1. Acceptance of Terms
By accessing or using Smart REAI ("the Platform"), you agree to be bound by these Terms of Service. If you do not agree, do not use the Platform.
2. Description of Service
Smart REAI is an AI-powered real estate wholesaling platform that provides deal management, CRM, contract tools, AI analysis, team collaboration, and related services for real estate investors and wholesalers.
3. Account Registration
- You must be at least 18 years old to create an account.
- You are responsible for maintaining the confidentiality of your login credentials.
- You are responsible for all activity under your account.
- You agree to provide accurate and current information.
4. Communications Consent (TCPA)
By creating an account and/or providing your phone number, you expressly consent to receive:
- Transactional emails — account verification, password resets, deal status notifications, team invitations, and security alerts.
- SMS/text messages — deal alerts, reminders, notifications, and service updates to the phone number you provide.
- Marketing emails — platform updates, new features, and tips (you may opt out at any time).
Message and data rates may apply. Message frequency varies. Reply STOP to any SMS to opt out. Reply HELP for assistance. Consent to receive SMS is not a condition of purchasing any goods or services.
These terms comply with the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227.
5. Your Data & Privacy
Your business data belongs to you. Specifically:
- All deals, contacts, contracts, and financial data you enter remain your exclusive property.
- We will never access, view, sell, share, or monetize your proprietary business data.
- Row-level security ensures only you and your authorized team members can access your data.
- You may export or delete your data at any time.
For full details, see our Privacy Policy.
6. Acceptable Use
You agree not to:
- Use the Platform for any illegal purpose or violate any laws
- Attempt to gain unauthorized access to other users' data
- Reverse engineer, decompile, or disassemble any part of the Platform
- Use automated scripts or bots to access the Platform without authorization
- Upload malicious code or interfere with the Platform's operation
7. Subscription & Payment
- Some features may require a paid subscription.
- Subscription fees are billed in advance on a recurring basis.
- You may cancel your subscription at any time through your account settings.
- Refunds are handled on a case-by-case basis.
8. AI-Generated Content Disclaimer
Smart REAI uses artificial intelligence to provide deal analysis, property valuations, comp estimates, and other insights. These are estimates and suggestions only and should not be relied upon as professional appraisals, legal advice, or financial advice. Always conduct your own due diligence and consult qualified professionals.
9. Gator EMD Lender — Funding Terms
Smart REAI provides access to private transactional funding through the "Gator EMD Lender" feature. By submitting a funding request, you agree to the following:
- Gator EMD Funding: The lender fee is 50% of the EMD amount, split equally (25% acquisition agent / 25% founder — Sunny Days Finance LLC). This fee is due upon successful closing.
- Double Close Funding: The lender fee is 1% of the A-B purchase price, split equally (0.5% / 0.5%). The EMD for double closes is strictly non-refundable and applied to the purchase price at closing.
- Mandatory Documentation: You must upload a valid A-B Purchase Contract and provide complete title company contact information (name, phone, email, address) with every funding request.
- Risk Assessment Gate: Requests marked as "Not Very Confident" or "Somewhat Confident" in the risk assessment are automatically rejected. You, the founder, and the lender will be notified with the rejection reason.
- Lender Response Time: The assigned lender has a 3-hour response deadline after receiving an approved request. Smart REAI does not guarantee funding approval or timing.
- Not a Loan: Gator EMD and Double Close funding are private transactional arrangements, not loans, mortgages, or securities. Smart REAI is not a bank, broker-dealer, or licensed lender. You are responsible for consulting your own legal and financial advisors.
- Indemnification: You agree to indemnify and hold harmless Smart REAI, Sunny Days Finance LLC, and the assigned lender from any claims, losses, or damages arising from a deal funded through this feature, including but not limited to failed closings, title defects, or contractual disputes.
10. Limitation of Liability
Smart REAI is provided "as is" without warranties of any kind. We are not liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Platform, including but not limited to losses arising from Gator EMD or Double Close funding transactions. Our total liability shall not exceed the amount you paid us in the 12 months preceding the claim.
11. Termination
We reserve the right to suspend or terminate your account for violation of these Terms. You may delete your account at any time. Upon termination, your data will be deleted within 30 days unless retention is required by law. Pending Gator EMD funding requests will be automatically canceled upon account termination.
12. Changes to Terms
We may update these Terms from time to time. We will notify you of material changes via email or platform notification. Continued use after changes constitutes acceptance.
13. Governing Law
These Terms are governed by the laws of the State of Florida, without regard to conflict of law principles.