Terms of Service

Last updated: December 2024

1. Introduction

Thank you for using the OMGPT platform. These Terms of Service ("Terms") govern the relationship between OMGPT ("OMGPT," "we," "our") and the individual or entity ("Customer," "You," "Your") using or accessing our services, applications, or platform through our website available at OMGPT.com (the "Site"), or by any other means (collectively, the "Services"). These Terms explain your rights regarding marketing materials, property analysis, and other outputs you generate using the Service (the "Assets"), any inputs you provide (the "Inputs"), your use of the Services, and other important topics such as arbitration. Our Privacy Policy outlines how we handle your data and can be found here.

Please carefully review these Terms, along with our Privacy Policy and all other documents referenced in these Terms, including any Subscription Plans and Community Guidelines. Together with these Terms, these documents form a single, binding agreement between us (the "Agreement").

This Agreement is effective when the Customer is presented with this Agreement and proceeds to use or access the Services (the "Effective Date") or generates, receives, or distributes Assets. We may update this Agreement from time to time, and any updates will be presented to the Customer. Continued use of the Services constitutes acceptance of the updated Terms. If You do not agree to this Agreement, please stop using or accessing the Services immediately.

OMGPT transforms the way you create commercial real estate marketing materials through advanced AI technology. Our platform offers powerful tools to analyze property data, generate professional presentations, and create institutional-quality marketing deliverables including offering memorandums, leasing fliers, case studies, and closed deal presentations with remarkable precision. While our AI provides sophisticated property analysis and design capabilities, it complements rather than replaces professional real estate expertise. Users should exercise their judgment when making investment decisions and consider consulting with qualified real estate professionals for complex property evaluations.

2. Information We Collect

OMGPT collects a variety of information to provide and improve its Services. Personal Data includes information you provide directly, such as your email address, user name, organizational details like your company title, and property descriptions, investment analysis queries, and marketing material data input into the Services. We may also collect technical information, including your IP address, usage data, and data gathered through tracking technologies like cookies. Additionally, we collect information you share through surveys or communications with OMGPT.

Usage Data is automatically collected and includes details about your device and browsing activity, such as browser type, operating system, and screen resolution, as well as information about the features of the Services you use, the duration of usage, and the pages or functionalities accessed. Tracking technologies such as cookies and web beacons are employed to monitor user activity, improve the user experience, deliver personalized content, and ensure functionality.

OMGPT uses the collected Personal Data for multiple purposes, including providing, maintaining, and enhancing our Services, managing your account and access to functionalities, and fulfilling contractual obligations such as purchases or other agreements. We may contact you via email, phone, SMS, or app notifications to share updates, security alerts, or Service-related information. Additionally, we may provide you with news, promotions, and information about products and services similar to those you have purchased or inquired about, unless you opt out.

3. Description of Service

OMGPT presents a groundbreaking solution for creating professional marketing materials in the commercial real estate industry. Leveraging cutting-edge AI technology, OMGPT empowers real estate professionals to effortlessly transform property descriptions into sophisticated marketing deliverables. Whether you seek detailed property analysis, institutional-quality design, or comprehensive marketing materials including offering memorandums, leasing fliers, case studies, and closed deal presentations, OMGPT offers a diverse array of tools tailored to meet your professional requirements and presentation standards.

Our platform simplifies the marketing material creation process, enabling users to generate professional presentations with ease. From contemporary design themes to comprehensive financial analysis, OMGPT serves as your creative partner, providing AI-powered insights and delivering personalized marketing materials that reflect institutional-quality standards for your commercial properties.

4. AI Credits and Usage

OMGPT operates on a credit-based system where AI credits are consumed for various platform activities:

  • 1 credit per AI property analysis generation
  • 1 credit per marketing material page generation (offering memorandums, leasing fliers, case studies, closed deal presentations)
  • 1 credit per page edit or modification
  • Asset uploads and image analysis are included at no additional credit cost

Credits are allocated monthly based on your subscription plan and do not roll over to subsequent months. You are responsible for monitoring your credit usage through your account dashboard. If you exceed your monthly credit allocation, you may need to upgrade your plan or wait until the next billing cycle to continue using AI-powered features.

5. Service Availability and Quality

We are constantly improving the Services to make them better. The Services are subject to modification and change, including but not limited to the analysis methodology of Assets, the algorithms used to generate the Assets, and features available to the Customer. No guarantees are made with respect to the Services' quality, stability, uptime, or reliability. Please do not create any dependencies on any attributes of the Services or the Assets. We will not be liable to You or Your downstream customers for any harm caused by Your dependency on the Service.

Both the Services and the Assets are provided to the Customer on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Assets and assume any risks associated with the use of the Services.

6. Payment and Billing

We may invoice You for Your use of the Services through a third-party payment service provider, including but not limited to Stripe. The terms of service of the third-party payment provider shall govern and supersede this Agreement in the event of a conflict, but only with respect to payment processing. By using the Services, You agree to provide accurate and complete payment information and authorize OMGPT or its payment service providers, such as Stripe, to charge the applicable fees to the payment method You provide.

You may cancel Your subscription plan at any time through the account management section of the Site. Upon cancellation, Your access to the Services will remain active until the end of the current subscription period. No refunds will be issued for the remaining duration of the subscription period; however, You will not incur any additional charges after the subscription period ends.

7. No Refunds Policy

IMPORTANT: ALL SALES ARE FINAL. NO REFUNDS WILL BE PROVIDED UNDER ANY CIRCUMSTANCES. Once any AI-powered processing or marketing material generation has commenced—including property analysis or page generation—no refunds will be issued.

By purchasing any subscription or service, you acknowledge and agree that:

  • All payments are non-refundable and non-transferable
  • No refunds will be provided for unused portions of subscriptions
  • No refunds will be provided for unused AI credits
  • No refunds will be provided for dissatisfaction with service quality
  • No refunds will be provided for technical issues, downtime, or service interruptions
  • No refunds will be provided if your account is terminated for violations

8. AI-Generated Content Disclaimer

OMGPT uses artificial intelligence to generate property analysis and marketing materials. You acknowledge and understand that:

  • AI-generated content may contain inaccuracies, errors, or omissions
  • Property data and analysis may be outdated, incomplete, or incorrect
  • OMGPT makes no warranties about the accuracy of any AI-generated analysis or financial calculations
  • You are solely responsible for verifying all information before making business or investment decisions
  • OMGPT is not liable for any financial losses resulting from reliance on AI-generated content
  • Property valuations and financial analysis are estimates only and should not be considered professional appraisals or investment advice
  • Market conditions change rapidly and our analysis may not reflect current conditions

You use all AI-generated content at your own risk and must independently verify any information before relying on it for business or investment decisions.

9. Content Rights

You own all Assets You create with the Services to the fullest extent possible under applicable law. However, the following exceptions apply:

  • Your ownership is subject to any obligations imposed by this Agreement and the rights of any third parties
  • You grant OMGPT a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, distribute, and display the Assets for the purpose of providing the Services, improving the Services, and promoting the Services

Your ownership of the Assets You create persists even if You subsequently downgrade or cancel Your membership. The marketing materials, property analysis, and other content you generate are yours to use for commercial purposes.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • OMGPT's total liability for any claim shall not exceed $100 or the amount you paid in the last 30 days, whichever is less
  • We are not liable for any business losses, lost profits, lost revenue, or economic damages of any kind
  • We are not liable for any investment decisions made based on our analysis, reports, or recommendations
  • We are not liable for any third-party content, data inaccuracies, or external service failures
  • We are not liable for any damages resulting from service interruptions, technical failures, or data loss
  • These limitations apply even if we knew or should have known about the possibility of such damages

YOU ACKNOWLEDGE THAT THE FEES YOU PAY REFLECT THIS ALLOCATION OF RISK AND THAT OMGPT WOULD NOT PROVIDE THE SERVICES WITHOUT THESE LIMITATIONS.

11. Dispute Resolution and Governing Law

In the event a dispute, controversy, or claim arises out of or relating to these Terms ("Dispute"), the Dispute will be resolved by binding arbitration rather than in court. This Agreement and any Dispute arising out of it shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles.

12. Modification of Terms

OMGPT reserves the right, at its sole discretion, to update or replace these Terms of Use, or to modify, suspend, or discontinue the Service at any time without prior notice. It is Your responsibility to regularly review these Terms of Use for any updates or amendments. By continuing to use the Service after changes have been made and posted, You acknowledge and accept those changes.

13. Third-Party Content and Trademark Disclaimer

OMGPT is not affiliated with, endorsed by, or associated with any third-party companies, establishments, logos, trademarks, or brands that may appear in generated content.

Any logos, company names, establishment names, trademarks, service marks, or other proprietary identifiers that appear in AI-generated marketing materials, property analysis, or other content are:

  • Based solely on information provided by the user in their property descriptions or inputs
  • Generated by AI based on user-provided data and are not endorsements by OMGPT
  • The responsibility of the user to verify accuracy and obtain necessary permissions for use
  • Not indicative of any business relationship, partnership, or affiliation with OMGPT
  • Subject to the intellectual property rights of their respective owners

Users are solely responsible for ensuring they have the right to reference any third-party names, logos, or trademarks in their generated content and for obtaining any necessary permissions or licenses. OMGPT disclaims any liability for trademark infringement or unauthorized use of third-party intellectual property in user-generated content.

Thank you

When utilizing OMGPT, you recognize that our platform aims to enhance your commercial real estate marketing capabilities and support your professional presentation creation process. Our commitment lies in delivering sophisticated AI analysis and a seamless user experience for commercial real estate professionals.