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Terms of Service

Effective June 1, 2026 · Epilet, LLC

First Off Market Effective date: June 1, 2026 Operated by: Epilet, LLC ("First Off Market", "we", "us", "our")

By creating an account or using First Off Market (the "Service"), you ("Customer", "you") agree to these Terms. If you do not agree, do not use the Service.

1. Who may use the Service (B2B only)

The Service is offered only to businesses and professionals. To use it you affirm the attestation you accepted at signup:

I am a real-estate investor, wholesaler, or licensed real-estate professional, and I am accessing this data for legitimate real-estate business purposes. In any outreach I conduct, I will comply with all applicable laws, including the TCPA, the National Do Not Call registry, the FDCPA, and applicable state consumer-protection laws, and I will not use this data to harass property owners or contact them unlawfully.

You represent that you are using the Service in a business capacity, not as a consumer. The Service is not offered to property owners seeking help with their own situation, and no part of it is intended for personal, household, or consumer use.

2. What First Off Market is and is not

First Off Market is a real-estate investor data platform. We aggregate public records and licensed third-party data and sell access to that data to investors and professionals. We do not represent, counsel, or assist property owners. We do not contact property owners. We are not a foreclosure consultant, loan-modification service, credit-repair service, debt collector, or consumer-reporting agency.

The Service provides data and tools. It does not provide legal, financial, tax, title, or investment advice. You are solely responsible for your own due diligence and for how you use the data.

3. Acceptable use and prohibited use

You agree to use the Service only for lawful business purposes. Lawful outreach to property owners is a permitted use of the data. You agree that you will not:

(a) Contact any property owner in violation of the TCPA, the National Do Not Call registry, the FDCPA, CAN-SPAM, or any applicable federal or state consumer-protection, telemarketing, or anti-harassment law. You are responsible for your own DNC scrubbing, consent, and compliance, regardless of any flags the Service displays.

(b) Use the data, or any contact information, for any purpose regulated by the Fair Credit Reporting Act (FCRA), including decisions about credit, employment, insurance, housing eligibility, or tenant screening. The data is not a consumer report and we are not a consumer-reporting agency.

(c) Use any data derived from driving records, motor-vehicle records, or financial-institution records for any purpose prohibited by the Driver's Privacy Protection Act (DPPA) or the Gramm-Leach-Bliley Act (GLBA).

(d) Harass, threaten, stalk, intimidate, or deceive any person.

(e) Resell, redistribute, sublicense, scrape, or build a competing dataset or product from the data or the Service.

(f) Share your account credentials, exceed posted rate limits, or access the Service by automated means except through features we provide (export, API, webhooks).

(g) Misrepresent your identity, your business, or your purpose.

Breach of this Section is grounds for immediate suspension or termination, and we will retain the audit log of your activity (see §7) for use in any dispute or compliance inquiry.

4. The data: sources, accuracy, and disclaimers

The data is aggregated from public records (county recorder, assessor, and treasurer filings) and licensed third-party providers. Foreclosure-filing status, valuations, equity estimates, ownership details, contact information, and distress signals are provided "AS IS" and "AS AVAILABLE," without warranty of accuracy, completeness, timeliness, or fitness for any purpose.

Specifically: public records change continuously; a property shown as in pre-foreclosure may have been cured, reinstated, sold, or listed after our most recent update. Valuations and equity figures are automated estimates, not appraisals. Contact data is probabilistic and may be wrong or out of date. You must independently verify any data before relying on it, and the data is not a substitute for a title search, legal advice, or professional due diligence.

5. Skip-tracing and contact data

Where the Service returns owner contact information ("skip-trace" results), any Do Not Call (DNC) or TCPA-litigator flags are passed through from our data provider as-returned, without transformation. These flags are informational and not a guarantee. They do not relieve you of your independent obligation to scrub against the current National DNC registry and to comply with all applicable laws before contacting anyone. Skip-trace access is metered by credits per your plan (§6).

6. Plans, billing, trials, and cancellation

7. Audit log

We retain a log of skip-trace requests (who requested, which property, what was returned) for at least 12 months, for vendor disputes and compliance inquiries. This log is part of our compliance posture and may be retained after account termination.

8. License and intellectual property

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the data for your own internal business use during your subscription. All Service software, design, and compiled datasets remain our property or our licensors'. You receive no right to resell or redistribute the data (§3(e)).

9. Property-owner data requests

A property owner may request removal of their information from our public preview pages. We honor verified deletion requests within 30 days (see Privacy Policy). This does not affect your obligation to delete or stop using data you have already exported if required by law.

10. Suspension and termination

We may suspend or terminate your access immediately for breach of §3, for non-payment, or to comply with law. You may terminate by cancelling your account. On termination, your license to the data ends and you must stop using and delete any data we identify as requiring deletion.

11. Disclaimers

THE SERVICE AND DATA ARE PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.

12. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS. OUR TOTAL LIABILITY ARISING FROM OR RELATED TO THE SERVICE WILL NOT EXCEED THE AMOUNTS YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM.

13. Indemnification

You will defend, indemnify, and hold us harmless from any claim, loss, or liability (including reasonable legal fees) arising from: (a) your use of the data or Service; (b) your contact with or outreach to any property owner or other person; (c) your violation of §3 or of any law; or (d) your violation of these Terms. This Section survives termination.

14. Changes to these Terms

We may update these Terms prospectively. Material changes will be notified by email or in-product. Continued use after the effective date of a change constitutes acceptance.

15. Governing law, arbitration, and disputes

Governing law. These Terms are governed by the laws of the State of California, without regard to conflict-of-laws rules. The substantive laws of the state where a given property is located, including Arizona, independently govern conduct relating to that property, and nothing in these Terms waives or limits those obligations.

Informal dispute resolution. Before initiating arbitration, you and we agree to first try to resolve any dispute through good-faith informal negotiation. The party initiating a dispute must send a written notice to the other party describing the nature of the claim and the relief sought. Notices to us go to hello@firstoffmarket.com; notices to you will be sent to the email address on file for your account. The parties will have sixty (60) days from the date the notice is received to resolve the dispute. Completing this process is a precondition to filing for arbitration.

Binding arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or the Service that is not resolved through informal dispute resolution will be settled by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, before a single arbitrator. The seat of arbitration is San Francisco, California, and proceedings may be conducted by videoconference. Judgment on the award may be entered in any court of competent jurisdiction. The Federal Arbitration Act governs the interpretation and enforcement of this Section.

Class-action waiver. Disputes will be arbitrated only on an individual basis. You and we waive any right to bring or participate in a class, collective, consolidated, or representative action. The arbitrator may not consolidate the claims of more than one person, may not preside over any representative or class proceeding, and may not award relief beyond that of the individual claimant.

Coordinated mass-action protection. If twenty-five (25) or more substantially similar arbitration claims are filed against us by or with the assistance of the same or coordinated counsel within any rolling 60-day period, we may, at our sole option and on written notice, elect to have all such claims (including yours, if it is one of them) consolidated and heard exclusively in the state or federal courts located in San Francisco County, California, and the parties consent to the exclusive jurisdiction of those courts for that purpose. This provision is intended to address coordinated mass-arbitration filings and does not apply to ordinary individual claims.

Jury trial waiver. To the extent any claim proceeds in court rather than arbitration, each of you and we knowingly and voluntarily waives any right to a trial by jury.

Carve-outs. The arbitration requirement does not apply to: (a) individual claims brought in small-claims court if they qualify; or (b) actions in court seeking injunctive or other equitable relief to protect intellectual property or confidential information, or to stop misuse of the data under Section 3.

Confidentiality. The existence, content, and outcome of any arbitration are confidential, except as needed to enforce an award, comply with law, or pursue a carve-out remedy.

Opt-out. You may opt out of this arbitration agreement (the "Binding arbitration," "Class-action waiver," and "Coordinated mass-action protection" provisions above) by emailing hello@firstoffmarket.com within thirty (30) days of first accepting these Terms. An opt-out applies only to your account and does not affect any other provision of these Terms.

Severability of this Section. If any provision of this Section 15 is found unenforceable, the unenforceable provision will be severed and the remaining provisions will continue in effect, except that if the "Class-action waiver" is found unenforceable with respect to a particular claim, that specific claim will proceed in court rather than in arbitration.

16. General

These Terms, together with the Privacy Policy and any plan terms, are the entire agreement between us. If any provision is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger or sale.

17. Contact

Questions about these Terms: hello@firstoffmarket.com / 548 Market St PMB 70470, San Francisco, California 94104-5401.

firstoffmarket.com is a real estate investor data platform. We aggregate public records and sell access to investors. We do not represent, counsel, or assist property owners.