Terms of Service

IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT OR YOU DO NOT HAVE AUTHORITY TO BIND THE ENTITY FOR WHICH YOU ARE ENTERING INTO THIS AGREEMENT, DO NOT ACCESS THE SITE OR USE THE SERVICES IN ANY MANNER.

This Terms of Service Agreement (“Agreement”) is entered into between you (either as an individual user or on behalf of the entity for which you are acting) (the “User”), and Proptective.

This Agreement sets forth the terms and conditions under which the User may use the Site and order the Services. By using the Site or ordering a Service, the Users agree to be bound by this Agreement.

Proptective operates the website Proptective.net (the “Site”), which provides real estate-related products, services, and solutions. Proptective is willing to provide the Services and allow Users the right to access and use the Site and/or order the Services on the terms and conditions set forth in this Agreement. In consideration of the promises contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

1. PURPOSE. The Site is intended to offer real estate and similar industry software solutions and facilitate the transmission of real estate due diligence, research, information and reports, which are offered by Proptective (the “Services”). The Site is intended for use within the United States of America. The Agreement applies to the Services whether ordered through the Site or otherwise.

2. REGISTRATION. Users may be required to register to access and use the Site. If the User is registering on behalf of an entity, the User must have authority to bind such entity to the terms of this Agreement. Only the User that registered the account may access the Site utilizing that User’s account information and that User is responsible for all activity on that account, whether such activity occurs with or without that User’s knowledge. If required to access the Site, the User will create a username and password. The User shall select and maintain password strength and security characteristics in accordance with industry standards and any requirements or guidelines implemented from time to time by Proptective, in its discretion. Users must log out of their account after accessing the Services. The User is responsible for maintaining the security and confidentiality of such username and/or password and shall immediately advise Proptective in the event the same is jeopardized or if the User knows of or suspects any breach of security.

3. REPRESENTATIONS. The User represents that:

a. The User is at least eighteen (18) years of age,

b. All information the User provides on the Site and/or when ordering the Services is complete and accurate,

c. The User will use the Site and the Services only in accordance with the above-stated purpose, for a single underlying real estate transaction for which the User is providing closing services,

d. The User will maintain any minimum system requirements which may apply to the use of the Site and security measures to protect User’s registration and access information,

e. Management of the User’s data, including any backup, storage or restoration management is the User’s responsibility,

f. The User will comply with any and all applicable international, federal, and/or state laws, statutes, rules, regulations, and similar authority, and

g. The User has authority to provide any and all information that the User inputs or enters into the Site or otherwise provides to Proptective, whether it be the User’s own information or the information of a third party. The User understands that such information may be transmitted to other third parties in furtherance of the Services contemplated herein or for the collection of data and statistical information in the aggregate.

4. SERVICE FEES AND PAYMENT PROCESSING. User shall pay or cause to be paid any and all fees due to Proptective pursuant to User’s statement of work or as otherwise agreed between Proptective and User. Upon receipt of an invoice or statement from Proptective for the Services, the User shall pay or cause to be paid such invoice or statement within thirty (30) days thereof, unless other billing processes are required through the Site. Unless otherwise agreed in writing, (i)in the event that Proptective pays third party fees or expenses in the furtherance of the Services prior to payment from the User, the User shall reimburse Proptective for the same;(ii)an order for Services may not be cancelled once submitted; (iii) refunds will not be provided once Services have been rendered, and (iii) the User is responsible for providing complete and accurate billing, address, and contact information to Proptective and for keeping such information current. If the User believes a particular charge is incorrect, the User must advise Proptective in writing within thirty (30) days following receipt of such invoice or statement. Unless otherwise specified, the charges owed hereunder shall not include taxes; the User shall be responsible for all sales, use, property, value added, or similar taxes based on the Services, as applicable. All invoice and statement amounts are in US Dollars, and all payments must be made in US Dollars.

In addition to any other rights available to it at law or equity, Proptective reserves the right to terminate or suspend the User’s access to the Service if the User’s account becomes delinquent. User’s account may be considered delinquent in Proptective’s discretion in the event that it has past-due balances for any Services. Delinquent amounts are subject to interest of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection, including Proptective’s attorneys’ fees. Any checks returned for insufficient funds are subject to a reasonable return charge.

5. INTELLECTUAL PROPERTY. Proptective owns any and all right, title and interest in and to all of the intellectual property of Proptective, including but not limited to software, programs, code, API, documentation, databases, development tools, know-how, methodologies, processes, data, media (including but not limited to any and all photographs and images contained therein), information, designs and aesthetic layouts, content and technologies, and all present and future worldwide copyrights, trademarks, trade secrets, patents, patent applications, moral rights, contract rights, and other proprietary rights thereof, and improvements or modifications to any of the foregoing items, related to the Site and the Services (the “Intellectual Property”).

Proptective grants no rights to any User or any other individual or entity in the Intellectual Property, and grant Users only the limited, non-exclusive, revocable license to use the Site and the Services pursuant to the terms contained herein. Proptective reserves all rights not expressly granted in this Agreement. No User is permitted to reverse engineer, disassemble, reproduce, copy, duplicate, sell, resell, reformat, rebrand, partition, bundle, repackage, distribute, “white-label,” create derivative works based on, or otherwise manipulate, translate, or use the Intellectual Property or any other information contained on the Site or any of the Services.

In the event that the User requests or suggests any modification, adaption, change, alteration, enhancement or improvement to the Site or the Services (each, a “Change”), the User agrees that Proptective has no obligation to make such Change. However, if Proptective elects to make a Change, the same shall be and remain the sole property of Proptective and subject to the terms of this Agreement.

This Agreement is non-exclusive to Proptective and nothing in this Agreement shall preclude Proptective from marketing, selling, licensing or maintaining the Services for the benefit of any other users or parties.

6. THIRD PARTY ACCESS. Proptective may provide any and all information furnished by Users to third parties and other vendors, which may or may not be affiliated with Proptective, in furtherance of processing the Services or providing functionality for the Site. Proptective may provide links to websites or services of third parties; such provision does not constitute an endorsement of such third party sites and the User is responsible for compliance with such third party’s terms or conditions of use or similar agreements, if any.

7. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY. THE SITE AND THE SERVICES ARE PROVIDED ON AN AS-IS, AS-AVAILABLE BASIS. PROPTECTIVE MAKES NO REPRESENTATIONS REGARDING, AND HEREBY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SITE AND THE SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CONTINUITY, PERFORMANCE, QUALITY, COMPLETENESS OR ACCURACY, OR THOSE WHICH MAY ARISE BY COURSE OF DEALING OR COURSE OF TRADE. PROPTECTIVE MAKES NO REPRESENTATION AS TO THE LEGALITY, ADEQUACY, SUFFICIENCY, SUITABILITY OR APPROPRIATENESS OF USE OF THE SERVICES IN ANY PARTICULAR INDUSTRY, FOR ANY PARTICULAR PURPOSE, OR IN ANY GEOGRAPHIC AREA.

PROPTECTIVE SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS PROFITS OR LOSS OF INFORMATION, OR ANY OTHER DAMAGES, CLAIMS, LOSSES, LIABILITY, EXPENSES OR COSTS ARISING FROM OR RELATED TO ANY PARTY’S USE OF OR RELIANCE ON THE SITE, THIS AGREEMENT, OR THE SERVICES, OR ANY ERROR, OMISSION OR FAULT RELATED TO THE SAME, OR THE ACTIONS, ERRORS, OMISSIONS OR NEGLIGENCE OF ANY VENDOR OR THIRD PARTIES USED OR REFERRED BY PROPTECTIVE IN FURTHERANCE OF

PROVIDING THE SERVICES CONTEMPLATED HEREIN, INCLUDING BUT NOT LIMITED TO MUNICIPALITIES AND GOVERNMENT DEPARTMENTS, HOMEOWNERS/ CONDOMINIUM ASSOCIATIONS AND SIMILAR ASSOCIATIONS, PUBLIC AND PRIVATE DATA AND RECORD PROVIDERS, SURVEYORS, SERVICE CONTRACTORS, SOFTWARE INTEGRATION PROVIDERS, AND PAYMENT PROCESSING (INCLUDING CREDIT CARD) VENDORS. SPECIFICALLY, USER AUTHORIZES AND ACKNOWLEDGES THAT PROPTECTIVE WILL OBTAIN CERTAIN INFORMATION VERBALLY OR VIA ONLINE DATA FROM MUNICIPALITIES OR COUNTIES THAT IS NOT GUARANTEED NOR REPRESENTED AS THE MOST ACCURATE METHOD OF INFORMATION PROCUREMENT AND PROPTECTIVE IS NOT LIABLE OR RESPONSIBLE FOR ANY INACCURACIES OR OMISSIONS ARISING THEREFROM. THE FOREGOING APPLIES REGARDLESS OF WHETHER PROPTECTIVE HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGES OR LOSS AND REGARDLESS OF THE FORM OF ACTION.

SUMMARY PAGES PROVIDED IN CONJUNCTION WITH ANY PRODUCT OR SERVICE ARE NOT INTENDED TO BE RELIED UPON IN LIEU OF REVIEW OF THE ENTIRE RELATED REPORT OR DOCUMENTATION PROVIDED THEREWITH. INFORMATION, INCLUDING FEES, PROVIDED IN ANY PRODUCT OR SERVICE ARE ONLY VALID AS OF THE DATE SUCH INFORMATION WAS RECEIVED. USER IS RESPONSIBLE FOR DIRECTLY VERIFYING FINAL AMOUNTS AND FEES DUE AT THE TIME OF PAYMENT, INCLUDING BUT NOT LIMITED TO PAYMENTS DUE TO ANY GOVERNMENT OR MUNICIPAL DEPARTMENT, ASSOCIATION, OR LENDER.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE MAXIMUM LIABILITY OF PROPTECTIVE WITH RESPECT TO ANY OF ITS SERVICES IS LIMITED TO DIRECT MONETARY DAMAGES NOT TO EXCEED THE AMOUNT PAID FOR SUCH SERVICE, OR IN THE EVENT OF ANY CLAIM NOT RELATED TO A SERVICE, THEN TO THE AMOUNT OF FIVE HUNDRED DOLLARS ($500.00). ANY AND ALL CLAIMS SOUGHT AGAINST PROPTECTIVE INVOLVING, ARISING FROM, OR RELATED TO THE SITE OR THE SERVICES MUST BE BASED SOLELY IN CONTRACT.

TO THE EXTENT THAT THE APPLICABLE JURISDICTION DOES NOT PERMIT THE LIMITATION OF LIABILITY SET FORTH HEREIN, PROPTECTIVE’S LIABILITY SHALL BE LIMITED TO THE MAXIMUM AMOUNT PERMITTED BY LAW IN SUCH JURISDICTION.

USER ACKNOWLEDGES THAT PROPTECTIVE WOULD NOT HAVE ENTERED INTO THIS AGREEMENT BUT FOR THE LIMITATIONS CONTAINED IN THIS SECTION.

8. INDEMNIFICATION. The User agrees to defend, indemnify and hold harmless Proptective (including its officers, directors, members, managers, representatives, employees, agents, affiliates, subsidiaries, successors and assigns) from and against all third party liabilities, damages, claims, losses and expenses, including attorneys’ fees and expenses, related to or arising from the User’s use of the Site or Services or violation of this Agreement.

9. MODIFICATION. Proptective reserves the right to make changes to, suspend, or terminate the Site in whole or in part at any time. Proptective may make changes to this Agreement at any time, effective immediately upon being posted to the Site. By continuing to use the Site or order the Services after

any changes to this Agreement, the User accepts and agrees to such changes. Users have no authority to make any change or modification to this Agreement and any terms varying from this Agreement in any written or electronic communication from the User are void. Should any modification or update to this Agreement be deemed ineffective or invalid for any reason, then the prior version of this Agreement will remain valid and in effect.

10. TERMINATION. Proptective may, in its sole discretion (and in addition to any other remedies that may be available), suspend or terminate any User’s account or access to the Site or Services. Upon such suspension or termination, User’s access to the Site and use of the Services will automatically and immediately cease. In the event of suspension or termination of User’s account or access to the Site or Services, at the request of the User within thirty (30) days following such termination or suspension, Proptective shall use commercially reasonable efforts to transition any of User’s stored files, contents, data, and information to User and may thereafter, in the sole discretion of Proptective, delete User’s account (including any stored files, contents, data, and information). Notwithstanding such suspension or termination, the terms of this Agreement shall continue to govern with respect to the Site and the Services and any provision of this Agreement which, by its nature is reasonably intended to survive beyond the termination of this Agreement shall so survive.

11. NO RELATIONSHIP. The User and Proptective are independent parties. This Agreement does not create an agency, representative, broker, employee, partner, joint venture, franchise, or any other similar relationship between the parties.

12. SEVERABILITY. All of the terms and provisions contained in this Agreement are severable and, in the event that any portion or provision of this Agreement shall to any extent be deemed unenforceable or invalid by a court of competent jurisdiction, then the remainder of this Agreement, or the application of such portion or provision in circumstances other than those as to which it is so declared unenforceable or invalid, shall not be affected thereby, and each portion and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.

13. CHOICE OF LAW. This Agreement shall be governed, construed and interpreted by and in accordance with the laws of Florida, without reference to its principles of conflicts of laws. Any actions concerning enforcement of this Agreement or in any way relating to the subject matter of this Agreement shall be litigated only in Sarasota County, Florida or the United States District Court for the Middle District of Florida, as applicable. The User expressly agrees to submit to such jurisdiction and venue for the purposes of this Agreement.

14. ATTORNEY’S FEES. Should either party to this Agreement seek to resolve a dispute under this Agreement by litigation, arbitration or other alternative dispute procedures, the prevailing party shall be entitled to recover all expenses, including, without limitation, reasonable attorneys’ fees and expenses, including appellate fees and expenses, incurred with enforcing such party’s rights under this Agreement.

15. ASSIGNMENT. Proptective may assign its rights under this Agreement without the consent of or prior notice to the User. User may not transfer or assign any rights granted hereunder without the

prior written consent of Proptective. For purposes of this Agreement, a sale of a controlling interest in User’s equity securities or other change in control transaction shall be deemed and assignment hereunder.

16. NO THIRD PARTY BENEFICIARIES. No other person or party shall be a beneficiary hereof or have any rights hereunder, and no rights are conferred by this Agreement upon any other person or party.

17. WAIVER. Proptective’s waiver or failure to exercise or enforce any right or provision of this Agreement, or any course of performance or dealing, will not be deemed a future waiver of such right or provision.

18. FORCE MAJEURE. Proptective shall be excused from delay or failure to perform hereunder in the event such delay or obstruction of performance is caused by an Act of God, war, riot, fire, natural disaster, terrorism, governmental laws or regulations, epidemic or pandemic, or other cause beyond the reasonable control of Proptective.

19. CONSTRUCTION. The language in this Agreement shall be construed as to its fair meaning and not strictly for or against either party.

20. SECTION HEADINGS. Section headings contained in this Agreement are for convenience only and shall in no manner be construed as part of this Agreement.

21. ENTIRE AGREEMENT. This Agreement constitutes the entire and exclusive agreement between the parties hereto with respect to the provision of the Site and the Services and the User’s use thereof. Notwithstanding the foregoing, if User has entered into a separate, signed agreement with Proptective which contains terms that specifically and expressly conflict with those contained herein, the terms of such other agreement shall control. In the event of any conflict between this Agreement and any statements on the Site or any sales, marketing or advertising materials or representations, such statements, materials, or representations shall not bind Proptective and the terms of this Agreement shall govern.

22. COMMUNICATIONS. All notices or inquiries regarding this Agreement may be directed to support@proptective.net.

END OF TERMS OF SERVICE AGREEMENT

Posted: August 22, 2025