CompStak Terms of Use

Effective Date: January 21, 2020

1. Introduction

Please carefully review these Terms of Use (“TOU” or “Agreement”), for CompStak, Inc. (“CompStak”, “We”, or “Us”) as they contain important information regarding your legal rights, remedies, and obligations. These TOU apply if you visit, view, use, or access (collectively, “access”) CompStak’s websites made available on CompStak.com (the “Website”), and/or (hereinafter, “or”) if you request, view, use or access any CompStak Data (as defined herein) via any phone application including any texting service, or, you access data, information, products, services, or applications (collectively, with the Website, the “Services”) made available by or from CompStak.

2. Legally Binding Agreement

By accessing the Services, you represent and warrant that you have read and understood, and agree to be bound by these TOU and that you acknowledge the adequacy of consideration for this Agreement. Please review this document carefully as it is a legally binding document between you and CompStak. If you do not agree to these TOU, you are prohibited from accessing, and must immediately discontinue your access of the Services. Please exit and discontinue all access immediately.

THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.

3. Eligibility

The Services are not targeted to, and should not be used by, persons under the age of 18. BY ACCESSING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD, ARE LEGALLY QUALIFIED TO ENTER INTO AND FORM CONTRACTS UNDER APPLICABLE LAW, and are not barred from accessing the Services under the laws of any applicable jurisdiction.

If you are using the Services on behalf of a company, entity, or organization (each a “Subscribing Entity”), then you represent and warrant that you: (i) are an authorized representative of that Subscribing Entity with the authority to bind such entity to the TOU and (ii) agree to be bound by the TOU individually and on behalf of such Subscribing Entity. You further represent and warrant that the Subscribing Entity is not a CompStak Competitor, nor are you or your Subscribing Entity using the Services for or on behalf of a CompStak Competitor, as defined in Section 8(B)(ix).

4. Privacy Policy; Changes to Agreement

Privacy Policy: By accessing the Services, you consent to the collection and use of certain information about you, as specified in the Services’ Privacy Policy (the “Privacy Policy”), incorporated hereto and available here CompStak encourages users of the Services to frequently check the Privacy Policy for changes. By accessing the Services, you represent and warrant that you have read and understood, and agree to be bound by, the Privacy Policy. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO BE BOUND BY THE PRIVACY POLICY, YOU MUST IMMEDIATELY EXIT AND DISCONTINUE ALL ACCESS TO THE SERVICES.
Changes: COMPSTAK RESERVES THE RIGHT TO CHANGE THIS AGREEMENT AND/OR THE PRIVACY POLICY AT ANY TIME. Notice of any such change will be given by the posting of a new version or a change notice on the Services; provided, however, that CompStak will use commercially reasonable efforts to notify you of any material changes to these TOU at least 30 days in advance of the effective date of such material change. Changed TOU will be indicated by the “effective date” at the top of this Agreement. If you do not agree to such changes, please exit and discontinue all access to the Services immediately. It is your responsibility to review this Agreement and the Privacy Policy periodically. If at any time you find any TOU or the Privacy Policy unacceptable, you must immediately leave, and refrain from using, the Services.

5. Member Registration, User Name, and Points

Member Registration: By accessing the Services, you are not automatically a CompStak Member; you are a “Visitor.” In order to become a CompStak member (“Member”), you are required to complete a registration process. You certify, represent and warrant that the information you provide therein is true, accurate, complete, current, and that it belongs to you. You shall keep your information complete and up-to-date at all times. Failure to maintain your registration information may cause your access to the Services to be interrupted, suspended, or terminated. You are responsible for monitoring your account, changing your password periodically and notifying CompStak immediately of any unauthorized use or breach of security of your password.
Members and Contacts: Your Member registration information and information you provide regarding commercial properties is automatically entered into CompStak’s proprietary database (the “Database”), which contains, among other things, building information, completed lease deal information (including, but not limited to rental rates, leased squared footage, tenant name and real estate broker and salesperson name), sale transaction information (including, but not limited to price, buyer, seller, cap rate and NOI) and related property, tenant and market information. Please note: as a Member, you may contribute to and access the Database; however, CompStak retains all proprietary and intellectual property rights to the Database, and you do not retain any ownership rights in the Database as a result of any information you provide. Likewise, information contributed to the Database may be shared with other Members and with third parties, in CompStak’s discretion. When you provide your registration information and other information regarding commercial properties, you intend to interact with other Members and third parties through the CompStak Services and to have CompStak share and resell the information you contribute. To learn more about our Database, please see Section 10.
User Name: In order to access certain Services as a Member, you must log on with a unique user name or email address.
Points: The Services allow you to earn points or credits (“Points”) by performing certain actions. Points are not real money, do not have monetary value, and may never be redeemed for “real world” money, or other items of monetary value from outside of the Services without our written permission. While we may use terms like “buy”, “earn”, “spend” or “sell” in reference to Points, we do so only for convenience and such terms in no way indicate that Points have monetary value or are real money. You acknowledge that Points are not real currency and are not redeemable for any sum of money from us at any time. We make no guarantee as to the nature, quality or value of the features of the Services.
1. License Points obtained via the Services are provided to you under a limited, personal, revocable, non-transferable (except as specifically provided below), non-sublicensable license to use within the Services. Points may not be transferred (except as specifically provided below) or resold in any manner, including, without limitation, by means of any direct sale or auction service. You have no property interest, right or title in or to any such Points appearing or originating in the Services, or any other attributes associated with use of the Services.
2. Limitation of Liability: We have no liability for hacking or loss of your Points; provided that we will use commercially reasonable efforts to restore Points in the event of any hacking or loss. We have no obligation to, and will not, reimburse you for any Points or any goods or services obtained via Points that are forfeited due to your violation of the TOU. We reserve the right, without prior notification, to limit the quantity of Points and/or to refuse to provide you with any Points. Price, exchangeability, and availability of Points are determined by us in our sole discretion and are subject to change without notice. You agree that we have the absolute right to manage, distribute, regulate, control, modify, cancel, restrict, terminate and/or eliminate Points as we see fit in our sole discretion, and that we will have no liability for exercising such right. You agree that under no circumstances are we liable to you for any damages or claims that may arise from the loss or use of your Points regardless of the circumstances. You absolve us of any responsibility to maintain or update your Points balance. However, if there is a loss of Points in your account due to technical or operational problems with the Services, we may replenish the lost Points once the loss has been verified. Without limiting any of the foregoing, our maximum liability or responsibility to you is to replenish the Points lost.
3. Redemption: You may redeem Points for CompStak Data or as otherwise set forth on the Services. We will, in our sole discretion, determine and communicate the availability and exchange rate for any Points, which may be modified at any time. All redemptions are subject to the TOU and all limitations and requirements stated via the Services. All redemptions of Points are final. Once your Points have been redeemed, they will be subtracted from your Point balance and will not be refunded or returned, except in our sole discretion. CompStak may also issue Points at no charge to users, at its discretion.
4. Loss of Points: CompStak may subtract Points from your account if it determines, in its sole discretion, that you did not properly “earn” the Points, including if CompStak Data you previously submitted is outdated or has been superseded by other CompStak Data submission.
5. Allocation between Members: Points may be transferred among Members who are using the Services under the same Plan (as defined below).

6. Subscription Accounts

CompStak offers additional, paid, services (each, a “Plan”). Subscription fees and terms vary and additional conditions, restrictions and limitations may apply to each Plan and will be as set forth in a separate agreement between you and CompStak (a “Master Subscription Agreement”). Payment terms will be as set forth in the Master Subscription Agreement.

7. Your License to Use

Subject to your compliance with the terms and conditions of this Agreement, and any other agreement between you and CompStak, CompStak grants you a non-exclusive, non-sublicensable, non-assignable, revocable, non-transferable license to access the Services. Except as expressly set forth herein, this Agreement grants you no rights in or to the intellectual property of CompStak or any other party. In the event that you breach any provision of this Agreement, your rights under this paragraph will immediately terminate. By accepting this license, you agree that all information contained in the Database, and the compilation of such information, is the proprietary, confidential information of CompStak, that you will safeguard and protect such information, and that you will use the information in accordance with the Code (as defined below). Your obligations set forth above shall survive termination of this Agreement.

8. Code of Conduct

The Services allow commercial real estate professionals to share “comp” information. This sharing of information through the functionality of the Services is the only permitted use of the Services. All Members and Visitors must fully comply with the following CompStak Code of Conduct (the “Code”) at all times. You certify, represent and warrant that you will not violate this Code.

Restrictions on Inputting Information: You shall not enter trade secrets or illegal or improper information in or through the Services (either directly through the Services or via any transmission to CompStak, including email), including, without limitation, the following:
1. Information that is known to be false, inaccurate, incorrect, incomplete, inexact, outdated or otherwise wrong;
2. Information subject to confidentiality, non-disclosure, non-competition, trade secret or proprietary rights, limitations or restrictions;
3. Information that infringes the copyrights or intellectual property rights of others;
4. Home addresses, Social Security numbers or credit card numbers;
5. Information that is sexually explicit, profane, pornographic, immoral, obscene, vulgar, offensive, inflammatory, violent, dangerous, harmful, threatening, abusive, harassing, hateful, discriminatory or racially, ethnically or otherwise objectionable, or which may solicit information from anyone under the age of 18;
6. Information that is defamatory, libelous, fraudulent, knowingly incorrect, or invasive of privacy or publicity rights of others;
7. Information that advocates or encourages conduct that could constitute a criminal offense;
8. Information that is actionable or may subject CompStak to legal action or liability of any kind;
9. Information obtained directly from CoStar Group, or any affiliate, subsidiary or related entity of CoStar Realty Information, Inc.
10. Information obtained directly from Real Capital Analytics, or any affiliate, subsidiary or related entity of Real Capital Analytics, Inc.
11. Information that violates any applicable local, state, national or international law, regulation, or convention; or
12. Information that violates any provision of this Agreement or any other agreement or policy set forth by CompStak.
Use of Information Obtained via the Services: CompStak has no actual control over use of information by you or any other user outside the Services. You shall not use information accessed through the Services for any purpose or in any manner that is illegal or improper, including, without limitation, the following:
1. For any purpose, activity or in any manner that is criminal, illegal or actionable;
2. In violation of any local, state, national or international laws, regulations or conventions;
3. To illegally ‘spam’ anyone or to sell, give, make available or otherwise distribute information to a spammer or for the purpose of spamming;
4. For unethical marketing activities;
5. To communicate with anyone using language or in any manner that is sexually explicit, profane, pornographic, immoral, obscene, vulgar, offensive, violent, dangerous, harmful, threatening, abusive, harassing, hateful, discriminatory, or racially, ethnically or otherwise objectionable;
6. To prepare or compile information that is distributed in any manner or form to any third-party;
7. To enhance, verify, supplement, append, confirm, or modify any compilation of information that is thereinafter distributed in any manner or form to a third-party;
8. For sale, re-sale, sub-license, commercial use, or redistribution of any kind, without CompStak’s express, prior consent.;
9. For, at the direction of, or on behalf of (directly or indirectly) any company whose primary business to provide an online commercial real estate analytics platform, including but not limited to, CoStar Group (a “CompStak Competitor”), or to build a competitive product.
Acts against the Services: You shall not attempt to or engage in potentially harmful acts that are directed against the Services including, without limitation, the following:
1. Using the Services in contravention of any other agreement to which you are a party, including without limitation any employment agreement to which you may be a party;
2. Causing, allowing or assisting any other person to use your account or impersonate you;
3. Sharing your password or login with any other person;
4. Logging onto a server or account that you are not authorized to access;
5. Forging screen names, manipulating identifiers, or otherwise impersonating any other person or misrepresenting your identity or affiliation with any person or entity;
6. Emulating or faking usage of the Services;
7. Violating or attempting to violate any security features of the Services;
8. Using manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any pages contained in the Services;
9. Falsely stating or otherwise misrepresenting your affiliation with any person or entity;
10. Introducing viruses, worms, software, Trojan horses or other similar harmful code into the Services;
11. Interfering or attempting to interfere with the use of the Services by any other user, host or network, including, without limitation by means of submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the Services;
12. Causing, allowing or assisting machines, bots or automated services to access or use the Services without the express written permission of CompStak;
13. Tampering with the operation, functionality or the security of the Services;
14. Attempting to override or circumvent any security or usage rules embedded into the Services that permit digital materials to be protected;
15. Attempting to probe, scan, or test the vulnerability of the Services, or any associated system or network, or breach any security or authentication measures;
16. Misusing, tricking, disrupting or otherwise interfering with the functioning of the Services;
17. Harvesting or collecting email addresses or other contact information of other users from the Services by electronic or other means;
18. Reverse engineering, decompiling, disassembling, deciphering or otherwise attempting to derive the source code for any underlying intellectual property used to provide the Services;
19. Engaging in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
20. Uploading, posting, transmitting, sharing, storing or otherwise making available any content that CompStak in its sole discretion deems to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
21. Without CompStak’s prior, express consent, advertising or selling any products, services or otherwise (whether or not for profit), or soliciting others or using the Services for commercial purposes of any kind other than sharing comparables information with other real estate professionals.
Suspected Misuse and Penalties: CompStak may monitor the Services for violations of the Code, and you agree (a) not to bypass said monitoring, (b) that CompStak will not be liable for monitoring and (c) nothing CompStak says or does waives its rights to monitor the Services. CompStak shall be the sole and final arbiter of suspected Code violations. If CompStak determines that you have materially breached this agreement, it may, and without limiting any of its other remedies, immediately and without notice:
1. Delete or modify content;
2. Suspend your account;
3. Terminate your account;
4. Identify you to third parties;
5. Take legal action.

You agree that you will be liable for breaches of the Code, and these TOU, by you and your affiliates, consultants, agents, contractors or employees and anyone else accessing the Services on your behalf (directly or indirectly), and you agree to pay CompStak liquidated damages as described below for any such breach of the Code, or these TOU. You agree that damages to CompStak from a breach of the Code or these TOU would be extremely difficult to quantify. Therefore, at CompStak’s option, in lieu of actual damages, CompStack will be entitled to $75,000 in liquidated damages as a reasonable estimate of our damages for each such breach. CompStak intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of this Agreement or of any applicable laws.

9. Your Creative Content

Separate and apart from contributing to the Database, the Services may allow you to post content, such as messages, images, text, photos, graphics, audio, video or other material (“your Creative Content”) through message boards, forums, Member blogs or other interactive features. With respect to your Creative Content, while you retain any and all of your lawfully owned rights therein, you hereby grant CompStak a royalty-free, perpetual, irrevocable, worldwide, transferable, non-exclusive and fully-sublicensable right and license to view, store, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display your Creative Content (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, and to exercise the same rights with respect to such works. You also permit any Visitor of the Services to access, store, distribute, perform, reproduce and prepare derivative works of your Creative Content. No compensation will be paid to you or to any other person or entity with respect to your Creative Content. You grant CompStak the right to use your name and/or likeness and/or any name and/or likeness that you may submit in connection with your Creative Content if CompStak should choose, without compensation or need for your prior approval, or to exercise any of the rights licensed by you hereunder, in connection with a fictional name or persona or without any attribution at all. You also agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your Creative Content.

CompStak may remove your Creative Content at any time in its sole discretion. You are solely responsible at your own cost and expense to create backup copies of your Creative Content. Likewise, by accessing the Services you may be exposed to other Members’ Creative Content that you find offensive, indecent or objectionable — you agree that you use the Services at your own risk.

You agree that CompStak is not under any obligation of confidentiality, express or implied, with respect to your Creative Content. You represent and warrant that you own or otherwise control all necessary rights to your Creative Content, that it does not violate or infringe upon the intellectual property rights of a third party, that it is accurate, that it does not contain libelous, defamatory or otherwise unlawful material, that it does not violate anyone’s rights to publicity or privacy, that it will not cause injury to any person or entity, that it does not otherwise violate these TOU, and that you will indemnify CompStak and its service providers for all claims resulting from your Creative Content. UNDER NO CIRCUMSTANCES WILL COMPSTAK BE LIABLE IN ANY WAY FOR OR IN CONNECTION WITH YOUR CREATIVE CONTENT.

As the provider of the Services, CompStak is only a forum and is not liable for any statements, representations, or omissions made through Your (or other Visitors’) Creative Content. Any opinions, advice, purported facts, or recommendations expressed therein are those of the Visitors who make them, and not those of CompStak; CompStak does not endorse any opinion, purported fact, recommendation or advice expressed therein. Likewise, it is your responsibility to exercise due care and caution (for your privacy, safety, and identity, among other concerns) when posting your Creative Content or accessing the Services.

10. The Commercial Real Estate Data and Information Available On the Services

Statement of Principles:
1. We are open, transparent and fair about our practices and policies with respect to the collection and use of information.
2. We utilize our Members and leading edge technology to build and maintain the most comprehensive, accurate and up-to-date database possible of information regarding commercial properties, including building information, completed lease deal information (such as rental rates, leased square footage, tenant names, real estate broker names and salesperson names), sales transaction information (including, but not limited to price, buyer, seller, cap rate and NOI), and related property, tenant and market information (collectively, “CompStak Data”). We maintain security measures to reasonably safeguard the data and its use.
3. We collect information that is necessary for the legitimate business purposes of CompStak and our Members. We collect information that is obtained lawfully and by fair means, and do not encourage members and users to disclose trade secrets.
4. We will monitor privacy and data protection developments. We encourage Members to respect compliance programs with respect to their own use of the Services.
Information Collected: The Services make the following subsets of CompStak Data about commercial properties available to our Members: lease deal information (which may include, but is not limited to, rental rates, leased square footage, lease terms, floor(s) leased, landlord concessions, tenant names, real estate broker name, salesperson name, etc.), transaction information (including, but not limited to price, buyer, seller, cap rate and NOI), and related building information (which may include, but is not limited to, landlord name, address, building name, building agent, year built, building class, etc.).
Sources of CompStak Data:
1. Our Members build and maintain the Services’ database of CompStak Data. CompStak may aggregate, supplement or enhance its CompStak Data from established, reputable sources and trusted data suppliers. CompStak may also add to CompStak Data by collecting and including openly and freely available commercial property information. Data providers may only contribute information to CompStak that they have a legal right to provide.
2. CompStak Data available on the Services may be readily available without restriction from any number of different data sources, including:
  1. Public records: Records created and maintained by government agencies and open for public inspection and use.
  2. Publicly available information: Information that is available to the general public from non-governmental sources.
  3. Non-public available information provided to CompStak by a Member authorized to share such information: Information that is privately owned and is not available to the general public or that is generally offered for a fee for use and redistribution without restriction.
  4. Openly available information: Information that has been made available without restriction by a property’s representatives, typically for their own convenience, competitive advantage, business benefit or other commercial purposes.
  5. Derived information: Partial or derived information from any combination of the above sources that is assembled, aggregated, appended, calculated or associated together.
Concerns about CompStak Data: If you have any concerns about any CompStak Data, you can contact CompStak by email at support@CompStak.com.
Online Privacy Policy: (Applicable to Members and Visitors) The Privacy Policy applies to information collected online from and about our members, users and visitors to CompStak. For more information, see the Privacy Policy .

11. Intellectual Property

The Services and all content and materials located thereon, including without limitation any CompStak names and logos (the “CompStak Marks”), Database, designs, text, graphics and other files, and the selection, arrangement and organization thereof, are the intellectual property of CompStak or its licensors. Except as explicitly provided, neither the Services nor this Agreement grant you any right, title or interest in or to any such content or materials. The CompStak Marks are trademarks or registered trademarks of CompStak. Other trademarks, service marks, graphics, logos and domain names appearing on the Services may be the trademarks of third parties. The Website is Copyright © 2017, CompStak, Inc., ALL RIGHTS RESERVED. Moreover, except as expressly stated herein, or as expressly granted by CompStak in a signed writing, you have no intellectual property or other rights in the information you contribute to the Database.

As CompStak asks others to respect its intellectual property rights, CompStak respects the intellectual property rights of others. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Services. Likewise, if you have evidence, know, or have a good faith belief that your rights have been violated and you want CompStak to delete, edit, or disable the material in question, you must provide CompStak with all of the following information pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing CompStak’s DMCA Agent (listed below) with the following information in writing:

a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit CompStak to locate the material;
information reasonably sufficient to permit CompStak to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted;
a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to CompStak’s designated agent at:

DMCA Agent
CompStak.com
CompStak, Inc.
675 6th Avenue, Floor 4
New York, NY 10010
copyright@compstak.com

Please consult your legal counsel (or see 17 U.S.C. § 512) to confirm these requirements and your compliance therewith. It is CompStak’s policy to respond to notices of alleged infringement that comply with the DMCA. In addition, CompStak will promptly terminate without notice the accounts of users that are determined by CompStak to be “repeat infringers.” If CompStak receives more than three takedown notices regarding your any content you have submitted, including your Creative Content, then you will be considered a repeat infringer and your account will be terminated.

You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

12. Disclaimers; Limitation of Liability; Third Party Disputes

NO WARRANTIES: ALTHOUGH COMPSTAK TAKES REASONABLE MEASURES TO KEEP THE SERVICES ERROR-FREE AND SAFE, YOU ACCESS THEM AT YOUR OWN RISK. COMPSTAK, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” NEITHER COMPSTAK NOR ITS LICENSORS OR SUPPLIERS WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SAFE OR SECURE. COMPSTAK DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR NOT INTERFERE WITH YOUR USE OR ENJOYMENT OF ANY OTHER PRODUCTS, GOODS OR SERVICES, INCLUDING APPLICATIONS ON ANY MOBILE DEVICE ON WHICH YOU HAVE INSTALLED THE APP, OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COMPSTAK OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY NOT EXPRESSLY PROVIDED FOR IN THE TOU.
YOUR RESPONSIBILITY FOR DAMAGE: YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. YOU WILL NOT HOLD COMPSTAK OR ITS LICENSORS OR SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM YOUR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGE TO ANY OF YOUR COMPUTERS OR DATA. THE SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.
YOUR RESPONSIBILITY FOR YOUR ACTIONS: YOU AGREE AND UNDERSTAND THAT YOU MAY BE HELD LEGALLY RESPONSIBLE FOR DAMAGES SUFFERED BY OTHER VISITORS OR THIRD PARTIES AS THE RESULT OF YOUR REMARKS, INFORMATION, OR FEEDBACK OR OTHER CONTENT POSTED OR MADE AVAILABLE ON OR THROUGH THE SERVICES THAT IS DEEMED DEFAMATORY OR OTHERWISE LEGALLY ACTIONABLE.
LIMITATION OF LIABILITY: YOU AGREE THAT NEITHER COMPSTAK, ITS DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, NOR ITS LICENSORS OR SUPPLIERS, HAVE ANY LIABILITY WHATSOEVER IN CONNECTION WITH YOUR ACCESS OF THE SERVICES. COMPSTAK IS NOT RESPONSIBLE FOR THE ACTIONS OF THIRD-PARTIES (INCLUDING OTHER VISITORS OR MEMBERS), AND YOU RELEASE COMPSTAK AND ITS DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN OR UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD-PARTIES. THE LIABILITY OF COMPSTAK, ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS, AND ITS LICENSORS AND SUPPLIERS, IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL COMPSTAK, ITS DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, OR ITS LICENSORS OR SUPPLIERS, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY, INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, OR OTHERWISE, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES OR OF ANY ADVICE OR NOTICE GIVEN TO COMPSTAK, ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS, OR ITS LICENSORS AND SUPPLIERS) ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. ADDITIONALLY, THE MAXIMUM LIABILITY OF COMPSTAK AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS AND SUPPLIERS TO YOU UNDER ALL CIRCUMSTANCES WILL NOT EXCEED THE GREATER OF $200.00 USD OR THE AMOUNT YOU HAVE PAID US IN THE LAST 12 MONTHS.
APPLICATION: THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS DO NOT IN ANY WAY LIMIT ANY OTHER DISCLAIMER OF WARRANTIES OR ANY OTHER LIMITATIONS OF LIABILITY BETWEEN YOU AND COMPSTAK OR BETWEEN YOU AND ANY OF COMPSTAK’S DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE WEBSITE, SERVICES, OR OTHERWISE SHALL ALTER ANY OF THE DISCLAIMERS OR LIMITATIONS STATED IN THIS SECTION.
THIRD PARTY DISPUTES: YOU IRREVOCABLY RELEASE COMPSTAK (AND OUR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES, AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY DISPUTE YOU HAVE WITH ANY SERVICE PROVIDER, THIRD PARTY SERVICE OR OTHER THIRD PARTY.

13. Indemnification

You agree to indemnify and hold CompStak, its directors, officers, employees and agents, and its suppliers, licensors, and service providers, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorneys’ fees (collectively, “Claims”), arising out of or in connection with: (1) your use of the Services; (2) any violation of this Agreement (including, without limitation, the Code); and (3) your violation of any law or the rights of any third party. CompStak will have the right, but not the obligation, to participate through counsel of its choice in any defense by you of any Claims as to which you are required to defend, indemnify, or hold harmless CompStak. You may not settle any Claims without the prior written consent of the concerned CompStak person or persons.

14. Third Party Websites

On the Services, you may find links to websites operated by third parties (“Third-Party Sites”). CompStak does not endorse or control Third-Party Sites, each of which may be governed by its own terms of service and privacy policy. CompStak disclaims, and you hereby agree to assume, all responsibility and liability for any damages or other harm, whether to you or third-parties, resulting from your use of Third-Party Sites and any content found on those Third-Party Sites. Please take all protections necessary to protect yourself and your computer system when accessing Third-Party Sites, particularly when downloading or purchasing anything therefrom. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services are solely between you and such advertiser. YOU AGREE THAT YOUR USE OF CONTENT FROM THIRD-PARTY SITES IS AT YOUR OWN RISK AND COMPSTAK WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH USE OR DEALINGS, OR AS THE RESULT OF THE PRESENCE OF ADVERTISERS ON THE SERVICES.

15. Termination

By You: You may cancel your account at any time and for any reason through the “My Account” link. WHEN YOU TERMINATE YOUR ACCOUNT, YOU WILL NOT RECEIVE ANY REFUND OF ANY SUBSCRIPTION FEES CHARGED TO YOUR ACCOUNT PRIOR TO RECEIPT OF YOUR CANCELLATION. WHERE APPLICABLE, AND UNLESS OTHERWISE SET FORTH IN YOUR SPECIFIC PLAN DETAILS, YOUR ACCOUNT WILL REMAIN ACTIVE UNTIL THE END OF YOUR CURRENT SUBSCRIPTION TERM UNLESS OTHERWISE TERMINATED BY COMPSTAK. SUBSCRIPTION FEES WILL NOT BE PRORATED OR REFUNDED FOR PARTIAL-MONTH USAGE. YOU WILL FORFEIT YOUR ACCUMULATED POINTS AND RATING AT THE END OF THE SUBSCRIPTION TERM AFTER THE EFFECTIVE DATE OF YOUR CANCELLATION.
By CompStak: CompStak may suspend, terminate, or disable access to your account at any time for an actual or suspected breach (in CompStak’s reasonable discretion) of any provision of the TOU. CompStak, in its sole discretion and for any reason or no reason, may discontinue the Services and any related services including support (or any part thereof), at any time, with or without notice. You agree that CompStak shall not be liable to you or any third-party for any such termination. Without limiting the generality of the foregoing, CompStak may terminate your access to the Services in cases of actual or suspected fraud, or violations of these TOU or other laws or regulations, and any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies CompStak may have at law or in equity. Upon termination, you will no longer have access to the Services and will forfeit your accumulated points and rating . At our discretion, we may provide you with a prorated refund of subscription fees if we terminate your user account.
Effect of Termination; Survival
If this Agreement terminates, you will no longer be authorized to access the Services. Sections 8 – 13 and 15 – 18 of the Agreement will survive termination.

16. Binding Arbitration, Class Action Waiver, Venue and Jurisdiction

Binding Arbitration: In the event of a dispute arising under or relating to this Agreement (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by the Judicial Arbitration and Mediation Services (“JAMS”) pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website http://www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of
Class Action Waiver: You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Equitable Relief: Should you or CompStak seek equitable relief of any kind, you or CompStak, as applicable, are permitted to seek equitable relief in court, in aid of arbitration.
Claims: You and CompStak agree that, notwithstanding any other rights the party may have under law or equity, any cause of action arising out of or related to the TOU or the Services, excluding a claim for indemnification, must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
Improperly Filed Claims: All claims you bring against CompStak, or CompStak brings against you, must be resolved in accordance with this section. All claims filed or brought contrary to this section will be considered improperly filed. Should you or CompStak (the “ Filing Party”) file a claim contrary to this section, the non-Filing Party may recover attorneys’ fees and costs up to $5,000, provided that the non-Filing Party has notified in writing of the improperly filed claim, and the Filing Party has failed to promptly withdraw the claim.
Modifications: In the event that CompStak makes any future change to the Binding Arbitration provision (other than a change to CompStak’s Arbitration Notice Address), you may reject any such change by sending us written notice within thirty (30) days of the effective date of the change to CompStak’s Arbitration Notice Address, in which case your account with CompStak and your license to use the Services shall terminate immediately, and this section, as in effect immediately prior to the amendments you reject, shall survive the termination of the TOU.
Enforceability: If only part of Section 16 or the entirety of this Section 16 is found to be unenforceable, then the entirety of this Section 16 shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 16.H shall govern any action arising out of or related to the TOU.
Governing Law; Choice of Forum: The laws of the State of New York, excluding its conflicts of law rules, govern the TOU and your use of the Services. Your use of the Services may also be subject to other local, state, national, or international laws; provided, however, that the United Nations Convention on Contracts for the International Sale of Goods shall not apply to any provision of this TOU. To the extent that any action relating to any dispute hereunder is permitted to be brought in a court of law, such action shall be subject to the exclusive jurisdiction of the state and federal courts located in New York, New York, and you hereby irrevocably submit to personal jurisdiction in such courts, and waive any defense of inconvenient forum.
Specific Proceedings: Any legal process initiated in order to obtain identifying information of a Visitor or Member in connection with asserting claims against such user must be initiated by way of a pre-action discovery proceeding in New York state court under N.Y. C.P.L.R. § 3102(c). If you are concerned about whether any Member is sharing information he/she is not authorized to share, please contact us at legal@compstak.com and we will endeavor to work with you to resolve your concerns without the need to commence a legal proceeding.

17. Feedback

CompStak values your enthusiasm regarding the Services. If you choose to contribute by sending CompStak or our employees any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings (such as audio, visual, games, or other types of content), promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively “Feedback”), then regardless of what your accompanying communication may say, the following terms shall apply, so that future misunderstandings can be avoided. Accordingly, by sending Feedback to CompStak, you agree that:

CompStak has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason;
Feedback is provided on a non-confidential basis, and CompStak is not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; and
You irrevocably grant CompStak and its successors and assigns perpetual and unlimited permission to reproduce, distribute, create derivative works of, modify, publicly perform (including on a through-to-the-audience basis), communicate to the public, make available, publicly display, and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.

18. Miscellaneous

CompStak’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Agreement and shall not affect the validity and enforceability of any remaining provisions.
Neither the course of conduct and/or course of dealing between the parties nor trade practice shall act to modify any provision of this Agreement.
CompStak may assign its rights and duties under this Agreement to any party at any time without notice to you. Your rights and duties under this Agreement are not assignable by you without written consent of CompStak.
Headings are used for convenience only and are not to be used for meaning or intent.
This Agreement, along with your Plan, and any other signed writing between you and CompStak regarding the Services, constitutes the entire understanding between you and CompStak and supersedes any prior or contemporaneous communications or provisions on the subject matter. This Agreement cannot be modified, unless in a writing labeled “Modification to TOU”, executed by both you and an officer of CompStak.

CompStak, Inc.

Attn: Legal Department
675 6th Avenue, Floor 4
New York, NY, 10010
Legal@CompStak.com

CompStak Privacy Policy

Effective Date: July 19, 2024

Introduction

This policy covers how CompStak, Inc. (“CompStak,” “We,” or “Us”) treats information that relates to an identified or identifiable person (“Personal Information”) and other information that CompStak collects when you visit CompStak.com (the “Website”), and/or when you access our information, products, or services (collectively, with the Website, the “Services”) whether you are using our Services as a visitor to our Website (“Visitor”) or as a user who has completed our registration process (“Members).” (Visitors and Members collectively referred to as “Users”). This policy does not apply to our collection and use of data about commercial properties contained in our Database, which is covered in our Fair Information Statement, available here.

Please read this policy carefully and review it often because it may change. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY YOU MAY NOT USE THE WEBSITE OR SERVICES.

1. Scope of Privacy Policy

This Privacy Policy applies to Personal Information and other information collected by CompStak. When you navigate away from our Website to websites controlled by third parties, you leave the CompStak Website, at which point our Privacy Policy no longer applies.

CompStak’s Services include the collection, aggregation, and organization of information about commercial properties, such as building information (including, but not limited to, building pictures), completed lease deal information (including, but not limited to, rental rates, leased squared footage, tenant names and real estate broker and salesperson names), sales transaction information (including, but not limited to price, buyer, seller, cap rate and NOI), and related property, tenant and market information. Members can provide such information for inclusion in our Database. By visiting our Website or becoming a Member, you are authorizing us to gather, parse, and retain data and information that you provide to us as necessary to deliver and support our Services.

Information Collected Directly from You: CompStak collects Personal Information when you register. We may also collect Personal Information from you in other ways, such as when you contact our customer-support team or provide us with your credit card information in connection with CompStak purchases. We may also collect Personal Information from you when you choose to request information about CompStak or our Services, seek customer or technical support, or otherwise communicate with us, including at conferences and other events.

Information Collected Passively: Whenever you visit CompStak, we also receive and record information on our server logs from your browser, including your IP address, CompStak cookie information, and the pages you request. We relate this information to the Personal Information you provide. CompStak uses this information to provide our Services, to improve our products and Services, to contact you, to conduct research, and to develop and maintain non-identifiable or aggregated data and analytics. We may also collect certain information automatically through our Services or other methods of web analysis, such as mobile carrier, mobile advertising identifiers, MAC address, IMEI, Advertiser ID, and other device identifiers that are automatically assigned to your computer or device when you access the Internet, browser type and language, geo-location information, hardware type, operating system, Internet service provider, pages that you visit before and after using the Services, the date and time of your visit, the amount of time you spend on each page, information about the links you click and pages you view within the Services, and other actions taken through use of the Services such as preferences.

We, as well as third parties that provide content, advertising, or other functionality on our Services, may use cookies, pixel tags, local storage, and other technologies (“Technologies”) to automatically collect information through the Services. We use Technologies that are essentially small data files placed on your computer, tablet, mobile phone, or other devices (referred to collectively as a “device” that allow us to record certain pieces of information whenever you visit or interact with our sites, Services, applications, messaging, and tools, and to recognize you across devices.

Cookies and Similar Technologies: CompStak uses “cookies.” Cookies are small lines of text/data that are written onto a User’s computer by a website to store that User’s preferences. Most browsers allow you to manage cookies including blocking and deleting them. If you block or delete our cookies, CompStak may not work as well or at all for you. Cookies and similar technologies may be used by our online data partners or vendors to associate activities with other personal information they or others have about you, including by association with your email or home address. We (or service providers on our behalf) may then send communications and marketing to these email or home addresses. You may opt out of receiving this advertising by visiting https://app.retention.com/optout .

Clear gifs (Web beacons): We use a software technology called clear gifs (a.k.a. web beacons), that help us better manage content on our site by informing us what content is effective. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of web users. In contrast to cookies, which are stored on a User’s computer hard drive, clear gifs are embedded invisibly on web pages. We tie the information gathered by clear gifs to personally identifiable information Users submit while they are on the system. We use clear gifs in our HTML-based emails to let us know which emails have been opened by recipients. This allows us to gauge the effectiveness of certain communications and the effectiveness of our marketing campaigns.

Cookies and Interest-Based Advertising: You may stop or restrict the placement of Technologies on your device or remove them by adjusting your preferences as your browser or device permits. The online advertising industry also provides websites from which you may opt out of receiving targeted ads from data partners and other advertising partners that participate in self-regulatory programs. You can access these and learn more about targeted advertising and consumer choice and privacy, at https://thenai.org/opt-out/ http://www.youronlinechoices.eu/ https://youradchoices.ca/choices/ and www.aboutads.info/choices/ To separately make choices for mobile apps on a mobile device, you can download DAA’s AppChoices application from your device’s app store. Alternatively, for some devices you may use your device’s platform controls in your settings to exercise choice.

Please note you must separately opt out in each browser and on each device. Advertisements on third party websites that contain the AdChoices link may have been directed to you based on information collected by advertising partners over time and across websites. These advertisements provide a mechanism to opt out of the advertising partners’ use of this information for interest-based advertising purposes.

Media Widgets: Our Website may include social media features such as the Facebook, Twitter and LinkedIn (that might include widgets such as the share this button or other interactive mini-programs). These features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the feature to function properly. These social media features are either hosted by a third party or hosted directly on our Website. Your interactions with these features are governed by the privacy policy of the company providing it.

We may also use Google Analytics and other vendors to collect information regarding visitor behavior and visitor demographics on some of our Services, and to develop Website content. For more information about Google Analytics, please visit www.google.com/policies/privacy/partners/ You can opt out of Google’s collection and Processing of data generated by your use of the Services by going to http://tools.google.com/dlpage/gaoptout

Member Screen Names: During registration, Members must create a unique screen name that may be publicly attributed (tied) to their use of our system and may be both displayed in our system or shared in public communications. Members should be careful not to include Personal Information in their screen name or post Personal Information about themselves.

Member Passwords: During registration, Members must select a password. Passwords are used to secure Member information and the integrity of the system. We only store a one-way encryption of Member passwords which means passwords cannot be unencrypted by us. Our login page provides a way for Members to obtain access to the system in case they lose or forget their password.

Member Ratings and System Use Information: We use screen names to compile and process historical and statistical information about how and when our Users use the system. Historical and statistical information includes information about selected actions that our Members take while on the system. We may also aggregate and store historical and statistical information for Members or Visitors. System use information is collected, surveyed, evaluated and scored by the system to assess the quality of data. Member actions are effectively confirmed or challenged by the later actions of other Members. We use this evaluation process to maintain our collaborative, self-correcting system and to promote the development of the most accurate, complete and up-to-date data possible. Members are objectively rated by the system based upon their actions.

Our system uses points as an incentive and a point balance will be maintained for each Member based upon system use information. We may also use this information to add, adjust or discontinue certain Services or functionality and to enforce our policies and procedures. Compiled system use information, Member ratings, point balances and information on data submitted may be displayed online and shared along with screen names, both online and in other public communications.

Subscription and Payment Information: Users and Members may be asked to provide payment information (for example, to open a subscription account or to purchase a Comp), such as PayPal, credit card, and/or other payment information needed to process their payments. We may use this information to contact Users and Members about payment processing. Payment information is protected using secure socket layer technology (SSL).

Surveys and Contests: We may provide Users the opportunity to participate in contests or surveys from time to time. Participation in contests or surveys is completely voluntary. If Users choose to participate, we may request certain additional Personal Information. We may use this information to monitor system traffic, supplement, amend and personalize our system, direct advertisements, communicate with participants, develop our products and Services, or conduct market research.

Information from Other Sources: We may receive information about you from other sources, including through third party services and organizations to supplement information provided by you. For example, if you access our Services through a third party application, such as a social networking service, we may collect information about you from that third party application that you have made public via your privacy settings.

3. How We Use Your Personal Information and the Information you Contribute to our Database

Use of Personal Information: We use Personal Information for a variety of internal and service-related purposes, and we may use vendors and suppliers to allow us to offer CompStak. Such purposes include to provide Services or information requested (for example, to manage accounts, respond to questions and requests, and respond to requests for support), administrative purposes (such as to develop new Services, measure interest in Services, and process applications, transactions, and payments), marketing CompStak products and Services (including tailoring and notifying you about content and offers, providing Services, and other reasons with your consent), research and development, and outbound marketing (including by mail, email, and/or telephone in accordance with applicable law). CompStak does not rent, sell, or share Personal Information about you with other people or non-affiliated companies for their independent marketing purposes.

Access to Personal Information: Members may have access to their information through the Login area of our system.

Use of Payment Information: We use and share with our vendors credit card or other payment information for identification and verification purposes and to help facilitate payment processing. We do not share credit card or other payment information with third parties other than to process payments.

Other Use and Sharing: We may create and/or share with third parties non-identifiable and/or aggregated information for a variety of reasons, including in the performance of analysis and evaluation of interest in and use of various portions or features of the Services, research, analytics, marketing services, including evaluating market trends and/or under a joint marketing agreement to provide services that will be of particular interest and relevance, and other legally permissible purposes.

Communicating with our Members: We will typically communicate with our Members using their registered email address. If we cannot reach our Members by email, we may use other contact information such as their address, telephone number, Twitter ID, Instant Messenger ID, Facebook ID and/or LinkedIn ID. We will communicate with Members in accordance with their preferences and in response to inquiries, to provide requested Services and to manage their accounts. We will send Members mandatory service-related announcements and notifications by email when necessary. Members cannot opt-out of these communications, which are not promotional in nature. If Members do not wish to receive them, they have the option of canceling their account. We may broadcast or otherwise distribute important messages to all Users or send individual messages to specific Users where we have appropriate contact information to do so. We also may send information to Members by email about our Services, including special alerts, offers, awards, surveys, contests, promotions and updates. Members will be given the option not to receive these types of communications. We will use email addresses to distribute and collect surveys, notify contest winners and award prizes.

Legal Sharing for Protection of Us, You, and Others: We may disclose Personal Information to third parties who are assisting us in protecting against or preventing actual or potential fraud, unauthorized transactions, claims or other liabilities, or to investigate potential fraudulent or questionable activities. We may disclose Personal Information in response to legal process, such as in response to a court order or a subpoena. We may disclose Personal Information in response to a law enforcement agency’s request, or where we believe it is necessary to investigate, prevent, or take action regarding illegal activities or suspected fraud, violations of our Terms of Use, or as we believe may be otherwise required by law. We may also disclose Personal Information to protect our rights or interests or the rights or interests of others.

Merger or Sale: If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of company assets, or transition of service to another provider, Personal Information and other information we have collected may be treated as an asset and transferred in accordance with this Policy.

Use of Information in the Database: When Members contribute information to the Database, they provide this information so that CompStak may, in CompStak’s sole discretion, disclose such information to other Members and/or third parties for any purpose, including in exchange for payment or other remuneration made by such third parties to CompStak.

Other Uses: We may use Personal Information for any purpose for which we have a legitimate interest, such as direct marketing, individual or market research, anti-fraud protection, or any other purpose disclosed to you at the time you provide Personal Information or with your consent.

4. How We Secure Personal Information

CompStak limits access to Personal Information. We have put in place physical, electronic, and managerial procedures in an effort to safeguard and help prevent unauthorized access, maintain data security, and use correctly the Personal Information we collect from you.

No data transmissions through the Internet or mobile devices, or even the physical transfer of information, can be guaranteed to be completely secure. We cannot eliminate fully all security risks associated with personal information and technical mistakes are possible. We do not ensure or warrant the security of any data or information you transmit to us and you do so at your own risk.

If CompStak learns of a security systems breach, then we may attempt to notify you electronically. You agree that we may communicate with you electronically regarding security, privacy, and administrative issues. We may post a notice on our Website if a security breach occurs. If this happens, you will need a web browser enabling you to view and access CompStak.com. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), you should notify us at: CompStak, Inc., Attn: Legal Department, 675 6th Avenue, Floor 4, New York, NY 10010.

5. Children

Children under the age of 18 are not permitted to use our system. We do not knowingly collect information from or about children.

6. Transfer of Personal Information

The Website and our servers are operated in the United States. Please be aware that any information you provide to us may be transferred into the United States. Personal Information may be accessible to law enforcement or other authorities pursuant to a lawful request. By providing information to CompStak, you consent to the transfer and storage of Personal Information to and in the United States. Please see our Terms of Use for more information.

7. Your Rights

For purposes of the California Consumer Privacy Act, CompStak does not “sell” your Personal Information.

You have the right to make choices regarding certain uses and disclosures of the Personal Information you provide depending on applicable law. Where you have consented to CompStak’s processing of your Personal Information, you may withdraw that consent at any time by contacting us. Even if you withdraw your consent, we may still collect and use non-personal information regarding your activities on our Website and/or information from the advertisements on third party websites for non-interest based advertising purposes.

Upon request and as required by applicable law, we will provide an individual with access to, a copy of, restriction of use of, or correction or deletion of Personal Information that we have collected about them (provided that they have given proof of identity). This can be requested by sending us an email through the email link provided below or writing to us at the below address. Although CompStak makes good faith efforts to provide individuals with access to Personal Information, there may be circumstances in which we are unable to provide access according to applicable law. If CompStak determines that access should be restricted in any particular instance, we will provide you with an explanation of why that determination has been made and a contact point for any further inquiries. If you would like to exercise any of these rights, please log into your account or contact us as set forth below. We will process such requests in accordance with applicable laws. To protect your privacy, CompStak will take commercially reasonable steps to verify your identity before granting access to or making any changes to Personal Information.

California residents have the right not to receive discriminatory treatment by CompStak for the exercise of their rights conferred by the California Consumer Privacy Act

8. Supervisory Authority

If you are located in the European Economic Area, you have the right to lodge a complaint with a supervisory authority if you believe our processing of your Personal Information violates applicable law.

9. Data Retention

CompStak retains the Personal Information we receive as described in this Privacy Policy for as long as you use our Services or as necessary to fulfill the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws.

10. How We May Update Our Privacy Policy

If our information practices change, we will post any adjustments to our Privacy Policy on this Website. If you are concerned about how your information is used, bookmark this page and check back periodically.

11. How to Contact Us

If you have questions or suggestions, please email CompStak atsupport@compstak.com or call (646) 926-6707. Written communication should be sent to CompStak, Inc., 675 6th Avenue, Floor 4, New York, NY 10010.

Fair Information Statement

Effective Date: October 1, 2017

Summary

This Fair Information Statement applies ONLY to the information about commercial properties that is compiled and available on CompStak.com (“CompStak, “We,” or “US”). THIS STATEMENT DOES NOT APPLY TO INFORMATION COLLECTED FROM OR ABOUT OUR MEMBERS OR VISITORS DURING REGISTRATION OR USE OF COMPSTAK.COM. Information collected from or about our Users is covered in our separate Privacy Policy Capitalized terms used and not defined in this policy have the meaning given to them in the Terms of Use

1. Statement Of Principles

CompStak.com is committed to the following principles:

We are open, transparent and fair about our practices and policies with respect to the collection and use of information.

We utilize our Users and leading edge technology to build and maintain the most comprehensive, accurate and up-to-date database possible of information regarding commercial properties, including building information (such as building pictures), completed lease deal information (such as rental rates, leased square footage, tenant names, real estate broker names and salesperson names), sales transaction information (including, but not limited to price, buyer, seller, cap rate and NOI), and related property, tenant and market information. We maintain security measures to reasonably safeguard the data and its use.

We collect information that is necessary for the legitimate business purposes of CompStak® and our Users. We collect information that is obtained lawfully and by fair means, and do not encourage members and users to disclose trade secrets.

We comply with all applicable laws. We will monitor privacy and data protection developments. We encourage Users to respect compliance programs with respect to their own use of CompStak.com.

2. Information Collected

CompStak.com makes the following information about commercial properties available to our Members: lease deal information (which may include, but is not limited to, rental rates, leased square footage, lease terms, floor(s) leased, landlord concessions, tenant names, real estate broker name, salesperson name, etc.), sales transaction information (including, but not limited to price, buyer, seller, cap rate and NOI), and related building information (which may include, but is not limited to, building pictures, landlord name, address, building name, building agent, year built, building class, etc.)

3. Sources Of CompStak.com commercial Property Information

Our Members build and maintain CompStak.com’s Database. CompStak.com may aggregate, supplement or enhance its business information from established, reputable sources and trusted data suppliers. CompStak.com may also collect and include openly and freely available commercial property information itself. Data providers may only contribute information to CompStak.com that they have a legal right to provide.

Information on CompStak.com may be readily available without restriction from any number of different data sources. The following types of information may be reflected in the Database:

Public records: Records created and maintained by government agencies and open for public inspection and use.
Publicly available information: Information that is available to the general public from non-governmental sources.
Non-public available information: Information that is privately owned and is not available to the general public or that is generally offered for a fee for use and redistribution without restriction.
Openly available information: Information that has been made available without restriction by a property’s representatives, typically for their own convenience, competitive advantage, business benefit or other commercial purposes.
Freely available information: Information that is accessible or available on the Internet or from other offline sources.
Derived information: Partial or derived information from any combination of the above sources that is assembled, aggregated, appended, calculated or associated together.

4. Concerns About Data Appearing In the Database

If you have any concerns about data appearing in our Database, you can contact CompStak.com support by email at support@CompStak.com.

5. Online Privacy Policy (Applicable to Members, Users and Visitors)

CompStak.com’s Privacy Policy applies to information collected online from and about our Community members, users and visitors to CompStak.com. For more information, see ourPrivacy Policy.

CompStak Beta Program Terms

Effective Date: June 12, 2026

1. Introduction

Please carefully review these Beta Program Terms (“Beta Terms”) for CompStak, Inc. (“CompStak”, “We”, or “Us”) as they contain important information regarding your legal rights, remedies, and obligations. These Beta Terms apply if you request, access, or use any product, feature, tool, connector, integration, application, dataset, or service that CompStak makes available on a beta, pilot, preview, early-access, evaluation, experimental, or similar pre-release basis (each, a “Beta Offering”), including without limitation CompStak’s Model Context Protocol connectors and other AI-Enabled Betas described in Section 7, together with any CompStak Data, Comps, Reports, outputs, documentation, or other materials made available through a Beta Offering (collectively, “Beta Materials”).

These Beta Terms incorporate by reference the CompStak Terms of Use (the “TOU”) and the CompStak Privacy Policy, each available at https://compstak.com/legal, as they may be updated from time to time. Capitalized terms used but not defined in these Beta Terms have the meanings given to them in the TOU or, where applicable, in the Customer Agreement (as defined below).

2. Legally Binding Agreement; Authority

By clicking “I Agree,” checking the acceptance box, or accessing or using any Beta Offering, you represent and warrant that you have read and understood, and agree to be bound by, these Beta Terms, the TOU, and the Privacy Policy, and that you acknowledge the adequacy of consideration for this agreement. IF YOU DO NOT AGREE TO THESE BETA TERMS, YOU ARE PROHIBITED FROM ACCESSING, AND MUST IMMEDIATELY DISCONTINUE YOUR ACCESS OF, ALL BETA OFFERINGS.

BY ACCESSING A BETA OFFERING, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD AND ARE LEGALLY QUALIFIED TO ENTER INTO AND FORM CONTRACTS UNDER APPLICABLE LAW. If you are using a Beta Offering on behalf of a company, entity, or organization (each a “Subscribing Entity”), then you represent and warrant that you: (i) are an authorized representative of that Subscribing Entity with the authority to bind such entity to these Beta Terms and (ii) agree to be bound by these Beta Terms individually and on behalf of such Subscribing Entity. You further represent and warrant that neither you nor the Subscribing Entity is a CompStak Competitor (as defined in Section 8(B)(ix) of the TOU), nor are you or your Subscribing Entity using any Beta Offering for or on behalf of a CompStak Competitor.

THE TOU CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT APPLY TO THESE BETA TERMS. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.

3. Relationship to Other Agreements; Order of Precedence

a. Supplemental Terms: These Beta Terms supplement, and do not replace, the TOU, the Privacy Policy, and any Master Subscription Agreement, data license agreement, order form, Plan, or other signed written agreement between CompStak and your Subscribing Entity governing access to the Services or CompStak Data (each, a “Customer Agreement”). Except as expressly modified by these Beta Terms with respect to Beta Offerings, the TOU and any Customer Agreement remain in full force and effect, and your use of each Beta Offering is also subject to the Code of Conduct set forth in Section 8 of the TOU.

b. Order of Precedence: In the event of a conflict, solely with respect to access to and use of a Beta Offering during its Beta Period, the order of precedence shall be: (i) any Supplemental Beta Terms (as defined in Section 5); (ii) these Beta Terms; (iii) the Customer Agreement; and (iv) the TOU. For all other access to and use of the Services, the Customer Agreement and the TOU govern.

c. No Amendment of Customer Agreement: These Beta Terms constitute a separate agreement applicable to Beta Offerings and are not, and shall not be construed as, an amendment to any Customer Agreement. Your individual acceptance binds you personally; where you accept on behalf of a Subscribing Entity pursuant to Section 2, these Beta Terms also bind that Subscribing Entity with respect to Beta Offerings. Nothing in these Beta Terms expands any rights under any Customer Agreement except as expressly stated in Section 7.

4. Definitions

a. “AI-Enabled Beta” means any Beta Offering that is designed by CompStak to interoperate with, or be accessed through, an Artificial Intelligence Technology, including without limitation CompStak’s Model Context Protocol servers, connectors, tools, plug-ins, agents, and endpoint (each, an “MCP Connector”).

b. “AI Platform” means a third-party Artificial Intelligence Technology, application, or service with which an AI-Enabled Beta is designated or made compatible by CompStak, including without limitation AI assistants and large language model applications (e.g. Anthropic’s Claude, OpenAI’s Chat GPT, Google’s Gemini, Microsoft’s Copilot, etc.) whether accessed via application, API, or otherwise.

c. “Artificial Intelligence Technologies” means any software, platform, tool, or system designed to ingest, process, analyze, or generate outputs from inputted data using machine learning, large language models, neural networks, generative AI, or similar computational methods, regardless of how such technology is marketed, labeled, or classified, including without limitation tools commonly referred to as “foundation models,” “large language models,” “generative AI,” or “AI assistants,” whether accessed via application, API, or otherwise.

d. “Beta Period” means, for each Beta Offering, the period beginning on the date you first accept these Beta Terms or access that Beta Offering, whichever is earlier, and continuing until the earliest of (i) the date CompStak makes the applicable functionality generally available, (ii) the date CompStak terminates or discontinues that Beta Offering or your participation in it, or (iii) any end date specified by CompStak for that Beta Offering.

e. “Entitled Data” means the CompStak Data that you are individually authorized and entitled to access under your account, your Subscribing Entity’s Customer Agreement, or the TOU, as applicable.

f. “Evaluation Purpose” means your internal testing, evaluation, and provision of Feedback regarding a Beta Offering during its Beta Period, and no other purpose.

g. The terms “CompStak Data,” “Database,” “Services,” “Member,” “Visitor,” “CompStak Competitor,” “Code,” “Plan,” “Master Subscription Agreement,” and “Feedback” have the meanings given to them in the TOU. The terms “Authorized User,” “Comps,” “Reports,” “Derivative Works,” and “Internal AI Environment” have the meanings given to them in the applicable Customer Agreement, if any.

5. Beta Access; Your License to Use

a. License Grant: Subject to your continuous compliance with these Beta Terms, the TOU, and any applicable Customer Agreement, CompStak grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use each Beta Offering during its Beta Period solely for the Evaluation Purpose. Except as expressly set forth herein, these Beta Terms grant you no rights in or to the intellectual property of CompStak or any other party, and Section 11 of the TOU (Intellectual Property) applies to all Beta Offerings and Beta Materials.

b. Scope of Data Access: Your access to CompStak Data through any Beta Offering is limited to your Entitled Data. You shall not access, query, request, or attempt to access, and shall promptly report to CompStak any ability to access, any CompStak Data beyond your Entitled Data, including by circumventing, probing, or exploiting any access control, entitlement, rate limit, or other technical restriction. Access to CompStak Data through a Beta Offering does not expand the scope of any license granted under any Customer Agreement or the TOU.

c. Supplemental Beta Terms: CompStak may post or present additional terms, usage limits, or program rules for a particular Beta Offering (“Supplemental Beta Terms”). Supplemental Beta Terms are incorporated into, and form part of, these Beta Terms with respect to that Beta Offering.

d. Changes; Discontinuation: Beta Offerings are pre-release. CompStak may modify, suspend, limit, or discontinue any Beta Offering, in whole or in part, at any time, with or without notice, with no obligation to release any feature generally or to provide any Beta Offering in any final form, and shall have no liability to you or any third party for doing so.

e. Single-User Access; Account Integrity; No Proxied or Shared Access: Access to each Beta Offering is granted to you alone, as a single, identified individual, and to no other person or system. Your credentials, API keys, OAuth grants, session tokens, and other access mechanisms (collectively, “Access Credentials”) are personal to you. You shall not, directly or indirectly: (i) share, disclose, transfer, lease, or sublicense your Access Credentials, or permit any other person, account, or system to use them; (ii) access a Beta Offering through another person’s Access Credentials; (iii) build, develop, deploy, operate, host, or make available any software, server, proxy, gateway, wrapper, relay, middleware, MCP server, connector, agent, application, integration, or other technology that enables, facilitates, or has the effect of enabling more than one person, account, agent, or system to access, query, or receive data from a Beta Offering through your Access Credentials, account, or session, whether concurrently or sequentially, and whether or not such persons are Authorized Users or employees of your Subscribing Entity; (iv) pool, multiplex, aggregate, cache, or rebroadcast Beta Offering access, requests, responses, or sessions on behalf of, or for redistribution to, any other person or system; or (v) use any Beta Offering on a service bureau, time-sharing, outsourcing, or hosted basis for the benefit of any other person. Each individual who wishes to access a Beta Offering must separately accept these Beta Terms and be issued his or her own Access Credentials by CompStak. Each access of a Beta Offering by a person other than you through your Access Credentials shall constitute a separate breach of these Beta Terms by you. Automated or machine-to-machine access is permitted only through mechanisms designated by CompStak for the applicable Beta Offering and only on your own behalf.

6. Permitted Use; Restrictions

Your use of Beta Offerings for the Evaluation Purpose is the only permitted use. You certify, represent and warrant that you will not violate the following restrictions, which apply in addition to the Code:

a. Evaluation Purpose Only: You shall not use any Beta Offering or Beta Materials (i) in or for any production, commercial, client-facing, or revenue-generating purpose; (ii) to create, support, or inform any deliverable, valuation, report, or work product provided to any third party; or (iii) as a substitute for any generally available Service, in each case unless and to the extent expressly authorized by CompStak in writing.

b. No Bulk Extraction: You shall not, directly or indirectly, and shall not use any Artificial Intelligence Technology, agent, script, or automated means to: (i) extract, export, download, scrape, harvest, or retrieve CompStak Data in bulk or on a systematic, programmatic, or repeated basis; (ii) compile, reconstruct, replicate, or create a copy of all or any substantial portion of the Database or any dataset derived from CompStak Data; (iii) store, cache, or archive CompStak Data obtained through a Beta Offering outside of the session in which it was returned, other than transient, incidental copies created in the ordinary operation of an authorized AI Platform; or (iv) circumvent any query limit, result limit, rate limit, or similar technical control. For clarity, individual queries returning individual Comps or summary analytics for the Evaluation Purpose are permitted; serial or automated querying designed to accumulate CompStak Data is not.

c. No Redistribution: You shall not sell, resell, license, sublicense, distribute, publish, post, transmit, or otherwise make available any Beta Offering or Beta Materials (including any CompStak Data or outputs containing or derived from CompStak Data) to any third party, including in any public forum, public AI tool output, social media, dataset, or data product, without CompStak’s prior written consent. All restrictions in the TOU and the Customer Agreement applicable to CompStak Data, Comps, and Reports (including any limits on distribution of Reports and required attribution) apply equally to Beta Materials.

d. No Competitor Use: You shall not use any Beta Offering or Beta Materials for, at the direction of, or for the direct or indirect benefit of a CompStak Competitor, provide any Beta Materials, directly or indirectly, to a CompStak Competitor, or use any Beta Offering or Beta Materials to build, train, improve, or inform a competitive product or service.

e. No Reverse Engineering: You shall not decompile, disassemble, reverse engineer, decipher, or otherwise attempt to derive the source code, models, prompts, schemas, or underlying components of any Beta Offering, except to the extent such restriction is prohibited by applicable law.

7. AI-Enabled Betas; MCP Connectors

This Section 7 applies whenever a Beta Offering is an AI-Enabled Beta, including any MCP Connector, and applies in addition to all other provisions of these Beta Terms.

a. Limited AI Platform Authorization: AI-Enabled Betas are designed to be used with AI Platforms. Notwithstanding any provision of the TOU or any Customer Agreement that restricts use of the Services or CompStak Data with third parties or third-party Artificial Intelligence Technologies (including any restriction limiting such use to an Internal AI Environment), solely during the applicable Beta Period and solely for the Evaluation Purpose, you are authorized to access your Entitled Data through the applicable AI-Enabled Beta using AI Platforms designated or made compatible by CompStak, subject at all times to these Beta Terms. This authorization is a limited, revocable consent by CompStak under such provisions; it does not waive or amend any such provision for any other purpose, user, technology, or time period; and it terminates automatically upon expiration or termination of the applicable Beta Period or your participation in it.

b. No Model Training: You shall not use, and shall not permit, enable, configure, or instruct any Artificial Intelligence Technology to use, CompStak Data or Beta Materials to train, fine-tune, retrain, distill, ground (other than transient retrieval-augmented generation within an authorized session), or otherwise improve any machine learning or artificial intelligence model, except within an Internal AI Environment as defined in the applicable Customer Agreement, if any. Without limiting the foregoing, you shall not opt in to, and shall affirmatively disable where configurable, any AI Platform setting that permits the AI Platform provider to use your inputs or outputs for model training or improvement.

c. AI Platforms Are Third-Party Services: Your use of any AI Platform is governed by your or your Subscribing Entity’s separate agreement with the AI Platform provider. AI Platforms are Third-Party Sites and services for purposes of Section 14 of the TOU. CompStak does not control, and is not responsible or liable for, any AI Platform, including its availability, security, data handling, retention of conversation history, or outputs. You are responsible for using AI Platform accounts and settings consistent with this Section 7 and your Subscribing Entity’s policies.

d. Outputs Are Not CompStak Representations: You acknowledge that AI Platforms may generate outputs that are inaccurate, incomplete, fabricated, or misattributed, including outputs that misstate, miscalculate, or mischaracterize CompStak Data. Outputs generated by an AI Platform are not CompStak Data verified by CompStak, are not Reports unless expressly designated as such by CompStak, and are not statements, advice, or representations of CompStak. You shall independently verify any output before relying on it and shall not attribute any AI Platform output to CompStak.

e. No Prompt-Based Circumvention: You shall not use prompts, instructions, agents, or workflows designed to cause any Artificial Intelligence Technology to circumvent these Beta Terms, including to extract CompStak Data in bulk, reveal data beyond your Entitled Data, or evade technical controls.

f. No Multi-User AI Deployments: Without limiting Section 5(e), you shall not configure, connect, register, or deploy any MCP Connector or other AI-Enabled Beta (or your Access Credentials thereto) within, into, or behind any multi-user, shared, team, enterprise, or hosted environment — including any shared AI assistant, shared workspace, agent platform, downstream MCP server, orchestration layer, chatbot, internal portal, or customer-facing application — in a manner that enables any person other than you to issue queries to, route requests through, or receive CompStak Data from that AI-Enabled Beta. For the avoidance of doubt, building or operating a service, server, or integration that calls an AI-Enabled Beta using one individual’s Access Credentials in order to serve multiple users is strictly prohibited, regardless of the number of users, whether such users are within your Subscribing Entity, and whether such service is offered for free or for a fee.

8. Confidentiality of Beta Information

The existence, features, functionality, performance, documentation, and evaluation results of each non-public Beta Offering, together with all non-public information made available to you in connection with a beta program (collectively, “Beta Confidential Information”), are the confidential and proprietary information of CompStak. You shall (i) use Beta Confidential Information solely for the Evaluation Purpose; (ii) not disclose Beta Confidential Information to anyone other than personnel of your Subscribing Entity who are participating in the applicable beta program and are bound by confidentiality obligations at least as protective as this Section; and (iii) not publish benchmarks, reviews, screenshots, or descriptions of any non-public Beta Offering without CompStak’s prior written consent. This Section supplements, and does not limit, any confidentiality obligations in the Customer Agreement and your obligations under Section 7 of the TOU to safeguard the Database as proprietary, confidential information of CompStak.

9. Feedback

CompStak may request, and you may provide, Feedback regarding any Beta Offering. All Feedback is governed by Section 17 of the TOU, and you grant CompStak the rights in Feedback set forth therein. You represent that your Feedback does not contain confidential information of your Subscribing Entity or any third party.

10. Data Handling; Monitoring; Deletion

a. Monitoring: CompStak may log, monitor, and audit usage of Beta Offerings, including queries, tool calls, sessions, and volumes of CompStak Data accessed, to administer beta programs, enforce these Beta Terms, secure the Services, and develop and improve its products, consistent with the Privacy Policy and Section 8(D) of the TOU. You agree not to bypass such monitoring and consent to such logging and monitoring.

b. Deletion: Upon the earlier of the end of the applicable Beta Period or CompStak’s written request, you shall (i) cease all use of the applicable Beta Offering; (ii) delete or destroy all Beta Materials and CompStak Data obtained through that Beta Offering that are in your possession or control outside of CompStak’s systems (including exports, files, notes, and locally stored copies) and, to the extent within your control, delete AI Platform conversation histories containing CompStak Data; and (iii) upon request, certify such deletion in writing. This Section does not require deletion of CompStak Data that your Subscribing Entity remains licensed to retain under an effective Customer Agreement, to the extent obtained through generally available Services.

11. Disclaimers

BETA OFFERINGS AND BETA MATERIALS ARE EXPERIMENTAL AND PRE-RELEASE, MAY CONTAIN BUGS, DEFECTS, ERRORS, AND INACCURACIES, MAY BE MODIFIED OR DISCONTINUED AT ANY TIME, AND ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, AVAILABILITY, OR UNINTERRUPTED OR ERROR-FREE OPERATION. NO SERVICE LEVELS, SUPPORT OBLIGATIONS, OR UPTIME COMMITMENTS UNDER ANY CUSTOMER AGREEMENT APPLY TO ANY BETA OFFERING. THE DISCLAIMERS, WAIVERS, AND LIMITATIONS IN SECTION 12 OF THE TOU APPLY TO ALL BETA OFFERINGS AND ARE INCORPORATED BY REFERENCE.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND WITHOUT LIMITING SECTION 12 OF THE TOU: (A) IN NO EVENT SHALL COMPSTAK, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING TO ANY BETA OFFERING, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) THE MAXIMUM AGGREGATE LIABILITY OF COMPSTAK AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS ARISING OUT OF OR RELATING TO BETA OFFERINGS SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100.00). NOTHING IN THESE BETA TERMS LIMITS YOUR LIABILITY FOR BREACH OF SECTIONS 5(B), 5(E), 6, 7, 8, OR 10, OR FOR MISAPPROPRIATION OR INFRINGEMENT OF COMPSTAK’S INTELLECTUAL PROPERTY.

13. Indemnification; Remedies

a. Indemnification: Your indemnification obligations under Section 13 of the TOU apply to your access to and use of Beta Offerings and any breach of these Beta Terms.

b. Equitable Relief; Liquidated Damages: You acknowledge that breach of Sections 5(b), 5(e), 6, 7, 8, or 10 would cause CompStak irreparable harm for which money damages would be inadequate, and CompStak shall be entitled to seek injunctive and other equitable relief without posting bond, in addition to all other remedies. You further acknowledge that the liquidated damages provision of Section 8(D) of the TOU applies to breaches of the Code and the TOU in connection with your use of any Beta Offering.

14. Term; Suspension; Termination; Survival

a. By You: You may terminate your participation in any beta program by discontinuing all use of the applicable Beta Offering and notifying CompStak at legal@compstak.com.

b. By CompStak: CompStak may suspend or terminate your access to any or all Beta Offerings, or terminate these Beta Terms, at any time, for any reason or no reason, with or without notice, and without liability to you or any third party.

c. Survival: Sections 1, 3, 4, 5(b), 5(e), 6, 7(b), 7(d), 7(f), 8, 9, 10, 11, 12, 13, 14(c), and 15 of these Beta Terms survive termination or expiration, together with any provisions of the TOU that survive under Section 15(C) of the TOU.

15. Changes to These Beta Terms; Dispute Resolution; Miscellaneous

a. Changes: COMPSTAK RESERVES THE RIGHT TO CHANGE THESE BETA TERMS AT ANY TIME. Changed Beta Terms will be indicated by the version number and effective date at the top of these Beta Terms, and CompStak will require re-acceptance of materially changed terms through the same click-acceptance mechanism. If you do not agree to such changes, you must immediately discontinue all access to Beta Offerings.

b. Binding Arbitration; Class Action Waiver; Governing Law: Section 16 of the TOU (Binding Arbitration, Class Action Waiver, Venue and Jurisdiction), including its New York governing law and exclusive New York, New York forum provisions, is incorporated by reference and governs any Dispute arising under or relating to these Beta Terms; provided that, if a Customer Agreement contains a dispute resolution or governing law provision, that provision shall govern Disputes between CompStak and the Subscribing Entity.

c. Records of Acceptance: CompStak will maintain records of your acceptance of these Beta Terms, including your user identifier, the date and time of acceptance, and the version accepted, and you agree such records are admissible evidence of these Beta Terms.

d. Miscellaneous: Section 18 of the TOU (Miscellaneous) applies to these Beta Terms, mutatis mutandis. These Beta Terms, together with the documents incorporated by reference herein and any Supplemental Beta Terms, constitute the entire agreement between you and CompStak with respect to Beta Offerings and supersede any prior or contemporaneous communications on the subject matter. If any provision is held unenforceable, it shall be severed and the remainder shall remain in effect. You may not assign these Beta Terms; CompStak may assign them without notice. No failure to enforce is a waiver.

CompStak Terms of Use

1. Introduction

2. Legally Binding Agreement

3. Eligibility

4. Privacy Policy; Changes to Agreement

5. Member Registration, User Name, and Points

6. Subscription Accounts

7. Your License to Use

8. Code of Conduct

9. Your Creative Content

10. The Commercial Real Estate Data and Information Available On the Services

11. Intellectual Property

12. Disclaimers; Limitation of Liability; Third Party Disputes

13. Indemnification

14. Third Party Websites

15. Termination

16. Binding Arbitration, Class Action Waiver, Venue and Jurisdiction

17. Feedback

18. Miscellaneous

CompStak Privacy Policy

Introduction

1. Scope of Privacy Policy

2. The Information We Collect, Our Cookie Policy

3. How We Use Your Personal Information and the Information you Contribute to our Database

4. How We Secure Personal Information

5. Children

6. Transfer of Personal Information

7. Your Rights

8. Supervisory Authority

9. Data Retention

10. How We May Update Our Privacy Policy

11. How to Contact Us

Fair Information Statement

Summary

1. Statement Of Principles

2. Information Collected

3. Sources Of CompStak.com commercial Property Information

4. Concerns About Data Appearing In the Database

5. Online Privacy Policy (Applicable to Members, Users and Visitors)

CompStak Beta Program Terms

1. Introduction

2. Legally Binding Agreement; Authority

3. Relationship to Other Agreements; Order of Precedence

4. Definitions

5. Beta Access; Your License to Use

6. Permitted Use; Restrictions

7. AI-Enabled Betas; MCP Connectors

8. Confidentiality of Beta Information

9. Feedback

10. Data Handling; Monitoring; Deletion

11. Disclaimers

12. Limitation of Liability

13. Indemnification; Remedies

14. Term; Suspension; Termination; Survival

15. Changes to These Beta Terms; Dispute Resolution; Miscellaneous