Terms of Service

Last updated: 13 July 2026

These Terms govern your use of the 1031brain platform. By creating an account or using the service, you agree to them. If you do not agree, do not use the service.

Read this first: what 1031brain is not

We are not a Qualified Intermediary. Section 1031 requires an independent Qualified Intermediary ("QI") to hold the proceeds of your relinquished property. 1031brain does not act as your QI, does not hold, control, or take custody of exchange funds, and is not a party to your exchange agreement. Your QI is a separate company with whom you contract directly.

We do not provide tax, legal, or investment advice. 1031brain is software. Nothing in the platform — including deadline calculations, tax-deferral estimates, identification rule checks, or generated documents — is advice, an opinion, or a guarantee of any tax treatment. You are responsible for engaging your own qualified tax and legal advisors, and for confirming that your exchange satisfies Section 1031.

The service is in beta

1031brain is currently offered as a beta service. It is under active development: features may change or be removed, the service may be unavailable or interrupted, and defects may exist. Access may be limited or invitation-based, and we may modify or discontinue the beta at any time. Because your exchange is time-critical, treat the platform as a tool that supports your process — not as your only record of your deadlines, and not as a replacement for your Qualified Intermediary's own procedures or your advisors' review.

Eligibility and your account

You must be at least 18 and able to form a binding contract. You agree to give accurate information, keep your credentials confidential, enable two-factor authentication where we require it, and tell us promptly at hello@1031brain.com if you suspect unauthorized access. You are responsible for activity under your account.

The deadlines remain yours

The platform calculates and displays your 45-day identification and 180-day closing deadlines and sends reminders as they approach. These are conveniences, not guarantees. Meeting the deadlines is your responsibility. Email can fail to arrive, software can be unavailable, and the figures you enter drive everything we compute — so verify your dates independently with your QI and your advisors. We are not liable for a missed deadline, a failed exchange, or any resulting tax liability.

Your content

You keep ownership of the information and documents you upload. You grant us the limited right to host, process, and display them in order to operate the service — including sharing them with the Qualified Intermediary assigned to your exchange. You confirm you have the right to share what you upload, and you agree not to upload unlawful content, attempt to access another organization's data, probe or disrupt the service, or use it to break the law.

Our content

The platform, its software, and its branding remain ours. These Terms grant you a limited, non-exclusive, non-transferable right to use the service; they do not transfer any of our intellectual property to you.

Availability

We work to keep the service running, but we do not promise uninterrupted availability. We may modify, suspend, or discontinue features, and we may perform maintenance. Because a 1031 exchange is time-critical, do not treat the platform as your only record of your deadlines.

Termination

You may close your account at any time. We may suspend or terminate access if you breach these Terms or use the service in a way that risks harm to others. Provisions that by their nature should survive — disclaimers, limitation of liability, and the sections on our content — survive termination.

Disclaimer of warranties

The service is provided "as is" and "as available," without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the service will be error-free, that calculations will be accurate for your circumstances, or that any communication will be delivered.

Limitation of liability

To the fullest extent permitted by law, 1031brain will not be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost tax deferral, or any tax, penalty, or interest assessed against you. Our total liability arising out of or relating to the service is limited to the greater of the amounts you paid us in the twelve months before the claim or one hundred U.S. dollars. Some jurisdictions do not allow these limitations, in which case they apply to the maximum extent permitted.

Indemnity

You agree to indemnify and hold 1031brain harmless from claims arising out of your use of the service, your content, or your breach of these Terms.

Governing law

These Terms are governed by the laws of [STATE — to be confirmed with counsel], without regard to its conflict-of-laws rules, and the state and federal courts located there will have exclusive jurisdiction over any dispute.

Changes and contact

We may update these Terms; we will change the date above and, for material changes, give notice in the app or by email. Continuing to use the service after a change means you accept it. Questions go to hello@1031brain.com.