Terms of Service

1. Acceptance of terms

By creating an account or using The Lull ("Service", "we", "us"), you agree to these Terms of Service ("Terms"). If you do not agree, do not use the Service. These Terms contain a binding arbitration agreement and a class-action waiver in Section 13 that affect your legal rights. Please read them carefully.

2. Eligibility and age requirement

The Service is intended solely for use by commercial real estate professionals and other business users. You must be at least 18 years of age to create an account or use the Service. The Service is not directed to or intended for use by children, and in particular is not directed to children under the age of 13. By creating an account, you represent and warrant that you are at least 18 years old. If we learn that an account has been created by anyone under 18, we will terminate it; if we learn we have collected information from a child under 13, we will delete it. See our Privacy Policy for details on our COPPA compliance.

3. Use of the Service

The Service aggregates publicly available commercial real estate data, public filings, and user-submitted content. You may use the Service for your internal business purposes. You may not resell data, scrape the Service, or use it to build a competing product.

4. Accounts and teams

You are responsible for safeguarding your credentials and for activity under your account. Team administrators may invite or remove members and access team data on the Service.

5. User responsibilities

You are responsible for ensuring you have appropriate authorization to upload and process any documents through our service, including compliance with any applicable confidentiality agreements or non-disclosure agreements. You represent that any content you submit does not infringe the intellectual property, privacy, or other rights of any third party.

6. AI-generated content and AI disclosure

The Lull is an AI-powered service. Memos, valuations, market narratives, summaries, and other analyses produced by the Service are generated, in whole or in part, by artificial intelligence models (including large language models provided by Anthropic) based on the inputs you and our data sources provide. When you interact with these outputs, you are interacting with content created by automated AI systems, not by a human author.

AI-generated content may contain errors, omissions, or "hallucinations" (plausible-sounding but incorrect statements), and may not reflect the most current information. Outputs are provided for informational purposes only and do not constitute investment, legal, accounting, tax, appraisal, or other professional advice. You are solely responsible for independently reviewing, verifying, and confirming any AI-generated output with a qualified professional before relying on it or taking any action. The inputs you submit may be processed by our AI subprocessors as described in our Privacy Policy.

7. Intellectual property and ownership

The Service, including its software, design, text, and aggregated data compilations, is owned by The Lull and protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your internal business purposes, subject to these Terms.

You retain ownership of the content and documents you upload ("User Content"). You grant The Lull a worldwide, non-exclusive license to host, store, process, and display your User Content solely as needed to operate and provide the Service to you. You are responsible for ensuring you have the rights necessary to grant this license.

8. Copyright policy & DMCA takedown

The Lull respects the intellectual property rights of others and complies with the U.S. Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512. We will respond to valid notices of alleged copyright infringement and, in appropriate circumstances, will remove or disable access to infringing material and terminate the accounts of repeat infringers.

Filing a takedown notice. If you believe content on the Service infringes your copyright, send a written notice to our designated DMCA agent (below) that includes: (a) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (b) identification of the copyrighted work claimed to be infringed; (c) identification of the material claimed to be infringing and information reasonably sufficient to locate it on the Service; (d) your contact information (address, telephone number, and email); (e) a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; and (f) a statement, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf.

Counter-notification. If you believe your content was removed by mistake or misidentification, you may submit a counter-notice to our designated agent containing the information required by 17 U.S.C. § 512(g), including your signature, identification of the removed material and its prior location, a statement under penalty of perjury that you have a good-faith belief the material was removed by mistake, and your consent to the jurisdiction of the federal district court for your address (or the Southern District of New York if outside the United States).

Designated DMCA agent. Notices and counter-notices may be sent to our designated agent:

Attn: DMCA Agent, The Lull
2 Blue Slip, Brooklyn, NY 11222
Email: dmca@thelull.fyi

Misrepresentations in a notice or counter-notice may subject you to liability for damages under 17 U.S.C. § 512(f).

9. Billing

Paid plans are billed in advance on a monthly basis. You may cancel at any time; access continues through the end of the paid period. Refunds are issued at our sole discretion.

10. Data accuracy and warranty disclaimer

We work to keep deal and market data accurate, but the Service is provided "as-is" and "as-available" without warranties of any kind, whether express, implied, or statutory, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We are not liable for errors, omissions, or decisions made in reliance on the Service.

11. Limitation of liability

To the maximum extent permitted by law, The Lull and its affiliates are not liable for any indirect, incidental, special, or consequential damages, or loss of profits, data, or business opportunity, arising out of your use of the Service. To the maximum extent permitted by law, our total aggregate liability for any claim arising out of or relating to the Service or these Terms will not exceed the amounts you paid us for the Service in the twelve (12) months preceding the event giving rise to the claim.

12. Indemnification

You agree to indemnify, defend, and hold harmless The Lull and its affiliates, officers, and employees from and against any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to your User Content, your use or misuse of the Service, or your violation of these Terms or any law or third-party right.

13. Binding arbitration and class-action waiver

Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court and to have a jury trial.

Agreement to arbitrate. Except as set out below, you and The Lull agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, rather than in court. The Federal Arbitration Act governs the interpretation and enforcement of this section. The arbitration will be conducted in New York, New York, or another mutually agreed location, and judgment on the award may be entered in any court of competent jurisdiction.

Class-action waiver. You and The Lull agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any form of a representative or class proceeding.

30-day opt-out. You may opt out of this arbitration agreement within 30 days of first accepting these Terms by sending written notice of your decision to opt out to support@thelull.fyi with the subject line "Arbitration Opt-Out," including your name and account email. If you opt out, neither the arbitration agreement nor the class-action waiver will apply to you.

Exceptions. Either party may bring an individual claim in small-claims court, and either party may seek injunctive or other equitable relief in court to protect its intellectual property rights. If the class-action waiver is found unenforceable as to a particular claim, that claim (and only that claim) will be severed and may proceed in court.

14. Governing law and venue

These Terms are governed by the laws of the State of New York, without regard to its conflict-of-laws rules. Subject to the arbitration agreement in Section 13, you and The Lull consent to the exclusive jurisdiction of the state and federal courts located in New York County, New York for any dispute not subject to arbitration.

15. Termination

We may suspend or terminate accounts that breach these Terms. You may delete your account at any time by contacting support.

16. Changes to these Terms

We may update these Terms from time to time. Material changes will be announced via email or in-app notification. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

17. Contact

Questions about these Terms: support@thelull.fyi. Copyright/DMCA notices: dmca@thelull.fyi.