Terms of Service

These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and AccountTECH, Inc. (“AccountTECH,” “we,” “us,” or “our”), concerning your access to and use of the Darwin Cloud platform and related services, including accounttech.com and any associated applications, integrations, or portals (collectively, the “Service” or “Site”). AccountTECH is incorporated in the State of Massachusetts, United States, with its principal operations based in Boston, Massachusetts. You agree that by accessing the Service, you have read, understood, and agree to be bound by all of these Terms of Service. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICE AND YOU MUST DISCONTINUE USE IMMEDIATELY. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms, and you waive any right to receive specific notice of each such change. Your continued use of the Service after the date such revised Terms are posted constitutes your acceptance of the changes. The Service is intended for users who are at least 18 years old and are authorized representatives of real estate brokerages or related businesses. Persons under the age of 18 are not permitted to use or register for the Service.

Unless otherwise indicated, the Service is our proprietary property and all source code, databases, functionality, software, platform designs, audio, video, text, photographs, and graphics on the Service (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by AccountTECH or licensed to us, and are protected by copyright and trademark laws of the United States and international conventions. The Content and Marks are provided “AS IS” for your use only pursuant to a valid subscription. No part of the Service and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever without our express prior written permission.

By using the Service, you represent and warrant that:

• All registration information you submit will be true, accurate, current, and complete.
• You will maintain the accuracy of such information and promptly update such registration information as necessary.
• You have the legal capacity to agree to these Terms and comply with them.

• You will not access the Service through automated or non-human means, whether through a bot, script, or otherwise, except as expressly permitted by AccountTECH.
• You will not use the Service for any illegal or unauthorized purpose.
• Your use of the Service will not violate any applicable law or regulation.

You may be required to register with the Service. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable. You may not share credentials or allow others to access your account. Each user must maintain a unique, personal login.

Access to Darwin Cloud requires a paid subscription. By providing payment information, you authorize AccountTECH to charge the applicable subscription fees. All fees are non-refundable except as required by law or as expressly stated in a separate written agreement. AccountTECH reserves the right to modify pricing upon reasonable notice. Failure to pay fees may result in suspension or termination of your access to the Service.

You may not access or use the Service for any purpose other than that for which we make the Service available. As a user of the Service, you agree not to:

• Systematically retrieve data or other content from the Service to create or compile a collection, database, or directory without written permission.
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
• Circumvent, disable, or otherwise interfere with security-related features of the Service.
• Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use of the Service.
• Use the Service in a manner inconsistent with any applicable laws or regulations.
• Share or transfer your account credentials to any third party.
• Attempt to reverse engineer, decompile, or disassemble any component of the Darwin Cloud platform.

The Service may invite you to submit data, information, or content in connection with your use of the platform. Any submissions you make remain your property; however, by submitting data to the Service, you grant AccountTECH a limited license to use such data solely for the purpose of providing the Service to you. You represent that you have all rights necessary to grant this license and that your submissions do not infringe any third-party rights.

By submitting suggestions, feedback, or other communications regarding the Service, you grant AccountTECH a non-exclusive, royalty-free, perpetual, irrevocable license to use and incorporate such feedback into the Service without compensation or attribution to you.

The Service may contain links to third-party websites and services. Such links are provided for your convenience only. AccountTECH has no control over the content of those sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. We encourage you to review the terms and privacy policies of any third-party services you access through the Service.

We reserve the right, but not the obligation, to: monitor the Service for violations of these Terms; take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms; refuse, restrict access to, limit the availability of, or disable any user’s contributions or access; and otherwise manage the Service in a manner designed to protect the rights and property of AccountTECH and to facilitate its proper functioning.

We care about data privacy and security. Please review our Privacy Policy at https://auth.darwin.cloud/privacy-policy.html. By using the Service, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Service. Please be advised the Service is hosted in the United States. If you access the Service from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Service, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.

AccountTECH maintains a comprehensive information security program and undergoes annual SOC 2 Type II audits conducted by an independent third-party auditor. Our security controls are designed to protect the confidentiality, integrity, and availability of your data. In the event of a security incident affecting your data, AccountTECH will notify affected customers in accordance with applicable law and our incident response procedures. Upon termination of your subscription for any reason, AccountTECH will make your data available for export for a period of thirty (30) days, after which your data may be permanently deleted. To request our SOC 2 report or to report a security concern, contact compliance@accounttech.com.

These Terms of Service shall remain in full force and effect while you use the Service. We may terminate or suspend your account and access to the Service, in our sole discretion, immediately and without notice, for conduct that we believe violates these Terms of Service or is harmful to other users of the Service, us, or third parties, or for any other reason. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including civil, criminal, and injunctive redress.

These Terms of Service and your use of the Service are governed by and construed in accordance with the laws of the Commonwealth of Massachusetts applicable to agreements made and to be entirely performed within the Commonwealth of Massachusetts, without regard to its conflict of law or choice of law provisions. Any legal proceedings shall be brought exclusively in the state or federal courts located in Suffolk County, Massachusetts.

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Service (“Dispute”), any Dispute will be finally and exclusively resolved by binding arbitration. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either party. The arbitration shall take place in Boston, Massachusetts, unless the parties mutually agree otherwise. The parties agree that any arbitration shall be limited to the Dispute between the parties individually. THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS.

There may be information on the Service that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.

THE SERVICE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SERVICE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS.

IN NO EVENT WILL ACCOUNTTECH OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID BY YOU TO ACCOUNTTECH DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $500.00.

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Service; (3) breach of these Terms of Service; (4) any breach of your representations and warranties set forth in these Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Service with whom you connected via the Service.

We will maintain certain data that you transmit to the Service for the purpose of managing the performance of the Service, as well as data relating to your use of the Service. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Service. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

Visiting the Service, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Service, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICE.

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

These Terms of Service and any policies or operating rules posted by us on the Service or in respect to the Service constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision. These Terms of Service operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and AccountTECH as a result of these Terms or use of the Service.

In order to resolve a complaint regarding the Service or to receive further information regarding use of the Service, please contact us at: AccountTECH, Inc. Boston, Massachusetts, United States Email: support@accounttech.com Website: https://accounttech.com For security-related matters or to request our SOC 2 report: Email: compliance@accounttech.com

© 2026 AccountTECH, Inc. All rights reserved. Darwin Cloud is a trademark of AccountTECH, Inc.