Terms of Service

Operated by Pixie Pinch LLC d/b/a DealsOnTrack
Effective Date: September 3, 2026
Last Updated: September 3, 2026

IMPORTANT NOTICE: Section 26 contains an exclusive Florida forum provision and waivers of jury trials and class or representative actions. Please read that section carefully.

1. Agreement and Acceptance

These Terms of Service (the “Terms”) govern access to and use of DealsOnTrack, a software-as-a-service platform operated by Pixie Pinch LLC, a Florida limited liability company doing business as DealsOnTrack (“DealsOnTrack,” “Pixie Pinch,” “we,” “us,” or “our”), including our website, web application, related features, communications, support, and documentation (collectively, the “Service”).

By clicking a button or checking a box indicating acceptance, creating an account, purchasing a plan or credit, or accessing or using the Service, you agree to these Terms. If you do not agree, do not access or use the Service.

If you access or use the Service for a brokerage, company, team, or other organization, you represent that you have authority to bind that organization. In that case, “Customer,” “you,” and “your” refer to that organization. If you use the Service in your individual professional capacity and not for an organization, those terms refer to you.

These Terms, any checkout page, order form, statement of work, or plan selection accepted by Customer (each, an “Order”), the Privacy Policy, and any Data Processing Addendum entered into by the parties (the “DPA”) form the “Agreement.” If documents in the Agreement conflict, an Order controls as to the commercial terms of that Order, the DPA controls as to its processing of personal data, and these Terms control in all other respects, unless the applicable document expressly states otherwise.

2. Definitions

For purposes of the Agreement:

“Authorized User” means an individual whom Customer authorizes to use the Service under Customer’s account or plan.
“Customer Content” means information, files, documents, prompts, messages, contacts, transaction records, and other content submitted to, stored in, transmitted through, or generated for Customer through the Service. Customer Content does not include the Service, Documentation, or deidentified or aggregated information that cannot reasonably identify Customer or an individual.
“Documentation” means user-facing instructions, notices, and technical or operational materials that we make available for the Service.
“AI Features” means the DealsOnTrack AI Assistant (including Dottie), document extraction, summaries, drafting, deadline suggestions, and other features that use artificial intelligence or generative models.
“AI Input” means Customer Content submitted to an AI Feature, and “AI Output” means a response generated by an AI Feature.

3. Eligibility and Business Use

The Service is intended for adults using it for professional or business purposes. To use the Service, you must be at least 18 years old, have legal capacity to enter into the Agreement, and be a real estate professional, transaction coordinator, authorized staff member, or other legitimate business user.

You are responsible for maintaining every license, authorization, and approval required for your work. The Service is not intended for personal, family, or household use.

4. The Service

DealsOnTrack provides tools that may help real estate professionals organize and manage transaction information, including contracts, dates, deadlines, contacts, tasks, notes, commissions, communications, activity history, reports, document exports, access permissions, reminders, and AI-assisted workflows.

The Service is currently designed primarily for United States real estate transactions and may be optimized for particular forms, jurisdictions, or workflows. The availability of a form, workflow, status label, template, calculation, or feature does not mean that it is correct or legally sufficient for a particular transaction or jurisdiction.

We may add, modify, or remove features as described in Section 20. Descriptions of planned, beta, or unreleased features are informational and do not create a commitment to release them.

5. Accounts and Organization Administration

You must provide accurate, current, and complete account and billing information and keep it updated. Each Authorized User must have a unique, named account. Shared credentials, generic office logins, and allowing another person to use your account are prohibited unless we expressly provide a shared-access feature.

Customer is responsible for:

selecting and supervising its Authorized Users and administrators;
assigning appropriate roles and permissions;
promptly removing access when it is no longer needed;
protecting credentials, devices, and connected accounts;
all activity under its accounts, except to the extent caused by our breach of the Agreement; and
promptly notifying us of suspected unauthorized access or account compromise.

An organization administrator may add or remove Authorized Users, manage permissions, access and export Customer Content, and control organization settings. Customer is responsible for its administrators’ actions. Customer Content associated with an organization account is controlled by the organization, and an individual user may lose access when the organization removes that user.

6. Plans, Orders, Fees, and Payment

6.1 Plans and usage limits

Current plans, prices, usage allowances, credits, included features, and other commercial terms are shown on the Pricing Page, in the Service, or in an Order. The terms displayed and accepted at purchase govern that purchase. We may offer free plans, trials, subscriptions, one-time credits, or negotiated organization plans.

Credits, deal allowances, seats, and other usage units have no cash value, are nontransferable unless we expressly permit transfer, and are subject to the expiration, activation, refund, and usage rules disclosed at purchase. A plan change may reduce features, capacity, retention options, or access at the end of the then-current billing period. Customer should export needed Customer Content before a downgrade or cancellation.

6.2 Automatic renewal

AUTOMATIC RENEWAL: UNLESS AN ORDER STATES OTHERWISE, EACH PAID RECURRING SUBSCRIPTION AUTOMATICALLY RENEWS FOR SUCCESSIVE PERIODS EQUAL TO ITS THEN-CURRENT BILLING PERIOD UNTIL CANCELED. WE WILL CHARGE THE PAYMENT METHOD ON FILE AT THE THEN-CURRENT RATE, PLUS APPLICABLE TAXES, AT THE START OF EACH RENEWAL PERIOD.

Before Customer purchases a recurring subscription, we will disclose the billing frequency, price, renewal terms, and cancellation method at checkout. Customer authorizes us and our payment processor to charge all fees due under the applicable Order.

6.3 Cancellation

Customer may cancel a recurring subscription through the billing or subscription controls in the Service or through the support method identified in the Service. Unless an Order states otherwise, cancellation takes effect at the end of the current paid billing period, and recurring charges stop after that period. Deleting an application, disconnecting an integration, ceasing use, or removing a payment method does not by itself cancel a subscription.

6.4 Refunds

Except as required by law or expressly stated in an Order or at the time of purchase, fees are nonrefundable and we do not provide credits or prorated refunds for partially used billing periods, unused capacity, canceled transactions, or unused one-time credits. We may issue a refund or credit in our discretion without creating an obligation to do so in another case.

6.5 Billing administration

Payments are processed by Stripe or another disclosed payment processor. We do not store full payment-card numbers. Customer must maintain valid billing information and promptly pay all amounts due. Customer is responsible for applicable sales, use, excise, and similar taxes, excluding taxes based on our net income.

If payment is overdue, we may retry the payment method, restrict paid features, suspend access, or terminate the affected Order after reasonable notice when practicable. Customer remains responsible for accrued charges and reasonable collection costs permitted by law.

We may change subscription prices by giving at least 30 days’ advance notice. A price change applies no earlier than Customer’s next renewal after the notice period, unless Customer affirmatively accepts an earlier change or the change is required by law or results from taxes imposed by a governmental authority.

7. Limited Right to Use the Service

Subject to the Agreement and payment of applicable fees, we grant Customer a limited, nonexclusive, nontransferable, nonsublicensable, and revocable right during the applicable subscription or access period to permit its Authorized Users to access and use the Service for Customer’s lawful internal business operations.

The Service is licensed, not sold. No right is granted except as expressly stated in the Agreement. Deal-sharing or collaboration features permit only the access shown in the Service and do not transfer ownership of an account, subscription, or underlying Customer Content.

8. Acceptable Use and Restrictions

Customer and its Authorized Users must not, directly or indirectly:

use the Service or Customer Content unlawfully, fraudulently, deceptively, abusively, or in violation of another person’s rights;
access, disclose, alter, or use an account or information without authorization;
share credentials, impersonate another person, or misrepresent identity, authority, licensure, or affiliation;
circumvent authentication, permissions, plan limits, safety measures, rate limits, or other controls;
probe, scan, or test vulnerabilities without our prior written authorization;
disrupt the Service; introduce malware; launch denial-of-service activity; or interfere with another user;
scrape, harvest, bulk export, or systematically extract data except through a feature we provide for Customer’s authorized business use;
copy, frame, mirror, resell, sublicense, rent, distribute, or commercially exploit the Service except as an Order expressly permits;
reverse engineer, decompile, disassemble, or attempt to discover source code, models, prompts, algorithms, or nonpublic components, except to the limited extent a restriction is prohibited by law;
use the Service, AI Inputs, or AI Outputs to develop or train a competing product or artificial-intelligence model, perform model extraction or distillation, or benchmark for publication without our prior written consent;
use the Service to send spam, unlawful solicitations, or communications to unauthorized or incorrect recipients;
upload content that infringes intellectual-property, privacy, confidentiality, publicity, or other rights;
use the Service to facilitate discrimination or an unlawful decision concerning housing, lending, credit, insurance, employment, or another protected or consequential area; or
use the Service in violation of applicable law, professional rules, brokerage policy, the Documentation, or a third-party provider policy that applies to an enabled feature.

We may investigate suspected violations and may remove or restrict content or access when reasonably necessary to protect the Service, users, third parties, or our legal rights.

9. Customer Content and Customer Instructions

As between Customer and DealsOnTrack, Customer retains its rights in Customer Content. We do not acquire ownership of Customer’s underlying transaction information.

Customer grants us and our subprocessors a nonexclusive, worldwide, royalty-free right to host, copy, transmit, display, process, back up, and otherwise use Customer Content only as reasonably necessary to:

provide, maintain, secure, and support the Service;
carry out Customer’s instructions and enabled features;
provide Customer-requested support and diagnose, prevent, or address errors, fraud, abuse, technical problems, or security incidents;
provide or improve a user-facing feature that Customer uses or requests, consistent with the Privacy Policy, DPA, and applicable third-party provider requirements; and
comply with law and enforce the Agreement.

Customer instructs us to process Customer Content for those purposes. Customer represents and warrants that it has all rights, permissions, notices, consents, and lawful bases necessary to provide Customer Content and instruct us to process it.

We do not use identifiable Customer Content for advertising, data brokerage, unrelated product development, or general product analytics. We do not use Customer Content or Google user data to train publicly available or generalized AI models. Human access to Customer Content is limited as described in the Privacy Policy and DPA.

Customer is responsible for the legality, accuracy, quality, and appropriateness of Customer Content. Customer must maintain authoritative copies of records that law, contract, professional rules, or brokerage policy requires it to retain. The Service is not Customer’s exclusive or official records repository unless an Order expressly states otherwise.

We may create and use aggregated or deidentified information that does not reasonably identify Customer or an individual to operate, secure, analyze, and improve the Service and our business. We will not attempt to reidentify information that we maintain as deidentified, except to test our deidentification methods as permitted by law.

10. Third-Party and Sensitive Information

Customer may submit information about buyers, sellers, agents, lenders, title professionals, attorneys, inspectors, associations, and other transaction participants. Customer, not DealsOnTrack, decides what participant information to collect and use. Customer represents and warrants that it is authorized and has a lawful basis to collect, upload, use, disclose, and direct us to process that information.

Customer must provide required privacy notices, obtain required permissions, follow confidentiality duties, and limit access to people with a legitimate need to know. Customer must not submit Social Security numbers, full bank-account numbers, payment-card numbers, account passwords, medical information, government identification numbers, biometric data, or other highly sensitive information unless it is lawful, reasonably necessary for the transaction, and protected by appropriate safeguards. Customer should redact information the Service does not need.

11. Communications and Connected Accounts

If Customer connects Google, Microsoft, or another account, Customer authorizes us to use the permissions presented during authorization to provide the selected feature. Depending on the feature, the Service may create drafts, send messages, add or update calendar events, store related content and delivery records, or take another action Customer requests. Disconnecting an integration stops new access through that connection but does not cancel the DealsOnTrack account or automatically delete information already stored in the Service.

Customer is the sender and initiator of transaction communications sent at its direction. Customer is responsible for the content, recipients, timing, permissions, and legal compliance of those communications and must verify recipient information before sending or scheduling a message. Customer must honor applicable opt-outs and must not use the Service for marketing or solicitation unless the communication is lawful and the recipient has received any notice or given any consent required by law.

We do not guarantee that an email, calendar event, notification, or other communication will be delivered, received, opened, displayed correctly, or delivered on time. Customer must maintain an independent method of monitoring important communications and deadlines.

12. Professional and Transaction Responsibility

12.1 No professional advice or relationship

DealsOnTrack is an organizational technology tool. Neither DealsOnTrack nor Pixie Pinch is a law firm, real estate brokerage, title company, escrow agent, lender, accounting firm, tax adviser, transaction party, or professional supervisor through provision of the Service. The Service does not provide legal, brokerage, fiduciary, accounting, tax, financial, lending, title, escrow, settlement, insurance, or other professional advice.

No output, template, label, reminder, calculation, report, communication, or support response creates an attorney-client, broker-client, agency, fiduciary, supervisory, or other professional relationship. Customer remains responsible for professional judgment, brokerage supervision, legal and contractual compliance, and obtaining advice from appropriately qualified professionals.

12.2 Contracts, dates, and deadlines

Dates and deadlines may depend on facts, contract language, amendments, notices, time zones, holidays, business-day rules, law, and professional interpretation. Customer must independently review the complete, fully executed contract and every addendum, amendment, extension, notice, and controlling source.

Customer must independently verify all dates and deadlines before relying on or communicating them, including effective, closing, inspection, financing, deposit, title, association, notice, cure, and extension dates. The controlling contract and applicable law govern if they conflict with the Service.

Labels such as “On Track,” “At Risk,” “Due Today,” “Past Due,” “Missed,” or “Completed” are organizational labels, not legal conclusions. The Service does not guarantee that Customer will avoid a missed deadline, preserve a right, satisfy a notice requirement, meet a brokerage obligation, close a transaction, or achieve any particular result. Customer must maintain an independent calendar and compliance process.

12.3 Reports, commissions, and activity history

Reports, summaries, PDF exports, commission information, calculations, and activity history are provided for convenience. They are not closing statements, commission-disbursement authorizations, accounting or payroll records, tax reports, immutable audit trails, legal evidence, or substitutes for authoritative brokerage and transaction files. Customer must verify them before relying on, filing, or distributing them.

13. AI-Assisted Features

13.1 Scope and AI disclosure

This Section applies to all AI Features, including the DealsOnTrack AI Assistant (including Dottie), contract and document extraction, summaries, drafting, suggestions, deadline assistance, and future generative-AI tools made available through the Service.

AI Features use artificial intelligence, not a human professional. AI Outputs are machine-generated and may be inaccurate, incomplete, misleading, biased, outdated, or fabricated, even when they appear confident or include a confidence score. AI Features are optional and are provided only as assistive tools.

An AI Feature may present additional terms or notices before activation. If Customer accepts them, those terms become part of this Agreement and control only for that AI Feature if a conflict exists.

13.2 Human review is required

Customer must independently evaluate every AI Output before using, sharing, approving, or acting on it. For contract interpretation, legal implications, housing, lending, credit, insurance, financial matters, or another decision that may materially affect a person, Customer must ensure that an appropriately qualified human professional—including legal counsel when legal interpretation or advice is required—reviews the AI Output before it is communicated or finalized. DealsOnTrack does not perform that professional review.

Customer must verify extracted terms, calculated dates, summaries, citations, names, amounts, recipients, and drafted communications against the signed documents and other authoritative sources. Customer must not use an AI Output as the sole or determinative basis for a decision about a person’s eligibility for housing, a lease, a home loan, credit, insurance, employment, or another consequential opportunity.

If Customer presents AI-generated advice, recommendations, or decisions directly to a transaction participant or other individual, Customer must clearly disclose AI involvement when required by law, professional duty, or an applicable provider policy.

13.3 Customer Responsibility for Use and Actions

Customer is responsible for all AI Inputs and for every decision, statement, document, communication, deadline, or action based on an AI Output. An AI Output does not bind a transaction party, amend a contract, provide legal notice, waive a right, satisfy a professional duty, or establish compliance.

AI Features do not have authority to act as Customer’s agent. Before Dottie or another AI Feature sends, shares, edits, deletes, schedules, or otherwise starts an action, the Service must display the proposed action and obtain the user’s clear confirmation. Customer must review all content, recipients, dates, and other important details before confirming. Customer remains responsible for all actions taken through its account. DealsOnTrack may retain an audit record of the instruction, confirmation, action, user, and time.

13.4 AI Inputs, providers, and data use

By choosing an AI Feature, Customer directs us to transmit the applicable AI Input to our disclosed AI service provider for processing. Our current provider is Anthropic, PBC through its commercial Claude API. We may change models or providers as the Service develops, subject to the Privacy Policy and any notice or choice required by law.

DealsOnTrack does not use Customer Content or Google user data to train publicly available or generalized AI models. The handling of AI Inputs and AI Outputs by us and our providers is described in the Privacy Policy and, where applicable, the DPA. Customer must not submit an AI Input unless Customer has the right and lawful basis to do so.

13.5 Rights in AI Inputs and Outputs

As between Customer and DealsOnTrack, Customer retains its rights in AI Inputs and, to the extent permitted by applicable law, owns AI Outputs generated for Customer. We assign to Customer any right, title, or interest we may have in those AI Outputs. This does not transfer third-party rights in material that may appear in an AI Output. Because artificial-intelligence systems can generate the same or similar content for different users, AI Outputs may not be unique. We do not represent that an AI Output is copyrightable, noninfringing, accurate, or suitable for a particular use.

13.6 Prohibited AI uses and safety controls

In addition to Section 8, Customer must not use AI Features to:

violate privacy, confidentiality, intellectual-property, fair-housing, civil-rights, or other laws or rights;
discriminate or make an unlawful housing, lending, credit, insurance, employment, or other consequential decision;
impersonate a person, deceive a recipient about whether content is AI-generated when disclosure is required, or create fraudulent or misleading records;
submit content Customer is not authorized to use;
generate malware, facilitate unauthorized access, or bypass safeguards;
extract, copy, distill, reverse engineer, or train a competing model from the AI Features; or
engage in a use prohibited by an applicable AI provider’s usage policies.

We may screen, block, limit, log, or suspend AI Inputs, AI Outputs, or AI Features when reasonably necessary for safety, security, legal compliance, provider requirements, or enforcement of the Agreement. We do not guarantee that safety measures will identify every harmful, unlawful, or inaccurate use or output.

14. Fair Housing and Professional Compliance

Customer must use the Service in compliance with the federal Fair Housing Act, the Florida Fair Housing Act, other applicable fair-housing and civil-rights laws, professional licensing requirements, advertising and communication laws, brokerage policies, and contractual duties.

Customer must not use the Service or an AI Feature to discriminate based on a protected characteristic, unlawfully steer or target a person, or determine eligibility for housing or a housing-related service in an unlawful manner. Customer is solely responsible for the legality of its professional activities and for supervision of its personnel.

15. Confidentiality

“Confidential Information” means nonpublic information disclosed by one party (the “Discloser”) to the other (the “Recipient”) that is marked confidential or that a reasonable person would understand to be confidential given its nature and the circumstances. Customer Content is Customer’s Confidential Information. Our nonpublic technology, security information, product plans, pricing in a negotiated Order, and business information are our Confidential Information.

Recipient will:

use Confidential Information only to exercise rights and perform obligations under the Agreement;
protect it with at least reasonable care and no less care than Recipient uses for its own similar information; and
disclose it only to personnel, contractors, subprocessors, and professional advisers who need to know it and are bound by appropriate confidentiality obligations.

Confidential Information does not include information that Recipient can document: (a) is or becomes public through no breach of the Agreement; (b) was lawfully known without a duty of confidentiality; (c) is received lawfully from a third party without a duty of confidentiality; or (d) is independently developed without use of the Confidential Information.

Recipient may disclose Confidential Information when legally required, but, unless prohibited, will give prompt notice and reasonable cooperation so Discloser may seek protective treatment. Each party acknowledges that unauthorized use or disclosure may cause irreparable harm for which monetary damages are inadequate and that the injured party may seek appropriate equitable relief.

16. Intellectual Property and Feedback

The Service, Documentation, software, design, user interfaces, workflows, calculation logic, branding, and underlying technology are owned by or licensed to Pixie Pinch and are protected by intellectual-property and other laws. Except for the limited right in Section 7, the Agreement transfers no right, title, or interest in the Service.

DealsOnTrack may support workflows involving third-party contract forms and marks. We claim no ownership of materials owned by Florida Realtors, The Florida Bar, or another third party. Unless expressly stated, DealsOnTrack is not affiliated with, sponsored by, or endorsed by those organizations.

If Customer voluntarily provides feedback, ideas, suggestions, or feature requests, Customer grants us a perpetual, irrevocable, worldwide, royalty-free right to use them without restriction or compensation. We will not publicly identify Customer as the source without permission.

17. Third-Party Services and Integrations

The Service relies on or may connect with third-party products and services, such as cloud hosting, authentication, file storage, payment processing, email delivery, mapping or address tools, AI processing, and Google or Microsoft integrations. Examples of current providers are identified in the Privacy Policy; the list may change and is not exhaustive.

Third-party services are governed by their own terms and privacy practices. Customer is responsible for maintaining any third-party account and authorization needed for an integration. We do not control and are not responsible for a third party’s independent service, content, acts, security, availability, or changes, but this sentence does not limit obligations that cannot lawfully be limited or our responsibility for selecting and managing our subprocessors as required by the Agreement or law.

An integration may become unavailable or change without our control. We may modify, replace, or discontinue an integration if its provider changes access, terms, functionality, or technical requirements, or if continued use creates a legal, security, or operational risk.

18. Privacy, Data Processing, and Security

Our Privacy Policy describes how we collect, use, disclose, retain, and protect personal information and explains the parties’ general privacy roles. For Customer Content processed on Customer’s behalf, Customer generally determines the purpose of processing and DealsOnTrack acts as Customer’s service provider or processor.

If the parties enter into a DPA, it forms part of the Agreement. Customer remains responsible for its own privacy notices, legal bases, instructions, data-subject responses, records, and compliance obligations. We will provide reasonable cooperation as required by the DPA or applicable law.

We use reasonable administrative, technical, and organizational safeguards designed to protect Customer Content. No internet-connected service is completely secure, error-free, or immune from unauthorized access. Customer is responsible for configuring permissions, protecting devices and credentials, and using the Service in a manner appropriate to the sensitivity of its information.

If a security incident affects personal information, we will investigate and provide notices and cooperation required by applicable law and any applicable DPA. We do not agree to a particular security standard, certification, recovery objective, or service level unless it is expressly stated in an Order or DPA.

19. Retention, Export, and Account Closure

Customer may use available Service controls to export or delete certain Customer Content. Customer is responsible for exporting information it needs before canceling, downgrading, closing an account, or allowing access to expire.

During an active account, active, closed, and archived transactions generally remain available unless Customer deletes them or an applicable retention setting provides otherwise. After termination or account deletion, access may cease and Customer Content will be retained, deleted, anonymized, or returned as described in the Privacy Policy and any applicable DPA. Limited copies may remain in protected backups until overwritten through the normal backup lifecycle and remain subject to applicable security and confidentiality obligations while maintained.

If Customer uses an organization account, the organization controls retention of its Customer Content. Closing an individual Authorized User’s account does not require deletion of Customer Content controlled by the organization.

The Service does not replace Customer’s legally required recordkeeping, backup, disaster-recovery, or brokerage-compliance systems. Customer should maintain independent copies of contracts and other authoritative records.

20. Availability, Changes, and Beta Features

The Service may be unavailable because of maintenance, updates, third-party failures, internet conditions, emergencies, security events, or circumstances beyond our reasonable control. We do not promise uninterrupted or error-free operation or any service level unless an Order expressly includes a service-level agreement.

We may update, modify, replace, limit, or discontinue features to improve the Service, address security or legal requirements, respond to provider changes, or manage operations. We will provide reasonable advance notice when a material discontinuation substantially reduces the core paid functionality of Customer’s current plan, when practicable.

Features identified as alpha, beta, preview, early access, experimental, or similar (“Beta Features”) may be incomplete, inaccurate, unstable, or discontinued without notice. Customer uses Beta Features at its own risk and must not rely on them for production, compliance, or critical transaction decisions unless we expressly state otherwise.

21. Suspension and Termination

Customer may stop using the Service at any time and may cancel a paid subscription as described in Section 6. Account deletion is separate from subscription cancellation and may be requested through available account controls or the contact method in the Privacy Policy.

We may suspend or restrict access, including to an integration or AI Feature, if we reasonably believe that:

Customer has materially breached the Agreement;
payment is overdue;
use creates a security, legal, operational, or third-party risk;
suspension is needed to prevent harm or unauthorized access;
use violates applicable law or a provider policy; or
a required provider suspends or terminates a service needed to provide the affected feature.

When reasonably practicable, we will notify Customer and provide an opportunity to cure. We may act immediately when necessary to address fraud, security, unlawful conduct, imminent harm, or a provider or governmental requirement.

Either party may terminate an Order for the other party’s uncured material breach after written notice describing the breach and a reasonable cure period of at least 10 days, unless the breach cannot be cured or immediate termination is permitted above. We may discontinue the entire paid Service for convenience on at least 30 days’ notice. If we do so before the end of a prepaid period and Customer is not in breach, we will refund the prepaid fees allocable to the discontinued period as Customer’s exclusive remedy for that discontinuation.

Upon termination, Customer’s right to use the affected Service ends, and all accrued payment obligations remain due. Sections that by their nature should survive will survive, including Sections 8–10, 12–19, and 22–29.

22. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE, DOCUMENTATION, AI FEATURES, AI OUTPUTS, CALCULATIONS, REPORTS, REMINDERS, COMMUNICATIONS, BETA FEATURES, AND THIRD-PARTY INTEGRATIONS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” PIXIE PINCH DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

WE DO NOT WARRANT THAT THE SERVICE OR ANY OUTPUT WILL BE ACCURATE, COMPLETE, CURRENT, SECURE, UNINTERRUPTED, ERROR-FREE, OR SUITABLE FOR A PARTICULAR TRANSACTION; THAT DEFECTS WILL BE CORRECTED; THAT COMMUNICATIONS OR REMINDERS WILL BE DELIVERED; OR THAT USE WILL PREVENT A MISSED DEADLINE, LOSS, BREACH, CLAIM, OR FAILED TRANSACTION.

Some jurisdictions do not allow certain disclaimers. In that event, a disclaimer applies only to the maximum extent permitted by law.

23. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PIXIE PINCH AND ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTRACTORS, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, ENHANCED, OR PUNITIVE DAMAGES; LOST PROFITS, REVENUE, BUSINESS, GOODWILL, COMMISSIONS, CONTRACTS, OPPORTUNITIES, OR ANTICIPATED SAVINGS; LOSS, CORRUPTION, OR UNAVAILABILITY OF DATA; COST OF SUBSTITUTE SERVICES; OR DAMAGES ARISING FROM A MISSED DEADLINE, FAILED OR DELAYED TRANSACTION, INCORRECT CALCULATION, AI OUTPUT, FAILED COMMUNICATION, THIRD-PARTY SERVICE, OR SERVICE INTERRUPTION, EVEN IF ADVISED THAT SUCH DAMAGES WERE POSSIBLE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF PIXIE PINCH AND THE OTHER PARTIES LISTED ABOVE FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE AGREEMENT OR SERVICE WILL NOT EXCEED THE GREATER OF: (A) THE FEES CUSTOMER PAID TO PIXIE PINCH FOR THE SERVICE DURING THE THREE MONTHS IMMEDIATELY BEFORE THE EVENT GIVING RISE TO THE FIRST CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS (US $100). MULTIPLE CLAIMS DO NOT INCREASE THIS CAP.

These exclusions and limitations apply regardless of the legal theory, whether a remedy fails of its essential purpose, and to the fullest extent permitted by law. They do not limit liability that cannot lawfully be excluded or limited. The parties agree that this Section reflects a reasonable allocation of risk and is an essential basis of the bargain.

24. Indemnification

To the maximum extent permitted by law, Customer will defend, indemnify, and hold harmless Pixie Pinch and its affiliates, licensors, service providers, contractors, officers, employees, and agents from and against third-party claims, demands, actions, investigations, liabilities, damages, judgments, settlements, penalties, fines, costs, and reasonable attorneys’ fees arising out of or relating to:

Customer Content, AI Inputs, Customer’s instructions, or Customer’s communications;
Customer’s or an Authorized User’s professional services, transaction activities, decisions, representations, or omissions;
an allegation that Customer Content or Customer’s use of an AI Output violates another person’s rights;
Customer’s collection, use, disclosure, or submission of personal or confidential information;
Customer’s violation of fair-housing, civil-rights, privacy, communication, licensing, professional, or other laws or duties;
Customer’s or an Authorized User’s breach of the Agreement; or
fraud, willful misconduct, or unauthorized use by Customer or an Authorized User.

We will promptly notify Customer of a covered claim, subject to Customer’s obligation not being relieved except to the extent delay materially prejudices the defense. Customer may control the defense with counsel reasonably acceptable to us, and we will reasonably cooperate at Customer’s expense. Customer may not settle a claim in a manner that admits wrongdoing by, imposes liability or a continuing obligation on, or fails to unconditionally release an indemnified party without that party’s prior written consent, which will not be unreasonably withheld.

25. Electronic Communications and Legal Notices

Customer agrees to receive account, billing, security, legal, and Service communications electronically through the Service or at the email address associated with the account. Customer must keep that address current. Electronic communications satisfy any legal requirement that a communication be in writing to the extent permitted by law.

Operational and legal notices from us are effective when sent to Customer’s account email, posted prominently in the Service, or delivered by another reasonable method. Formal notices to Pixie Pinch under the Agreement must be in writing and sent to pixiepinchllc@gmail.com, with a copy by personal delivery, nationally recognized overnight courier, or certified U.S. mail to:

Pixie Pinch LLC d/b/a DealsOnTrack
14823 SW 110th Terrace
Miami, Florida 33196
United States

A formal notice is effective upon confirmed receipt. This Section does not govern routine support requests, privacy requests, or cancellation methods expressly provided elsewhere in the Agreement.

26. Governing Law; Informal Resolution; Exclusive Venue; Waivers

26.1 Governing law

The Agreement and any dispute arising out of or relating to it, the Service, or the parties’ relationship (a “Dispute”) are governed by Florida law, without regard to conflict-of-law rules, except to the extent federal law controls.

26.2 Good-faith informal resolution

Before filing a lawsuit, a party must send written notice describing the Dispute and requested relief and allow 30 days for good-faith informal resolution. This requirement does not prevent either party from seeking temporary or preliminary relief needed to prevent imminent harm, preserve rights, or protect confidential information or intellectual property.

26.3 Exclusive courts

Any lawsuit concerning a Dispute must be brought exclusively in the state courts located in Miami-Dade County, Florida, or the United States District Court for the Southern District of Florida, as applicable. Each party irrevocably submits to the personal jurisdiction and venue of those courts and waives objections based on inconvenient forum or improper venue.

26.4 Jury-trial waiver

TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY KNOWINGLY, VOLUNTARILY, INTENTIONALLY, AND IRREVOCABLY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY DISPUTE. EACH PARTY ACKNOWLEDGES THAT IT HAS HAD THE OPPORTUNITY TO CONSULT COUNSEL ABOUT THIS WAIVER.

26.5 Class- and representative-action waiver

TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY MAY BRING A DISPUTE ONLY IN ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLAIMANT, CLASS MEMBER, OR REPRESENTATIVE IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, MASS, PRIVATE-ATTORNEY-GENERAL, OR REPRESENTATIVE ACTION. EACH PARTY WAIVES ANY RIGHT TO SEEK OR OBTAIN RELIEF ON BEHALF OF OTHER PERSONS.

This Section does not require arbitration. If part of this Section is unenforceable, it will be enforced to the maximum extent permitted and severed only as necessary, with the remainder continuing in effect.

27. Changes to These Terms

We may update these Terms to reflect changes to the Service, law, security needs, or business practices. We will post the updated Terms and revise the “Last Updated” date. For a material change, we will provide at least 30 days’ advance notice by email, prominent in-Service notice, or another reasonable method, unless an earlier effective date is reasonably necessary to comply with law, address an urgent security or abuse risk, or respond to a third-party service requirement.

Changes will not apply retroactively. We will not materially expand our right to use Customer Content or connected-account data for AI model training through a silent or retroactive change. If law requires affirmative consent, we will request it. If Customer does not agree to an update, Customer must stop using the affected Service and cancel before the update takes effect. Continued use after the effective date constitutes acceptance to the extent permitted by law.

28. General Terms

Assignment. Customer may not assign or transfer the Agreement without our prior written consent. We may assign the Agreement to an affiliate or in connection with a merger, reorganization, financing, acquisition, or sale of all or substantially all of the relevant business or assets. Any prohibited assignment is void.

Relationship. The parties are independent contractors. The Agreement does not create a partnership, joint venture, franchise, fiduciary, employment, brokerage, agency, or professional relationship between the parties. Neither party may bind the other unless expressly authorized in writing.

Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, such as natural disasters, epidemics, war, terrorism, civil unrest, labor disruptions, utility or telecommunications failures, governmental action, widespread cyberattacks, or failures of third-party infrastructure, except that this provision does not excuse Customer’s obligation to pay amounts already due.

No third-party beneficiaries. The Agreement benefits only the parties and their permitted successors and assigns. It creates no third-party beneficiary rights.

Severability. If a provision is unlawful or unenforceable, it will be modified and enforced to the maximum extent permitted. If it cannot be modified, it will be severed, and the remaining provisions will remain in effect.

No waiver. A waiver must be in writing and applies only to the specific instance stated. Delay or failure to enforce a provision is not a waiver.

Interpretation. Headings are for convenience. “Including” means “including without limitation.” These Terms will not be construed against either party as drafter.

Entire agreement. The Agreement is the complete agreement regarding its subject and supersedes prior or contemporaneous proposals, statements, and agreements on that subject. A purchase order or similar Customer document is for administrative convenience only and does not add or modify terms unless we expressly agree in a signed writing.

Survival. Provisions that by their nature should survive termination will survive, including payment obligations, confidentiality, intellectual property, data-use restrictions, disclaimers, liability limits, indemnification, disputes, and general terms.

29. Contact Us

Questions about these Terms may be directed to:

Pixie Pinch LLC d/b/a DealsOnTrack
14823 SW 110th Terrace
Miami, Florida 33196
United States
Email: pixiepinchllc@gmail.com
Website: dealsontrack.com