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Terms of Service

Terms of Service

SmartDeal365 Effective Date: September 15, 2026 Last Updated: September 15, 2026

These Terms of Service ("Terms") govern your access to and use of the website located at https://smartdeal365.com, its subpages, forms, buyers list, deal listings, and all related communications and services (collectively, the "Platform"). The Platform is operated by Temamila Group LLC, a Nevada limited liability company, doing business as SmartDeal365 ("SmartDeal365," "we," "us," or "our").

By accessing the Platform, submitting any form, joining our buyers list, requesting information about any property, or submitting a deal to us, you ("you," "User") agree to be bound by these Terms, our Privacy Policy, our Communications Consent Policy, and our Disclaimer, each of which is incorporated into these Terms by reference. If you do not agree, do not use the Platform.

PLEASE READ SECTION 17 CAREFULLY. IT CONTAINS A BINDING ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS.

1. Eligibility

You must be at least 18 years old and legally able to enter into binding contracts to use the Platform. By using the Platform, you represent that you meet these requirements. If you use the Platform on behalf of a company or other entity, you represent that you are authorized to bind that entity to these Terms.

2. Nature of the Platform

2.1. Deal marketplace. SmartDeal365 is an online platform and community that markets real estate investment opportunities, including but not limited to off-market properties, wholesale deals, assignments of purchase contracts, Subject-To, Seller Financing, Novation, Fix & Flip, Buy & Hold, short-term rental (STR), and co-living opportunities (each, a "Deal").

2.2. Principal, not agent. Unless expressly stated otherwise in writing for a specific Deal, SmartDeal365 and its affiliates act as principals, as holders of an equitable interest under a purchase contract, or as joint venture partners with a third party. SmartDeal365 is not a licensed real estate broker, real estate agent, mortgage broker, mortgage loan originator, lender, attorney, accountant, financial advisor, investment advisor, or title/escrow company, and does not act on your behalf in any of those capacities. No agency, fiduciary, or brokerage relationship is created between you and SmartDeal365 by your use of the Platform.

2.3. Equitable interest. Many Deals are marketed on the basis of an equitable interest in a real estate purchase contract. In such cases, what is offered is the right to purchase the property under that contract (for example, by assignment of the contract), not a direct sale of real property owned by SmartDeal365, unless otherwise stated in the written agreement for that Deal.

2.4. Third-party Deals. Some Deals are submitted or controlled by third-party wholesalers, investors, or other partners ("Deal Partners"). SmartDeal365 does not own, control, or guarantee Deals submitted by Deal Partners.

2.5. Informational purpose. All content on the Platform, including listings, numbers, projections, and educational material, is provided for general informational purposes only and does not constitute an offer to sell or a solicitation of an offer to buy in any jurisdiction where such offer or solicitation would be unlawful. A Deal becomes binding only upon full execution of a separate written agreement.

3. Deal Listings and Information

3.1. No guarantee of accuracy. Deal information, including property condition, square footage, bedroom and bathroom count, purchase price, entry fee, loan balance, interest rate, monthly payment (PITI), after-repair value (ARV), repair estimates, rent estimates, cash flow, equity, and projected returns, is obtained from sellers, Deal Partners, public records, and third-party sources, and may contain estimates. All information is deemed reliable but is not guaranteed and is subject to errors, omissions, changes, prior sale, or withdrawal without notice.

3.2. Projections are not promises. Any projected ROI, cash flow, appreciation, or profit is a hypothetical estimate based on assumptions that may not occur. Past results of SmartDeal365, its founders, or its community do not guarantee future results.

3.3. Availability. Deals may be under contract, sold, or withdrawn at any time. Closed or unavailable Deals may remain visible on the Platform for reference and will be marked accordingly.

3.4. Your independent due diligence. You are solely responsible for conducting your own independent due diligence before entering into any Deal, including without limitation: physical inspection; title search and title insurance; review of existing loan terms, loan status, and payment history; review of any recorded liens, judgments, HOA obligations, taxes, and insurance; verification of zoning, permits, and occupancy; valuation; and consultation with your own licensed attorney, CPA, lender, and insurance professional.

4. Creative Finance Risks

You acknowledge that creative financing transactions carry specific risks, including but not limited to:

  • Due-on-sale clause. In a Subject-To transaction, the existing mortgage typically remains in the seller's name, and the lender may have the right to call the loan due upon transfer of the property. SmartDeal365 makes no representation that any lender will or will not exercise this right.
  • Payment and servicing risk. Missed or late payments on an underlying loan may result in default, credit damage, or foreclosure.
  • Insurance, tax, and escrow changes that may increase monthly obligations.
  • Seller Financing and Wrap risk, including compliance with federal and state lending laws (such as Dodd-Frank and the SAFE Act), which is the responsibility of the parties to the financing.
  • Market, vacancy, repair, and regulatory risk, including STR and co-living restrictions imposed by local governments or HOAs.

You accept these risks and agree that SmartDeal365 is not responsible for any losses arising from them.

5. Buyers List and Buy Box

By submitting your buying criteria ("Buy Box"), you request that we send you Deals and related information that may match your criteria. Matching is not guaranteed, and we may send Deals that do not fully fit your criteria. Joining the buyers list does not obligate you to buy, and does not obligate us to offer you any particular Deal or to give you priority over other buyers.

6. Deal Inquiries and Offers

6.1. Submitting an inquiry about a Deal does not reserve the Deal, create a contract, or give you any right to the property.

6.2. Deals are generally offered on a first-come, first-served basis to buyers who execute the required agreement and deposit any required earnest money. We may accept, reject, or counter any offer in our sole discretion.

6.3. Earnest money deposits, assignment fees, entry fees, and other amounts, and whether they are refundable, are governed exclusively by the written agreement for each Deal.

6.4. Proof of funds. We may request proof of funds, identity verification, or other information before providing detailed Deal information or accepting an offer.

7. Joint Venture and Deal Submissions

7.1. If you submit a property or contract to SmartDeal365 for disposition, joint venture, or marketing ("Submitted Deal"), you represent and warrant that:

(a) you hold a valid, enforceable written purchase contract or written authorization from the property owner or contract holder permitting you to market the property or contract; (b) you have the legal right to assign, market, or joint venture the Submitted Deal, and doing so does not violate any law, license requirement, or contractual restriction; (c) all information you provide is true, accurate, complete, and not misleading, and you will promptly notify us of any changes; and (d) you have disclosed to the seller any information required by applicable law regarding your intent to assign or market the contract.

7.2. No joint venture, partnership, or fee split is created unless and until a separate written joint venture agreement is signed by both parties. The terms of that agreement will control.

7.3. You grant SmartDeal365 a non-exclusive, royalty-free license to use, reproduce, and display the information, photos, and materials you provide in connection with marketing the Submitted Deal.

7.4. We may decline, edit, or remove any Submitted Deal at our sole discretion.

8. No Securities Offering

Nothing on the Platform is an offer to sell or a solicitation of an offer to buy any security, investment contract, or interest in any fund or pooled investment. Deals are offered as direct real estate transactions or contract assignments between the parties. If you wish to raise capital from others for any Deal, you are solely responsible for complying with applicable securities laws.

9. Non-Circumvention and Confidentiality

9.1. Confidential information. Non-public Deal information, including property addresses, seller identity, seller contact information, loan details, contract terms, and documents shared with you through the Platform or by our team ("Confidential Information"), is provided solely to allow you to evaluate the Deal.

9.2. Non-circumvention. For a period of twenty-four (24) months after you receive Confidential Information about a Deal, you agree not to, directly or indirectly (including through any affiliate, agent, family member, or entity), contact the seller, property owner, lender, tenant, or Deal Partner of that Deal for the purpose of purchasing, financing, or otherwise transacting in that property, or otherwise bypass SmartDeal365, without our prior written consent.

9.3. No sharing. You agree not to share, forward, re-market, or publish Confidential Information to any third party, other than your own attorney, lender, or advisor bound by confidentiality, without our prior written consent. You may not wholesale, re-assign, or "daisy-chain" a Deal received from SmartDeal365 without our prior written consent.

9.4. Remedies. If you breach this Section, you agree to pay SmartDeal365, as liquidated damages and not as a penalty, an amount equal to the assignment fee or profit SmartDeal365 would have reasonably earned on the Deal, plus reasonable attorneys' fees and costs. You also agree that we may seek injunctive relief without posting bond.

10. User Conduct

You agree not to:

  • provide false, misleading, or someone else's information in any form;
  • submit a form on behalf of another person without that person's authorization;
  • use the Platform for any unlawful, fraudulent, or deceptive purpose;
  • scrape, copy, harvest, or collect Deal data, contact information, or content by automated means;
  • interfere with the security or operation of the Platform;
  • harass, threaten, or abuse our team, sellers, or other users;
  • use Platform content to compete with SmartDeal365 or to build a competing deal list.

We may suspend or terminate your access at any time, with or without notice, for any violation of these Terms.

11. Communications

By submitting your contact information and providing consent through our forms, you agree to receive communications from SmartDeal365 as described in our Communications Consent Policy (https://smartdeal365.com/consent). Consent to receive marketing text messages or calls is not a condition of any purchase. You may opt out at any time as described in that policy.

12. Intellectual Property

All content on the Platform, including text, graphics, logos, the SmartDeal365 name and mark, design, software, and compilations of Deal data, is owned by or licensed to SmartDeal365 and is protected by intellectual property laws. You receive a limited, non-exclusive, non-transferable, revocable license to view the Platform for your personal evaluation of Deals. No other rights are granted.

13. Third-Party Services and Links

The Platform may link to or integrate third-party services (for example, Google Drive, scheduling tools, title companies, or payment processors). We are not responsible for third-party content, services, or practices, and your use of them is governed by their own terms.

14. Disclaimer of Warranties

THE PLATFORM, ALL DEALS, AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, OR HABITABILITY. UNLESS EXPRESSLY STATED IN A SIGNED WRITTEN AGREEMENT, PROPERTIES ARE OFFERED "AS IS, WHERE IS, WITH ALL FAULTS." SEE ALSO OUR DISCLAIMER (https://smartdeal365.com/disclaimer).

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SMARTDEAL365, TEMAMILA GROUP LLC, AND THEIR MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, EQUITY, DATA, OR INVESTMENT, ARISING OUT OF OR RELATED TO THE PLATFORM, ANY DEAL, OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THE PLATFORM OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS (US $100), OR (B) THE AMOUNT YOU PAID DIRECTLY TO SMARTDEAL365 FOR ACCESS TO THE PLATFORM IN THE TWELVE (12) MONTHS BEFORE THE CLAIM. LIABILITY RELATING TO A SPECIFIC DEAL IS GOVERNED BY THE WRITTEN AGREEMENT FOR THAT DEAL.

Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

16. Indemnification

You agree to defend, indemnify, and hold harmless SmartDeal365, Temamila Group LLC, and their members, managers, officers, employees, contractors, affiliates, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Platform; (b) any Deal you enter into; (c) any Submitted Deal or information you provide; (d) your breach of these Terms; or (e) your violation of any law or third-party right.

17. Dispute Resolution; Binding Arbitration; Class Action Waiver

17.1. Informal resolution first. Before filing any claim, you agree to contact us at info@smartdeal365.com and attempt to resolve the dispute informally for at least thirty (30) days.

17.2. Binding arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or the Platform that is not resolved informally will be resolved by final and binding arbitration administered by the American Arbitration Association (AAA) under its applicable rules. The arbitration will be conducted by a single arbitrator in Spokane County, Washington, or remotely by video if both parties agree. Judgment on the award may be entered in any court of competent jurisdiction.

17.3. Exceptions. Either party may (a) bring an individual claim in small claims court, and (b) seek injunctive or equitable relief in court to protect Confidential Information, enforce non-circumvention, or protect intellectual property.

17.4. Class action waiver. YOU AND SMARTDEAL365 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 CLAIMS OF MORE THAN ONE PERSON.

17.5. Jury trial waiver. TO THE EXTENT ANY DISPUTE PROCEEDS IN COURT, BOTH PARTIES WAIVE THE RIGHT TO A JURY TRIAL.

17.6. Time limit. Any claim must be brought within one (1) year after it arises, to the extent permitted by law.

18. Governing Law and Venue

These Terms are governed by the laws of the State of Washington, without regard to its conflict of law rules, and by the Federal Arbitration Act. Subject to Section 17, the exclusive venue for any court proceeding is the state or federal courts located in Spokane County, Washington, and you consent to their personal jurisdiction.

19. Changes to These Terms

We may update these Terms at any time by posting the revised version on the Platform and updating the "Last Updated" date. Your continued use of the Platform after changes are posted constitutes acceptance of the updated Terms.

20. General

These Terms, together with the policies incorporated by reference and any signed Deal agreement, form the entire agreement between you and SmartDeal365 regarding the Platform. If a signed Deal agreement conflicts with these Terms, the signed Deal agreement controls for that Deal. If any provision is found unenforceable, the remaining provisions remain in full effect. Our failure to enforce any provision is not a waiver. You may not assign these Terms without our written consent; we may assign them freely. Sections 3, 4, 7, 8, 9, and 12 through 20 survive termination.

21. Contact

SmartDeal365 (Temamila Group LLC) Website: https://smartdeal365.com Email: info@smartdeal365.com Phone: (321) 209-8087