1. Acceptance
By creating an account or using Back of the Napkin (“Service,” “NAP,” “we,” “us”), you (“User”) accept and agree to be bound by these Terms of Service (“Terms”). If you do not agree, do not use the Service.
2. Description of Service
Back of the Napkin provides automated rough-order-of-magnitude (“ROM”) construction cost estimates, financial pro formas, deal analysis packages, and related documents for retail and restaurant commercial real estate spaces. All outputs are generated algorithmically from user-supplied inputs and publicly available cost data.
3. Estimates Are Not Professional Advice
All estimates, pro formas, cost figures, space programs, and documents produced by NAP are ROM approximations intended solely to support early-stage deal decision-making. They are NOT: (a) licensed contractor bids; (b) licensed architect, engineer, or designer drawings or specifications; (c) legal advice or licensed real estate brokerage services; (d) certified financial analysis or investment advice.
ALL OUTPUTS REQUIRE INDEPENDENT REVIEW BY QUALIFIED, LICENSED PROFESSIONALS BEFORE BEING RELIED UPON FOR ANY COMMERCIAL, FINANCIAL, OR LEGAL PURPOSE.
4. Informed Decision Support Only
The intent of the Service is to provide a rough order of magnitude to enable informed decision-making around a deal and deal terms — specifically: (a) whether to pursue a commercial lease negotiation, (b) what TI allowance to request, (c) whether projected economics support a concept, and (d) what scope of work is typical for a given use type and square footage. No warranty is made that any output will match actual contractor bids, actual construction costs, or actual lease economics.
5. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) NAP SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF, OR RELIANCE ON, ANY SERVICE OUTPUT; (B) NAP’S TOTAL CUMULATIVE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE SPECIFIC ESTIMATE OR DEAL PACKAGE GIVING RISE TO THE CLAIM (TYPICALLY $9.99–$24.99); (C) NAP IS NOT LIABLE FOR ANY INCONSISTENCY BETWEEN SERVICE OUTPUTS AND ACTUAL CONTRACTOR BIDS, SUBCONTRACTOR PRICING, MATERIAL COSTS, LABOR RATES, PERMIT FEES, OR LEASE TERMS NEGOTIATED BY ANY PARTY.
6. Dispute Resolution & Arbitration
ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL BE RESOLVED EXCLUSIVELY BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS CONSUMER ARBITRATION RULES. YOU WAIVE ANY RIGHT TO A JURY TRIAL AND ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE PROCEEDING.
You agree not to initiate, join, or participate in any lawsuit or litigation in any court against NAP for any claim covered by these Terms. Arbitration is your sole and exclusive remedy. Arbitration shall take place in the county of your residence or, at NAP’s election, by video conference.
7. Data Ownership
(a) NAP owns and retains all rights in the platform, algorithms, estimate engine, financial models, and all aggregate or anonymized outputs derived from Service usage. (b) You retain ownership of the raw input data you provide. You grant NAP a perpetual, royalty-free, worldwide license to use your anonymized input data to improve the Service. (c) Generated documents downloaded or emailed to you are licensed for your personal and business use; you may not resell them as standalone products.
8. Communications
By creating an account, you agree to receive transactional emails from NAP including deal package deliveries, account notifications, and product updates. You may opt out of non-transactional emails at any time via your Account page.
9. Modifications
NAP may update these Terms at any time. Continued use of the Service after notice of changes constitutes acceptance. Material changes will be communicated via email or in-app notice.
10. Governing Law
These Terms are governed by the laws of the State of California without regard to its conflict-of-law provisions.