Terms of Service

1. Acceptance of Terms

Welcome to Fortuiti.ai. These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and Fortuiti.ai ("we," "us," "our," or the "Company") governing your access to and use of the Fortuiti.ai website located at fortuiti.ai (the "Site") and all related services, features, content, and applications (collectively, the "Services").

We reserve the right to modify these Terms at any time. When we make changes, we will update the "Effective Date" above and post the revised Terms on this page. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms.

2. Description of Services

Fortuiti.ai provides an AI-powered platform that analyzes distressed residential and commercial properties for real estate investors and property flippers. Our Services include:

• Property Search: Natural language search functionality to find distressed properties in the Phoenix Metropolitan Area (Maricopa County, Arizona).
• Property Listings: Access to property listings with distress indicators, comparable sales hints, and flip potential assessments.
• Property Reports: Comprehensive analysis reports including AI-generated repair estimates, after-repair value (ARV) calculations, equity analysis, comparable sales data, ownership information, and deal feasibility assessments.

Our Services are currently available only for properties located in Maricopa County, Arizona. We may expand to additional geographic areas in the future.

3. Eligibility

To use our Services, you must:

• Be at least 18 years of age;
• Have the legal capacity to enter into a binding contract;
• Not be prohibited from using the Services under applicable law;
• Provide accurate and complete registration information.

By using our Services, you represent and warrant that you meet all eligibility requirements. If you are using the Services on behalf of a business entity, you represent and warrant that you have the authority to bind that entity to these Terms.

4. Account Registration and Security

4.1 Account Creation

To access certain features of our Services, including purchasing property reports, you must create an account. When registering, you agree to provide accurate, current, and complete information and to update such information as necessary to maintain its accuracy.

4.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

• Create a strong, unique password;
• Not share your account credentials with any third party;
• Notify us immediately of any unauthorized access to or use of your account;
• Log out of your account at the end of each session when using shared devices.

We are not liable for any loss or damage arising from your failure to protect your account credentials.

4.3 Account Termination

You may terminate your account at any time by contacting us at ian@foretellr.ai. We reserve the right to suspend or terminate your account at our sole discretion, without notice, for conduct that we believe violates these Terms.

5. Fees and Payment

5.1 Pricing Structure

Fortuiti.ai operates on a pay-per-report model. Our current pricing is as follows:

• First Report: Free for new users upon email registration.
• Individual Reports: $19.97 per property report.
• Report Bundles: 3 reports for $49.97; 10 reports for $149.97.

Prices are subject to change. Any price changes will be posted on the Site and will apply to purchases made after the effective date of the change.

5.2 Payment Processing

All payments are processed through Stripe, our third-party payment processor. By making a purchase, you agree to Stripe's terms of service. We do not store complete credit card numbers on our servers.

5.3 Refund Policy

Due to the nature of our digital products, all sales are final once a report has been generated and delivered. We do not offer refunds for purchased reports. However, if you experience a technical issue that prevents you from accessing a purchased report, please contact us at ian@foretellr.ai within 48 hours of purchase.

Unused report credits from bundle purchases do not expire and remain available in your account until used.

6. Permitted Use and Restrictions

6.1 Permitted Use

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for your personal or internal business purposes related to real estate investment analysis.

6.2 Prohibited Conduct

You agree not to:

• Use the Services for any unlawful purpose or in violation of any applicable laws or regulations;
• Resell, redistribute, sublicense, or commercially exploit our reports or any content from the Services without our prior written consent;
• Use automated systems, bots, scrapers, or similar tools to access or extract data from the Services;
• Attempt to gain unauthorized access to our systems, servers, or networks;
• Interfere with or disrupt the integrity or performance of the Services;
• Circumvent any access controls, security measures, or usage limits;
• Impersonate any person or entity or misrepresent your affiliation;
• Use the Services to harass, stalk, threaten, or harm any person;
• Upload or transmit viruses, malware, or other harmful code;
• Reverse engineer, decompile, or disassemble any aspect of the Services;
• Use information obtained from the Services to contact property owners for purposes of harassment or fraud.

6.3 Fair Use Policy

We reserve the right to limit or throttle access to the Services if we detect unusual or excessive usage patterns that may indicate abuse, automated access, or other violations of these Terms.

7. Property Data and Reports

7.1 Data Sources

Our property analysis is derived from multiple data sources, including:

• Maricopa County government records (Recorder, Assessor, court filings);
• Third-party data providers (PropertyRadar, Apollo.io);
• Publicly available information;
• AI-generated analysis and estimates.

7.2 Accuracy and Limitations

Our AI-generated repair estimates, ARV calculations, and other analyses are estimates only and should not be relied upon as definitive valuations. Actual property conditions, repair costs, and market values may differ significantly from our estimates.

7.3 Not Professional Advice

Our Services provide informational analysis tools only. The information and reports provided through our Services do not constitute and should not be construed as:

• Real estate appraisals or formal property valuations;
• Legal advice or legal opinions;
• Financial or investment advice;
• Tax advice;
• Professional home inspection reports;
• Title searches or title insurance.

You should always conduct your own independent due diligence, including professional inspections, appraisals, title searches, and consultation with qualified professionals before making any real estate investment decisions.

7.4 Owner Contact Information

Some reports may include property owner contact information obtained from public records and third-party sources. You agree to use such information only for legitimate real estate investment purposes and in compliance with all applicable laws, including but not limited to the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, and state do-not-call regulations.

8. Intellectual Property Rights

8.1 Our Intellectual Property

The Services, including all content, features, functionality, software, text, graphics, logos, icons, images, audio, video, data compilations, and the design, selection, and arrangement thereof, are owned by Fortuiti.ai or our licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

The Fortuiti.ai name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Fortuiti.ai. You may not use such marks without our prior written permission.

8.2 Limited License to Reports

When you purchase a property report, you receive a limited, non-exclusive, non-transferable license to use that report for your personal or internal business purposes. You may print or share individual reports with your business partners, investors, or contractors directly involved in evaluating the specific property. You may not:

• Resell or commercially distribute our reports;
• Publish reports publicly or post them online;
• Remove or alter any copyright notices or attributions;
• Use reports to create competing products or services.

8.3 Feedback

If you provide us with any feedback, suggestions, or ideas regarding the Services ("Feedback"), you grant us a worldwide, perpetual, irrevocable, royalty-free license to use, modify, and incorporate such Feedback into our Services without any obligation to you.

9. Third-Party Services and Links

Our Services may contain links to third-party websites, services, or content that are not owned or controlled by Fortuiti.ai. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

Your use of third-party services, including payment processing through Stripe, is subject to those third parties' terms and conditions. We encourage you to read the terms and privacy policies of any third-party services you access.

We do not endorse or assume any responsibility for any third-party sites, information, materials, products, or services.

10. Disclaimers

To the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement;
• Warranties that the Services will be uninterrupted, error-free, secure, or free of viruses or other harmful components;
• Warranties regarding the accuracy, reliability, completeness, or timeliness of any content, data, or analysis;
• Warranties that the Services will meet your requirements or expectations;
• Warranties arising from course of dealing, usage, or trade practice.

We do not warrant that our property data, AI estimates, or analyses will be accurate or that reliance on such information will lead to profitable investment outcomes. Real estate investment involves substantial risk, and past performance is not indicative of future results.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

11. Limitation of Liability

Without limiting the foregoing, our total cumulative liability to you for all claims arising out of or relating to these Terms or the Services shall not exceed the greater of: (a) the total amount you paid to us in the twelve (12) months preceding the claim, or (b) one hundred dollars ($100).

You specifically acknowledge that we are not liable for:

• Investment losses or failed real estate transactions;
• Inaccurate property data, estimates, or analyses;
• Decisions made based on information obtained through the Services;
• Actions of property owners or other third parties;
• Changes in market conditions or property values;
• Errors or omissions in public records or third-party data sources.

Some jurisdictions do not allow the limitation or exclusion of liability for certain damages, so some of the above limitations may not apply to you.

12. Indemnification

You agree to indemnify, defend, and hold harmless Fortuiti.ai, its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your access to or use of the Services;
• Your violation of these Terms;
• Your violation of any third-party rights, including intellectual property rights or privacy rights;
• Your violation of any applicable laws or regulations;
• Any content or information you submit or transmit through the Services;
• Your real estate investment activities or transactions;
• Your use of owner contact information obtained through the Services.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with our defense of such claims.

13. Dispute Resolution

13.1 Governing Law

These Terms and any dispute arising out of or related to these Terms or the Services shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict of law principles.

13.2 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact us at ian@foretellr.ai and attempt to resolve the dispute informally. We will attempt to resolve the dispute through good-faith negotiations within sixty (60) days.

13.3 Binding Arbitration

If we cannot resolve a dispute informally, you and Fortuiti.ai agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved exclusively through binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules.

The arbitration shall be conducted in Maricopa County, Arizona, unless otherwise agreed by the parties. The arbitrator's decision shall be final and binding.

13.4 Class Action Waiver

13.5 Exceptions

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.

13.6 Time Limitation

Any claim or cause of action arising out of or related to these Terms or the Services must be filed within one (1) year after such claim or cause of action arose, or it shall be forever barred.

14. Termination

We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms.

Upon termination:

• Your right to use the Services will immediately cease;
• Any unused report credits will be forfeited unless otherwise required by law;
• We may delete your account and any associated data;
• All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Fortuiti.ai regarding the Services and supersede all prior agreements, understandings, and communications.

15.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

15.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Fortuiti.ai.

15.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

15.5 Notices

We may provide notices to you via email to the address associated with your account, by posting on the Site, or by other reasonable means. You may provide notices to us by email at ian@foretellr.ai.

15.6 Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms due to circumstances beyond our reasonable control.

15.7 Independent Contractors

Nothing in these Terms creates any partnership, joint venture, employment, or agency relationship between you and Fortuiti.ai.

15.8 Headings

The headings in these Terms are for convenience only and shall not affect the interpretation of these Terms.

16. Contact Information

If you have any questions about these Terms of Service, please contact us: