Terms of Service

Effective: October 30, 2025

1) Overview

These Terms of Service ("Terms") govern your access to and use of a tenant-branded commercial real estate workspace and related websites, apps, and services powered by BKV Productions LLC technology (the "Service"). By using the Service, you agree to these Terms.

2) Relationship of the parties

The organization that configures, subscribes to, presents, or invites you into the Service ("Tenant") operates the tenant workspace. BKV Productions LLC ("BKV") provides underlying technology and related support services. The Tenant is responsible for its tenant workspace, users, real estate services, listings, communications, brokerage activity, compliance obligations, and all tenant content submitted, published, or generated through the Service. If you are using the Service for a Tenant’s commercial real estate business, you acknowledge that BKV processes your information at the Tenant’s direction and that the Tenant may access and use your content consistent with its business purposes and applicable law.

3) Tenant services and professional responsibility

BKV is not a real estate broker, agent, appraiser, valuation provider, attorney, accountant, lender, or fiduciary for Tenant users. Commercial real estate advice, pricing guidance, valuations, listing content, agency relationships, regulatory compliance, client communications, and transaction decisions are the Tenant’s responsibility. The Tenant is responsible for reviewing all information and outputs before using them with clients, prospects, counterparties, regulators, or the public.

4) Eligibility and acceptable use

• You must be at least 13 years old to use the Service.
• You will comply with our Acceptable Use Policy and not upload unlawful content, malware, or material that infringes others’ rights.
• Do not upload sensitive personal information (e.g., SSNs, bank statements, health data). If you upload such content, you represent you have the right to do so and instruct us to process it to provide the Service.

5) Accounts and content

• Keep your login credentials confidential. You are responsible for your account activity.
• You retain ownership of content you submit. You grant BKV and the applicable Tenant a non-exclusive license to host, process, transmit, display, review (including human-in-the-loop), and create non-identifying aggregates/derivatives to provide and improve the Service.
• We may remove content that violates these Terms or the law.

6) AI, parsing, and third-party services

The Service may send your content to third-party services (e.g., AWS Textract, Llama Parse, OpenAI, Anthropic, Google/Gemini, Microsoft Azure, Google Cloud Platform, Vercel, Supabase, DigitalOcean, and others added over time) to perform requested processing. We request that such providers not use customer content for training where controls are available, but we cannot guarantee third parties’ independent practices. AI-generated outputs may be inaccurate; you are solely responsible for reviewing and relying on results.

7) Fees, renewals, refunds, and taxes

• Fees: You will pay fees for any paid products/services/subscriptions as presented at checkout or in an order form. Unless otherwise stated, subscriptions auto-renew for the then-current term.
• Cancellation: You may cancel renewals at any time, effective at the end of the current term. No refunds or credits for partial periods.
• Refunds: All fees are non-refundable unless required by law.
• Late amounts: Overdue amounts accrue the lesser of 1.5% per month or the maximum rate permitted by law, plus reasonable collection costs.
• Taxes: Fees are exclusive of taxes. You are responsible for applicable taxes, duties, and charges (excluding BKV’s income taxes).
• Chargebacks: You are responsible for chargeback fees and related costs for invalid or fraudulent disputes.

8) Intellectual property

The Service and its content (other than user content) are owned by BKV or its licensors and are protected by law. No rights are granted except as expressly stated in these Terms.

9) Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, BKV DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. BKV DOES NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT RESULTS WILL BE ACCURATE OR RELIABLE.

10) Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BKV WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BKV’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE LESSER OF (A) $100 OR (B) THE TOTAL AMOUNTS PAID BY YOU TO BKV FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY. THESE LIMITATIONS APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY.

11) Indemnity

You will defend, indemnify, and hold harmless BKV and its affiliates, officers, directors, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from your content, your use of the Service, the Tenant’s operation or use of its workspace, tenant-provided services or content, or your violation of these Terms or applicable law.

12) Arbitration, class action waiver, governing law

Governing law: Colorado law, without regard to conflict of law rules, and the U.S. Federal Arbitration Act governs the interpretation and enforcement of the arbitration provisions. Any dispute will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The seat of arbitration is Denver, Colorado. The language of the arbitration is English. You and BKV waive any right to a jury trial. Class actions and class arbitrations are not permitted; disputes must be brought on an individual basis. Either party may seek injunctive relief in court to protect intellectual property or confidential information. Small claims court remains available.

13) Termination

We may suspend or terminate access to the Service for any violation of these Terms or where required by law. Upon termination, your right to use the Service ceases immediately.

14) Changes

We may modify these Terms from time to time. The “Effective” date above reflects the latest revision. Your continued use after changes become effective constitutes acceptance.

15) Contact

Questions about these Terms: bderkhan@bkv.tech.