Last updated 18 August 2026
These terms govern access to and use of the CREAssets platform by sponsors, fund managers, their teams, and the investors they invite.
To be completed by counsel
This document is a complete structure with the operative software terms filled in. It is not yet legally effective. Before it is presented to users as binding, counsel for the operating entity must supply the items marked below and confirm the whole.
Nothing in this document asserts a regulatory status, registration or certification. Do not add one that has not been obtained.
These Terms of Service (the “Terms”) form an agreement between you and the entity that operates CREAssets (the “Operator”). By creating an account, accepting an invitation, or otherwise using the platform (the “Service”), you agree to them. If you are agreeing on behalf of a company, fund or other organisation, you confirm you are authorised to bind it, and “you” means that organisation.
To be completed by counsel
Insert the legal name, entity type and registered address of the operating entity, and state whether a separate master services agreement takes precedence over these Terms for enterprise customers.
The Service is software for administering private real-estate and other private-market investment programmes. It provides tools for investor onboarding and record-keeping, offering and subscription workflows, document storage and e-signature, capital calls, distributions and waterfall calculations, payment instruction and reconciliation, reporting, and investor communications.
The Service is provided as hosted software. The Operator hosts and maintains it; you do not receive a copy of the software and are not permitted to host it yourself.
The Service is administrative software. It does not provide investment, legal, tax or accounting advice, and no output of the Service — a waterfall calculation, a projection, a valuation, a performance metric, an AI-assisted document analysis — is a recommendation or an opinion of the Operator.
The Operator is not a party to any offering conducted using the Service, does not underwrite, endorse or verify any offering, and does not act as your agent in respect of any investor or investment.
Calculations produced by the Service reflect the configuration you enter. You are responsible for verifying that configuration and for reviewing every calculation before you rely on it or send it to an investor.
To be completed by counsel
Confirm the disclaimer language required in each jurisdiction in which the Operator offers the Service, and whether an express statement that the Operator is not a broker-dealer, investment adviser, funding portal, transfer agent, fund administrator or custodian is required.
You must provide accurate account information and keep it current. You are responsible for all activity under your account and for the security of your credentials, including any second-factor device. Notify the Operator promptly of any suspected unauthorised access.
Accounts are for a named individual. Do not share credentials. An organisation’s administrator may add, remove and set the permissions of its users, and is responsible for those decisions.
To be completed by counsel
Specify the minimum age, any jurisdictions from which the Service is not offered, and any sanctions/AML screening representations the Operator requires from account holders.
A sponsor (also “GP”, issuer or manager) uses the Service to administer its own investment programmes and controls the data in its workspace.
An investor uses the Service through an invitation from a sponsor, to review offerings made available to them, subscribe, receive notices and access documents and tax forms.
The relationship between a sponsor and its investors is governed by the sponsor’s own offering documents — the subscription agreement, operating or partnership agreement, and private placement memorandum — not by these Terms. Where these Terms and those documents differ on any matter between a sponsor and its investors, those documents govern.
Each sponsor is solely responsible for the legality of its offerings, for the accuracy of what it publishes to investors through the Service, and for complying with the securities, tax and anti-money-laundering rules that apply to it.
You retain all rights in the data and documents you upload or generate in the Service (“Customer Data”). You grant the Operator a limited licence to host, process, transmit and display Customer Data for the purpose of providing the Service to you and as instructed by you.
The Operator does not sell Customer Data and does not use the personal information within it to advertise to your investors. Handling of personal information is described in the Privacy Policy.
You may export your Customer Data at any time while your subscription is active, using the export features in the Service.
To be completed by counsel
The sentence above is accurate and deliberately narrow: export works while the subscription is active, because that is when the customer can still sign in. Do not widen it to cover termination — section 14 no longer promises a post-termination export, and the reason is in the CounselNote there (Q-40, 2026-08-25).
This note previously said to “confirm the retention and deletion period after termination (see section 14)”. Section 14 no longer states one, so there is nothing to confirm against until a data-return clause is drafted.
Still open for counsel: whether a data processing addendum is offered, and whether the Operator may use aggregated, de-identified data for product improvement or benchmarking. State the answer plainly here — do not leave it to inference.
You must not, and must not permit anyone else to:
The Service can instruct payments — capital-call collections and distributions — through third-party payment providers that you connect and configure. Those providers hold and move the money; the Operator does not take custody of investor funds through the Service and does not hold client money.
You are responsible for the accuracy of every payment instruction you approve, including amounts, bank details and recipients. Payment providers impose their own terms, cut-off times, limits and reversal rules, and those apply to the movement of funds.
Records in the Service are a record of what the Service was told and what the connected provider reported. They are not a bank statement. Reconcile against your bank records.
To be completed by counsel
Confirm this reflects the arrangement with each connected provider, and add any money-transmission, e-money or safeguarding disclosures those arrangements require in the jurisdictions served.
Fees, the billing period and the plan limits are those set out in your order or on the Operator’s published pricing at the time you subscribe. Fees are payable in advance unless your order says otherwise. Taxes are additional where applicable.
To be completed by counsel
Insert the payment terms: currency, invoicing and due dates, late payment consequences, renewal and price-change notice periods, refund policy, and how overage or plan-limit changes are billed.
The Operator aims to keep the Service available and will give advance notice of planned maintenance where practicable. Features may be added, changed or removed; where a change materially reduces functionality you rely on, the Operator will give notice before it takes effect.
To be completed by counsel
State whether a service-level commitment (uptime target, credits) and a support-response commitment are offered, and on which plans. If none is offered, say so explicitly rather than leaving the section vague.
The Operator maintains administrative, technical and physical safeguards designed to protect Customer Data, including encryption of data in transit, role-based access control within each workspace, optional two-factor authentication, and an audit log of significant actions.
You are responsible for the security decisions within your workspace: who you invite, what permissions you grant, and whether you require two-factor authentication for your users.
To be completed by counsel
Do not state or imply any certification or audit report (SOC 2, ISO 27001, PCI DSS) that has not been obtained. If and when one is obtained, name it here with its scope and date, and add the breach notification commitment — recipients, timeframe and method — that applicable law and customer contracts require.
The Service integrates with third-party providers you choose to connect — payment providers, bank-verification providers, e-signature, accounting, email delivery and others. Those services are governed by their own terms and privacy policies, and connecting one authorises the exchange of the data needed for the integration to work.
The Operator is not responsible for a third-party service’s availability, accuracy or acts. If a third-party service becomes unavailable, the related feature may stop working.
The Service, including its software, design and documentation, is owned by the Operator and its licensors. These Terms grant you a non-exclusive, non-transferable right to use the Service during your subscription, and nothing more.
Feedback you send about the Service may be used without obligation to you.
These Terms apply for as long as you use the Service. You may stop using it at any time; cancellation of a paid subscription takes effect according to your order.
The Operator may suspend access where necessary to protect the Service or other customers — for example on a credible security threat, on non-payment, or on a serious breach of section 7 — and will restore access once the cause is resolved.
Records the Operator is required to retain by law are kept for as long as the law requires. Backups expire on their ordinary cycle.
To be completed by counsel
These Terms deliberately make no data-return or deletion commitment. That is a decision, not an omission — owner, 2026-08-25, recorded as Q-40 in docs/wayfinder/ANSWER-KEY.md.
They previously promised: “After termination you may export your Customer Data for a limited period, after which it is deleted.” That sentence was removed because nobody could perform it. Offboarding revokes the sponsor team’s access the moment it is set (lib/auth/tenant-lifecycle-access.ts), and every existing data export sits behind that login; platform staff have no whole-firm export either. A right that is structurally unreachable is worse to publish than none.
Counsel must supply a data-return clause before any enterprise or EU/UK engagement. It should not be drafted before the capability exists — whole-firm export and erasure are deferred (Q-17). When it is drafted, reconcile its numbers with the retention periods in the Privacy Policy; the two documents must not give different ones.
To be completed by counsel
This section is intentionally not drafted. Warranty disclaimers, liability caps, excluded losses and indemnities are commercial and jurisdictional decisions, and boilerplate copied from elsewhere is routinely unenforceable — particularly against consumers and in the EU/UK.
Counsel must supply: the warranty position, the liability cap and its measure, excluded categories of loss, the carve-outs that cannot be capped, and any indemnity in either direction.
To be completed by counsel
Counsel must supply the governing law, the forum, and whether disputes are resolved in court or by arbitration — including any class-action waiver and any consumer carve-outs that local law requires.
The Operator may update these Terms. Material changes will be notified in the Service or by email before they take effect, and the “last updated” date above will change. Continuing to use the Service after a change takes effect means you accept the updated Terms.
Questions about these Terms should be sent to the Operator using the contact details published on the Operator’s website.
To be completed by counsel
Insert the legal notice address and the email address for legal notices, and confirm whether notice by email alone is sufficient.