Terms of Service

Effective September 17, 2026 · Last updated September 17, 2026

Preliminary. These terms are under legal review and may be updated before paid plans open. Questions: [email protected].

These Terms of Service ("Terms") are an agreement between you and Jason Brents, doing business as Freshet ("Freshet," "we," "us"), located at 2611 Willowdale Dr., El Dorado Hills, CA 95762. They govern your use of getfreshet.com, the Freshet app, our emails and alerts, downloadable files, and any related services (together, the "Service").

By creating an account, starting a subscription, or using the Service, you agree to these Terms. If you use the Service for a company, you confirm that you have authority to bind that company, and "you" includes the company.

Please read Section 17 carefully. It requires most disputes to be resolved by individual arbitration, not in court or as a class action. You can opt out within 30 days.

1. Who the Service is for

The Service is a business-to-business information product for real estate investors and related professionals. You must be at least 18 years old and use the Service only for business purposes. It is not offered for personal, family or household use.

2. Accounts

Give us accurate signup information and keep it current. Keep your login private. You are responsible for activity under your account. Each paid seat is for one named person; do not share logins. Tell us promptly at [email protected] if you think your account has been accessed without permission.

3. Subscriptions, billing and renewal

• Plans. Paid plans, prices and included features are described on our pricing page at the time you subscribe. Free plans, such as the weekly email, may change or end at any time.
• Automatic renewal. Paid plans renew automatically at the end of each billing period (monthly or annual) at the then-current price for your plan, and your payment method is charged unless you cancel before the renewal date. We will describe the renewal terms clearly before you subscribe and send you a confirmation that explains how to cancel. For annual plans, we will send a reminder before renewal as required by law.
• Payments. Payments are processed by Stripe, Inc. We do not store your full card number. You authorize us and Stripe to charge your payment method for all fees and applicable taxes.
• Founding-member pricing. Where offered, a founding-member discount stays with your subscription for as long as it stays active and in good standing, on the same plan. It ends if you cancel, if your subscription lapses for non-payment, or if you change plans, unless we say otherwise in writing.
• Price changes. We may change prices for future billing periods. We will notify you at least [30] days before a price increase takes effect for your subscription, and you may cancel before it does.
• Taxes. Prices do not include sales, use or similar taxes. Where we are required to collect tax, it will be added to your invoice.
• Failed payments. If a payment fails, we may retry it and may suspend paid features until it succeeds.
• Flat fees only. Our fees are subscription fees for access to information. We do not charge, and will not accept, any fee, commission, finder's fee or other payment that depends on whether you buy, sell, list, finance or close on any property.

4. Cancellation and refunds

You can cancel at any time from your account settings or billing portal at getfreshet.com/billing, or by emailing [email protected]. Cancellation takes effect at the end of your current billing period, and you keep access until then. Except where required by law, fees already paid are not refunded, including for partial periods. New subscribers may request a full refund within 7 days of their first paid charge.

5. What the data is, and is not

The Service combines public records (for example, municipal parcel, code enforcement, condemnation, tax and sales records) with scores, estimates and other outputs generated automatically by our software ("Estimates"). Estimates include distress scores, estimated after-repair values, estimated repair ranges, suggested maximum offers and comparable sales.

• Not an appraisal or BPO. Estimates are automated computations. They are not an appraisal, an appraisal review, a broker price opinion, a comparative market analysis prepared by a licensee, or an inspection. No licensed appraiser or real estate broker prepares them. Do not use them where an appraisal or valuation by a licensed professional is required, including for lending decisions.
• Not advice. The Service is not investment, financial, legal, tax, real estate brokerage or construction advice. We are not a real estate broker, and we do not represent you or anyone else in any transaction.
• Your decision. You are solely responsible for your own due diligence, including inspecting properties, checking title, liens and taxes, verifying occupancy and condition, and consulting qualified professionals before making any offer or decision.
• Photos. Property photos come from public sources and may be old or may not show current condition.

6. Not a consumer reporting agency

We are not a "consumer reporting agency," and the Service does not provide "consumer reports," as those terms are defined in the federal Fair Credit Reporting Act (FCRA) and similar state laws, including California's Consumer Credit Reporting Agencies Act and Investigative Consumer Reporting Agencies Act. The data is about properties, not about individuals' creditworthiness, character or eligibility.

You agree not to use the Service, or any information from it, in whole or in part, as a factor in deciding any person's eligibility for:

• credit, loans or insurance;
• employment;
• renting or leasing housing, including tenant screening;
• a government license or benefit; or
• any other purpose covered by the FCRA or similar law.

If you use the Service for any such purpose, you are in breach of these Terms, and we may end your access immediately.

7. Fair housing and non-discrimination

You must not use the Service to discriminate against any person, or to target, exclude, steer or treat people differently, on the basis of race, color, religion, sex, sexual orientation, gender identity, national origin, ancestry, familial status, disability, source of income, age, marital status, military or veteran status, or any other characteristic protected by the federal Fair Housing Act, the Equal Credit Opportunity Act, California's Fair Employment and Housing Act and Unruh Civil Rights Act, Ohio law, or any other applicable law. The Service does not include, and we do not intend to provide, any data about those characteristics.

8. Your outreach and compliance duties

You are solely responsible for how you contact property owners and anyone else, and for following every law that applies to you. This includes, without limitation:

• Calls and texts. The Telephone Consumer Protection Act (TCPA), the national and state Do Not Call registries, state telemarketing and mini-TCPA laws, and rules on autodialers, prerecorded or artificial voice messages, and consent for texts.
• Email. The CAN-SPAM Act and similar laws.
• Mail and in-person contact. Laws on solicitation, including laws that protect homeowners in foreclosure or tax delinquency, and equity-purchase and foreclosure-rescue laws.
• Wholesaling and licensing. State and local laws on wholesaling, assignment of contracts, marketing an interest in property you do not own, disclosures to sellers and buyers, and real estate licensing, including Ohio law and the law of any other state where you do business.
• Privacy. Privacy and data-protection laws that apply to your use of any personal information.

The Service does not provide telephone numbers or email addresses for individual owners, and we do not place calls, send texts or send mail to property owners on your behalf.

9. License and restrictions

While your subscription is active and you follow these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access the Service and use its data for your own internal business purposes. Data you download (for example, CSV exports) may be kept and used only for those purposes.

You may not, and may not help anyone else to:

• sell, resell, rent, sublicense, publish, redistribute or otherwise make available the data or Estimates, in whole or in substantial part, to any third party, including as part of a list, database, lead product or competing service;
• scrape, crawl, spider or use bots or other automated means to access or copy the Service, except for exports we provide;
• bypass or interfere with access controls, rate limits, seat limits or security features;
• reverse engineer, decompile or copy our scoring or valuation methods, except where that restriction is prohibited by law;
• use the Service to build, train or improve a competing product or a machine-learning model;
• combine the data with other information to identify, profile or locate individual people, or to add personal contact information about individual owners (skip tracing) in violation of law or these Terms; or
• remove or obscure any notices or disclaimers.

You may share individual deal details with your own business partners, lenders, contractors or advisors who need them for a specific deal you are evaluating, as long as you do not share data in bulk and you remain responsible for their use.

We and our licensors keep all rights in the Service, including software, design, scores, Estimates and the compilation of data. Underlying public records remain public; these Terms cover our compilation, enhancements and presentation of them.

10. Seat limits and exclusive plans

Where a plan is described as limited to a number of seats in a ZIP code cluster, we will not sell more than that number of seats of that plan for that cluster while your subscription is active. This limit applies only to that plan. It does not stop us from offering other plans that cover the same area, and it does not stop others from obtaining the same public records elsewhere. Early-alert timing is a goal, not a guarantee.

11. Acceptable use

Do not use the Service to break any law, to harass, threaten or defraud anyone, to mislead property owners about who you are or what a property is worth, to send spam, or to upload malicious code. Do not use the Service in any way that could harm the Service or other users.

12. Accuracy disclaimer

Public records often contain errors, delays and omissions, and our software may misread or mis-match them. Scores and Estimates are based on models and assumptions that may be wrong for any specific property. Data may be out of date, incomplete or unavailable at times, including when a public source changes or goes offline. We do not verify records against the physical property. We may change, add or remove data sources, fields and methods at any time.

13. Disclaimer of warranties

To the fullest extent permitted by law, the Service, data and Estimates are provided "as is" and "as available," without warranties of any kind, express or implied, including warranties of accuracy, completeness, timeliness, merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant that the Service will be uninterrupted, error-free or secure, or that any property will produce any particular result.

14. Limitation of liability

To the fullest extent permitted by law: (a) we will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost deals, lost data, or losses from any investment or transaction, even if we were told they were possible; and (b) our total liability for all claims relating to the Service or these Terms will not exceed the greater of the amount you paid us in the 12 months before the event giving rise to the claim, or one hundred U.S. dollars ($100).

These limits apply to every theory of liability and are part of the basis of our pricing. Some jurisdictions do not allow certain limits, so some of them may not apply to you. Nothing in these Terms limits liability that cannot be limited by law, such as liability for fraud or willful misconduct.

15. Indemnity

You will defend, indemnify and hold harmless Jason Brents, doing business as Freshet and its owners, officers, contractors and agents from any claims, damages, losses, fines, penalties, costs and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Service or the data; (b) your outreach to, or dealings with, any property owner, occupant, buyer, seller or other person; (c) your violation of these Terms; or (d) your violation of any law, including the TCPA, CAN-SPAM, the FCRA, fair housing laws and wholesaling or licensing laws. We may take part in the defense with our own counsel at our own cost. You may not settle a claim that imposes any obligation on us without our written consent.

16. Suspension and termination

We may suspend or end your access at any time if you breach these Terms, if your use creates legal risk for us or others, or if required by law. If we end a paid subscription without cause, we will refund the unused portion of any prepaid fees. If we end it because you breached these Terms, no refund is due. Sections 5 through 9 and 12 through 22 survive termination. When your access ends, you must stop using the Service; you may keep data you exported earlier only for your own internal business use under Section 9.

17. Arbitration and class waiver

Informal resolution first

Before starting arbitration or any court case, the party with the claim must send a written notice describing it to the other party (for us, at [email protected] and 2611 Willowdale Dr., El Dorado Hills, CA 95762) and try in good faith to resolve it for at least 30 days.

Binding arbitration

Except as described below, any dispute, claim or controversy arising out of or relating to these Terms or the Service will be resolved by final and binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator. The Federal Arbitration Act governs this Section. The arbitration will take place in El Dorado County, California, or by video or written submissions if the parties agree. The arbitrator may award any individual relief a court could award. Judgment on the award may be entered in any court with jurisdiction.

Exceptions

Either party may bring an individual claim in small claims court if it qualifies. Either party may seek an injunction in court to stop actual or threatened misuse of intellectual property or the data, including scraping or resale.

Class action waiver

You and we each agree to bring claims only in an individual capacity, and not as a plaintiff or class member in any class, collective, consolidated or representative proceeding. The arbitrator may not consolidate claims or preside over any representative proceeding.

If this class waiver is found unenforceable for a claim, that claim must be decided in court, not arbitration, and the rest of this Section still applies to other claims.

30-day opt-out

You can opt out of this Section 17 by emailing [email protected] within 30 days after you first accept these Terms, with the subject line "Arbitration Opt-Out" and your name, account email and a statement that you opt out of arbitration. Opting out does not affect any other part of these Terms. If you opt out, Section 18 governs where disputes are heard.

18. Governing law and venue

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules, and by applicable federal law. Subject to Section 17, the state and federal courts located in El Dorado County, California have exclusive jurisdiction, and you and we consent to venue there.

19. Changes to these Terms

We may update these Terms. If a change is material, we will notify you by email or in the app at least [14] days before it takes effect. Changes will not apply retroactively. If you do not agree with a change, you may cancel before it takes effect. Continuing to use the Service after a change takes effect means you accept it. We will not change Section 17 for a dispute you have already notified us about.

20. General terms

• Entire agreement. These Terms, our Privacy Policy and any order or plan description are the entire agreement between you and us about the Service.
• Severability. If any part is unenforceable, the rest stays in effect.
• No waiver. Not enforcing a term is not a waiver.
• Assignment. You may not transfer these Terms without our consent. We may transfer them in connection with a merger, reorganization or sale of the business, including to a successor entity we form.
• Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control, including outages or changes at public data sources or service providers.
• Notices. We may send notices to the email on your account. You must send legal notices to the contact below.
• Independent parties. No partnership, agency, joint venture or employment relationship is created.
• Export and sanctions. You may not use the Service in violation of U.S. export or sanctions laws.

21. Contact

Jason Brents, doing business as Freshet
2611 Willowdale Dr., El Dorado Hills, CA 95762
Support: [email protected]
Legal notices: [email protected]

22. California users

Under California Civil Code Section 1789.3, California users may 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, CA 95834, or by telephone at (800) 952-5210.