Terms of Service

1. Who these terms are between

These Terms of Service ("Terms") are a legal agreement between APAI LLC ("APAI LLC", "we", "us", "our"), which operates the WholesaleOS software service at wholesaleos.shop, and the person or business that creates an account or uses the service ("you", "customer").

By creating an account, clicking to accept, or using WholesaleOS, you agree to these Terms, our Privacy Policy, our Refund & Cancellation Policy, our Acceptable Use Policy and our Copyright (DMCA) Policy. If you do not agree, do not use the service.

APAI LLC contact: 1942 W Gray St, Houston, TX 77019. Email: support@wholesaleos.shop.

2. Eligibility

• You must be at least 18 years old and able to form a binding contract.
• If you use the service for a business, you represent that you are authorized to bind that business to these Terms.
• You must not be located in, or a resident of, a country subject to US comprehensive sanctions, and you must not appear on any US government list of prohibited or restricted parties (OFAC, Denied Persons List, Entity List).
• We may refuse, suspend, or terminate service where we are required to by law, or where a payment network or our payment processor requires it.

3. What the service is — and what it is not

WholesaleOS is a software tool for real-estate research and outreach. It lets you search property records, request contact information ("skip tracing") for property owners from licensed third-party data providers, organise leads, analyse deals, generate documents, and publish simple websites.

• We are not a real-estate broker, agent, or law firm, and we do not represent you in any transaction.
• We do not verify that any phone number, email address, or property record is accurate, current, or lawful to contact.
• We do not provide Do-Not-Call screening, consent, or legal clearance. Compliance with calling and messaging law is yours (see our Acceptable Use Policy).

4. Your account and security

• You are responsible for everything done through your account and for keeping your password confidential.
• Accounts are single-user. One login is one person. Sharing credentials, or reselling access, is a breach of these Terms.
• Sessions are bound to the IP address used at sign-in as a security measure. Signing in from an unexpected location may place the account on a temporary security hold until it is reviewed.
• We may require additional verification, and may suspend an account, if we detect credential sharing, automated access, or activity that indicates compromise or abuse.
• Tell us immediately at support@wholesaleos.shop if you believe your account has been accessed without your permission.

5. Subscriptions, billing and renewal

6. Data, records and third-party sources

• Property records come from public sources and from licensed third-party providers. Owner contact information comes from our skip-trace providers.
• We do not sell, rent, or share your personal information, and we do not sell the data in your account to anyone (see our Privacy Policy).
• Third-party data may contain errors, may be incomplete, and may be out of date. Always verify before you rely on it, and never rely on it as the sole basis for a decision with legal or financial consequences.
• You may not resell, redistribute, publish, or make available the skip-trace data, or use it to build or train a competing dataset or model. Your license is to use the data inside the service for your own property research and outreach.
• We may add, change, or remove data sources, and may impose fair-use limits on lookups to protect the service and our providers.

7. Your content and the license you give us

You keep ownership of the content you put into the service — your lists, notes, documents, uploaded files, and any website you build on it.

You grant us a worldwide, non-exclusive, royalty-free license to host, store, copy, transmit, and display your content solely to operate, secure, and support the service, and to improve it. That license ends when you delete the content or close your account, except where we must keep a copy for legal, accounting, security, or backup purposes.

You own any aggregated, de-identified, or statistical data we derive from operating the service, and we may use it to operate and improve the service, provided it does not identify you or any person.

You warrant that you own or have all necessary rights to everything you upload, and that your content does not infringe anyone's rights or break any law.

8. Our intellectual property

The service, including the software, the interface, our templates, our document library, the compiled property database, and the WholesaleOS name and logo, are owned by APAI LLC or its licensors and are protected by intellectual-property law. You get a limited, non-exclusive, non-transferable, revocable right to use the service for your own business while your subscription is active. You may not copy, modify, reverse engineer, frame, scrape, or create derivative works from the service except as the law expressly permits.

9. Acceptable use

Your use of the service is governed by our Acceptable Use Policy, which is part of these Terms. In summary, you must not use the service to contact people unlawfully, to harass anyone, to break telemarketing or privacy law, to infringe rights, to gain unauthorized access, or to scrape, resell, or redistribute our data.

You agree to indemnify us for claims arising from your outreach and your content — see section 12.

10. Suspension and termination

• We may suspend or terminate your access immediately, without refund, if we reasonably believe you have broken these Terms or the Acceptable Use Policy, if continuing would expose us or our providers to legal or regulatory risk, or if a payment network, data provider, or payment processor requires it.
• We may also suspend an account while we investigate a complaint, a chargeback, or a suspected compromise.
• We may preserve and, where legally required, disclose records relating to your account in response to valid legal process or a regulator's request.
• You may stop using the service at any time. Sections that by their nature should survive termination — including intellectual property, disclaimers, limitation of liability, indemnity, and dispute resolution — survive.

11. Disclaimers

THE SERVICE AND ALL DATA, RECORDS, CONTACT INFORMATION, SCORES, DOCUMENTS AND TEMPLATES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT DATA IS ACCURATE, COMPLETE, CURRENT, OR LAWFUL TO CONTACT; THAT ANY PHONE NUMBER IS NOT ON A DO-NOT-CALL REGISTER; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; OR THAT ANY DOCUMENT OR TEMPLATE IS SUITABLE OR LEGALLY SUFFICIENT FOR YOUR SITUATION.

Some jurisdictions do not allow the exclusion of certain warranties, so part of this section may not apply to you.

12. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, APAI LLC AND ITS OFFICERS, MEMBERS, EMPLOYEES AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THE SERVICE.

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE IS LIMITED TO THE AMOUNT YOU PAID US IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

This section does not limit your indemnification obligations in section 13, and does not limit our right to seek injunctive relief to protect our intellectual property or enforce the Acceptable Use Policy. Nothing here excludes liability that cannot lawfully be excluded.

Important: this cap limits what you can recover from us. It does not, and cannot, limit the statutory damages a third party may claim against you under telemarketing or privacy law.

13. Your indemnity to us

You agree to defend, indemnify, and hold harmless APAI LLC and its officers, members, employees, and suppliers from and against any claim, demand, action, investigation, loss, liability, fine, penalty, cost, or expense (including reasonable attorneys' fees) arising out of or relating to:

• your use of the service, and any call, text message, email, letter, or other contact you make using information from the service;
• your content, your lists, and any website or document you create or publish through the service;
• any claim that you contacted a person unlawfully, including claims under the Telephone Consumer Protection Act, state mini-TCPA statutes, do-not-call rules, or unfair or deceptive practices statutes;
• your breach of these Terms, the Acceptable Use Policy, or any law; or
• any dispute between you and a property owner, buyer, seller, or other third party.

14. Dispute resolution — arbitration and class-action waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO SUE IN COURT AND TO HAVE A JURY TRIAL.

Informal step first. Before starting arbitration, email support@wholesaleos.shop with a description of the dispute and the relief you want. We will try to resolve it within 30 days.

Binding arbitration. If we cannot resolve it informally, any dispute 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 one arbitrator, seated in Harris County, Texas. The arbitrator may award the same individual relief a court could. Judgment on the award may be entered in any court of competent jurisdiction.

CLASS-ACTION WAIVER. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims without the written consent of all parties.

Carve-outs. Either party may (a) bring an individual claim in small-claims court if it qualifies, and (b) seek injunctive or other equitable relief in court to protect intellectual property, to enforce the Acceptable Use Policy, or to prevent unauthorized access to the service.

30-day opt-out. You may opt out of this arbitration section by emailing support@wholesaleos.shop within 30 days of first accepting these Terms, writing "Arbitration Opt-Out" in the subject line and giving the email address on your account. If you opt out, the rest of these Terms still apply, and disputes will be resolved in the courts of Harris County, Texas.

If the class-action waiver is found unenforceable as to a particular claim, that claim will proceed in court, and the rest of this section still applies to the remaining claims.

15. Governing law and venue

These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws rules, and excluding the United Nations Convention on Contracts for the International Sale of Goods. Subject to section 14, the state and federal courts located in Harris County, Texas have exclusive jurisdiction.

This choice of law does not deprive you of the protection of mandatory consumer-protection rules of your own state of residence where those rules apply notwithstanding a choice-of-law clause.

16. Changes to these Terms

We may update these Terms. If a change is material we will notify you by email or in the app before it takes effect, and we will update the effective date at the top of this page. Continuing to use the service after a change takes effect means you accept the updated Terms.

We keep a dated record of each version so that we can tell you which version applied on any given date.

17. General

• Entire agreement. These Terms, together with the policies they reference, are the entire agreement between us and replace any earlier proposal, quote, marketing statement, or representation, including anything said on a sales call.
• Severability. If a provision is found unenforceable, the rest stays in force and the unenforceable provision is limited to the minimum extent necessary.
• No waiver. If we do not enforce a provision, that is not a waiver of it.
• Assignment. You may not assign these Terms without our written consent. We may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets.
• Force majeure. We are not liable for delay or failure caused by events beyond our reasonable control, including outages of our hosting, payment processor, or data providers.
• Notices. We may give notice by email to the address on your account or by posting in the app. You must keep your email address current.
• No agency. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.
• Headings are for convenience only and do not affect interpretation.

18. Contact

APAI LLC, 1942 W Gray St, Houston, TX 77019. Email: support@wholesaleos.shop.