OfferSniper Terms of Service

Operated by MIAMIMB LLC, a Florida limited liability company ("OfferSniper," "we," "us"). Last updated: [DATE].

These Terms of Service ("Terms") govern your use of the OfferSniper web application and related services (the "Service"). By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1. What the Service Does

OfferSniper is a software tool for real-estate investors. The Service:

• Scans aggregated public listing data across the state of Florida;
• Computes after-repair-value ("ARV") estimates from comparable sales data;
• Matches listings against the buying criteria ("buy box") you configure;
• Prepares "offer packets" — your own uploaded purchase-contract template, auto-filled with the price and terms you choose, together with your proof-of-funds document and a drafted cover email;
• Lets you connect your own email mailbox so that, after you review a packet, you can send it in one click from your own email account, under your own name;
• Optionally sends a single follow-up email after 3 days, only if you enable that feature;
• Optionally refers you to partner lenders for business-purpose loan pre-approval letters; and
• Logs outcomes (replies, contracts) that you record or that are detected in your connected mailbox, so you can track your pipeline.

OfferSniper is a preparation and workflow tool. Every offer is reviewed, approved, and sent by you. Nothing is sent to a third party without your action, except a follow-up email you have expressly enabled.

2. Eligibility and Accounts

You must be at least 18 years old and able to form a binding contract. You are responsible for the accuracy of your account information, for activity under your account, and for keeping your login (phone-based one-time passcode) secure. One account is for one individual user unless your plan says otherwise.

3. Subscriptions, Billing, and Cancellation

1. Tiers. The Service is offered in paid subscription tiers currently priced between $89 and $249 per month (e.g., [Founder], [Core], and [Metro Exclusive] tiers). Current pricing and tier features are shown at checkout.
2. Founder price lock. If you subscribe at a designated founder price, that price is locked for the life of your continuous subscription: as long as your subscription remains active without lapse, we will not raise your price for the same tier. If your subscription lapses or is canceled and you later re-subscribe, then-current pricing applies.
3. Billing. Subscriptions bill monthly in advance through Stripe, our payment processor. By subscribing you authorize recurring charges to your payment method.
4. Annual prepay. An annual prepaid option may be offered at a discount. Annual plans bill once for twelve months of service.
5. Cancellation. You may cancel at any time from your account settings. Cancellation takes effect at the end of the current billing cycle; you keep access until then. Except as stated in the 30-Day Send Guarantee (Section 4) or as required by law, payments are non-refundable, including unused time on annual plans [annual refund policy to be confirmed with counsel].
6. Price changes. Outside of a founder price lock, we may change prices with at least 30 days' notice; changes apply at your next renewal.

4. 30-Day Send Guarantee

We stand behind the Service with the following guarantee for new subscribers:

1. If, during your first 30 days of paid subscription, the Service does not (a) surface at least [15] listings matching your configured buy box and (b) package at least [10] send-ready offer packets, then upon your request we will refund your first month's subscription fee in full.
2. In addition, your subscription will continue free of charge until both thresholds have been met.
3. To qualify, you must have completed onboarding (a configured buy box covering at least [one metro area], an uploaded contract template, and a connected mailbox) within [7] days of subscribing, and your buy box must be within the ranges the Service supports. Refund requests must be made within [60] days of first subscribing by emailing [support@offersniper-placeholder.com].
4. "Send-ready" means an offer packet prepared for your review with your template filled and email drafted; it does not require that you actually send the offer, and it says nothing about whether any offer will be accepted.

5. Critical Disclaimers — Please Read Carefully

6. Listing Data

1. Listing and property data in the Service is aggregated from public sources and licensed third-party data providers. It is provided AS-IS and may be incomplete, delayed, or inaccurate. Always verify property details independently before relying on them.
2. OfferSniper is not affiliated with, endorsed by, or a participant in any multiple listing service (MLS), and no MLS affiliation is claimed or implied.
3. You may use data in the Service only inside the Service and for your own investing activity. You may not scrape, bulk-export, resell, sublicense, or redistribute data obtained from the Service, or use it to build a competing product or dataset.

7. Email Sending and Your Mailbox

1. All offer emails send from your own email account under your own name, using the mailbox connection you authorize. We are not the sender of your emails.
2. You are responsible for complying with your mailbox provider's terms of service and sending policies. Your provider may throttle, suspend, or restrict your account for sending behavior, and that is outside our control.
3. To protect deliverability, the Service may apply guardrails such as daily sending caps, pacing between sends, and limits on follow-ups. We may adjust these guardrails at any time.
4. The Service is for individually reviewed, transactional business offers — not bulk marketing. Using the Service to send spam, deceptive messages, or messages to recipients you have no lawful basis to contact is prohibited and grounds for immediate termination without refund.

8. Lender Referral Disclosure

If you choose to request a pre-approval letter through a partner lender, OfferSniper may receive a referral fee from that lender for business-purpose loan referrals. Using a partner lender is entirely optional, is never required to use the Service, and does not change your pricing. We do not make loans, broker loans, or guarantee that any lender will approve you. Your relationship with any lender is directly between you and the lender, on the lender's terms. [Counsel to confirm any additional disclosure required under applicable lending/referral laws.]

9. Metro Exclusive Tier

If you purchase a Metro Exclusive seat, "exclusivity" means only this: we will not sell another Metro Exclusive seat for the same metro area while your seat remains active and in good standing. It does not mean you are the only OfferSniper user in that metro — Core, Founder, and other non-exclusive subscribers may operate in any metro. Metro boundaries are as defined in your order at purchase. If your Metro Exclusive subscription lapses, the seat may be resold.

10. Acceptable Use

You agree not to: (a) use the Service for any unlawful purpose; (b) misrepresent your identity or your authority to make an offer; (c) upload content you do not have rights to; (d) attempt to probe, disrupt, or gain unauthorized access to the Service or its data; (e) share your account or resell access; (f) use automated means to access the Service outside its intended interface; or (g) use the Service to harass, defraud, or mislead any person.

11. Your Content and Our IP

You retain ownership of everything you upload — your contract template, proof-of-funds documents, buy box, and offer terms ("Your Content"). You grant us a limited license to host and process Your Content solely to operate the Service for you. We retain all rights in the Service, its software, design, data compilations, and branding. These Terms grant you a limited, non-exclusive, non-transferable right to use the Service during your subscription.

12. Termination

You may stop using the Service and cancel at any time (Section 3). We may suspend or terminate your account for breach of these Terms — including abuse of the sending features, data misuse, or non-payment — with notice where practicable. On termination, your right to use the Service ends; Sections 5, 6.3, and 13–17 survive. You may request export or deletion of Your Content as described in the Privacy Policy.

13. Disclaimer of Warranties

THE SERVICE AND ALL DATA, ESTIMATES, AND OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT DATA OR ESTIMATES WILL BE ACCURATE OR COMPLETE.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) WE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DEALS, LOST DEPOSITS, OR LOST DATA; AND (B) OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE FEES YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. Some jurisdictions do not allow certain limitations; in those jurisdictions these limits apply to the fullest extent permitted.

15. Indemnification

You will defend, indemnify, and hold harmless MIAMIMB LLC and its members, managers, employees, and agents from claims, damages, and expenses (including reasonable attorneys' fees) arising from: (a) offers, contracts, or emails you prepare or send; (b) Your Content; (c) your violation of these Terms or of any law; or (d) your transactions with sellers, agents, lenders, or other third parties.

16. Governing Law and Venue

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-laws rules. Subject to Section 17, the exclusive venue for disputes is the state and federal courts located in [Miami-Dade County], Florida, and both parties consent to personal jurisdiction there.

17. Arbitration [OPTIONAL — attorney to advise whether to include]

[If adopted:] Any dispute arising out of these Terms or the Service will be resolved by binding arbitration in [Miami, Florida] under the rules of the American Arbitration Association, on an individual basis only — no class actions or class arbitrations. Either party may bring qualifying claims in small-claims court instead. [Opt-out window, fee allocation, and carve-outs to be settled with counsel.]

18. Changes to These Terms

We may update these Terms from time to time. For material changes we will give notice (by email or in-app) at least 14 days before they take effect. Continued use of the Service after the effective date constitutes acceptance. If you do not agree to a change, cancel before it takes effect.

19. Contact

MIAMIMB LLC
[Registered address placeholder]
Email: [legal@offersniper-placeholder.com]