Terms of Service

These Terms of Service (“Terms”) govern your access to and use of DayOne (“the Service”), operated by Net Gain Realty LLC(“DayOne,” “we,” or “us”). By creating an account or using the Service, you agree to these Terms.

1. Eligibility

You must be at least 18 years old and a licensed real estate professional, or a person otherwise authorized to access and use the multiple listing service (“MLS”) data you submit. You represent that the information you provide about yourself is accurate.

2. Accounts

Authentication is provided by Clerk. You are responsible for maintaining the security of your account and for all activity that occurs under it. You must notify us promptly of any unauthorized use.

3. Subscription, billing, and refunds

The Service is offered on a subscription basis. Subscription fees are billed in advance and are non-refundable. You may cancel at any time; cancellation stops future renewals at the end of the current billing period and you retain access until that period ends. We may change pricing for future billing periods with at least 30 days’ notice.

Payments are processed by Stripe. By subscribing, you also agree to Stripe’s terms. Failed payments may result in suspension or downgrade.

4. User data, license grant, and MLS compliance

You may upload data, including MLS exports, to generate comparative market analysis (“CMA”) reports. You represent and warrant that:

• You have the legal right to upload, process, and share the data you submit, and to grant DayOne the license described in this section, including any obligations under your MLS license, IDX, VOW, or similar agreements;
• Publishing a report at a public link (e.g., /r/[slug]) constitutes your authorization to display the underlying data publicly to anyone with the link, and you are solely responsible for the consequences of that publication;
• You will comply with all applicable laws, regulations, and the rules of any MLS or board of which you are a member.

You retain ownership of the data you submit. You grant DayOne a worldwide, royalty-free, perpetual, and irrevocable license to use, host, store, process, transmit, display, and create derivative works from the data you submit. This license covers operating and improving the Service, conducting market research, and producing de-identified, aggregated analytics across the DayOne user base. DayOne will not sell your raw uploaded data to third parties.

We retain your uploaded files, generated reports, and engagement data while your account is active, and may continue to retain that data after cancellation or account deletion to support service improvement and aggregate analytics. You may request deletion of your personal information at any time as described in our Privacy Policy.

5. Acceptable use

You agree not to:

• Upload data you do not have the right to use or share;
• Reverse engineer, scrape, or attempt to extract source data from the Service;
• Use the Service to violate any law or any third party’s rights, including MLS rules and intellectual property rights;
• Resell or sublicense the Service without our written permission;
• Interfere with the Service’s operation or security.

6. Service IP

The Service’s software, designs, brand, and content (excluding your uploaded data and generated reports) are owned by DayOne and protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable license to access and use the Service for its intended purpose.

7. Disclaimers

The Service is provided “as is.” CMA outputs are estimates derived from data you supply and are not appraisals, financial advice, or guarantees of value. We do not warrant accuracy, completeness, or fitness for a particular purpose. Decisions you or your clients make based on the Service are your responsibility.

8. Limitation of liability

To the maximum extent permitted by law, DayOne is not liable for indirect, incidental, consequential, special, or punitive damages, or for lost profits, revenue, data, or goodwill, arising out of or related to your use of the Service. Our total aggregate liability is limited to the amount you paid us in the twelve months preceding the event giving rise to the claim, or $100, whichever is greater.

9. Indemnification

You agree to indemnify and hold DayOne harmless from any claim, demand, or damage arising from (a) your data, (b) your use of the Service, (c) your violation of these Terms, or (d) your violation of any law or third-party right, including any MLS or IDX agreement.

10. Termination

You may stop using the Service at any time. We may suspend or terminate your account for violation of these Terms, non-payment, suspected fraud, or as otherwise required by law. Upon termination, your access ends and the data retention rules in Section 4 apply.

11. Changes to these Terms

We may update these Terms from time to time. Material changes will be communicated by email or in-app notice at least 14 days before they take effect. Continued use of the Service after the effective date constitutes acceptance.

12. Governing law and disputes

These Terms are governed by the laws of the State of Illinois, without regard to its conflict-of-laws principles. The exclusive venue for any dispute is the state or federal courts located in Cook County, Illinois, and you consent to personal jurisdiction there.

13. Contact

Questions about these Terms? matthew@netgain.realty