ATERX TRACKER

a product of Aterrex Software LLC

Terms of Use

Effective Date: [MM/DD/2026]
Version: 1.0

These Terms of Use (the “Terms”) are a binding agreement between you and Aterrex Software LLC, a Texas limited liability company (“Aterrex,” “we,” “us,” or “our”). They govern your access to and use of the ATERX TRACKER web-based platform, related contractor mobile application, websites, portals, reports, software, documentation, and related services (collectively, the “Service”).

PLEASE READ THESE TERMS CAREFULLY. By clicking an acceptance box, creating an account, accessing or using the Service, or allowing an Authorized User to access or use the Service, you agree to these Terms. If you use the Service on behalf of a business or other organization, you represent and warrant that you have authority to bind that organization, and “Customer,” “you,” and “your” refer to that organization. If you use the Service in your individual capacity as a real-estate investor or property manager who is not acting on behalf of a separate organization, “Customer,” “you,” and “your” refer to you individually.

If you do not agree to these Terms, do not access or use the Service.

1. Who We Are and Scope of Service

Aterrex Software LLC (“Aterrex”) operates the ATERX TRACKER platform (the “Service”) from 5604 Big River Dr., The Colony, Texas 75056. The Service is a subscription-based workspace and data-management platform designed for real-estate investors, property-management businesses, and their authorized personnel to organize property, operational, project, and financial records.

The Service may permit a Customer to create a separate and logically isolated workspace and to invite or authorize staff users and portal users, including contractors, real-estate agents, renters or tenants, and investors. The Service may also include the ATERX TRACKER Mobile App, which is intended principally for contractor-related photo uploads, communications, and other functions made available by Aterrex.

The Service is an administrative software tool only. It is not a real-estate brokerage, property-management company, escrow service, title company, bank, payment processor, accounting firm, tax adviser, legal adviser, insurer, credit-reporting agency, or fiduciary.

2. Definitions

For purposes of these Terms:

“Account Administrator” means the person designated by Customer to administer Customer’s workspace, including billing, user access, and permissions.

“Authorized User” means an individual whom Customer authorizes to access the Service under Customer’s account, including Customer’s personnel and approved portal users.

“Customer Data” means data, content, records, files, photos, documents, links, credentials, information, and materials submitted to, uploaded to, generated in, or otherwise made available through the Service by or for Customer or its Authorized Users. Customer Data includes personal information entered by Customer concerning third parties.

“Documentation” means the online user guides, technical materials, and instructions Aterrex makes available for the Service.

“Portal User” means an Authorized User who is assigned a restricted contractor, agent, renter, or investor portal role.

“Restricted Data” means Social Security numbers, driver’s-license numbers, passport numbers, full payment-card numbers, protected health information, biometric information, or other highly sensitive personal information. Restricted Data does not include the contractor banking and wire-transfer information described in Section 7, which the Service is built to accept and store for contractor-payment purposes.

“Subscription Term” means the recurring monthly or annual period for which Customer has purchased access to a Service plan.

3. Eligibility; Business Use; Authority

The Service is intended for business and professional use. You must be at least eighteen (18) years old and capable of forming a binding contract to create an account or accept these Terms on behalf of Customer.

You may not permit a minor to use the Service. Customer is responsible for ensuring that each Authorized User meets this requirement and uses the Service only as permitted by these Terms.

Customer represents and warrants that: (a) it has all rights, notices, permissions, consents, and lawful bases necessary to provide Customer Data to Aterrex and to authorize Aterrex to process Customer Data as contemplated by these Terms and the Privacy Policy; (b) its Authorized Users are properly authorized; and (c) its use of the Service complies with all applicable law, contracts, and regulatory requirements.

4. Account Registration and Security

4.1 Account Information

Customer and each Authorized User must provide accurate, current, and complete registration and account information and promptly update that information when it changes. Customer is responsible for maintaining an accurate Account Administrator email address capable of receiving billing, legal, security, and deletion notices.

4.2 Credentials and Authentication

Customer is responsible for safeguarding all login credentials, devices, access codes, and account access associated with its workspace. Customer must not share credentials or allow unauthorized persons to use an Account.

The Service requires multi-factor authentication for every Authorized User account capable of signing in. The current second-factor method is an email-delivered code. Because a functional email address is necessary for this process, Customer must ensure that every Authorized User has and maintains a working email address. Aterrex may change authentication procedures or security requirements at any time when reasonably necessary to protect the Service, Customer Data, users, or Aterrex.

4.3 Responsibility for Users

Customer is responsible for all acts and omissions of its Authorized Users and anyone who accesses the Service through Customer’s accounts or credentials, whether or not Customer authorized that access. Customer must promptly disable access for any person who no longer requires access or whose access may be unauthorized.

4.4 Notice of Security Incident

Customer must promptly notify Aterrex at skyler@aterrexsoftware.com if Customer knows or reasonably suspects that an account, credential, workspace, or Customer Data has been compromised, misused, accessed without authorization, or otherwise subjected to a security incident.

5. Customer Administration and Portal Users

5.1 Customer Controls Its Workspace

Customer controls its workspace and decides which Authorized Users may be invited, assigned roles, granted permissions, or removed. Customer is solely responsible for selecting appropriate roles and permissions and for reviewing activity within its workspace.

Roles, permissions, and available functionality may vary by subscription plan and may be changed, limited, or removed by Aterrex from time to time. The Service may enforce certain role restrictions even where Customer grants other permissions. For example, some payment-related functions may be available only to designated roles, and some users may be unable to access certain sensitive credentials or settings.

5.2 Portal Users Are Customer’s Responsibility

Customer may provide access to contractors, real-estate agents, renters or tenants, investors, and other third parties through restricted portals. Customer is solely responsible for:

Determining whether to invite, authorize, suspend, or remove each Portal User.

Providing legally required notices and obtaining all necessary permissions, consents, authorizations, and releases from Portal Users.

Ensuring that the information Customer enters or makes available concerning Portal Users is accurate, lawful, relevant, and appropriately protected.

Explaining to Portal Users the scope of access Customer grants to them.

Notifying Portal Users of Customer’s cancellation, suspension, termination, data-export period, and anticipated deletion of Customer Data. Aterrex may separately display a general notice regarding subscription and retention status within the applicable portal, but that notice does not relieve Customer of the responsibility described in this bullet.

Responding to requests, disputes, claims, or legal obligations relating to Customer’s relationship with a Portal User.

Aterrex does not employ, supervise, manage, represent, vet, endorse, insure, or guarantee any Customer, Authorized User, contractor, agent, renter, investor, or other third party. Aterrex is not a party to any lease, construction contract, listing agreement, purchase agreement, investor arrangement, employment relationship, payment arrangement, or other transaction between Customer and any third party.

5.3 Limited Portal Access

Portal Users may access only the records, properties, functions, and information assigned to them by Customer and made available through the applicable portal. Customer acknowledges that a Portal User’s access rights arise from Customer’s decisions and not from any separate agreement between Aterrex and that Portal User, except to the extent the Portal User separately accepts terms presented by Aterrex.

6. License and Permitted Use

Subject to Customer’s timely payment of applicable fees and compliance with these Terms, Aterrex grants Customer a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Service during the Subscription Term. Customer may use the Service solely for its internal lawful business purposes, in accordance with the Documentation, applicable plan limits, and these Terms.

Customer may allow only its Authorized Users to use the Service. Customer may not sell, resell, rent, lease, sublicense, distribute, transfer, or make the Service available to any person except as expressly permitted by these Terms.

No ownership interest in the Service, Aterrex materials, or Aterrex intellectual property is transferred to Customer or any Authorized User.

7. Acceptable Use Restrictions

Customer and its Authorized Users must not, and must not permit any third party to:

Use the Service for unlawful, fraudulent, deceptive, defamatory, harassing, infringing, discriminatory, or harmful activity.

Upload, transmit, store, process, or make available Customer Data unless Customer has the right to do so and has provided all required notices and obtained all required permissions or consents.

Upload or store Restricted Data unless Aterrex expressly agrees in a signed written agreement to support that category of data. This restriction does not apply to contractor banking and wire-transfer information that a Portal User submits through the Service’s contractor-payment-information feature, which Aterrex is built to accept and store for that purpose, as described in the Privacy Policy.

Use the Service to conduct tenant screening, consumer reporting, background checks, credit decisions, employment decisions, insurance decisions, or any other activity regulated by the Fair Credit Reporting Act or similar law, unless Aterrex expressly agrees in a signed writing.

Use the Service to collect rent, process payments, hold funds, transmit funds, or provide money-transmission, escrow, payment-processing, or banking services. Any payment links, payment notes, banking or wire-transfer details, or payment records made available through the Service are for Customer’s or the relevant Portal User’s administrative tracking and convenience only.

Circumvent or attempt to circumvent plan limits, access controls, authentication requirements, rate limits, security features, or technical restrictions.

Probe, scan, test, or attempt to discover vulnerabilities in the Service, except as expressly authorized in writing by Aterrex.

Copy, modify, adapt, translate, reproduce, frame, mirror, scrape, crawl, harvest, index, extract, or create derivative works from the Service, except as expressly permitted by law or in writing by Aterrex.

Reverse engineer, decompile, disassemble, decode, or attempt to discover the source code, algorithms, data structures, underlying ideas, or trade secrets of the Service, except to the limited extent such restriction is prohibited by applicable law.

Use automated means, bots, agents, scripts, or artificial-intelligence systems to access the Service except for ordinary assistive technologies or other use expressly authorized by Aterrex in writing. This restriction does not prohibit an Authorized User from using general-purpose AI tools to assist with that Authorized User’s own work, provided the tool does not obtain unauthorized access to the Service, circumvent restrictions, scrape data, or expose Customer Data contrary to law or these Terms.

Interfere with, disrupt, overload, or degrade the Service or any network, system, or account supporting the Service.

Use the Service to build, train, market, offer, operate, or assist a competing product or service, or to replicate the Service’s functionality, workflows, interface, or features.

Remove, alter, or obscure proprietary notices, trademarks, or copyright notices.

Introduce malware, ransomware, viruses, worms, Trojan horses, or other harmful code.

Aterrex may investigate suspected violations and may suspend or terminate access as permitted in these Terms and as necessary to protect the Service, Customer Data, other customers, or Aterrex.

8. Customer Data; Privacy; Instructions

8.1 Customer Retains Its Rights in Customer Data

As between Aterrex and Customer, Customer retains all rights, title, and interest in and to Customer Data. Customer grants Aterrex a worldwide, non-exclusive, royalty-free right to host, store, reproduce, transmit, display, modify, process, and otherwise use Customer Data only as necessary to provide, secure, support, improve, and administer the Service; prevent fraud, abuse, or security incidents; comply with law; and enforce these Terms.

8.2 Customer Is Responsible for Customer Data

Customer is solely responsible for Customer Data, including its accuracy, quality, integrity, legality, reliability, appropriateness, and the means by which Customer acquired it. Customer acknowledges that Customer Data may include personal information about people who are not Customer, including contractors, agents, renters, investors, employees, and other persons. Customer is responsible for providing legally required privacy notices and obtaining any required consents or other authorizations for Customer’s collection, use, disclosure, and submission of that data to the Service.

Customer must not instruct Aterrex to process Customer Data in a manner that violates applicable law. Aterrex has no obligation to review Customer Data for accuracy, legality, completeness, or regulatory compliance.

8.3 Privacy Policy

Aterrex’s collection and use of personal information is described in Aterrex’s Privacy Policy, which is incorporated into these Terms by reference. Capitalized terms used but not defined in the Privacy Policy have the meanings given in these Terms. The Privacy Policy may be updated from time to time as described in that policy.

8.4 Operational Access

Aterrex personnel and service providers may access Customer Data when reasonably necessary to operate, maintain, secure, troubleshoot, support, investigate, or improve the Service; comply with law; or enforce these Terms. Such access may include technical read access to Customer workspace records. Aterrex does not promise that Customer Data is end-to-end encrypted or inaccessible to Aterrex.

Where the Service provides an administrative support-view function, Aterrex personnel access Customer workspaces in read-only mode and such access is logged. Nothing in this Section limits Aterrex’s right to take other reasonable actions necessary to address security incidents, technical failures, legal obligations, abuse, or violations of these Terms.

8.5 De-Identified and Aggregated Data

Aterrex may create and use aggregated, anonymized, or de-identified information derived from the operation of the Service, provided that the resulting information does not reasonably identify Customer, an Authorized User, or another individual. Aterrex may use that information for lawful analytics, security, service improvement, and business purposes.

9. AI-Assisted Features

The Service may offer optional tools that use artificial intelligence or machine-learning technologies to extract information from documents, summarize content, generate tasks, or assist with administrative workflows (collectively, “AI Features”). AI Features may send the relevant document, text, instruction, or other input to a third-party service provider for processing.

Customer chooses whether to use AI Features and is responsible for determining whether the submission of any data to an AI Feature is appropriate, lawful, and authorized. Customer must not submit confidential, sensitive, personal, proprietary, or regulated information through an AI Feature unless Customer has assessed the risks and has all necessary rights, notices, and consents.

AI-generated output may be inaccurate, incomplete, misleading, outdated, or unsuitable for Customer’s purpose. Customer must independently review, verify, and exercise professional judgment regarding all AI-generated output before relying on it, sharing it, acting on it, or using it in a transaction, payment, legal filing, tax matter, regulatory matter, property decision, or other consequential decision.

AI Features do not provide legal, tax, accounting, financial, insurance, appraisal, brokerage, property-management, or other professional advice. Aterrex does not guarantee the accuracy, reliability, completeness, availability, or fitness of AI-generated output.

10. Third-Party Services and Links

The Service may contain links to, facilitate access to, or interoperate with third-party websites, applications, content, products, and services, including payment services, map and geocoding services, property-data providers, cloud-storage services, and payment links selected by Customer (“Third-Party Services”).

Third-Party Services are governed by their own terms, privacy policies, fees, and practices. Aterrex does not control and is not responsible for any Third-Party Service, including its availability, security, content, data practices, legality, accuracy, terms, transactions, or performance. Customer’s use of Third-Party Services is at Customer’s sole risk.

Without limiting the foregoing:

Subscription checkout and payment processing are provided through Stripe-hosted pages. Aterrex does not receive or store Customer’s payment-card data through the Service.

Customer may choose to use its own third-party payment links for rent, contractor, or other payments. Aterrex does not collect, transmit, process, settle, or hold those payments.

Customer may enter a link to a customer-controlled cloud-storage share, such as a Proton Drive share. Customer is responsible for the underlying third-party account, the materials in that account, permissions, and all rights concerning those materials. If Customer stores a share password in the Service, Customer acknowledges that the password is a credential; Aterrex encrypts stored share passwords and restricts access to them to a limited set of administrative roles, as described in the Privacy Policy.

Certain optional Service features may transmit an address or search term to a mapping, geocoding, contractor-search, agent-search, valuation, or other third-party provider.

11. Plans, Fees, Billing, and Taxes

11.1 Subscription Plans

The Service is offered under plans and limits displayed at checkout, in an order form, or otherwise agreed in writing. Current published plans may include Basic, Pro, and Enterprise plans, with varying limits for properties, users, storage, photos, reports, searches, and portal access. Aterrex may offer different plans, promotional pricing, trials, custom limits, or negotiated enterprise arrangements.

Customer must comply with the limits applicable to its plan. If Customer exceeds an applicable limit, Aterrex may require Customer to upgrade, charge applicable overage or custom-plan fees where disclosed or agreed, limit the ability to add new data or users, or suspend affected functionality until Customer returns to compliance.

A downgrade generally does not delete existing Customer Data; however, Customer may be unable to add properties, users, files, or other items beyond the limits of the lower plan.

11.2 Recurring Charges and Auto-Renewal

Subscriptions renew automatically at the end of each Subscription Term unless Customer cancels before the applicable renewal date through the available billing portal or another cancellation method Aterrex makes available. Customer authorizes Stripe and/or Aterrex’s designated payment processor to charge the applicable recurring subscription fee, taxes, and other authorized charges to Customer’s selected payment method for each renewal term.

Monthly subscriptions are billed monthly. Annual subscriptions are billed in advance for the full annual term. The price, billing frequency, and material plan terms presented at checkout or in a signed order form control for Customer’s subscription.

Aterrex will provide required auto-renewal disclosures and cancellation mechanisms as required by applicable law. Customer is responsible for maintaining a valid payment method and current billing information.

11.3 Price Changes

Aterrex may change fees for a future renewal term by providing advance notice as required by applicable law. Unless otherwise stated, a fee change takes effect at the start of Customer’s next renewal term after the notice period. Customer may cancel before the renewal date if Customer does not agree to the revised fees.

11.4 No Refunds; No Proration

Except where required by applicable law or expressly stated in a written refund policy or signed order form, all fees are nonrefundable. If Customer cancels an annual subscription before the end of its paid annual term, Customer will continue to have access through the end of that paid term, but Aterrex will not issue a prorated refund or credit for unused time.

11.5 Taxes

Fees exclude all sales, use, value-added, withholding, and other taxes, levies, duties, or similar governmental assessments, except taxes based on Aterrex’s net income. Customer is responsible for all applicable taxes associated with its purchase or use of the Service.

12. Cancellation, Suspension, and Termination

12.1 Customer Cancellation

Customer may cancel its subscription at any time through the billing portal or other self-service cancellation mechanism Aterrex makes available. Cancellation becomes effective at the end of the then-current paid Subscription Term. Customer remains responsible for all charges incurred through the end of that term.

12.2 Suspension and Termination by Aterrex

Aterrex may suspend, restrict, or terminate Customer’s or any Authorized User’s access to the Service immediately, with or without prior notice to the extent permitted by law, if Aterrex reasonably believes that:

Customer or an Authorized User violated these Terms or applicable law.

Continued use presents a security, fraud, legal, operational, reputational, or financial risk to Aterrex, the Service, Customer, another customer, or a third party.

A payment is overdue, declined, reversed, or subject to a chargeback.

Aterrex must do so to comply with law, a government request, a court order, or a third-party provider requirement.

Customer’s use materially impairs the Service or infringes or misappropriates another person’s rights.

Where reasonably practicable, Aterrex will provide notice and an opportunity to cure. Aterrex is not obligated to provide notice where doing so could create or increase a security, legal, fraud, or operational risk.

12.3 Effect of Expiration or Termination

Upon expiration, cancellation, or termination of a subscription, active use of the Service ends. Customer’s access may convert to read-only access as described in Section 13, subject to these Terms and any suspension needed for security, legal, or operational reasons.

Termination does not excuse Customer from paying amounts owed before the termination date. Sections that by their nature should survive termination survive, including Sections 4.3, 5.2, 7, 8, 9, 10, 11.4, 13.1 through 13.4, 14 through 22, and any accrued payment obligations.

13. Customer Data After Subscription Ends

13.1 Read-Only Retention Period

When Customer’s subscription ends because Customer cancels, fails to pay, a trial expires, or the subscription otherwise ends, Customer’s workspace is intended to remain available in read-only mode for ninety (90) days after the final day of the paid Subscription Term (the “Retention Period”), unless Aterrex suspends or restricts access for a security, legal, fraud, abuse, or operational reason.

During the Retention Period, Customer may generally sign in, view Customer Data, print records, run available reports, and export Customer Data. Customer may not create, edit, or delete records while the workspace is in read-only mode. If Customer renews during the Retention Period and Aterrex accepts the renewal, Aterrex may restore active access without rebuilding the workspace.

Portal Users may lose active access on the same schedule as Customer. Customer, not Aterrex, is responsible for notifying Portal Users and other affected third parties of Customer’s cancellation, read-only period, access changes, and planned deletion of Customer Data.

13.2 Courtesy Final Report and Export

At the start of the Retention Period, Aterrex will generate and send the Account Administrator a summary report and a data-export link, and will also make the export available within the Service during the Retention Period.

Any final report, export, spreadsheet, summary, valuation, calculation, or other record is provided as a courtesy and reflects information entered into or generated by the Service. It is not an audited, certified, complete, accounting-grade, legal, tax, regulatory, appraisal, title, or financial statement. Customer is solely responsible for reviewing, retaining, reconciling, and using exported data.

Aterrex does not guarantee that an export will be compatible with every third-party system, preserve every file format or metadata field, or be available after the Retention Period. Customer should export and retain all Customer Data that Customer wishes to preserve before the Retention Period ends.

13.3 Deletion at End of Retention Period

Aterrex will send the Account Administrator courtesy deletion-warning notices at approximately day 60 and again at approximately day 83 of the Retention Period, in addition to the report described in Section 13.2. At the end of the ninety (90) day Retention Period, Aterrex will permanently delete Customer Data from the active Service environment, including workspace records, properties, financial ledgers, tasks, time entries, invoices, reports, uploaded photographs, documents, contractor and renter submissions, portfolio records, and associated user accounts. Once deleted from the active Service environment, Customer Data may not be recoverable.

13.4 Backups and Legal Retention

Deletion from the active Service environment does not necessarily result in immediate removal from encrypted backup systems, logs, archives, or records retained for disaster recovery, security, fraud prevention, dispute resolution, legal compliance, or other legitimate operational purposes. Backups are retained on a rolling basis and may persist until overwritten or otherwise aged out under Aterrex’s backup practices.

Aterrex may retain Customer Data as required by law, court order, subpoena, legal hold, or other lawful process. Aterrex may also delay deletion when reasonably necessary to investigate, preserve evidence of, respond to, or mitigate a security incident, fraud, abuse, or violation of these Terms.

14. Ownership; Intellectual Property; Feedback; Copyright Complaints

14.1 Ownership

The Service, Documentation, software, interface, design, workflows, compilations, databases, trademarks, trade names, logos, content created by Aterrex, and all related intellectual property rights are owned by Aterrex or its licensors and are protected by intellectual-property laws.

14.2 Trademarks

ATERX TRACKER and related names, logos, and marks are trademarks or service marks of Aterrex or its licensors. Customer may not use them without Aterrex’s prior written permission except as necessary to identify the Service truthfully.

14.3 Feedback

If Customer provides suggestions, ideas, feedback, requests, or recommendations regarding the Service (“Feedback”), Customer grants Aterrex a perpetual, irrevocable, worldwide, royalty-free right to use, disclose, reproduce, modify, distribute, and otherwise exploit the Feedback without restriction or compensation, provided Aterrex does not publicly identify Customer as the source without Customer’s permission.

14.4 Copyright Complaints (DMCA)

Aterrex respects intellectual-property rights and responds to properly submitted notices of alleged copyright infringement in Customer Data or other content made available through the Service, consistent with the Digital Millennium Copyright Act, 17 U.S.C. § 512. A written notice should be sent to Aterrex’s designated agent to Skyler Newhouse at Aterrex Software LLC
5604 Big River Dr., The Colony, Texas 75056, email: skyler@aterrexsoftware.com,
and should include, to the extent reasonably possible, the information described in 17 U.S.C. § 512(c)(3). Aterrex may remove or disable access to material identified in a valid notice and may terminate, in appropriate circumstances, the access of repeat infringers.

15. Confidentiality

Each party may receive nonpublic information from the other party that a reasonable person would understand to be confidential, including Customer Data, business information, software, security information, pricing, product plans, and technical information (“Confidential Information”).

The receiving party will use the disclosing party’s Confidential Information only to perform or exercise its rights under these Terms and will protect it using at least reasonable care. The receiving party may disclose Confidential Information to its employees, contractors, professional advisers, and service providers who have a need to know it and are bound by confidentiality obligations no less protective than those in this Section.

Confidential Information does not include information the receiving party can demonstrate: (a) is or becomes publicly available without breach of these Terms; (b) was already lawfully known without confidentiality obligation; (c) is lawfully received from a third party without confidentiality obligation; or (d) is independently developed without use of the other party’s Confidential Information.

A receiving party may disclose Confidential Information when required by law or legal process, provided it gives advance notice where legally permitted and reasonably practicable.

16. Disclaimers

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ATERREX DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, COMPLETENESS, RELIABILITY, SECURITY, AVAILABILITY, AND FREEDOM FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

ATERREX DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR COMPATIBLE WITH CUSTOMER’S SYSTEMS OR THIRD-PARTY SERVICES. ATERREX DOES NOT WARRANT THAT ANY DATA, REPORT, EXPORT, PROPERTY VALUE, MARKET DATA, ADDRESS, MAP, THIRD-PARTY RESULT, AI-GENERATED OUTPUT, CALCULATION, OR OTHER INFORMATION AVAILABLE THROUGH THE SERVICE IS ACCURATE, CURRENT, COMPLETE, OR FIT FOR CUSTOMER’S PURPOSE.

CUSTOMER IS SOLELY RESPONSIBLE FOR VERIFYING ALL PROPERTY, FINANCIAL, TAX, LEGAL, ACCOUNTING, INSURANCE, TITLE, LEASING, CONTRACTUAL, PAYMENT, COMPLIANCE, AND BUSINESS INFORMATION BEFORE RELYING ON IT. THE SERVICE DOES NOT PROVIDE LEGAL, TAX, ACCOUNTING, FINANCIAL, INVESTMENT, INSURANCE, APPRAISAL, PROPERTY-MANAGEMENT, BROKERAGE, OR OTHER PROFESSIONAL ADVICE.

Some jurisdictions do not permit certain warranty disclaimers. In those jurisdictions, the foregoing disclaimers apply only to the extent permitted by law.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ATERREX AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, LICENSORS, SUPPLIERS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, USE, OPPORTUNITY, OR ANTICIPATED SAVINGS, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ATERREX’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS CUSTOMER PAID TO ATERREX FOR THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY BEFORE THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

The limitations in this Section apply regardless of the form of action, whether in contract, tort, negligence, strict liability, statute, or otherwise, and even if any remedy fails of its essential purpose. Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited.

18. Indemnification

Customer will defend, indemnify, and hold harmless Aterrex and its members, managers, officers, employees, contractors, licensors, suppliers, and service providers from and against all claims, demands, actions, proceedings, damages, liabilities, losses, judgments, settlements, penalties, fines, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to:

Customer Data, including allegations that Customer Data infringes, misappropriates, violates, or improperly discloses another person’s rights or information.

Customer’s or an Authorized User’s use of the Service in violation of these Terms, applicable law, or third-party rights.

Customer’s relationship, transaction, dispute, notice obligations, or legal obligations involving a Portal User, contractor, agent, renter, investor, employee, owner, vendor, or other third party.

Customer’s property-management, real-estate, payment, tenant, investor, employment, contracting, or business activities.

Aterrex will provide prompt notice of any indemnified claim, subject to no loss of rights except to the extent Customer is materially prejudiced. Customer will control the defense and settlement of the claim, except that Customer may not settle any claim in a manner that admits fault by, imposes liability on, or requires payment or injunctive relief from Aterrex without Aterrex’s prior written consent.

19. Governing Law; Venue; Jury Waiver

These Terms and any dispute arising out of or relating to these Terms or the Service are governed by the laws of the State of Texas, without regard to conflict-of-laws rules that would require another jurisdiction’s law to apply.

Except where applicable law requires otherwise, the state and federal courts located in Denton County, Texas have exclusive jurisdiction over any action or proceeding arising out of or relating to these Terms or the Service, and each party irrevocably submits to the personal jurisdiction and venue of those courts.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE.

20. Changes to the Service or Terms

Aterrex may modify, update, suspend, discontinue, or replace any part of the Service, including features, integrations, functionality, plans, limits, and security measures, at any time. Aterrex will use reasonable efforts to provide advance notice of material changes when practicable, but is not required to do so where changes are necessary to address security, legal, technical, or operational needs.

Aterrex may update these Terms from time to time. If Aterrex makes a material change, Aterrex may provide notice through the Service, by email, or by another reasonable method. Updated Terms are effective on the stated effective date. If Customer or an Authorized User continues to use the Service after the effective date of updated Terms, Customer accepts the updated Terms. Aterrex may require affirmative acceptance of updated Terms before allowing continued use of all or part of the Service.

21. Notices and Electronic Communications

Aterrex may provide notices under these Terms by posting them in the Service, sending them to the email address associated with Customer’s account, or using another reasonable method. Customer is responsible for keeping its email address current and for ensuring that notices from Aterrex are not blocked, filtered, or rejected.

Customer agrees that agreements, notices, disclosures, records, and other communications provided electronically satisfy any legal requirement that those communications be in writing, to the extent permitted by law. Customer agrees that electronic acceptance, including click-through acceptance, constitutes Customer’s signature and agreement to these Terms.

For legal notices to Aterrex, or to report suspected unauthorized access or a security issue, contact:

Aterrex Software LLC
5604 Big River Dr.
The Colony, Texas 75056
Email: skyler@aterrexsoftware.com
Phone: 402-213-8382

22. General Provisions

22.1 Entire Agreement

These Terms, the Privacy Policy, any order form, and any other written agreement expressly incorporated by reference constitute the entire agreement between Customer and Aterrex concerning the Service and supersede prior or contemporaneous understandings concerning the Service. If a signed order form expressly conflicts with these Terms, the signed order form controls solely as to the conflicting subject matter.

22.2 Assignment

Customer may not assign, transfer, or delegate these Terms or any rights or obligations under them without Aterrex’s prior written consent. Aterrex may assign these Terms without Customer’s consent in connection with a merger, acquisition, corporate reorganization, sale of assets, financing, or transfer of all or substantially all of the business or assets relating to the Service.

22.3 No Waiver

A waiver of any provision of these Terms is effective only if in writing and signed by the party granting the waiver. A failure to enforce any provision is not a waiver of future enforcement.

22.4 Severability

If any provision of these Terms is found unenforceable, that provision will be enforced to the maximum extent permitted by law and the remaining provisions will remain in full force and effect.

22.5 Force Majeure

Aterrex is not liable for delay, failure, or interruption of the Service resulting from causes beyond Aterrex’s reasonable control, including natural disasters, acts of government, war, terrorism, civil unrest, labor disputes, utility or internet failures, third-party service-provider failures, cyberattacks, or epidemics.

22.6 Independent Contractors; No Third-Party Beneficiaries

The parties are independent contractors. These Terms do not create a partnership, joint venture, agency, employment, franchise, fiduciary, or other special relationship. Except for Aterrex’s indemnified parties, there are no third-party beneficiaries of these Terms.

22.7 Headings and Interpretation

Headings are for convenience only and do not affect interpretation. “Including” means “including without limitation.”

Acknowledgment

By clicking “I Agree,” creating an account, accessing the Service, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and the ATERX TRACKER Privacy Policy.