Terms of Service

1. Agreement

These Terms of Service ("Terms") are a legal agreement between you and Foldout LLC, a Georgia limited liability company ("Foldout," "we," "us") governing your use of the Foldout website and application (the "Service"). By creating an account or using the Service, you agree to these Terms. If you don't agree, don't use the Service.

2. What Foldout does

Foldout helps real estate syndication general partners turn operating notes into polished, branded investor updates. You provide inputs about a deal; Foldout assembles a draft update in your voice; you review, edit, approve, and export or share it.

3. Your account

You must be at least 18 and able to form a binding contract. You're responsible for the accuracy of your account information, for keeping your credentials secure, and for all activity under your account. Tell us promptly at campbell@foldout.io if you suspect unauthorized use.

4. Your content and your responsibilities

You own your content. You retain all rights to the operating notes, financials, branding, investor information, prior updates, edits, and voice profile you put into or create in Foldout ("Your Content"). You grant us a limited license to host, process, and transmit Your Content solely to provide the Service to you and to draft your updates. That includes sending what is needed to our AI provider to generate your drafts, and using your own prior updates, edits, and style profile as context so your drafts sound like you, as described in our Privacy Policy. We do not use Your Content to train or fine-tune any AI model, and we do not use it to generate content for, or otherwise serve, any other customer. Your Content and voice profile stay in your workspace, are used only for you, are never pooled or shared across customers, and can be reviewed, edited, and deleted by you.

You are responsible for what you send. Foldout is a drafting tool. It is not legal, financial, tax, accounting, investment, or compliance advice, and we are not your advisor. You are solely responsible for: reviewing and verifying every draft before you send it, including all numbers and statements; the accuracy and completeness of Your Content and of the updates you distribute to your investors; having the rights to any content, branding, and investor information you submit; and your own compliance with all laws and regulations that apply to you and your communications with investors — including, without limitation, securities laws and exemptions (for example, Regulation D Rule 506(b)/506(c) and rules on general solicitation and investor communications).

You agree not to misuse the Service, including by using it unlawfully, infringing others' rights, attempting to breach security or access other customers' data, or uploading malicious code.

Foldout is a self-service drafting tool. We do not review, monitor, approve, endorse, or take responsibility for the updates you create or how, when, or to whom you distribute them. We are not a party to your relationships with your investors, we do not offer, solicit, or recommend any security, and we make no representation that any update complies with any law. Decisions about what to communicate, to which investors, through which channels, and under which exemptions are yours alone.

You control the distribution of your updates, including any review links, shared links, or exported files, and you are responsible for restricting access as your obligations require — for example, avoiding general solicitation where your offering relies on an exemption that prohibits it.

5. AI-generated drafts

Drafts are generated from the inputs you provide. Foldout can also use your own prior updates, edits, and a short style profile as context so your drafts progressively match your writing style and tone; this affects style and tone only and never changes or invents facts. While Foldout is designed not to invent numbers or facts you did not supply, AI output can contain errors or omissions. Drafts are provided for your review and are not final until you approve them. You must review and verify every update before sending it, and you are responsible for the final content. Each draft is a one-time generation for you and is not used to train any model.

6. White-labeled output

Updates you produce are branded to your firm, not to Foldout. You are responsible for ensuring you have the rights to the names, logos, and branding you use.

7. Our intellectual property

We own the Service, including its software, design, and trademarks. These Terms don't grant you any rights in the Service except the limited right to use it as permitted here. We welcome feedback and may use it without obligation to you.

8. Fees

Foldout is offered as a paid subscription. Fees are billed in advance for the term you select (annual by default; monthly if offered), based on per-property graduated pricing; each property's first update is free, and a property becomes billable when it advances to its second update. Users and collaborators are not charged. Cancellation, non-renewal, and refunds are governed by our Refund & Cancellation Policy, available at foldout.io/refunds, which is incorporated into these Terms. Paid terms apply only after you subscribe.

9. Disclaimers

The Service is provided "as is" and "as available," without warranties of any kind, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, accuracy, or non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or that AI-generated drafts will be accurate or suitable for any particular purpose.

10. Limitation of liability

To the maximum extent permitted by law, Foldout will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any lost profits, revenues, data, or goodwill, arising out of or relating to your use of the Service. To the maximum extent permitted by law, our total liability for any claim relating to the Service will not exceed the greater of the amount you paid us in the twelve months before the claim or one hundred U.S. dollars ($100).

11. Indemnification

You agree to indemnify and hold Foldout harmless from claims, losses, and expenses (including reasonable legal fees) arising from Your Content, your use of the Service, your communications with your investors, or your violation of these Terms or applicable law.

12. Termination

You may stop using the Service and close your account at any time. We may suspend or terminate access if you violate these Terms or to protect the Service or other users. On termination, you can request export or deletion of Your Content as described in the Privacy Policy.

13. Changes to these Terms

We may update these Terms as the Service evolves. We'll revise the "Last updated" date and, for material changes, take reasonable steps to notify you. Continued use after changes means you accept the updated Terms.

14. Governing law

These Terms are governed by the laws of the State of Georgia, without regard to conflict-of-law principles. You agree to the exclusive jurisdiction and venue of the state and federal courts located in Georgia for any dispute arising out of or relating to these Terms or the Service.

15. General

These Terms, together with the Privacy Policy, are the entire agreement between you and Foldout regarding the Service and supersede any prior agreements or understandings. You may not assign or transfer these Terms without our prior written consent; we may assign them in connection with a merger, acquisition, financing, or sale of assets. If any provision of these Terms is held unenforceable, the remaining provisions will remain in full effect. Our failure to enforce any provision is not a waiver of it. We are not liable for any delay or failure to perform caused by events beyond our reasonable control. We may provide notices to you at the email associated with your account. Our Data Processing Addendum, available at foldout.io/dpa, is incorporated into and forms part of these Terms and governs our processing of personal data you submit through the Service.

16. Contact

Questions about these Terms: campbell@foldout.io.