Terms of Service | UndervaluedX

Effective Date: March 18, 2026 | Last Updated: March 18, 2026

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE PLATFORM. BY CREATING AN ACCOUNT OR PURCHASING A LEAD, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE PLATFORM.

1. Parties and Acceptance

These Buyer Terms of Service ("Agreement") constitute a legally binding contract between you ("Buyer," "you," or "your") and Undervalued Exchange limited liability company doing business as UndervaluedX ("Company," "we," "us," or "our"), operating the platform accessible at UndervaluedX.com (the "Platform").

By registering for an account, placing a bid, activating Auto-Bid criteria, or purchasing a Lead, you represent that: (a) you have read and agree to this Agreement; (b) you are at least eighteen (18) years of age; (c) you have the legal authority to enter into this Agreement on behalf of yourself or, if applicable, on behalf of the entity you represent; and (d) your use of the Platform will comply with all applicable federal, state, and local laws.

2. Definitions

As used in this Agreement:

"Platform" means the website located at UndervaluedX.com, including all features, tools, and content made available therein.
"Lead" means a single, exclusive record consisting of the property address, seller contact information, and associated data for an off-market, unlisted real estate property, sourced by the Company from third-party data providers.
"Seller" means the property owner or duly authorized representative thereof whose contact information is contained within a Lead.
"Live Auction" means the real-time competitive bidding mechanism through which Buyers may bid on available Leads.
"Auto-Bid" means the automated bidding mechanism through which Buyers set criteria-based parameters and the Platform automatically purchases matching Leads on the Buyer's behalf.
"Account Balance" means prepaid funds deposited by Buyer into their Platform account for use in purchasing Leads.
"Exclusivity Period" means the thirty (30) calendar day period following a Lead purchase during which the Company will not sell the same Lead record to another Buyer.
"Valid Lead" has the meaning set forth in Section 7.

3. Account Registration and Eligibility

3.1 Registration

To access the Platform, Buyers must register for an account by providing accurate, complete, and current information including: full legal name, email address, phone number, company name and address (if applicable), and valid payment information. You agree to maintain and promptly update your account information.

3.2 Eligibility

The Platform is available only to: (a) individuals who are at least eighteen (18) years of age; (b) legal residents or entities domiciled or operating within the United States; and (c) persons who are not barred from using the Platform under any applicable law. By registering, you confirm you meet all eligibility requirements.

3.3 Account Security

You are solely responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You agree to notify us immediately at contact@undervaluedx.com of any unauthorized use of your account.

3.4 One Account Per Person or Entity

Each individual or entity may maintain only one Buyer account. Creating duplicate or fraudulent accounts is grounds for immediate termination of all associated accounts and forfeiture of any Account Balance.

4. Platform Description

UndervaluedX is a lead marketplace — not a real estate brokerage, real estate agent, mortgage broker, or licensed real estate service provider of any kind. The Company is a marketing services company. We source, compile, and sell exclusive access to data records representing potential off-market real estate opportunities. We do not represent buyers or sellers in real estate transactions, do not provide real estate advice, and are not party to any transaction between a Buyer and a Seller following the sale of a Lead. All real estate transactions, negotiations, and legal obligations arising from a Lead are solely between the Buyer and the Seller.

5. Lead Acquisition Mechanisms

5.1 Live Auction

The Platform provides a Live Auction feature through which Leads are offered to registered Buyers for competitive bidding.

All bids placed in a Live Auction are legally binding from the moment they are submitted and may not be retracted.
The Buyer submitting the highest bid at the close of the auction is the winning Buyer and is obligated to complete payment for the Lead at the winning bid price.
If the winning Buyer's payment fails to process, declines, or is otherwise not completed within the time specified by the Platform, the Company reserves the right to offer the Lead to the next highest bidder at their bid price.
The Company reserves the right to set minimum bid amounts, cancel or relist auctions, and modify auction mechanics at its sole discretion with reasonable notice.

5.2 Auto-Bid

The Platform provides an Auto-Bid feature through which Buyers may define criteria for the automatic purchase of matching Leads.

Auto-Bid criteria may include, without limitation: geographic scope (county, state, or nationwide), property type, price range, property condition, and Seller's stated intent to sell.
When a Lead matching a Buyer's active Auto-Bid criteria becomes available, the Platform will automatically purchase the Lead on the Buyer's behalf and charge the associated cost to the Buyer's Account Balance or payment method on file.
Buyers may modify or cancel their Auto-Bid criteria at any time through their account settings. Modifications or cancellations will apply prospectively only. The Company is not liable for Auto-Bid purchases completed prior to the effective time of any modification or cancellation.
It is the Buyer's responsibility to ensure their Account Balance is sufficient to fund Auto-Bid purchases. The Company may, but is not obligated to, suspend Auto-Bid functionality if the Account Balance is insufficient.

6. Payments and Account Balance

6.1 Payment Methods

All payments are processed through Stripe, Inc. By providing payment information, you authorize the Company to charge your payment method for all amounts due. Payment information is subject to Stripe's privacy and security practices.

6.2 Account Top-Up

Buyers may prepay funds into their Account Balance for use in purchasing Leads through the Live Auction or Auto-Bid mechanisms. Account Balance funds are non-expiring for active accounts.

6.3 Refundability of Unused Balance

Unused Account Balance funds are refundable upon written request to contact@undervaluedx.com in connection with the closure of a Buyer's account, subject to Section 11. The Company will process such refunds within ten (10) business days of account closure confirmation, less any outstanding amounts owed to the Company.

6.4 Taxes

Buyer is solely responsible for all applicable taxes arising from its use of the Platform and any transactions with Sellers. The Company does not collect or remit taxes on behalf of Buyers.

6.5 Chargebacks

If a Buyer initiates a chargeback or payment dispute directly with their bank or card issuer rather than following the dispute process set forth in Section 8, the Company reserves the right to: (a) immediately suspend or terminate the Buyer's account; (b) forfeit any remaining Account Balance; (c) pursue collection of any amounts improperly charged back, including reasonable attorneys' fees; and (d) permanently ban the Buyer from the Platform. The proper mechanism for disputing a Lead purchase is the refund process described in Section 8, not a chargeback.

7. Lead Validity

A Lead is considered a "Valid Lead" only if ALL of the following conditions are satisfied at the time of sale:

The property address is accurate, verifiable, and associated with a legitimate real estate parcel.
The Seller is the legal owner of record of the property or a duly authorized representative of the owner, as verified through the Company's third-party property data verification process.
The Seller's contact information is accurate: the telephone number is active, is not a non-working or bounced line, and belongs to or reaches the Seller or their authorized representative.
The Seller has expressed an intent or openness to sell the property at the time the Lead was sourced.

A Lead that fails any one of the above conditions at the time of sale constitutes an Invalid Lead and is eligible for a refund pursuant to Section 8.

8. Refunds and Dispute Resolution

8.1 Dispute Window

Buyer must submit any dispute regarding Lead validity within five (5) business days of the Lead purchase date. Disputes submitted after this window will not be eligible for a refund, and no exceptions will be made.

8.2 Grounds for Refund

Refunds are available only where the Buyer can demonstrate that the Lead fails to meet the Valid Lead criteria defined in Section 7. Specifically:

The Seller's telephone number is non-working, bounced, or does not reach the Seller or their representative; OR
The property ownership information is inaccurate (e.g., a title search reveals a different owner and the submitter is not a verified representative of that owner); OR
The Seller was not willing to sell the property at the time the Lead was sourced, as verified by the Company's investigation.

A Lead is NOT eligible for a refund solely because: (a) the Seller later changed their mind about selling; (b) negotiations between Buyer and Seller did not result in a transaction; or (c) the property did not meet the Buyer's investment criteria beyond the criteria specified in the Auto-Bid settings.

8.3 Buyer's Obligation to Attempt Contact

To be eligible for a refund, Buyer must demonstrate a good-faith attempt to contact the Seller. Unless the Buyer has a demonstrably low dispute rate as determined in the Company's sole reasonable discretion, a dispute submission must include at minimum evidence of a telephone contact attempt. The Company may in its sole discretion also require email contact attempts before a dispute is considered complete. Failure to attempt contact with the Seller within five (5) business days of purchase is not grounds for a refund.

8.4 Proof Required

To initiate a dispute, Buyer must submit via the Platform's dispute process or to contact@undervaluedx.com:

A written description of the defect claimed;
Supporting evidence, which may include: a recorded telephone call demonstrating the contact is invalid or the Seller is not the owner; a title search report showing conflicting ownership; email bounce notifications; or other documentation reasonably demonstrating the Lead is invalid.

8.5 Company Investigation

The Company reserves the right to independently verify any dispute claim by contacting the Seller directly. If the Company's investigation confirms the Lead is invalid, a refund will be issued. If the Company's investigation cannot confirm the defect, or if the Seller can be reached and confirms their identity and ownership, the refund will be denied.

8.6 Refund Issuance

Approved refunds will be credited to the Buyer's Account Balance within two (2) business days of the Company's approval of the dispute. Refunds are issued as Account Balance credits only and are not returned to the original payment method, except in connection with account closure pursuant to Section 6.3.

8.7 Lead Rights Upon Refund

Upon issuance of a refund for a Lead, the Buyer immediately and irrevocably forfeits all rights to use, share, or act upon that Lead in any manner. Any use of a refunded Lead constitutes a material breach of this Agreement.

8.8 Dispute Abuse

The Company monitors dispute frequency and patterns. Any Buyer demonstrating fraudulent, abusive, or bad-faith dispute behavior — including but not limited to disputing Leads the Buyer has already used, submitting fabricated evidence, or attempting to obtain refunds through misrepresentation — shall be subject to immediate account termination, forfeiture of Account Balance, and all remedies available at law or in equity. The Company has no obligation to issue refunds in cases of suspected fraud.

9. Lead Exclusivity

Each Lead purchased by a Buyer carries a thirty (30) calendar day Exclusivity Period from the date of purchase, during which the Company will not sell the same Lead record to another Buyer.

After expiration of the Exclusivity Period, the Company may offer the Lead to other Buyers. A subsequent sale of the same Lead record after the Exclusivity Period has expired does not constitute a duplicate for purposes of this Agreement, and the prior Buyer has no claim or right with respect to such subsequent sale.

The Exclusivity Period does not restrict the Buyer's rights to use the Lead as provided herein; it solely governs the Company's re-sale obligations.

10. Buyer Rights and Restrictions

10.1 Permitted Use

Upon purchase of a Valid Lead, Buyer acquires a non-transferable right to use the Lead data for the purpose of contacting the Seller in connection with a potential real estate acquisition. Buyer may share or re-sell a purchased Lead at Buyer's sole discretion, as Buyer has acquired an exclusive right to the data.

10.2 Prohibited Conduct

Buyer agrees not to:

Use the Platform for any unlawful purpose or in violation of any applicable law or regulation;
Use Lead data in connection with any activity that violates the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, Fair Housing Act, or any other applicable federal or state law;
Submit false, misleading, or fraudulent dispute claims;
Attempt to reverse-engineer, scrape, or harvest data from the Platform;
Create multiple accounts or share account credentials;
Use the Platform in any manner that damages the Company's reputation, business operations, or marketplace integrity;
Engage in conduct that is threatening, abusive, or harassing toward Sellers or the Company's personnel.

11. TCPA Compliance and Indemnification

THE COMPANY IS A MARKETING DATA PROVIDER AND DOES NOT PLACE CALLS OR SEND MESSAGES ON BEHALF OF BUYERS. THE COMPANY'S LEAD DATA IS SOURCED FROM THIRD-PARTY DATA PROVIDERS AND IS SOLD FOR MARKETING PURPOSES ONLY.

Buyer is solely and exclusively responsible for ensuring that all communications with Sellers, including telephone calls, text messages, voicemails, and emails, comply fully with the Telephone Consumer Protection Act (47 U.S.C. § 227), the FCC's implementing regulations, applicable state telemarketing laws, and any other applicable law governing communications with consumers.

Buyer agrees to indemnify, defend, and hold harmless the Company, its members, managers, officers, employees, agents, and successors from and against any and all claims, damages, penalties, fines, costs, and expenses (including reasonable attorneys' fees) arising out of or related to Buyer's communications with Sellers or Buyer's violation of any applicable law in connection with its use of Lead data.

11A. SMS Communications

By providing your phone number and enabling SMS notifications on the Platform, you consent to receive text messages from UndervaluedX related to your account activity, including lead assignments, bid notifications, payment confirmations, budget alerts, and other transactional messages.

Message frequency: Message frequency varies based on your account activity, including lead volume, bidding activity, and payment events.
Message and data rates may apply. Contact your carrier for details about your messaging plan.
Opt-out: You may opt out of SMS messages at any time by replying STOP to any message. You may also disable SMS delivery in your account Settings page.
Help: For help, reply HELP to any message or contact us at contact@undervaluedx.com.
Support: For customer support, email contact@undervaluedx.com.

Opting out of SMS does not affect other notifications (email). You may re-enable SMS notifications at any time in your account Settings.

12. Fair Housing Act Compliance

Buyer represents and warrants that its use of the Platform, including the use of Auto-Bid criteria, does not and will not be used to facilitate discrimination on the basis of race, color, religion, sex, national origin, familial status, disability, or any other protected class under the Fair Housing Act (42 U.S.C. § 3601 et seq.) or applicable state law.

The Company reserves the right to immediately terminate the account of any Buyer that the Company reasonably believes is using the Platform in a discriminatory manner, without liability and without refund of Account Balance.

13. Account Suspension and Termination

13.1 Termination by Company for Cause

The Company may immediately suspend or permanently terminate a Buyer's account, without prior notice and without liability, for any of the following reasons:

Violation of any provision of this Agreement;
Suspected or confirmed fraud, misrepresentation, or abuse;
Conduct that harms the Company's marketplace, reputation, or other users;
Abusive, threatening, or indecent conduct toward Sellers or Company personnel;
Chargeback activity as described in Section 6.5;
Any activity that the Company reasonably believes violates applicable law.

Upon termination for cause, the Company shall retain any remaining Account Balance as liquidated damages, which the parties acknowledge is a reasonable estimate of the harm caused by such conduct and not a penalty.

13.2 Termination by Company Without Cause

The Company may terminate any Buyer's account without cause upon reasonable notice. In such cases, any unused Account Balance will be refunded to Buyer within ten (10) business days.

13.3 Termination by Buyer

Buyer may close their account at any time by contacting contact@undervaluedx.com. Upon closure, unused Account Balance will be refunded in accordance with Section 6.3, subject to deduction of any outstanding amounts owed.

13.4 Survival

Sections 8.7, 10, 11, 12, 14, 15, 16, 17, and 18 shall survive termination or expiration of this Agreement.

14. Disclaimer of Warranties

THE PLATFORM AND ALL LEADS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR NON-INFRINGEMENT.

THE COMPANY DOES NOT WARRANT THAT: (A) THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE; (B) ANY LEAD WILL RESULT IN A REAL ESTATE TRANSACTION; (C) A SELLER WILL RESPOND TO OR ENGAGE WITH BUYER; OR (D) THE INFORMATION IN ANY LEAD WILL REMAIN ACCURATE AFTER THE TIME OF SALE.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (A) THE COMPANY'S TOTAL LIABILITY TO BUYER ARISING OUT OF OR RELATED TO ANY SINGLE LEAD OR TRANSACTION SHALL NOT EXCEED THE PURCHASE PRICE PAID FOR THAT SPECIFIC LEAD. (B) IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, LOST BUSINESS OPPORTUNITIES, LOSS OF DATA, OR DAMAGES ARISING FROM A BUYER'S INABILITY TO COMPLETE A REAL ESTATE TRANSACTION, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (C) THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND SHALL APPLY EVEN IF ANY LIMITED REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE.

16. Indemnification

Buyer agrees to indemnify, defend, and hold harmless the Company and its members, managers, officers, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) Buyer's use of the Platform or any Lead; (b) Buyer's violation of this Agreement; (c) Buyer's violation of any applicable law, including the TCPA, CAN-SPAM, or Fair Housing Act; (d) Buyer's communications with Sellers; or (e) any dispute between Buyer and a Seller.

17. Dispute Resolution

17.1 Informal Resolution

Before initiating arbitration, the parties agree to attempt to resolve any dispute informally. The party raising a dispute shall provide written notice to the other party describing the dispute and the relief sought. The parties shall negotiate in good faith for a period of thirty (30) days following such notice.

17.2 Binding Arbitration

If the dispute is not resolved informally, it shall be resolved exclusively through binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, which are available at www.adr.org. The arbitration shall be conducted by a single arbitrator in the State of Delaware, or via remote hearing if agreed by both parties. The arbitrator's decision shall be final and binding, and judgment may be entered in any court of competent jurisdiction.

17.3 Class Action Waiver

BUYER EXPRESSLY WAIVES ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING OF ANY KIND. ALL DISPUTES MUST BE BROUGHT IN THE BUYER'S INDIVIDUAL CAPACITY ONLY. THIS WAIVER IS A MATERIAL TERM OF THIS AGREEMENT.

17.4 Exceptions

Notwithstanding the above, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm, pending resolution of a dispute through arbitration.

18. General Provisions

18.1 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles.

18.2 Modifications

The Company reserves the right to modify this Agreement at any time. Material modifications will be communicated to Buyers via email or a notice on the Platform at least fourteen (14) days prior to taking effect. Continued use of the Platform after the effective date of a modification constitutes acceptance of the modified Agreement.

18.3 Entire Agreement

This Agreement constitutes the entire agreement between the parties with respect to Buyer's use of the Platform and supersedes all prior agreements, representations, or understandings.

18.4 Severability

If any provision of this Agreement is found to be unenforceable, the remaining provisions shall remain in full force and effect, and the unenforceable provision shall be modified to the minimum extent necessary to make it enforceable.

18.5 No Waiver

Failure by the Company to enforce any provision of this Agreement shall not constitute a waiver of the Company's right to enforce that or any other provision in the future.

18.6 Assignment

Buyer may not assign this Agreement or any rights hereunder without the Company's prior written consent. The Company may assign this Agreement freely in connection with a merger, acquisition, or sale of assets.

18.7 Contact

For questions about this Agreement, please contact:
Undervalued Exchange
d/b/a UndervaluedX
contact@undervaluedx.com
UndervaluedX.com