to-year, depending on your selected plan.

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3.1 Fees Subscription fees are published on trycactus.com and may vary based on usage tiers, feature access, or custom agreements. Fees are exclusive of applicable taxes and will be billed at the start of each billing cycle.

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3.2 Payment Method You authorize Cactus to charge the payment method on file for all fees. Payments are non-refundable, including partial months of service or unused features.

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3.3 Cancellation and Renewal Subscriptions auto-renew unless canceled at least 24 hours before the end of the billing cycle. You may cancel at any time via your account settings. Upon cancellation, access continues through the paid period and then terminates.

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3.4 Late Payments Failure to pay may result in suspension or termination of service. We reserve the right to charge interest (1.5% per month or maximum permitted by law) on overdue amounts.

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4. License and Permitted Use

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Platform for your internal business purposes.

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4.1 Restrictions You may not:

• Reproduce, resell, distribute, or sublicense the Platform or any portion of it.
• Use the Platform to process third-party data without authorization.
• Reverse-engineer, decompile, disassemble, or otherwise attempt to extract source code.
• Use the Platform for competitive analysis, benchmarking, or to build a similar product.

5. User Content and Document Uploads

Users may upload content, including rent rolls, T-12s, and other CRE financial documentation ("User Content").

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5.1 License to Cactus You retain ownership of your User Content. However, you grant Cactus a non-exclusive, royalty-free, worldwide license to use, process, analyze, and store the content to provide and improve the Platform.

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5.2 Data Confidentiality We maintain the confidentiality of uploaded documents and outputs unless explicitly shared by the user. Refer to our Privacy Policy for more details.

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5.3 Data Retention We may retain anonymized, aggregated usage and performance data for internal product development and benchmarking.

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6. Intellectual Property Rights

All content, trademarks, service marks, trade names, logos, source code, and software infrastructure associated with Cactus are the intellectual property of Cactus Real Estate Software, Inc. or its licensors.

You may not use, copy, reproduce, modify, or distribute our IP without prior written consent.

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7. Platform Availability and Performance

We aim to provide 99.9% uptime and continuous availability of the Platform but do not guarantee uninterrupted or error-free operation. Scheduled maintenance, updates, or system failures may result in temporary outages.

We reserve the right to modify, suspend, or discontinue any part of the Platform at any time with or without notice.

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8. Data Security and Privacy

We use industry-standard encryption and secure cloud infrastructure to protect your data. However, no platform is 100% immune from cybersecurity threats.

We are not liable for unauthorized access due to your negligence, including insecure passwords or shared credentials.

Our use of personal data is governed by our Privacy Policy.

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9. Disclaimers

Cactus is a decision-support tool. All analyses, projections, or valuations produced are for informational purposes only. We do not provide investment, legal, tax, or financial advice.

Outputs may be influenced by data quality, market assumptions, and AI limitations. You are solely responsible for verifying and interpreting results before making investment decisions.

We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

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10. Limitation of Liability

To the fullest extent permitted by law, Cactus Real Estate Software, Inc. shall not be liable for:

• Indirect, incidental, consequential, or punitive damages.
• Loss of profits, revenues, business opportunities, or data.
• Errors or omissions in outputs, even if we were advised of the possibility of such damages.

Our total liability for any claim arising from or related to the Platform shall not exceed the amount you paid us in the three (3) months preceding the claim.

11. Termination

We reserve the right to suspend or terminate your account for violations of these Terms or applicable laws, with or without notice.

Upon termination:

• Your license to use the Platform ceases.
• We may delete your data unless otherwise required by law.

12. Modifications to Terms

We may revise these Terms periodically. Continued use of the Platform after changes become effective constitutes acceptance of the updated Terms.

You are responsible for reviewing these Terms regularly.

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13. Export Controls and Compliance

You agree to comply with all applicable export laws and regulations. You may not use the Platform in violation of U.S. export laws or for the benefit of any restricted entities or countries.

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14. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Delaware, without regard to its conflict of law rules.

All disputes shall be resolved exclusively in the state or federal courts located in Delaware. You waive any objections to such venue.

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15. General Provisions

• These Terms constitute the entire agreement between you and Cactus regarding the Platform.
• Failure to enforce any right does not constitute a waiver.
• If any provision is deemed invalid, the remaining Terms will remain in full force and effect.
• You may not assign your rights under these Terms without our prior written consent.

16. Contact Information

For legal inquiries, billing issues, or support, contact: Email: support@trycactus.com
Website: https://trycactus.com

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