DealMako

Terms of Service

Effective May 13, 2026 — Last updated May 13, 2026

These Terms of Service (“Terms”) govern your access to and use of the DealMako platform, website, and related services provided by DealMako, Inc. (“DealMako,” “we,” “us,” or “our”). By creating an account, purchasing a subscription, or using any portion of the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. The Service

DealMako provides software tools for real estate wholesalers and investors, including property search, skip tracing, lead management, SMS and email outreach, compliance website generation, 10DLC brand and campaign registration, contract and offer generation, and related features. The Service is provided subject to these Terms, our acceptable-use rules, and any order forms or plan descriptions we publish.

2. Accounts and Eligibility

You must be at least 18 years old and able to enter into a binding contract. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. Notify us immediately at ryan@dealmako.com if you suspect unauthorized access.

You must provide accurate, complete business information — legal name, EIN (or sole-proprietor status), physical address, and contact email — during onboarding. 10DLC brand registration will fail if this information is false or incomplete.

3. Acceptable Use

You agree not to:

  • Use the Service to send messages to anyone who has not provided express written consent, or to contacts on federal, state, or internal Do Not Call / Do Not Contact lists.
  • Upload or transmit content that is unlawful, harassing, defamatory, fraudulent, or infringes the rights of others.
  • Attempt to reverse engineer, scrape at scale, or circumvent the security or access controls of the Service.
  • Send SMS content that promotes adult content, illegal substances, hate speech, or any other content prohibited by carrier policy or 10DLC guidelines.
  • Use the Service to compete with DealMako by rebuilding a substantially similar product.

3.1 Purchased Lists Prohibition

Subscriber shall NOT use purchased, leased, rented, scraped, or third-party-sourced contact lists as a basis for sending messages through the Service unless Subscriber can produce documentary evidence of TCPA-compliant prior express written consent for each individual recipient. The burden of proving consent rests solely on Subscriber. Use of skip-traced data, foreclosure lists, tax delinquency lists, or similar property-based data sources to identify recipients for SMS outreach does NOT constitute consent.

3.2 Public Records Carve-Out

Subscriber acknowledges that public records, including but not limited to county property records, tax records, deed records, foreclosure filings, probate filings, and similar publicly available information, DO NOT constitute consent under the Telephone Consumer Protection Act. The mere fact that a property owner’s phone number is obtainable through public records or skip-tracing services does NOT authorize Subscriber to send SMS messages to that number.

3.3 10DLC Code of Conduct — Prohibited Industries

The following industries and content types are prohibited from using the Service for SMS, in addition to SHAFT (Sex, Hate, Alcohol, Firearms, Tobacco) restrictions: cannabis or CBD products, payday loans, debt consolidation or debt forgiveness, gambling or sweepstakes, cryptocurrency or investment schemes, multi-level marketing, work-from-home offers, weight loss claims, and any industry restricted by The Campaign Registry’s 10DLC Code of Conduct.

We may suspend or terminate your account for violations, and we will cooperate with law enforcement in response to valid legal process.

4. SMS & Text Messaging

By using DealMako’s SMS features, you agree to comply with all applicable laws including the Telephone Consumer Protection Act (TCPA) and state regulations. You must obtain proper consent before sending text messages through the platform. Full SMS terms are available at SMS Terms. Our privacy practices for text messaging are described in our Privacy Policy.

DealMako provides software tools designed to make TCPA and 10DLC compliance easier, including a compliance website generator, consent capture, STOP keyword handling, DNC scrubbing, and consent recordkeeping. However, you — the user — are solely responsible for your own compliance with the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, the Virginia SB 1339 opt-out retention requirement, state-level DNC laws, and the CTIA Short Code Monitoring Handbook and 10DLC Code of Conduct.

Specifically, you represent and warrant that (a) you have obtained express written consent from every recipient of an SMS message sent through the Service, (b) the content of each message is accurate and not misleading, (c) you honor opt-out requests across every channel, and (d) your compliance website is accurate and reflects your actual business practices.

4.1 Opt-Out Handling

DealMako automatically detects and honors opt-out requests including: (a) standard keywords (STOP, STOPALL, UNSUBSCRIBE, CANCEL, END, QUIT, REMOVE); (b) informal opt-out language (“leave me alone,” “remove me,” “do not text,” “stop texting me,” “unsubscribe me,” or similar reasonable indications); and (c) any communication from the recipient that a reasonable person would interpret as a request to stop receiving messages, in compliance with the FCC’s April 11, 2025 consent revocation rule.

DealMako is not your attorney. Nothing in the Service constitutes legal advice. You should consult qualified counsel about TCPA, state telemarketing laws, and privacy laws in your jurisdiction.

5. Payment Terms

Subscription fees are billed in advance on a monthly or annual basis via Stripe and are non-refundable except as required by law. Usage-based charges — including SMS sending and phone-number provisioning — are deducted from your prepaid wallet balance. We may adjust prices on 30 days’ notice; price changes apply to the next billing cycle.

If a charge is disputed or fails, we may suspend your account until the balance is resolved. You are responsible for any applicable taxes.

6. Third-Party Services

The Service relies on third-party providers including Stripe, Telnyx, Supabase, Mapbox, Tracerfy, Cloudflare, and Vercel. Use of the Service is also subject to those providers’ terms where applicable. We are not responsible for outages, errors, or limitations imposed by third-party providers.

7. Intellectual Property

The Service, including all code, content, designs, and trademarks, is owned by DealMako or our licensors. We grant you a limited, non-exclusive, non-transferable license to use the Service in accordance with these Terms. You retain ownership of all lead data, property data, and SMS content you upload (“Customer Data”), and you grant us a worldwide license to use Customer Data solely to operate and improve the Service.

8. Limitation of Liability

To the maximum extent permitted by law, DealMako is not liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost data, or business interruption. Our aggregate liability for any claim arising out of or related to the Service is limited to the amount you paid to DealMako in the twelve months preceding the event giving rise to the claim.

The Service is provided “as is” and “as available” without warranty of any kind. We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

9. Indemnification

You agree to defend, indemnify, and hold DealMako, its officers, directors, employees, and agents harmless from any claim, damage, or expense (including reasonable attorneys’ fees) arising out of (a) your breach of these Terms, (b) your violation of any law or the rights of a third party, (c) SMS or email messages you send through the Service, or (d) your Customer Data.

10. Termination

You may cancel your subscription at any time from the billing page. Cancellation takes effect at the end of the current billing period. We may suspend or terminate your account immediately for violations of these Terms. Upon termination, your access ends and we will delete or de-identify Customer Data within 90 days, except for consent and opt-out records we are required to retain by law.

11. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-laws principles. Any dispute arising out of or related to these Terms or the Service will be resolved exclusively in the state or federal courts located in Miami-Dade County, Florida, and you consent to personal jurisdiction in those courts. You agree to attempt to resolve any dispute informally by contacting ryan@dealmako.com at least 30 days before filing a lawsuit.

12. Modifications

We may update these Terms from time to time. Material changes will be announced by email or through an in-app notice at least 30 days before they take effect. Continued use of the Service after a change constitutes acceptance of the revised Terms.

13. Contact

Questions about these Terms? Contact ryan@dealmako.com.