Terms of Service

Victor Platform by Victor Markus LLC

Effective Date: [EFFECTIVE DATE]

Last Updated: [LAST UPDATED DATE]

These Terms of Service (“Terms”) govern your access to and use of the Victor Platform, including related websites, applications, and services (collectively, the “Service”) provided by Victor Markus LLC, a New York limited liability company with an address at 11 West St, Fairport, NY 14450 (“Company,” “we,” “us,” or “our”).

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Service.

If you are using the Service on behalf of a company or other legal entity, you represent that you have authority to bind that entity; in that case, “you” and “User” refer to that entity.

1. The Service

1.1 Description

Victor Platform (“Victor”) is a software-as-a-service platform designed to help property owners, landlords, investors, property managers, contractors, and tenants manage properties, projects, leases, maintenance, communications, and related financial flows. The Service may include an AI-powered assistant (“Markus”) that provides suggested content, insights, and recommendations.

1.2 No Professional Advice

The Service (including any output from Markus) provides informational and administrative tools only. It does not constitute legal, financial, tax, accounting, real estate brokerage, or other professional advice. You are solely responsible for obtaining advice from qualified professionals and for complying with applicable laws.

1.3 No Brokerage, Property Management, or Fiduciary Role

Unless expressly agreed in a separate written agreement signed by us, we do not act as a real estate broker, property manager, fiduciary, or agent for any User, tenant, or third party.

1.4 Territorial Scope

The Service is intended for use by Users located in the United States. We do not knowingly target or market the Service to residents of the European Union, United Kingdom, or other jurisdictions with extra-territorial data protection regimes, and certain features may not be available outside the United States.

2. Eligibility and Accounts

2.1 Eligibility

You must be at least 18 years old and capable of entering into a binding contract to use the Service. You may not use the Service if you are barred under applicable law.

2.2 Account Registration

You must provide accurate, current, and complete information when creating an account and keep it up to date. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.

2.3 Individual Accounts and Delegated Access

Each natural person has their own account. Certain Users (for example, owners or property managers) may be able to grant other Users access rights or management capabilities over specific properties or projects within their account. You are responsible for:

• The permissions you grant to other Users; and
• The actions taken by Users to whom you grant access.

2.4 Tenants and Other End Users

Tenants and other individuals may be invited to use the Service (for example, to submit maintenance requests or view payment history). If you invite or register another person, you represent that you have authority to do so and that you will provide any legally required notices to such individuals.

3. Our Role in Payments

3.1 Third-Party Payment Processor (Stripe)

We use third-party payment processors, including Stripe, Inc. and its affiliates (each, a “Payment Processor”), to process payments such as subscription fees, rent, deposits, and other charges. We do not store full payment card numbers on our systems.

3.2 Merchant of Record

Unless expressly stated otherwise in a written agreement, the property owner, landlord, or property manager initiating a payment transaction through the Service is the “Merchant of Record” for that transaction. We provide technology to facilitate payments but do not own, control, or assume responsibility for the underlying rental or service relationship between Users and tenants.

3.3 Payment Terms

Payments are subject to:

• These Terms; and
• The applicable Payment Processor’s terms, privacy policy, and acceptable use policy.

By initiating payments via the Service, you authorize us and the Payment Processor to charge your designated payment method for:

• Fees for your use of the Service (e.g., subscriptions, usage fees); and
• Amounts you initiate or authorize in connection with your relationship with other Users or tenants (e.g., rent, security deposits, late fees, contractor invoices).

3.4 Refunds and Chargebacks

Refunds and chargebacks are handled in accordance with the Payment Processor’s policies and the Merchant of Record’s policies. We may, but are not obligated to, assist in communicating information about disputes. We are not responsible for adjudicating or resolving disputes between Users or between Users and tenants.

3.5 No Escrow or Custodial Services

Unless expressly agreed in a separate written agreement, we do not provide escrow, custodial, or trust services with respect to funds processed through the Service.

4. AI Features (Markus)

4.1 Overview

The Service includes AI-powered features (“AI Features”), collectively referred to as “Markus,” that may perform tasks such as:

• Summarizing and extracting structured data from contracts and project documents;
• Creating or logging maintenance requests from natural-language inputs.

4.2 Assistive Nature; User Control

AI Features are intended to assist you, not to replace your judgment. You remain solely responsible for:

• Reviewing and approving AI-generated content (including communications to tenants and contractors);
• Verifying the accuracy and completeness of outputs;
• Ensuring that your use of AI outputs complies with applicable laws and your contractual obligations.

Unless expressly enabled in clearly labeled settings, Markus will not perform binding actions (such as sending tenant notices, approving applications, or charging fees) without your explicit confirmation via the user interface.

4.3 Potential Inaccuracies

AI outputs may be inaccurate, incomplete, biased, or otherwise unsuitable for your specific situation. You should not rely on AI outputs as legal, financial, tax, or other professional advice.

4.4 AI Data Use and Opt-Out

We process the content of your prompts, context, and related data to provide AI Features. We configure and operate AI Features so that:

• Customer data is used only within that customer’s profile to improve Markus’s performance for that specific account; and
• We do not intentionally use your customer data to train generalized models across unrelated customers, except to the limited extent necessary to operate and secure the underlying AI infrastructure.

You may request to opt out of per-account AI improvement using your historical data by contacting us at jthon12@yahoo.com.

5. User Content and Data

5.1 Definitions

“User Content” means any data, information, documents, or materials that you submit to or through the Service, including property details, leases, tenant information, communications, uploaded files, and notes.

5.2 Ownership

As between you and us, you retain all right, title, and interest in and to your User Content. These Terms do not grant us ownership of your User Content.

5.3 License to Provide the Service

You grant us a worldwide, non-exclusive, royalty-free license to host, store, use, process, reproduce, and display your User Content as reasonably necessary to:

• Provide, maintain, secure, and improve the Service;
• Operate AI Features in accordance with these Terms and the Privacy Policy;
• Comply with legal obligations; and
• Enforce these Terms and protect the Service and Users.

5.4 Your Responsibilities

You are responsible for:

• Ensuring that you have all necessary rights and permissions to upload and use User Content with the Service;
• Providing any required notices and obtaining any required consents from tenants or other individuals whose data you enter into the Service; and
• Ensuring that your use of the Service and your User Content comply with all applicable laws, including housing, landlord-tenant, fair housing, consumer protection, and privacy laws.

6. Acceptable Use

You agree that you will not:

• Use the Service for any unlawful purpose or in violation of any applicable law or regulation;
• Use the Service to discriminate unlawfully against any person or protected class, or to send harassing, abusive, or otherwise inappropriate communications;
• Upload viruses, malware, or other malicious code;
• Attempt to gain unauthorized access to the Service or related systems;
• Interfere with the operation or security of the Service;
• Reverse engineer, decompile, or attempt to derive the source code of the Service; or
• Use AI Features to generate content that is illegal, harmful, deceptive, abusive, or infringes the rights of others.

We may suspend or terminate access to the Service for violations of this Section 6, in addition to any other remedies available to us.

7. Subscriptions, Fees, and Taxes

7.1 Fees

We may charge subscription, usage-based, or transaction fees, which will be disclosed at the time of signup, in your account, or in a separate order form. We may update fees from time to time, with notice where required by law or contract.

7.2 Billing and Renewal

Unless otherwise specified, subscriptions automatically renew for successive periods (e.g., monthly or annually) until cancelled. You may cancel at any time as described in the Service; cancellation will generally be effective at the end of the current billing period.

7.3 Taxes

You are responsible for any taxes (other than our income taxes) associated with your use of the Service, including sales, use, value-added, or similar taxes.

8. Data Retention and Deletion

Our handling of data retention, export, and deletion is described in our Data Retention / Export / Deletion Policy, which is incorporated by reference into these Terms. In summary:

• We retain data while your account is active and for a period afterward that is typically between 3 and 7 years, depending on the type of data and our legal obligations;
• Account owners may request export of certain categories of data; and
• We delete or de-identify personal data upon account closure or valid deletion request, subject to legal and operational retention needs, within a reasonable time.

9. Privacy

Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which is incorporated into these Terms. By using the Service, you acknowledge that you have read and understand the Privacy Policy.

10. Disclaimers

THE SERVICE, INCLUDING ALL AI FEATURES, IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE, OR THAT AI OUTPUTS WILL BE ACCURATE, COMPLETE, OR SUITABLE FOR ANY PARTICULAR PURPOSE.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, OR DATA, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE AMOUNTS YOU PAID US FOR THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow limitations of liability; in such cases, the above limitations apply only to the extent permitted by law.

12. Indemnification

You agree to indemnify, defend, and hold harmless Victor Markus LLC and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

• Your use of the Service;
• Your User Content; or
• Your violation of these Terms or any applicable law.

13. Modifications

We may modify the Service and these Terms from time to time. If we make material changes to these Terms, we will provide notice (for example, by email or in-app notification). Your continued use of the Service after the effective date of updated Terms constitutes your acceptance.

14. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of New York, without regard to its conflict-of-laws rules.

Any dispute arising out of or relating to these Terms or the Service will be brought exclusively in the state or federal courts located in Monroe County, New York, and you consent to the personal jurisdiction of such courts.

15. General

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any provision is not a waiver. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

16. Contact

If you have questions about these Terms, contact us at: