AgentDesk CRE Terms of Use & License Agreement
1. Provider and agreement
AgentDesk CRE is provided by Jesse Lessing (Provider, we, us). This agreement governs the AgentDesk CRE software, its free features, paid features, updates, and related services. It is between you and the Provider, not Apple. Contact: Jesse Lessing, 1 Engle St, Suite 200, Englewood, NJ; telephone (201) 985-7208; email jesse@dsrcommercial.com. This agreement applies when you affirmatively accept it in the app or when it is supplied as the applicable license for your App Store download. Posting it online alone does not change a previously accepted agreement. You must be at least 18 and legally able to enter this agreement. If you act for a business, you represent that you have authority to do so.
2. License and ownership
We grant you a limited, nonexclusive, nontransferable license to use the app on Apple-branded products you own or control, as permitted by the Apple Media Services Usage Rules, including any applicable Family Sharing or volume-purchasing rights. The app is licensed, not sold. We retain rights in the software and its design. You retain your rights in your records and materials. Do not redistribute, resell, or reverse engineer the app except where applicable law or an included open-source license permits it. Open-source components remain subject to their own notices and licenses.
3. A recordkeeping tool
AgentDesk helps organize commercial real estate work. Use of the app does not establish a brokerage, agency, fiduciary, legal, accounting, tax, appraisal, or investment-advisory relationship with the Provider. It does not supply professional advice, verify a property's condition or suitability, validate legal documents, guarantee compliance, or guarantee a transaction, commission, income, or other result. Any separate written professional engagement remains governed by its own agreement and applicable law.
4. Calculations, invoices, and property information
Results depend on the information and assumptions entered. Independently verify square footage, units, rates, rent periods, free rent, escalation timing, commission rates, splits, payment entries, totals, and dates against executed agreements before relying on or sharing an output. Rates are chosen by users; examples and defaults do not establish standard or required commissions. Calculations and invoice labels do not establish that a commission is legally earned, that payment was received by a bank, or that a contract is enforceable. Your executed agreements and applicable law govern. Property details, availability, asking terms, maps, imagery, and travel times may be incomplete, outdated, or inaccurate. Review every document and its recipients before sharing.
5. Deadlines and reminders
You are responsible for determining and meeting contractual and legal deadlines and satisfying notice, delivery, service, and record-retention requirements. Verify entered dates against the signed documents and keep an independent record of critical deadlines. Reminders depend on permissions, device settings, operating-system behavior, time zones, connectivity, and data availability. They may be delayed or unavailable. Saving a reminder or calendar entry does not deliver contractual or legal notice to another person.
6. Your data and permissions
Only enter or share materials you are authorized to use. Obtain permissions required for client information, contact details, documents, photographs, floor plans, logos, listings, and confidential material. You are responsible for your professional licensing, client duties, and lawful use, including applicable privacy, advertising, antidiscrimination, and intellectual-property requirements. Do not use the app to infringe rights, disclose information unlawfully, harass others, commit fraud, or interfere with security. You permit only the processing reasonably needed to provide the features you use, as described in the Privacy Policy. This does not transfer ownership of your content to us or grant us a right to sell it.
7. Storage, availability, and independent copies
Records are stored on the device and may sync through your private Apple iCloud account. Apple services, account settings, storage limits, connectivity, software defects, and other conditions can affect availability and synchronization. Sync can propagate edits and deletions and is not a complete backup. Keep independent copies of important records and original documents. The app's CSV export contains selected record tables and does not include every attachment or all app data. We do not promise uninterrupted operation, error-free results, permanent storage, or recovery of lost records. These limits do not waive duties that applicable law imposes on us.
8. Third-party services
Apple services and any external websites or sharing destinations have their own applicable terms and privacy practices. Follow those terms when using the app. Third-party availability and functionality may change. Maps and route estimates are aids; use judgment, follow traffic laws, and do not operate the app while driving. Links do not imply endorsement. A third party's rights are not waived by these terms.
9. AgentDesk Pro subscriptions
Prices, billing periods, trial eligibility, and included features are shown before purchase. Apple processes App Store purchases. A subscription renews automatically unless canceled through Apple Account Settings > Subscriptions. To avoid an unwanted trial renewal, cancel at least 24 hours before the trial ends. Deleting the app or its data does not cancel a subscription. Restore Purchases can restore eligible access using the purchasing Apple Account. Refund requests are handled through Apple, subject to applicable law. When paid access ends, Pro actions may be unavailable; your existing records and the free CSV export remain accessible under the applicable agreement. Any price changes will follow Apple's requirements and applicable law. Nothing here removes an existing enforceable entitlement or mandatory refund right.
10. Warranty disclaimer
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP AND RELATED SERVICES ARE PROVIDED AS IS AND AS AVAILABLE, WITHOUT WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, OR UNINTERRUPTED OR ERROR-FREE OPERATION. This does not exclude an express commitment we have made that cannot lawfully be disclaimed or any mandatory warranty or remedy. Some jurisdictions restrict warranty exclusions; those restrictions apply to you where required.
11. Limits on liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PROVIDER WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL LOSSES, INCLUDING LOST PROFITS, LOST COMMISSIONS, BUSINESS INTERRUPTION, OR LOSS OF DATA ARISING FROM USE OF OR INABILITY TO USE THE APP. Subject to the following exceptions, the Provider's aggregate liability for claims arising from the app or this agreement will not exceed the greater of US $100 or the amount you paid for AgentDesk in the 12 months preceding the event giving rise to the claim. These exclusions and limits do not apply to fraud, willful misconduct, gross negligence, or any liability, remedy, or statutory right that applicable law does not permit us to exclude or limit. They do not convert every business loss into an indirect loss. Any exclusion or cap applies only to the extent enforceable in the circumstances.
12. Claims caused by unlawful user materials
To the extent permitted by law, you will indemnify the Provider against third-party claims and reasonable defense costs to the extent caused by your knowing or negligent submission or sharing of materials that infringes intellectual-property rights, unlawfully discloses confidential or personal information, or constitutes fraud. This does not require you to indemnify the Provider for the Provider's own negligence, misconduct, or legal violations. We will promptly notify you of a claim, reasonably cooperate at your expense, and allow a reasonable defense by qualified counsel. No settlement may admit fault, impose nonmonetary obligations, or leave the Provider exposed without consent, which will not be unreasonably withheld.
13. Changes and ending use
You may stop using the app at any time; cancel paid subscriptions separately through Apple. We may change features or end services with reasonable notice where practicable and as required by law. We may terminate the license for a material breach, allowing a reasonable opportunity to cure where appropriate, except where immediate action is needed to address unlawful conduct or security harm. We will not treat a policy update as permission to erase your locally stored records. Keep independent copies and use available export tools. Material terms changes will be identified and notice or renewed agreement obtained where required. Changes will not retroactively remove accrued rights or apply to an existing dispute merely because a web page was edited.
14. Disputes and mandatory rights
New Jersey law governs this agreement, except to the extent mandatory law requires otherwise. Subject to any nonwaivable rights to another forum, disputes may be brought in state or federal courts with jurisdiction in New Jersey. This agreement does not require arbitration, waive a jury trial, or waive class proceedings. You may contact us to try to resolve a concern, but doing so is not a condition that prevents a timely legal claim or a complaint to a regulator. Nothing restricts rights that applicable law makes nonwaivable.
15. Apple-specific provisions
The Provider, not Apple, is responsible for the app and its content and for support and maintenance specified here or required by law. Apple has no obligation to provide support. If the app fails to conform to an applicable warranty, you may notify Apple and Apple will refund the purchase price of the app; to the maximum extent permitted by law, Apple has no further warranty obligation, and other applicable warranty claims are the Provider's responsibility. The Provider, not Apple, is responsible for addressing product, regulatory, privacy, and consumer-protection claims relating to the app, and for investigating, defending, settling, and discharging third-party intellectual-property infringement claims concerning the app. This agreement does not limit the Provider's liability beyond what applicable law permits. You represent that you are not located in a country subject to a U.S. government embargo or designated as supporting terrorism, and are not on a U.S. government list of prohibited or restricted parties. Apple and its subsidiaries are third-party beneficiaries and may enforce this agreement against you. Use remains subject to Apple's applicable Usage Rules.
16. General and contact
If a provision is unenforceable, the remaining provisions apply to the extent the agreement can lawfully continue. Failure to enforce a provision on one occasion does not waive it. This agreement addresses use of the app and does not replace separate executed brokerage or client agreements. Neither an assignment nor a change of operator removes mandatory rights or existing obligations. Direct questions, complaints, and claims about AgentDesk CRE to Jesse Lessing, 1 Engle St, Suite 200, Englewood, NJ; telephone (201) 985-7208; email jesse@dsrcommercial.com.