ten31tracker Terms of Service
Effective Date: February 1, 2026 Last Updated: February 1, 2026 Company: ten31tracker LLC
Introduction
Welcome to ten31tracker. These Terms of Service ("Terms") govern your access to and use of the ten31tracker platform, website, and related services (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms.
Important: ten31tracker is a tracking and organization tool only. It does not provide legal, tax, or financial advice. All users should consult qualified professionals for 1031 exchange guidance. Data security features are designed for confidentiality.
Please read these Terms carefully before using the Service.
Acceptance of Terms
By creating an account, accessing, or using the Service, you agree to:
- Be bound by these Terms and our Privacy Policy
- Comply with all applicable laws and regulations
- Be at least 18 years old or the age of majority in your jurisdiction
- Have the authority to bind your organization if using the Service on behalf of a firm or company
If you do not agree to these Terms, do not use the Service.
User Accounts & Responsibilities
Account Creation
To use the Service, you must:
- Provide accurate, current, and complete registration information
- Maintain the security of your account credentials
- Promptly update your information if it changes
- Notify us immediately of any unauthorized access
Your Responsibilities
You agree to:
| Responsibility | Description |
|---|---|
| Accurate Data | Enter correct information for exchanges, deadlines, and client data |
| Authorized Use | Only access data you are authorized to view |
| Compliance | Use the Service in compliance with all applicable laws |
| Confidentiality | Protect login credentials and not share accounts |
| Appropriate Conduct | Not use the Service for any unlawful or harmful purpose |
Prohibited Activities
You may not:
- Attempt to gain unauthorized access to the Service or other accounts
- Interfere with or disrupt the Service's operation
- Reverse engineer, decompile, or disassemble the Service
- Use the Service to transmit malware or harmful code
- Scrape, harvest, or collect data without authorization
- Impersonate another person or entity
- Use the Service to violate any third party's rights
Service Description
What ten31tracker Provides
ten31tracker is a cloud-based software platform that helps law firms and qualified intermediaries (QIs) manage IRC Section 1031 like-kind exchange transactions. The Service includes:
- Exchange tracking and deadline management
- Client and property information organization
- Document storage and management
- Escrow ledger tracking
- Notification and reminder systems
- Reporting and compliance checklists
- Team collaboration features
What ten31tracker Does NOT Provide
ten31tracker is a tracking and organization tool only. It does not provide legal, tax, or financial advice.
The Service does not:
- Provide legal advice or attorney services
- Provide tax advice or accounting services
- Provide financial or investment advice
- Guarantee compliance with IRS regulations
- Create any legal privilege or fiduciary relationship
- Substitute for professional consultation
Always consult qualified professionals (attorneys, CPAs, tax advisors) for guidance on your specific 1031 exchange situations.
Service Availability
We strive to maintain high availability but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to:
- Scheduled maintenance (with reasonable advance notice when possible)
- Emergency maintenance or security updates
- Factors beyond our control (internet outages, third-party service issues)
Billing & Payments
Subscription Plans
ten31tracker offers tiered subscription plans:
| Plan | Features | Billing |
|---|---|---|
| Trial | 14-day free trial, 5 active exchanges | Credit card required |
| Pro | 100 active exchanges, unlimited seats | $149/month or $1,500/year |
| Pro Max | 300 active exchanges, unlimited seats | $299/month or $3,000/year |
| Enterprise | Custom limits, dedicated support | Contact sales |
Payment Processing
- Payments are processed securely through Stripe
- We accept major credit cards and ACH (for annual plans)
- You authorize recurring charges based on your billing cycle
- Prices are in US dollars and exclude applicable taxes
Billing Cycle
- Monthly plans: Billed on the same date each month
- Annual plans: Billed once per year with 15% discount
- Billing begins after your trial period ends
Refund Policy
No refunds are provided once a billing cycle begins.
- Trial period: Cancel anytime before trial ends to avoid charges
- Monthly plans: Cancel anytime; access continues until period ends
- Annual plans: Cancel anytime; access continues until period ends
- No partial refunds for unused time
Failed Payments
If payment fails:
- We will notify you and retry the charge
- You have 7 days to update payment information
- After 7 days, your account may be downgraded or suspended
- Outstanding balances remain due
Price Changes
We may change prices with 30 days' notice. Price changes take effect at your next billing cycle.
Intellectual Property
Our Intellectual Property
ten31tracker and its licensors own all rights to:
- The Service, including software, design, and functionality
- Our trademarks, logos, and brand elements
- Documentation, templates, and content we provide
You may not copy, modify, distribute, or create derivative works without our written permission.
Your Content
You retain ownership of data and content you upload to the Service ("Your Content"). By using the Service, you grant us a limited license to:
- Store, process, and display Your Content to provide the Service
- Create backups for data protection
- Use anonymized, aggregated data for service improvement
This license ends when you delete Your Content or terminate your account, except for:
- Backups retained per our data retention policy
- Anonymized data that cannot identify you
Feedback
If you provide suggestions or feedback, we may use it without obligation to you.
Limitations of Liability
Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND.
To the maximum extent permitted by law, we disclaim all warranties, express or implied, including:
- Merchantability
- Fitness for a particular purpose
- Non-infringement
- Accuracy or completeness of content
- Uninterrupted or error-free operation
Limitation of Damages
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
| Damage Type | Our Liability |
|---|---|
| Indirect damages | NOT LIABLE |
| Consequential damages | NOT LIABLE |
| Incidental damages | NOT LIABLE |
| Special damages | NOT LIABLE |
| Punitive damages | NOT LIABLE |
| Exemplary damages | NOT LIABLE |
| Lost profits | NOT LIABLE |
| Lost data | NOT LIABLE |
| Business interruption | NOT LIABLE |
Liability Cap
Our total liability for any claims arising from or related to these Terms or the Service is limited to:
- The fees you paid to us in the 12 months prior to the claim, OR
- $100 if you have not paid any fees
Exceptions
These limitations do NOT apply to:
- Gross negligence or willful misconduct
- Your indemnification obligations
- Intellectual property infringement
- Liability that cannot be limited under applicable law
- Privacy breaches under CCPA, TDPSA, or similar laws
Acknowledgment
You acknowledge that:
- The Service is a tool to assist, not replace, professional judgment
- You are responsible for verifying all calculations and deadlines
- We are not liable for missed deadlines or failed exchanges
- You should maintain independent records and backups
Indemnification
You agree to indemnify, defend, and hold harmless ten31tracker LLC, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:
- Your use of the Service
- Your Content
- Your violation of these Terms
- Your violation of any third party's rights
- Your violation of applicable laws
We will notify you of any such claim and may participate in the defense at our expense.
Termination
Termination by You
You may terminate your account at any time by:
- Canceling your subscription in account settings
- Contacting support@ten31tracker.com
Termination by Us
We may suspend or terminate your account if you:
- Violate these Terms
- Fail to pay fees when due
- Engage in fraudulent or illegal activity
- Pose a security risk to the Service or other users
We will provide notice when practicable, except in emergencies.
Effect of Termination
Upon termination:
- Your right to access the Service ends immediately
- You may export your data within 30 days (upon request)
- We may delete your data after 30 days, subject to legal retention requirements
- Outstanding fees remain due
- Provisions that should survive (indemnification, limitations of liability, dispute resolution) continue in effect
Governing Law
These Terms are governed by the laws of the State of Texas, without regard to conflict of law principles.
Dispute Resolution
We prefer to resolve disputes informally when possible. If a dispute arises, please follow these steps:
Step 1: Informal Resolution
Before initiating formal proceedings:
- Contact us at support@ten31tracker.com describing your concern
- We will respond within 60 days
- We will work in good faith to resolve the issue
Step 2: Binding Arbitration
If informal resolution fails, disputes will be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.
Arbitration Terms:
| Aspect | Terms |
|---|---|
| Location | Virtual hearings (video conference) |
| Arbitrator | Single arbitrator mutually agreed upon |
| Costs | Each party pays own costs; arbitrator fees split equally |
| Decision | Final and binding; enforceable in any court |
| Confidentiality | Proceedings are confidential |
Class Action Waiver
YOU AGREE TO RESOLVE DISPUTES ONLY ON AN INDIVIDUAL BASIS.
- No class actions, class arbitrations, or representative actions
- No consolidation with other proceedings
- No acting as a private attorney general
Jury Trial Waiver
YOU WAIVE ANY RIGHT TO A JURY TRIAL.
Small Claims Exception
Either party may bring individual claims in small claims court if:
- The claim is within the court's jurisdiction (generally under $10,000)
- The claim remains individual (not class or representative)
- The court is in your county of residence or Smith County, Texas
Opt-Out Right
You may opt out of arbitration by:
- Sending written notice to support@ten31tracker.com
- Within 30 days of accepting these Terms
- Including your name, email, and statement that you opt out
If you opt out, disputes will be resolved in court per the Venue section below.
Venue
For any litigation not subject to arbitration, you consent to exclusive jurisdiction in:
- State courts located in Smith County, Texas, OR
- Federal courts in the Eastern District of Texas
Time Limitation
Any claim must be filed within one (1) year after the cause of action arises, or it is permanently barred.
Changes to Terms
We may update these Terms from time to time. When we do:
- We will update the "Last Updated" date
- We will notify you of material changes via email or in-app notice
- Continued use after changes constitutes acceptance
- If you disagree with changes, you may terminate your account
We review these Terms at least annually.
General Provisions
Entire Agreement
These Terms, together with the Privacy Policy, constitute the entire agreement between you and ten31tracker regarding the Service.
Severability
If any provision is found unenforceable, it will be modified to the minimum extent necessary, and other provisions remain in effect.
Waiver
Our failure to enforce any right does not waive that right.
Assignment
You may not assign these Terms without our consent. We may assign our rights to an affiliate or successor.
No Third-Party Beneficiaries
These Terms do not create rights for any third party.
Force Majeure
We are not liable for delays or failures due to circumstances beyond our reasonable control.
Contact Us
For questions about these Terms, contact us at:
Email: support@ten31tracker.com
Mailing Address: ten31tracker LLC [Address to be added]
Summary of Key Terms
| Topic | Summary |
|---|---|
| Service Type | Tracking tool only; no legal/tax/financial advice |
| Refunds | No refunds once billing cycle begins |
| Liability Cap | 12 months of fees or $100 |
| Disputes | Binding arbitration (AAA); 30-day opt-out available |
| Class Actions | Waived; individual claims only |
| Governing Law | Texas |
| Venue | Smith County, Texas |
| Time Limit | Claims must be filed within 1 year |
This Terms of Service is reviewed annually or upon material changes.
ten31tracker is a tracking and organization tool only. It does not provide legal, tax, or financial advice. All users should consult qualified professionals for 1031 exchange guidance.