Terms of Service

1031Assist is software for organizing property and 1031 exchange records, collaborating with invited professionals, and preparing planning calculations and workpapers. The operator is 1031Assist.com, LLC, a Utah limited liability company ("1031Assist," "we," or "us").

These Terms are between you and 1031Assist.com, LLC, which operates and provides the website and application to end customers. References to "1031Assist," "we," "us," and "our" mean that operating company. Our Privacy Policy explains the handling of personal information.

1031Assist is not your qualified intermediary, real estate broker, attorney, tax adviser, or tax return preparer. We do not hold exchange funds, manage escrow, conduct closings, or prepare or file your tax return. A subscription purchases software access; it does not create a professional-client relationship with us.

You engage your own professionals and remain responsible for transaction decisions, notices, documentation, and filings. Recording information in the application does not itself deliver a legally required identification notice or complete a filing.

The current offering does not sell advertising, paid listings, or paid placements, and does not charge a real estate commission, referral fee, or transaction fee. Information about professionals and properties may come from users or third parties. Their inclusion is not our endorsement or verification.

The service is offered to US customers aged 18 or older, including authorized representatives of companies and other organizations. If you act for another person or organization, you must have authority to use its information and accept the applicable terms on its behalf.

Use an account only with the account holder's authorization. Keep account details accurate and credentials confidential, and report suspected unauthorized access through support@1031assist.com.

Submit only relevant property, closing, entity, and tax-support records you are authorized to provide. Minimize personal identifiers and remove unnecessary sensitive information. Do not upload medical records, payment-card data, passwords, or other access credentials. Also do not submit sensitive information protected by special legislation that requires unique treatment unless we have expressly confirmed support for that category in writing. An upload feature does not establish permission for every tax or financial document; remove unnecessary sensitive information and confirm that you have the required rights before submitting it.

Do not access records without permission, defeat access controls, upload unlawful or malicious material, impersonate another person, or interfere with the service. You are responsible for the accuracy and lawful use of information you submit and for checking collaborator permissions.

You retain your existing rights in the records and documents you provide. You authorize us to host, process, display, and transmit that material to provide the service and the sharing or assistance you request, and to use the service providers and processing purposes described in the Privacy Policy, including the Base44 terms and limits in section 6. This permission is subject to applicable law and agreements. It does not supply rights you do not have, override restrictions on sensitive information, or retroactively authorize broader uses of previously collected information. Upload only material you are authorized to provide.

Invited professionals, exchange participants, authorized company users, and share-link recipients can receive access under the applicable permissions. Revoking access cannot retrieve copies a recipient has already downloaded or retained outside the service.

Holladay Labs IP, LLC is the intended software licensor to 1031Assist.com, LLC. 1031Assist.com, LLC remains the customer-facing operator. Software licensing does not itself grant the licensor access to customer records.

Software, brand, and other service materials remain subject to their respective owners' intellectual-property rights. Permission to use the application does not transfer ownership of software or another user's content. Keep independent copies of records needed for transactions and tax reporting.

The Free plan has no trial expiration. Paid plans provide additional features and capacity. Current prices in US dollars are on the pricing page:

• Investor: $29 per month or $314 per year.
• Portfolio: $99 per month or $1,069 per year.
• Enterprise: pricing and additional terms by agreement.

Investor and Portfolio subscriptions are billed in advance through Stripe and renew automatically at the end of each monthly or annual billing period until canceled. Review the price, interval, renewal terms, and any additional amounts shown at checkout before confirming payment.

Cancel through Settings → Manage Billing, which opens the billing portal. For ordinary cancellation under the current configuration, cancellation takes effect at the end of the current paid billing period, and paid access continues until then. The first-purchase refund policy below provides a separate way to end the refunded subscription's paid access. Review the effective date and any charge or credit shown in the portal before confirming a plan change.

Canceling a subscription does not itself delete your account or records. When paid access ends, Free-plan features and limits apply, subject to any separately active access grant. Access to existing records and exports remains subject to the applicable plan and permissions; some paid features or new-record creation may be unavailable.

First-purchase refund: You are eligible for a full refund if you contact support@1031assist.com within seven calendar days of your first paid subscription purchase, whether monthly or annual. Paid access from the refunded subscription ends when the refund is processed; any separately active access grant is unaffected. Requests are handled manually.

Otherwise, cancellation stops renewal at the end of the paid billing period, without routine refunds for unused time. Renewals and plan changes do not create a new first-purchase refund window. Billing mistakes and exceptional cases are reviewed individually. Nothing in this refund policy limits rights or remedies required by applicable law.

Future price increases apply at renewal with at least 30 days' advance email notice linking to the dated terms. Longer notice and affirmative consent apply where required. The operator-initiated termination and refund terms in section 8 remain separate from ordinary cancellation.

Calculations depend on recorded facts and the assumptions and limitations shown with the result. Tax estimates, basis figures, deadlines, and Form 8824 workpapers require review against source records and applicable requirements. An exported workpaper is not a filed tax return.

An alert, completed checklist, or calculated result does not establish that an exchange satisfies legal requirements. A missing alert does not establish compliance. You and your advisers must independently confirm deadlines, written identification, property receipt, tax ownership, basis, depreciation, and return treatment.

Do not treat a missing, withheld, provisional, or "Not computed" amount as zero or as an approved outcome. Record-specific requests for preparer input or a documented basis determination still apply. A general disclaimer does not resolve incomplete or conflicting evidence.

When you choose an AI-assisted feature, the text and selected documents for that request, including private documents, may be processed through Base44 by third-party AI providers. Read the feature disclosure before authorizing a request and submit only material you are entitled to provide.

AI suggestions can be inaccurate or incomplete. Verify suggested facts, references, and answers against original records before accepting or using them. AI output is not a professional opinion, document-authenticity verification, or a determination of tax treatment.

Hosting-provider training: Our Base44 hosting plan is non-Enterprise. Its current terms and plan documentation permit training use of workspace data, including information submitted through app forms, without a plan-level opt-out. We do not promise that information submitted through 1031Assist is excluded from Base44's AI training. Choosing not to use an AI-assisted feature does not create a hosting-level training opt-out. The DPA's personal-data restrictions do not establish a blanket AI-training exclusion. See the Privacy Policy, section 6, for provider terms and limits.

The service depends on hosting, identity, payment, communications, and other providers. Features can be interrupted or unavailable. Keep copies of important records and independently track deadlines rather than relying exclusively on application access or reminders.

You can stop using the application at any time. Stopping use does not cancel a paid subscription; use Manage Billing to stop renewal. Account deletion is separate from subscription cancellation.

We may temporarily restrict access immediately when reasonably needed to address a credible security threat, fraud, or a legal requirement. Before terminating access for a curable material breach of these Terms, we will give notice of the breach and 10 calendar days to correct it.

If we end the service or your access without fault on your part, we will give at least 30 days' notice, stop future renewals, and refund the unused prepaid portion of the service on a pro rata basis. We will provide a reasonable opportunity to retrieve your records through supported export methods, subject to lawful access and security restrictions. This is not a promise of an export containing every category of personal data.

The first-purchase refund policy in section 5 remains available on its stated terms. Termination does not itself erase records, cancel every separate service, or remove another person's rights in shared information.

To the extent permitted by applicable law, the service is provided "as is" and "as available." We do not promise uninterrupted or error-free operation, a particular investment result, or a particular tax outcome. Nothing in these Terms excludes a right, remedy, warranty, or liability that applicable law does not permit us to exclude.

Subject to the exceptions below and to the extent permitted by applicable law, 1031Assist.com, LLC's total aggregate liability to you for all claims arising from or relating to the service or these Terms, whether in contract, tort (including ordinary negligence), or otherwise, is limited to the lesser of $100 or the fees you paid 1031Assist.com, LLC for the service during the 12 months before the first event giving rise to those claims. Multiple claims do not increase this aggregate limit. If you paid no fees during that period, the limit is $0, subject to the exceptions below.

To the extent permitted by applicable law, 1031Assist.com, LLC excludes liability for indirect, incidental, special, consequential, exemplary, or punitive damages arising from or relating to the service or these Terms, even if advised of the possibility of those damages.

These limitations apply to the fullest extent permitted by applicable law. Nothing in this section excludes or limits liability to the extent applicable law prohibits doing so. The cap does not reduce our express refund obligations.

Utah law governs these Terms, subject to mandatory protections that apply regardless of contractual choice. Disputes may be brought in the state courts located in Salt Lake County, Utah, or the United States District Court for the District of Utah, subject to the court's jurisdiction and any mandatory right to use another forum.

We invite you to contact legal@1031assist.com and allow 30 days for informal resolution. This is not a condition of bringing a claim and does not delay urgent relief or a timely filing.

These Terms impose no customer indemnity obligation, mandatory arbitration, or class-action waiver.

We will give at least 30 days' advance notice by email of materially adverse changes to these Terms, with a link to the dated revision and its effective date. Price increases apply at renewal with at least the same advance email notice. Longer notice or affirmative consent will be used where applicable law requires it.

We will preserve dated versions and records of applicable acceptance. A posted revision or continued use alone will not substitute for required notice or affirmative consent. New terms and privacy revisions do not themselves authorize broader uses of previously collected information.

Operator: 1031Assist.com, LLC, formed in Utah.

• Legal notices: legal@1031assist.com.
• Privacy requests: privacy@1031assist.com.
• Product and billing support: support@1031assist.com.
• Legal-notice mailing address: 5855 S Whitewater Dr, Holladay, UT 84121.