These Terms of Service (the “Terms”) form a binding agreement between Quake Analytics, Inc., a Delaware corporation (“Quake,” “we,” “us,” or “our”), and the person or entity that accesses or uses the Services (“you” or “Customer”). The Terms govern your use of the website at quakeus.com, the Quake software platform, and all related applications, APIs, reports, outputs, and support (together, the “Services”).
PLEASE READ THESE TERMS CAREFULLY. SECTION 17 CONTAINS A BINDING ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. BY CHECKING THE BOX TO AGREE, CREATING AN ACCOUNT, OR USING THE SERVICES, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THE SERVICES.
If you accept these Terms on behalf of a company or other entity, you represent that you have authority to bind that entity, and “you” refers to that entity.
Quake provides an artificial intelligence platform that analyzes commercial real estate information. The Services process documents and data that users upload, including offering memoranda (“OMs”), trailing twelve month operating statements (“T12s”), rent rolls, leases, and related materials, and generate summaries, metrics, models, flags, and other analytical outputs (“Outputs”).
The Services are informational tools only. Quake is not a registered investment adviser, broker-dealer, real estate broker, licensed appraiser, lender, accountant, or law firm. Nothing in the Services or the Outputs constitutes:
You alone decide whether to pursue any transaction. Before relying on any Output, you must independently verify the Output and consult qualified licensed professionals.
Your use of the Services creates no fiduciary, agency, advisory, partnership, or employment relationship between you and Quake.
The Services use machine learning and large language models. You acknowledge the following limits of that technology:
You are solely responsible for reviewing every Output before using the Output and for every decision you make based on an Output. Quake has no liability for any loss arising from your reliance on an Output, including lost deposits, overpayment, lost profits, financing failures, or missed opportunities.
You must be at least 18 years old and able to form a binding contract to use the Services. The Services are intended for business and professional use only, and not for personal, family, or household purposes.
You must provide accurate registration information, verify your email address, and keep that information current. You are responsible for all activity under your account and for keeping your credentials confidential. You must notify Quake through Contact Quake within 24 hours after you learn of any unauthorized access to your account.
Each account is for one individual. You may not share a single login among multiple individuals.
Subject to these Terms and payment of all fees, Quake grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to access and use the Services during your trial or subscription term for your internal business purposes.
You will not, and will not permit any third party to:
Quake may suspend or terminate your access immediately, without notice or refund, if Quake reasonably believes you have violated this Section 4.2.
“Customer Data” means all documents, files, and information you upload or submit to the Services. As between you and Quake, you retain ownership of your Customer Data.
You grant Quake a worldwide, non-exclusive, royalty-free license to host, copy, process, transmit, analyze, and display Customer Data to (a) provide, maintain, and support the Services, (b) prevent fraud and abuse, and (c) comply with law.
Quake may create aggregated or de-identified data derived from Customer Data and use of the Services (“Aggregated Data”), provided that Aggregated Data does not identify you, any individual, or any specific property. Quake owns Aggregated Data and may use Aggregated Data for any lawful purpose, including improving the Services and benchmarking.
Quake will not use your identifiable Customer Data to train generally available AI models without your prior written consent. To produce Outputs, the Services send the relevant Customer Data to the AI model providers listed in the Privacy Policy, which process it under their own terms with Quake.
You represent and warrant that (a) you have all rights, consents, and authority needed to upload Customer Data and grant the licenses in this Section 5, (b) uploading Customer Data does not breach any confidentiality agreement, NDA, listing agreement, or law, and (c) Customer Data does not include Social Security numbers, financial account numbers, health information, or other sensitive personal information unless Quake agrees in writing. Tenant names and lease terms in rent rolls may contain personal information, and you are responsible for having a lawful basis to share that information.
Subject to your compliance with these Terms and payment of all fees, Quake assigns to you any rights Quake holds in Outputs generated from your Customer Data. Quake makes no representation that Outputs are protectable by copyright or any other intellectual property right.
Quake and its licensors own all right, title, and interest in the Services, including all software, models, prompts, workflows, templates, designs, trademarks, documentation, Aggregated Data, and improvements. These Terms grant you no rights except the limited license in Section 4.1. “Quake,” “Quake Analytics,” and related logos are trademarks of Quake, and you may not use those marks without Quake’s prior written consent.
If you submit suggestions, ideas, or feedback, Quake may use that feedback without restriction or compensation to you.
Quake hosts the Services on Amazon Web Services (“AWS”) infrastructure and maintains administrative, technical, and physical safeguards designed to protect Customer Data, including encryption in transit and at rest. No system is perfectly secure, and Quake does not guarantee that unauthorized access will never occur.
Quake uses third-party service providers to operate the Services, including Amazon Web Services (hosting, storage, and sign-in), Anthropic and Perplexity (AI processing), and Stripe (payments). The current list is in the Privacy Policy.
Quake’s Privacy Policy describes how Quake collects and uses personal information, and is incorporated into these Terms by reference.
If Quake confirms unauthorized access to your Customer Data, Quake will notify you without undue delay and as required by applicable law.
Each party (“Recipient”) will protect the non-public information the other party (“Discloser”) marks as confidential or that a reasonable person would understand to be confidential (“Confidential Information”). The Recipient will use the Discloser’s Confidential Information only to perform under these Terms and will protect that information with at least reasonable care. Customer Data is your Confidential Information. Quake’s non-public pricing, technology, and model information is Quake’s Confidential Information.
These obligations do not apply to information that (a) is or becomes public through no fault of the Recipient, (b) the Recipient already knew without restriction, (c) the Recipient receives lawfully from a third party without restriction, or (d) the Recipient develops independently. The Recipient may disclose Confidential Information when law or court order requires disclosure, after giving the Discloser prompt notice where legally permitted.
You will pay the fees for the plan or purchase you select, as shown on the pricing page and at checkout. Fees are in U.S. dollars and payable in advance: monthly plans each month, annual plans for the full year at the start of each year, and credit packs at purchase. Except as Section 9.2 provides for the free trial or as required by law, fees are non-refundable, including for partial periods and unused credits or reports. Quake may issue a refund or credit at its sole discretion.
The free trial is offered on the QUAKE 10 plan only, monthly or annual. QUAKE Unlimited and QUAKE Ultimate have no free trial: their price is charged when you subscribe. New customers may start one free trial of 7 days. A valid payment card is required to start the trial. The trial includes 250 credits and a lower AI spending limit than paid plans. Unless you cancel before the trial ends, your trial converts automatically to the paid QUAKE 10 plan (monthly or annual, as you selected), and your card is charged that plan’s price at the end of the trial and at the start of each renewal term. If you cancel during the trial, you are not charged, AI features stop immediately, and your saved deals remain available. One free trial is available per person, company, and payment method.
AI features use credits. Each plan includes a number of credits for each monthly period, as shown on the pricing page (annual plans also receive their credits monthly). Each plan also has a monthly AI spending limit that protects against unusual usage. Plan credits do not roll over to the next period. Credit packs, where offered, may be bought by customers with an active paid plan; purchased credits expire 12 months after purchase, and the credits that expire first are used first. Credits have no cash value, cannot be transferred, and are not refundable except as required by law. When your credits or spending limit for a period are used up, AI requests pause until the next period, a plan upgrade, or a credit purchase. Quake may adjust the credits needed for a feature, with notice for material changes.
You can change plans in the Services. Upgrades take effect once the upgrade payment succeeds, at the price shown before you confirm; downgrades take effect at the end of the current billing period.
SUBSCRIPTIONS RENEW AUTOMATICALLY for successive terms equal to the current term (monthly or annual) at Quake’s then-current rates unless you cancel before the renewal date in your account (Account → Manage billing) or through Contact Quake. You authorize Quake and its payment processor, Stripe, Inc., to charge your payment method for each renewal.
Quake may change fees by giving you at least 30 days’ notice. Changes take effect at the start of your next renewal term.
All prices shown include any sales, use, or similar taxes that apply. You will not be charged tax on top of the advertised price. Where Quake is required to collect tax, that tax is included in, not added to, the price you pay.
If a payment fails, Quake and its payment processor will retry the charge. AI features remain available for 3 days after the failed payment; after that, AI features pause until payment succeeds, while your saved deals remain available. If payment is not received, Quake may cancel your subscription.
If you dispute a charge with your card issuer without first contacting Quake, Quake may suspend your account while the dispute is open and recover its collection costs.
THE SERVICES AND ALL OUTPUTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, QUAKE DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
QUAKE DOES NOT WARRANT THAT (A) THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, (B) ANY OUTPUT WILL BE ACCURATE, COMPLETE, OR RELIABLE, (C) ANY PROJECTION, VALUATION, CAP RATE, NOI, OR OTHER METRIC WILL BE ACHIEVED, OR (D) THE SERVICES WILL MEET YOUR REQUIREMENTS. PAST PERFORMANCE AND MODELED RESULTS DO NOT GUARANTEE FUTURE RESULTS.
11.1 Exclusion of damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, QUAKE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST REVENUE, LOST DEPOSITS, LOST INVESTMENTS, DIMINUTION IN PROPERTY VALUE, LOST BUSINESS OPPORTUNITY, LOSS OF DATA, OR COST OF SUBSTITUTE SERVICES, ARISING FROM OR RELATED TO THESE TERMS, THE SERVICES, OR ANY OUTPUT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF QUAKE WAS ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.
11.2 Cap. TO THE MAXIMUM EXTENT PERMITTED BY LAW, QUAKE’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE FEES YOU PAID QUAKE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
11.3 Basis of the bargain. These limitations apply even if a limited remedy fails of its essential purpose. You acknowledge that Quake set its fees in reliance on these limitations, and that these limitations form an essential basis of the bargain. Some jurisdictions do not allow certain exclusions, so some of these limitations may not apply to you.
You will defend, indemnify, and hold harmless Quake and its officers, directors, employees, agents, and affiliates from all claims, losses, damages, liabilities, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) arising from or related to:
Quake may control the defense of any indemnified claim at your expense. You may not settle any claim that imposes obligations on Quake without Quake’s prior written consent.
You may cancel at any time yourself in your account (Account → Manage billing) or through Contact Quake. A paid subscription stays active until the end of the current paid term, and Quake will not issue refunds for the remaining term. Canceling during the free trial ends AI features immediately with no charge, as Section 9.2 describes. Unused plan credits end when your subscription ends. Purchased credits can be used only while you have an active plan and are not refunded when your subscription ends.
Quake may suspend or terminate your access (a) immediately if you breach Section 4, 5.5, or 9, (b) immediately if Quake reasonably believes suspension is necessary to prevent harm to the Services, other users, or third parties, or to comply with law, or (c) for any reason on 30 days’ notice, in which case Quake will refund prepaid fees for the unused portion of your term.
On termination, your license ends and you must stop using the Services. You may export your Customer Data for 30 days after termination. After that period, Quake may delete Customer Data, except for copies held in routine backups or retained to comply with law. Sections 1.2, 2, 5.3, 5.6, 6, 8, 9 (as to unpaid amounts), 10, 11, 12, 13.3, and 15 through 19 survive termination.
Quake may modify, suspend, or discontinue any feature of the Services at any time. Quake may update these Terms by posting the revised version in the Services or at quakeus.com and updating the “Last Updated” date. For material changes, Quake will give at least 15 days’ notice by email or in-app notice. Your continued use of the Services after the effective date of the changes constitutes acceptance. If you do not accept the changes, you must stop using the Services.
The Services may integrate with or rely on third-party services, data sources, and AI model providers. Quake does not control and is not responsible for third-party services or data, and your use of third-party services is subject to the third party’s terms. Payments are processed by Stripe, Inc. under Stripe’s terms.
You represent that you are not located in a country subject to a comprehensive U.S. embargo and are not on any U.S. government list of restricted parties. You will not use the Services in violation of U.S. export control or sanctions laws.
Before starting arbitration, a party must send the other party a written notice describing the dispute and the requested relief. The parties will try in good faith to resolve the dispute for 30 days after the notice. Notices to Quake go to legal@quakeus.com and Quake Analytics, Inc., 103 W Camino Real #604, Boca Raton, FL 33432.
Any dispute, claim, or controversy arising from or relating to these Terms or the Services (“Dispute”) will be resolved by final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules. A single arbitrator will decide the Dispute. The seat of arbitration will be Palm Beach County, Florida. The Federal Arbitration Act governs this Section 17. Judgment on the award may be entered in any court of competent jurisdiction.
YOU AND QUAKE EACH MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. YOU AND QUAKE EACH WAIVE THE RIGHT TO A JURY TRIAL.
Either party may (a) bring an individual claim in small claims court, or (b) seek injunctive or equitable relief in court to protect intellectual property or Confidential Information, or to stop a violation of Section 4.2.
You must bring any Dispute within one year after the claim arises, or the claim is permanently barred, to the extent law permits this limit.
If a court finds the class action waiver unenforceable, the entire arbitration agreement in this Section 17 is void, and the Dispute will proceed in the courts identified in Section 18.
The laws of the State of Florida govern these Terms, without regard to conflict of law rules. Subject to Section 17, the state and federal courts located in Palm Beach County, Florida have exclusive jurisdiction, and each party consents to personal jurisdiction in those courts. The UN Convention on Contracts for the International Sale of Goods does not apply.
Quake Analytics, Inc.
103 W Camino Real #604
Boca Raton, FL 33432
Email: legal@quakeus.com
Online: Contact Quake
Website: quakeus.com